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Public Act 093-0301


 

Public Act 93-0301 of the 93rd General Assembly


Public Act 93-0301

HB0087 Enrolled                      LRB093 02293 DRJ 02708 b

    AN ACT in relation to elderly persons  and  persons  with
disabilities.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Elder Abuse and Neglect Act is amended by
changing Sections 3.5, 4, and 7 as follows:

    (320 ILCS 20/3.5)
    Sec. 3.5.  Other Responsibilities.  The Department  shall
also  be responsible for the following activities, contingent
upon adequate funding:
    (a)  promotion of a  wide  range  of  endeavors  for  the
purpose  of  preventing  elder  abuse, neglect, and financial
exploitation in both  domestic  and  institutional  settings,
including,  but  not  limited  to,  promotion  of  public and
professional education to increase awareness of elder  abuse,
neglect, and financial exploitation, to increase reports, and
to  improve response by various legal, financial, social, and
health systems;
    (b)  coordination  of  efforts   with   other   agencies,
councils,  and  like  entities, to include but not be limited
to, the Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the  State
Triad,  the  Illinois Criminal Justice Information Authority,
the Departments of  Public  Health,  Public  Aid,  and  Human
Services,  the  Family  Violence  Coordinating  Council,  the
Illinois  Violence  Prevention  Authority, and other entities
which may impact awareness of, and response to, elder  abuse,
neglect, and financial exploitation;
    (c)  collection and analysis of data;
    (d)  monitoring    of   the   performance   of   regional
administrative agencies and elder  abuse  provider  agencies;
and
    (e)  promotion of prevention activities;.
    (f)  establishing  and coordinating a training program on
the unique nature of elder abuse cases with  other  agencies,
councils, and like entities, to include but not be limited to
the  Office  of  the  Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the  State
Triad,  the  Illinois Criminal Justice Information Authority,
the State departments of Public Health, Public Aid, and Human
Services,  the  Family  Violence  Coordinating  Council,  the
Illinois Violence Prevention Authority,  and  other  entities
that  may  impact  awareness of, and response to elder abuse,
neglect, and financial exploitation;
    (g)  solicitation  of  financial  institutions  for   the
purpose of making information available to the general public
warning  of financial exploitation of the elderly and related
financial fraud or  abuse,  including  such  information  and
warnings available through signage or other written materials
provided  by the Department on the premises of such financial
institutions, provided  that  the  manner  of  displaying  or
distributing   such   information  is  subject  to  the  sole
discretion of each financial institution; and
    (h)  coordinating  efforts  with  utility  and   electric
companies  to  send  notices  in  utility bills to explain to
persons 60 years of  age  or  older  their  rights  regarding
telemarketing and home repair fraud.
(Source: P.A. 92-16, eff. 6-28-01.)

    (320 ILCS 20/4) (from Ch. 23, par. 6604)
    Sec. 4.  Reports of abuse or neglect.
    (a)  Any  person  who  suspects  the  abuse,  neglect, or
financial exploitation of an eligible adult may  report  this
suspicion  to  an  agency  designated to receive such reports
under this Act or to the Department.
    (a-5)  If any mandated reporter  has  reason  to  believe
that  an eligible adult, who because of dysfunction is unable
to seek assistance for himself or herself,  has,  within  the
previous  12  months,  been  subjected  to abuse, neglect, or
financial exploitation, the mandated reporter  shall,  within
24  hours after developing such belief, report this suspicion
to an agency designated to receive such  reports  under  this
Act  or  to  the Department.  Whenever a mandated reporter is
required to report under this Act in his or her capacity as a
member of the staff of a medical or other public  or  private
institution,  facility, board and care home, or agency, he or
she shall make a report to an agency  designated  to  receive
such   reports  under  this  Act  or  to  the  Department  in
accordance with the provisions  of  this  Act  and  may  also
notify  the  person  in  charge of the institution, facility,
board and care home, or agency or his or her designated agent
that the report has been made.  Under no circumstances  shall
any person in charge of such institution, facility, board and
care  home, or agency, or his or her designated agent to whom
the  notification  has  been  made,  exercise  any   control,
restraint, modification, or other change in the report or the
forwarding  of  the report to an agency designated to receive
such reports under  this  Act  or  to  the  Department.   The
privileged  quality of communication between any professional
person required to report and his or her  patient  or  client
shall not apply to situations involving abused, neglected, or
financially   exploited   eligible   adults   and  shall  not
constitute grounds for failure to report as required by  this
Act.
    (a-7)  A  person  making  a  report under this Act in the
belief that it is in the alleged victim's best interest shall
be immune from criminal or civil  liability  or  professional
disciplinary   action   on  account  of  making  the  report,
notwithstanding    any    requirements     concerning     the
confidentiality  of information with respect to such eligible
adult which might otherwise be applicable.
    (a-9)  Law enforcement officers shall continue to  report
incidents  of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements  under
this Act.
    (b)  Any  person,  institution or agency participating in
the making of a  report,  providing  information  or  records
related   to   a   report,   assessment,   or   services,  or
participating in the investigation of a report under this Act
in good faith, or taking photographs or x-rays as a result of
an authorized assessment, shall have immunity from any civil,
criminal or other liability in any civil, criminal  or  other
proceeding  brought  in  consequence of making such report or
assessment  or  on  account  of   submitting   or   otherwise
disclosing   such   photographs   or  x-rays  to  any  agency
designated to receive reports of alleged or  suspected  abuse
or  neglect.  Any person, institution or agency authorized by
the  Department  to  provide  assessment,  intervention,   or
administrative  services  under  this  Act shall, in the good
faith performance of those services, have immunity  from  any
civil, criminal or other liability in any civil, criminal, or
other  proceeding brought as a consequence of the performance
of those services. For the purposes of any  civil,  criminal,
or other proceeding, the good faith of any person required to
report,   permitted   to   report,  or  participating  in  an
investigation of a report  of  alleged  or  suspected  abuse,
neglect, or financial exploitation shall be presumed.
    (c)  The  identity of a person making a report of alleged
or suspected abuse or neglect under this Act may be disclosed
by the Department or other agency provided for  in  this  Act
only with such person's written consent or by court order.
    (d)  The  Department shall by rule establish a system for
filing and compiling reports made under this Act.
    (e)  Any physician  who  willfully  fails  to  report  as
required  by this Act shall be referred to the Illinois State
Medical Disciplinary Board  for  action  in  accordance  with
subdivision (A)(22) of Section 22 of the Medical Practice Act
of 1987.  Any dentist or dental hygienist who willfully fails
to  report  as  required by this Act shall be referred to the
Department  of  Professional   Regulation   for   action   in
accordance  with  paragraph  19 of Section 23 of the Illinois
Dental Practice Act.  Any other mandated reporter required by
this Act to report suspected  abuse,  neglect,  or  financial
exploitation who willfully fails to report the same is guilty
of a Class A misdemeanor.
(Source: P.A. 90-628, eff. 1-1-99.)

    (320 ILCS 20/7) (from Ch. 23, par. 6607)
    Sec.  7.  Review.   All  services provided to an eligible
adult shall be reviewed by the provider agency on at least  a
quarterly  basis  for up to one year to determine whether the
service care plan should be  continued  or  modified,  except
that,  upon  review,  the  Department  may  grant a waiver to
extend the service care plan for up to one additional year.
(Source: P.A. 90-628, eff. 1-1-99.)

    Section 10.  The Criminal Code  of  1961  is  amended  by
changing Sections 12-19, 12-21, and 16-1.3 as follows:

    (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
    Sec.  12-19.  Abuse  and Criminal Gross Neglect of a Long
Term Care Facility Resident.
    (a)  Any person or any owner or licensee of a  long  term
care  facility  who abuses a long term care facility resident
is guilty of a Class 3 felony.  Any person or  any  owner  or
licensee  of a long term care facility who criminally grossly
neglects a long term care facility resident is  guilty  of  a
Class  4  felony.  A  person whose criminal neglect of a long
term care facility resident results in the  resident's  death
is  guilty of a Class 3 felony. However, nothing herein shall
be deemed to  apply  to  a  physician  licensed  to  practice
medicine  in  all  its  branches  or  a  duly  licensed nurse
providing care within the scope of his  or  her  professional
judgment and within the accepted standards of care within the
community.
    (b)  Notwithstanding the penalties in subsections (a) and
(c) and in addition thereto, if a licensee or owner of a long
term  care facility or his or her employee has caused neglect
of a resident, the licensee or owner is  guilty  of  a  petty
offense.    An   owner  or  licensee  is  guilty  under  this
subsection (b) only  if  the  owner  or  licensee  failed  to
exercise reasonable care in the hiring, training, supervising
or providing of staff or other related routine administrative
responsibilities.
    (c)  Notwithstanding the penalties in subsections (a) and
(b) and in addition thereto, if a licensee or owner of a long
term  care  facility  or his or her employee has caused gross
neglect of a resident, the licensee or owner is guilty  of  a
business  offense  for  which a fine of not more than $10,000
may be imposed.  An owner or licensee is  guilty  under  this
subsection  (c)  only  if  the  owner  or  licensee failed to
exercise reasonable care in the hiring, training, supervising
or providing of staff or other related routine administrative
responsibilities.
    (d)  For the purpose of this Section:
         (1)  "Abuse"  means   intentionally   or   knowingly
    causing  any  physical or mental injury or committing any
    sexual offense set forth in this Code.
         (2)  "Criminal  neglect"  means  an  act  whereby  a
    person recklessly (i) performs acts that cause an elderly
    person's  or  person  with  a  disability's  life  to  be
    endangered,  health  to  be  injured,   or   pre-existing
    physical  or  mental  condition  to  deteriorate, or (ii)
    fails to perform acts that he or she knows or  reasonably
    should  know  are  necessary  to maintain or preserve the
    life or health of an elderly  person  or  person  with  a
    disability,  and that failure causes the elderly person's
    or person with a  disability's  life  to  be  endangered,
    health  to be injured, or pre-existing physical or mental
    condition to deteriorate, or (iii)  abandons  an  elderly
    person or person with a disability. "Gross neglect" means
    recklessly   failing   to  provide  adequate  medical  or
    personal care or maintenance, which  failure  results  in
    physical  or  mental  injury  or  the  deterioration of a
    physical or mental condition.
         (3)  "Neglect" means negligently failing to  provide
    adequate  medical  or personal care or maintenance, which
    failure results in  physical  or  mental  injury  or  the
    deterioration of a physical or mental condition.
         (4)  "Resident"  means  a  person residing in a long
    term care facility.
         (5)  "Owner" means the person who owns a  long  term
    care facility as provided under the Nursing Home Care Act
    or  an  assisted  living  or shared housing establishment
    under the Assisted Living and Shared Housing Act.
         (6)  "Licensee"  means  the  individual  or   entity
    licensed  to  operate  a  facility under the Nursing Home
    Care Act or the Assisted Living and Shared Housing Act.
         (7)  "Facility" or "long term care facility" means a
    private home, institution, building,  residence,  or  any
    other  place,  whether  operated  for profit or not, or a
    county home for the infirm and chronically  ill  operated
    pursuant  to  Division 5-21 or 5-22 of the Counties Code,
    or any similar  institution  operated  by  the  State  of
    Illinois   or  a  political  subdivision  thereof,  which
    provides, through its ownership or  management,  personal
    care, sheltered care or nursing for 3 or more persons not
    related  to the owner by blood or marriage. The term also
    includes skilled nursing facilities and intermediate care
    facilities as defined in Title XVIII and Title XIX of the
    federal  Social  Security   Act   and   assisted   living
    establishments and shared housing establishments licensed
    under the Assisted Living and Shared Housing Act.
    (e)  Nothing contained in this Section shall be deemed to
apply  to  the  medical supervision, regulation or control of
the remedial care or treatment of  residents  in  a  facility
conducted  for  those  who  rely  upon treatment by prayer or
spiritual means in accordance with the creed or tenets of any
well recognized church or religious denomination and which is
licensed in accordance with Section 3-803 of the Nursing Home
Care Act.
(Source: P.A. 91-656, eff. 1-1-01.)

    (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
    Sec. 12-21.  Criminal abuse  or  neglect  of  an  elderly
person or disabled person with a disability.
    (a)  A  person  commits  the offense of criminal abuse or
neglect of an  elderly  person  or  disabled  person  with  a
disability  when  he  or  she  is  a  caregiver and he or she
knowingly:
         (1)  performs acts that cause the elderly person  or
    person  with  a disability's disabled person's life to be
    endangered,  health  to  be  injured,   or   pre-existing
    physical or mental condition to deteriorate; or
         (2)  fails  to  perform acts that he or she knows or
    reasonably should  know  are  necessary  to  maintain  or
    preserve  the  life  or  health  of the elderly person or
    disabled person with a disability and such failure causes
    the elderly person or person with a disability's disabled
    person's life to be endangered, health to be  injured  or
    pre-existing physical or mental condition to deteriorate;
    or
         (3)  abandons  the elderly person or disabled person
    with a disability; or
         (4)  physically abuses,  harasses,  intimidates,  or
    interferes  with  the  personal  liberty  of  the elderly
    person or disabled person with a  disability  or  exposes
    the  elderly person or disabled  person with a disability
    to willful deprivation.
    Criminal  abuse  or  neglect  of  an  elderly  person  or
disabled person with  a  disability  is  a  Class  3  felony.
Criminal  neglect  of  an  elderly  person  or  person with a
disability is a  Class  2  felony  if  the  criminal  neglect
results  in  the death of the person neglected  for which the
defendant, if sentenced to a term of imprisonment,  shall  be
sentenced  to  a  term  of not less than 3 years and not more
than 14 years.
    (b)  For purposes of this Section:
         (1)  "Elderly person" means a person 60 years of age
    or older who is suffering from  a  disease  or  infirmity
    associated  with advanced age and manifested by physical,
    mental or emotional dysfunctioning  to  the  extent  that
    such  person is incapable of adequately providing for his
    own health and personal care.
         (2)  "Disabled Person with  a  disability"  means  a
    person  who  suffers  from a permanent physical or mental
    impairment, resulting from  disease,  injury,  functional
    disorder  or  congenital  condition  which  renders  such
    person  incapable  of  adequately  providing  for his own
    health and personal care.
         (3)  "Caregiver" means a person who has  a  duty  to
    provide   for   an   elderly  person  or  person  with  a
    disability's disabled person's health and personal  care,
    at  such  person's  place of residence, including but not
    limited  to,  food  and  nutrition,   shelter,   hygiene,
    prescribed medication and medical care and treatment.
         "Caregiver" shall include:
              (A)  a  parent,  spouse,  adult  child or other
         relative by blood or marriage who  resides  with  or
         resides  in the same building with or and  regularly
         visits the elderly person or disabled  person with a
         disability, knows or reasonably should know of  such
         person's  physical or mental impairment and knows or
         reasonably should know that such person is unable to
         adequately provide for his own health  and  personal
         care;
              (B)  a  person  who  is employed by the elderly
         person or disabled person with a  disability  or  by
         another  to  reside  with  or  regularly  visit  the
         elderly person or disabled  person with a disability
         and  provide  for  such person's health and personal
         care;
              (C)  a person who has agreed for  consideration
         to reside with or regularly visit the elderly person
         or  disabled   person with a disability  and provide
         for such person's health and personal care; and
              (D)  a person  who  has  been  appointed  by  a
         private  or public agency or by a court of competent
         jurisdiction to provide for the  elderly  person  or
         person  with a disability's disabled person's health
         and personal care.
         "Caregiver"  shall  not  include  a  long-term  care
    facility licensed or certified  under  the  Nursing  Home
    Care   Act   or  any  administrative,  medical  or  other
    personnel of such a facility, or a health  care  provider
    who  is  licensed  under the Medical Practice Act of 1987
    and  renders  care  in  the  ordinary   course   of   his
    profession.
         (4)  "Abandon"  means to desert or knowingly forsake
    an elderly person or disabled person  with  a  disability
    under  circumstances  in  which a reasonable person would
    continue to provide care and custody.
         (5)  "Willful deprivation" has the meaning  ascribed
    to  it  in  paragraph (15) of Section 103 of the Illinois
    Domestic Violence Act of 1986.
    (c)  Nothing in this Section shall be construed to  limit
the  remedies  available  to  the  victim  under the Illinois
Domestic Violence Act.
    (d)  Nothing in this Section shall be construed to impose
criminal liability on a person who  has  made  a  good  faith
effort  to  provide  for  the  health and personal care of an
elderly person or disabled  person  with  a  disability,  but
through  no  fault of his own has been unable to provide such
care.
    (e)  Nothing  in  this  Section  shall  be  construed  as
prohibiting a person from providing  treatment  by  spiritual
means  through  prayer alone and care consistent therewith in
lieu of medical care and treatment  in  accordance  with  the
tenets  and practices of any church or religious denomination
of which  the  elderly  person  or  disabled  person  with  a
disability is a member.
    (f)  It  is not a defense to criminal abuse or neglect of
an elderly person or disabled  person with a disability  that
the  accused  reasonably  believed that the victim was not an
elderly person  or disabled  person with a disability.
(Source: P.A. 92-328, eff. 1-1-02.)

    (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
    Sec. 16-1.3.  Financial exploitation of an elderly person
or a person with a disability.
    (a)  A  person   commits   the   offense   of   financial
exploitation  of  an  elderly  person  or  a  person  with  a
disability  when  he  or she stands in a position of trust or
confidence with  the  elderly  person  or  a  person  with  a
disability    and  he  or  she  knowingly and by deception or
intimidation obtains control over the property of an  elderly
person  or  a  person with a disability or illegally uses the
assets or resources of an elderly person or a person  with  a
disability.  The illegal use of the assets or resources of an
elderly person or a person with a disability includes, but is
not  limited  to,  the  misappropriation  of  those assets or
resources  by  undue  influence,  breach   of   a   fiduciary
relationship,  fraud,  deception,  extortion,  or  use of the
assets or resources  contrary  to  law  with  the  intent  to
permanently  deprive  the elderly person or the person with a
disability of the use, benefit, or possession of his  or  her
property.
    Financial  exploitation  of an elderly person or a person
with a disability is a Class 4 felony if  the  value  of  the
property  is  $300  or less, a Class 3 felony if the value of
the property is more than $300 but less than $5,000, a  Class
2  felony  if the value of the property is $5,000 or more but
less than $100,000 and a Class 1 felony if the value  of  the
property is $100,000 or more or if the elderly person is over
70  years  of age and the value of the property is $15,000 or
more or if the elderly person is 80 years of age or older and
the value of the property is $5,000 or more.
    (b)  For purposes of this Section:
         (1)  "Elderly person" means a person 60 years of age
    or older  who is suffering from a  disease  or  infirmity
    that  impairs the individual's mental or physical ability
    to independently manage his or her property or  financial
    resources, or both.
         (2)  "Person  with  a disability" means a person who
    suffers from a permanent physical  or  mental  impairment
    resulting  from  disease,  injury, functional disorder or
    congenital condition that impairs the individual's mental
    or physical ability to independently manage  his  or  her
    property or financial resources, or both.
         (3)  "Intimidation"  means  the  communication to an
    elderly person or a person with a disability that  he  or
    she  shall  be  deprived  of food and nutrition, shelter,
    prescribed medication or medical care and treatment.
         (4)  "Deception" means, in addition to  its  meaning
    as   defined   in   Section   15-4   of   this   Code,  a
    misrepresentation  or  concealment   of   material   fact
    relating  to the terms of a contract or agreement entered
    into with the elderly person or person with a  disability
    or  to  the  existing or pre-existing condition of any of
    the property involved in such contract or  agreement;  or
    the  use  or  employment  of any misrepresentation, false
    pretense or false promise in order to  induce,  encourage
    or solicit the elderly person or person with a disability
    to enter into a contract or agreement.
    (c)  For  purposes  of this Section, a person stands in a
position of trust and confidence with an  elderly  person  or
person  with  a  disability  when he (1) is a parent, spouse,
adult child or other relative by blood  or  marriage  of  the
elderly  person  or  person with a disability, (2) is a joint
tenant or tenant in common with the elderly person or  person
with  a disability, (3) has a legal or fiduciary relationship
with the elderly person or person with a disability,  or  (4)
is a financial planning or investment professional.
    (d)  Nothing  in this Section shall be construed to limit
the remedies available  to  the  victim  under  the  Illinois
Domestic Violence Act of 1986.
    (e)  Nothing in this Section shall be construed to impose
criminal  liability  on  a  person  who has made a good faith
effort  to  assist  the  elderly  person  or  person  with  a
disability in the management of  his  or  her  property,  but
through no fault of his or her own has been unable to provide
such assistance.
    (f)  It  shall not be a defense to financial exploitation
of an elderly person or person with  a  disability  that  the
accused  reasonably  believed  that  the  victim  was  not an
elderly person or person with a disability.
    (g)  Civil  Liability.   A  person  who  is  charged   by
information  or  indictment  with  the  offense  of financial
exploitation of an elderly person or person with a disability
and who fails or refuses  to  return  the  victim's  property
within  60 days following a written demand from the victim or
the victim's legal representative  shall  be  liable  to  the
victim  or  to  the estate of the victim in damages of treble
the amount of  the  value  of  the  property  obtained,  plus
reasonable  attorney  fees  and  court  costs.  The burden of
proof that the defendant  unlawfully  obtained  the  victim's
property  shall  be by a preponderance of the evidence.  This
subsection shall be operative whether or  not  the  defendant
has been convicted of the offense.
(Source: P.A. 91-236, eff. 7-22-99; 92-808, eff. 8-21-02.)

    Section  15.  The  Code  of Criminal Procedure of 1963 is
amended by  changing  Section  115-10.3  and  adding  Section
114-13.5 as follows:

    (725 ILCS 5/114-13.5 new)
    Sec.  114-13.5.  Evidence  deposition; elder abuse.  In a
prosecution for  abuse, neglect, or financial exploitation of
an eligible adult as defined in the Elder Abuse  and  Neglect
Act,  the eligible adult may give testimony in the form of an
evidence deposition and not be required to appear in court to
testify.
    (725 ILCS 5/115-10.3)
    Sec. 115-10.3.  Hearsay exception regarding elder adults.
    (a)  In a prosecution for a physical act, abuse, neglect,
or financial exploitation  perpetrated  upon  or  against  an
eligible  adult,  as  defined  in the Elder Abuse and Neglect
Act, who at the time the act was committed or  prior  to  the
time of the trial has been diagnosed by a physician to suffer
from  (i)  any form of dementia, developmental disability, or
other  form  of  mental  incapacity  or  (ii)  any   physical
infirmity,  including  but  not  limited  to prosecutions for
violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11,
12-1, 12-2,  12-3,  12-3.2,  12-4,  12-4.1,  12-4.2,  12-4.5,
12-4.6,  12-4.7,  12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1,
12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1,  17-3,
18-1,  18-2,  18-3,  18-4, 18-5, 20-1.1, 24-1.2, and 33A-2 of
the Criminal Code of 1961, the following  evidence  shall  be
admitted as an exception to the hearsay rule:
         (1)  testimony  by  an  eligible adult, of an out of
    court statement made by the eligible adult,  that  he  or
    she complained of such act to another; and
         (2)  testimony  of an out of court statement made by
    the eligible adult, describing any complaint of such  act
    or  matter  or  detail  pertaining to any act which is an
    element  of  an  offense  which  is  the  subject  of   a
    prosecution  for  a  physical  act,  abuse,  neglect,  or
    financial  exploitation  perpetrated  upon or against the
    eligible adult.
    (b)  Such testimony shall only be admitted if:
         (1)  The court finds in a hearing conducted  outside
    the  presence  of  the  jury  that the time, content, and
    circumstances  of  the   statement   provide   sufficient
    safeguards of reliability; and
         (2)  The eligible adult either:
              (A)  testifies at the proceeding; or
              (B)  is  unavailable  as a witness and there is
         corroborative evidence  of  the  act  which  is  the
         subject of the statement.
    (c)  If a statement is admitted pursuant to this Section,
the  court shall instruct the jury that it is for the jury to
determine  the  weight  and  credibility  to  be  given   the
statement  and  that,  in  making the determination, it shall
consider the condition of the eligible adult, the  nature  of
the  statement,  the  circumstances under which the statement
was made, and any other relevant factor.
    (d)  The  proponent  of  the  statement  shall  give  the
adverse party reasonable notice of his or  her  intention  to
offer the statement and the particulars of the statement.
(Source: P.A. 92-91, eff. 7-18-01.)

    Section  20.  The  Unified Code of Corrections is amended
by changing Section 5-5-3 as follows:

    (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3.  Disposition.
    (a)  Every  person  convicted  of  an  offense  shall  be
sentenced as provided in this Section.
    (b)  The   following   options   shall   be   appropriate
dispositions, alone or in combination, for all  felonies  and
misdemeanors other than those identified in subsection (c) of
this Section:
         (1)  A period of probation.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (5)  An order directing the offender to clean up and
    repair  the  damage,  if the offender was convicted under
    paragraph (h) of Section 21-1 of  the  Criminal  Code  of
    1961.
         (6)  A fine.
         (7)  An   order   directing  the  offender  to  make
    restitution to the victim under  Section  5-5-6  of  this
    Code.
         (8)  A  sentence of participation in a county impact
    incarceration program under Section 5-8-1.2 of this Code.
    Whenever an individual is sentenced for an offense  based
upon  an  arrest  for  a  violation  of Section 11-501 of the
Illinois Vehicle Code, or a  similar  provision  of  a  local
ordinance,   and   the   professional  evaluation  recommends
remedial or rehabilitative treatment  or  education,  neither
the treatment nor the education shall be the sole disposition
and  either  or  both may be imposed only in conjunction with
another disposition. The court shall monitor compliance  with
any remedial education or treatment recommendations contained
in  the professional evaluation.  Programs conducting alcohol
or other  drug  evaluation  or  remedial  education  must  be
licensed  by  the  Department of Human Services.  However, if
the individual is not a resident of Illinois, the  court  may
accept  an  alcohol  or  other  drug  evaluation  or remedial
education  program  in  the  state   of   such   individual's
residence.   Programs  providing  treatment  must be licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501  of
the  Illinois  Vehicle  Code  or a similar provision of local
ordinance, whose  operation  of  a  motor  vehicle  while  in
violation  of  Section  11-501  or such ordinance proximately
caused an incident  resulting  in  an  appropriate  emergency
response,  shall  be required to make restitution to a public
agency for  the  costs  of  that  emergency  response.   Such
restitution  shall not exceed $500 per public agency for each
such emergency response.  For the purpose of this  paragraph,
emergency  response  shall  mean  any  incident  requiring  a
response  by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the  rolls
of  a regularly constituted fire department; and an ambulance
as defined  under  Section  4.05  of  the  Emergency  Medical
Services (EMS) Systems Act.
    Neither   a  fine  nor  restitution  shall  be  the  sole
disposition for a felony and either or both  may  be  imposed
only in conjunction with another disposition.
    (c) (1)  When a defendant is found guilty of first degree
    murder   the   State   may  either  seek  a  sentence  of
    imprisonment under Section 5-8-1 of this Code,  or  where
    appropriate seek a sentence of death under Section 9-1 of
    the Criminal Code of 1961.
         (2)  A  period  of  probation,  a  term  of periodic
    imprisonment  or  conditional  discharge  shall  not   be
    imposed  for  the  following  offenses.  The  court shall
    sentence the offender to not less than the  minimum  term
    of  imprisonment set forth in this Code for the following
    offenses, and may order a fine or restitution or both  in
    conjunction with such term of imprisonment:
              (A)  First   degree   murder  where  the  death
         penalty is not imposed.
              (B)  Attempted first degree murder.
              (C)  A Class X felony.
              (D)  A violation of Section 401.1 or 407 of the
         Illinois Controlled Substances Act, or  a  violation
         of  subdivision  (c)(1)  or (c)(2) of Section 401 of
         that Act which relates to more than  5  grams  of  a
         substance  containing heroin or cocaine or an analog
         thereof.
              (E)  A violation of Section 5.1  or  9  of  the
         Cannabis Control Act.
              (F)  A   Class  2  or  greater  felony  if  the
         offender had been convicted of a Class 2 or  greater
         felony  within  10  years  of  the date on which the
         offender committed the offense for which he  or  she
         is  being sentenced, except as otherwise provided in
         Section 40-10 of the Alcoholism and Other Drug Abuse
         and Dependency Act.
              (G)  Residential burglary, except as  otherwise
         provided  in  Section  40-10  of  the Alcoholism and
         Other Drug Abuse and Dependency Act.
              (H)  Criminal   sexual   assault,   except   as
         otherwise  provided  in  subsection  (e)   of   this
         Section.
              (I)  Aggravated battery of a senior citizen.
              (J)  A  forcible  felony  if  the  offense  was
         related to the activities of an organized gang.
              Before  July  1, 1994, for the purposes of this
         paragraph, "organized gang" means an association  of
         5  or  more  persons, with an established hierarchy,
         that  encourages  members  of  the  association   to
         perpetrate crimes or provides support to the members
         of the association who do commit crimes.
              Beginning  July  1,  1994,  for the purposes of
         this paragraph, "organized  gang"  has  the  meaning
         ascribed  to  it  in  Section  10  of  the  Illinois
         Streetgang Terrorism Omnibus Prevention Act.
              (K)  Vehicular hijacking.
              (L)  A  second or subsequent conviction for the
         offense of hate crime when  the  underlying  offense
         upon  which  the  hate  crime  is  based  is  felony
         aggravated assault or felony mob action.
              (M)  A  second or subsequent conviction for the
         offense of institutional vandalism if the damage  to
         the property exceeds $300.
              (N)  A  Class  3  felony violation of paragraph
         (1) of subsection (a) of Section 2  of  the  Firearm
         Owners Identification Card Act.
              (O)  A  violation  of  Section  12-6.1  of  the
         Criminal Code of 1961.
              (P)  A  violation  of  paragraph (1), (2), (3),
         (4), (5),  or  (7)  of  subsection  (a)  of  Section
         11-20.1 of the Criminal Code of 1961.
              (Q)  A  violation  of  Section  20-1.2  of  the
         Criminal Code of 1961.
              (R)  A   violation  of  Section  24-3A  of  the
         Criminal Code of 1961.
              (S)  A violation of Section  11-501(c-1)(3)  of
         the Illinois Vehicle Code.
         (3)  A minimum term of imprisonment of not less than
    5  days  or  30  days  of  community  service  as  may be
    determined by the court shall be  imposed  for  a  second
    violation   committed   within  5  years  of  a  previous
    violation of Section 11-501 of the Illinois Vehicle  Code
    or  a similar provision of a local ordinance. In the case
    of a third or subsequent  violation  committed  within  5
    years  of  a  previous violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of  a  local
    ordinance,   a   minimum   term  of  either  10  days  of
    imprisonment or 60 days of  community  service  shall  be
    imposed.
         (4)  A minimum term of imprisonment of not less than
    10 consecutive days or 30 days of community service shall
    be  imposed  for  a violation of paragraph (c) of Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  A minimum term  of  30  consecutive  days  of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720  hours  of community service, as may be determined by
    the court, shall be imposed for a  violation  of  Section
    11-501  of  the  Illinois Vehicle Code during a period in
    which the defendant's driving privileges are  revoked  or
    suspended,  where  the revocation or suspension was for a
    violation of Section 11-501 or Section 11-501.1  of  that
    Code.
         (4.2)  Except as provided in paragraph (4.3) of this
    subsection  (c),  a  minimum  of  100  hours of community
    service shall  be  imposed  for  a  second  violation  of
    Section 6-303 of the Illinois Vehicle Code.
         (4.3)  A  minimum term of imprisonment of 30 days or
    300 hours of community  service,  as  determined  by  the
    court,  shall  be  imposed  for  a  second  violation  of
    subsection  (c)  of Section 6-303 of the Illinois Vehicle
    Code.
         (4.4)  Except as provided  in  paragraph  (4.5)  and
    paragraph (4.6) of this subsection (c), a minimum term of
    imprisonment  of  30  days  or  300  hours  of  community
    service, as determined by the court, shall be imposed for
    a  third  or subsequent violation of Section 6-303 of the
    Illinois Vehicle Code.
         (4.5)  A minimum term of  imprisonment  of  30  days
    shall  be imposed for a third violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
         (4.6)  A minimum term of imprisonment  of  180  days
    shall  be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the  Illinois  Vehicle
    Code.
         (5)  The court may sentence an offender convicted of
    a business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
              (A)  a period of conditional discharge;
              (B)  a fine;
              (C)  make   restitution  to  the  victim  under
         Section 5-5-6 of this Code.
         (5.1)  In addition to any  penalties  imposed  under
    paragraph  (5)  of  this  subsection  (c),  and except as
    provided in paragraph (5.2) or (5.3), a person  convicted
    of  violating  subsection  (c)  of  Section 11-907 of the
    Illinois Vehicle Code shall  have  his  or  her  driver's
    license,  permit, or privileges suspended for at least 90
    days but  not  more  than  one  year,  if  the  violation
    resulted in damage to the property of another person.
         (5.2)  In  addition  to  any penalties imposed under
    paragraph (5) of  this  subsection  (c),  and  except  as
    provided  in  paragraph  (5.3),  a  person  convicted  of
    violating   subsection  (c)  of  Section  11-907  of  the
    Illinois Vehicle Code shall  have  his  or  her  driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
         (5.3)  In  addition  to  any penalties imposed under
    paragraph (5) of this subsection (c), a person  convicted
    of  violating  subsection  (c)  of  Section 11-907 of the
    Illinois Vehicle Code shall  have  his  or  her  driver's
    license,  permit, or privileges suspended for 2 years, if
    the violation resulted in the death of another person.
         (6)  In no case shall an offender be eligible for  a
    disposition  of  probation or conditional discharge for a
    Class 1 felony committed while he was serving a  term  of
    probation or conditional discharge for a felony.
         (7)  When   a   defendant  is  adjudged  a  habitual
    criminal under Article 33B of the Criminal Code of  1961,
    the  court  shall  sentence  the  defendant  to a term of
    natural life imprisonment.
         (8)  When a defendant, over the age of 21 years,  is
    convicted  of  a  Class 1 or Class 2 felony, after having
    twice been convicted in any state or federal court of  an
    offense that contains the same elements as an offense now
    classified  in  Illinois  as  a  Class 2 or greater Class
    felony and such charges are separately brought and  tried
    and arise out of different series of acts, such defendant
    shall  be sentenced as a Class X offender. This paragraph
    shall not apply unless (1) the first felony was committed
    after the effective date of this amendatory Act of  1977;
    and  (2) the second felony was committed after conviction
    on the first; and (3)  the  third  felony  was  committed
    after  conviction  on the second. A person sentenced as a
    Class X offender under this paragraph is not eligible  to
    apply  for  treatment  as  a  condition  of  probation as
    provided by Section 40-10 of  the  Alcoholism  and  Other
    Drug Abuse and Dependency Act.
         (9)  A defendant convicted of a second or subsequent
    offense  of  ritualized abuse of a child may be sentenced
    to a term of natural life imprisonment.
         (10)  When  a  person  is  convicted  of   violating
    Section  11-501 of the Illinois Vehicle Code or a similar
    provision of a local ordinance, the  following  penalties
    apply  when his or her blood, breath, or urine was .16 or
    more based on the definition of blood, breath,  or  urine
    units  in Section 11-501.2 or that person is convicted of
    violating Section 11-501 of  the  Illinois  Vehicle  Code
    while transporting a child under the age of 16:
              (A)  For a first violation of subsection (a) of
         Section  11-501,  in  addition  to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501:   a   mandatory  minimum  of  100  hours  of
         community service and a minimum fine of $500.
              (B)  For a second violation of  subsection  (a)
         of  Section 11-501, in addition to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501  within  10  years:  a mandatory minimum of 2
         days of imprisonment and a minimum fine of $1,250.
              (C)  For a third violation of subsection (a) of
         Section 11-501, in addition  to  any  other  penalty
         that  may be imposed under subsection (c) of Section
         11-501 within 20 years: a mandatory  minimum  of  90
         days of imprisonment and a minimum fine of $2,500.
              (D)  For  a  fourth  or subsequent violation of
         subsection (a) of Section 11-501: ineligibility  for
         a sentence of probation or conditional discharge and
         a minimum fine of $2,500.
    (d)  In  any  case in which a sentence originally imposed
is vacated, the case shall be remanded to  the  trial  court.
The  trial  court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and  occupation  during
the  time  since the original sentence was passed.  The trial
court shall then impose sentence  upon  the  defendant.   The
trial  court  may  impose  any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections. If  a  sentence  is  vacated  on
appeal  or  on  collateral  attack  due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a  fact  (other  than  a  prior  conviction)
necessary  to  increase the punishment for the offense beyond
the  statutory  maximum  otherwise  applicable,  either   the
defendant  may  be  re-sentenced  to  a term within the range
otherwise provided or, if  the  State  files  notice  of  its
intention  to again seek the extended sentence, the defendant
shall be afforded a new trial.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault or aggravated criminal  sexual  abuse  under  Section
12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
conviction of a defendant who was  a  family  member  of  the
victim  at  the  time  of  the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
         (1)  the  court  finds  (A)  or  (B)  or  both   are
    appropriate:
              (A)  the  defendant  is  willing  to  undergo a
         court approved  counseling  program  for  a  minimum
         duration of 2 years; or
              (B)  the defendant is willing to participate in
         a  court  approved plan including but not limited to
         the defendant's:
                   (i)  removal from the household;
                   (ii)  restricted contact with the victim;
                   (iii)  continued financial support of  the
              family;
                   (iv)  restitution  for  harm  done  to the
              victim; and
                   (v)  compliance with  any  other  measures
              that the court may deem appropriate; and
         (2)  the  court  orders the defendant to pay for the
    victim's counseling services,  to  the  extent  that  the
    court finds, after considering the defendant's income and
    assets,  that  the  defendant  is  financially capable of
    paying for such services, if  the  victim  was  under  18
    years  of  age  at the time the offense was committed and
    requires counseling as a result of the offense.
    Probation may be revoked or modified pursuant to  Section
5-6-4;  except where the court determines at the hearing that
the defendant violated a condition of his  or  her  probation
restricting  contact  with the victim or other family members
or commits another offense with the victim  or  other  family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For  the  purposes  of  this Section, "family member" and
"victim" shall have the meanings ascribed to them in  Section
12-12 of the Criminal Code of 1961.
    (f)  This  Article  shall  not  deprive  a court in other
proceedings to order a forfeiture of property, to suspend  or
cancel  a  license,  to  remove  a  person from office, or to
impose any other civil penalty.
    (g)  Whenever a defendant  is  convicted  of  an  offense
under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
12-15  or  12-16  of the Criminal Code of 1961, the defendant
shall  undergo  medical  testing  to  determine  whether  the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any   other   identified   causative   agent   of    acquired
immunodeficiency  syndrome  (AIDS).   Any  such  medical test
shall be performed only  by  appropriately  licensed  medical
practitioners  and  may  include  an  analysis  of any bodily
fluids as well as an examination of the  defendant's  person.
Except as otherwise provided by law, the results of such test
shall  be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the  judge  of  the  court  in  which  the
conviction  was entered for the judge's inspection in camera.
Acting in accordance with the best interests  of  the  victim
and  the  public,  the  judge  shall  have  the discretion to
determine to whom, if anyone, the results of the testing  may
be revealed. The court shall notify the defendant of the test
results.  The court shall also notify the victim if requested
by  the  victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal  guardian,  the
court  shall notify the victim's parents or legal guardian of
the test results.  The court shall provide information on the
availability of HIV testing and counseling at  Department  of
Public  Health  facilities to all parties to whom the results
of the testing are revealed  and  shall  direct  the  State's
Attorney  to  provide  the  information  to  the  victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this  Section,
and  the  court  shall  grant  the  disclosure if the State's
Attorney shows it is relevant in order to prosecute a  charge
of  criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant.  The court shall
order that the cost of any such test shall  be  paid  by  the
county  and  may  be  taxed  as  costs  against the convicted
defendant.
    (g-5)  When  an  inmate  is  tested   for   an   airborne
communicable   disease,   as   determined   by  the  Illinois
Department of Public Health  including  but  not  limited  to
tuberculosis,  the  results  of  the test shall be personally
delivered by the warden or his or her designee  in  a  sealed
envelope  to  the judge of the court in which the inmate must
appear for the judge's inspection in camera if  requested  by
the  judge.   Acting in accordance with the best interests of
those in the courtroom, the judge shall have  the  discretion
to  determine  what  if  any  precautions need to be taken to
prevent transmission of the disease in the courtroom.
    (h)  Whenever a defendant  is  convicted  of  an  offense
under  Section  1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether   the   defendant   has   been   exposed   to   human
immunodeficiency  virus  (HIV)  or   any   other   identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall  be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the  judge  of  the  court  in  which  the
conviction  was entered for the judge's inspection in camera.
Acting in accordance with the best interests of  the  public,
the  judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of  a  positive  test  showing  an
infection  with  the  human immunodeficiency virus (HIV). The
court shall provide information on the  availability  of  HIV
testing   and  counseling  at  Department  of  Public  Health
facilities to all parties to whom the results of the  testing
are revealed and shall direct the State's Attorney to provide
the  information  to  the  victim  when  possible.  A State's
Attorney may petition the court to obtain the results of  any
HIV  test  administered  under  this   Section, and the court
shall grant the disclosure if the State's Attorney  shows  it
is  relevant  in  order  to  prosecute  a  charge of criminal
transmission of HIV under Section  12-16.2  of  the  Criminal
Code  of  1961  against  the defendant. The court shall order
that the cost of any such test shall be paid  by  the  county
and may be taxed as costs against the convicted defendant.
    (i)  All  fines  and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (j)  In  cases  when  prosecution  for  any  violation of
Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
12-16  of  the  Criminal  Code  of 1961, any violation of the
Illinois Controlled Substances Act, or any violation  of  the
Cannabis  Control Act results in conviction, a disposition of
court supervision, or an order  of  probation  granted  under
Section  10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant,  the  court
shall  determine  whether  the  defendant  is  employed  by a
facility or center as defined under the  Child  Care  Act  of
1969,  a public or private elementary or secondary school, or
otherwise works with children under 18  years  of  age  on  a
daily  basis.   When  a  defendant  is so employed, the court
shall order the Clerk of the Court to  send  a  copy  of  the
judgment  of  conviction or order of supervision or probation
to  the  defendant's  employer  by  certified  mail.  If  the
employer of the defendant is a school, the Clerk of the Court
shall direct the  mailing  of  a  copy  of  the  judgment  of
conviction  or  order  of  supervision  or  probation  to the
appropriate regional superintendent of schools.  The regional
superintendent of schools shall notify  the  State  Board  of
Education of any notification under this subsection.
    (j-5)  A  defendant  at  least  17  years  of  age who is
convicted of  a  felony  and  who  has  not  been  previously
convicted  of a misdemeanor or felony and who is sentenced to
a  term  of  imprisonment  in  the  Illinois  Department   of
Corrections  shall  as  a condition of his or her sentence be
required by the court to attend educational courses  designed
to  prepare  the  defendant  for a high school diploma and to
work toward a high school diploma or to work  toward  passing
the high school level Test of General Educational Development
(GED)  or  to  work  toward  completing a vocational training
program offered by  the  Department  of  Corrections.   If  a
defendant fails to complete the educational training required
by  his or her sentence during the term of incarceration, the
Prisoner Review Board shall,  as  a  condition  of  mandatory
supervised  release, require the defendant, at his or her own
expense, to pursue a course of study  toward  a  high  school
diploma  or  passage  of  the  GED test.  The Prisoner Review
Board shall revoke the  mandatory  supervised  release  of  a
defendant  who  wilfully fails to comply with this subsection
(j-5) upon his or her release from  confinement  in  a  penal
institution  while  serving  a  mandatory  supervised release
term; however, the inability of the defendant after making  a
good  faith  effort  to  obtain  financial aid or pay for the
educational training shall not be deemed a wilful failure  to
comply.    The  Prisoner  Review  Board  shall  recommit  the
defendant whose mandatory supervised release  term  has  been
revoked  under  this  subsection (j-5) as provided in Section
3-3-9.  This subsection (j-5) does not apply to  a  defendant
who  has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
    (k)  A court may not impose a sentence or disposition for
a felony or misdemeanor that requires  the  defendant  to  be
implanted  or  injected  with  or  to  use  any form of birth
control.
    (l) (A)  Except  as  provided   in   paragraph   (C)   of
    subsection  (l), whenever a defendant, who is an alien as
    defined  by  the  Immigration  and  Nationality  Act,  is
    convicted of any felony or misdemeanor offense, the court
    after sentencing the defendant may, upon  motion  of  the
    State's  Attorney,  hold  sentence in abeyance and remand
    the defendant to the custody of the Attorney  General  of
    the  United  States  or his or her designated agent to be
    deported when:
              (1)  a final  order  of  deportation  has  been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and  would  not  be  inconsistent  with  the ends of
         justice.
         Otherwise,  the  defendant  shall  be  sentenced  as
    provided in this Chapter V.
         (B)  If the defendant has already been sentenced for
    a felony or misdemeanor offense, or has  been  placed  on
    probation under Section 10 of the Cannabis Control Act or
    Section  410  of  the Illinois Controlled Substances Act,
    the court may, upon motion of  the  State's  Attorney  to
    suspend the sentence imposed, commit the defendant to the
    custody  of  the Attorney General of the United States or
    his or her designated agent when:
              (1)  a final  order  of  deportation  has  been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and  would  not  be  inconsistent  with  the ends of
         justice.
         (C)  This subsection (l) does not apply to offenders
    who are subject to the provisions  of  paragraph  (2)  of
    subsection (a) of Section 3-6-3.
         (D)  Upon  motion  of  the  State's  Attorney,  if a
    defendant sentenced under this  Section  returns  to  the
    jurisdiction of the United States, the defendant shall be
    recommitted to the custody of the county from which he or
    she  was  sentenced.  Thereafter,  the defendant shall be
    brought before the sentencing court, which may impose any
    sentence that was available under Section  5-5-3  at  the
    time  of  initial sentencing.  In addition, the defendant
    shall not be eligible for additional good conduct  credit
    for meritorious service as provided under Section 3-6-6.
    (m)  A   person   convicted  of  criminal  defacement  of
property under Section 21-1.3 of the Criminal Code  of  1961,
in  which  the  property damage exceeds $300 and the property
damaged is a school building, shall  be  ordered  to  perform
community  service  that  may  include  cleanup,  removal, or
painting over the defacement.
    (n)  The court may  sentence  a  person  convicted  of  a
violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration  program  if  the
person  is  otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as  defined  in  the  Alcoholism  and
Other  Drug  Abuse  and  Dependency  Act,  to  a substance or
alcohol abuse program licensed under that Act.
(Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
7-19-02.)

    Section 25.  The Probate Act of 1975 is amended by adding
Section 2-6.6 as follows:

    (755 ILCS 5/2-6.6 new)
    Sec. 2-6.6.  Person convicted of certain offenses against
the  elderly  or  disabled.    A person who is convicted of a
violation of Section 12-19, 12-21, or 16-1.3 of the  Criminal
Code  of 1961 may not receive any property, benefit, or other
interest by reason  of  the  death  of  the  victim  of  that
offense, whether as heir, legatee, beneficiary, joint tenant,
tenant  by the entirety, survivor, appointee, or in any other
capacity and whether the property, benefit, or other interest
passes  pursuant  to  any   form   of   title   registration,
testamentary   or   nontestamentary   instrument,  intestacy,
renunciation,  or  any  other  circumstance.   The  property,
benefit, or other  interest  shall  pass  as  if  the  person
convicted  of  a violation of Section 12-19, 12-21, or 16-1.3
of the Criminal  Code  of  1961  died  before  the  decedent;
provided  that  with  respect  to  joint  tenancy property or
property held  in  tenancy  by  the  entirety,  the  interest
possessed  prior to the death by the person convicted may not
be  diminished  by   the   application   of   this   Section.
Notwithstanding  the  foregoing,  a  person  convicted  of  a
violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of  1961  shall  be  entitled  to  receive  property,  a
benefit,  or  an  interest  in  any  capacity  and  under any
circumstances described in this Section if it is demonstrated
by clear and convincing evidence  that  the  victim  of  that
offense   knew  of  the  conviction  and  subsequent  to  the
conviction  expressed  or  ratified  his  or  her  intent  to
transfer the property, benefit, or  interest  to  the  person
convicted  of  a violation of Section 12-19, 12-21, or 16-1.3
of the Criminal Code of 1961 in any  manner  contemplated  by
this Section.
    The  holder  of any property subject to the provisions of
this Section is not liable for distributing or releasing  the
property  to the person convicted of violating Section 12-19,
12-21, or 16-1.3 of the Criminal Code of 1961.
    If the holder is a financial institution, trust  company,
trustee, or similar entity or person, the holder shall not be
liable  for  any  distribution  or  release  of the property,
benefit, or other interest  to  the  person  convicted  of  a
violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961  unless  the  holder  knowingly  distributes  or
releases  the  property,  benefit,  or  other interest to the
person  so  convicted  after  first  having  received  actual
written notice of the conviction in sufficient  time  to  act
upon the notice.
    The Department of State Police shall have access to State
of Illinois databases containing information that may help in
the  identification  or  location of persons convicted of the
offenses enumerated in this Section.  Interagency  agreements
shall be implemented, consistent with security and procedures
established  by the State agency and consistent with the laws
governing the  confidentiality  of  the  information  in  the
databases.  Information shall be used only for administration
of this Section.

Effective Date: 01/01/04