Illinois General Assembly - Full Text of HB3293
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Full Text of HB3293  97th General Assembly

HB3293eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3293 EngrossedLRB097 06379 RLC 50671 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 1961 is amended by changing
5Sections 12-3.2 and 12-3.3 as follows:
 
6    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
7    Sec. 12-3.2. Domestic Battery.
8    (a) A person commits domestic battery if he intentionally
9or knowingly without legal justification by any means:
10        (1) Causes bodily harm to any family or household
11    member as defined in subsection (3) of Section 112A-3 of
12    the Code of Criminal Procedure of 1963, as amended;
13        (2) Makes physical contact of an insulting or provoking
14    nature with any family or household member as defined in
15    subsection (3) of Section 112A-3 of the Code of Criminal
16    Procedure of 1963, as amended.
17    (b) Sentence. Domestic battery is a Class A misdemeanor.
18Domestic battery is a Class 4 felony if the defendant has any
19prior conviction under this Code for domestic battery (Section
2012-3.2) or violation of an order of protection (Section 12-30),
21or any prior conviction under the law of another jurisdiction
22for an offense which is substantially similar. Domestic battery
23is a Class 4 felony if the defendant has any prior conviction

 

 

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1under this Code for first degree murder (Section 9-1), attempt
2to commit first degree murder (Section 8-4), aggravated
3domestic battery (Section 12-3.3), aggravated battery (Section
412-4), heinous battery (Section 12-4.1), aggravated battery
5with a firearm (Section 12-4.2), aggravated battery of a child
6(Section 12-4.3), aggravated battery of an unborn child
7(Section 12-4.4), aggravated battery of a senior citizen
8(Section 12-4.6), stalking (Section 12-7.3), aggravated
9stalking (Section 12-7.4), criminal sexual assault (Section
1012-13), aggravated criminal sexual assault (12-14), kidnapping
11(Section 10-1), aggravated kidnapping (Section 10-2),
12predatory criminal sexual assault of a child (Section 12-14.1),
13aggravated criminal sexual abuse (Section 12-16), unlawful
14restraint (Section 10-3), aggravated unlawful restraint
15(Section 10-3.1), aggravated arson (Section 20-1.1), or
16aggravated discharge of a firearm (Section 24-1.2), or any
17prior conviction under the law of another jurisdiction for any
18offense that is substantially similar to the offenses listed in
19this Section, when any of these offenses have been committed
20against a family or household member as defined in Section
21112A-3 of the Code of Criminal Procedure of 1963. Domestic
22battery is a Class 4 felony if the defendant has one prior
23conviction under this Code for domestic battery (Section
2412-3.2). Domestic battery is a Class 3 felony if the defendant
25had 3 prior convictions under this Code for domestic battery
26(Section 12-3.2). Domestic battery is a Class 2 felony for

 

 

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1which a sentence of probation or conditional discharge may not
2be imposed if the defendant had 4 prior convictions under this
3Code for domestic battery (Section 12-3.2). Domestic battery is
4a Class 1 felony for which a sentence of probation or
5conditional discharge may not be imposed if the defendant had 5
6prior convictions under this Code for domestic battery (Section
712-3.2). Domestic battery is a Class X felony if the defendant
8had 6 or more prior convictions under this Code for domestic
9battery (Section 12-3.2). Except when a greater sentence is
10required by this Section, in In addition to any other
11sentencing alternatives, for any second or subsequent
12conviction of violating this Section, the offender shall be
13mandatorily sentenced to a minimum of 72 consecutive hours of
14imprisonment. The imprisonment shall not be subject to
15suspension, nor shall the person be eligible for probation in
16order to reduce the sentence.
17    (c) Domestic battery committed in the presence of a child.
18In addition to any other sentencing alternatives, a defendant
19who commits, in the presence of a child, a felony domestic
20battery (enhanced under subsection (b)), aggravated domestic
21battery (Section 12-3.3), aggravated battery (Section 12-4),
22unlawful restraint (Section 10-3), or aggravated unlawful
23restraint (Section 10-3.1) against a family or household
24member, as defined in Section 112A-3 of the Code of Criminal
25Procedure of 1963, shall be required to serve a mandatory
26minimum imprisonment of 10 days or perform 300 hours of

 

 

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1community service, or both. The defendant shall further be
2liable for the cost of any counseling required for the child at
3the discretion of the court in accordance with subsection (b)
4of Section 5-5-6 of the Unified Code of Corrections. For
5purposes of this Section, "child" means a person under 18 years
6of age who is the defendant's or victim's child or step-child
7or who is a minor child residing within or visiting the
8household of the defendant or victim. For purposes of this
9Section, "in the presence of a child" means in the physical
10presence of a child or knowing or having reason to know that a
11child is present and may see or hear an act constituting one of
12the offenses listed in this subsection.
13    (d) Upon conviction of domestic battery, the court shall
14advise the defendant orally or in writing, substantially as
15follows: "An individual convicted of domestic battery may be
16subject to federal criminal penalties for possessing,
17transporting, shipping, or receiving any firearm or ammunition
18in violation of the federal Gun Control Act of 1968 (18 U.S.C.
19922(g)(8) and (9))." A notation shall be made in the court file
20that the admonition was given.
21(Source: P.A. 96-287, eff. 8-11-09.)
 
22    (720 ILCS 5/12-3.3)
23    Sec. 12-3.3. Aggravated domestic battery.
24    (a) A person who, in committing a domestic battery,
25intentionally or knowingly causes great bodily harm, or

 

 

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1permanent disability or disfigurement commits aggravated
2domestic battery.
3    (a-5) A person who, in committing a domestic battery,
4strangles another individual commits aggravated domestic
5battery. For the purposes of this subsection (a-5), "strangle"
6means intentionally impeding the normal breathing or
7circulation of the blood of an individual by applying pressure
8on the throat or neck of that individual or by blocking the
9nose or mouth of that individual.
10    (b) Sentence. Aggravated domestic battery is a Class 2
11felony. Any order of probation or conditional discharge entered
12following a conviction for an offense under this Section must
13include, in addition to any other condition of probation or
14conditional discharge, a condition that the offender serve a
15mandatory term of imprisonment of not less than 60 consecutive
16days. A person convicted of a second or subsequent violation of
17this Section must be sentenced to a mandatory term of
18imprisonment of not less than 3 years and not more than 7 years
19or an extended term of imprisonment of not less than 7 years
20and not more than 14 years. Aggravated domestic battery is a
21Class 1 felony for a third violation of this Section for which
22the person convicted must be sentenced to a mandatory term of
23imprisonment of not less than 4 years and not more than 15
24years. Aggravated domestic battery is a Class X felony for a
25fourth or subsequent violation of this Section.
26    (c) Upon conviction of aggravated domestic battery, the

 

 

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1court shall advise the defendant orally or in writing,
2substantially as follows: "An individual convicted of
3aggravated domestic battery may be subject to federal criminal
4penalties for possessing, transporting, shipping, or receiving
5any firearm or ammunition in violation of the federal Gun
6Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
7shall be made in the court file that the admonition was given.
8(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
996-1000, eff. 7-2-10.)
 
10    Section 10. The Unified Code of Corrections is amended by
11changing Section 5-5-3 as follows:
 
12    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
13    Sec. 5-5-3. Disposition.
14    (a) (Blank).
15    (b) (Blank).
16    (c) (1) (Blank).
17        (2) A period of probation, a term of periodic
18    imprisonment or conditional discharge shall not be imposed
19    for the following offenses. The court shall sentence the
20    offender to not less than the minimum term of imprisonment
21    set forth in this Code for the following offenses, and may
22    order a fine or restitution or both in conjunction with
23    such term of imprisonment:
24            (A) First degree murder where the death penalty is

 

 

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1        not imposed.
2            (B) Attempted first degree murder.
3            (C) A Class X felony.
4            (D) A violation of Section 401.1 or 407 of the
5        Illinois Controlled Substances Act, or a violation of
6        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
7        of that Act which relates to more than 5 grams of a
8        substance containing heroin, cocaine, fentanyl, 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,
14        including any state or federal conviction for an
15        offense that contained, at the time it was committed,
16        the same elements as an offense now (the date of the
17        offense committed after the prior Class 2 or greater
18        felony) classified as a Class 2 or greater felony,
19        within 10 years of the date on which the offender
20        committed the offense for which he or she is being
21        sentenced, except as otherwise provided in Section
22        40-10 of the Alcoholism and Other Drug Abuse and
23        Dependency Act.
24            (F-5) A violation of Section 24-1, 24-1.1, or
25        24-1.6 of the Criminal Code of 1961 for which
26        imprisonment is prescribed in those Sections.

 

 

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

 

 

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1        subsection (a) of Section 2 of the Firearm Owners
2        Identification Card Act.
3            (O) A violation of Section 12-6.1 of the Criminal
4        Code of 1961.
5            (P) A violation of paragraph (1), (2), (3), (4),
6        (5), or (7) of subsection (a) of Section 11-20.1 of the
7        Criminal Code of 1961.
8            (Q) A violation of Section 20-1.2 or 20-1.3 of the
9        Criminal Code of 1961.
10            (R) A violation of Section 24-3A of the Criminal
11        Code of 1961.
12            (S) (Blank).
13            (T) A second or subsequent violation of the
14        Methamphetamine Control and Community Protection Act.
15            (U) A second or subsequent violation of Section
16        6-303 of the Illinois Vehicle Code committed while his
17        or her driver's license, permit, or privilege was
18        revoked because of a violation of Section 9-3 of the
19        Criminal Code of 1961, relating to the offense of
20        reckless homicide, or a similar provision of a law of
21        another state.
22            (V) A violation of paragraph (4) of subsection (c)
23        of Section 11-20.3 of the Criminal Code of 1961.
24            (W) A violation of Section 24-3.5 of the Criminal
25        Code of 1961.
26            (X) A violation of subsection (a) of Section 31-1a

 

 

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1        of the Criminal Code of 1961.
2            (Y) A conviction for unlawful possession of a
3        firearm by a street gang member when the firearm was
4        loaded or contained firearm ammunition.
5            (Z) A Class 1 felony committed while he or she was
6        serving a term of probation or conditional discharge
7        for a felony.
8            (AA) Theft of property exceeding $500,000 and not
9        exceeding $1,000,000 in value.
10            (BB) Laundering of criminally derived property of
11        a value exceeding $500,000.
12            (CC) Knowingly selling, offering for sale, holding
13        for sale, or using 2,000 or more counterfeit items or
14        counterfeit items having a retail value in the
15        aggregate of $500,000 or more.
16            (DD) A violation of Section 12-3.2 or 12-3.3 of the
17        Criminal Code of 1961 for which imprisonment is
18        prescribed in those Sections.
19        (3) (Blank).
20        (4) A minimum term of imprisonment of not less than 10
21    consecutive days or 30 days of community service shall be
22    imposed for a violation of paragraph (c) of Section 6-303
23    of the Illinois Vehicle Code.
24        (4.1) (Blank).
25        (4.2) Except as provided in paragraphs (4.3) and (4.8)
26    of this subsection (c), a minimum of 100 hours of community

 

 

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1    service shall be imposed for a second violation of Section
2    6-303 of the Illinois Vehicle Code.
3        (4.3) A minimum term of imprisonment of 30 days or 300
4    hours of community service, as determined by the court,
5    shall be imposed for a second violation of subsection (c)
6    of Section 6-303 of the Illinois Vehicle Code.
7        (4.4) Except as provided in paragraphs (4.5), (4.6),
8    and (4.9) of this subsection (c), a minimum term of
9    imprisonment of 30 days or 300 hours of community service,
10    as determined by the court, shall be imposed for a third or
11    subsequent violation of Section 6-303 of the Illinois
12    Vehicle Code.
13        (4.5) A minimum term of imprisonment of 30 days shall
14    be imposed for a third violation of subsection (c) of
15    Section 6-303 of the Illinois Vehicle Code.
16        (4.6) Except as provided in paragraph (4.10) of this
17    subsection (c), a minimum term of imprisonment of 180 days
18    shall be imposed for a fourth or subsequent violation of
19    subsection (c) of Section 6-303 of the Illinois Vehicle
20    Code.
21        (4.7) A minimum term of imprisonment of not less than
22    30 consecutive days, or 300 hours of community service,
23    shall be imposed for a violation of subsection (a-5) of
24    Section 6-303 of the Illinois Vehicle Code, as provided in
25    subsection (b-5) of that Section.
26        (4.8) A mandatory prison sentence shall be imposed for

 

 

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1    a second violation of subsection (a-5) of Section 6-303 of
2    the Illinois Vehicle Code, as provided in subsection (c-5)
3    of that Section. The person's driving privileges shall be
4    revoked for a period of not less than 5 years from the date
5    of his or her release from prison.
6        (4.9) A mandatory prison sentence of not less than 4
7    and not more than 15 years shall be imposed for a third
8    violation of subsection (a-5) of Section 6-303 of the
9    Illinois Vehicle Code, as provided in subsection (d-2.5) of
10    that Section. The person's driving privileges shall be
11    revoked for the remainder of his or her life.
12        (4.10) A mandatory prison sentence for a Class 1 felony
13    shall be imposed, and the person shall be eligible for an
14    extended term sentence, for a fourth or subsequent
15    violation of subsection (a-5) of Section 6-303 of the
16    Illinois Vehicle Code, as provided in subsection (d-3.5) of
17    that Section. The person's driving privileges shall be
18    revoked for the remainder of his or her life.
19        (5) The court may sentence a corporation or
20    unincorporated association convicted of any offense to:
21            (A) a period of conditional discharge;
22            (B) a fine;
23            (C) make restitution to the victim under Section
24        5-5-6 of this Code.
25        (5.1) In addition to any other penalties imposed, and
26    except as provided in paragraph (5.2) or (5.3), a person

 

 

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1    convicted of violating subsection (c) of Section 11-907 of
2    the Illinois Vehicle Code shall have his or her driver's
3    license, permit, or privileges suspended for at least 90
4    days but not more than one year, if the violation resulted
5    in damage to the property of another person.
6        (5.2) In addition to any other penalties imposed, and
7    except as provided in paragraph (5.3), a person convicted
8    of violating subsection (c) of Section 11-907 of the
9    Illinois Vehicle Code shall have his or her driver's
10    license, permit, or privileges suspended for at least 180
11    days but not more than 2 years, if the violation resulted
12    in injury to another person.
13        (5.3) In addition to any other penalties imposed, a
14    person convicted of violating subsection (c) of Section
15    11-907 of the Illinois Vehicle Code shall have his or her
16    driver's license, permit, or privileges suspended for 2
17    years, if the violation resulted in the death of another
18    person.
19        (5.4) In addition to any other penalties imposed, a
20    person convicted of violating Section 3-707 of the Illinois
21    Vehicle Code shall have his or her driver's license,
22    permit, or privileges suspended for 3 months and until he
23    or she has paid a reinstatement fee of $100.
24        (5.5) In addition to any other penalties imposed, a
25    person convicted of violating Section 3-707 of the Illinois
26    Vehicle Code during a period in which his or her driver's

 

 

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

 

 

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1    indoor or outdoor playing field or recreational area where
2    sports activities are conducted; and "coach" means a person
3    recognized as a coach by the sanctioning authority that
4    conducted the sporting event.
5        (12) A person may not receive a disposition of court
6    supervision for a violation of Section 5-16 of the Boat
7    Registration and Safety Act if that person has previously
8    received a disposition of court supervision for a violation
9    of that Section.
10        (13) A person convicted of or placed on court
11    supervision for an assault or aggravated assault when the
12    victim and the offender are family or household members as
13    defined in Section 103 of the Illinois Domestic Violence
14    Act of 1986 or convicted of domestic battery or aggravated
15    domestic battery may be required to attend a Partner Abuse
16    Intervention Program under protocols set forth by the
17    Illinois Department of Human Services under such terms and
18    conditions imposed by the court. The costs of such classes
19    shall be paid by the offender.
20    (d) In any case in which a sentence originally imposed is
21vacated, the case shall be remanded to the trial court. The
22trial court shall hold a hearing under Section 5-4-1 of the
23Unified Code of Corrections which may include evidence of the
24defendant's life, moral character and occupation during the
25time since the original sentence was passed. The trial court
26shall then impose sentence upon the defendant. The trial court

 

 

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1may impose any sentence which could have been imposed at the
2original trial subject to Section 5-5-4 of the Unified Code of
3Corrections. If a sentence is vacated on appeal or on
4collateral attack due to the failure of the trier of fact at
5trial to determine beyond a reasonable doubt the existence of a
6fact (other than a prior conviction) necessary to increase the
7punishment for the offense beyond the statutory maximum
8otherwise applicable, either the defendant may be re-sentenced
9to a term within the range otherwise provided or, if the State
10files notice of its intention to again seek the extended
11sentence, the defendant shall be afforded a new trial.
12    (e) In cases where prosecution for aggravated criminal
13sexual abuse under Section 12-16 of the Criminal Code of 1961
14results in conviction of a defendant who was a family member of
15the victim at the time of the commission of the offense, the
16court shall consider the safety and welfare of the victim and
17may impose a sentence of probation only where:
18        (1) the court finds (A) or (B) or both are appropriate:
19            (A) the defendant is willing to undergo a court
20        approved counseling program for a minimum duration of 2
21        years; or
22            (B) the defendant is willing to participate in a
23        court approved plan including but not limited to the
24        defendant's:
25                (i) removal from the household;
26                (ii) restricted contact with the victim;

 

 

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1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of paying
11    for such services, if the victim was under 18 years of age
12    at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2312-12 of the Criminal Code of 1961.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,

 

 

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111-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
2of the Criminal Code of 1961, the defendant shall undergo
3medical testing to determine whether the defendant has any
4sexually transmissible disease, including a test for infection
5with human immunodeficiency virus (HIV) or any other identified
6causative agent of acquired immunodeficiency syndrome (AIDS).
7Any such medical test shall be performed only by appropriately
8licensed medical practitioners and may include an analysis of
9any bodily fluids as well as an examination of the defendant's
10person. Except as otherwise provided by law, the results of
11such test shall be kept strictly confidential by all medical
12personnel involved in the testing and must be personally
13delivered in a sealed envelope to the judge of the court in
14which the conviction was entered for the judge's inspection in
15camera. Acting in accordance with the best interests of the
16victim and the public, the judge shall have the discretion to
17determine to whom, if anyone, the results of the testing may be
18revealed. The court shall notify the defendant of the test
19results. The court shall also notify the victim if requested by
20the victim, and if the victim is under the age of 15 and if
21requested by the victim's parents or legal guardian, the court
22shall notify the victim's parents or legal guardian of the test
23results. The court shall provide information on the
24availability of HIV testing and counseling at Department of
25Public Health facilities to all parties to whom the results of
26the testing are revealed and shall direct the State's Attorney

 

 

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1to provide the information to the victim when possible. A
2State's Attorney may petition the court to obtain the results
3of any HIV test administered under this Section, and the court
4shall grant the disclosure if the State's Attorney shows it is
5relevant in order to prosecute a charge of criminal
6transmission of HIV under Section 12-16.2 of the Criminal Code
7of 1961 against the defendant. The court shall order that the
8cost of any such test shall be paid by the county and may be
9taxed as costs against the convicted defendant.
10    (g-5) When an inmate is tested for an airborne communicable
11disease, as determined by the Illinois Department of Public
12Health including but not limited to tuberculosis, the results
13of the test shall be personally delivered by the warden or his
14or her designee in a sealed envelope to the judge of the court
15in which the inmate must appear for the judge's inspection in
16camera if requested by the judge. Acting in accordance with the
17best interests of those in the courtroom, the judge shall have
18the discretion to determine what if any precautions need to be
19taken to prevent transmission of the disease in the courtroom.
20    (h) Whenever a defendant is convicted of an offense under
21Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
22defendant shall undergo medical testing to determine whether
23the defendant has been exposed to human immunodeficiency virus
24(HIV) or any other identified causative agent of acquired
25immunodeficiency syndrome (AIDS). Except as otherwise provided
26by law, the results of such test shall be kept strictly

 

 

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1confidential by all medical personnel involved in the testing
2and must be personally delivered in a sealed envelope to the
3judge of the court in which the conviction was entered for the
4judge's inspection in camera. Acting in accordance with the
5best interests of the public, the judge shall have the
6discretion to determine to whom, if anyone, the results of the
7testing may be revealed. The court shall notify the defendant
8of a positive test showing an infection with the human
9immunodeficiency virus (HIV). The court shall provide
10information on the availability of HIV testing and counseling
11at Department of Public Health facilities to all parties to
12whom the results of the testing are revealed and shall direct
13the State's Attorney to provide the information to the victim
14when possible. A State's Attorney may petition the court to
15obtain the results of any HIV test administered under this
16Section, and the court shall grant the disclosure if the
17State's Attorney shows it is relevant in order to prosecute a
18charge of criminal transmission of HIV under Section 12-16.2 of
19the Criminal Code of 1961 against the defendant. The court
20shall order that the cost of any such test shall be paid by the
21county and may be taxed as costs against the convicted
22defendant.
23    (i) All fines and penalties imposed under this Section for
24any violation of Chapters 3, 4, 6, and 11 of the Illinois
25Vehicle Code, or a similar provision of a local ordinance, and
26any violation of the Child Passenger Protection Act, or a

 

 

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1similar provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under Section 27.5
3of the Clerks of Courts Act.
4    (j) In cases when prosecution for any violation of Section
511-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
711-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
8Code of 1961, any violation of the Illinois Controlled
9Substances Act, any violation of the Cannabis Control Act, or
10any violation of the Methamphetamine Control and Community
11Protection Act results in conviction, a disposition of court
12supervision, or an order of probation granted under Section 10
13of the Cannabis Control Act, Section 410 of the Illinois
14Controlled Substance Act, or Section 70 of the Methamphetamine
15Control and Community Protection Act of a defendant, the court
16shall determine whether the defendant is employed by a facility
17or center as defined under the Child Care Act of 1969, a public
18or private elementary or secondary school, or otherwise works
19with children under 18 years of age on a daily basis. When a
20defendant is so employed, the court shall order the Clerk of
21the Court to send a copy of the judgment of conviction or order
22of supervision or probation to the defendant's employer by
23certified mail. If the employer of the defendant is a school,
24the Clerk of the Court shall direct the mailing of a copy of
25the judgment of conviction or order of supervision or probation
26to the appropriate regional superintendent of schools. The

 

 

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

 

 

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

 

 

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1    felony or misdemeanor offense, or has been placed on
2    probation under Section 10 of the Cannabis Control Act,
3    Section 410 of the Illinois Controlled Substances Act, or
4    Section 70 of the Methamphetamine Control and Community
5    Protection Act, the court may, upon motion of the State's
6    Attorney to suspend the sentence imposed, commit the
7    defendant to the custody of the Attorney General of the
8    United States or his or her designated agent when:
9            (1) a final order of deportation has been issued
10        against the defendant pursuant to proceedings under
11        the Immigration and Nationality Act, and
12            (2) the deportation of the defendant would not
13        deprecate the seriousness of the defendant's conduct
14        and would not be inconsistent with the ends of justice.
15        (C) This subsection (l) does not apply to offenders who
16    are subject to the provisions of paragraph (2) of
17    subsection (a) of Section 3-6-3.
18        (D) Upon motion of the State's Attorney, if a defendant
19    sentenced under this Section returns to the jurisdiction of
20    the United States, the defendant shall be recommitted to
21    the custody of the county from which he or she was
22    sentenced. Thereafter, the defendant shall be brought
23    before the sentencing court, which may impose any sentence
24    that was available under Section 5-5-3 at the time of
25    initial sentencing. In addition, the defendant shall not be
26    eligible for additional good conduct credit for

 

 

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1    meritorious service as provided under Section 3-6-6.
2    (m) A person convicted of criminal defacement of property
3under Section 21-1.3 of the Criminal Code of 1961, in which the
4property damage exceeds $300 and the property damaged is a
5school building, shall be ordered to perform community service
6that may include cleanup, removal, or painting over the
7defacement.
8    (n) The court may sentence a person convicted of a
9violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
10Code of 1961 (i) to an impact incarceration program if the
11person is otherwise eligible for that program under Section
125-8-1.1, (ii) to community service, or (iii) if the person is
13an addict or alcoholic, as defined in the Alcoholism and Other
14Drug Abuse and Dependency Act, to a substance or alcohol abuse
15program licensed under that Act.
16    (o) Whenever a person is convicted of a sex offense as
17defined in Section 2 of the Sex Offender Registration Act, the
18defendant's driver's license or permit shall be subject to
19renewal on an annual basis in accordance with the provisions of
20license renewal established by the Secretary of State.
21(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
2295-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
2395-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
247-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
25eff. 12-3-09; 96-1200, eff. 7-22-10.)