99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0188

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State or of any agency of the State, a unit of local government, or school district.


LRB099 02695 RLC 22702 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0188LRB099 02695 RLC 22702 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 Criminal Code of 2012 is amended by changing
5Section 33E-16 and by adding Section 16-1.4 as follows:
 
6    (720 ILCS 5/16-1.4 new)
7    Sec. 16-1.4. Theft of public funds.
8    (a) A person commits theft of public funds when he or she:
9        (1) embezzles, steals, purloins, obtains by fraud, or
10    knowingly converts to his or her use or the use of another,
11    or without authority sells, conveys, or disposes of, any
12    record, voucher, money, or thing of value of this State or
13    any department or agency of this State, or of any unit of
14    local government or school district, or any property made
15    or being made under contract for this State or any
16    department or agency of this State, or any unit of local
17    government or school district; or
18        (2) receives, conceals, or retains the record,
19    voucher, money, thing of value, or property described in
20    paragraph (1) with intent to convert it to his or her use
21    or gain, knowing it to have been embezzled, stolen,
22    purloined, obtained by fraud, or converted.
23    (b) For the purposes of this Section, "value" means face,

 

 

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1par, or market value, or cost price, either wholesale or
2retail, whichever is greater.
3    (c) Sentence.
4        (1) Theft of public funds involving property not
5    exceeding $300 in value is a Class 4 felony.
6        (2) Theft of public funds involving property exceeding
7    $300 and not exceeding $10,000 in value, is a Class 2
8    felony.
9        (3) Theft of public funds involving property exceeding
10    $10,000 and not exceeding $100,000 in value is a Class 1
11    felony.
12        (4) Theft of public funds involving property exceeding
13    $100,000 and not exceeding $500,000 in value is a Class X
14    felony.
15        (5) Theft of public funds involving property exceeding
16    $500,000 in value is a Class 1 non-probationable felony.
 
17    (720 ILCS 5/33E-16)
18    Sec. 33E-16. Misapplication of funds.
19    (a) An officer, director, agent, or employee of, or
20affiliated in any capacity with this State or any agency of
21this State, or any unit of local government or school district
22commits misapplication of funds when he or she, embezzles,
23steals, obtains by fraud, or otherwise without authority
24knowingly converts to the use of any person other than the
25rightful owner or intentionally misapplies, property that is

 

 

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1owned by, or is under the care, custody, or control of this
2State or of any agency of this State, a unit of local
3government, or school district knowingly misapplies any of the
4moneys, funds, or credits of the unit of local government or
5school district.
6    (b) Sentence. Misapplication of funds is a Class 3 felony.
7(Source: P.A. 97-1108, eff. 1-1-13.)
 
8    Section 10. The Unified Code of Corrections is amended by
9changing Section 5-5-3 as follows:
 
10    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
11    Sec. 5-5-3. Disposition.
12    (a) (Blank).
13    (b) (Blank).
14    (c) (1) (Blank).
15    (2) A period of probation, a term of periodic imprisonment
16or conditional discharge shall not be imposed for the following
17offenses. The court shall sentence the offender to not less
18than the minimum term of imprisonment set forth in this Code
19for the following offenses, and may order a fine or restitution
20or both in conjunction with such term of imprisonment:
21        (A) First degree murder where the death penalty is not
22    imposed.
23        (B) Attempted first degree murder.
24        (C) A Class X felony.

 

 

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1        (D) A violation of Section 401.1 or 407 of the Illinois
2    Controlled Substances Act, or a violation of subdivision
3    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
4    to more than 5 grams of a substance containing cocaine,
5    fentanyl, or an analog thereof.
6        (D-5) A violation of subdivision (c)(1) of Section 401
7    of the Illinois Controlled Substances Act which relates to
8    3 or more grams of a substance containing heroin or an
9    analog thereof.
10        (E) A violation of Section 5.1 or 9 of the Cannabis
11    Control Act.
12        (F) A Class 2 or greater felony if the offender had
13    been convicted of a Class 2 or greater felony, including
14    any state or federal conviction for an offense that
15    contained, at the time it was committed, the same elements
16    as an offense now (the date of the offense committed after
17    the prior Class 2 or greater felony) classified as a Class
18    2 or greater felony, within 10 years of the date on which
19    the offender committed the offense for which he or she is
20    being sentenced, except as otherwise provided in Section
21    40-10 of the Alcoholism and Other Drug Abuse and Dependency
22    Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24    the Criminal Code of 1961 or the Criminal Code of 2012 for
25    which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

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1    in Section 40-10 of the Alcoholism and Other Drug Abuse and
2    Dependency Act.
3        (H) Criminal sexual assault.
4        (I) Aggravated battery of a senior citizen as described
5    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6    of the Criminal Code of 1961 or the Criminal Code of 2012.
7        (J) A forcible felony if the offense was related to the
8    activities of an organized gang.
9        Before July 1, 1994, for the purposes of this
10    paragraph, "organized gang" means an association of 5 or
11    more persons, with an established hierarchy, that
12    encourages members of the association to perpetrate crimes
13    or provides support to the members of the association who
14    do commit crimes.
15        Beginning July 1, 1994, for the purposes of this
16    paragraph, "organized gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (K) Vehicular hijacking.
20        (L) A second or subsequent conviction for the offense
21    of hate crime when the underlying offense upon which the
22    hate crime is based is felony aggravated assault or felony
23    mob action.
24        (M) A second or subsequent conviction for the offense
25    of institutional vandalism if the damage to the property
26    exceeds $300.

 

 

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

 

 

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1    (6) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 2012 when the victim is under 13 years of age and
3    the defendant has previously been convicted under the laws
4    of this State or any other state of the offense of child
5    pornography, aggravated child pornography, aggravated
6    criminal sexual abuse, aggravated criminal sexual assault,
7    predatory criminal sexual assault of a child, or any of the
8    offenses formerly known as rape, deviate sexual assault,
9    indecent liberties with a child, or aggravated indecent
10    liberties with a child where the victim was under the age
11    of 18 years or an offense that is substantially equivalent
12    to those offenses.
13        (W) A violation of Section 24-3.5 of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (X) A violation of subsection (a) of Section 31-1a of
16    the Criminal Code of 1961 or the Criminal Code of 2012.
17        (Y) A conviction for unlawful possession of a firearm
18    by a street gang member when the firearm was loaded or
19    contained firearm ammunition.
20        (Z) A Class 1 felony committed while he or she was
21    serving a term of probation or conditional discharge for a
22    felony.
23        (AA) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value.
25        (BB) Laundering of criminally derived property of a
26    value exceeding $500,000.

 

 

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1        (CC) Knowingly selling, offering for sale, holding for
2    sale, or using 2,000 or more counterfeit items or
3    counterfeit items having a retail value in the aggregate of
4    $500,000 or more.
5        (DD) A conviction for aggravated assault under
6    paragraph (6) of subsection (c) of Section 12-2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 if the
8    firearm is aimed toward the person against whom the firearm
9    is being used.
10        (EE) Theft of public funds involving property
11    exceeding $500,000 in value.
12    (3) (Blank).
13    (4) A minimum term of imprisonment of not less than 10
14consecutive days or 30 days of community service shall be
15imposed for a violation of paragraph (c) of Section 6-303 of
16the Illinois Vehicle Code.
17    (4.1) (Blank).
18    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
19this subsection (c), a minimum of 100 hours of community
20service shall be imposed for a second violation of Section
216-303 of the Illinois Vehicle Code.
22    (4.3) A minimum term of imprisonment of 30 days or 300
23hours of community service, as determined by the court, shall
24be imposed for a second violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26    (4.4) Except as provided in paragraphs (4.5), (4.6), and

 

 

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1(4.9) of this subsection (c), a minimum term of imprisonment of
230 days or 300 hours of community service, as determined by the
3court, shall be imposed for a third or subsequent violation of
4Section 6-303 of the Illinois Vehicle Code.
5    (4.5) A minimum term of imprisonment of 30 days shall be
6imposed for a third violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.6) Except as provided in paragraph (4.10) of this
9subsection (c), a minimum term of imprisonment of 180 days
10shall be imposed for a fourth or subsequent violation of
11subsection (c) of Section 6-303 of the Illinois Vehicle Code.
12    (4.7) A minimum term of imprisonment of not less than 30
13consecutive days, or 300 hours of community service, shall be
14imposed for a violation of subsection (a-5) of Section 6-303 of
15the Illinois Vehicle Code, as provided in subsection (b-5) of
16that Section.
17    (4.8) A mandatory prison sentence shall be imposed for a
18second violation of subsection (a-5) of Section 6-303 of the
19Illinois Vehicle Code, as provided in subsection (c-5) of that
20Section. The person's driving privileges shall be revoked for a
21period of not less than 5 years from the date of his or her
22release from prison.
23    (4.9) A mandatory prison sentence of not less than 4 and
24not more than 15 years shall be imposed for a third violation
25of subsection (a-5) of Section 6-303 of the Illinois Vehicle
26Code, as provided in subsection (d-2.5) of that Section. The

 

 

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

 

 

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

 

 

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1    (10) (Blank).
2    (11) The court shall impose a minimum fine of $1,000 for a
3first offense and $2,000 for a second or subsequent offense
4upon a person convicted of or placed on supervision for battery
5when the individual harmed was a sports official or coach at
6any level of competition and the act causing harm to the sports
7official or coach occurred within an athletic facility or
8within the immediate vicinity of the athletic facility at which
9the sports official or coach was an active participant of the
10athletic contest held at the athletic facility. For the
11purposes of this paragraph (11), "sports official" means a
12person at an athletic contest who enforces the rules of the
13contest, such as an umpire or referee; "athletic facility"
14means an indoor or outdoor playing field or recreational area
15where sports activities are conducted; and "coach" means a
16person recognized as a coach by the sanctioning authority that
17conducted the sporting event.
18    (12) A person may not receive a disposition of court
19supervision for a violation of Section 5-16 of the Boat
20Registration and Safety Act if that person has previously
21received a disposition of court supervision for a violation of
22that Section.
23    (13) A person convicted of or placed on court supervision
24for an assault or aggravated assault when the victim and the
25offender are family or household members as defined in Section
26103 of the Illinois Domestic Violence Act of 1986 or convicted

 

 

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

 

 

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

 

 

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1    Probation may be revoked or modified pursuant to Section
25-6-4; except where the court determines at the hearing that
3the defendant violated a condition of his or her probation
4restricting contact with the victim or other family members or
5commits another offense with the victim or other family
6members, the court shall revoke the defendant's probation and
7impose a term of imprisonment.
8    For the purposes of this Section, "family member" and
9"victim" shall have the meanings ascribed to them in Section
1011-0.1 of the Criminal Code of 2012.
11    (f) (Blank).
12    (g) Whenever a defendant is convicted of an offense under
13Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1411-14.3, 11-14.4 except for an offense that involves keeping a
15place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
18Criminal Code of 2012, the defendant shall undergo medical
19testing to determine whether the defendant has any sexually
20transmissible disease, including a test for infection with
21human immunodeficiency virus (HIV) or any other identified
22causative agent of acquired immunodeficiency syndrome (AIDS).
23Any such medical test shall be performed only by appropriately
24licensed medical practitioners and may include an analysis of
25any bodily fluids as well as an examination of the defendant's
26person. Except as otherwise provided by law, the results of

 

 

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1such test shall be kept strictly confidential by all medical
2personnel involved in the testing and must be personally
3delivered in a sealed envelope to the judge of the court in
4which the conviction was entered for the judge's inspection in
5camera. Acting in accordance with the best interests of the
6victim and the public, the judge shall have the discretion to
7determine to whom, if anyone, the results of the testing may be
8revealed. The court shall notify the defendant of the test
9results. The court shall also notify the victim if requested by
10the victim, and if the victim is under the age of 15 and if
11requested by the victim's parents or legal guardian, the court
12shall notify the victim's parents or legal guardian of the test
13results. The court shall provide information on the
14availability of HIV testing and counseling at Department of
15Public Health facilities to all parties to whom the results of
16the testing are revealed and shall direct the State's Attorney
17to provide the information to the victim when possible. A
18State's Attorney may petition the court to obtain the results
19of any HIV test administered under this Section, and the court
20shall grant the disclosure if the State's Attorney shows it is
21relevant in order to prosecute a charge of criminal
22transmission of HIV under Section 12-5.01 or 12-16.2 of the
23Criminal Code of 1961 or the Criminal Code of 2012 against the
24defendant. The court shall order that the cost of any such test
25shall be paid by the county and may be taxed as costs against
26the convicted defendant.

 

 

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

 

 

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1information on the availability of HIV testing and counseling
2at Department of Public Health facilities to all parties to
3whom the results of the testing are revealed and shall direct
4the State's Attorney to provide the information to the victim
5when possible. A State's Attorney may petition the court to
6obtain the results of any HIV test administered under this
7Section, and the court shall grant the disclosure if the
8State's Attorney shows it is relevant in order to prosecute a
9charge of criminal transmission of HIV under Section 12-5.01 or
1012-16.2 of the Criminal Code of 1961 or the Criminal Code of
112012 against the defendant. The court shall order that the cost
12of any such test shall be paid by the county and may be taxed as
13costs against the convicted defendant.
14    (i) All fines and penalties imposed under this Section for
15any violation of Chapters 3, 4, 6, and 11 of the Illinois
16Vehicle Code, or a similar provision of a local ordinance, and
17any violation of the Child Passenger Protection Act, or a
18similar provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under Section 27.5
20of the Clerks of Courts Act.
21    (j) In cases when prosecution for any violation of Section
2211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2612-15, or 12-16 of the Criminal Code of 1961 or the Criminal

 

 

HB0188- 19 -LRB099 02695 RLC 22702 b

1Code of 2012, any violation of the Illinois Controlled
2Substances Act, any violation of the Cannabis Control Act, or
3any violation of the Methamphetamine Control and Community
4Protection Act results in conviction, a disposition of court
5supervision, or an order of probation granted under Section 10
6of the Cannabis Control Act, Section 410 of the Illinois
7Controlled Substances Act, or Section 70 of the Methamphetamine
8Control and Community Protection Act of a defendant, the court
9shall determine whether the defendant is employed by a facility
10or center as defined under the Child Care Act of 1969, a public
11or private elementary or secondary school, or otherwise works
12with children under 18 years of age on a daily basis. When a
13defendant is so employed, the court shall order the Clerk of
14the Court to send a copy of the judgment of conviction or order
15of supervision or probation to the defendant's employer by
16certified mail. If the employer of the defendant is a school,
17the Clerk of the Court shall direct the mailing of a copy of
18the judgment of conviction or order of supervision or probation
19to the appropriate regional superintendent of schools. The
20regional superintendent of schools shall notify the State Board
21of Education of any notification under this subsection.
22    (j-5) A defendant at least 17 years of age who is convicted
23of a felony and who has not been previously convicted of a
24misdemeanor or felony and who is sentenced to a term of
25imprisonment in the Illinois Department of Corrections shall as
26a condition of his or her sentence be required by the court to

 

 

HB0188- 20 -LRB099 02695 RLC 22702 b

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

 

 

HB0188- 21 -LRB099 02695 RLC 22702 b

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

 

 

HB0188- 22 -LRB099 02695 RLC 22702 b

1agent when:
2        (1) a final order of deportation has been issued
3    against the defendant pursuant to proceedings under the
4    Immigration and Nationality Act, and
5        (2) the deportation of the defendant would not
6    deprecate the seriousness of the defendant's conduct and
7    would not be inconsistent with the ends of justice.
8    (C) This subsection (l) does not apply to offenders who are
9subject to the provisions of paragraph (2) of subsection (a) of
10Section 3-6-3.
11    (D) Upon motion of the State's Attorney, if a defendant
12sentenced under this Section returns to the jurisdiction of the
13United States, the defendant shall be recommitted to the
14custody of the county from which he or she was sentenced.
15Thereafter, the defendant shall be brought before the
16sentencing court, which may impose any sentence that was
17available under Section 5-5-3 at the time of initial
18sentencing. In addition, the defendant shall not be eligible
19for additional sentence credit for good conduct as provided
20under Section 3-6-3.
21    (m) A person convicted of criminal defacement of property
22under Section 21-1.3 of the Criminal Code of 1961 or the
23Criminal Code of 2012, in which the property damage exceeds
24$300 and the property damaged is a school building, shall be
25ordered to perform community service that may include cleanup,
26removal, or painting over the defacement.

 

 

HB0188- 23 -LRB099 02695 RLC 22702 b

1    (n) The court may sentence a person convicted of a
2violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
3subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
4of 1961 or the Criminal Code of 2012 (i) to an impact
5incarceration program if the person is otherwise eligible for
6that program under Section 5-8-1.1, (ii) to community service,
7or (iii) if the person is an addict or alcoholic, as defined in
8the Alcoholism and Other Drug Abuse and Dependency Act, to a
9substance or alcohol abuse program licensed under that Act.
10    (o) Whenever a person is convicted of a sex offense as
11defined in Section 2 of the Sex Offender Registration Act, the
12defendant's driver's license or permit shall be subject to
13renewal on an annual basis in accordance with the provisions of
14license renewal established by the Secretary of State.
15(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
1697-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
171-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
18eff. 7-16-14.)

 

 

HB0188- 24 -LRB099 02695 RLC 22702 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/16-1.4 new
4    720 ILCS 5/33E-16
5    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3