Illinois General Assembly - Full Text of HB5482
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Full Text of HB5482  97th General Assembly

HB5482ham002 97TH GENERAL ASSEMBLY

Rep. Richard Morthland

Filed: 3/27/2012

 

 


 

 


 
09700HB5482ham002LRB097 18229 RLC 68151 a

1
AMENDMENT TO HOUSE BILL 5482

2    AMENDMENT NO. ______. Amend House Bill 5482 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11        (2) A period of probation, a term of periodic
12    imprisonment or conditional discharge shall not be imposed
13    for the following offenses. The court shall sentence the
14    offender to not less than the minimum term of imprisonment
15    set forth in this Code for the following offenses, and may
16    order a fine or restitution or both in conjunction with

 

 

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1    such term of imprisonment:
2            (A) First degree murder where the death penalty is
3        not imposed.
4            (B) Attempted first degree murder.
5            (C) A Class X felony.
6            (D) A violation of Section 401.1 or 407 of the
7        Illinois Controlled Substances Act, or a violation of
8        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
9        of that Act which relates to more than 5 grams of a
10        substance containing heroin, cocaine, fentanyl, or an
11        analog thereof.
12            (E) A violation of Section 5.1 or 9 of the Cannabis
13        Control Act.
14            (F) A Class 2 or greater felony if the offender had
15        been convicted of a Class 2 or greater felony,
16        including any state or federal conviction for an
17        offense that contained, at the time it was committed,
18        the same elements as an offense now (the date of the
19        offense committed after the prior Class 2 or greater
20        felony) classified as a Class 2 or greater felony,
21        within 10 years of the date on which the offender
22        committed the offense for which he or she is being
23        sentenced, except as otherwise provided in Section
24        40-10 of the Alcoholism and Other Drug Abuse and
25        Dependency Act.
26            (F-5) A violation of Section 24-1, 24-1.1, or

 

 

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1        24-1.6 of the Criminal Code of 1961 for which
2        imprisonment is prescribed in those Sections.
3            (G) Residential burglary, except as otherwise
4        provided in Section 40-10 of the Alcoholism and Other
5        Drug Abuse and Dependency Act.
6            (H) Criminal sexual assault.
7            (I) Aggravated battery of a senior citizen as
8        described in Section 12-4.6 or subdivision (a)(4) of
9        Section 12-3.05.
10            (J) A forcible felony if the offense was related to
11        the activities of an organized gang.
12            Before July 1, 1994, for the purposes of this
13        paragraph, "organized gang" means an association of 5
14        or more persons, with an established hierarchy, that
15        encourages members of the association to perpetrate
16        crimes or provides support to the members of the
17        association who do commit crimes.
18            Beginning July 1, 1994, for the purposes of this
19        paragraph, "organized gang" has the meaning ascribed
20        to it in Section 10 of the Illinois Streetgang
21        Terrorism Omnibus Prevention Act.
22            (K) Vehicular hijacking.
23            (L) A second or subsequent conviction for the
24        offense of hate crime when the underlying offense upon
25        which the hate crime is based is felony aggravated
26        assault or felony mob action.

 

 

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1            (M) A second or subsequent conviction for the
2        offense of institutional vandalism if the damage to the
3        property exceeds $300.
4            (N) A Class 3 felony violation of paragraph (1) of
5        subsection (a) of Section 2 of the Firearm Owners
6        Identification Card Act.
7            (O) A violation of Section 12-6.1 or 12-6.5 of the
8        Criminal Code of 1961.
9            (P) A violation of paragraph (1), (2), (3), (4),
10        (5), or (7) of subsection (a) of Section 11-20.1 of the
11        Criminal Code of 1961.
12            (Q) A violation of Section 20-1.2 or 20-1.3 of the
13        Criminal Code of 1961.
14            (R) A violation of Section 24-3A of the Criminal
15        Code of 1961.
16            (S) (Blank).
17            (T) A second or subsequent violation of the
18        Methamphetamine Control and Community Protection Act.
19            (U) A second or subsequent violation of Section
20        6-303 of the Illinois Vehicle Code committed while his
21        or her driver's license, permit, or privilege was
22        revoked because of a violation of Section 9-3 of the
23        Criminal Code of 1961, relating to the offense of
24        reckless homicide, or a similar provision of a law of
25        another state.
26            (V) A violation of paragraph (4) of subsection (c)

 

 

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1        of Section 11-20.1B or paragraph (4) of subsection (c)
2        of Section 11-20.3 of the Criminal Code of 1961.
3            (W) A violation of Section 24-3.5 of the Criminal
4        Code of 1961.
5            (X) A violation of subsection (a) of Section 31-1a
6        of the Criminal Code of 1961.
7            (Y) A conviction for unlawful possession of a
8        firearm by a street gang member when the firearm was
9        loaded or contained firearm ammunition.
10            (Z) A Class 1 felony committed while he or she was
11        serving a term of probation or conditional discharge
12        for a felony.
13            (AA) Theft of property exceeding $500,000 and not
14        exceeding $1,000,000 in value.
15            (BB) Laundering of criminally derived property of
16        a value exceeding $500,000.
17            (CC) Knowingly selling, offering for sale, holding
18        for sale, or using 2,000 or more counterfeit items or
19        counterfeit items having a retail value in the
20        aggregate of $500,000 or more.
21            (DD) A conviction for aggravated assault under
22        paragraph (6) of subsection (c) of Section 12-2 of the
23        Criminal Code of 1961 if the firearm is aimed toward
24        the person against whom the firearm is being used.
25            (EE) A Class 1 felony violation of Section 10-9 of
26        the Criminal Code of 1961.

 

 

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1        (3) (Blank).
2        (4) A minimum term of imprisonment of not less than 10
3    consecutive days or 30 days of community service shall be
4    imposed for a violation of paragraph (c) of Section 6-303
5    of the Illinois Vehicle Code.
6        (4.1) (Blank).
7        (4.2) Except as provided in paragraphs (4.3) and (4.8)
8    of this subsection (c), a minimum of 100 hours of community
9    service shall be imposed for a second violation of Section
10    6-303 of the Illinois Vehicle Code.
11        (4.3) A minimum term of imprisonment of 30 days or 300
12    hours of community service, as determined by the court,
13    shall be imposed for a second violation of subsection (c)
14    of Section 6-303 of the Illinois Vehicle Code.
15        (4.4) Except as provided in paragraphs (4.5), (4.6),
16    and (4.9) of this subsection (c), a minimum term of
17    imprisonment of 30 days or 300 hours of community service,
18    as determined by the court, shall be imposed for a third or
19    subsequent violation of Section 6-303 of the Illinois
20    Vehicle Code.
21        (4.5) A minimum term of imprisonment of 30 days shall
22    be imposed for a third violation of subsection (c) of
23    Section 6-303 of the Illinois Vehicle Code.
24        (4.6) Except as provided in paragraph (4.10) of this
25    subsection (c), a minimum term of imprisonment of 180 days
26    shall be imposed for a fourth or subsequent violation of

 

 

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

 

 

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

 

 

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1        (5.4) In addition to any other penalties imposed, a
2    person convicted of violating Section 3-707 of the Illinois
3    Vehicle Code shall have his or her driver's license,
4    permit, or privileges suspended for 3 months and until he
5    or she has paid a reinstatement fee of $100.
6        (5.5) In addition to any other penalties imposed, a
7    person convicted of violating Section 3-707 of the Illinois
8    Vehicle Code during a period in which his or her driver's
9    license, permit, or privileges were suspended for a
10    previous violation of that Section shall have his or her
11    driver's license, permit, or privileges suspended for an
12    additional 6 months after the expiration of the original
13    3-month suspension and until he or she has paid a
14    reinstatement fee of $100.
15        (6) (Blank).
16        (7) (Blank).
17        (8) (Blank).
18        (9) A defendant convicted of a second or subsequent
19    offense of ritualized abuse of a child may be sentenced to
20    a term of natural life imprisonment.
21        (10) (Blank).
22        (11) The court shall impose a minimum fine of $1,000
23    for a first offense and $2,000 for a second or subsequent
24    offense upon a person convicted of or placed on supervision
25    for battery when the individual harmed was a sports
26    official or coach at any level of competition and the act

 

 

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

 

 

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

 

 

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1            (A) the defendant is willing to undergo a court
2        approved counseling program for a minimum duration of 2
3        years; or
4            (B) the defendant is willing to participate in a
5        court approved plan including but not limited to the
6        defendant's:
7                (i) removal from the household;
8                (ii) restricted contact with the victim;
9                (iii) continued financial support of the
10            family;
11                (iv) restitution for harm done to the victim;
12            and
13                (v) compliance with any other measures that
14            the court may deem appropriate; and
15        (2) the court orders the defendant to pay for the
16    victim's counseling services, to the extent that the court
17    finds, after considering the defendant's income and
18    assets, that the defendant is financially capable of paying
19    for such services, if the victim was under 18 years of age
20    at the time the offense was committed and requires
21    counseling as a result of the offense.
22    Probation may be revoked or modified pursuant to Section
235-6-4; except where the court determines at the hearing that
24the defendant violated a condition of his or her probation
25restricting contact with the victim or other family members or
26commits another offense with the victim or other family

 

 

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1members, the court shall revoke the defendant's probation and
2impose a term of imprisonment.
3    For the purposes of this Section, "family member" and
4"victim" shall have the meanings ascribed to them in Section
511-0.1 of the Criminal Code of 1961.
6    (f) (Blank).
7    (g) Whenever a defendant is convicted of an offense under
8Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
911-14.3, 11-14.4 except for an offense that involves keeping a
10place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
13defendant shall undergo medical testing to determine whether
14the defendant has any sexually transmissible disease,
15including a test for infection with human immunodeficiency
16virus (HIV) or any other identified causative agent of acquired
17immunodeficiency syndrome (AIDS). Any such medical test shall
18be performed only by appropriately licensed medical
19practitioners and may include an analysis of any bodily fluids
20as well as an examination of the defendant's person. Except as
21otherwise provided by law, the results of such test shall be
22kept strictly confidential by all medical personnel involved in
23the testing and must be personally delivered in a sealed
24envelope to the judge of the court in which the conviction was
25entered for the judge's inspection in camera. Acting in
26accordance with the best interests of the victim and the

 

 

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

 

 

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

 

 

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1Section, and the court shall grant the disclosure if the
2State's Attorney shows it is relevant in order to prosecute a
3charge of criminal transmission of HIV under Section 12-5.01 or
412-16.2 of the Criminal Code of 1961 against the defendant. The
5court shall order that the cost of any such test shall be paid
6by the county and may be taxed as costs against the convicted
7defendant.
8    (i) All fines and penalties imposed under this Section for
9any violation of Chapters 3, 4, 6, and 11 of the Illinois
10Vehicle Code, or a similar provision of a local ordinance, and
11any violation of the Child Passenger Protection Act, or a
12similar provision of a local ordinance, shall be collected and
13disbursed by the circuit clerk as provided under Section 27.5
14of the Clerks of Courts Act.
15    (j) In cases when prosecution for any violation of Section
1611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1711-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1811-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1911-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2012-15, or 12-16 of the Criminal Code of 1961, any violation of
21the Illinois Controlled Substances Act, any violation of the
22Cannabis Control Act, or any violation of the Methamphetamine
23Control and Community Protection Act results in conviction, a
24disposition of court supervision, or an order of probation
25granted under Section 10 of the Cannabis Control Act, Section
26410 of the Illinois Controlled Substance Act, or Section 70 of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1alcoholic, as defined in the Alcoholism and Other Drug Abuse
2and Dependency Act, to a substance or alcohol abuse program
3licensed under that Act.
4    (o) Whenever a person is convicted of a sex offense as
5defined in Section 2 of the Sex Offender Registration Act, the
6defendant's driver's license or permit shall be subject to
7renewal on an annual basis in accordance with the provisions of
8license renewal established by the Secretary of State.
9(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1096-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
111, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
12eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1397-159, eff. 7-21-11; revised 9-14-11.)".