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92_HB2297 LRB9205093ARsb 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-5-3 as follows: 6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 7 Sec. 5-5-3. Disposition. 8 (a) Every person convicted of an offense shall be 9 sentenced as provided in this Section. 10 (b) The following options shall be appropriate 11 dispositions, alone or in combination, for all felonies and 12 misdemeanors other than those identified in subsection (c) of 13 this Section: 14 (1) A period of probation. 15 (2) A term of periodic imprisonment. 16 (3) A term of conditional discharge. 17 (4) A term of imprisonment. 18 (5) An order directing the offender to clean up and 19 repair the damage, if the offender was convicted under 20 paragraph (h) of Section 21-1 of the Criminal Code of 21 1961. 22 (6) A fine. 23 (7) An order directing the offender to make 24 restitution to the victim under Section 5-5-6 of this 25 Code. 26 (8) A sentence of participation in a county impact 27 incarceration program under Section 5-8-1.2 of this Code. 28 Whenever an individual is sentenced for an offense based 29 upon an arrest for a violation of Section 11-501 of the 30 Illinois Vehicle Code, or a similar provision of a local 31 ordinance, and the professional evaluation recommends -2- LRB9205093ARsb 1 remedial or rehabilitative treatment or education, neither 2 the treatment nor the education shall be the sole disposition 3 and either or both may be imposed only in conjunction with 4 another disposition. The court shall monitor compliance with 5 any remedial education or treatment recommendations contained 6 in the professional evaluation. Programs conducting alcohol 7 or other drug evaluation or remedial education must be 8 licensed by the Department of Human Services. However, if 9 the individual is not a resident of Illinois, the court may 10 accept an alcohol or other drug evaluation or remedial 11 education program in the state of such individual's 12 residence. Programs providing treatment must be licensed 13 under existing applicable alcoholism and drug treatment 14 licensure standards. 15 In addition to any other fine or penalty required by law, 16 any individual convicted of a violation of Section 11-501 of 17 the Illinois Vehicle Code or a similar provision of local 18 ordinance, whose operation of a motor vehicle while in 19 violation of Section 11-501 or such ordinance proximately 20 caused an incident resulting in an appropriate emergency 21 response, shall be required to make restitution to a public 22 agency for the costs of that emergency response. Such 23 restitution shall not exceed $500 per public agency for each 24 such emergency response. For the purpose of this paragraph, 25 emergency response shall mean any incident requiring a 26 response by: a police officer as defined under Section 1-162 27 of the Illinois Vehicle Code; a fireman carried on the rolls 28 of a regularly constituted fire department; and an ambulance 29 as defined under Section 4.05 of the Emergency Medical 30 Services (EMS) Systems Act. 31 Neither a fine nor restitution shall be the sole 32 disposition for a felony and either or both may be imposed 33 only in conjunction with another disposition. 34 (c) (1) When a defendant is found guilty of first degree -3- LRB9205093ARsb 1 murder the State may either seek a sentence of 2 imprisonment under Section 5-8-1 of this Code, or where 3 appropriate seek a sentence of death under Section 9-1 of 4 the Criminal Code of 1961. 5 (2) A period of probation, a term of periodic 6 imprisonment or conditional discharge shall not be 7 imposed for the following offenses. The court shall 8 sentence the offender to not less than the minimum term 9 of imprisonment set forth in this Code for the following 10 offenses, and may order a fine or restitution or both in 11 conjunction with such term of imprisonment: 12 (A) First degree murder where the death 13 penalty is not imposed. 14 (B) Attempted first degree murder. 15 (C) A Class X felony. 16 (D) A violation of Section 401.1 or 407 of the 17 Illinois Controlled Substances Act, or a violation 18 of subdivision (c)(2) of Section 401 of that Act 19 which relates to more than 5 grams of a substance 20 containing cocaine or an analog thereof. 21 (E) A violation of Section 5.1 or 9 of the 22 Cannabis Control Act. 23 (F) A Class 2 or greater felony if the 24 offender had been convicted of a Class 2 or greater 25 felony within 10 years of the date on which the 26 offender committed the offense for which he or she 27 is being sentenced, except as otherwise provided in 28 Section 40-10 of the Alcoholism and Other Drug Abuse 29 and Dependency Act. 30 (G) Residential burglary, except as otherwise 31 provided in Section 40-10 of the Alcoholism and 32 Other Drug Abuse and Dependency Act. 33 (H) Criminal sexual assault, except as 34 otherwise provided in subsection (e) of this -4- LRB9205093ARsb 1 Section. 2 (I) Aggravated battery of a senior citizen. 3 (J) A forcible felony if the offense was 4 related to the activities of an organized gang. 5 Before July 1, 1994, for the purposes of this 6 paragraph, "organized gang" means an association of 7 5 or more persons, with an established hierarchy, 8 that encourages members of the association to 9 perpetrate crimes or provides support to the members 10 of the association who do commit crimes. 11 Beginning July 1, 1994, for the purposes of 12 this paragraph, "organized gang" has the meaning 13 ascribed to it in Section 10 of the Illinois 14 Streetgang Terrorism Omnibus Prevention Act. 15 (K) Vehicular hijacking. 16 (L) A second or subsequent conviction for the 17 offense of hate crime when the underlying offense 18 upon which the hate crime is based is felony 19 aggravated assault or felony mob action. 20 (M) A second or subsequent conviction for the 21 offense of institutional vandalism if the damage to 22 the property exceeds $300. 23 (N) A Class 3 felony violation of paragraph 24 (1) of subsection (a) of Section 2 of the Firearm 25 Owners Identification Card Act. 26 (O) A violation of Section 12-6.1 of the 27 Criminal Code of 1961. 28 (P) A violation of paragraph (1), (2), (3), 29 (4), (5), or (7) of subsection (a) of Section 30 11-20.1 of the Criminal Code of 1961. 31 (Q) A violation of Section 20-1.2 of the 32 Criminal Code of 1961. 33 (R) A violation of Section 24-3A of the 34 Criminal Code of 1961. -5- LRB9205093ARsb 1 (3) A minimum term of imprisonment of not less than 2 48 consecutive hours or 100 hours of community service as 3 may be determined by the court shall be imposed for a 4 second or subsequent violation committed within 5 years 5 of a previous violation of Section 11-501 of the Illinois 6 Vehicle Code or a similar provision of a local ordinance. 7 (4) A minimum term of imprisonment of not less than 8 7 consecutive days or 30 days of community service shall 9 be imposed for a violation of paragraph (c) of Section 10 6-303 of the Illinois Vehicle Code. 11 (4.1) A minimum term of 30 consecutive days of 12 imprisonment, 40 days of 24 hour periodic imprisonment or 13 720 hours of community service, as may be determined by 14 the court, shall be imposed for a violation of Section 15 11-501 of the Illinois Vehicle Code during a period in 16 which the defendant's driving privileges are revoked or 17 suspended, where the revocation or suspension was for a 18 violation of Section 11-501 or Section 11-501.1 of that 19 Code. 20 (5) The court may sentence an offender convicted of 21 a business offense or a petty offense or a corporation or 22 unincorporated association convicted of any offense to: 23 (A) a period of conditional discharge; 24 (B) a fine; 25 (C) make restitution to the victim under 26 Section 5-5-6 of this Code. 27 (6) In no case shall an offender be eligible for a 28 disposition of probation or conditional discharge for a 29 Class 1 felony committed while he was serving a term of 30 probation or conditional discharge for a felony. 31 (7) When a defendant is adjudged a habitual 32 criminal under Article 33B of the Criminal Code of 1961, 33 the court shall sentence the defendant to a term of 34 natural life imprisonment. -6- LRB9205093ARsb 1 (8) When a defendant, over the age of 21 years, is 2 convicted of a Class 1 or Class 2 felony, after having 3 twice been convicted of any Class 2 or greater Class 4 felonies in Illinois, and such charges are separately 5 brought and tried and arise out of different series of 6 acts, such defendant shall be sentenced as a Class X 7 offender. This paragraph shall not apply unless (1) the 8 first felony was committed after the effective date of 9 this amendatory Act of 1977; and (2) the second felony 10 was committed after conviction on the first; and (3) the 11 third felony was committed after conviction on the 12 second. 13 When a defendant, over the age of 21 years, is 14 convicted of a Class 3 felony, after having twice been 15 convicted of any Class 3 felony or greater class offense 16 in Illinois, and such charges are separately brought and 17 tried and arise out of different series of acts, such 18 defendant shall be sentenced as a Class 1 offender and 19 shall not be eligible for probation or conditional 20 discharge. This paragraph shall not apply unless (1) the 21 first felony was committed after the effective date of 22 this amendatory Act of the 92nd General Assembly; and 23 (2) the second felony was committed after conviction on 24 the first; and (3) the third felony was committed after 25 conviction of the second. 26 (9) A defendant convicted of a second or subsequent 27 offense of ritualized abuse of a child may be sentenced 28 to a term of natural life imprisonment. 29 (d) In any case in which a sentence originally imposed 30 is vacated, the case shall be remanded to the trial court. 31 The trial court shall hold a hearing under Section 5-4-1 of 32 the Unified Code of Corrections which may include evidence of 33 the defendant's life, moral character and occupation during 34 the time since the original sentence was passed. The trial -7- LRB9205093ARsb 1 court shall then impose sentence upon the defendant. The 2 trial court may impose any sentence which could have been 3 imposed at the original trial subject to Section 5-5-4 of the 4 Unified Code of Corrections. 5 (e) In cases where prosecution for criminal sexual 6 assault or aggravated criminal sexual abuse under Section 7 12-13 or 12-16 of the Criminal Code of 1961 results in 8 conviction of a defendant who was a family member of the 9 victim at the time of the commission of the offense, the 10 court shall consider the safety and welfare of the victim and 11 may impose a sentence of probation only where: 12 (1) the court finds (A) or (B) or both are 13 appropriate: 14 (A) the defendant is willing to undergo a 15 court approved counseling program for a minimum 16 duration of 2 years; or 17 (B) the defendant is willing to participate in 18 a court approved plan including but not limited to 19 the defendant's: 20 (i) removal from the household; 21 (ii) restricted contact with the victim; 22 (iii) continued financial support of the 23 family; 24 (iv) restitution for harm done to the 25 victim; and 26 (v) compliance with any other measures 27 that the court may deem appropriate; and 28 (2) the court orders the defendant to pay for the 29 victim's counseling services, to the extent that the 30 court finds, after considering the defendant's income and 31 assets, that the defendant is financially capable of 32 paying for such services, if the victim was under 18 33 years of age at the time the offense was committed and 34 requires counseling as a result of the offense. -8- LRB9205093ARsb 1 Probation may be revoked or modified pursuant to Section 2 5-6-4; except where the court determines at the hearing that 3 the defendant violated a condition of his or her probation 4 restricting contact with the victim or other family members 5 or commits another offense with the victim or other family 6 members, the court shall revoke the defendant's probation and 7 impose a term of imprisonment. 8 For the purposes of this Section, "family member" and 9 "victim" shall have the meanings ascribed to them in Section 10 12-12 of the Criminal Code of 1961. 11 (f) This Article shall not deprive a court in other 12 proceedings to order a forfeiture of property, to suspend or 13 cancel a license, to remove a person from office, or to 14 impose any other civil penalty. 15 (g) Whenever a defendant is convicted of an offense 16 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 17 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 18 12-15 or 12-16 of the Criminal Code of 1961, the defendant 19 shall undergo medical testing to determine whether the 20 defendant has any sexually transmissible disease, including a 21 test for infection with human immunodeficiency virus (HIV) or 22 any other identified causative agent of acquired 23 immunodeficiency syndrome (AIDS). Any such medical test 24 shall be performed only by appropriately licensed medical 25 practitioners and may include an analysis of any bodily 26 fluids as well as an examination of the defendant's person. 27 Except as otherwise provided by law, the results of such test 28 shall be kept strictly confidential by all medical personnel 29 involved in the testing and must be personally delivered in a 30 sealed envelope to the judge of the court in which the 31 conviction was entered for the judge's inspection in camera. 32 Acting in accordance with the best interests of the victim 33 and the public, the judge shall have the discretion to 34 determine to whom, if anyone, the results of the testing may -9- LRB9205093ARsb 1 be revealed. The court shall notify the defendant of the test 2 results. The court shall also notify the victim if requested 3 by the victim, and if the victim is under the age of 15 and 4 if requested by the victim's parents or legal guardian, the 5 court shall notify the victim's parents or legal guardian of 6 the test results. The court shall provide information on the 7 availability of HIV testing and counseling at Department of 8 Public Health facilities to all parties to whom the results 9 of the testing are revealed and shall direct the State's 10 Attorney to provide the information to the victim when 11 possible. A State's Attorney may petition the court to obtain 12 the results of any HIV test administered under this Section, 13 and the court shall grant the disclosure if the State's 14 Attorney shows it is relevant in order to prosecute a charge 15 of criminal transmission of HIV under Section 12-16.2 of the 16 Criminal Code of 1961 against the defendant. The court shall 17 order that the cost of any such test shall be paid by the 18 county and may be taxed as costs against the convicted 19 defendant. 20 (g-5) When an inmate is tested for an airborne 21 communicable disease, as determined by the Illinois 22 Department of Public Health including but not limited to 23 tuberculosis, the results of the test shall be personally 24 delivered by the warden or his or her designee in a sealed 25 envelope to the judge of the court in which the inmate must 26 appear for the judge's inspection in camera if requested by 27 the judge. Acting in accordance with the best interests of 28 those in the courtroom, the judge shall have the discretion 29 to determine what if any precautions need to be taken to 30 prevent transmission of the disease in the courtroom. 31 (h) Whenever a defendant is convicted of an offense 32 under Section 1 or 2 of the Hypodermic Syringes and Needles 33 Act, the defendant shall undergo medical testing to determine 34 whether the defendant has been exposed to human -10- LRB9205093ARsb 1 immunodeficiency virus (HIV) or any other identified 2 causative agent of acquired immunodeficiency syndrome (AIDS). 3 Except as otherwise provided by law, the results of such test 4 shall be kept strictly confidential by all medical personnel 5 involved in the testing and must be personally delivered in a 6 sealed envelope to the judge of the court in which the 7 conviction was entered for the judge's inspection in camera. 8 Acting in accordance with the best interests of the public, 9 the judge shall have the discretion to determine to whom, if 10 anyone, the results of the testing may be revealed. The court 11 shall notify the defendant of a positive test showing an 12 infection with the human immunodeficiency virus (HIV). The 13 court shall provide information on the availability of HIV 14 testing and counseling at Department of Public Health 15 facilities to all parties to whom the results of the testing 16 are revealed and shall direct the State's Attorney to provide 17 the information to the victim when possible. A State's 18 Attorney may petition the court to obtain the results of any 19 HIV test administered under this Section, and the court 20 shall grant the disclosure if the State's Attorney shows it 21 is relevant in order to prosecute a charge of criminal 22 transmission of HIV under Section 12-16.2 of the Criminal 23 Code of 1961 against the defendant. The court shall order 24 that the cost of any such test shall be paid by the county 25 and may be taxed as costs against the convicted defendant. 26 (i) All fines and penalties imposed under this Section 27 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 28 Vehicle Code, or a similar provision of a local ordinance, 29 and any violation of the Child Passenger Protection Act, or a 30 similar provision of a local ordinance, shall be collected 31 and disbursed by the circuit clerk as provided under Section 32 27.5 of the Clerks of Courts Act. 33 (j) In cases when prosecution for any violation of 34 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, -11- LRB9205093ARsb 1 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 2 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 3 12-16 of the Criminal Code of 1961, any violation of the 4 Illinois Controlled Substances Act, or any violation of the 5 Cannabis Control Act results in conviction, a disposition of 6 court supervision, or an order of probation granted under 7 Section 10 of the Cannabis Control Act or Section 410 of the 8 Illinois Controlled Substance Act of a defendant, the court 9 shall determine whether the defendant is employed by a 10 facility or center as defined under the Child Care Act of 11 1969, a public or private elementary or secondary school, or 12 otherwise works with children under 18 years of age on a 13 daily basis. When a defendant is so employed, the court 14 shall order the Clerk of the Court to send a copy of the 15 judgment of conviction or order of supervision or probation 16 to the defendant's employer by certified mail. If the 17 employer of the defendant is a school, the Clerk of the Court 18 shall direct the mailing of a copy of the judgment of 19 conviction or order of supervision or probation to the 20 appropriate regional superintendent of schools. The regional 21 superintendent of schools shall notify the State Board of 22 Education of any notification under this subsection. 23 (j-5) A defendant at least 17 years of age who is 24 convicted of a felony and who has not been previously 25 convicted of a misdemeanor or felony and who is sentenced to 26 a term of imprisonment in the Illinois Department of 27 Corrections shall as a condition of his or her sentence be 28 required by the court to attend educational courses designed 29 to prepare the defendant for a high school diploma and to 30 work toward a high school diploma or to work toward passing 31 the high school level Test of General Educational Development 32 (GED) or to work toward completing a vocational training 33 program offered by the Department of Corrections. If a 34 defendant fails to complete the educational training required -12- LRB9205093ARsb 1 by his or her sentence during the term of incarceration, the 2 Prisoner Review Board shall, as a condition of mandatory 3 supervised release, require the defendant, at his or her own 4 expense, to pursue a course of study toward a high school 5 diploma or passage of the GED test. The Prisoner Review 6 Board shall revoke the mandatory supervised release of a 7 defendant who wilfully fails to comply with this subsection 8 (j-5) upon his or her release from confinement in a penal 9 institution while serving a mandatory supervised release 10 term; however, the inability of the defendant after making a 11 good faith effort to obtain financial aid or pay for the 12 educational training shall not be deemed a wilful failure to 13 comply. The Prisoner Review Board shall recommit the 14 defendant whose mandatory supervised release term has been 15 revoked under this subsection (j-5) as provided in Section 16 3-3-9. This subsection (j-5) does not apply to a defendant 17 who has a high school diploma or has successfully passed the 18 GED test. This subsection (j-5) does not apply to a defendant 19 who is determined by the court to be developmentally disabled 20 or otherwise mentally incapable of completing the educational 21 or vocational program. 22 (k) A court may not impose a sentence or disposition for 23 a felony or misdemeanor that requires the defendant to be 24 implanted or injected with or to use any form of birth 25 control. 26 (l) (A) Except as provided in paragraph (C) of 27 subsection (l), whenever a defendant, who is an alien as 28 defined by the Immigration and Nationality Act, is 29 convicted of any felony or misdemeanor offense, the court 30 after sentencing the defendant may, upon motion of the 31 State's Attorney, hold sentence in abeyance and remand 32 the defendant to the custody of the Attorney General of 33 the United States or his or her designated agent to be 34 deported when: -13- LRB9205093ARsb 1 (1) a final order of deportation has been 2 issued against the defendant pursuant to proceedings 3 under the Immigration and Nationality Act, and 4 (2) the deportation of the defendant would not 5 deprecate the seriousness of the defendant's conduct 6 and would not be inconsistent with the ends of 7 justice. 8 Otherwise, the defendant shall be sentenced as 9 provided in this Chapter V. 10 (B) If the defendant has already been sentenced for 11 a felony or misdemeanor offense, or has been placed on 12 probation under Section 10 of the Cannabis Control Act or 13 Section 410 of the Illinois Controlled Substances Act, 14 the court may, upon motion of the State's Attorney to 15 suspend the sentence imposed, commit the defendant to the 16 custody of the Attorney General of the United States or 17 his or her designated agent when: 18 (1) a final order of deportation has been 19 issued against the defendant pursuant to proceedings 20 under the Immigration and Nationality Act, and 21 (2) the deportation of the defendant would not 22 deprecate the seriousness of the defendant's conduct 23 and would not be inconsistent with the ends of 24 justice. 25 (C) This subsection (l) does not apply to offenders 26 who are subject to the provisions of paragraph (2) of 27 subsection (a) of Section 3-6-3. 28 (D) Upon motion of the State's Attorney, if a 29 defendant sentenced under this Section returns to the 30 jurisdiction of the United States, the defendant shall be 31 recommitted to the custody of the county from which he or 32 she was sentenced. Thereafter, the defendant shall be 33 brought before the sentencing court, which may impose any 34 sentence that was available under Section 5-5-3 at the -14- LRB9205093ARsb 1 time of initial sentencing. In addition, the defendant 2 shall not be eligible for additional good conduct credit 3 for meritorious service as provided under Section 3-6-6. 4 (m) A person convicted of criminal defacement of 5 property under Section 21-1.3 of the Criminal Code of 1961, 6 in which the property damage exceeds $300 and the property 7 damaged is a school building, shall be ordered to perform 8 community service that may include cleanup, removal, or 9 painting over the defacement. 10 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 11 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 12 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 13 12-22-99; 91-695, eff. 4-13-00.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.
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