State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_SB1506eng

      720 ILCS 5/20-1.2 new
      730 ILCS 5/5-5-3
          Amends the Criminal Code of 1961.  Creates the offense of
      residential  arson.    Defines  the  offense   as   knowingly
      damaging,  partially  or  totally,  any building or structure
      that is the dwelling place of another.  Penalty is a Class  1
      felony.   Amends  the  Unified Code of Corrections.  Provides
      that a person convicted of residential  arson  is  ineligible
      for   probation,   periodic   imprisonment,   or  conditional
      discharge.  Effective immediately.
                                                     LRB9008746RCmb
SB1506 Engrossed                               LRB9008746RCmb
 1        AN ACT relating to criminal law, amending named Acts.
 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
 5    changing Section 12-11 and adding Section 20-1.2 as follows:
 6        (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
 7        Sec. 12-11.  Home Invasion.
 8        (a) A person who is not a peace  officer  acting  in  the
 9    line  of duty commits home invasion when without authority he
10    or she knowingly enters the dwelling place of another when he
11    or she knows or has reason to know that one or  more  persons
12    is  present  or he or she knowingly enters the dwelling place
13    of another and remains in such dwelling place until he or she
14    knows or has reason to know  that  one  or  more  persons  is
15    present and
16        (1)  While  armed  with  a dangerous weapon uses force or
17    threatens the imminent  use  of  force  upon  any  person  or
18    persons  within  such  dwelling  place  whether or not injury
19    occurs, or
20        (2)  Intentionally causes any injury  to  any  person  or
21    persons within such dwelling place.
22        (b)  It  is  an  affirmative  defense to a charge of home
23    invasion that the accused who knowingly enters  the  dwelling
24    place  of another and remains in such dwelling place until he
25    or she knows or has reason to know that one or  more  persons
26    is   present  either  immediately  leaves  such  premises  or
27    surrenders to the person or persons lawfully present  therein
28    without  either attempting to cause or causing serious bodily
29    injury to any person present therein.
30        (c)  Sentence.  Home invasion is a Class X felony.
31        (d)  For purposes of this  Section,  "dwelling  place  of
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 1    another"  includes  a  dwelling  place  where  the  defendant
 2    maintains a tenancy interest but from which the defendant has
 3    been  barred  by a divorce decree, judgment of dissolution of
 4    marriage, order of protection, or other court order.
 5    (Source: P.A. 85-1387; 85-1433; 86-820.)
 6        (720 ILCS 5/20-1.2 new)
 7        Sec. 20-1.2.  Residential arson.
 8        (a)  A person commits the offense  of  residential  arson
 9    when,  in  the  course  of  committing  an  arson,  he or she
10    knowingly damages, partially  or  totally,  any  building  or
11    structure that is the dwelling place of another.
12        (b)  Sentence.  Residential arson is a Class 1 felony.
13        Section  10.   The Unified Code of Corrections is amended
14    by changing Section 5-5-3 as follows:
15        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
16        Sec. 5-5-3.  Disposition.
17        (a)  Every  person  convicted  of  an  offense  shall  be
18    sentenced as provided in this Section.
19        (b)  The   following   options   shall   be   appropriate
20    dispositions, alone or in combination, for all  felonies  and
21    misdemeanors other than those identified in subsection (c) of
22    this Section:
23             (1)  A period of probation.
24             (2)  A term of periodic imprisonment.
25             (3)  A term of conditional discharge.
26             (4)  A term of imprisonment.
27             (5)  An order directing the offender to clean up and
28        repair  the  damage,  if the offender was convicted under
29        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
30        1961.
31             (6)  A fine.
SB1506 Engrossed           -3-                 LRB9008746RCmb
 1             (7)  An   order   directing  the  offender  to  make
 2        restitution to the victim under  Section  5-5-6  of  this
 3        Code.
 4             (8)  A  sentence of participation in a county impact
 5        incarceration program under Section 5-8-1.2 of this Code.
 6        Whenever an individual is sentenced for an offense  based
 7    upon  an  arrest  for  a  violation  of Section 11-501 of the
 8    Illinois Vehicle Code, or a  similar  provision  of  a  local
 9    ordinance,   and   the   professional  evaluation  recommends
10    remedial or rehabilitative treatment  or  education,  neither
11    the treatment nor the education shall be the sole disposition
12    and  either  or  both may be imposed only in conjunction with
13    another disposition. The court shall monitor compliance  with
14    any remedial education or treatment recommendations contained
15    in  the professional evaluation.  Programs conducting alcohol
16    or other  drug  evaluation  or  remedial  education  must  be
17    licensed  by  the  Department of Human Services.  However, if
18    the individual is not a resident of Illinois, the  court  may
19    accept  an  alcohol  or  other  drug  evaluation  or remedial
20    education  program  in  the  state   of   such   individual's
21    residence.   Programs  providing  treatment  must be licensed
22    under  existing  applicable  alcoholism  and  drug  treatment
23    licensure standards.
24        In addition to any other fine or penalty required by law,
25    any individual convicted of a violation of Section 11-501  of
26    the  Illinois  Vehicle  Code  or a similar provision of local
27    ordinance, whose  operation  of  a  motor  vehicle  while  in
28    violation  of  Section  11-501  or such ordinance proximately
29    caused an incident  resulting  in  an  appropriate  emergency
30    response,  shall  be required to make restitution to a public
31    agency for  the  costs  of  that  emergency  response.   Such
32    restitution  shall not exceed $500 per public agency for each
33    such emergency response.  For the purpose of this  paragraph,
34    emergency  response  shall  mean  any  incident  requiring  a
SB1506 Engrossed           -4-                 LRB9008746RCmb
 1    response  by: a police officer as defined under Section 1-162
 2    of the Illinois Vehicle Code; a fireman carried on the  rolls
 3    of  a regularly constituted fire department; and an ambulance
 4    as defined  under  Section  4.05  of  the  Emergency  Medical
 5    Services (EMS) Systems Act.
 6        Neither   a  fine  nor  restitution  shall  be  the  sole
 7    disposition for a felony and either or both  may  be  imposed
 8    only in conjunction with another disposition.
 9        (c) (1)  When a defendant is found guilty of first degree
10        murder   the   State   may  either  seek  a  sentence  of
11        imprisonment under Section 5-8-1 of this Code,  or  where
12        appropriate seek a sentence of death under Section 9-1 of
13        the Criminal Code of 1961.
14             (2)  A  period  of  probation,  a  term  of periodic
15        imprisonment  or  conditional  discharge  shall  not   be
16        imposed  for  the  following  offenses.  The  court shall
17        sentence the offender to not less than the  minimum  term
18        of  imprisonment set forth in this Code for the following
19        offenses, and may order a fine or restitution or both  in
20        conjunction with such term of imprisonment:
21                  (A)  First   degree   murder  where  the  death
22             penalty is not imposed.
23                  (B)  Attempted first degree murder.
24                  (C)  A Class X felony.
25                  (D)  A violation of Section 401.1 or 407 of the
26             Illinois Controlled Substances Act, or  a  violation
27             of  subdivision  (c)(2)  of  Section 401 of that Act
28             which relates to more than 5 grams  of  a  substance
29             containing cocaine or an analog thereof.
30                  (E)  A  violation  of  Section  5.1 or 9 of the
31             Cannabis Control Act.
32                  (F)  A  Class  2  or  greater  felony  if   the
33             offender  had been convicted of a Class 2 or greater
34             felony within 10 years  of  the  date  on  which  he
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 1             committed   the   offense  for  which  he  is  being
 2             sentenced.
 3                  (G)  Residential burglary.
 4                  (H)  Criminal   sexual   assault,   except   as
 5             otherwise  provided  in  subsection  (e)   of   this
 6             Section.
 7                  (I)  Aggravated battery of a senior citizen.
 8                  (J)  A  forcible  felony  if  the  offense  was
 9             related to the activities of an organized gang.
10                  Before  July  1, 1994, for the purposes of this
11             paragraph, "organized gang" means an association  of
12             5  or  more  persons, with an established hierarchy,
13             that  encourages  members  of  the  association   to
14             perpetrate crimes or provides support to the members
15             of the association who do commit crimes.
16                  Beginning  July  1,  1994,  for the purposes of
17             this paragraph, "organized  gang"  has  the  meaning
18             ascribed  to  it  in  Section  10  of  the  Illinois
19             Streetgang Terrorism Omnibus Prevention Act.
20                  (K)  Vehicular hijacking.
21                  (L)  A  second or subsequent conviction for the
22             offense of hate crime when  the  underlying  offense
23             upon  which  the  hate  crime  is  based  is  felony
24             aggravated assault or felony mob action.
25                  (M)  A  second or subsequent conviction for the
26             offense of institutional vandalism if the damage  to
27             the property exceeds $300.
28                  (N)  A  Class  3  felony violation of paragraph
29             (1) of subsection (a) of Section 2  of  the  Firearm
30             Owners Identification Card Act.
31                  (O)  A  violation  of  Section  12-6.1  of  the
32             Criminal Code of 1961.
33                  (P)  A  violation  of  paragraph (1), (2), (3),
34             (4), (5),  or  (7)  of  subsection  (a)  of  Section
SB1506 Engrossed           -6-                 LRB9008746RCmb
 1             11-20.1 of the Criminal Code of 1961.
 2                  (Q)  A  violation  of  Section  20-1.2  of  the
 3             Criminal Code of 1961.
 4             (3)  A minimum term of imprisonment of not less than
 5        48 consecutive hours or 100 hours of community service as
 6        may  be  determined  by  the court shall be imposed for a
 7        second or subsequent violation committed within  5  years
 8        of a previous violation of Section 11-501 of the Illinois
 9        Vehicle Code or a similar provision of a local ordinance.
10             (4)  A minimum term of imprisonment of not less than
11        7  consecutive days or 30 days of community service shall
12        be imposed for a violation of paragraph  (c)  of  Section
13        6-303 of the Illinois Vehicle Code.
14             (4.1)  A  minimum  term  of  30  consecutive days of
15        imprisonment, 40 days of 24 hour periodic imprisonment or
16        720 hours of community service, as may be  determined  by
17        the  court,  shall  be imposed for a violation of Section
18        11-501 of the Illinois Vehicle Code during  a  period  in
19        which  the  defendant's driving privileges are revoked or
20        suspended, where the revocation or suspension was  for  a
21        violation  of  Section 11-501 or Section 11-501.1 of that
22        Code.
23             (5)  The court may sentence an offender convicted of
24        a business offense or a petty offense or a corporation or
25        unincorporated association convicted of any offense to:
26                  (A)  a period of conditional discharge;
27                  (B)  a fine;
28                  (C)  make  restitution  to  the  victim   under
29             Section 5-5-6 of this Code.
30             (6)  In  no case shall an offender be eligible for a
31        disposition of probation or conditional discharge  for  a
32        Class  1  felony committed while he was serving a term of
33        probation or conditional discharge for a felony.
34             (7)  When  a  defendant  is  adjudged   a   habitual
SB1506 Engrossed           -7-                 LRB9008746RCmb
 1        criminal  under Article 33B of the Criminal Code of 1961,
 2        the court shall sentence  the  defendant  to  a  term  of
 3        natural life 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  of  any  Class 2 or greater Class
 7        felonies in Illinois, and  such  charges  are  separately
 8        brought  and  tried  and arise out of different series of
 9        acts, such defendant shall be  sentenced  as  a  Class  X
10        offender.  This  paragraph shall not apply unless (1) the
11        first felony was committed after the  effective  date  of
12        this  amendatory  Act  of 1977; and (2) the second felony
13        was committed after conviction on the first; and (3)  the
14        third  felony  was  committed  after  conviction  on  the
15        second.
16             (9)  A defendant convicted of a second or subsequent
17        offense  of  ritualized abuse of a child may be sentenced
18        to a term of natural life imprisonment.
19             (10)  Beginning  July  1,  1994,  unless  sentencing
20        under Section 33B-1 is applicable, a term of imprisonment
21        of not less than 15 years nor more than 50 years shall be
22        imposed on a defendant who violates Section 33A-2 of  the
23        Criminal  Code  of  1961 with a firearm, when that person
24        has been convicted in any state or federal court of 3  or
25        more  of  the  following  offenses: treason, first degree
26        murder, second degree murder, aggravated criminal  sexual
27        assault,  criminal  sexual  assault,  robbery,  burglary,
28        arson,  kidnaping,  aggravated battery resulting in great
29        bodily harm or permanent disability or disfigurement,  or
30        a  violation of Section 401(a) of the Illinois Controlled
31        Substances Act, when  the  third  offense  was  committed
32        after  conviction  on  the second, the second offense was
33        committed  after  conviction  on  the  first,   and   the
34        violation  of  Section 33A-2 of the Criminal Code of 1961
SB1506 Engrossed           -8-                 LRB9008746RCmb
 1        was committed after conviction on the third.
 2             (11)  Beginning July 1, 1994, a term of imprisonment
 3        of not less than 10 years and  not  more  than  30  years
 4        shall  be  imposed  on  a  defendant who violates Section
 5        33A-2 with a Category I  weapon  where  the  offense  was
 6        committed in any school, or any conveyance owned, leased,
 7        or  contracted  by  a  school to transport students to or
 8        from school or a school related  activity,  on  the  real
 9        property  comprising any school or public park, and where
10        the offense was related to the activities of an organized
11        gang.   For  the  purposes  of   this   paragraph   (11),
12        "organized  gang"  has  the  meaning  ascribed  to  it in
13        Section 10 of the Illinois Streetgang  Terrorism  Omnibus
14        Prevention Act.
15        (d)  In  any  case in which a sentence originally imposed
16    is vacated, the case shall be remanded to  the  trial  court.
17    The  trial  court shall hold a hearing under Section 5-4-1 of
18    the Unified Code of Corrections which may include evidence of
19    the defendant's life, moral character and  occupation  during
20    the  time  since the original sentence was passed.  The trial
21    court shall then impose sentence  upon  the  defendant.   The
22    trial  court  may  impose  any sentence which could have been
23    imposed at the original trial subject to Section 5-5-4 of the
24    Unified Code of Corrections.
25        (e)  In  cases  where  prosecution  for  criminal  sexual
26    assault or aggravated criminal  sexual  abuse  under  Section
27    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
28    conviction of a defendant who was  a  family  member  of  the
29    victim  at  the  time  of  the commission of the offense, the
30    court shall consider the safety and welfare of the victim and
31    may impose a sentence of probation only where:
32             (1)  the  court  finds  (A)  or  (B)  or  both   are
33        appropriate:
34                  (A)  the  defendant  is  willing  to  undergo a
SB1506 Engrossed           -9-                 LRB9008746RCmb
 1             court approved  counseling  program  for  a  minimum
 2             duration of 2 years; or
 3                  (B)  the defendant is willing to participate in
 4             a  court  approved plan including but not limited to
 5             the defendant's:
 6                       (i)  removal from the household;
 7                       (ii)  restricted contact with the victim;
 8                       (iii)  continued financial support of  the
 9                  family;
10                       (iv)  restitution  for  harm  done  to the
11                  victim; and
12                       (v)  compliance with  any  other  measures
13                  that the court may deem appropriate; and
14             (2)  the  court  orders the defendant to pay for the
15        victim's counseling services,  to  the  extent  that  the
16        court finds, after considering the defendant's income and
17        assets,  that  the  defendant  is  financially capable of
18        paying for such services, if  the  victim  was  under  18
19        years  of  age  at the time the offense was committed and
20        requires counseling as a result of the offense.
21        Probation may be revoked or modified pursuant to  Section
22    5-6-4;  except where the court determines at the hearing that
23    the defendant violated a condition of his  or  her  probation
24    restricting  contact  with the victim or other family members
25    or commits another offense with the victim  or  other  family
26    members, the court shall revoke the defendant's probation and
27    impose a term of imprisonment.
28        For  the  purposes  of  this Section, "family member" and
29    "victim" shall have the meanings ascribed to them in  Section
30    12-12 of the Criminal Code of 1961.
31        (f)  This  Article  shall  not  deprive  a court in other
32    proceedings to order a forfeiture of property, to suspend  or
33    cancel  a  license,  to  remove  a  person from office, or to
34    impose any other civil penalty.
SB1506 Engrossed           -10-                LRB9008746RCmb
 1        (g)  Whenever a defendant  is  convicted  of  an  offense
 2    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 3    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 4    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 5    shall  undergo  medical  testing  to  determine  whether  the
 6    defendant has any sexually transmissible disease, including a
 7    test for infection with human immunodeficiency virus (HIV) or
 8    any   other   identified   causative   agent   of    acquired
 9    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
10    shall be performed only  by  appropriately  licensed  medical
11    practitioners  and  may  include  an  analysis  of any bodily
12    fluids as well as an examination of the  defendant's  person.
13    Except as otherwise provided by law, the results of such test
14    shall  be kept strictly confidential by all medical personnel
15    involved in the testing and must be personally delivered in a
16    sealed envelope to the  judge  of  the  court  in  which  the
17    conviction  was entered for the judge's inspection in camera.
18    Acting in accordance with the best interests  of  the  victim
19    and  the  public,  the  judge  shall  have  the discretion to
20    determine to whom, if anyone, the results of the testing  may
21    be revealed. The court shall notify the defendant of the test
22    results.  The court shall also notify the victim if requested
23    by  the  victim, and if the victim is under the age of 15 and
24    if requested by the victim's parents or legal  guardian,  the
25    court  shall notify the victim's parents or legal guardian of
26    the test results.  The court shall provide information on the
27    availability of HIV testing and counseling at  Department  of
28    Public  Health  facilities to all parties to whom the results
29    of the testing are revealed  and  shall  direct  the  State's
30    Attorney  to  provide  the  information  to  the  victim when
31    possible. A State's Attorney may petition the court to obtain
32    the results of any HIV test administered under this  Section,
33    and  the  court  shall  grant  the  disclosure if the State's
34    Attorney shows it is relevant in order to prosecute a  charge
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 1    of  criminal transmission of HIV under Section 12-16.2 of the
 2    Criminal Code of 1961 against the defendant.  The court shall
 3    order that the cost of any such test shall  be  paid  by  the
 4    county  and  may  be  taxed  as  costs  against the convicted
 5    defendant.
 6        (g-5)  When  an  inmate  is  tested   for   an   airborne
 7    communicable   disease,   as   determined   by  the  Illinois
 8    Department of Public Health  including  but  not  limited  to
 9    tuberculosis,  the  results  of  the test shall be personally
10    delivered by the warden or his or her designee  in  a  sealed
11    envelope  to  the judge of the court in which the inmate must
12    appear for the judge's inspection in camera if  requested  by
13    the  judge.   Acting in accordance with the best interests of
14    those in the courtroom, the judge shall have  the  discretion
15    to  determine  what  if  any  precautions need to be taken to
16    prevent transmission of the disease in the courtroom.
17        (h)  Whenever a defendant  is  convicted  of  an  offense
18    under  Section  1 or 2 of the Hypodermic Syringes and Needles
19    Act, the defendant shall undergo medical testing to determine
20    whether   the   defendant   has   been   exposed   to   human
21    immunodeficiency  virus  (HIV)  or   any   other   identified
22    causative agent of acquired immunodeficiency syndrome (AIDS).
23    Except as otherwise provided by law, the results of such test
24    shall  be kept strictly confidential by all medical personnel
25    involved in the testing and must be personally delivered in a
26    sealed envelope to the  judge  of  the  court  in  which  the
27    conviction  was entered for the judge's inspection in camera.
28    Acting in accordance with the best interests of  the  public,
29    the  judge shall have the discretion to determine to whom, if
30    anyone, the results of the testing may be revealed. The court
31    shall notify the defendant of  a  positive  test  showing  an
32    infection  with  the  human immunodeficiency virus (HIV). The
33    court shall provide information on the  availability  of  HIV
34    testing   and  counseling  at  Department  of  Public  Health
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 1    facilities to all parties to whom the results of the  testing
 2    are revealed and shall direct the State's Attorney to provide
 3    the  information  to  the  victim  when  possible.  A State's
 4    Attorney may petition the court to obtain the results of  any
 5    HIV  test  administered  under  this   Section, and the court
 6    shall grant the disclosure if the State's Attorney  shows  it
 7    is  relevant  in  order  to  prosecute  a  charge of criminal
 8    transmission of HIV under Section  12-16.2  of  the  Criminal
 9    Code  of  1961  against  the defendant. The court shall order
10    that the cost of any such test shall be paid  by  the  county
11    and may be taxed as costs against the convicted defendant.
12        (i)  All  fines  and penalties imposed under this Section
13    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
14    Vehicle Code, or a similar provision of  a  local  ordinance,
15    and any violation of the Child Passenger Protection Act, or a
16    similar  provision  of  a local ordinance, shall be collected
17    and disbursed by the circuit clerk as provided under  Section
18    27.5 of the Clerks of Courts Act.
19        (j)  In  cases  when  prosecution  for  any  violation of
20    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
21    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
22    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
23    12-16  of  the  Criminal  Code  of 1961, any violation of the
24    Illinois Controlled Substances Act, or any violation  of  the
25    Cannabis  Control Act results in conviction, a disposition of
26    court supervision, or an order  of  probation  granted  under
27    Section  10 of the Cannabis Control Act or Section 410 of the
28    Illinois Controlled Substance Act of a defendant,  the  court
29    shall  determine  whether  the  defendant  is  employed  by a
30    facility or center as defined under the  Child  Care  Act  of
31    1969,  a public or private elementary or secondary school, or
32    otherwise works with children under 18  years  of  age  on  a
33    daily  basis.   When  a  defendant  is so employed, the court
34    shall order the Clerk of the Court to  send  a  copy  of  the
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 1    judgment  of  conviction or order of supervision or probation
 2    to  the  defendant's  employer  by  certified  mail.  If  the
 3    employer of the defendant is a school, the Clerk of the Court
 4    shall direct the  mailing  of  a  copy  of  the  judgment  of
 5    conviction  or  order  of  supervision  or  probation  to the
 6    appropriate regional superintendent of schools.  The regional
 7    superintendent of schools shall notify  the  State  Board  of
 8    Education of any notification under this subsection.
 9        (j-5)  A  defendant  at  least  17  years  of  age who is
10    convicted of  a  felony  and  who  has  not  been  previously
11    convicted  of a misdemeanor or felony and who is sentenced to
12    a  term  of  imprisonment  in  the  Illinois  Department   of
13    Corrections  shall  as  a condition of his or her sentence be
14    required by the court to attend educational courses  designed
15    to  prepare  the  defendant  for a high school diploma and to
16    work toward a high school diploma or to work  toward  passing
17    the high school level Test of General Educational Development
18    (GED)  or  to  work  toward  completing a vocational training
19    program offered by  the  Department  of  Corrections.   If  a
20    defendant fails to complete the educational training required
21    by  his or her sentence during the term of incarceration, the
22    Prisoner Review Board shall,  as  a  condition  of  mandatory
23    supervised  release, require the defendant, at his or her own
24    expense, to pursue a course of study  toward  a  high  school
25    diploma  or  passage  of  the  GED test.  The Prisoner Review
26    Board shall revoke the  mandatory  supervised  release  of  a
27    defendant  who  wilfully fails to comply with this subsection
28    (j-5) upon his or her release from  confinement  in  a  penal
29    institution  while  serving  a  mandatory  supervised release
30    term; however, the inability of the defendant after making  a
31    good  faith  effort  to  obtain  financial aid or pay for the
32    educational training shall not be deemed a wilful failure  to
33    comply.    The  Prisoner  Review  Board  shall  recommit  the
34    defendant whose mandatory supervised release  term  has  been
SB1506 Engrossed           -14-                LRB9008746RCmb
 1    revoked  under  this  subsection (j-5) as provided in Section
 2    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 3    who  has a high school diploma or has successfully passed the
 4    GED test. This subsection (j-5) does not apply to a defendant
 5    who is determined by the court to be developmentally disabled
 6    or otherwise mentally incapable of completing the educational
 7    or vocational program.
 8        (k)  A court may not impose a sentence or disposition for
 9    a felony or misdemeanor that requires  the  defendant  to  be
10    implanted  or  injected  with  or  to  use  any form of birth
11    control.
12        (l)(A)  Except as provided in paragraph (C) of subsection
13    (l), whenever a defendant, who is an alien as defined by  the
14    Immigration  and  Nationality Act, is convicted of any felony
15    or  misdemeanor  offense,  the  court  after  sentencing  the
16    defendant may, upon motion  of  the  State's  Attorney,  hold
17    sentence  in abeyance and remand the defendant to the custody
18    of the Attorney General of the United States or  his  or  her
19    designated agent to be deported when:
20             (1)  a  final  order  of deportation has been issued
21        against the defendant pursuant to proceedings  under  the
22        Immigration and Nationality Act, and
23             (2)  the  deportation  of  the  defendant  would not
24        deprecate the seriousness of the defendant's conduct  and
25        would not be inconsistent with the ends of justice.
26        Otherwise,  the  defendant shall be sentenced as provided
27    in this Chapter V.
28        (B)  If the defendant has already been  sentenced  for  a
29    felony   or  misdemeanor  offense,  or  has  been  placed  on
30    probation under Section 10 of the  Cannabis  Control  Act  or
31    Section  410  of  the Illinois Controlled Substances Act, the
32    court may, upon motion of the State's Attorney to suspend the
33    sentence imposed, commit the defendant to the custody of  the
34    Attorney   General  of  the  United  States  or  his  or  her
SB1506 Engrossed           -15-                LRB9008746RCmb
 1    designated agent when:
 2             (1)  a final order of deportation  has  been  issued
 3        against  the  defendant pursuant to proceedings under the
 4        Immigration and Nationality Act, and
 5             (2)  the deportation  of  the  defendant  would  not
 6        deprecate  the seriousness of the defendant's conduct and
 7        would not be inconsistent with the ends of justice.
 8        (C)  This subsection (l) does not apply to offenders  who
 9    are  subject to the provisions of paragraph (2) of subsection
10    (a) of Section 3-6-3.
11        (D)  Upon motion of the State's Attorney, if a  defendant
12    sentenced  under  this Section returns to the jurisdiction of
13    the United States, the defendant shall be recommitted to  the
14    custody  of  the  county  from which he or she was sentenced.
15    Thereafter,  the  defendant  shall  be  brought  before   the
16    sentencing  court,  which  may  impose  any sentence that was
17    available  under  Section  5-5-3  at  the  time  of   initial
18    sentencing.  In addition, the defendant shall not be eligible
19    for additional good conduct credit for meritorious service as
20    provided under Section 3-6-6.
21    (Source: P.A.   89-8,  eff.  3-21-95;  89-314,  eff.  1-1-96;
22    89-428, eff. 12-13-95; 89-462,  eff.  5-29-96;  89-477,  eff.
23    6-18-96;  89-507,  eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
24    eff. 7-31-96;  89-627,  eff.  1-1-97;  89-688,  eff.  6-1-97;
25    90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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