Full Text of HB3909 96th General Assembly
HB3909eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 12-3.2 and 12-3.3 as follows:
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| (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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| Sec. 12-3.2. Domestic Battery.
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| (a) A person commits domestic battery if he intentionally | 9 |
| or knowingly
without legal justification by any means:
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| (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;
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| (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.
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| (b) Sentence. Domestic battery is a Class A misdemeanor.
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| Domestic battery is a Class 4 felony if the defendant has any
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| prior
conviction under this Code for domestic battery (Section | 20 |
| 12-3.2) or violation
of an order of protection (Section 12-30), | 21 |
| or any prior conviction under the
law of another jurisdiction | 22 |
| for an offense which is substantially similar.
Domestic battery | 23 |
| is a Class 4 felony
if the
defendant has any prior conviction |
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| under this Code for first degree murder
(Section 9-1), attempt | 2 |
| to
commit first degree murder (Section 8-4), aggravated | 3 |
| domestic battery (Section
12-3.3), aggravated battery
(Section | 4 |
| 12-4), heinous battery (Section 12-4.1), aggravated battery | 5 |
| with 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
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| (Section 12-4.6), stalking (Section 12-7.3), aggravated | 9 |
| stalking (Section
12-7.4), criminal sexual assault (Section | 10 |
| 12-13), aggravated criminal sexual
assault
(12-14), kidnapping | 11 |
| (Section 10-1), aggravated kidnapping (Section 10-2),
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| predatory criminal sexual assault of a child (Section 12-14.1), | 13 |
| aggravated
criminal sexual abuse (Section 12-16), unlawful | 14 |
| restraint (Section 10-3),
aggravated unlawful restraint | 15 |
| (Section 10-3.1), aggravated arson (Section
20-1.1), or | 16 |
| aggravated discharge of a firearm
(Section 24-1.2), or any | 17 |
| prior conviction under the law of another
jurisdiction for any | 18 |
| offense that is substantially similar to the offenses
listed in | 19 |
| this Section, when any of these
offenses have been committed
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| against a
family or household member as defined in Section
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| 112A-3 of the Code of Criminal Procedure of 1963. In addition | 22 |
| to any other
sentencing alternatives, for any second or | 23 |
| subsequent conviction of violating this
Section, the
offender | 24 |
| shall be mandatorily sentenced to a minimum of one year 72
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| consecutive hours of
imprisonment. The imprisonment shall not | 26 |
| be subject to suspension, nor shall
the person be eligible for |
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| probation in order to reduce the sentence.
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| (c) Domestic battery committed in the presence of a child. | 3 |
| In addition to
any other sentencing alternatives, a defendant | 4 |
| who commits, in the presence of
a child, a felony domestic | 5 |
| battery (enhanced under subsection
(b)), aggravated domestic | 6 |
| battery (Section 12-3.3),
aggravated battery (Section 12-4), | 7 |
| unlawful restraint (Section
10-3), or aggravated unlawful | 8 |
| restraint (Section 10-3.1) against a family or
household | 9 |
| member, as defined in Section 112A-3 of the Code of Criminal
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| Procedure of 1963, shall be required to serve a mandatory | 11 |
| minimum imprisonment
of 10 days or perform 300 hours of | 12 |
| community service, or both. The defendant
shall further be | 13 |
| liable for the cost of any counseling required for the child
at | 14 |
| the discretion of the court in accordance
with subsection (b) | 15 |
| of Section 5-5-6 of the Unified Code of Corrections.
For | 16 |
| purposes of this Section, "child" means a person under 18
years | 17 |
| of age
who is the defendant's or victim's child or step-child | 18 |
| or who is a minor child
residing
within or visiting the | 19 |
| household of the defendant or victim. For purposes of this | 20 |
| Section,
"in the presence of a child" means in the physical | 21 |
| presence of a child or
knowing or having reason to know that a | 22 |
| child is present and may see or hear an
act constituting one of | 23 |
| the offenses listed in this subsection.
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| (Source: P.A. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148, | 25 |
| eff. 1-1-06.)
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| (720 ILCS 5/12-3.3)
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| Sec. 12-3.3. Aggravated domestic battery.
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| (a) A person who, in committing a domestic battery, | 4 |
| intentionally or
knowingly causes great bodily harm, or | 5 |
| permanent disability or disfigurement
commits aggravated | 6 |
| domestic battery.
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| (b) Sentence. Aggravated domestic battery is a Class 2 | 8 |
| felony. Any order
of probation or conditional discharge entered | 9 |
| following a conviction for an
offense under this Section must | 10 |
| include, in addition to any other condition of
probation or | 11 |
| conditional discharge, a condition that the offender serve a
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| mandatory term of imprisonment of not less than 60 consecutive | 13 |
| days. A person
convicted of a second or subsequent violation of | 14 |
| this Section will must be
sentenced to a mandatory term of | 15 |
| imprisonment of not less than 3 years and not
more than 7 years | 16 |
| or an extended term of imprisonment of not less than 7 years
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| and not more than 14 years.
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| (Source: P.A. 91-445, eff. 1-1-00.)
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| Section 10. The Unified Code of Corrections is amended by | 20 |
| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 24 |
| Vehicle Code, every person convicted of an offense shall be |
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| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 3 |
| dispositions, alone
or in combination, for all felonies and | 4 |
| misdemeanors other than those
identified in subsection (c) of | 5 |
| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 11 |
| repair the
damage, if the offender was convicted under | 12 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 13 |
| (now repealed).
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 16 |
| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 18 |
| incarceration
program under Section 5-8-1.2 of this Code. | 19 |
| (9) A term of imprisonment in combination with a term | 20 |
| of probation when the offender has been admitted into a | 21 |
| drug court program under Section 20 of the Drug Court | 22 |
| Treatment Act.
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| Neither a fine nor restitution shall be the sole | 24 |
| disposition
for a felony and either or both may be imposed only | 25 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree |
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| murder the
State may either seek a sentence of imprisonment | 2 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 3 |
| a sentence of death under Section 9-1
of the Criminal Code | 4 |
| of 1961.
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| (2) A period of probation, a term of periodic | 6 |
| imprisonment or
conditional discharge shall not be imposed | 7 |
| for the following offenses.
The court shall sentence the | 8 |
| offender to not less than the minimum term
of imprisonment | 9 |
| set forth in this Code for the following offenses, and
may | 10 |
| order a fine or restitution or both in conjunction with | 11 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 13 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of | 18 |
| subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 19 |
| of that Act which relates to more than 5 grams of a | 20 |
| substance
containing heroin, cocaine, fentanyl, or an | 21 |
| analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 23 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 25 |
| been convicted
of a Class 2 or greater felony within 10 | 26 |
| years of the date on which the
offender
committed the |
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| offense for which he or she is being sentenced, except | 2 |
| as
otherwise provided in Section 40-10 of the | 3 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 5 |
| 24-1.6 of the Criminal Code of 1961 for which | 6 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 8 |
| provided in Section 40-10
of the Alcoholism and Other | 9 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 13 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 15 |
| paragraph, "organized
gang" means an association of 5 | 16 |
| or more persons, with an established hierarchy,
that | 17 |
| encourages members of the association to perpetrate | 18 |
| crimes or provides
support to the members of the | 19 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 21 |
| paragraph,
"organized gang" has the meaning ascribed | 22 |
| to it in Section 10 of the Illinois
Streetgang | 23 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 26 |
| offense of hate crime
when the underlying offense upon |
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| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 4 |
| offense of institutional
vandalism if the damage to the | 5 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 7 |
| subsection (a) of
Section 2 of the Firearm Owners | 8 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 10 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 12 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 13 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 15 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 17 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 20 |
| Methamphetamine Control and Community Protection Act.
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| (U) A second or subsequent violation of Section | 22 |
| 6-303 of the Illinois Vehicle Code committed while his | 23 |
| or her driver's license, permit, or privilege was | 24 |
| revoked because of a violation of Section 9-3 of the | 25 |
| Criminal Code of 1961, relating to the offense of | 26 |
| reckless homicide, or a similar provision of a law of |
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| another state.
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| (V)
A violation of paragraph (4) of subsection (c) | 3 |
| of Section 11-20.3 of the Criminal Code of 1961. | 4 |
| (W) A violation of Section 24-3.5 of the Criminal | 5 |
| Code of 1961.
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| (X) A second or subsequent conviction for domestic | 7 |
| battery under Section 12-3.2 of the Criminal Code of | 8 |
| 1961. | 9 |
| (Y) A second or subsequent conviction for | 10 |
| aggravated domestic battery under Section 12-3.3 of | 11 |
| the Criminal Code of 1961.
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be | 15 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 16 |
| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 19 |
| of this subsection (c), a
minimum of
100 hours of community | 20 |
| service shall be imposed for a second violation of
Section | 21 |
| 6-303
of the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 23 |
| hours of community
service, as determined by the court, | 24 |
| shall
be imposed for a second violation of subsection (c) | 25 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraphs
(4.5), (4.6), |
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| and (4.9) of this
subsection (c), a
minimum term of | 2 |
| imprisonment of 30 days or 300 hours of community service, | 3 |
| as
determined by the court, shall
be imposed
for a third or | 4 |
| subsequent violation of Section 6-303 of the Illinois | 5 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 7 |
| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) Except as provided in paragraph (4.10) of this | 10 |
| subsection (c), a minimum term of imprisonment of 180 days | 11 |
| shall be imposed for a
fourth or subsequent violation of | 12 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 13 |
| Code.
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| (4.7) A minimum term of imprisonment of not less than | 15 |
| 30 consecutive days, or 300 hours of community service, | 16 |
| shall be imposed for a violation of subsection (a-5) of | 17 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 18 |
| subsection (b-5) of that Section.
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| (4.8) A mandatory prison sentence shall be imposed for | 20 |
| a second violation of subsection (a-5) of Section 6-303 of | 21 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 22 |
| of that Section. The person's driving privileges shall be | 23 |
| revoked for a period of not less than 5 years from the date | 24 |
| of his or her release from prison.
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| (4.9) A mandatory prison sentence of not less than 4 | 26 |
| and not more than 15 years shall be imposed for a third |
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| violation of subsection (a-5) of Section 6-303 of the | 2 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 3 |
| that Section. The person's driving privileges shall be | 4 |
| revoked for the remainder of his or her life.
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| (4.10) A mandatory prison sentence for a Class 1 felony | 6 |
| shall be imposed, and the person shall be eligible for an | 7 |
| extended term sentence, for a fourth or subsequent | 8 |
| violation of subsection (a-5) of Section 6-303 of the | 9 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of | 10 |
| that Section. The person's driving privileges shall be | 11 |
| revoked for the remainder of his or her life.
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| (5) The court may sentence an offender convicted of a | 13 |
| business
offense or a petty offense or a corporation or | 14 |
| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 18 |
| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under | 20 |
| paragraph (5) of this
subsection (c), and except as | 21 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 22 |
| violating subsection (c) of Section 11-907 of the Illinois
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| Vehicle Code shall have his or her driver's license, | 24 |
| permit, or privileges
suspended for at least 90 days but | 25 |
| not more than one year, if the violation
resulted in damage | 26 |
| to the property of another person.
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| (5.2) In addition to any penalties imposed under | 2 |
| paragraph (5) of this
subsection (c), and except as | 3 |
| provided in paragraph (5.3), a person convicted
of | 4 |
| violating subsection (c) of Section 11-907 of the Illinois | 5 |
| Vehicle Code
shall have his or her driver's license, | 6 |
| permit, or privileges suspended for at
least 180 days but | 7 |
| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under | 10 |
| paragraph (5) of
this
subsection (c), a person convicted of | 11 |
| violating subsection (c) of Section
11-907 of the Illinois | 12 |
| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the | 14 |
| violation resulted in the
death of another person.
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| (5.4) In addition to any penalties imposed under | 16 |
| paragraph (5) of this subsection (c), a person convicted of | 17 |
| violating Section 3-707 of the Illinois Vehicle Code shall | 18 |
| have his or her driver's license, permit, or privileges | 19 |
| suspended for 3 months and until he or she has paid a | 20 |
| reinstatement fee of $100. | 21 |
| (5.5) In addition to any penalties imposed under | 22 |
| paragraph (5) of this subsection (c), a person convicted of | 23 |
| violating Section 3-707 of the Illinois Vehicle Code during | 24 |
| a period in which his or her driver's license, permit, or | 25 |
| privileges were suspended for a previous violation of that | 26 |
| Section shall have his or her driver's license, permit, or |
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| privileges suspended for an additional 6 months after the | 2 |
| expiration of the original 3-month suspension and until he | 3 |
| or she has paid a reinstatement fee of $100.
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| (6) In no case shall an offender be eligible for a | 5 |
| disposition of
probation or conditional discharge for a | 6 |
| Class 1 felony committed while
he was serving a term of | 7 |
| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal | 9 |
| under Article
33B of the Criminal Code of 1961, the court | 10 |
| shall sentence
the defendant to a term of natural life | 11 |
| imprisonment.
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| (8) When a defendant, over the age of 21 years, is | 13 |
| convicted of a
Class 1 or Class 2 felony, after having | 14 |
| twice been convicted
in any state or
federal court of an | 15 |
| offense that contains the same elements as an offense now
| 16 |
| classified in Illinois as a Class 2 or greater Class felony
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| and such charges are
separately brought and tried and arise | 18 |
| out of different series of acts,
such defendant shall be | 19 |
| sentenced as a Class X offender. This paragraph
shall not | 20 |
| apply unless (1) the first felony was committed after the
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| effective date of this amendatory Act of 1977; and (2) the | 22 |
| second felony
was committed after conviction on the first; | 23 |
| and (3) the third felony
was committed after conviction on | 24 |
| the second.
A person sentenced as a Class X offender under | 25 |
| this paragraph is not
eligible to apply for treatment as a | 26 |
| condition of probation as provided by
Section 40-10 of the |
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| Alcoholism and Other Drug Abuse and Dependency Act.
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| (9) A defendant convicted of a second or subsequent | 3 |
| offense of ritualized
abuse of a child may be sentenced to | 4 |
| a term of natural life imprisonment.
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| (10) (Blank).
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| (11) The court shall impose a minimum fine of $1,000 | 7 |
| for a first offense
and $2,000 for a second or subsequent | 8 |
| offense upon a person convicted of or
placed on supervision | 9 |
| for battery when the individual harmed was a sports
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| official or coach at any level of competition and the act | 11 |
| causing harm to the
sports
official or coach occurred | 12 |
| within an athletic facility or within the immediate | 13 |
| vicinity
of the athletic facility at which the sports | 14 |
| official or coach was an active
participant
of the athletic | 15 |
| contest held at the athletic facility. For the purposes of
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| this paragraph (11), "sports official" means a person at an | 17 |
| athletic contest
who enforces the rules of the contest, | 18 |
| such as an umpire or referee; "athletic facility" means an | 19 |
| indoor or outdoor playing field or recreational area where | 20 |
| sports activities are conducted;
and "coach" means a person | 21 |
| recognized as a coach by the sanctioning
authority that | 22 |
| conducted the sporting event. | 23 |
| (12) A person may not receive a disposition of court | 24 |
| supervision for a
violation of Section 5-16 of the Boat | 25 |
| Registration and Safety Act if that
person has previously | 26 |
| received a disposition of court supervision for a
violation |
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| of that Section.
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| (13) A person convicted of or placed on court | 3 |
| supervision for an assault or aggravated assault when the | 4 |
| victim and the offender are family or household members as | 5 |
| defined in Section 103 of the Illinois Domestic Violence | 6 |
| Act of 1986 or convicted of domestic battery or aggravated | 7 |
| domestic battery may be required to attend a Partner Abuse | 8 |
| Intervention Program under protocols set forth by the | 9 |
| Illinois Department of Human Services under such terms and | 10 |
| conditions imposed by the court. The costs of such classes | 11 |
| shall be paid by the offender.
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| (d) In any case in which a sentence originally imposed is | 13 |
| vacated,
the case shall be remanded to the trial court. The | 14 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 15 |
| Unified Code of Corrections
which may include evidence of the | 16 |
| defendant's life, moral character and
occupation during the | 17 |
| time since the original sentence was passed. The
trial court | 18 |
| shall then impose sentence upon the defendant. The trial
court | 19 |
| may impose any sentence which could have been imposed at the
| 20 |
| original trial subject to Section 5-5-4 of the Unified Code of | 21 |
| Corrections.
If a sentence is vacated on appeal or on | 22 |
| collateral attack due to the
failure of the trier of fact at | 23 |
| trial to determine beyond a reasonable doubt
the
existence of a | 24 |
| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum | 26 |
| otherwise applicable,
either the defendant may be re-sentenced |
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| to a term within the range otherwise
provided or, if the State | 2 |
| files notice of its intention to again seek the
extended | 3 |
| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal | 5 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 6 |
| results in conviction of a defendant
who was a family member of | 7 |
| the victim at the time of the commission of the
offense, the | 8 |
| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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| (1) the court finds (A) or (B) or both are appropriate:
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| (A) the defendant is willing to undergo a court | 12 |
| approved counseling
program for a minimum duration of 2 | 13 |
| years; or
| 14 |
| (B) the defendant is willing to participate in a | 15 |
| court approved plan
including but not limited to the | 16 |
| defendant's:
| 17 |
| (i) removal from the household;
| 18 |
| (ii) restricted contact with the victim;
| 19 |
| (iii) continued financial support of the | 20 |
| family;
| 21 |
| (iv) restitution for harm done to the victim; | 22 |
| and
| 23 |
| (v) compliance with any other measures that | 24 |
| the court may
deem appropriate; and
| 25 |
| (2) the court orders the defendant to pay for the | 26 |
| victim's counseling
services, to the extent that the court |
|
|
|
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LRB096 03150 RLC 13167 b |
|
| 1 |
| finds, after considering the
defendant's income and | 2 |
| assets, that the defendant is financially capable of
paying | 3 |
| for such services, if the victim was under 18 years of age | 4 |
| at the
time the offense was committed and requires | 5 |
| counseling as a result of the
offense.
| 6 |
| Probation may be revoked or modified pursuant to Section | 7 |
| 5-6-4; except
where the court determines at the hearing that | 8 |
| the defendant violated a
condition of his or her probation | 9 |
| restricting contact with the victim or
other family members or | 10 |
| commits another offense with the victim or other
family | 11 |
| members, the court shall revoke the defendant's probation and
| 12 |
| impose a term of imprisonment.
| 13 |
| For the purposes of this Section, "family member" and | 14 |
| "victim" shall have
the meanings ascribed to them in Section | 15 |
| 12-12 of the Criminal Code of
1961.
| 16 |
| (f) This Article shall not deprive a court in other | 17 |
| proceedings to
order a forfeiture of property, to suspend or | 18 |
| cancel a license, to
remove a person from office, or to impose | 19 |
| any other civil penalty.
| 20 |
| (g) Whenever a defendant is convicted of an offense under | 21 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 22 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 23 |
| of the Criminal Code of 1961,
the defendant shall undergo | 24 |
| medical testing to
determine whether the defendant has any | 25 |
| sexually transmissible disease,
including a test for infection | 26 |
| with human immunodeficiency virus (HIV) or
any other identified |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 2 |
| Any such medical test shall be performed only by appropriately
| 3 |
| licensed medical practitioners and may include an analysis of | 4 |
| any bodily
fluids as well as an examination of the defendant's | 5 |
| person.
Except as otherwise provided by law, the results of | 6 |
| such test shall be kept
strictly confidential by all medical | 7 |
| personnel involved in the testing and must
be personally | 8 |
| delivered in a sealed envelope to the judge of the court in | 9 |
| which
the conviction was entered for the judge's inspection in | 10 |
| camera. Acting in
accordance with the best interests of the | 11 |
| victim and the public, the judge
shall have the discretion to | 12 |
| determine to whom, if anyone, the results of the
testing may be | 13 |
| revealed. The court shall notify the defendant
of the test | 14 |
| results. The court shall
also notify the victim if requested by | 15 |
| the victim, and if the victim is under
the age of 15 and if | 16 |
| requested by the victim's parents or legal guardian, the
court | 17 |
| shall notify the victim's parents or legal guardian of the test
| 18 |
| results.
The court shall provide information on the | 19 |
| availability of HIV testing
and counseling at Department of | 20 |
| Public Health facilities to all parties to
whom the results of | 21 |
| the testing are revealed and shall direct the State's
Attorney | 22 |
| to provide the information to the victim when possible.
A | 23 |
| State's Attorney may petition the court to obtain the results | 24 |
| of any HIV test
administered under this Section, and the court | 25 |
| shall grant the disclosure if
the State's Attorney shows it is | 26 |
| relevant in order to prosecute a charge of
criminal |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 2 |
| of 1961
against the defendant. The court shall order that the | 3 |
| cost of any such test
shall be paid by the county and may be | 4 |
| taxed as costs against the convicted
defendant.
| 5 |
| (g-5) When an inmate is tested for an airborne communicable | 6 |
| disease, as
determined by the Illinois Department of Public | 7 |
| Health including but not
limited to tuberculosis, the results | 8 |
| of the test shall be
personally delivered by the warden or his | 9 |
| or her designee in a sealed envelope
to the judge of the court | 10 |
| in which the inmate must appear for the judge's
inspection in | 11 |
| camera if requested by the judge. Acting in accordance with the
| 12 |
| best interests of those in the courtroom, the judge shall have | 13 |
| the discretion
to determine what if any precautions need to be | 14 |
| taken to prevent transmission
of the disease in the courtroom.
| 15 |
| (h) Whenever a defendant is convicted of an offense under | 16 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 17 |
| defendant shall undergo
medical testing to determine whether | 18 |
| the defendant has been exposed to human
immunodeficiency virus | 19 |
| (HIV) or any other identified causative agent of
acquired | 20 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 21 |
| by
law, the results of such test shall be kept strictly | 22 |
| confidential by all
medical personnel involved in the testing | 23 |
| and must be personally delivered in a
sealed envelope to the | 24 |
| judge of the court in which the conviction was entered
for the | 25 |
| judge's inspection in camera. Acting in accordance with the | 26 |
| best
interests of the public, the judge shall have the |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| discretion to determine to
whom, if anyone, the results of the | 2 |
| testing may be revealed. The court shall
notify the defendant | 3 |
| of a positive test showing an infection with the human
| 4 |
| immunodeficiency virus (HIV). The court shall provide | 5 |
| information on the
availability of HIV testing and counseling | 6 |
| at Department of Public Health
facilities to all parties to | 7 |
| whom the results of the testing are revealed and
shall direct | 8 |
| the State's Attorney to provide the information to the victim | 9 |
| when
possible. A State's Attorney may petition the court to | 10 |
| obtain the results of
any HIV test administered under this | 11 |
| Section, and the court shall grant the
disclosure if the | 12 |
| State's Attorney shows it is relevant in order to prosecute a
| 13 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 14 |
| the Criminal
Code of 1961 against the defendant. The court | 15 |
| shall order that the cost of any
such test shall be paid by the | 16 |
| county and may be taxed as costs against the
convicted | 17 |
| defendant.
| 18 |
| (i) All fines and penalties imposed under this Section for | 19 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 20 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 21 |
| any violation
of the Child Passenger Protection Act, or a | 22 |
| similar provision of a local
ordinance, shall be collected and | 23 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 24 |
| of the Clerks of Courts Act.
| 25 |
| (j) In cases when prosecution for any violation of Section | 26 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 2 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 3 |
| Code of 1961, any violation of the Illinois Controlled | 4 |
| Substances Act,
any violation of the Cannabis Control Act, or | 5 |
| any violation of the Methamphetamine Control and Community | 6 |
| Protection Act results in conviction, a
disposition of court | 7 |
| supervision, or an order of probation granted under
Section 10 | 8 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 9 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 10 |
| Control and Community Protection Act of a defendant, the court | 11 |
| shall determine whether the
defendant is employed by a facility | 12 |
| or center as defined under the Child Care
Act of 1969, a public | 13 |
| or private elementary or secondary school, or otherwise
works | 14 |
| with children under 18 years of age on a daily basis. When a | 15 |
| defendant
is so employed, the court shall order the Clerk of | 16 |
| the Court to send a copy of
the judgment of conviction or order | 17 |
| of supervision or probation to the
defendant's employer by | 18 |
| certified mail.
If the employer of the defendant is a school, | 19 |
| the Clerk of the Court shall
direct the mailing of a copy of | 20 |
| the judgment of conviction or order of
supervision or probation | 21 |
| to the appropriate regional superintendent of schools.
The | 22 |
| regional superintendent of schools shall notify the State Board | 23 |
| of
Education of any notification under this subsection.
| 24 |
| (j-5) A defendant at least 17 years of age who is convicted | 25 |
| of a felony and
who has not been previously convicted of a | 26 |
| misdemeanor or felony and who is
sentenced to a term of |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| imprisonment in the Illinois Department of Corrections
shall as | 2 |
| a condition of his or her sentence be required by the court to | 3 |
| attend
educational courses designed to prepare the defendant | 4 |
| for a high school diploma
and to work toward a high school | 5 |
| diploma or to work toward passing the high
school level Test of | 6 |
| General Educational Development (GED) or to work toward
| 7 |
| completing a vocational training program offered by the | 8 |
| Department of
Corrections. If a defendant fails to complete the | 9 |
| educational training
required by his or her sentence during the | 10 |
| term of incarceration, the Prisoner
Review Board shall, as a | 11 |
| condition of mandatory supervised release, require the
| 12 |
| defendant, at his or her own expense, to pursue a course of | 13 |
| study toward a high
school diploma or passage of the GED test. | 14 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 15 |
| release of a defendant who wilfully fails to
comply with this | 16 |
| subsection (j-5) upon his or her release from confinement in a
| 17 |
| penal institution while serving a mandatory supervised release | 18 |
| term; however,
the inability of the defendant after making a | 19 |
| good faith effort to obtain
financial aid or pay for the | 20 |
| educational training shall not be deemed a wilful
failure to | 21 |
| comply. The Prisoner Review Board shall recommit the defendant
| 22 |
| whose mandatory supervised release term has been revoked under | 23 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 24 |
| subsection (j-5) does not apply to a
defendant who has a high | 25 |
| school diploma or has successfully passed the GED
test. This | 26 |
| subsection (j-5) does not apply to a defendant who is |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| determined by
the court to be developmentally disabled or | 2 |
| otherwise mentally incapable of
completing the educational or | 3 |
| vocational program.
| 4 |
| (k) A court may not impose a sentence or disposition for a
| 5 |
| felony or misdemeanor that requires the defendant to be | 6 |
| implanted or injected
with or to use any form of birth control.
| 7 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 8 |
| (l), whenever a defendant,
who is an alien as defined by | 9 |
| the Immigration and Nationality Act, is convicted
of any | 10 |
| felony or misdemeanor offense, the court after sentencing | 11 |
| the defendant
may, upon motion of the State's Attorney, | 12 |
| hold sentence in abeyance and remand
the defendant to the | 13 |
| custody of the Attorney General of
the United States or his | 14 |
| or her designated agent to be deported when:
| 15 |
| (1) a final order of deportation has been issued | 16 |
| against the defendant
pursuant to proceedings under | 17 |
| the Immigration and Nationality Act, and
| 18 |
| (2) the deportation of the defendant would not | 19 |
| deprecate the seriousness
of the defendant's conduct | 20 |
| and would not be inconsistent with the ends of
justice.
| 21 |
| Otherwise, the defendant shall be sentenced as | 22 |
| provided in this Chapter V.
| 23 |
| (B) If the defendant has already been sentenced for a | 24 |
| felony or
misdemeanor
offense, or has been placed on | 25 |
| probation under Section 10 of the Cannabis
Control Act,
| 26 |
| Section 410 of the Illinois Controlled Substances Act, or |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| Section 70 of the Methamphetamine Control and Community | 2 |
| Protection Act, the court
may, upon motion of the State's | 3 |
| Attorney to suspend the
sentence imposed, commit the | 4 |
| defendant to the custody of the Attorney General
of the | 5 |
| United States or his or her designated agent when:
| 6 |
| (1) a final order of deportation has been issued | 7 |
| against the defendant
pursuant to proceedings under | 8 |
| the Immigration and Nationality Act, and
| 9 |
| (2) the deportation of the defendant would not | 10 |
| deprecate the seriousness
of the defendant's conduct | 11 |
| and would not be inconsistent with the ends of
justice.
| 12 |
| (C) This subsection (l) does not apply to offenders who | 13 |
| are subject to the
provisions of paragraph (2) of | 14 |
| subsection (a) of Section 3-6-3.
| 15 |
| (D) Upon motion of the State's Attorney, if a defendant | 16 |
| sentenced under
this Section returns to the jurisdiction of | 17 |
| the United States, the defendant
shall be recommitted to | 18 |
| the custody of the county from which he or she was
| 19 |
| sentenced.
Thereafter, the defendant shall be brought | 20 |
| before the sentencing court, which
may impose any sentence | 21 |
| that was available under Section 5-5-3 at the time of
| 22 |
| initial sentencing. In addition, the defendant shall not be | 23 |
| eligible for
additional good conduct credit for | 24 |
| meritorious service as provided under
Section 3-6-6.
| 25 |
| (m) A person convicted of criminal defacement of property | 26 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
|
|
|
HB3909 Engrossed |
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LRB096 03150 RLC 13167 b |
|
| 1 |
| property damage exceeds $300
and the property damaged is a | 2 |
| school building, shall be ordered to perform
community service | 3 |
| that may include cleanup, removal, or painting over the
| 4 |
| defacement.
| 5 |
| (n) The court may sentence a person convicted of a | 6 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 7 |
| Code of 1961 (i) to an impact
incarceration program if the | 8 |
| person is otherwise eligible for that program
under Section | 9 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 10 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 11 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 12 |
| program licensed under that
Act. | 13 |
| (o) Whenever a person is convicted of a sex offense as | 14 |
| defined in Section 2 of the Sex Offender Registration Act, the | 15 |
| defendant's driver's license or permit shall be subject to | 16 |
| renewal on an annual basis in accordance with the provisions of | 17 |
| license renewal established by the Secretary of State.
| 18 |
| (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993, | 19 |
| eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07; | 20 |
| 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff. | 21 |
| 1-1-08; 95-579, eff. 6-1-08; 95-876, eff. 8-21-08; 95-882, eff. | 22 |
| 1-1-09.)
|
|