99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3292

 

Introduced 2/19/2016, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-95
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Unified Code of Corrections. Provides that for a person to be adjudged a habitual criminal, the first offense must have been committed when the person was 21 years of age or older. Provides that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony (rather than felony), after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony (rather than felony) was committed) classified in Illinois as a Class 2 or greater Class forcible felony (rather than felony) and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender. Provides that a period of probation, a term of periodic imprisonment or conditional discharge may be imposed for a person convicted of residential burglary. Provides that a period of probation, a term of periodic imprisonment or conditional discharge may not be imposed for controlled substance trafficking or delivery in certain specified places of more than 5 grams of a substance containing heroin, cocaine, fentanyl, or an analog thereof (rather than any manufacture, delivery, or possession with intent to manufacture or deliver these quantities of substances or 3 or more grams with respect to heroin or an analog thereof).


LRB099 20783 RLC 45462 b

 

 

A BILL FOR

 

SB3292LRB099 20783 RLC 45462 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 Unified Code of Corrections is amended by
5changing Sections 5-4.5-95 and 5-5-3 as follows:
 
6    (730 ILCS 5/5-4.5-95)
7    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
8    (a) HABITUAL CRIMINALS.
9        (1) Every person who has been twice convicted in any
10    state or federal court of an offense that contains the same
11    elements as an offense now (the date of the offense
12    committed after the 2 prior convictions) classified in
13    Illinois as a Class X felony, criminal sexual assault,
14    aggravated kidnapping, or first degree murder, and who is
15    thereafter convicted of a Class X felony, criminal sexual
16    assault, or first degree murder, committed after the 2
17    prior convictions, shall be adjudged an habitual criminal.
18        (2) The 2 prior convictions need not have been for the
19    same offense.
20        (3) Any convictions that result from or are connected
21    with the same transaction, or result from offenses
22    committed at the same time, shall be counted for the
23    purposes of this Section as one conviction.

 

 

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1        (4) This Section does not apply unless each of the
2    following requirements are satisfied:
3            (A) The third offense was committed after July 3,
4        1980.
5            (B) The third offense was committed within 20 years
6        of the date that judgment was entered on the first
7        conviction; provided, however, that time spent in
8        custody shall not be counted.
9            (C) The third offense was committed after
10        conviction on the second offense.
11            (D) The second offense was committed after
12        conviction on the first offense.
13            (E) The first offense was committed when the person
14        was 21 years of age or older.
15        (5) Anyone who, having attained the age of 18 at the
16    time of the third offense, is adjudged an habitual criminal
17    shall be sentenced to a term of natural life imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised in
23    that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

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1    offense set forth in this Section rendered against the
2    defendant. The court shall then cause the defendant to be
3    brought before it; shall inform the defendant of the
4    allegations of the statement so filed, and of his or her
5    right to a hearing before the court on the issue of that
6    former conviction and of his or her right to counsel at
7    that hearing; and unless the defendant admits such
8    conviction, shall hear and determine the issue, and shall
9    make a written finding thereon. If a sentence has
10    previously been imposed, the court may vacate that sentence
11    and impose a new sentence in accordance with this Section.
12        (7) A duly authenticated copy of the record of any
13    alleged former conviction of an offense set forth in this
14    Section shall be prima facie evidence of that former
15    conviction; and a duly authenticated copy of the record of
16    the defendant's final release or discharge from probation
17    granted, or from sentence and parole supervision (if any)
18    imposed pursuant to that former conviction, shall be prima
19    facie evidence of that release or discharge.
20        (8) Any claim that a previous conviction offered by the
21    prosecution is not a former conviction of an offense set
22    forth in this Section because of the existence of any
23    exceptions described in this Section, is waived unless duly
24    raised at the hearing on that conviction, or unless the
25    prosecution's proof shows the existence of the exceptions
26    described in this Section.

 

 

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1        (9) If the person so convicted shows to the
2    satisfaction of the court before whom that conviction was
3    had that he or she was released from imprisonment, upon
4    either of the sentences upon a pardon granted for the
5    reason that he or she was innocent, that conviction and
6    sentence shall not be considered under this Section.
7    (b) When a defendant, over the age of 21 years, is
8convicted of a Class 1 or Class 2 forcible felony, after having
9twice been convicted in any state or federal court of an
10offense that contains the same elements as an offense now (the
11date the Class 1 or Class 2 forcible felony was committed)
12classified in Illinois as a Class 2 or greater Class forcible
13felony and those charges are separately brought and tried and
14arise out of different series of acts, that defendant shall be
15sentenced as a Class X offender. This subsection does not apply
16unless:
17        (1) the first forcible felony was committed after
18    February 1, 1978 (the effective date of Public Act
19    80-1099);
20        (2) the second forcible felony was committed after
21    conviction on the first; and
22        (3) the third forcible felony was committed after
23    conviction on the second.
24    A person sentenced as a Class X offender under this
25subsection (b) is not eligible to apply for treatment as a
26condition of probation as provided by Section 40-10 of the

 

 

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1Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
2301/40-10).
3(Source: P.A. 99-69, eff. 1-1-16.)
 
4    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
5    Sec. 5-5-3. Disposition.
6    (a) (Blank).
7    (b) (Blank).
8    (c) (1) (Blank).
9    (2) A period of probation, a term of periodic imprisonment
10or conditional discharge shall not be imposed for the following
11offenses. The court shall sentence the offender to not less
12than the minimum term of imprisonment set forth in this Code
13for the following offenses, and may order a fine or restitution
14or both in conjunction with such term of imprisonment:
15        (A) First degree murder where the death penalty is not
16    imposed.
17        (B) Attempted first degree murder.
18        (C) A Class X felony.
19        (D) A violation of Section 401.1 or 407 of the Illinois
20    Controlled Substances Act, or a violation of subdivision
21    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
22    to more than 5 grams of a substance containing heroin,
23    cocaine, fentanyl, or an analog thereof.
24        (D-5) (Blank). A violation of subdivision (c)(1) of
25    Section 401 of the Illinois Controlled Substances Act which

 

 

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1    relates to 3 or more grams of a substance containing heroin
2    or an analog thereof.
3        (E) A violation of Section 5.1 or 9 of the Cannabis
4    Control Act.
5        (F) A Class 2 or greater felony if the offender had
6    been convicted of a Class 2 or greater felony, including
7    any state or federal conviction for an offense that
8    contained, at the time it was committed, the same elements
9    as an offense now (the date of the offense committed after
10    the prior Class 2 or greater felony) classified as a Class
11    2 or greater felony, within 10 years of the date on which
12    the offender committed the offense for which he or she is
13    being sentenced, except as otherwise provided in Section
14    40-10 of the Alcoholism and Other Drug Abuse and Dependency
15    Act.
16        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
17    the Criminal Code of 1961 or the Criminal Code of 2012 for
18    which imprisonment is prescribed in those Sections.
19        (G) (Blank). Residential burglary, except as otherwise
20    provided in Section 40-10 of the Alcoholism and Other Drug
21    Abuse and Dependency Act.
22        (H) Criminal sexual assault.
23        (I) Aggravated battery of a senior citizen as described
24    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
25    of the Criminal Code of 1961 or the Criminal Code of 2012.
26        (J) A forcible felony if the offense was related to the

 

 

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1    activities of an organized gang.
2        Before July 1, 1994, for the purposes of this
3    paragraph, "organized gang" means an association of 5 or
4    more persons, with an established hierarchy, that
5    encourages members of the association to perpetrate crimes
6    or provides support to the members of the association who
7    do commit crimes.
8        Beginning July 1, 1994, for the purposes of this
9    paragraph, "organized gang" has the meaning ascribed to it
10    in Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (K) Vehicular hijacking.
13        (L) A second or subsequent conviction for the offense
14    of hate crime when the underlying offense upon which the
15    hate crime is based is felony aggravated assault or felony
16    mob action.
17        (M) A second or subsequent conviction for the offense
18    of institutional vandalism if the damage to the property
19    exceeds $300.
20        (N) A Class 3 felony violation of paragraph (1) of
21    subsection (a) of Section 2 of the Firearm Owners
22    Identification Card Act.
23        (O) A violation of Section 12-6.1 or 12-6.5 of the
24    Criminal Code of 1961 or the Criminal Code of 2012.
25        (P) A violation of paragraph (1), (2), (3), (4), (5),
26    or (7) of subsection (a) of Section 11-20.1 of the Criminal

 

 

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

 

 

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

 

 

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1    firearm is aimed toward the person against whom the firearm
2    is being used.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court, shall be imposed for a third or subsequent violation of
21Section 6-303 of the Illinois Vehicle Code.
22    (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

 

 

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1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3    (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303 of
6the Illinois Vehicle Code, as provided in subsection (b-5) of
7that Section.
8    (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for a
12period of not less than 5 years from the date of his or her
13release from prison.
14    (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation of
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
24as provided in subsection (d-3.5) of that Section. The person's
25driving privileges shall be revoked for the remainder of his or
26her life.

 

 

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1    (5) The court may sentence a corporation or unincorporated
2association convicted of any offense to:
3        (A) a period of conditional discharge;
4        (B) a fine;
5        (C) make restitution to the victim under Section 5-5-6
6    of this Code.
7    (5.1) In addition to any other penalties imposed, and
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14    (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit, or
18privileges suspended for at least 180 days but not more than 2
19years, if the violation resulted in injury to another person.
20    (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25    (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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1Code shall have his or her driver's license, permit, or
2privileges suspended for 3 months and until he or she has paid
3a reinstatement fee of $100.
4    (5.5) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code during a period in which his or her driver's license,
7permit, or privileges were suspended for a previous violation
8of that Section shall have his or her driver's license, permit,
9or privileges suspended for an additional 6 months after the
10expiration of the original 3-month suspension and until he or
11she has paid a reinstatement fee of $100.
12    (6) (Blank).
13    (7) (Blank).
14    (8) (Blank).
15    (9) A defendant convicted of a second or subsequent offense
16of ritualized abuse of a child may be sentenced to a term of
17natural life imprisonment.
18    (10) (Blank).
19    (11) The court shall impose a minimum fine of $1,000 for a
20first offense and $2,000 for a second or subsequent offense
21upon a person convicted of or placed on supervision for battery
22when the individual harmed was a sports official or coach at
23any level of competition and the act causing harm to the sports
24official or coach occurred within an athletic facility or
25within the immediate vicinity of the athletic facility at which
26the sports official or coach was an active participant of the

 

 

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1athletic contest held at the athletic facility. For the
2purposes of this paragraph (11), "sports official" means a
3person at an athletic contest who enforces the rules of the
4contest, such as an umpire or referee; "athletic facility"
5means an indoor or outdoor playing field or recreational area
6where sports activities are conducted; and "coach" means a
7person recognized as a coach by the sanctioning authority that
8conducted the sporting event.
9    (12) A person may not receive a disposition of court
10supervision for a violation of Section 5-16 of the Boat
11Registration and Safety Act if that person has previously
12received a disposition of court supervision for a violation of
13that Section.
14    (13) A person convicted of or placed on court supervision
15for an assault or aggravated assault when the victim and the
16offender are family or household members as defined in Section
17103 of the Illinois Domestic Violence Act of 1986 or convicted
18of domestic battery or aggravated domestic battery may be
19required to attend a Partner Abuse Intervention Program under
20protocols set forth by the Illinois Department of Human
21Services under such terms and conditions imposed by the court.
22The costs of such classes shall be paid by the offender.
23    (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of the
26Unified Code of Corrections which may include evidence of the

 

 

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1defendant's life, moral character and occupation during the
2time since the original sentence was passed. The trial court
3shall then impose sentence upon the defendant. The trial court
4may impose any sentence which could have been imposed at the
5original trial subject to Section 5-5-4 of the Unified Code of
6Corrections. If a sentence is vacated on appeal or on
7collateral attack due to the failure of the trier of fact at
8trial to determine beyond a reasonable doubt the existence of a
9fact (other than a prior conviction) necessary to increase the
10punishment for the offense beyond the statutory maximum
11otherwise applicable, either the defendant may be re-sentenced
12to a term within the range otherwise provided or, if the State
13files notice of its intention to again seek the extended
14sentence, the defendant shall be afforded a new trial.
15    (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall consider
20the safety and welfare of the victim and may impose a sentence
21of probation only where:
22        (1) the court finds (A) or (B) or both are appropriate:
23            (A) the defendant is willing to undergo a court
24        approved counseling program for a minimum duration of 2
25        years; or
26            (B) the defendant is willing to participate in a

 

 

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1        court approved plan including but not limited to the
2        defendant's:
3                (i) removal from the household;
4                (ii) restricted contact with the victim;
5                (iii) continued financial support of the
6            family;
7                (iv) restitution for harm done to the victim;
8            and
9                (v) compliance with any other measures that
10            the court may deem appropriate; and
11        (2) the court orders the defendant to pay for the
12    victim's counseling services, to the extent that the court
13    finds, after considering the defendant's income and
14    assets, that the defendant is financially capable of paying
15    for such services, if the victim was under 18 years of age
16    at the time the offense was committed and requires
17    counseling as a result of the offense.
18    Probation may be revoked or modified pursuant to Section
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose a term of imprisonment.
25    For the purposes of this Section, "family member" and
26"victim" shall have the meanings ascribed to them in Section

 

 

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111-0.1 of the Criminal Code of 2012.
2    (f) (Blank).
3    (g) Whenever a defendant is convicted of an offense under
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
511-14.3, 11-14.4 except for an offense that involves keeping a
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the defendant shall undergo medical
10testing to determine whether the defendant has any sexually
11transmissible disease, including a test for infection with
12human immunodeficiency virus (HIV) or any other identified
13causative agent of acquired immunodeficiency syndrome (AIDS).
14Any such medical test shall be performed only by appropriately
15licensed medical practitioners and may include an analysis of
16any bodily fluids as well as an examination of the defendant's
17person. Except as otherwise provided by law, the results of
18such test shall be kept strictly confidential by all medical
19personnel involved in the testing and must be personally
20delivered in a sealed envelope to the judge of the court in
21which the conviction was entered for the judge's inspection in
22camera. Acting in accordance with the best interests of the
23victim and the public, the judge shall have the discretion to
24determine to whom, if anyone, the results of the testing may be
25revealed. The court shall notify the defendant of the test
26results. The court shall also notify the victim if requested by

 

 

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1the victim, and if the victim is under the age of 15 and if
2requested by the victim's parents or legal guardian, the court
3shall notify the victim's parents or legal guardian of the test
4results. The court shall provide information on the
5availability of HIV testing and counseling at Department of
6Public Health facilities to all parties to whom the results of
7the testing are revealed and shall direct the State's Attorney
8to provide the information to the victim when possible. A
9State's Attorney may petition the court to obtain the results
10of any HIV test administered under this Section, and the court
11shall grant the disclosure if the State's Attorney shows it is
12relevant in order to prosecute a charge of criminal
13transmission of HIV under Section 12-5.01 or 12-16.2 of the
14Criminal Code of 1961 or the Criminal Code of 2012 against the
15defendant. The court shall order that the cost of any such test
16shall be paid by the county and may be taxed as costs against
17the convicted defendant.
18    (g-5) When an inmate is tested for an airborne communicable
19disease, as determined by the Illinois Department of Public
20Health including but not limited to tuberculosis, the results
21of the test shall be personally delivered by the warden or his
22or her designee in a sealed envelope to the judge of the court
23in which the inmate must appear for the judge's inspection in
24camera if requested by the judge. Acting in accordance with the
25best interests of those in the courtroom, the judge shall have
26the discretion to determine what if any precautions need to be

 

 

SB3292- 19 -LRB099 20783 RLC 45462 b

1taken to prevent transmission of the disease in the courtroom.
2    (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01 or

 

 

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112-16.2 of the Criminal Code of 1961 or the Criminal Code of
22012 against the defendant. The court shall order that the cost
3of any such test shall be paid by the county and may be taxed as
4costs against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under Section 27.5
11of the Clerks of Courts Act.
12    (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the Methamphetamine
25Control and Community Protection Act of a defendant, the court
26shall determine whether the defendant is employed by a facility

 

 

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1or center as defined under the Child Care Act of 1969, a public
2or private elementary or secondary school, or otherwise works
3with children under 18 years of age on a daily basis. When a
4defendant is so employed, the court shall order the Clerk of
5the Court to send a copy of the judgment of conviction or order
6of supervision or probation to the defendant's employer by
7certified mail. If the employer of the defendant is a school,
8the Clerk of the Court shall direct the mailing of a copy of
9the judgment of conviction or order of supervision or probation
10to the appropriate regional superintendent of schools. The
11regional superintendent of schools shall notify the State Board
12of Education of any notification under this subsection.
13    (j-5) A defendant at least 17 years of age who is convicted
14of a felony and who has not been previously convicted of a
15misdemeanor or felony and who is sentenced to a term of
16imprisonment in the Illinois Department of Corrections shall as
17a condition of his or her sentence be required by the court to
18attend educational courses designed to prepare the defendant
19for a high school diploma and to work toward a high school
20diploma or to work toward passing high school equivalency
21testing or to work toward completing a vocational training
22program offered by the Department of Corrections. If a
23defendant fails to complete the educational training required
24by his or her sentence during the term of incarceration, the
25Prisoner Review Board shall, as a condition of mandatory
26supervised release, require the defendant, at his or her own

 

 

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1expense, to pursue a course of study toward a high school
2diploma or passage of high school equivalency testing. The
3Prisoner Review Board shall revoke the mandatory supervised
4release of a defendant who wilfully fails to comply with this
5subsection (j-5) upon his or her release from confinement in a
6penal institution while serving a mandatory supervised release
7term; however, the inability of the defendant after making a
8good faith effort to obtain financial aid or pay for the
9educational training shall not be deemed a wilful failure to
10comply. The Prisoner Review Board shall recommit the defendant
11whose mandatory supervised release term has been revoked under
12this subsection (j-5) as provided in Section 3-3-9. This
13subsection (j-5) does not apply to a defendant who has a high
14school diploma or has successfully passed high school
15equivalency testing. This subsection (j-5) does not apply to a
16defendant who is determined by the court to be a person with a
17developmental disability or otherwise mentally incapable of
18completing the educational or vocational program.
19    (k) (Blank).
20    (l) (A) Except as provided in paragraph (C) of subsection
21(l), whenever a defendant, who is an alien as defined by the
22Immigration and Nationality Act, is convicted of any felony or
23misdemeanor offense, the court after sentencing the defendant
24may, upon motion of the State's Attorney, hold sentence in
25abeyance and remand the defendant to the custody of the
26Attorney General of the United States or his or her designated

 

 

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1agent to be deported 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    Otherwise, the defendant shall be sentenced as provided in
9this Chapter V.
10    (B) If the defendant has already been sentenced for a
11felony or misdemeanor offense, or has been placed on probation
12under Section 10 of the Cannabis Control Act, Section 410 of
13the Illinois Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act, the
15court may, upon motion of the State's Attorney to suspend the
16sentence imposed, commit the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent when:
19        (1) a final order of deportation has been issued
20    against the defendant pursuant to proceedings under the
21    Immigration and Nationality Act, and
22        (2) the deportation of the defendant would not
23    deprecate the seriousness of the defendant's conduct and
24    would not be inconsistent with the ends of justice.
25    (C) This subsection (l) does not apply to offenders who are
26subject to the provisions of paragraph (2) of subsection (a) of

 

 

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1Section 3-6-3.
2    (D) Upon motion of the State's Attorney, if a defendant
3sentenced under this Section returns to the jurisdiction of the
4United States, the defendant shall be recommitted to the
5custody of the county from which he or she was sentenced.
6Thereafter, the defendant shall be brought before the
7sentencing court, which may impose any sentence that was
8available under Section 5-5-3 at the time of initial
9sentencing. In addition, the defendant shall not be eligible
10for additional sentence credit for good conduct as provided
11under Section 3-6-3.
12    (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18    (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person is an addict or alcoholic, as defined in
25the Alcoholism and Other Drug Abuse and Dependency Act, to a
26substance or alcohol abuse program licensed under that Act.

 

 

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1    (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions of
5license renewal established by the Secretary of State.
6(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
799-143, eff. 7-27-15.)