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91_HB3292
LRB9111651DHcd
1 AN ACT to amend the Unified Code of Correction by
2 changing Section 5-5-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended
6 by changing Section 5-5-3 as follows:
7 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
8 Sec. 5-5-3. Disposition.
9 (a) Every person convicted of an offense shall be
10 sentenced as provided in this Section.
11 (b) The following options shall be appropriate
12 dispositions, alone or in combination, for all felonies and
13 misdemeanors other than those identified in subsection (c) of
14 this Section:
15 (1) A period of probation.
16 (2) A term of periodic imprisonment.
17 (3) A term of conditional discharge.
18 (4) A term of imprisonment.
19 (5) An order directing the offender to clean up and
20 repair the damage, if the offender was convicted under
21 paragraph (h) of Section 21-1 of the Criminal Code of
22 1961.
23 (6) A fine.
24 (7) An order directing the offender to make
25 restitution to the victim under Section 5-5-6 of this
26 Code.
27 (8) A sentence of participation in a county impact
28 incarceration program under Section 5-8-1.2 of this Code.
29 Whenever an individual is sentenced for an offense based
30 upon an arrest for a violation of Section 11-501 of the
31 Illinois Vehicle Code, or a similar provision of a local
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1 ordinance, and the professional evaluation recommends
2 remedial or rehabilitative treatment or education, neither
3 the treatment nor the education shall be the sole disposition
4 and either or both may be imposed only in conjunction with
5 another disposition. The court shall monitor compliance with
6 any remedial education or treatment recommendations contained
7 in the professional evaluation. Programs conducting alcohol
8 or other drug evaluation or remedial education must be
9 licensed by the Department of Human Services. However, if
10 the individual is not a resident of Illinois, the court may
11 accept an alcohol or other drug evaluation or remedial
12 education program in the state of such individual's
13 residence. Programs providing treatment must be licensed
14 under existing applicable alcoholism and drug treatment
15 licensure standards.
16 In addition to any other fine or penalty required by law,
17 any individual convicted of a violation of Section 11-501 of
18 the Illinois Vehicle Code or a similar provision of local
19 ordinance, whose operation of a motor vehicle while in
20 violation of Section 11-501 or such ordinance proximately
21 caused an incident resulting in an appropriate emergency
22 response, shall be required to make restitution to a public
23 agency for the costs of that emergency response. Such
24 restitution shall not exceed $500 per public agency for each
25 such emergency response. For the purpose of this paragraph,
26 emergency response shall mean any incident requiring a
27 response by: a police officer as defined under Section 1-162
28 of the Illinois Vehicle Code; a fireman carried on the rolls
29 of a regularly constituted fire department; and an ambulance
30 as defined under Section 4.05 of the Emergency Medical
31 Services (EMS) Systems Act.
32 Neither a fine nor restitution shall be the sole
33 disposition for a felony and either or both may be imposed
34 only in conjunction with another disposition.
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1 (c) (1) When a defendant is found guilty of first degree
2 murder the State may either seek a sentence of
3 imprisonment under Section 5-8-1 of this Code, or where
4 appropriate seek a sentence of death under Section 9-1 of
5 the Criminal Code of 1961.
6 (2) A period of probation, a term of periodic
7 imprisonment or conditional discharge shall not be
8 imposed for the following offenses. The court shall
9 sentence the offender to not less than the minimum term
10 of imprisonment set forth in this Code for the following
11 offenses, and may order a fine or restitution or both in
12 conjunction with such term of imprisonment:
13 (A) First degree murder where the death
14 penalty is not imposed.
15 (B) Attempted first degree murder.
16 (C) A Class X felony.
17 (D) A violation of Section 401.1 or 407 of the
18 Illinois Controlled Substances Act, or a violation
19 of subdivision (c)(2) of Section 401 of that Act
20 which relates to more than 5 grams of a substance
21 containing cocaine or an analog thereof.
22 (E) A violation of Section 5.1 or 9 of the
23 Cannabis Control Act.
24 (F) A Class 2 or greater felony if the
25 offender had been convicted of a Class 2 or greater
26 felony within 10 years of the date on which the
27 offender committed the offense for which he or she
28 is being sentenced, except as otherwise provided in
29 Section 40-10 of the Alcoholism and Other Drug Abuse
30 and Dependency Act.
31 (G) Residential burglary, except as otherwise
32 provided in Section 40-10 of the Alcoholism and
33 Other Drug Abuse and Dependency Act.
34 (H) Criminal sexual assault, except as
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1 otherwise provided in subsection (e) of this
2 Section.
3 (I) Aggravated battery of a senior citizen.
4 (J) A forcible felony if the offense was
5 related to the activities of an organized gang.
6 Before July 1, 1994, for the purposes of this
7 paragraph, "organized gang" means an association of
8 5 or more persons, with an established hierarchy,
9 that encourages members of the association to
10 perpetrate crimes or provides support to the members
11 of the association who do commit crimes.
12 Beginning July 1, 1994, for the purposes of
13 this paragraph, "organized gang" has the meaning
14 ascribed to it in Section 10 of the Illinois
15 Streetgang Terrorism Omnibus Prevention Act.
16 (K) Vehicular hijacking.
17 (L) A second or subsequent conviction for the
18 offense of hate crime when the underlying offense
19 upon which the hate crime is based is felony
20 aggravated assault or felony mob action.
21 (M) A second or subsequent conviction for the
22 offense of institutional vandalism if the damage to
23 the property exceeds $300.
24 (N) A Class 3 felony violation of paragraph
25 (1) of subsection (a) of Section 2 of the Firearm
26 Owners Identification Card Act.
27 (O) A violation of Section 12-6.1 of the
28 Criminal Code of 1961.
29 (P) A violation of paragraph (1), (2), (3),
30 (4), (5), or (7) of subsection (a) of Section
31 11-20.1 of the Criminal Code of 1961.
32 (Q) A violation of Section 20-1.2 of the
33 Criminal Code of 1961.
34 (R) A violation of Section 24-3A of the
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1 Criminal Code of 1961.
2 (3) A minimum term of imprisonment of not less than
3 48 consecutive hours or 100 hours of community service as
4 may be determined by the court shall be imposed for a
5 second or subsequent violation committed within 5 years
6 of a previous violation of Section 11-501 of the Illinois
7 Vehicle Code or a similar provision of a local ordinance.
8 (4) A minimum term of imprisonment of not less than
9 7 consecutive days or 30 days of community service shall
10 be imposed for a violation of paragraph (c) of Section
11 6-303 of the Illinois Vehicle Code.
12 (4.1) A minimum term of 30 consecutive days of
13 imprisonment, 40 days of 24 hour periodic imprisonment or
14 720 hours of community service, as may be determined by
15 the court, shall be imposed for a violation of Section
16 11-501 of the Illinois Vehicle Code during a period in
17 which the defendant's driving privileges are revoked or
18 suspended, where the revocation or suspension was for a
19 violation of Section 11-501 or Section 11-501.1 of that
20 Code.
21 (4.2) A defendant sentenced for violation of
22 Section 11-501 of the Illinois Vehicle Code or a similar
23 provision of a local ordinance may not receive a
24 disposition of court supervision if that person at the
25 time of his or her arrest refused to submit to a chemical
26 test or tests of blood, breath, or urine under Section
27 11-501.1 of that Code for the purpose of determining the
28 content of alcohol, other drug or drugs, or intoxicating
29 compound or compounds, or any combination thereof in the
30 person's blood.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (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.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (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 of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (d) In any case in which a sentence originally imposed
28 is vacated, the case shall be remanded to the trial court.
29 The trial court shall hold a hearing under Section 5-4-1 of
30 the Unified Code of Corrections which may include evidence of
31 the defendant's life, moral character and occupation during
32 the time since the original sentence was passed. The trial
33 court shall then impose sentence upon the defendant. The
34 trial court may impose any sentence which could have been
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1 imposed at the original trial subject to Section 5-5-4 of the
2 Unified Code of Corrections.
3 (e) In cases where prosecution for criminal sexual
4 assault or aggravated criminal sexual abuse under Section
5 12-13 or 12-16 of the Criminal Code of 1961 results in
6 conviction of a defendant who was a family member of the
7 victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10 (1) the court finds (A) or (B) or both are
11 appropriate:
12 (A) the defendant is willing to undergo a
13 court approved counseling program for a minimum
14 duration of 2 years; or
15 (B) the defendant is willing to participate in
16 a court approved plan including but not limited to
17 the defendant's:
18 (i) removal from the household;
19 (ii) restricted contact with the victim;
20 (iii) continued financial support of the
21 family;
22 (iv) restitution for harm done to the
23 victim; and
24 (v) compliance with any other measures
25 that the court may deem appropriate; and
26 (2) the court orders the defendant to pay for the
27 victim's counseling services, to the extent that the
28 court finds, after considering the defendant's income and
29 assets, that the defendant is financially capable of
30 paying for such services, if the victim was under 18
31 years of age at the time the offense was committed and
32 requires counseling as a result of the offense.
33 Probation may be revoked or modified pursuant to Section
34 5-6-4; except where the court determines at the hearing that
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1 the defendant violated a condition of his or her probation
2 restricting contact with the victim or other family members
3 or commits another offense with the victim or other family
4 members, the court shall revoke the defendant's probation and
5 impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7 "victim" shall have the meanings ascribed to them in Section
8 12-12 of the Criminal Code of 1961.
9 (f) This Article shall not deprive a court in other
10 proceedings to order a forfeiture of property, to suspend or
11 cancel a license, to remove a person from office, or to
12 impose any other civil penalty.
13 (g) Whenever a defendant is convicted of an offense
14 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
15 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
16 12-15 or 12-16 of the Criminal Code of 1961, the defendant
17 shall undergo medical testing to determine whether the
18 defendant has any sexually transmissible disease, including a
19 test for infection with human immunodeficiency virus (HIV) or
20 any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Any such medical test
22 shall be performed only by appropriately licensed medical
23 practitioners and may include an analysis of any bodily
24 fluids as well as an examination of the defendant's person.
25 Except as otherwise provided by law, the results of such test
26 shall be kept strictly confidential by all medical personnel
27 involved in the testing and must be personally delivered in a
28 sealed envelope to the judge of the court in which the
29 conviction was entered for the judge's inspection in camera.
30 Acting in accordance with the best interests of the victim
31 and the public, the judge shall have the discretion to
32 determine to whom, if anyone, the results of the testing may
33 be revealed. The court shall notify the defendant of the test
34 results. The court shall also notify the victim if requested
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1 by the victim, and if the victim is under the age of 15 and
2 if requested by the victim's parents or legal guardian, the
3 court shall notify the victim's parents or legal guardian of
4 the test results. The court shall provide information on the
5 availability of HIV testing and counseling at Department of
6 Public Health facilities to all parties to whom the results
7 of the testing are revealed and shall direct the State's
8 Attorney to provide the information to the victim when
9 possible. A State's Attorney may petition the court to obtain
10 the results of any HIV test administered under this Section,
11 and the court shall grant the disclosure if the State's
12 Attorney shows it is relevant in order to prosecute a charge
13 of criminal transmission of HIV under Section 12-16.2 of the
14 Criminal Code of 1961 against the defendant. The court shall
15 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 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois
20 Department of Public Health including but not limited to
21 tuberculosis, the results of the test shall be personally
22 delivered by the warden or his or her designee in a sealed
23 envelope to the judge of the court in which the inmate must
24 appear for the judge's inspection in camera if requested by
25 the judge. Acting in accordance with the best interests of
26 those in the courtroom, the judge shall have the discretion
27 to determine what if any precautions need to be taken to
28 prevent transmission of the disease in the courtroom.
29 (h) Whenever a defendant is convicted of an offense
30 under Section 1 or 2 of the Hypodermic Syringes and Needles
31 Act, the defendant shall undergo medical testing to determine
32 whether the defendant has been exposed to human
33 immunodeficiency virus (HIV) or any other identified
34 causative agent of acquired immunodeficiency syndrome (AIDS).
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1 Except as otherwise provided by law, the results of such test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 conviction was entered for the judge's inspection in camera.
6 Acting in accordance with the best interests of the public,
7 the judge shall have the discretion to determine to whom, if
8 anyone, the results of the testing may be revealed. The court
9 shall notify the defendant of a positive test showing an
10 infection with the human immunodeficiency virus (HIV). The
11 court shall provide information on the availability of HIV
12 testing and counseling at Department of Public Health
13 facilities to all parties to whom the results of the testing
14 are revealed and shall direct the State's Attorney to provide
15 the information to the victim when possible. A State's
16 Attorney may petition the court to obtain the results of any
17 HIV test administered under this Section, and the court
18 shall grant the disclosure if the State's Attorney shows it
19 is relevant in order to prosecute a charge of criminal
20 transmission of HIV under Section 12-16.2 of the Criminal
21 Code of 1961 against the defendant. The court shall order
22 that the cost of any such test shall be paid by the county
23 and may be taxed as costs against the convicted defendant.
24 (i) All fines and penalties imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance,
27 and any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected
29 and disbursed by the circuit clerk as provided under Section
30 27.5 of the Clerks of Courts Act.
31 (j) In cases when prosecution for any violation of
32 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
33 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
34 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
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1 12-16 of the Criminal Code of 1961, any violation of the
2 Illinois Controlled Substances Act, or any violation of the
3 Cannabis Control Act results in conviction, a disposition of
4 court supervision, or an order of probation granted under
5 Section 10 of the Cannabis Control Act or Section 410 of the
6 Illinois Controlled Substance Act of a defendant, the court
7 shall determine whether the defendant is employed by a
8 facility or center as defined under the Child Care Act of
9 1969, a public or private elementary or secondary school, or
10 otherwise works with children under 18 years of age on a
11 daily basis. When a defendant is so employed, the court
12 shall order the Clerk of the Court to send a copy of the
13 judgment of conviction or order of supervision or probation
14 to the defendant's employer by certified mail. If the
15 employer of the defendant is a school, the Clerk of the Court
16 shall direct the mailing of a copy of the judgment of
17 conviction or order of supervision or probation to the
18 appropriate regional superintendent of schools. The regional
19 superintendent of schools shall notify the State Board of
20 Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is
22 convicted of a felony and who has not been previously
23 convicted of a misdemeanor or felony and who is sentenced to
24 a term of imprisonment in the Illinois Department of
25 Corrections shall as a condition of his or her sentence be
26 required by the court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward passing
29 the high school level Test of General Educational Development
30 (GED) or to work toward completing a vocational training
31 program offered by the Department of Corrections. If a
32 defendant fails to complete the educational training required
33 by his or her sentence during the term of incarceration, the
34 Prisoner Review Board shall, as a condition of mandatory
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1 supervised release, require the defendant, at his or her own
2 expense, to pursue a course of study toward a high school
3 diploma or passage of the GED test. The Prisoner Review
4 Board shall revoke the mandatory supervised release of a
5 defendant who wilfully fails to comply with this subsection
6 (j-5) upon his or her release from confinement in a penal
7 institution while serving a mandatory supervised release
8 term; however, the inability of the defendant after making a
9 good faith effort to obtain financial aid or pay for the
10 educational training shall not be deemed a wilful failure to
11 comply. The Prisoner Review Board shall recommit the
12 defendant whose mandatory supervised release term has been
13 revoked under this subsection (j-5) as provided in Section
14 3-3-9. This subsection (j-5) does not apply to a defendant
15 who has a high school diploma or has successfully passed the
16 GED test. This subsection (j-5) does not apply to a defendant
17 who is determined by the court to be developmentally disabled
18 or otherwise mentally incapable of completing the educational
19 or vocational program.
20 (k) A court may not impose a sentence or disposition for
21 a felony or misdemeanor that requires the defendant to be
22 implanted or injected with or to use any form of birth
23 control.
24 (l) (A) Except as provided in paragraph (C) of
25 subsection (l), whenever a defendant, who is an alien as
26 defined by the Immigration and Nationality Act, is
27 convicted of any felony or misdemeanor offense, the court
28 after sentencing the defendant may, upon motion of the
29 State's Attorney, hold sentence in abeyance and remand
30 the defendant to the custody of the Attorney General of
31 the United States or his or her designated agent to be
32 deported when:
33 (1) a final order of deportation has been
34 issued against the defendant pursuant to proceedings
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1 under the Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct
4 and would not be inconsistent with the ends of
5 justice.
6 Otherwise, the defendant shall be sentenced as
7 provided in this Chapter V.
8 (B) If the defendant has already been sentenced for
9 a felony or misdemeanor offense, or has been placed on
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act,
12 the court may, upon motion of the State's Attorney to
13 suspend the sentence imposed, commit the defendant to the
14 custody of the Attorney General of the United States or
15 his or her designated agent when:
16 (1) a final order of deportation has been
17 issued against the defendant pursuant to proceedings
18 under the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of
22 justice.
23 (C) This subsection (l) does not apply to offenders
24 who are subject to the provisions of paragraph (2) of
25 subsection (a) of Section 3-6-3.
26 (D) Upon motion of the State's Attorney, if a
27 defendant sentenced under this Section returns to the
28 jurisdiction of the United States, the defendant shall be
29 recommitted to the custody of the county from which he or
30 she was sentenced. Thereafter, the defendant shall be
31 brought before the sentencing court, which may impose any
32 sentence that was available under Section 5-5-3 at the
33 time of initial sentencing. In addition, the defendant
34 shall not be eligible for additional good conduct credit
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1 for meritorious service as provided under Section 3-6-6.
2 (m) A person convicted of criminal defacement of
3 property under Section 21-1.3 of the Criminal Code of 1961,
4 in which the property damage exceeds $300 and the property
5 damaged is a school building, shall be ordered to perform
6 community service that may include cleanup, removal, or
7 painting over the defacement.
8 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
9 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
10 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
11 12-22-99; revised 1-5-00.)
12 Section 99. Effective date. This Act takes effective
13 January 1, 2001.