100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3866

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/7  from Ch. 23, par. 5007
225 ILCS 10/4.2  from Ch. 23, par. 2214.2
720 ILCS 5/12-5.01  was 720 ILCS 5/12-16.2
725 ILCS 5/115-7  from Ch. 38, par. 115-7
725 ILCS 5/115-7.3
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 2012. Creates the offense of criminal transmission of a sexually transmissible disease. Provides that a person commits criminal transmission of a sexually transmissible disease when he or she, knowing that he or she is infected with a sexually transmissible disease, other than HIV, engages in sexual activity with another without the use of a condom knowing that he or she is infected with a sexually transmissible disease, other than HIV. Provides that a violation is a Class B misdemeanor. Defines "sexually transmissible disease". Amends the Children and Family Services Act, the Child Care Act of 1969, the Code of Criminal Procedure of 1963, and the Unified Code of Corrections to make conforming changes.


LRB100 06243 RLC 20326 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3866LRB100 06243 RLC 20326 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 7 as follows:
 
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief as
11the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may

 

 

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1place a child with a relative if the Department determines that
2the relative will be able to adequately provide for the child's
3safety and welfare based on the factors set forth in the
4Department's rules governing relative placements, and that the
5placement is consistent with the child's best interests, taking
6into consideration the factors set out in subsection (4.05) of
7Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify, locate, and provide notice to
11all adult grandparents and other adult relatives of the child
12who are ready, willing, and able to care for the child. At a
13minimum, these efforts shall be renewed each time the child
14requires a placement change and it is appropriate for the child
15to be cared for in a home environment. The Department must
16document its efforts to identify, locate, and provide notice to
17such potential relative placements and maintain the
18documentation in the child's case file.
19    If the Department determines that a placement with any
20identified relative is not in the child's best interests or
21that the relative does not meet the requirements to be a
22relative caregiver, as set forth in Department rules or by
23statute, the Department must document the basis for that
24decision and maintain the documentation in the child's case
25file.
26    If, pursuant to the Department's rules, any person files an

 

 

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1administrative appeal of the Department's decision not to place
2a child with a relative, it is the Department's burden to prove
3that the decision is consistent with the child's best
4interests.
5    When the Department determines that the child requires
6placement in an environment, other than a home environment, the
7Department shall continue to make reasonable efforts to
8identify and locate relatives to serve as visitation resources
9for the child and potential future placement resources, except
10when the Department determines that those efforts would be
11futile or inconsistent with the child's best interests.
12    If the Department determines that efforts to identify and
13locate relatives would be futile or inconsistent with the
14child's best interests, the Department shall document the basis
15of its determination and maintain the documentation in the
16child's case file.
17    If the Department determines that an individual or a group
18of relatives are inappropriate to serve as visitation resources
19or possible placement resources, the Department shall document
20the basis of its determination and maintain the documentation
21in the child's case file.
22    When the Department determines that an individual or a
23group of relatives are appropriate to serve as visitation
24resources or possible future placement resources, the
25Department shall document the basis of its determination,
26maintain the documentation in the child's case file, create a

 

 

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1visitation or transition plan, or both, and incorporate the
2visitation or transition plan, or both, into the child's case
3plan. For the purpose of this subsection, any determination as
4to the child's best interests shall include consideration of
5the factors set out in subsection (4.05) of Section 1-3 of the
6Juvenile Court Act of 1987.
7    The Department may not place a child with a relative, with
8the exception of certain circumstances which may be waived as
9defined by the Department in rules, if the results of a check
10of the Law Enforcement Agencies Data System (LEADS) identifies
11a prior criminal conviction of the relative or any adult member
12of the relative's household for any of the following offenses
13under the Criminal Code of 1961 or the Criminal Code of 2012:
14        (1) murder;
15        (1.1) solicitation of murder;
16        (1.2) solicitation of murder for hire;
17        (1.3) intentional homicide of an unborn child;
18        (1.4) voluntary manslaughter of an unborn child;
19        (1.5) involuntary manslaughter;
20        (1.6) reckless homicide;
21        (1.7) concealment of a homicidal death;
22        (1.8) involuntary manslaughter of an unborn child;
23        (1.9) reckless homicide of an unborn child;
24        (1.10) drug-induced homicide;
25        (2) a sex offense under Article 11, except offenses
26    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

 

 

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1    11-40, and 11-45;
2        (3) kidnapping;
3        (3.1) aggravated unlawful restraint;
4        (3.2) forcible detention;
5        (3.3) aiding and abetting child abduction;
6        (4) aggravated kidnapping;
7        (5) child abduction;
8        (6) aggravated battery of a child as described in
9    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
10        (7) criminal sexual assault;
11        (8) aggravated criminal sexual assault;
12        (8.1) predatory criminal sexual assault of a child;
13        (9) criminal sexual abuse;
14        (10) aggravated sexual abuse;
15        (11) heinous battery as described in Section 12-4.1 or
16    subdivision (a)(2) of Section 12-3.05;
17        (12) aggravated battery with a firearm as described in
18    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
19    (e)(4) of Section 12-3.05;
20        (13) tampering with food, drugs, or cosmetics;
21        (14) drug-induced infliction of great bodily harm as
22    described in Section 12-4.7 or subdivision (g)(1) of
23    Section 12-3.05;
24        (15) aggravated stalking;
25        (16) home invasion;
26        (17) vehicular invasion;

 

 

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1        (18) criminal transmission of HIV;
2        (18.1) criminal transmission of a sexually
3    transmissible disease;
4        (19) criminal abuse or neglect of an elderly person or
5    person with a disability as described in Section 12-21 or
6    subsection (b) of Section 12-4.4a;
7        (20) child abandonment;
8        (21) endangering the life or health of a child;
9        (22) ritual mutilation;
10        (23) ritualized abuse of a child;
11        (24) an offense in any other state the elements of
12    which are similar and bear a substantial relationship to
13    any of the foregoing offenses.
14    For the purpose of this subsection, "relative" shall
15include any person, 21 years of age or over, other than the
16parent, who (i) is currently related to the child in any of the
17following ways by blood or adoption: grandparent, sibling,
18great-grandparent, uncle, aunt, nephew, niece, first cousin,
19second cousin, godparent, great-uncle, or great-aunt; or (ii)
20is the spouse of such a relative; or (iii) is the child's
21step-father, step-mother, or adult step-brother or
22step-sister; or (iv) is a fictive kin; "relative" also includes
23a person related in any of the foregoing ways to a sibling of a
24child, even though the person is not related to the child, when
25the child and its sibling are placed together with that person.
26For children who have been in the guardianship of the

 

 

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1Department, have been adopted, and are subsequently returned to
2the temporary custody or guardianship of the Department, a
3"relative" may also include any person who would have qualified
4as a relative under this paragraph prior to the adoption, but
5only if the Department determines, and documents, that it would
6be in the child's best interests to consider this person a
7relative, based upon the factors for determining best interests
8set forth in subsection (4.05) of Section 1-3 of the Juvenile
9Court Act of 1987. A relative with whom a child is placed
10pursuant to this subsection may, but is not required to, apply
11for licensure as a foster family home pursuant to the Child
12Care Act of 1969; provided, however, that as of July 1, 1995,
13foster care payments shall be made only to licensed foster
14family homes pursuant to the terms of Section 5 of this Act.
15    Notwithstanding any other provision under this subsection
16to the contrary, a fictive kin with whom a child is placed
17pursuant to this subsection shall apply for licensure as a
18foster family home pursuant to the Child Care Act of 1969
19within 6 months of the child's placement with the fictive kin.
20The Department shall not remove a child from the home of a
21fictive kin on the basis that the fictive kin fails to apply
22for licensure within 6 months of the child's placement with the
23fictive kin, or fails to meet the standard for licensure. All
24other requirements established under the rules and procedures
25of the Department concerning the placement of a child, for whom
26the Department is legally responsible, with a relative shall

 

 

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1apply. By June 1, 2015, the Department shall promulgate rules
2establishing criteria and standards for placement,
3identification, and licensure of fictive kin.
4    For purposes of this subsection, "fictive kin" means any
5individual, unrelated by birth or marriage, who:
6        (i) is shown to have close personal or emotional ties
7    with the child or the child's family prior to the child's
8    placement with the individual; or
9        (ii) is the current foster parent of a child in the
10    custody or guardianship of the Department pursuant to this
11    Act and the Juvenile Court Act of 1987, if the child has
12    been placed in the home for at least one year and has
13    established a significant and family-like relationship
14    with the foster parent, and the foster parent has been
15    identified by the Department as the child's permanent
16    connection, as defined by Department rule.
17    The provisions added to this subsection (b) by Public Act
1898-846 shall become operative on and after June 1, 2015.
19    (c) In placing a child under this Act, the Department shall
20ensure that the child's health, safety, and best interests are
21met. In rejecting placement of a child with an identified
22relative, the Department shall ensure that the child's health,
23safety, and best interests are met. In evaluating the best
24interests of the child, the Department shall take into
25consideration the factors set forth in subsection (4.05) of
26Section 1-3 of the Juvenile Court Act of 1987.

 

 

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1    The Department shall consider the individual needs of the
2child and the capacity of the prospective foster or adoptive
3parents to meet the needs of the child. When a child must be
4placed outside his or her home and cannot be immediately
5returned to his or her parents or guardian, a comprehensive,
6individualized assessment shall be performed of that child at
7which time the needs of the child shall be determined. Only if
8race, color, or national origin is identified as a legitimate
9factor in advancing the child's best interests shall it be
10considered. Race, color, or national origin shall not be
11routinely considered in making a placement decision. The
12Department shall make special efforts for the diligent
13recruitment of potential foster and adoptive families that
14reflect the ethnic and racial diversity of the children for
15whom foster and adoptive homes are needed. "Special efforts"
16shall include contacting and working with community
17organizations and religious organizations and may include
18contracting with those organizations, utilizing local media
19and other local resources, and conducting outreach activities.
20    (c-1) At the time of placement, the Department shall
21consider concurrent planning, as described in subsection (l-1)
22of Section 5, so that permanency may occur at the earliest
23opportunity. Consideration should be given so that if
24reunification fails or is delayed, the placement made is the
25best available placement to provide permanency for the child.
26To the extent that doing so is in the child's best interests as

 

 

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1set forth in subsection (4.05) of Section 1-3 of the Juvenile
2Court Act of 1987, the Department should consider placements
3that will permit the child to maintain a meaningful
4relationship with his or her parents.
5    (d) The Department may accept gifts, grants, offers of
6services, and other contributions to use in making special
7recruitment efforts.
8    (e) The Department in placing children in adoptive or
9foster care homes may not, in any policy or practice relating
10to the placement of children for adoption or foster care,
11discriminate against any child or prospective adoptive or
12foster parent on the basis of race.
13(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;
1499-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff.
151-1-17.)
 
16    Section 10. The Child Care Act of 1969 is amended by
17changing Section 4.2 as follows:
 
18    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
19    Sec. 4.2. (a) No applicant may receive a license from the
20Department and no person may be employed by a licensed child
21care facility who refuses to authorize an investigation as
22required by Section 4.1.
23    (b) In addition to the other provisions of this Section, no
24applicant may receive a license from the Department and no

 

 

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1person may be employed by a child care facility licensed by the
2Department who has been declared a sexually dangerous person
3under "An Act in relation to sexually dangerous persons, and
4providing for their commitment, detention and supervision",
5approved July 6, 1938, as amended, or convicted of committing
6or attempting to commit any of the following offenses
7stipulated under the Criminal Code of 1961 or the Criminal Code
8of 2012:
9        (1) murder;
10        (1.1) solicitation of murder;
11        (1.2) solicitation of murder for hire;
12        (1.3) intentional homicide of an unborn child;
13        (1.4) voluntary manslaughter of an unborn child;
14        (1.5) involuntary manslaughter;
15        (1.6) reckless homicide;
16        (1.7) concealment of a homicidal death;
17        (1.8) involuntary manslaughter of an unborn child;
18        (1.9) reckless homicide of an unborn child;
19        (1.10) drug-induced homicide;
20        (2) a sex offense under Article 11, except offenses
21    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
22    11-40, and 11-45;
23        (3) kidnapping;
24        (3.1) aggravated unlawful restraint;
25        (3.2) forcible detention;
26        (3.3) harboring a runaway;

 

 

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1        (3.4) aiding and abetting child abduction;
2        (4) aggravated kidnapping;
3        (5) child abduction;
4        (6) aggravated battery of a child as described in
5    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
6        (7) criminal sexual assault;
7        (8) aggravated criminal sexual assault;
8        (8.1) predatory criminal sexual assault of a child;
9        (9) criminal sexual abuse;
10        (10) aggravated sexual abuse;
11        (11) heinous battery as described in Section 12-4.1 or
12    subdivision (a)(2) of Section 12-3.05;
13        (12) aggravated battery with a firearm as described in
14    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
15    (e)(4) of Section 12-3.05;
16        (13) tampering with food, drugs, or cosmetics;
17        (14) drug induced infliction of great bodily harm as
18    described in Section 12-4.7 or subdivision (g)(1) of
19    Section 12-3.05;
20        (15) hate crime;
21        (16) stalking;
22        (17) aggravated stalking;
23        (18) threatening public officials;
24        (19) home invasion;
25        (20) vehicular invasion;
26        (21) criminal transmission of HIV;

 

 

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1        (21.1) criminal transmission of a sexually
2    transmissible disease;
3        (22) criminal abuse or neglect of an elderly person or
4    person with a disability as described in Section 12-21 or
5    subsection (e) of Section 12-4.4a;
6        (23) child abandonment;
7        (24) endangering the life or health of a child;
8        (25) ritual mutilation;
9        (26) ritualized abuse of a child;
10        (27) an offense in any other jurisdiction the elements
11    of which are similar and bear a substantial relationship to
12    any of the foregoing offenses.
13    (b-1) In addition to the other provisions of this Section,
14beginning January 1, 2004, no new applicant and, on the date of
15licensure renewal, no current licensee may operate or receive a
16license from the Department to operate, no person may be
17employed by, and no adult person may reside in a child care
18facility licensed by the Department who has been convicted of
19committing or attempting to commit any of the following
20offenses or an offense in any other jurisdiction the elements
21of which are similar and bear a substantial relationship to any
22of the following offenses:
 
23
(I) BODILY HARM

 
24        (1) Felony aggravated assault.

 

 

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1        (2) Vehicular endangerment.
2        (3) Felony domestic battery.
3        (4) Aggravated battery.
4        (5) Heinous battery.
5        (6) Aggravated battery with a firearm.
6        (7) Aggravated battery of an unborn child.
7        (8) Aggravated battery of a senior citizen.
8        (9) Intimidation.
9        (10) Compelling organization membership of persons.
10        (11) Abuse and criminal neglect of a long term care
11    facility resident.
12        (12) Felony violation of an order of protection.
 
13
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
14        (1) Felony unlawful use of weapons.
15        (2) Aggravated discharge of a firearm.
16        (3) Reckless discharge of a firearm.
17        (4) Unlawful use of metal piercing bullets.
18        (5) Unlawful sale or delivery of firearms on the
19    premises of any school.
20        (6) Disarming a police officer.
21        (7) Obstructing justice.
22        (8) Concealing or aiding a fugitive.
23        (9) Armed violence.
24        (10) Felony contributing to the criminal delinquency

 

 

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1    of a juvenile.
 
2
(III) DRUG OFFENSES

 
3        (1) Possession of more than 30 grams of cannabis.
4        (2) Manufacture of more than 10 grams of cannabis.
5        (3) Cannabis trafficking.
6        (4) Delivery of cannabis on school grounds.
7        (5) Unauthorized production of more than 5 cannabis
8    sativa plants.
9        (6) Calculated criminal cannabis conspiracy.
10        (7) Unauthorized manufacture or delivery of controlled
11    substances.
12        (8) Controlled substance trafficking.
13        (9) Manufacture, distribution, or advertisement of
14    look-alike substances.
15        (10) Calculated criminal drug conspiracy.
16        (11) Street gang criminal drug conspiracy.
17        (12) Permitting unlawful use of a building.
18        (13) Delivery of controlled, counterfeit, or
19    look-alike substances to persons under age 18, or at truck
20    stops, rest stops, or safety rest areas, or on school
21    property.
22        (14) Using, engaging, or employing persons under 18 to
23    deliver controlled, counterfeit, or look-alike substances.
24        (15) Delivery of controlled substances.

 

 

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1        (16) Sale or delivery of drug paraphernalia.
2        (17) Felony possession, sale, or exchange of
3    instruments adapted for use of a controlled substance,
4    methamphetamine, or cannabis by subcutaneous injection.
5        (18) Felony possession of a controlled substance.
6        (19) Any violation of the Methamphetamine Control and
7    Community Protection Act.
8    (b-1.5) In addition to any other provision of this Section,
9for applicants with access to confidential financial
10information or who submit documentation to support billing, no
11applicant whose initial application was considered after the
12effective date of this amendatory Act of the 97th General
13Assembly may receive a license from the Department or a child
14care facility licensed by the Department who has been convicted
15of committing or attempting to commit any of the following
16felony offenses:
17        (1) financial institution fraud under Section 17-10.6
18    of the Criminal Code of 1961 or the Criminal Code of 2012;
19        (2) identity theft under Section 16-30 of the Criminal
20    Code of 1961 or the Criminal Code of 2012;
21        (3) financial exploitation of an elderly person or a
22    person with a disability under Section 17-56 of the
23    Criminal Code of 1961 or the Criminal Code of 2012;
24        (4) computer tampering under Section 17-51 of the
25    Criminal Code of 1961 or the Criminal Code of 2012;
26        (5) aggravated computer tampering under Section 17-52

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012;
2        (6) computer fraud under Section 17-50 of the Criminal
3    Code of 1961 or the Criminal Code of 2012;
4        (7) deceptive practices under Section 17-1 of the
5    Criminal Code of 1961 or the Criminal Code of 2012;
6        (8) forgery under Section 17-3 of the Criminal Code of
7    1961 or the Criminal Code of 2012;
8        (9) State benefits fraud under Section 17-6 of the
9    Criminal Code of 1961 or the Criminal Code of 2012;
10        (10) mail fraud and wire fraud under Section 17-24 of
11    the Criminal Code of 1961 or the Criminal Code of 2012;
12        (11) theft under paragraphs (1.1) through (11) of
13    subsection (b) of Section 16-1 of the Criminal Code of 1961
14    or the Criminal Code of 2012.
15    (b-2) Notwithstanding subsection (b-1), the Department may
16make an exception and, for child care facilities other than
17foster family homes, issue a new child care facility license to
18or renew the existing child care facility license of an
19applicant, a person employed by a child care facility, or an
20applicant who has an adult residing in a home child care
21facility who was convicted of an offense described in
22subsection (b-1), provided that all of the following
23requirements are met:
24        (1) The relevant criminal offense occurred more than 5
25    years prior to the date of application or renewal, except
26    for drug offenses. The relevant drug offense must have

 

 

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1    occurred more than 10 years prior to the date of
2    application or renewal, unless the applicant passed a drug
3    test, arranged and paid for by the child care facility, no
4    less than 5 years after the offense.
5        (2) The Department must conduct a background check and
6    assess all convictions and recommendations of the child
7    care facility to determine if hiring or licensing the
8    applicant is in accordance with Department administrative
9    rules and procedures.
10        (3) The applicant meets all other requirements and
11    qualifications to be licensed as the pertinent type of
12    child care facility under this Act and the Department's
13    administrative rules.
14    (c) In addition to the other provisions of this Section, no
15applicant may receive a license from the Department to operate
16a foster family home, and no adult person may reside in a
17foster family home licensed by the Department, who has been
18convicted of committing or attempting to commit any of the
19following offenses stipulated under the Criminal Code of 1961,
20the Criminal Code of 2012, the Cannabis Control Act, the
21Methamphetamine Control and Community Protection Act, and the
22Illinois Controlled Substances Act:
 
23
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
24    (A) KIDNAPPING AND RELATED OFFENSES

 

 

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1        (1) Unlawful restraint.
 
2    (B) BODILY HARM
3        (2) Felony aggravated assault.
4        (3) Vehicular endangerment.
5        (4) Felony domestic battery.
6        (5) Aggravated battery.
7        (6) Heinous battery.
8        (7) Aggravated battery with a firearm.
9        (8) Aggravated battery of an unborn child.
10        (9) Aggravated battery of a senior citizen.
11        (10) Intimidation.
12        (11) Compelling organization membership of persons.
13        (12) Abuse and criminal neglect of a long term care
14    facility resident.
15        (13) Felony violation of an order of protection.
 
16
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
17        (14) Felony theft.
18        (15) Robbery.
19        (16) Armed robbery.
20        (17) Aggravated robbery.
21        (18) Vehicular hijacking.
22        (19) Aggravated vehicular hijacking.
23        (20) Burglary.

 

 

HB3866- 20 -LRB100 06243 RLC 20326 b

1        (21) Possession of burglary tools.
2        (22) Residential burglary.
3        (23) Criminal fortification of a residence or
4    building.
5        (24) Arson.
6        (25) Aggravated arson.
7        (26) Possession of explosive or explosive incendiary
8    devices.
 
9
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
10        (27) Felony unlawful use of weapons.
11        (28) Aggravated discharge of a firearm.
12        (29) Reckless discharge of a firearm.
13        (30) Unlawful use of metal piercing bullets.
14        (31) Unlawful sale or delivery of firearms on the
15    premises of any school.
16        (32) Disarming a police officer.
17        (33) Obstructing justice.
18        (34) Concealing or aiding a fugitive.
19        (35) Armed violence.
20        (36) Felony contributing to the criminal delinquency
21    of a juvenile.
 
22
(IV) DRUG OFFENSES

 

 

 

HB3866- 21 -LRB100 06243 RLC 20326 b

1        (37) Possession of more than 30 grams of cannabis.
2        (38) Manufacture of more than 10 grams of cannabis.
3        (39) Cannabis trafficking.
4        (40) Delivery of cannabis on school grounds.
5        (41) Unauthorized production of more than 5 cannabis
6    sativa plants.
7        (42) Calculated criminal cannabis conspiracy.
8        (43) Unauthorized manufacture or delivery of
9    controlled substances.
10        (44) Controlled substance trafficking.
11        (45) Manufacture, distribution, or advertisement of
12    look-alike substances.
13        (46) Calculated criminal drug conspiracy.
14        (46.5) Streetgang criminal drug conspiracy.
15        (47) Permitting unlawful use of a building.
16        (48) Delivery of controlled, counterfeit, or
17    look-alike substances to persons under age 18, or at truck
18    stops, rest stops, or safety rest areas, or on school
19    property.
20        (49) Using, engaging, or employing persons under 18 to
21    deliver controlled, counterfeit, or look-alike substances.
22        (50) Delivery of controlled substances.
23        (51) Sale or delivery of drug paraphernalia.
24        (52) Felony possession, sale, or exchange of
25    instruments adapted for use of a controlled substance,
26    methamphetamine, or cannabis by subcutaneous injection.

 

 

HB3866- 22 -LRB100 06243 RLC 20326 b

1        (53) Any violation of the Methamphetamine Control and
2    Community Protection Act.
3    (d) Notwithstanding subsection (c), the Department may
4make an exception and issue a new foster family home license or
5may renew an existing foster family home license of an
6applicant who was convicted of an offense described in
7subsection (c), provided all of the following requirements are
8met:
9        (1) The relevant criminal offense or offenses occurred
10    more than 10 years prior to the date of application or
11    renewal.
12        (2) The applicant had previously disclosed the
13    conviction or convictions to the Department for purposes of
14    a background check.
15        (3) After the disclosure, the Department either placed
16    a child in the home or the foster family home license was
17    issued.
18        (4) During the background check, the Department had
19    assessed and waived the conviction in compliance with the
20    existing statutes and rules in effect at the time of the
21    hire or licensure.
22        (5) The applicant meets all other requirements and
23    qualifications to be licensed as a foster family home under
24    this Act and the Department's administrative rules.
25        (6) The applicant has a history of providing a safe,
26    stable home environment and appears able to continue to

 

 

HB3866- 23 -LRB100 06243 RLC 20326 b

1    provide a safe, stable home environment.
2    (e) In evaluating the exception pursuant to subsections
3(b-2) and (d), the Department must carefully review any
4relevant documents to determine whether the applicant, despite
5the disqualifying convictions, poses a substantial risk to
6State resources or clients. In making such a determination, the
7following guidelines shall be used:
8        (1) the age of the applicant when the offense was
9    committed;
10        (2) the circumstances surrounding the offense;
11        (3) the length of time since the conviction;
12        (4) the specific duties and responsibilities
13    necessarily related to the license being applied for and
14    the bearing, if any, that the applicant's conviction
15    history may have on his or her fitness to perform these
16    duties and responsibilities;
17        (5) the applicant's employment references;
18        (6) the applicant's character references and any
19    certificates of achievement;
20        (7) an academic transcript showing educational
21    attainment since the disqualifying conviction;
22        (8) a Certificate of Relief from Disabilities or
23    Certificate of Good Conduct; and
24        (9) anything else that speaks to the applicant's
25    character.
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

HB3866- 24 -LRB100 06243 RLC 20326 b

1    Section 15. The Criminal Code of 2012 is amended by
2changing Section 12-5.01 as follows:
 
3    (720 ILCS 5/12-5.01)  (was 720 ILCS 5/12-16.2)
4    Sec. 12-5.01. Criminal transmission of HIV; criminal
5transmission of a sexually transmissible disease.
6    (a) A person commits criminal transmission of HIV when he
7or she, with the specific intent to commit the offense:
8        (1) engages in sexual activity with another without the
9    use of a condom knowing that he or she is infected with
10    HIV;
11        (2) transfers, donates, or provides his or her blood,
12    tissue, semen, organs, or other potentially infectious
13    body fluids for transfusion, transplantation,
14    insemination, or other administration to another knowing
15    that he or she is infected with HIV; or
16        (3) dispenses, delivers, exchanges, sells, or in any
17    other way transfers to another any nonsterile intravenous
18    or intramuscular drug paraphernalia knowing that he or she
19    is infected with HIV.
20    (a-5) A person commits criminal transmission of a sexually
21transmissible disease when he or she, knowing that he or she is
22infected with a sexually transmissible disease, other than HIV,
23engages in sexual activity with another without the use of a
24condom knowing that he or she is infected with a sexually

 

 

HB3866- 25 -LRB100 06243 RLC 20326 b

1transmissible disease, other than HIV.
2    (b) For purposes of this Section:
3    "HIV" means the human immunodeficiency virus or any other
4identified causative agent of acquired immunodeficiency
5syndrome.
6    "Sexual activity" means the insertive vaginal or anal
7intercourse on the part of an infected male, receptive
8consensual vaginal intercourse on the part of an infected woman
9with a male partner, or receptive consensual anal intercourse
10on the part of an infected man or woman with a male partner.
11    "Intravenous or intramuscular drug paraphernalia" means
12any equipment, product, or material of any kind which is
13peculiar to and marketed for use in injecting a substance into
14the human body.
15    "Sexual activity" means the insertive vaginal or anal
16intercourse on the part of an infected male, receptive
17consensual vaginal intercourse on the part of an infected woman
18with a male partner, or receptive consensual anal intercourse
19on the part of an infected man or woman with a male partner.
20    "Sexually transmissible disease" has the meaning ascribed
21to it in paragraph (3) of Section 3 of the Illinois Sexually
22Transmissible Disease Control Act.
23    (c) Nothing in this Section shall be construed to require
24that an infection with a sexually transmissible disease HIV has
25occurred in order for a person to have committed an offense
26under this Section criminal transmission of HIV.

 

 

HB3866- 26 -LRB100 06243 RLC 20326 b

1    (d) It shall be an affirmative defense that the person
2exposed knew that the infected person was infected with a
3sexually transmissible disease HIV, knew that the action could
4result in infection with a sexually transmissible disease HIV,
5and consented to the action with that knowledge.
6    (d-5) A court, upon a finding of reasonable suspicion that
7an individual has committed the crime of criminal transmission
8of HIV or criminal transmission of a sexually transmissible
9disease, shall order the production of records of a person
10accused of the offense of criminal transmission of HIV or
11criminal transmission of a sexually transmissible disease or
12the attendance of a person with relevant knowledge thereof so
13long as the return of the records or attendance of the person
14pursuant to the subpoena is submitted initially to the court
15for an in camera inspection. Only upon a finding by the court
16that the records or proffered testimony are relevant to the
17pending offense, the information produced pursuant to the
18court's order shall be disclosed to the prosecuting entity and
19admissible if otherwise permitted by law.
20    (e) Sentence. A person who commits criminal transmission of
21a sexually transmissible disease commits a Class B misdemeanor.
22A person who commits criminal transmission of HIV commits a
23Class 2 felony.
24(Source: P.A. 96-1551, eff. 7-1-11; 97-1046, eff. 8-21-12.)
 
25    Section 20. The Code of Criminal Procedure of 1963 is

 

 

HB3866- 27 -LRB100 06243 RLC 20326 b

1amended by changing Sections 115-7 and 115-7.3 as follows:
 
2    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
3    Sec. 115-7. a. In prosecutions for predatory criminal
4sexual assault of a child, aggravated criminal sexual assault,
5criminal sexual assault, aggravated criminal sexual abuse,
6criminal sexual abuse, or criminal transmission of HIV, or
7criminal transmission of a sexually transmissible disease; and
8in prosecutions for battery and aggravated battery, when the
9commission of the offense involves sexual penetration or sexual
10conduct as defined in Section 11-0.1 of the Criminal Code of
112012; and with the trial or retrial of the offenses formerly
12known as rape, deviate sexual assault, indecent liberties with
13a child, and aggravated indecent liberties with a child, the
14prior sexual activity or the reputation of the alleged victim
15or corroborating witness under Section 115-7.3 of this Code is
16inadmissible except (1) as evidence concerning the past sexual
17conduct of the alleged victim or corroborating witness under
18Section 115-7.3 of this Code with the accused when this
19evidence is offered by the accused upon the issue of whether
20the alleged victim or corroborating witness under Section
21115-7.3 of this Code consented to the sexual conduct with
22respect to which the offense is alleged; or (2) when
23constitutionally required to be admitted.
24    b. No evidence admissible under this Section shall be
25introduced unless ruled admissible by the trial judge after an

 

 

HB3866- 28 -LRB100 06243 RLC 20326 b

1offer of proof has been made at a hearing to be held in camera
2in order to determine whether the defense has evidence to
3impeach the witness in the event that prior sexual activity
4with the defendant is denied. Such offer of proof shall include
5reasonably specific information as to the date, time and place
6of the past sexual conduct between the alleged victim or
7corroborating witness under Section 115-7.3 of this Code and
8the defendant. Unless the court finds that reasonably specific
9information as to date, time or place, or some combination
10thereof, has been offered as to prior sexual activity with the
11defendant, counsel for the defendant shall be ordered to
12refrain from inquiring into prior sexual activity between the
13alleged victim or corroborating witness under Section 115-7.3
14of this Code and the defendant. The court shall not admit
15evidence under this Section unless it determines at the hearing
16that the evidence is relevant and the probative value of the
17evidence outweighs the danger of unfair prejudice. The evidence
18shall be admissible at trial to the extent an order made by the
19court specifies the evidence that may be admitted and areas
20with respect to which the alleged victim or corroborating
21witness under Section 115-7.3 of this Code may be examined or
22cross examined.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
24    (725 ILCS 5/115-7.3)
25    Sec. 115-7.3. Evidence in certain cases.

 

 

HB3866- 29 -LRB100 06243 RLC 20326 b

1    (a) This Section applies to criminal cases in which:
2        (1) the defendant is accused of predatory criminal
3    sexual assault of a child, aggravated criminal sexual
4    assault, criminal sexual assault, aggravated criminal
5    sexual abuse, criminal sexual abuse, child pornography,
6    aggravated child pornography, criminal transmission of
7    HIV, criminal transmission of a sexually transmissible
8    disease, or child abduction as defined in paragraph (10) of
9    subsection (b) of Section 10-5 of the Criminal Code of 1961
10    or the Criminal Code of 2012;
11        (2) the defendant is accused of battery, aggravated
12    battery, first degree murder, or second degree murder when
13    the commission of the offense involves sexual penetration
14    or sexual conduct as defined in Section 11-0.1 of the
15    Criminal Code of 2012; or
16        (3) the defendant is tried or retried for any of the
17    offenses formerly known as rape, deviate sexual assault,
18    indecent liberties with a child, or aggravated indecent
19    liberties with a child.
20    (b) If the defendant is accused of an offense set forth in
21paragraph (1) or (2) of subsection (a) or the defendant is
22tried or retried for any of the offenses set forth in paragraph
23(3) of subsection (a), evidence of the defendant's commission
24of another offense or offenses set forth in paragraph (1), (2),
25or (3) of subsection (a), or evidence to rebut that proof or an
26inference from that proof, may be admissible (if that evidence

 

 

HB3866- 30 -LRB100 06243 RLC 20326 b

1is otherwise admissible under the rules of evidence) and may be
2considered for its bearing on any matter to which it is
3relevant.
4    (c) In weighing the probative value of the evidence against
5undue prejudice to the defendant, the court may consider:
6        (1) the proximity in time to the charged or predicate
7    offense;
8        (2) the degree of factual similarity to the charged or
9    predicate offense; or
10        (3) other relevant facts and circumstances.
11    (d) In a criminal case in which the prosecution intends to
12offer evidence under this Section, it must disclose the
13evidence, including statements of witnesses or a summary of the
14substance of any testimony, at a reasonable time in advance of
15trial, or during trial if the court excuses pretrial notice on
16good cause shown.
17    (e) In a criminal case in which evidence is offered under
18this Section, proof may be made by specific instances of
19conduct, testimony as to reputation, or testimony in the form
20of an expert opinion, except that the prosecution may offer
21reputation testimony only after the opposing party has offered
22that testimony.
23    (f) In prosecutions for a violation of Section 10-2,
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
2512-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
26Code of 1961 or the Criminal Code of 2012, involving the

 

 

HB3866- 31 -LRB100 06243 RLC 20326 b

1involuntary delivery of a controlled substance to a victim, no
2inference may be made about the fact that a victim did not
3consent to a test for the presence of controlled substances.
4(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
598-160, eff. 1-1-14.)
 
6    Section 25. The Unified Code of Corrections is amended by
7changing Section 5-5-3 as follows:
 
8    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
9    Sec. 5-5-3. Disposition.
10    (a) (Blank).
11    (b) (Blank).
12    (c) (1) (Blank).
13    (2) A period of probation, a term of periodic imprisonment
14or conditional discharge shall not be imposed for the following
15offenses. The court shall sentence the offender to not less
16than the minimum term of imprisonment set forth in this Code
17for the following offenses, and may order a fine or restitution
18or both in conjunction with such term of imprisonment:
19        (A) First degree murder where the death penalty is not
20    imposed.
21        (B) Attempted first degree murder.
22        (C) A Class X felony.
23        (D) A violation of Section 401.1 or 407 of the Illinois
24    Controlled Substances Act, or a violation of subdivision

 

 

HB3866- 32 -LRB100 06243 RLC 20326 b

1    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
2    to more than 5 grams of a substance containing cocaine,
3    fentanyl, or an analog thereof.
4        (D-5) A violation of subdivision (c)(1) of Section 401
5    of the Illinois Controlled Substances Act which relates to
6    3 or more grams of a substance containing heroin or an
7    analog thereof.
8        (E) A violation of Section 5.1 or 9 of the Cannabis
9    Control Act.
10        (F) A Class 2 or greater felony if the offender had
11    been convicted of a Class 2 or greater felony, including
12    any state or federal conviction for an offense that
13    contained, at the time it was committed, the same elements
14    as an offense now (the date of the offense committed after
15    the prior Class 2 or greater felony) classified as a Class
16    2 or greater felony, within 10 years of the date on which
17    the offender committed the offense for which he or she is
18    being sentenced, except as otherwise provided in Section
19    40-10 of the Alcoholism and Other Drug Abuse and Dependency
20    Act.
21        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
22    the Criminal Code of 1961 or the Criminal Code of 2012 for
23    which imprisonment is prescribed in those Sections.
24        (G) Residential burglary, except as otherwise provided
25    in Section 40-10 of the Alcoholism and Other Drug Abuse and
26    Dependency Act.

 

 

HB3866- 33 -LRB100 06243 RLC 20326 b

1        (H) Criminal sexual assault.
2        (I) Aggravated battery of a senior citizen as described
3    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
4    of the Criminal Code of 1961 or the Criminal Code of 2012.
5        (J) A forcible felony if the offense was related to the
6    activities of an organized gang.
7        Before July 1, 1994, for the purposes of this
8    paragraph, "organized gang" means an association of 5 or
9    more persons, with an established hierarchy, that
10    encourages members of the association to perpetrate crimes
11    or provides support to the members of the association who
12    do commit crimes.
13        Beginning July 1, 1994, for the purposes of this
14    paragraph, "organized gang" has the meaning ascribed to it
15    in Section 10 of the Illinois Streetgang Terrorism Omnibus
16    Prevention Act.
17        (K) Vehicular hijacking.
18        (L) A second or subsequent conviction for the offense
19    of hate crime when the underlying offense upon which the
20    hate crime is based is felony aggravated assault or felony
21    mob action.
22        (M) A second or subsequent conviction for the offense
23    of institutional vandalism if the damage to the property
24    exceeds $300.
25        (N) A Class 3 felony violation of paragraph (1) of
26    subsection (a) of Section 2 of the Firearm Owners

 

 

HB3866- 34 -LRB100 06243 RLC 20326 b

1    Identification Card Act.
2        (O) A violation of Section 12-6.1 or 12-6.5 of the
3    Criminal Code of 1961 or the Criminal Code of 2012.
4        (P) A violation of paragraph (1), (2), (3), (4), (5),
5    or (7) of subsection (a) of Section 11-20.1 of the Criminal
6    Code of 1961 or the Criminal Code of 2012.
7        (Q) A violation of subsection (b) or (b-5) of Section
8    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10        (R) A violation of Section 24-3A of the Criminal Code
11    of 1961 or the Criminal Code of 2012.
12        (S) (Blank).
13        (T) A second or subsequent violation of the
14    Methamphetamine Control and Community Protection Act.
15        (U) A second or subsequent violation of Section 6-303
16    of the Illinois Vehicle Code committed while his or her
17    driver's license, permit, or privilege was revoked because
18    of a violation of Section 9-3 of the Criminal Code of 1961
19    or the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a similar provision of a law of
21    another state.
22        (V) A violation of paragraph (4) of subsection (c) of
23    Section 11-20.1B or paragraph (4) of subsection (c) of
24    Section 11-20.3 of the Criminal Code of 1961, or paragraph
25    (6) of subsection (a) of Section 11-20.1 of the Criminal
26    Code of 2012 when the victim is under 13 years of age and

 

 

HB3866- 35 -LRB100 06243 RLC 20326 b

1    the defendant has previously been convicted under the laws
2    of this State or any other state of the offense of child
3    pornography, aggravated child pornography, aggravated
4    criminal sexual abuse, aggravated criminal sexual assault,
5    predatory criminal sexual assault of a child, or any of the
6    offenses formerly known as rape, deviate sexual assault,
7    indecent liberties with a child, or aggravated indecent
8    liberties with a child where the victim was under the age
9    of 18 years or an offense that is substantially equivalent
10    to those offenses.
11        (W) A violation of Section 24-3.5 of the Criminal Code
12    of 1961 or the Criminal Code of 2012.
13        (X) A violation of subsection (a) of Section 31-1a of
14    the Criminal Code of 1961 or the Criminal Code of 2012.
15        (Y) A conviction for unlawful possession of a firearm
16    by a street gang member when the firearm was loaded or
17    contained firearm ammunition.
18        (Z) A Class 1 felony committed while he or she was
19    serving a term of probation or conditional discharge for a
20    felony.
21        (AA) Theft of property exceeding $500,000 and not
22    exceeding $1,000,000 in value.
23        (BB) Laundering of criminally derived property of a
24    value exceeding $500,000.
25        (CC) Knowingly selling, offering for sale, holding for
26    sale, or using 2,000 or more counterfeit items or

 

 

HB3866- 36 -LRB100 06243 RLC 20326 b

1    counterfeit items having a retail value in the aggregate of
2    $500,000 or more.
3        (DD) A conviction for aggravated assault under
4    paragraph (6) of subsection (c) of Section 12-2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 if the
6    firearm is aimed toward the person against whom the firearm
7    is being used.
8        (EE) A conviction for a violation of paragraph (2) of
9    subsection (a) of Section 24-3B of the Criminal Code of
10    2012.
11    (3) (Blank).
12    (4) A minimum term of imprisonment of not less than 10
13consecutive days or 30 days of community service shall be
14imposed for a violation of paragraph (c) of Section 6-303 of
15the Illinois Vehicle Code.
16    (4.1) (Blank).
17    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
18this subsection (c), a minimum of 100 hours of community
19service shall be imposed for a second violation of Section
206-303 of the Illinois Vehicle Code.
21    (4.3) A minimum term of imprisonment of 30 days or 300
22hours of community service, as determined by the court, shall
23be imposed for a second violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.4) Except as provided in paragraphs (4.5), (4.6), and
26(4.9) of this subsection (c), a minimum term of imprisonment of

 

 

HB3866- 37 -LRB100 06243 RLC 20326 b

130 days or 300 hours of community service, as determined by the
2court, shall be imposed for a third or subsequent violation of
3Section 6-303 of the Illinois Vehicle Code.
4    (4.5) A minimum term of imprisonment of 30 days shall be
5imposed for a third violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.6) Except as provided in paragraph (4.10) of this
8subsection (c), a minimum term of imprisonment of 180 days
9shall be imposed for a fourth or subsequent violation of
10subsection (c) of Section 6-303 of the Illinois Vehicle Code.
11    (4.7) A minimum term of imprisonment of not less than 30
12consecutive days, or 300 hours of community service, shall be
13imposed for a violation of subsection (a-5) of Section 6-303 of
14the Illinois Vehicle Code, as provided in subsection (b-5) of
15that Section.
16    (4.8) A mandatory prison sentence shall be imposed for a
17second violation of subsection (a-5) of Section 6-303 of the
18Illinois Vehicle Code, as provided in subsection (c-5) of that
19Section. The person's driving privileges shall be revoked for a
20period of not less than 5 years from the date of his or her
21release from prison.
22    (4.9) A mandatory prison sentence of not less than 4 and
23not more than 15 years shall be imposed for a third violation
24of subsection (a-5) of Section 6-303 of the Illinois Vehicle
25Code, as provided in subsection (d-2.5) of that Section. The
26person's driving privileges shall be revoked for the remainder

 

 

HB3866- 38 -LRB100 06243 RLC 20326 b

1of his or her life.
2    (4.10) A mandatory prison sentence for a Class 1 felony
3shall be imposed, and the person shall be eligible for an
4extended term sentence, for a fourth or subsequent violation of
5subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
6as provided in subsection (d-3.5) of that Section. The person's
7driving privileges shall be revoked for the remainder of his or
8her life.
9    (5) The court may sentence a corporation or unincorporated
10association convicted of any offense to:
11        (A) a period of conditional discharge;
12        (B) a fine;
13        (C) make restitution to the victim under Section 5-5-6
14    of this Code.
15    (5.1) In addition to any other penalties imposed, and
16except as provided in paragraph (5.2) or (5.3), a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for at least 90 days but not
20more than one year, if the violation resulted in damage to the
21property of another person.
22    (5.2) In addition to any other penalties imposed, and
23except as provided in paragraph (5.3), a person convicted of
24violating subsection (c) of Section 11-907 of the Illinois
25Vehicle Code shall have his or her driver's license, permit, or
26privileges suspended for at least 180 days but not more than 2

 

 

HB3866- 39 -LRB100 06243 RLC 20326 b

1years, if the violation resulted in injury to another person.
2    (5.3) In addition to any other penalties imposed, a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for 2 years, if the violation
6resulted in the death of another person.
7    (5.4) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code shall have his or her driver's license, permit, or
10privileges suspended for 3 months and until he or she has paid
11a reinstatement fee of $100.
12    (5.5) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code during a period in which his or her driver's license,
15permit, or privileges were suspended for a previous violation
16of that Section shall have his or her driver's license, permit,
17or privileges suspended for an additional 6 months after the
18expiration of the original 3-month suspension and until he or
19she has paid a reinstatement fee of $100.
20    (6) (Blank).
21    (7) (Blank).
22    (8) (Blank).
23    (9) A defendant convicted of a second or subsequent offense
24of ritualized abuse of a child may be sentenced to a term of
25natural life imprisonment.
26    (10) (Blank).

 

 

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1    (11) The court shall impose a minimum fine of $1,000 for a
2first offense and $2,000 for a second or subsequent offense
3upon a person convicted of or placed on supervision for battery
4when the individual harmed was a sports official or coach at
5any level of competition and the act causing harm to the sports
6official or coach occurred within an athletic facility or
7within the immediate vicinity of the athletic facility at which
8the sports official or coach was an active participant of the
9athletic contest held at the athletic facility. For the
10purposes of this paragraph (11), "sports official" means a
11person at an athletic contest who enforces the rules of the
12contest, such as an umpire or referee; "athletic facility"
13means an indoor or outdoor playing field or recreational area
14where sports activities are conducted; and "coach" means a
15person recognized as a coach by the sanctioning authority that
16conducted the sporting event.
17    (12) A person may not receive a disposition of court
18supervision for a violation of Section 5-16 of the Boat
19Registration and Safety Act if that person has previously
20received a disposition of court supervision for a violation of
21that Section.
22    (13) A person convicted of or placed on court supervision
23for an assault or aggravated assault when the victim and the
24offender are family or household members as defined in Section
25103 of the Illinois Domestic Violence Act of 1986 or convicted
26of domestic battery or aggravated domestic battery may be

 

 

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1required to attend a Partner Abuse Intervention Program under
2protocols set forth by the Illinois Department of Human
3Services under such terms and conditions imposed by the court.
4The costs of such classes shall be paid by the offender.
5    (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of the
8Unified Code of Corrections which may include evidence of the
9defendant's life, moral character and occupation during the
10time since the original sentence was passed. The trial court
11shall then impose sentence upon the defendant. The trial court
12may impose any sentence which could have been imposed at the
13original trial subject to Section 5-5-4 of the Unified Code of
14Corrections. If a sentence is vacated on appeal or on
15collateral attack due to the failure of the trier of fact at
16trial to determine beyond a reasonable doubt the existence of a
17fact (other than a prior conviction) necessary to increase the
18punishment for the offense beyond the statutory maximum
19otherwise applicable, either the defendant may be re-sentenced
20to a term within the range otherwise provided or, if the State
21files notice of its intention to again seek the extended
22sentence, the defendant shall be afforded a new trial.
23    (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25Code of 1961 or the Criminal Code of 2012 results in conviction
26of a defendant who was a family member of the victim at the

 

 

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1time of the commission of the offense, the court shall consider
2the safety and welfare of the victim and may impose a sentence
3of probation only where:
4        (1) the court finds (A) or (B) or both are appropriate:
5            (A) the defendant is willing to undergo a court
6        approved counseling program for a minimum duration of 2
7        years; or
8            (B) the defendant is willing to participate in a
9        court approved plan including but not limited to the
10        defendant's:
11                (i) removal from the household;
12                (ii) restricted contact with the victim;
13                (iii) continued financial support of the
14            family;
15                (iv) restitution for harm done to the victim;
16            and
17                (v) compliance with any other measures that
18            the court may deem appropriate; and
19        (2) the court orders the defendant to pay for the
20    victim's counseling services, to the extent that the court
21    finds, after considering the defendant's income and
22    assets, that the defendant is financially capable of paying
23    for such services, if the victim was under 18 years of age
24    at the time the offense was committed and requires
25    counseling as a result of the offense.
26    Probation may be revoked or modified pursuant to Section

 

 

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15-6-4; except where the court determines at the hearing that
2the defendant violated a condition of his or her probation
3restricting contact with the victim or other family members or
4commits another offense with the victim or other family
5members, the court shall revoke the defendant's probation and
6impose a term of imprisonment.
7    For the purposes of this Section, "family member" and
8"victim" shall have the meanings ascribed to them in Section
911-0.1 of the Criminal Code of 2012.
10    (f) (Blank).
11    (g) Whenever a defendant is convicted of an offense under
12Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1311-14.3, 11-14.4 except for an offense that involves keeping a
14place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the defendant shall undergo medical
18testing to determine whether the defendant has any sexually
19transmissible disease, including a test for infection with
20human immunodeficiency virus (HIV) or any other identified
21causative agent of acquired immunodeficiency syndrome (AIDS).
22Any such medical test shall be performed only by appropriately
23licensed medical practitioners and may include an analysis of
24any bodily fluids as well as an examination of the defendant's
25person. Except as otherwise provided by law, the results of
26such test shall be kept strictly confidential by all medical

 

 

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1personnel involved in the testing and must be personally
2delivered in a sealed envelope to the judge of the court in
3which the conviction was entered for the judge's inspection in
4camera. Acting in accordance with the best interests of the
5victim and the public, the judge shall have the discretion to
6determine to whom, if anyone, the results of the testing may be
7revealed. The court shall notify the defendant of the test
8results. The court shall also notify the victim if requested by
9the victim, and if the victim is under the age of 15 and if
10requested by the victim's parents or legal guardian, the court
11shall notify the victim's parents or legal guardian of the test
12results. The court shall provide information on the
13availability of HIV testing and counseling at Department of
14Public Health facilities to all parties to whom the results of
15the testing are revealed and shall direct the State's Attorney
16to provide the information to the victim when possible. A
17State's Attorney may petition the court to obtain the results
18of any HIV test administered under this Section, and the court
19shall grant the disclosure if the State's Attorney shows it is
20relevant in order to prosecute a charge of criminal
21transmission of HIV under Section 12-5.01 or 12-16.2 of the
22Criminal Code of 1961 or the Criminal Code of 2012 or criminal
23transmission of a sexually transmissible disease under Section
2412-5.01 of the Criminal Code of 2012 against the defendant. The
25court shall order that the cost of any such test shall be paid
26by the county and may be taxed as costs against the convicted

 

 

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1defendant.
2    (g-5) When an inmate is tested for an airborne communicable
3disease, as determined by the Illinois Department of Public
4Health including but not limited to tuberculosis, the results
5of the test shall be personally delivered by the warden or his
6or her designee in a sealed envelope to the judge of the court
7in which the inmate must appear for the judge's inspection in
8camera if requested by the judge. Acting in accordance with the
9best interests of those in the courtroom, the judge shall have
10the discretion to determine what if any precautions need to be
11taken to prevent transmission of the disease in the courtroom.
12    (h) Whenever a defendant is convicted of an offense under
13Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
14defendant shall undergo medical testing to determine whether
15the defendant has been exposed to human immunodeficiency virus
16(HIV) or any other identified causative agent of acquired
17immunodeficiency syndrome (AIDS). Except as otherwise provided
18by law, the results of such test shall be kept strictly
19confidential by all medical personnel involved in the testing
20and must be personally delivered in a sealed envelope to the
21judge of the court in which the conviction was entered for the
22judge's inspection in camera. Acting in accordance with the
23best interests of the public, the judge shall have the
24discretion to determine to whom, if anyone, the results of the
25testing may be revealed. The court shall notify the defendant
26of a positive test showing an infection with the human

 

 

HB3866- 46 -LRB100 06243 RLC 20326 b

1immunodeficiency virus (HIV). The court shall provide
2information on the availability of HIV testing and counseling
3at Department of Public Health facilities to all parties to
4whom the results of the testing are revealed and shall direct
5the State's Attorney to provide the information to the victim
6when possible. A State's Attorney may petition the court to
7obtain the results of any HIV test administered under this
8Section, and the court shall grant the disclosure if the
9State's Attorney shows it is relevant in order to prosecute a
10charge of criminal transmission of HIV under Section 12-5.01 or
1112-16.2 of the Criminal Code of 1961 or the Criminal Code of
122012 or criminal transmission of a sexually transmissible
13disease under Section 12-5.01 of the Criminal Code of 2012
14against the defendant. The court shall order that the cost of
15any such test shall be paid by the county and may be taxed as
16costs against the convicted defendant.
17    (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24    (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

 

 

HB3866- 47 -LRB100 06243 RLC 20326 b

111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
4Code of 2012, any violation of the Illinois Controlled
5Substances Act, any violation of the Cannabis Control Act, or
6any violation of the Methamphetamine Control and Community
7Protection Act results in conviction, a disposition of court
8supervision, or an order of probation granted under Section 10
9of the Cannabis Control Act, Section 410 of the Illinois
10Controlled Substances Act, or Section 70 of the Methamphetamine
11Control and Community Protection Act of a defendant, the court
12shall determine whether the defendant is employed by a facility
13or center as defined under the Child Care Act of 1969, a public
14or private elementary or secondary school, or otherwise works
15with children under 18 years of age on a daily basis. When a
16defendant is so employed, the court shall order the Clerk of
17the Court to send a copy of the judgment of conviction or order
18of supervision or probation to the defendant's employer by
19certified mail. If the employer of the defendant is a school,
20the Clerk of the Court shall direct the mailing of a copy of
21the judgment of conviction or order of supervision or probation
22to the appropriate regional superintendent of schools. The
23regional superintendent of schools shall notify the State Board
24of Education of any notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

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1misdemeanor or felony and who is sentenced to a term of
2imprisonment in the Illinois Department of Corrections shall as
3a condition of his or her sentence be required by the court to
4attend educational courses designed to prepare the defendant
5for a high school diploma and to work toward a high school
6diploma or to work toward passing high school equivalency
7testing or to work toward completing a vocational training
8program offered by the Department of Corrections. If a
9defendant fails to complete the educational training required
10by his or her sentence during the term of incarceration, the
11Prisoner Review Board shall, as a condition of mandatory
12supervised release, require the defendant, at his or her own
13expense, to pursue a course of study toward a high school
14diploma or passage of high school equivalency testing. The
15Prisoner Review Board shall revoke the mandatory supervised
16release of a defendant who wilfully fails to comply with this
17subsection (j-5) upon his or her release from confinement in a
18penal institution while serving a mandatory supervised release
19term; however, the inability of the defendant after making a
20good faith effort to obtain financial aid or pay for the
21educational training shall not be deemed a wilful failure to
22comply. The Prisoner Review Board shall recommit the defendant
23whose mandatory supervised release term has been revoked under
24this subsection (j-5) as provided in Section 3-3-9. This
25subsection (j-5) does not apply to a defendant who has a high
26school diploma or has successfully passed high school

 

 

HB3866- 49 -LRB100 06243 RLC 20326 b

1equivalency testing. This subsection (j-5) does not apply to a
2defendant who is determined by the court to be a person with a
3developmental disability or otherwise mentally incapable of
4completing the educational or vocational program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7(l), whenever a defendant, who is an alien as defined by the
8Immigration and Nationality Act, is convicted of any felony or
9misdemeanor offense, the court after sentencing the defendant
10may, upon motion of the State's Attorney, hold sentence in
11abeyance and remand the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent to be deported when:
14        (1) a final order of deportation has been issued
15    against the defendant pursuant to proceedings under the
16    Immigration and Nationality Act, and
17        (2) the deportation of the defendant would not
18    deprecate the seriousness of the defendant's conduct and
19    would not be inconsistent with the ends of justice.
20    Otherwise, the defendant shall be sentenced as provided in
21this Chapter V.
22    (B) If the defendant has already been sentenced for a
23felony or misdemeanor offense, or has been placed on probation
24under Section 10 of the Cannabis Control Act, Section 410 of
25the Illinois Controlled Substances Act, or Section 70 of the
26Methamphetamine Control and Community Protection Act, the

 

 

HB3866- 50 -LRB100 06243 RLC 20326 b

1court may, upon motion of the State's Attorney to suspend the
2sentence imposed, commit the defendant to the custody of the
3Attorney General of the United States or his or her designated
4agent when:
5        (1) a final order of deportation has been issued
6    against the defendant pursuant to proceedings under the
7    Immigration and Nationality Act, and
8        (2) the deportation of the defendant would not
9    deprecate the seriousness of the defendant's conduct and
10    would not be inconsistent with the ends of justice.
11    (C) This subsection (l) does not apply to offenders who are
12subject to the provisions of paragraph (2) of subsection (a) of
13Section 3-6-3.
14    (D) Upon motion of the State's Attorney, if a defendant
15sentenced under this Section returns to the jurisdiction of the
16United States, the defendant shall be recommitted to the
17custody of the county from which he or she was sentenced.
18Thereafter, the defendant shall be brought before the
19sentencing court, which may impose any sentence that was
20available under Section 5-5-3 at the time of initial
21sentencing. In addition, the defendant shall not be eligible
22for additional sentence credit for good conduct as provided
23under Section 3-6-3.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961 or the
26Criminal Code of 2012, in which the property damage exceeds

 

 

HB3866- 51 -LRB100 06243 RLC 20326 b

1$300 and the property damaged is a school building, shall be
2ordered to perform community service that may include cleanup,
3removal, or painting over the defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 (i) to an impact
8incarceration program if the person is otherwise eligible for
9that program under Section 5-8-1.1, (ii) to community service,
10or (iii) if the person is an addict or alcoholic, as defined in
11the Alcoholism and Other Drug Abuse and Dependency Act, to a
12substance or alcohol abuse program licensed under that Act.
13    (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions of
17license renewal established by the Secretary of State.
18(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1999-143, eff. 7-27-15; 99-885, eff. 8-23-16.)