Illinois General Assembly - Full Text of HB6327
Illinois General Assembly

Previous General Assemblies

Full Text of HB6327  95th General Assembly

HB6327 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6327

 

Introduced , by Rep. Dennis M. Reboletti - Elizabeth Coulson - Bob Biggins - Ronald A. Wait - Patricia R. Bellock, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3.5
730 ILCS 5/5-5-3   from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 1961. Provides that a person who commits the offense of unlawful purchase of a firearm is guilty of a Class 1 non-probationable felony if any firearm that is purchased is used to commit an act of domestic violence. Amends the Unified Code of Corrections. Provides that a person who commits such offense is ineligible for period of probation, a term of periodic imprisonment or conditional discharge.


LRB095 20595 RLC 48622 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6327 LRB095 20595 RLC 48622 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-3.5 as follows:
 
6     (720 ILCS 5/24-3.5)
7     Sec. 24-3.5. Unlawful purchase of a firearm.
8     (a) For purposes of this Section, "firearms transaction
9 record form" means a form:
10         (1) executed by a transferee of a firearm stating: (i)
11     the transferee's name and address (including county or
12     similar political subdivision); (ii) whether the
13     transferee is a citizen of the United States; (iii) the
14     transferee's State of residence; and (iv) the date and
15     place of birth, height, weight, and race of the transferee;
16     and
17         (2) on which the transferee certifies that he or she is
18     not prohibited by federal law from transporting or shipping
19     a firearm in interstate or foreign commerce or receiving a
20     firearm that has been shipped or transported in interstate
21     or foreign commerce or possessing a firearm in or affecting
22     commerce.
23     (b) A person commits the offense of unlawful purchase of a

 

 

HB6327 - 2 - LRB095 20595 RLC 48622 b

1 firearm who knowingly purchases or attempts to purchase a
2 firearm with the intent to deliver that firearm to another
3 person who is prohibited by federal or State law from
4 possessing a firearm.
5     (c) A person commits the offense of unlawful purchase of a
6 firearm when he or she, in purchasing or attempting to purchase
7 a firearm, intentionally provides false or misleading
8 information on a United States Department of the Treasury,
9 Bureau of Alcohol, Tobacco and Firearms firearms transaction
10 record form.
11     (d) Exemption. It is not a violation of subsection (b) of
12 this Section for a person to make a gift or loan of a firearm to
13 a person who is not prohibited by federal or State law from
14 possessing a firearm if the transfer of the firearm is made in
15 accordance with Section 3 of the Firearm Owners Identification
16 Card Act.
17     (e) Sentence.
18         (1) Except as otherwise provided in paragraph (1.5) of
19     this subsection (e), a A person who commits the offense of
20     unlawful purchase of a firearm:
21             (A) is guilty of a Class 4 felony for purchasing or
22         attempting to purchase one firearm;
23             (B) is guilty of a Class 3 felony for purchasing or
24         attempting to purchase not less than 2 firearms and not
25         more than 5 firearms at the same time or within a one
26         year period;

 

 

HB6327 - 3 - LRB095 20595 RLC 48622 b

1             (C) is guilty of a Class 2 felony for purchasing or
2         attempting to purchase not less than 6 firearms and not
3         more than 10 firearms at the same time or within a 2
4         year period;
5             (D) is guilty of a Class 1 felony for purchasing or
6         attempting to purchase not less than 11 firearms and
7         not more than 20 firearms at the same time or within a
8         3 year period;
9             (E) is guilty of a Class X felony for which the
10         person shall be sentenced to a term of imprisonment of
11         not less than 6 years and not more than 30 years for
12         purchasing or attempting to purchase not less than 21
13         firearms and not more than 30 firearms at the same time
14         or within a 4 year period;
15             (F) is guilty of a Class X felony for which the
16         person shall be sentenced to a term of imprisonment of
17         not less than 6 years and not more than 40 years for
18         purchasing or attempting to purchase not less than 31
19         firearms and not more than 40 firearms at the same time
20         or within a 5 year period;
21             (G) is guilty of a Class X felony for which the
22         person shall be sentenced to a term of imprisonment of
23         not less than 6 years and not more than 50 years for
24         purchasing or attempting to purchase more than 40
25         firearms at the same time or within a 6 year period.
26         (1.5) A person who commits the offense of unlawful

 

 

HB6327 - 4 - LRB095 20595 RLC 48622 b

1     purchase of a firearm is guilty of a Class 1
2     non-probationable felony if any firearm that is purchased
3     is used to commit an act of domestic violence as defined in
4     Section 112A-3 of the Code of Criminal Procedure of 1963.
5         (2) In addition to any other penalty that may be
6     imposed for a violation of this Section, the court may
7     sentence a person convicted of a violation of subsection
8     (c) of this Section to a fine not to exceed $250,000 for
9     each violation.
10     (f) A prosecution for unlawful purchase of a firearm may be
11 commenced within 6 years after the commission of the offense.
12 (Source: P.A. 93-451, eff. 8-7-03; 93-906, eff. 8-11-04.)
 
13     Section 10. The Unified Code of Corrections is amended by
14 changing Section 5-5-3 as follows:
 
15     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
16     (Text of Section after amendment by P.A. 95-579)
17     Sec. 5-5-3. Disposition.
18     (a) Except as provided in Section 11-501 of the Illinois
19 Vehicle Code, every person convicted of an offense shall be
20 sentenced as provided in this Section.
21     (b) The following options shall be appropriate
22 dispositions, alone or in combination, for all felonies and
23 misdemeanors other than those identified in subsection (c) of
24 this Section:

 

 

HB6327 - 5 - LRB095 20595 RLC 48622 b

1         (1) A period of probation.
2         (2) A term of periodic imprisonment.
3         (3) A term of conditional discharge.
4         (4) A term of imprisonment.
5         (5) An order directing the offender to clean up and
6     repair the damage, if the offender was convicted under
7     paragraph (h) of Section 21-1 of the Criminal Code of 1961
8     (now repealed).
9         (6) A fine.
10         (7) An order directing the offender to make restitution
11     to the victim under Section 5-5-6 of this Code.
12         (8) A sentence of participation in a county impact
13     incarceration program under Section 5-8-1.2 of this Code.
14         (9) A term of imprisonment in combination with a term
15     of probation when the offender has been admitted into a
16     drug court program under Section 20 of the Drug Court
17     Treatment Act.
18     Neither a fine nor restitution shall be the sole
19 disposition for a felony and either or both may be imposed only
20 in conjunction with another disposition.
21     (c) (1) When a defendant is found guilty of first degree
22     murder the State may either seek a sentence of imprisonment
23     under Section 5-8-1 of this Code, or where appropriate seek
24     a sentence of death under Section 9-1 of the Criminal Code
25     of 1961.
26         (2) A period of probation, a term of periodic

 

 

HB6327 - 6 - LRB095 20595 RLC 48622 b

1     imprisonment or conditional discharge shall not be imposed
2     for the following offenses. The court shall sentence the
3     offender to not less than the minimum term of imprisonment
4     set forth in this Code for the following offenses, and may
5     order a fine or restitution or both in conjunction with
6     such term of imprisonment:
7             (A) First degree murder where the death penalty is
8         not imposed.
9             (B) Attempted first degree murder.
10             (C) A Class X felony.
11             (D) A violation of Section 401.1 or 407 of the
12         Illinois Controlled Substances Act, or a violation of
13         subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
14         of that Act which relates to more than 5 grams of a
15         substance containing heroin, cocaine, fentanyl, or an
16         analog thereof.
17             (E) A violation of Section 5.1 or 9 of the Cannabis
18         Control Act.
19             (F) A Class 2 or greater felony if the offender had
20         been convicted of a Class 2 or greater felony within 10
21         years of the date on which the offender committed the
22         offense for which he or she is being sentenced, except
23         as otherwise provided in Section 40-10 of the
24         Alcoholism and Other Drug Abuse and Dependency Act.
25             (F-5) A violation of Section 24-1, 24-1.1, or
26         24-1.6 of the Criminal Code of 1961 for which

 

 

HB6327 - 7 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 8 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 9 - LRB095 20595 RLC 48622 b

1         to commit an act of domestic violence as defined in
2         Section 112A-3 of the Code of Criminal Procedure of
3         1963.
4         (3) (Blank).
5         (4) A minimum term of imprisonment of not less than 10
6     consecutive days or 30 days of community service shall be
7     imposed for a violation of paragraph (c) of Section 6-303
8     of the Illinois Vehicle Code.
9         (4.1) (Blank).
10         (4.2) Except as provided in paragraphs (4.3) and (4.8)
11     of this subsection (c), a minimum of 100 hours of community
12     service shall be imposed for a second violation of Section
13     6-303 of the Illinois Vehicle Code.
14         (4.3) A minimum term of imprisonment of 30 days or 300
15     hours of community service, as determined by the court,
16     shall be imposed for a second violation of subsection (c)
17     of Section 6-303 of the Illinois Vehicle Code.
18         (4.4) Except as provided in paragraphs (4.5), (4.6),
19     and (4.9) of this subsection (c), a minimum term of
20     imprisonment of 30 days or 300 hours of community service,
21     as determined by the court, shall be imposed for a third or
22     subsequent violation of Section 6-303 of the Illinois
23     Vehicle Code.
24         (4.5) A minimum term of imprisonment of 30 days shall
25     be imposed for a third violation of subsection (c) of
26     Section 6-303 of the Illinois Vehicle Code.

 

 

HB6327 - 10 - LRB095 20595 RLC 48622 b

1         (4.6) Except as provided in paragraph (4.10) of this
2     subsection (c), a minimum term of imprisonment of 180 days
3     shall be imposed for a fourth or subsequent violation of
4     subsection (c) of Section 6-303 of the Illinois Vehicle
5     Code.
6         (4.7) A minimum term of imprisonment of not less than
7     30 consecutive days, or 300 hours of community service,
8     shall be imposed for a violation of subsection (a-5) of
9     Section 6-303 of the Illinois Vehicle Code, as provided in
10     subsection (b-5) of that Section.
11         (4.8) A mandatory prison sentence shall be imposed for
12     a second violation of subsection (a-5) of Section 6-303 of
13     the Illinois Vehicle Code, as provided in subsection (c-5)
14     of that Section. The person's driving privileges shall be
15     revoked for a period of not less than 5 years from the date
16     of his or her release from prison.
17         (4.9) A mandatory prison sentence of not less than 4
18     and not more than 15 years shall be imposed for a third
19     violation of subsection (a-5) of Section 6-303 of the
20     Illinois Vehicle Code, as provided in subsection (d-2.5) of
21     that Section. The person's driving privileges shall be
22     revoked for the remainder of his or her life.
23         (4.10) A mandatory prison sentence for a Class 1 felony
24     shall be imposed, and the person shall be eligible for an
25     extended term sentence, for a fourth or subsequent
26     violation of subsection (a-5) of Section 6-303 of the

 

 

HB6327 - 11 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 12 - LRB095 20595 RLC 48622 b

1         (5.3) In addition to any penalties imposed under
2     paragraph (5) of this subsection (c), a person convicted of
3     violating subsection (c) of Section 11-907 of the Illinois
4     Vehicle Code shall have his or her driver's license,
5     permit, or privileges suspended for 2 years, if the
6     violation resulted in the death of another person.
7         (5.4) In addition to any penalties imposed under
8     paragraph (5) of this subsection (c), a person convicted of
9     violating Section 3-707 of the Illinois Vehicle Code shall
10     have his or her driver's license, permit, or privileges
11     suspended for 3 months and until he or she has paid a
12     reinstatement fee of $100.
13         (5.5) In addition to any penalties imposed under
14     paragraph (5) of this subsection (c), a person convicted of
15     violating Section 3-707 of the Illinois Vehicle Code during
16     a period in which his or her driver's license, permit, or
17     privileges were suspended for a previous violation of that
18     Section shall have his or her driver's license, permit, or
19     privileges suspended for an additional 6 months after the
20     expiration of the original 3-month suspension and until he
21     or she has paid a reinstatement fee of $100.
22         (6) In no case shall an offender be eligible for a
23     disposition of probation or conditional discharge for a
24     Class 1 felony committed while he was serving a term of
25     probation or conditional discharge for a felony.
26         (7) When a defendant is adjudged a habitual criminal

 

 

HB6327 - 13 - LRB095 20595 RLC 48622 b

1     under Article 33B of the Criminal Code of 1961, the court
2     shall sentence the defendant to a term of natural life
3     imprisonment.
4         (8) When a defendant, over the age of 21 years, is
5     convicted of a Class 1 or Class 2 felony, after having
6     twice been convicted in any state or federal court of an
7     offense that contains the same elements as an offense now
8     classified in Illinois as a Class 2 or greater Class felony
9     and such charges are separately brought and tried and arise
10     out of different series of acts, such defendant shall be
11     sentenced as a Class X offender. This paragraph shall not
12     apply unless (1) the first felony was committed after the
13     effective date of this amendatory Act of 1977; and (2) the
14     second felony was committed after conviction on the first;
15     and (3) the third felony was committed after conviction on
16     the second. A person sentenced as a Class X offender under
17     this paragraph is not eligible to apply for treatment as a
18     condition of probation as provided by Section 40-10 of the
19     Alcoholism and Other Drug Abuse and Dependency Act.
20         (9) A defendant convicted of a second or subsequent
21     offense of ritualized abuse of a child may be sentenced to
22     a term of natural life imprisonment.
23         (10) (Blank).
24         (11) The court shall impose a minimum fine of $1,000
25     for a first offense and $2,000 for a second or subsequent
26     offense upon a person convicted of or placed on supervision

 

 

HB6327 - 14 - LRB095 20595 RLC 48622 b

1     for battery when the individual harmed was a sports
2     official or coach at any level of competition and the act
3     causing harm to the sports official or coach occurred
4     within an athletic facility or within the immediate
5     vicinity of the athletic facility at which the sports
6     official or coach was an active participant of the athletic
7     contest held at the athletic facility. For the purposes of
8     this paragraph (11), "sports official" means a person at an
9     athletic contest who enforces the rules of the contest,
10     such as an umpire or referee; "athletic facility" means an
11     indoor or outdoor playing field or recreational area where
12     sports activities are conducted; and "coach" means a person
13     recognized as a coach by the sanctioning authority that
14     conducted the sporting event.
15         (12) A person may not receive a disposition of court
16     supervision for a violation of Section 5-16 of the Boat
17     Registration and Safety Act if that person has previously
18     received a disposition of court supervision for a violation
19     of that Section.
20         (13) A person convicted of or placed on court
21     supervision for an assault or aggravated assault when the
22     victim and the offender are family or household members as
23     defined in Section 103 of the Illinois Domestic Violence
24     Act of 1986 or convicted of domestic battery or aggravated
25     domestic battery may be required to attend a Partner Abuse
26     Intervention Program under protocols set forth by the

 

 

HB6327 - 15 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 16 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 17 - LRB095 20595 RLC 48622 b

1 restricting contact with the victim or other family members or
2 commits another offense with the victim or other family
3 members, the court shall revoke the defendant's probation and
4 impose a term of imprisonment.
5     For the purposes of this Section, "family member" and
6 "victim" shall have the meanings ascribed to them in Section
7 12-12 of the Criminal Code of 1961.
8     (f) This Article shall not deprive a court in other
9 proceedings to order a forfeiture of property, to suspend or
10 cancel a license, to remove a person from office, or to impose
11 any other civil penalty.
12     (g) Whenever a defendant is convicted of an offense under
13 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
14 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
15 of the Criminal Code of 1961, the defendant shall undergo
16 medical testing to determine whether the defendant has any
17 sexually transmissible disease, including a test for infection
18 with human immunodeficiency virus (HIV) or any other identified
19 causative agent of acquired immunodeficiency syndrome (AIDS).
20 Any such medical test shall be performed only by appropriately
21 licensed medical practitioners and may include an analysis of
22 any bodily fluids as well as an examination of the defendant's
23 person. Except as otherwise provided by law, the results of
24 such test shall be kept strictly confidential by all medical
25 personnel involved in the testing and must be personally
26 delivered in a sealed envelope to the judge of the court in

 

 

HB6327 - 18 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 19 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 20 - LRB095 20595 RLC 48622 b

1 when possible. A State's Attorney may petition the court to
2 obtain the results of any HIV test administered under this
3 Section, and the court shall grant the disclosure if the
4 State's Attorney shows it is relevant in order to prosecute a
5 charge of criminal transmission of HIV under Section 12-16.2 of
6 the Criminal Code of 1961 against the defendant. The court
7 shall order that the cost of any such test shall be paid by the
8 county and may be taxed as costs against the convicted
9 defendant.
10     (i) All fines and penalties imposed under this Section for
11 any violation of Chapters 3, 4, 6, and 11 of the Illinois
12 Vehicle Code, or a similar provision of a local ordinance, and
13 any violation of the Child Passenger Protection Act, or a
14 similar provision of a local ordinance, shall be collected and
15 disbursed by the circuit clerk as provided under Section 27.5
16 of the Clerks of Courts Act.
17     (j) In cases when prosecution for any violation of Section
18 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
19 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
20 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
21 Code of 1961, any violation of the Illinois Controlled
22 Substances Act, any violation of the Cannabis Control Act, or
23 any violation of the Methamphetamine Control and Community
24 Protection Act results in conviction, a disposition of court
25 supervision, or an order of probation granted under Section 10
26 of the Cannabis Control Act, Section 410 of the Illinois

 

 

HB6327 - 21 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 22 - LRB095 20595 RLC 48622 b

1 educational training required by his or her sentence during the
2 term of incarceration, the Prisoner Review Board shall, as a
3 condition of mandatory supervised release, require the
4 defendant, at his or her own expense, to pursue a course of
5 study toward a high school diploma or passage of the GED test.
6 The Prisoner Review Board shall revoke the mandatory supervised
7 release of a defendant who wilfully fails to comply with this
8 subsection (j-5) upon his or her release from confinement in a
9 penal institution while serving a mandatory supervised release
10 term; however, the inability of the defendant after making a
11 good faith effort to obtain financial aid or pay for the
12 educational training shall not be deemed a wilful failure to
13 comply. The Prisoner Review Board shall recommit the defendant
14 whose mandatory supervised release term has been revoked under
15 this subsection (j-5) as provided in Section 3-3-9. This
16 subsection (j-5) does not apply to a defendant who has a high
17 school diploma or has successfully passed the GED test. This
18 subsection (j-5) does not apply to a defendant who is
19 determined by the court to be developmentally disabled or
20 otherwise mentally incapable of completing the educational or
21 vocational program.
22     (k) A court may not impose a sentence or disposition for a
23 felony or misdemeanor that requires the defendant to be
24 implanted or injected with or to use any form of birth control.
25     (l) (A) Except as provided in paragraph (C) of subsection
26     (l), whenever a defendant, who is an alien as defined by

 

 

HB6327 - 23 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 24 - LRB095 20595 RLC 48622 b

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

 

 

HB6327 - 25 - LRB095 20595 RLC 48622 b

1 5-8-1.1, (ii) to community service, or (iii) if the person is
2 an addict or alcoholic, as defined in the Alcoholism and Other
3 Drug Abuse and Dependency Act, to a substance or alcohol abuse
4 program licensed under that Act.
5     (o) Whenever a person is convicted of a sex offense as
6 defined in Section 2 of the Sex Offender Registration Act, the
7 defendant's driver's license or permit shall be subject to
8 renewal on an annual basis in accordance with the provisions of
9 license renewal established by the Secretary of State.
10 (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993,
11 eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07;
12 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff.
13 1-1-08; 95-579, eff. 6-1-08; revised 11-19-07.)