Sen. Antonio Muņoz

Filed: 10/28/2009

 

 


 

 


 
09600HB4124sam003 LRB096 09964 RLC 30172 a

1
AMENDMENT TO HOUSE BILL 4124

2     AMENDMENT NO. ______. Amend House Bill 4124 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 24-1.6 and by adding Section 24-1.8 as
6 follows:
 
7     (720 ILCS 5/24-1.6)
8     Sec. 24-1.6. Aggravated unlawful use of a weapon.
9     (a) A person commits the offense of aggravated unlawful use
10 of a weapon when he or she knowingly:
11         (1) Carries on or about his or her person or in any
12     vehicle or concealed on or about his or her person except
13     when on his or her land or in his or her abode, legal
14     dwelling, or fixed place of business, or on the land or in
15     the legal dwelling of another person as an invitee with
16     that person's permission, any pistol, revolver, stun gun or

 

 

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1     taser or other firearm; or
2         (2) Carries or possesses on or about his or her person,
3     upon any public street, alley, or other public lands within
4     the corporate limits of a city, village or incorporated
5     town, except when an invitee thereon or therein, for the
6     purpose of the display of such weapon or the lawful
7     commerce in weapons, or except when on his or her own land
8     or in his or her own abode, legal dwelling, or fixed place
9     of business, or on the land or in the legal dwelling of
10     another person as an invitee with that person's permission,
11     any pistol, revolver, stun gun or taser or other firearm;
12     and
13         (3) One of the following factors is present:
14             (A) the firearm possessed was uncased, loaded and
15         immediately accessible at the time of the offense; or
16             (B) the firearm possessed was uncased, unloaded
17         and the ammunition for the weapon was immediately
18         accessible at the time of the offense; or
19             (C) the person possessing the firearm has not been
20         issued a currently valid Firearm Owner's
21         Identification Card; or
22             (D) the person possessing the weapon was
23         previously adjudicated a delinquent minor under the
24         Juvenile Court Act of 1987 for an act that if committed
25         by an adult would be a felony; or
26             (E) the person possessing the weapon was engaged in

 

 

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1         a misdemeanor violation of the Cannabis Control Act, in
2         a misdemeanor violation of the Illinois Controlled
3         Substances Act, or in a misdemeanor violation of the
4         Methamphetamine Control and Community Protection Act;
5         or
6             (F) (blank) the person possessing the weapon is a
7         member of a street gang or is engaged in street gang
8         related activity, as defined in Section 10 of the
9         Illinois Streetgang Terrorism Omnibus Prevention Act;
10         or
11             (G) the person possessing the weapon had a order of
12         protection issued against him or her within the
13         previous 2 years; or
14             (H) the person possessing the weapon was engaged in
15         the commission or attempted commission of a
16         misdemeanor involving the use or threat of violence
17         against the person or property of another; or
18             (I) the person possessing the weapon was under 21
19         years of age and in possession of a handgun as defined
20         in Section 24-3, unless the person under 21 is engaged
21         in lawful activities under the Wildlife Code or
22         described in subsection 24-2(b)(1), (b)(3), or
23         24-2(f).
24     (b) "Stun gun or taser" as used in this Section has the
25 same definition given to it in Section 24-1 of this Code.
26     (c) This Section does not apply to or affect the

 

 

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1 transportation or possession of weapons that:
2             (i) are broken down in a non-functioning state; or
3             (ii) are not immediately accessible; or
4             (iii) are unloaded and enclosed in a case, firearm
5         carrying box, shipping box, or other container by a
6         person who has been issued a currently valid Firearm
7         Owner's Identification Card.
8     (d) Sentence. Aggravated unlawful use of a weapon is a
9 Class 4 felony; a second or subsequent offense is a Class 2
10 felony for which the person shall be sentenced to a term of
11 imprisonment of not less than 3 years and not more than 7
12 years. Aggravated unlawful use of a weapon by a person who has
13 been previously convicted of a felony in this State or another
14 jurisdiction is a Class 2 felony for which the person shall be
15 sentenced to a term of imprisonment of not less than 3 years
16 and not more than 7 years. Aggravated unlawful use of a weapon
17 while wearing or in possession of body armor as defined in
18 Section 33F-1 by a person who has not been issued a valid
19 Firearms Owner's Identification Card in accordance with
20 Section 5 of the Firearm Owners Identification Card Act is a
21 Class X felony. The possession of each firearm in violation of
22 this Section constitutes a single and separate violation.
23 (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09.)
 
24     (720 ILCS 5/24-1.8 new)
25     Sec. 24-1.8. Unlawful possession of a firearm by a street

 

 

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1 gang member.
2     (a) A person commits unlawful possession of a firearm by a
3 street gang member when he or she knowingly:
4         (1) possesses, carries, or conceals on or about his or
5     her person a firearm and firearm ammunition while on any
6     street, road, alley, gangway, sidewalk, or any other lands,
7     except when inside his or her own abode or inside his or
8     her fixed place of business, and has not been issued a
9     currently valid Firearm Owner's Identification Card and is
10     a member of a street gang; or
11         (2) possesses or carries in any vehicle a firearm and
12     firearm ammunition which are both immediately accessible
13     at the time of the offense while on any street, road,
14     alley, or any other lands, except when inside his or her
15     own abode or garage, and has not been issued a currently
16     valid Firearm Owner's Identification Card and is a member
17     of a street gang.
18     (b) Unlawful possession of a firearm by a street gang
19 member is a Class 2 felony for which the person, if sentenced
20 to a term of imprisonment, shall be sentenced to no less than 3
21 years and no more than 10 years. A period of probation, a term
22 of periodic imprisonment or conditional discharge shall not be
23 imposed for the offense of unlawful possession of a firearm by
24 a street gang member when the firearm was loaded or contained
25 firearm ammunition and the court shall sentence the offender to
26 not less than the minimum term of imprisonment authorized for

 

 

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1 the Class 2 felony.
2     (c) For purposes of this Section:
3         "Street gang" or "gang" has the meaning ascribed to it
4     in Section 10 of the Illinois Streetgang Terrorism Omnibus
5     Prevention Act.
6         "Street gang member" or "gang member" has the meaning
7     ascribed to it in Section 10 of the Illinois Streetgang
8     Terrorism Omnibus Prevention Act.
 
9     Section 10. The Unified Code of Corrections is amended by
10 changing Section 5-5-3 as follows:
 
11     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
12     Sec. 5-5-3. Disposition.
13     (a) (Blank.).
14     (b) (Blank.).
15          (10) If the defendant is convicted of arson,
16     aggravated arson, residential arson, or place of worship
17     arson, an order directing the offender to reimburse the
18     local emergency response department for the costs of
19     responding to the fire that the offender was convicted of
20     setting in accordance with the Emergency Services Response
21     Reimbursement for Criminal Convictions Act.
22     (c) (1) (Blank.).
23         (2) A period of probation, a term of periodic
24     imprisonment or conditional discharge shall not be imposed

 

 

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1     for the following offenses. The court shall sentence the
2     offender to not less than the minimum term of imprisonment
3     set forth in this Code for the following offenses, and may
4     order a fine or restitution or both in conjunction with
5     such term of imprisonment:
6             (A) First degree murder where the death penalty is
7         not imposed.
8             (B) Attempted first degree murder.
9             (C) A Class X felony.
10             (D) A violation of Section 401.1 or 407 of the
11         Illinois Controlled Substances Act, or a violation of
12         subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
13         of that Act which relates to more than 5 grams of a
14         substance containing heroin, cocaine, fentanyl, or an
15         analog thereof.
16             (E) A violation of Section 5.1 or 9 of the Cannabis
17         Control Act.
18             (F) A Class 2 or greater felony if the offender had
19         been convicted of a Class 2 or greater felony,
20         including any state or federal conviction for an
21         offense that contained, at the time it was committed,
22         the same elements as an offense now (the date of the
23         offense committed after the prior Class 2 or greater
24         felony) classified as a Class 2 or greater felony,
25         within 10 years of the date on which the offender
26         committed the offense for which he or she is being

 

 

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1         sentenced, except as otherwise provided in Section
2         40-10 of the Alcoholism and Other Drug Abuse and
3         Dependency Act.
4             (F-5) A violation of Section 24-1, 24-1.1, or
5         24-1.6 of the Criminal Code of 1961 for which
6         imprisonment is prescribed in those Sections.
7             (G) Residential burglary, except as otherwise
8         provided in Section 40-10 of the Alcoholism and Other
9         Drug Abuse and Dependency Act.
10             (H) Criminal sexual assault.
11             (I) Aggravated battery of a senior citizen.
12             (J) A forcible felony if the offense was related to
13         the activities of an organized gang.
14             Before July 1, 1994, for the purposes of this
15         paragraph, "organized gang" means an association of 5
16         or more persons, with an established hierarchy, that
17         encourages members of the association to perpetrate
18         crimes or provides support to the members of the
19         association who do commit crimes.
20             Beginning July 1, 1994, for the purposes of this
21         paragraph, "organized gang" has the meaning ascribed
22         to it in Section 10 of the Illinois Streetgang
23         Terrorism Omnibus Prevention Act.
24             (K) Vehicular hijacking.
25             (L) A second or subsequent conviction for the
26         offense of hate crime when the underlying offense upon

 

 

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1         which the hate crime is based is felony aggravated
2         assault or felony mob action.
3             (M) A second or subsequent conviction for the
4         offense of institutional vandalism if the damage to the
5         property exceeds $300.
6             (N) A Class 3 felony violation of paragraph (1) of
7         subsection (a) of Section 2 of the Firearm Owners
8         Identification Card Act.
9             (O) A violation of Section 12-6.1 of the Criminal
10         Code of 1961.
11             (P) A violation of paragraph (1), (2), (3), (4),
12         (5), or (7) of subsection (a) of Section 11-20.1 of the
13         Criminal Code of 1961.
14             (Q) A violation of Section 20-1.2 or 20-1.3 of the
15         Criminal Code of 1961.
16             (R) A violation of Section 24-3A of the Criminal
17         Code of 1961.
18             (S) (Blank).
19             (T) A second or subsequent violation of the
20         Methamphetamine Control and Community Protection Act.
21             (U) A second or subsequent violation of Section
22         6-303 of the Illinois Vehicle Code committed while his
23         or her driver's license, permit, or privilege was
24         revoked because of a violation of Section 9-3 of the
25         Criminal Code of 1961, relating to the offense of
26         reckless homicide, or a similar provision of a law of

 

 

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1         another state.
2             (V) A violation of paragraph (4) of subsection (c)
3         of Section 11-20.3 of the Criminal Code of 1961.
4             (W) A violation of Section 24-3.5 of the Criminal
5         Code of 1961.
6             (X) A violation of subsection (a) of Section 31-1a
7         of the Criminal Code of 1961.
8             (Y) A conviction for unlawful possession of a
9         firearm by a street gang member when the firearm was
10         loaded or contained firearm ammunition.
11         (3) (Blank).
12         (4) A minimum term of imprisonment of not less than 10
13     consecutive days or 30 days of community service shall be
14     imposed for a violation of paragraph (c) of Section 6-303
15     of the Illinois Vehicle Code.
16         (4.1) (Blank).
17         (4.2) Except as provided in paragraphs (4.3) and (4.8)
18     of this subsection (c), a minimum of 100 hours of community
19     service shall be imposed for a second violation of Section
20     6-303 of the Illinois Vehicle Code.
21         (4.3) A minimum term of imprisonment of 30 days or 300
22     hours of community service, as determined by the court,
23     shall be imposed for a second violation of subsection (c)
24     of Section 6-303 of the Illinois Vehicle Code.
25         (4.4) Except as provided in paragraphs (4.5), (4.6),
26     and (4.9) of this subsection (c), a minimum term of

 

 

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

 

 

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1     Illinois Vehicle Code, as provided in subsection (d-2.5) of
2     that Section. The person's driving privileges shall be
3     revoked for the remainder of his or her life.
4         (4.10) A mandatory prison sentence for a Class 1 felony
5     shall be imposed, and the person shall be eligible for an
6     extended term sentence, for a fourth or subsequent
7     violation of subsection (a-5) of Section 6-303 of the
8     Illinois Vehicle Code, as provided in subsection (d-3.5) of
9     that Section. The person's driving privileges shall be
10     revoked for the remainder of his or her life.
11         (5) The court may sentence a corporation or
12     unincorporated association convicted of any offense to:
13             (A) a period of conditional discharge;
14             (B) a fine;
15             (C) make restitution to the victim under Section
16         5-5-6 of this Code.
17         (5.1) In addition to any other penalties imposed, and
18     except as provided in paragraph (5.2) or (5.3), a person
19     convicted of violating subsection (c) of Section 11-907 of
20     the Illinois Vehicle Code shall have his or her driver's
21     license, permit, or privileges suspended for at least 90
22     days but not more than one year, if the violation resulted
23     in damage to the property of another person.
24         (5.2) In addition to any other penalties imposed, and
25     except as provided in paragraph (5.3), a person convicted
26     of violating subsection (c) of Section 11-907 of the

 

 

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1     Illinois Vehicle Code shall have his or her driver's
2     license, permit, or privileges suspended for at least 180
3     days but not more than 2 years, if the violation resulted
4     in injury to another person.
5         (5.3) In addition to any other penalties imposed, a
6     person convicted of violating subsection (c) of Section
7     11-907 of the Illinois Vehicle Code shall have his or her
8     driver's license, permit, or privileges suspended for 2
9     years, if the violation resulted in the death of another
10     person.
11         (5.4) In addition to any other penalties imposed, a
12     person convicted of violating Section 3-707 of the Illinois
13     Vehicle Code shall have his or her driver's license,
14     permit, or privileges suspended for 3 months and until he
15     or she has paid a reinstatement fee of $100.
16         (5.5) In addition to any other penalties imposed, a
17     person convicted of violating Section 3-707 of the Illinois
18     Vehicle Code during a period in which his or her driver's
19     license, permit, or privileges were suspended for a
20     previous violation of that Section shall have his or her
21     driver's license, permit, or privileges suspended for an
22     additional 6 months after the expiration of the original
23     3-month suspension and until he or she has paid a
24     reinstatement fee of $100.
25         (6) (Blank.).
26         (7) (Blank.).

 

 

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

 

 

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1     of that Section.
2         (13) A person convicted of or placed on court
3     supervision for an assault or aggravated assault when the
4     victim and the offender are family or household members as
5     defined in Section 103 of the Illinois Domestic Violence
6     Act of 1986 or convicted of domestic battery or aggravated
7     domestic battery may be required to attend a Partner Abuse
8     Intervention Program under protocols set forth by the
9     Illinois Department of Human Services under such terms and
10     conditions imposed by the court. The costs of such classes
11     shall be paid by the offender.
12     (d) In any case in which a sentence originally imposed is
13 vacated, the case shall be remanded to the trial court. The
14 trial court shall hold a hearing under Section 5-4-1 of the
15 Unified Code of Corrections which may include evidence of the
16 defendant's life, moral character and occupation during the
17 time since the original sentence was passed. The trial court
18 shall then impose sentence upon the defendant. The trial court
19 may impose any sentence which could have been imposed at the
20 original trial subject to Section 5-5-4 of the Unified Code of
21 Corrections. If a sentence is vacated on appeal or on
22 collateral attack due to the failure of the trier of fact at
23 trial to determine beyond a reasonable doubt the existence of a
24 fact (other than a prior conviction) necessary to increase the
25 punishment for the offense beyond the statutory maximum
26 otherwise applicable, either the defendant may be re-sentenced

 

 

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1 to a term within the range otherwise provided or, if the State
2 files notice of its intention to again seek the extended
3 sentence, the defendant shall be afforded a new trial.
4     (e) In cases where prosecution for aggravated criminal
5 sexual abuse under Section 12-16 of the Criminal Code of 1961
6 results in conviction of a defendant who was a family member of
7 the victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10         (1) the court finds (A) or (B) or both are appropriate:
11             (A) the defendant is willing to undergo a court
12         approved counseling program for a minimum duration of 2
13         years; or
14             (B) the defendant is willing to participate in a
15         court approved plan including but not limited to the
16         defendant's:
17                 (i) removal from the household;
18                 (ii) restricted contact with the victim;
19                 (iii) continued financial support of the
20             family;
21                 (iv) restitution for harm done to the victim;
22             and
23                 (v) compliance with any other measures that
24             the court may deem appropriate; and
25         (2) the court orders the defendant to pay for the
26     victim's counseling services, to the extent that the court

 

 

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1     finds, after considering the defendant's income and
2     assets, that the defendant is financially capable of paying
3     for such services, if the victim was under 18 years of age
4     at the time the offense was committed and requires
5     counseling as a result of the offense.
6     Probation may be revoked or modified pursuant to Section
7 5-6-4; except where the court determines at the hearing that
8 the defendant violated a condition of his or her probation
9 restricting contact with the victim or other family members or
10 commits another offense with the victim or other family
11 members, the court shall revoke the defendant's probation and
12 impose a term of imprisonment.
13     For the purposes of this Section, "family member" and
14 "victim" shall have the meanings ascribed to them in Section
15 12-12 of the Criminal Code of 1961.
16     (f) (Blank.).
17     (g) Whenever a defendant is convicted of an offense under
18 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
19 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
20 of the Criminal Code of 1961, the defendant shall undergo
21 medical testing to determine whether the defendant has any
22 sexually transmissible disease, including a test for infection
23 with human immunodeficiency virus (HIV) or any other identified
24 causative agent of acquired immunodeficiency syndrome (AIDS).
25 Any such medical test shall be performed only by appropriately
26 licensed medical practitioners and may include an analysis of

 

 

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

 

 

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

 

 

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1 immunodeficiency virus (HIV). The court shall provide
2 information on the availability of HIV testing and counseling
3 at Department of Public Health facilities to all parties to
4 whom the results of the testing are revealed and shall direct
5 the State's Attorney to provide the information to the victim
6 when possible. A State's Attorney may petition the court to
7 obtain the results of any HIV test administered under this
8 Section, and the court shall grant the disclosure if the
9 State's Attorney shows it is relevant in order to prosecute a
10 charge of criminal transmission of HIV under Section 12-16.2 of
11 the Criminal Code of 1961 against the defendant. The court
12 shall order that the cost of any such test shall be paid by the
13 county and may be taxed as costs against the convicted
14 defendant.
15     (i) All fines and penalties imposed under this Section for
16 any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance, and
18 any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected and
20 disbursed by the circuit clerk as provided under Section 27.5
21 of the Clerks of Courts Act.
22     (j) In cases when prosecution for any violation of Section
23 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
24 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
25 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
26 Code of 1961, any violation of the Illinois Controlled

 

 

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1 Substances Act, any violation of the Cannabis Control Act, or
2 any violation of the Methamphetamine Control and Community
3 Protection Act results in conviction, a disposition of court
4 supervision, or an order of probation granted under Section 10
5 of the Cannabis Control Act, Section 410 of the Illinois
6 Controlled Substance Act, or Section 70 of the Methamphetamine
7 Control and Community Protection Act of a defendant, the court
8 shall determine whether the defendant is employed by a facility
9 or center as defined under the Child Care Act of 1969, a public
10 or private elementary or secondary school, or otherwise works
11 with children under 18 years of age on a daily basis. When a
12 defendant is so employed, the court shall order the Clerk of
13 the Court to send a copy of the judgment of conviction or order
14 of supervision or probation to the defendant's employer by
15 certified mail. If the employer of the defendant is a school,
16 the Clerk of the Court shall direct the mailing of a copy of
17 the judgment of conviction or order of supervision or probation
18 to the appropriate regional superintendent of schools. The
19 regional superintendent of schools shall notify the State Board
20 of Education of any notification under this subsection.
21     (j-5) A defendant at least 17 years of age who is convicted
22 of a felony and who has not been previously convicted of a
23 misdemeanor or felony and who is sentenced to a term of
24 imprisonment in the Illinois Department of Corrections shall as
25 a condition of his or her sentence be required by the court to
26 attend educational courses designed to prepare the defendant

 

 

09600HB4124sam003 - 22 - LRB096 09964 RLC 30172 a

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

 

 

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

 

 

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1             (1) a final order of deportation has been issued
2         against the defendant pursuant to proceedings under
3         the Immigration and Nationality Act, and
4             (2) the deportation of the defendant would not
5         deprecate the seriousness of the defendant's conduct
6         and would not be inconsistent with the ends of justice.
7         (C) This subsection (l) does not apply to offenders who
8     are subject to the provisions of paragraph (2) of
9     subsection (a) of Section 3-6-3.
10         (D) Upon motion of the State's Attorney, if a defendant
11     sentenced under this Section returns to the jurisdiction of
12     the United States, the defendant shall be recommitted to
13     the custody of the county from which he or she was
14     sentenced. Thereafter, the defendant shall be brought
15     before the sentencing court, which may impose any sentence
16     that was available under Section 5-5-3 at the time of
17     initial sentencing. In addition, the defendant shall not be
18     eligible for additional good conduct credit for
19     meritorious service as provided under Section 3-6-6.
20     (m) A person convicted of criminal defacement of property
21 under Section 21-1.3 of the Criminal Code of 1961, in which the
22 property damage exceeds $300 and the property damaged is a
23 school building, shall be ordered to perform community service
24 that may include cleanup, removal, or painting over the
25 defacement.
26     (n) The court may sentence a person convicted of a

 

 

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1 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
2 Code of 1961 (i) to an impact incarceration program if the
3 person is otherwise eligible for that program under Section
4 5-8-1.1, (ii) to community service, or (iii) if the person is
5 an addict or alcoholic, as defined in the Alcoholism and Other
6 Drug Abuse and Dependency Act, to a substance or alcohol abuse
7 program licensed under that Act.
8     (o) Whenever a person is convicted of a sex offense as
9 defined in Section 2 of the Sex Offender Registration Act, the
10 defendant's driver's license or permit shall be subject to
11 renewal on an annual basis in accordance with the provisions of
12 license renewal established by the Secretary of State.
13 (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
14 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
15 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
16 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; revised
17 9-4-09.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".