State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ]


92_HB4245enr

 
HB4245 Enrolled                               LRB9213693RCcdA

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Controlled Substances Act is
 5    amended by changing Section 401 as follows:

 6        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
 7        Sec. 401.  Except  as  authorized  by  this  Act,  it  is
 8    unlawful  for  any  person  knowingly  to: (i) manufacture or
 9    deliver, or possess with intent to manufacture or deliver,  a
10    controlled  or  counterfeit substance or controlled substance
11    analog or  (ii)  possess  any  methamphetamine  manufacturing
12    chemical  listed  in  paragraph (z-1) of Section 102 with the
13    intent to manufacture  methamphetamine  or  the  salt  of  an
14    optical  isomer  of  methamphetamine or an analog thereof.  A
15    violation of this Act with respect to each of the  controlled
16    substances  listed  herein  constitutes a single and separate
17    violation  of  this  Act.   For  purposes  of  this  Section,
18    "controlled substance analog" or "analog" means  a  substance
19    which  is  intended  for  human  consumption,  other  than  a
20    controlled   substance,   that   has   a  chemical  structure
21    substantially similar to that of a  controlled  substance  in
22    Schedule  I  or  II,  or  that  was  specifically designed to
23    produce  an  effect  substantially  similar  to  that  of   a
24    controlled  substance  in  Schedule  I  or  II.   Examples of
25    chemical classes in which controlled  substance  analogs  are
26    found  include,  but  are  not  limited  to,  the  following:
27    phenethylamines,   N-substituted   piperidines,   morphinans,
28    ecgonines,    quinazolinones,    substituted   indoles,   and
29    arylcycloalkylamines.  For purposes of this Act, a controlled
30    substance analog shall be treated in the same manner  as  the
31    controlled substance to which it is substantially similar.
 
HB4245 Enrolled             -2-               LRB9213693RCcdA
 1        (a)  Any person who violates this Section with respect to
 2    the following amounts of controlled or counterfeit substances
 3    or  controlled  substance analogs, notwithstanding any of the
 4    provisions of subsections (c), (c-5), (d), (d-5),  (e),  (f),
 5    (g) or (h) to the contrary, is guilty of a Class X felony and
 6    shall  be  sentenced to a term of imprisonment as provided in
 7    this subsection (a) and fined as provided in subsection (b):
 8             (1) (A)  not less than 6 years and not more than  30
 9             years with respect to 15 grams or more but less than
10             100  grams  of  a substance containing heroin, or an
11             analog thereof;
12                  (B)  not less than 9 years and not more than 40
13             years with respect to 100 grams  or  more  but  less
14             than  400 grams of a substance containing heroin, or
15             an analog thereof;
16                  (C)  not less than 12 years and not  more  than
17             50  years with respect to 400 grams or more but less
18             than 900 grams of a substance containing heroin,  or
19             an analog thereof;
20                  (D)  not  less  than 15 years and not more than
21             60 years with respect to 900 grams or  more  of  any
22             substance containing heroin, or an analog thereof;

23             (2) (A)  not  less than 6 years and not more than 30
24             years with respect to 15 grams or more but less than
25             100 grams of a substance containing cocaine,  or  an
26             analog thereof;
27                  (B)  not less than 9 years and not more than 40
28             years  with  respect  to  100 grams or more but less
29             than 400 grams of a substance containing cocaine, or
30             an analog thereof;
31                  (C)  not less than 12 years and not  more  than
32             50  years with respect to 400 grams or more but less
33             than 900 grams of a substance containing cocaine, or
34             an analog thereof;
 
HB4245 Enrolled             -3-               LRB9213693RCcdA
 1                  (D)  not less than 15 years and not  more  than
 2             60  years  with  respect to 900 grams or more of any
 3             substance containing cocaine, or an analog thereof;

 4             (3) (A)  not less than 6 years and not more than  30
 5             years with respect to 15 grams or more but less than
 6             100  grams of a substance containing morphine, or an
 7             analog thereof;
 8                  (B)  not less than 9 years and not more than 40
 9             years with respect to 100 grams  or  more  but  less
10             than  400  grams of a substance containing morphine,
11             or an analog thereof;
12                  (C)  not less than 12 years and not  more  than
13             50  years with respect to 400 grams or more but less
14             than 900 grams of a substance  containing  morphine,
15             or an analog thereof;
16                  (D)  not  less  than 15 years and not more than
17             60 years with respect to 900  grams  or  more  of  a
18             substance containing morphine, or an analog thereof;
19             (4)  200  grams  or more of any substance containing
20        peyote, or an analog thereof;
21             (5)  200 grams or more of any substance containing a
22        derivative of barbituric acid or any of the  salts  of  a
23        derivative of barbituric acid, or an analog thereof;
24             (6)  200  grams  or more of any substance containing
25        amphetamine  or  any  salt  of  an  optical   isomer   of
26        amphetamine, or an analog thereof;
27             (6.5) (A)  not  less  than 6 years and not more than
28             30 years with respect to 15 grams or more  but  less
29             than   100   grams   of   a   substance   containing
30             methamphetamine  or any salt of an optical isomer of
31             methamphetamine, or an analog thereof;
32                  (B)  not less than 9 years and not more than 40
33             years with respect to 100 grams  or  more  but  less
34             than   400   grams   of   a   substance   containing
 
HB4245 Enrolled             -4-               LRB9213693RCcdA
 1             methamphetamine  or any salt of an optical isomer of
 2             methamphetamine, or an analog thereof;
 3                  (C)  not less than 12 years and not  more  than
 4             50  years with respect to 400 grams or more but less
 5             than   900   grams   of   a   substance   containing
 6             methamphetamine or any salt of an optical isomer  of
 7             methamphetamine, or an analog thereof;
 8                  (D)  not  less  than 15 years and not more than
 9             60 years with respect to 900 grams or  more  of  any
10             substance  containing methamphetamine or any salt of
11             an optical isomer of methamphetamine, or  an  analog
12             thereof.
13             (6.6) (A)  not  less  than 6 years and not more than
14             30 years for the possession of  any  methamphetamine
15             manufacturing  chemical set forth in paragraph (z-1)
16             of Section 102 with intent to manufacture  30  grams
17             or  more  but  less  than 150 grams of any substance
18             containing methamphetamine, or salt of  any  optical
19             isomer of methamphetamine, or an analog thereof;
20                  (B)  not less than 6 years and not more than 40
21             years  for  the  possession  of  any methamphetamine
22             manufacturing chemical set forth in paragraph  (z-1)
23             of  Section 102 with intent to manufacture 150 grams
24             or more but less than 500  grams  of  any  substance
25             containing  methamphetamine,  or  salt of an optical
26             isomer of methamphetamine, or an analog thereof;
27                  (C)  not less than 6 years and not more than 50
28             years for  the  possession  of  any  methamphetamine
29             manufacturing  chemical set forth in paragraph (z-1)
30             of Section 102 with intent to manufacture 500  grams
31             or  more  but  less than 1200 grams of any substance
32             containing methamphetamine, or salt  of  an  optical
33             isomer of methamphetamine, or an analog thereof;
34                  (D)  not less than 6 years and not more than 60
 
HB4245 Enrolled             -5-               LRB9213693RCcdA
 1             years  for  the  possession  of  any methamphetamine
 2             manufacturing chemical set forth in paragraph  (z-1)
 3             of Section 102 with intent to manufacture 1200 grams
 4             or more of any substance containing methamphetamine,
 5             or  salt of an optical isomer of methamphetamine, or
 6             an analog thereof;
 7             (7) (A)  not less than 6 years and not more than  30
 8             years with respect to: (i) 15 grams or more but less
 9             than  100  grams  of a substance containing lysergic
10             acid diethylamide (LSD), or an  analog  thereof,  or
11             (ii)  15  or  more  objects or 15 or more segregated
12             parts of an object or  objects  but  less  than  200
13             objects  or  200  segregated  parts  of an object or
14             objects containing in them or having upon  them  any
15             amounts  of  any  substance containing lysergic acid
16             diethylamide (LSD), or an analog thereof;
17                  (B)  not less than 9 years and not more than 40
18             years with respect to: (i) 100  grams  or  more  but
19             less  than  400  grams  of  a  substance  containing
20             lysergic  acid  diethylamide  (LSD),  or  an  analog
21             thereof,  or (ii) 200 or more objects or 200 or more
22             segregated parts of an object or  objects  but  less
23             than  600  objects or less than 600 segregated parts
24             of an object or objects containing in them or having
25             upon them any amount  of  any  substance  containing
26             lysergic  acid  diethylamide  (LSD),  or  an  analog
27             thereof;
28                  (C)  not  less  than 12 years and not more than
29             50 years with respect to: (i) 400 grams or more  but
30             less  than  900  grams  of  a  substance  containing
31             lysergic  acid  diethylamide  (LSD),  or  an  analog
32             thereof,  or (ii) 600 or more objects or 600 or more
33             segregated parts of an object or  objects  but  less
34             than  1500  objects  or  1500 segregated parts of an
 
HB4245 Enrolled             -6-               LRB9213693RCcdA
 1             object or objects containing in them or having  upon
 2             them any amount of any substance containing lysergic
 3             acid diethylamide (LSD), or an analog thereof;
 4                  (D)  not  less  than 15 years and not more than
 5             60 years with respect to: (i) 900 grams or  more  of
 6             any  substance containing lysergic acid diethylamide
 7             (LSD), or an analog thereof, or (ii)  1500  or  more
 8             objects  or  1500  or  more  segregated  parts of an
 9             object or objects containing in them or having  upon
10             them  any  amount of a substance containing lysergic
11             acid diethylamide (LSD), or an analog thereof;
12             (7.5) (A) not less than 6 years and not more than 30
13             years with respect to: (i) 15 grams or more but less
14             than 100 grams of a substance  listed  in  paragraph
15             (1),  (2),  (2.1),  (3), (14.1), (19), (20), (20.1),
16             (21), (25), or (26) of  subsection  (d)  of  Section
17             204,  or an analog or derivative thereof, or (ii) 15
18             or  more  pills,  tablets,  caplets,  capsules,   or
19             objects  but  less than 200 pills, tablets, caplets,
20             capsules, or objects containing in  them  or  having
21             upon  them  any  amounts  of any substance listed in
22             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
23             (20.1),  (21),  (25),  or  (26) of subsection (d) of
24             Section 204, or an analog or derivative thereof;
25                  (B)  not less than 9 years and not more than 40
26             years with respect to: (i) 100  grams  or  more  but
27             less  than  400  grams  of  a  substance  listed  in
28             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
29             (20.1), (21), (25), or (26)  of  subsection  (d)  of
30             Section  204, or an analog or derivative thereof, or
31             (ii) 200 or more pills, tablets, caplets,  capsules,
32             or   objects  but  less  than  600  pills,  tablets,
33             caplets, capsules, or objects containing in them  or
34             having  upon them any amount of any substance listed
 
HB4245 Enrolled             -7-               LRB9213693RCcdA
 1             in paragraph (1), (2),  (2.1),  (3),  (14.1),  (19),
 2             (20),  (20.1), (21), (25), or (26) of subsection (d)
 3             of Section 204, or an analog or derivative thereof;
 4                  (C) not less than 12 years and not more than 50
 5             years with respect to: (i) 400  grams  or  more  but
 6             less  than  900  grams  of  a  substance  listed  in
 7             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
 8             (20.1), (21), (25), or (26)  of  subsection  (d)  of
 9             Section 204,  or an analog or derivative thereof, or
10             (ii)  600 or more pills, tablets, caplets, capsules,
11             or objects  but  less  than  1,500  pills,  tablets,
12             caplets,  capsules, or objects containing in them or
13             having upon them any amount of any substance  listed
14             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
15             (20), (20.1), (21), (25), or (26) of subsection  (d)
16             of Section 204, or an analog or derivative thereof;
17                  (D) not less than 15 years and not more than 60
18             years  with respect to: (i) 900 grams or more of any
19             substance listed in paragraph (1), (2), (2.1),  (3),
20             (14.1),  (19),  (20), (20.1), (21), (25), or (26) of
21             subsection (d) of  Section  204,  or  an  analog  or
22             derivative  thereof,  or  (ii)  1,500 or more pills,
23             tablets, caplets, capsules, or objects containing in
24             them or having upon them any amount of  a  substance
25             listed  in  paragraph  (1), (2), (2.1), (3), (14.1),
26             (19),  (20),  (20.1),  (21),  (25),   or   (26)   of
27             subsection  (d)  of  Section  204,  or  an analog or
28             derivative thereof;
29             (8)  30 grams or more of  any  substance  containing
30        pentazocine  or  any  of  the salts, isomers and salts of
31        isomers of pentazocine, or an analog thereof;
32             (9)  30 grams or more of  any  substance  containing
33        methaqualone  or  any  of the salts, isomers and salts of
34        isomers of methaqualone, or an analog thereof;
 
HB4245 Enrolled             -8-               LRB9213693RCcdA
 1             (10)  30  grams   or   more   of    any    substance
 2        containing   phencyclidine or any of the  salts,  isomers
 3        and  salts  of  isomers  of phencyclidine  (PCP),  or  an
 4        analog  thereof;
 5             (10.5)  30 grams or more of any substance containing
 6        ketamine  or  any  of  the  salts,  isomers  and salts of
 7        isomers of ketamine, or an analog thereof;
 8             (11)  200 grams or more of any substance  containing
 9        any  other controlled substance classified in Schedules I
10        or II, or an  analog  thereof,  which  is  not  otherwise
11        included in this subsection.
12        (b)  Any  person  sentenced with respect to violations of
13    paragraph (1), (2), (3),  (6.5),  (6.6),  (7),  or  (7.5)  of
14    subsection  (a) involving 100 grams or more of the controlled
15    substance named therein, may in  addition  to  the  penalties
16    provided  therein,  be fined an amount not more than $500,000
17    or the full street value of  the  controlled  or  counterfeit
18    substance   or  controlled  substance  analog,  whichever  is
19    greater.  The term "street  value"  shall  have  the  meaning
20    ascribed  in  Section 110-5 of the Code of Criminal Procedure
21    of 1963.  Any person sentenced  with  respect  to  any  other
22    provision of subsection (a), may in addition to the penalties
23    provided therein, be fined an amount not to exceed $500,000.
24        (c)  Any  person who violates this Section with regard to
25    the following amounts of controlled or counterfeit substances
26    or controlled substance analogs, notwithstanding any  of  the
27    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
28    to the contrary, is guilty of a Class 1 felony.  The fine for
29    violation  of  this  subsection  (c)  shall  not be more than
30    $250,000:
31             (1)  1 gram 10 or more grams but less than 15  grams
32        of any substance containing heroin, or an analog thereof;
33             (2)  1  gram  or  more but less than 15 grams of any
34        substance containing cocaine, or an analog thereof;
 
HB4245 Enrolled             -9-               LRB9213693RCcdA
 1             (3)  10 grams or more but less than 15 grams of  any
 2        substance containing morphine, or an analog thereof;
 3             (4)  50 grams or more but less than 200 grams of any
 4        substance containing peyote, or an analog thereof;
 5             (5)  50 grams or more but less than 200 grams of any
 6        substance  containing  a derivative of barbituric acid or
 7        any of the salts of a derivative of barbituric  acid,  or
 8        an analog thereof;
 9             (6)  50 grams or more but less than 200 grams of any
10        substance  containing  amphetamine  or  any  salt  of  an
11        optical isomer of amphetamine, or an analog thereof;
12             (6.5)  5 grams or more but less than 15 grams of any
13        substance  containing  methamphetamine  or  any  salt  or
14        optical isomer of methamphetamine, or an analog thereof;
15             (7)  (i)  5  grams or more but less than 15 grams of
16        any  substance  containing  lysergic  acid   diethylamide
17        (LSD), or an analog thereof, or (ii) more than 10 objects
18        or  more than 10 segregated parts of an object or objects
19        but less than 15 objects or less than 15 segregated parts
20        of an object containing in them or having upon  them  any
21        amount   of   any   substance  containing  lysergic  acid
22        diethylamide (LSD), or an analog thereof;
23             (7.5) (i) 5 grams or more but less than 15 grams  of
24        any  substance  listed in paragraph (1), (2), (2.1), (3),
25        (14.1), (19),  (20),  (20.1),  (21),  (25),  or  (26)  of
26        subsection (d) of Section 204, or an analog or derivative
27        thereof,  or  (ii)  more than 10 pills, tablets, caplets,
28        capsules, or objects but less  than  15  pills,  tablets,
29        caplets,  capsules,  or  objects  containing  in  them or
30        having upon them any  amount of any substance  listed  in
31        paragraph  (1),  (2),  (2.1),  (3),  (14.1),  (19), (20),
32        (20.1), (21), (25), or (26) of subsection (d) of  Section
33        204, or an analog or derivative thereof;
34             (8)  10  grams or more but less than 30 grams of any
 
HB4245 Enrolled             -10-              LRB9213693RCcdA
 1        substance containing pentazocine or  any  of  the  salts,
 2        isomers and salts of isomers of pentazocine, or an analog
 3        thereof;
 4             (9)  10  grams or more but less than 30 grams of any
 5        substance containing methaqualone or any  of  the  salts,
 6        isomers  and  salts  of  isomers  of  methaqualone, or an
 7        analog thereof;
 8             (10)  10 grams or more but less than 30 grams of any
 9        substance containing phencyclidine or any of  the  salts,
10        isomers  and  salts of isomers of phencyclidine (PCP), or
11        an analog thereof;
12             (10.5)  10 grams or more but less than 30  grams  of
13        any  substance  containing  ketamine or any of the salts,
14        isomers and salts of isomers of ketamine,  or  an  analog
15        thereof;
16             (11)  50  grams  or  more but less than 200 grams of
17        any  substance  containing  a  substance  classified   in
18        Schedules  I  or  II,  or an analog thereof, which is not
19        otherwise included in this subsection.
20        (c-5)  Any person who violates this Section  with  regard
21    to  possession  of any methamphetamine manufacturing chemical
22    set forth in paragraph (z-1) of Section 102  with  intent  to
23    manufacture  15  grams  or  more  but  less  than 30 grams of
24    methamphetamine,  or   salt   of   an   optical   isomer   of
25    methamphetamine or any analog thereof, is guilty of a Class 1
26    felony.   The  fine  for  violation  of this subsection (c-5)
27    shall not be more than $250,000.
28        (d)  Any person who violates this Section with regard  to
29    any  other  amount  of  a controlled or counterfeit substance
30    classified in Schedules I or II, or an analog thereof,  which
31    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
32    or  an  analog  thereof,  or  (iii)  any substance containing
33    amphetamine or methamphetamine or any salt or optical  isomer
34    of  amphetamine  or methamphetamine, or an analog thereof, is
 
HB4245 Enrolled             -11-              LRB9213693RCcdA
 1    guilty of a Class 2 felony. The fine for  violation  of  this
 2    subsection (d) shall not be more than $200,000.
 3        (d-5)  Any  person  who violates this Section with regard
 4    to possession of any methamphetamine  manufacturing  chemical
 5    set  forth  in  paragraph (z-1) of Section 102 with intent to
 6    manufacture less than 15 grams of methamphetamine, or salt of
 7    an optical isomer of methamphetamine or any  analog  thereof,
 8    is  guilty  of  a  Class 2 felony.  The fine for violation of
 9    this subsection (d-5) shall not be more than $200,000.
10        (e)  Any person who violates this Section with regard  to
11    any  other  amount  of  a controlled or counterfeit substance
12    classified in Schedule I or II, or an analog  thereof,  which
13    substance  is  not  included  under  subsection  (d)  of this
14    Section, is  guilty  of  a  Class  3  felony.  The  fine  for
15    violation  of  this  subsection  (e)  shall  not be more than
16    $150,000.
17        (f)  Any person who violates this Section with regard  to
18    any  other  amount  of  a controlled or counterfeit substance
19    classified in Schedule III is guilty of a Class 3 felony. The
20    fine for violation of this subsection (f) shall not  be  more
21    than $125,000.
22        (g)  Any  person who violates this Section with regard to
23    any other amount of a  controlled  or  counterfeit  substance
24    classified  in Schedule IV is guilty of a Class 3 felony. The
25    fine for violation of this subsection (g) shall not  be  more
26    than $100,000.
27        (h)  Any  person who violates this Section with regard to
28    any other amount of a  controlled  or  counterfeit  substance
29    classified  in  Schedule V is guilty of a Class 3 felony. The
30    fine for violation of this subsection (h) shall not  be  more
31    than $75,000.
32        (i)  This  Section  does  not  apply  to the manufacture,
33    possession or distribution of a substance in conformance with
34    the provisions of an approved  new  drug  application  or  an
 
HB4245 Enrolled             -12-              LRB9213693RCcdA
 1    exemption  for  investigational  use  within  the  meaning of
 2    Section 505 of the Federal Food, Drug and Cosmetic Act.
 3    (Source: P.A. 91-336,  eff.  1-1-00;  91-357,  eff.  7-29-99;
 4    91-403,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-256,  eff.
 5    1-1-02.)

 6        Section   10.  The Unified Code of Corrections is amended
 7    by changing Section 5-5-3 as follows:

 8        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 9        Sec. 5-5-3.  Disposition.
10        (a)  Every  person  convicted  of  an  offense  shall  be
11    sentenced as provided in this Section.
12        (b)  The   following   options   shall   be   appropriate
13    dispositions, alone or in combination, for all  felonies  and
14    misdemeanors other than those identified in subsection (c) of
15    this Section:
16             (1)  A period of probation.
17             (2)  A term of periodic imprisonment.
18             (3)  A term of conditional discharge.
19             (4)  A term of imprisonment.
20             (5)  An order directing the offender to clean up and
21        repair  the  damage,  if the offender was convicted under
22        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
23        1961.
24             (6)  A fine.
25             (7)  An   order   directing  the  offender  to  make
26        restitution to the victim under  Section  5-5-6  of  this
27        Code.
28             (8)  A  sentence of participation in a county impact
29        incarceration program under Section 5-8-1.2 of this Code.
30        Whenever an individual is sentenced for an offense  based
31    upon  an  arrest  for  a  violation  of Section 11-501 of the
32    Illinois Vehicle Code, or a  similar  provision  of  a  local
 
HB4245 Enrolled             -13-              LRB9213693RCcdA
 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.
 
HB4245 Enrolled             -14-              LRB9213693RCcdA
 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)(1)  or (c)(2) of Section 401 of
20             that Act which relates to more than  5  grams  of  a
21             substance  containing heroin or cocaine or an analog
22             thereof.
23                  (E)  A violation of Section 5.1  or  9  of  the
24             Cannabis Control Act.
25                  (F)  A   Class  2  or  greater  felony  if  the
26             offender had been convicted of a Class 2 or  greater
27             felony  within  10  years  of  the date on which the
28             offender committed the offense for which he  or  she
29             is  being sentenced, except as otherwise provided in
30             Section 40-10 of the Alcoholism and Other Drug Abuse
31             and Dependency Act.
32                  (G)  Residential burglary, except as  otherwise
33             provided  in  Section  40-10  of  the Alcoholism and
34             Other Drug Abuse and Dependency Act.
 
HB4245 Enrolled             -15-              LRB9213693RCcdA
 1                  (H)  Criminal   sexual   assault,   except   as
 2             otherwise  provided  in  subsection  (e)   of   this
 3             Section.
 4                  (I)  Aggravated battery of a senior citizen.
 5                  (J)  A  forcible  felony  if  the  offense  was
 6             related to the activities of an organized gang.
 7                  Before  July  1, 1994, for the purposes of this
 8             paragraph, "organized gang" means an association  of
 9             5  or  more  persons, with an established hierarchy,
10             that  encourages  members  of  the  association   to
11             perpetrate crimes or provides support to the members
12             of the association who do commit crimes.
13                  Beginning  July  1,  1994,  for the purposes of
14             this paragraph, "organized  gang"  has  the  meaning
15             ascribed  to  it  in  Section  10  of  the  Illinois
16             Streetgang Terrorism Omnibus Prevention Act.
17                  (K)  Vehicular hijacking.
18                  (L)  A  second or subsequent conviction for the
19             offense of hate crime when  the  underlying  offense
20             upon  which  the  hate  crime  is  based  is  felony
21             aggravated assault or felony mob action.
22                  (M)  A  second or subsequent conviction for the
23             offense of institutional vandalism if the damage  to
24             the property exceeds $300.
25                  (N)  A  Class  3  felony violation of paragraph
26             (1) of subsection (a) of Section 2  of  the  Firearm
27             Owners Identification Card Act.
28                  (O)  A  violation  of  Section  12-6.1  of  the
29             Criminal Code of 1961.
30                  (P)  A  violation  of  paragraph (1), (2), (3),
31             (4), (5),  or  (7)  of  subsection  (a)  of  Section
32             11-20.1 of the Criminal Code of 1961.
33                  (Q)  A  violation  of  Section  20-1.2  of  the
34             Criminal Code of 1961.
 
HB4245 Enrolled             -16-              LRB9213693RCcdA
 1                  (R)  A   violation  of  Section  24-3A  of  the
 2             Criminal Code of 1961.
 3                  (S)  A violation of Section  11-501(c-1)(3)  of
 4             the Illinois Vehicle Code.
 5             (3)  A minimum term of imprisonment of not less than
 6        5  days  or  30  days  of  community  service  as  may be
 7        determined by the court shall be  imposed  for  a  second
 8        violation   committed   within  5  years  of  a  previous
 9        violation of Section 11-501 of the Illinois Vehicle  Code
10        or  a similar provision of a local ordinance. In the case
11        of a third or subsequent  violation  committed  within  5
12        years  of  a  previous violation of Section 11-501 of the
13        Illinois Vehicle Code or a similar provision of  a  local
14        ordinance,   a   minimum   term  of  either  10  days  of
15        imprisonment or 60 days of  community  service  shall  be
16        imposed.
17             (4)  A minimum term of imprisonment of not less than
18        10 consecutive days or 30 days of community service shall
19        be  imposed  for  a violation of paragraph (c) of Section
20        6-303 of the Illinois Vehicle Code.
21             (4.1)  A minimum term  of  30  consecutive  days  of
22        imprisonment, 40 days of 24 hour periodic imprisonment or
23        720  hours  of community service, as may be determined by
24        the court, shall be imposed for a  violation  of  Section
25        11-501  of  the  Illinois Vehicle Code during a period in
26        which the defendant's driving privileges are  revoked  or
27        suspended,  where  the revocation or suspension was for a
28        violation of Section 11-501 or Section 11-501.1  of  that
29        Code.
30             (4.2)  Except as provided in paragraph (4.3) of this
31        subsection  (c),  a  minimum  of  100  hours of community
32        service shall  be  imposed  for  a  second  violation  of
33        Section 6-303 of the Illinois Vehicle Code.
34             (4.3)  A  minimum term of imprisonment of 30 days or
 
HB4245 Enrolled             -17-              LRB9213693RCcdA
 1        300 hours of community  service,  as  determined  by  the
 2        court,  shall  be  imposed  for  a  second  violation  of
 3        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 4        Code.
 5             (4.4)  Except as provided  in  paragraph  (4.5)  and
 6        paragraph (4.6) of this subsection (c), a minimum term of
 7        imprisonment  of  30  days  or  300  hours  of  community
 8        service, as determined by the court, shall be imposed for
 9        a  third  or subsequent violation of Section 6-303 of the
10        Illinois Vehicle Code.
11             (4.5)  A minimum term of  imprisonment  of  30  days
12        shall  be imposed for a third violation of subsection (c)
13        of Section 6-303 of the Illinois Vehicle Code.
14             (4.6)  A minimum term of imprisonment  of  180  days
15        shall  be imposed for a fourth or subsequent violation of
16        subsection (c) of Section 6-303 of the  Illinois  Vehicle
17        Code.
18             (5)  The court may sentence an offender convicted of
19        a business offense or a petty offense or a corporation or
20        unincorporated association convicted of any offense to:
21                  (A)  a period of conditional discharge;
22                  (B)  a fine;
23                  (C)  make   restitution  to  the  victim  under
24             Section 5-5-6 of this Code.
25             (5.1)  In addition to any  penalties  imposed  under
26        paragraph  (5)  of  this  subsection  (c),  and except as
27        provided in paragraph (5.2) or (5.3), a person  convicted
28        of  violating  subsection  (c)  of  Section 11-907 of the
29        Illinois Vehicle Code shall  have  his  or  her  driver's
30        license,  permit, or privileges suspended for at least 90
31        days but  not  more  than  one  year,  if  the  violation
32        resulted in damage to the property of another person.
33             (5.2)  In  addition  to  any penalties imposed under
34        paragraph (5) of  this  subsection  (c),  and  except  as
 
HB4245 Enrolled             -18-              LRB9213693RCcdA
 1        provided  in  paragraph  (5.3),  a  person  convicted  of
 2        violating   subsection  (c)  of  Section  11-907  of  the
 3        Illinois Vehicle Code shall  have  his  or  her  driver's
 4        license, permit, or privileges suspended for at least 180
 5        days but not more than 2 years, if the violation resulted
 6        in injury to another person.
 7             (5.3)  In  addition  to  any penalties imposed under
 8        paragraph (5) of this subsection (c), a person  convicted
 9        of  violating  subsection  (c)  of  Section 11-907 of the
10        Illinois Vehicle Code shall  have  his  or  her  driver's
11        license,  permit, or privileges suspended for 2 years, if
12        the violation resulted in the death of another person.
13             (6)  In no case shall an offender be eligible for  a
14        disposition  of  probation or conditional discharge for a
15        Class 1 felony committed while he was serving a  term  of
16        probation or conditional discharge for a felony.
17             (7)  When   a   defendant  is  adjudged  a  habitual
18        criminal under Article 33B of the Criminal Code of  1961,
19        the  court  shall  sentence  the  defendant  to a term of
20        natural life imprisonment.
21             (8)  When a defendant, over the age of 21 years,  is
22        convicted  of  a  Class 1 or Class 2 felony, after having
23        twice been convicted in any state or federal court of  an
24        offense that contains the same elements as an offense now
25        classified  in  Illinois  as  a  Class 2 or greater Class
26        felony and such charges are separately brought and  tried
27        and arise out of different series of acts, such defendant
28        shall  be sentenced as a Class X offender. This paragraph
29        shall not apply unless (1) the first felony was committed
30        after the effective date of this amendatory Act of  1977;
31        and  (2) the second felony was committed after conviction
32        on the first; and (3)  the  third  felony  was  committed
33        after  conviction  on the second. A person sentenced as a
34        Class X offender under this paragraph is not eligible  to
 
HB4245 Enrolled             -19-              LRB9213693RCcdA
 1        apply  for  treatment  as  a  condition  of  probation as
 2        provided by Section 40-10 of  the  Alcoholism  and  Other
 3        Drug Abuse and Dependency Act.
 4             (9)  A defendant convicted of a second or subsequent
 5        offense  of  ritualized abuse of a child may be sentenced
 6        to a term of natural life imprisonment.
 7             (10)  When  a  person  is  convicted  of   violating
 8        Section  11-501 of the Illinois Vehicle Code or a similar
 9        provision of a local ordinance, the  following  penalties
10        apply  when his or her blood, breath, or urine was .16 or
11        more based on the definition of blood, breath,  or  urine
12        units  in Section 11-501.2 or that person is convicted of
13        violating Section 11-501 of  the  Illinois  Vehicle  Code
14        while transporting a child under the age of 16:
15                  (A)  For a first violation of subsection (a) of
16             Section  11-501,  in  addition  to any other penalty
17             that may be imposed under subsection (c) of  Section
18             11-501:   a   mandatory  minimum  of  100  hours  of
19             community service and a minimum fine of $500.
20                  (B)  For a second violation of  subsection  (a)
21             of  Section 11-501, in addition to any other penalty
22             that may be imposed under subsection (c) of  Section
23             11-501  within  10  years:  a mandatory minimum of 2
24             days of imprisonment and a minimum fine of $1,250.
25                  (C)  For a third violation of subsection (a) of
26             Section 11-501, in addition  to  any  other  penalty
27             that  may be imposed under subsection (c) of Section
28             11-501 within 20 years: a mandatory  minimum  of  90
29             days of imprisonment and a minimum fine of $2,500.
30                  (D)  For  a  fourth  or subsequent violation of
31             subsection (a) of Section 11-501: ineligibility  for
32             a sentence of probation or conditional discharge and
33             a minimum fine of $2,500.
34        (d)  In  any  case in which a sentence originally imposed
 
HB4245 Enrolled             -20-              LRB9213693RCcdA
 1    is vacated, the case shall be remanded to  the  trial  court.
 2    The  trial  court shall hold a hearing under Section 5-4-1 of
 3    the Unified Code of Corrections which may include evidence of
 4    the defendant's life, moral character and  occupation  during
 5    the  time  since the original sentence was passed.  The trial
 6    court shall then impose sentence  upon  the  defendant.   The
 7    trial  court  may  impose  any sentence which could have been
 8    imposed at the original trial subject to Section 5-5-4 of the
 9    Unified Code of Corrections. If  a  sentence  is  vacated  on
10    appeal  or  on  collateral  attack  due to the failure of the
11    trier of fact at trial to determine beyond a reasonable doubt
12    the existence of a  fact  (other  than  a  prior  conviction)
13    necessary  to  increase the punishment for the offense beyond
14    the  statutory  maximum  otherwise  applicable,  either   the
15    defendant  may  be  re-sentenced  to  a term within the range
16    otherwise provided or, if  the  State  files  notice  of  its
17    intention  to again seek the extended sentence, the defendant
18    shall be afforded a new trial.
19        (e)  In  cases  where  prosecution  for  criminal  sexual
20    assault or aggravated criminal  sexual  abuse  under  Section
21    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
22    conviction of a defendant who was  a  family  member  of  the
23    victim  at  the  time  of  the commission of the offense, the
24    court shall consider the safety and welfare of the victim and
25    may impose a sentence of probation only where:
26             (1)  the  court  finds  (A)  or  (B)  or  both   are
27        appropriate:
28                  (A)  the  defendant  is  willing  to  undergo a
29             court approved  counseling  program  for  a  minimum
30             duration of 2 years; or
31                  (B)  the defendant is willing to participate in
32             a  court  approved plan including but not limited to
33             the defendant's:
34                       (i)  removal from the household;
 
HB4245 Enrolled             -21-              LRB9213693RCcdA
 1                       (ii)  restricted contact with the victim;
 2                       (iii)  continued financial support of  the
 3                  family;
 4                       (iv)  restitution  for  harm  done  to the
 5                  victim; and
 6                       (v)  compliance with  any  other  measures
 7                  that the court may deem appropriate; and
 8             (2)  the  court  orders the defendant to pay for the
 9        victim's counseling services,  to  the  extent  that  the
10        court finds, after considering the defendant's income and
11        assets,  that  the  defendant  is  financially capable of
12        paying for such services, if  the  victim  was  under  18
13        years  of  age  at the time the offense was committed and
14        requires counseling as a result of the offense.
15        Probation may be revoked or modified pursuant to  Section
16    5-6-4;  except where the court determines at the hearing that
17    the defendant violated a condition of his  or  her  probation
18    restricting  contact  with the victim or other family members
19    or commits another offense with the victim  or  other  family
20    members, the court shall revoke the defendant's probation and
21    impose a term of imprisonment.
22        For  the  purposes  of  this Section, "family member" and
23    "victim" shall have the meanings ascribed to them in  Section
24    12-12 of the Criminal Code of 1961.
25        (f)  This  Article  shall  not  deprive  a court in other
26    proceedings to order a forfeiture of property, to suspend  or
27    cancel  a  license,  to  remove  a  person from office, or to
28    impose any other civil penalty.
29        (g)  Whenever a defendant  is  convicted  of  an  offense
30    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
31    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
32    12-15  or  12-16  of the Criminal Code of 1961, the defendant
33    shall  undergo  medical  testing  to  determine  whether  the
34    defendant has any sexually transmissible disease, including a
 
HB4245 Enrolled             -22-              LRB9213693RCcdA
 1    test for infection with human immunodeficiency virus (HIV) or
 2    any   other   identified   causative   agent   of    acquired
 3    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 4    shall be performed only  by  appropriately  licensed  medical
 5    practitioners  and  may  include  an  analysis  of any bodily
 6    fluids as well as an examination of the  defendant's  person.
 7    Except as otherwise provided by law, the results of such test
 8    shall  be kept strictly confidential by all medical personnel
 9    involved in the testing and must be personally delivered in a
10    sealed envelope to the  judge  of  the  court  in  which  the
11    conviction  was entered for the judge's inspection in camera.
12    Acting in accordance with the best interests  of  the  victim
13    and  the  public,  the  judge  shall  have  the discretion to
14    determine to whom, if anyone, the results of the testing  may
15    be revealed. The court shall notify the defendant of the test
16    results.  The court shall also notify the victim if requested
17    by  the  victim, and if the victim is under the age of 15 and
18    if requested by the victim's parents or legal  guardian,  the
19    court  shall notify the victim's parents or legal guardian of
20    the test results.  The court shall provide information on the
21    availability of HIV testing and counseling at  Department  of
22    Public  Health  facilities to all parties to whom the results
23    of the testing are revealed  and  shall  direct  the  State's
24    Attorney  to  provide  the  information  to  the  victim when
25    possible. A State's Attorney may petition the court to obtain
26    the results of any HIV test administered under this  Section,
27    and  the  court  shall  grant  the  disclosure if the State's
28    Attorney shows it is relevant in order to prosecute a  charge
29    of  criminal transmission of HIV under Section 12-16.2 of the
30    Criminal Code of 1961 against the defendant.  The court shall
31    order that the cost of any such test shall  be  paid  by  the
32    county  and  may  be  taxed  as  costs  against the convicted
33    defendant.
34        (g-5)  When  an  inmate  is  tested   for   an   airborne
 
HB4245 Enrolled             -23-              LRB9213693RCcdA
 1    communicable   disease,   as   determined   by  the  Illinois
 2    Department of Public Health  including  but  not  limited  to
 3    tuberculosis,  the  results  of  the test shall be personally
 4    delivered by the warden or his or her designee  in  a  sealed
 5    envelope  to  the judge of the court in which the inmate must
 6    appear for the judge's inspection in camera if  requested  by
 7    the  judge.   Acting in accordance with the best interests of
 8    those in the courtroom, the judge shall have  the  discretion
 9    to  determine  what  if  any  precautions need to be taken to
10    prevent transmission of the disease in the courtroom.
11        (h)  Whenever a defendant  is  convicted  of  an  offense
12    under  Section  1 or 2 of the Hypodermic Syringes and Needles
13    Act, the defendant shall undergo medical testing to determine
14    whether   the   defendant   has   been   exposed   to   human
15    immunodeficiency  virus  (HIV)  or   any   other   identified
16    causative agent of acquired immunodeficiency syndrome (AIDS).
17    Except as otherwise provided by law, the results of such test
18    shall  be kept strictly confidential by all medical personnel
19    involved in the testing and must be personally delivered in a
20    sealed envelope to the  judge  of  the  court  in  which  the
21    conviction  was entered for the judge's inspection in camera.
22    Acting in accordance with the best interests of  the  public,
23    the  judge shall have the discretion to determine to whom, if
24    anyone, the results of the testing may be revealed. The court
25    shall notify the defendant of  a  positive  test  showing  an
26    infection  with  the  human immunodeficiency virus (HIV). The
27    court shall provide information on the  availability  of  HIV
28    testing   and  counseling  at  Department  of  Public  Health
29    facilities to all parties to whom the results of the  testing
30    are revealed and shall direct the State's Attorney to provide
31    the  information  to  the  victim  when  possible.  A State's
32    Attorney may petition the court to obtain the results of  any
33    HIV  test  administered  under  this   Section, and the court
34    shall grant the disclosure if the State's Attorney  shows  it
 
HB4245 Enrolled             -24-              LRB9213693RCcdA
 1    is  relevant  in  order  to  prosecute  a  charge of criminal
 2    transmission of HIV under Section  12-16.2  of  the  Criminal
 3    Code  of  1961  against  the defendant. The court shall order
 4    that the cost of any such test shall be paid  by  the  county
 5    and may be taxed as costs against the convicted defendant.
 6        (i)  All  fines  and penalties imposed under this Section
 7    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 8    Vehicle Code, or a similar provision of  a  local  ordinance,
 9    and any violation of the Child Passenger Protection Act, or a
10    similar  provision  of  a local ordinance, shall be collected
11    and disbursed by the circuit clerk as provided under  Section
12    27.5 of the Clerks of Courts Act.
13        (j)  In  cases  when  prosecution  for  any  violation of
14    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
15    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
16    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
17    12-16  of  the  Criminal  Code  of 1961, any violation of the
18    Illinois Controlled Substances Act, or any violation  of  the
19    Cannabis  Control Act results in conviction, a disposition of
20    court supervision, or an order  of  probation  granted  under
21    Section  10 of the Cannabis Control Act or Section 410 of the
22    Illinois Controlled Substance Act of a defendant,  the  court
23    shall  determine  whether  the  defendant  is  employed  by a
24    facility or center as defined under the  Child  Care  Act  of
25    1969,  a public or private elementary or secondary school, or
26    otherwise works with children under 18  years  of  age  on  a
27    daily  basis.   When  a  defendant  is so employed, the court
28    shall order the Clerk of the Court to  send  a  copy  of  the
29    judgment  of  conviction or order of supervision or probation
30    to  the  defendant's  employer  by  certified  mail.  If  the
31    employer of the defendant is a school, the Clerk of the Court
32    shall direct the  mailing  of  a  copy  of  the  judgment  of
33    conviction  or  order  of  supervision  or  probation  to the
34    appropriate regional superintendent of schools.  The regional
 
HB4245 Enrolled             -25-              LRB9213693RCcdA
 1    superintendent of schools shall notify  the  State  Board  of
 2    Education of any notification under this subsection.
 3        (j-5)  A  defendant  at  least  17  years  of  age who is
 4    convicted of  a  felony  and  who  has  not  been  previously
 5    convicted  of a misdemeanor or felony and who is sentenced to
 6    a  term  of  imprisonment  in  the  Illinois  Department   of
 7    Corrections  shall  as  a condition of his or her sentence be
 8    required by the court to attend educational courses  designed
 9    to  prepare  the  defendant  for a high school diploma and to
10    work toward a high school diploma or to work  toward  passing
11    the high school level Test of General Educational Development
12    (GED)  or  to  work  toward  completing a vocational training
13    program offered by  the  Department  of  Corrections.   If  a
14    defendant fails to complete the educational training required
15    by  his or her sentence during the term of incarceration, the
16    Prisoner Review Board shall,  as  a  condition  of  mandatory
17    supervised  release, require the defendant, at his or her own
18    expense, to pursue a course of study  toward  a  high  school
19    diploma  or  passage  of  the  GED test.  The Prisoner Review
20    Board shall revoke the  mandatory  supervised  release  of  a
21    defendant  who  wilfully fails to comply with this subsection
22    (j-5) upon his or her release from  confinement  in  a  penal
23    institution  while  serving  a  mandatory  supervised release
24    term; however, the inability of the defendant after making  a
25    good  faith  effort  to  obtain  financial aid or pay for the
26    educational training shall not be deemed a wilful failure  to
27    comply.    The  Prisoner  Review  Board  shall  recommit  the
28    defendant whose mandatory supervised release  term  has  been
29    revoked  under  this  subsection (j-5) as provided in Section
30    3-3-9.  This subsection (j-5) does not apply to  a  defendant
31    who  has a high school diploma or has successfully passed the
32    GED test. This subsection (j-5) does not apply to a defendant
33    who is determined by the court to be developmentally disabled
34    or otherwise mentally incapable of completing the educational
 
HB4245 Enrolled             -26-              LRB9213693RCcdA
 1    or vocational program.
 2        (k)  A court may not impose a sentence or disposition for
 3    a felony or misdemeanor that requires  the  defendant  to  be
 4    implanted  or  injected  with  or  to  use  any form of birth
 5    control.
 6        (l) (A)  Except  as  provided   in   paragraph   (C)   of
 7        subsection  (l), whenever a defendant, who is an alien as
 8        defined  by  the  Immigration  and  Nationality  Act,  is
 9        convicted of any felony or misdemeanor offense, the court
10        after sentencing the defendant may, upon  motion  of  the
11        State's  Attorney,  hold  sentence in abeyance and remand
12        the defendant to the custody of the Attorney  General  of
13        the  United  States  or his or her designated agent to be
14        deported when:
15                  (1)  a final  order  of  deportation  has  been
16             issued against the defendant pursuant to proceedings
17             under 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
21             justice.
22             Otherwise,  the  defendant  shall  be  sentenced  as
23        provided in this Chapter V.
24             (B)  If the defendant has already been sentenced for
25        a felony or misdemeanor offense, or has  been  placed  on
26        probation under Section 10 of the Cannabis Control Act or
27        Section  410  of  the Illinois Controlled Substances Act,
28        the court may, upon motion of  the  State's  Attorney  to
29        suspend the sentence imposed, commit the defendant to the
30        custody  of  the Attorney General of the United States or
31        his or her designated agent when:
32                  (1)  a final  order  of  deportation  has  been
33             issued against the defendant pursuant to proceedings
34             under the Immigration and Nationality Act, and
 
HB4245 Enrolled             -27-              LRB9213693RCcdA
 1                  (2)  the deportation of the defendant would not
 2             deprecate the seriousness of the defendant's conduct
 3             and  would  not  be  inconsistent  with  the ends of
 4             justice.
 5             (C)  This subsection (l) does not apply to offenders
 6        who are subject to the provisions  of  paragraph  (2)  of
 7        subsection (a) of Section 3-6-3.
 8             (D)  Upon  motion  of  the  State's  Attorney,  if a
 9        defendant sentenced under this  Section  returns  to  the
10        jurisdiction of the United States, the defendant shall be
11        recommitted to the custody of the county from which he or
12        she  was  sentenced.  Thereafter,  the defendant shall be
13        brought before the sentencing court, which may impose any
14        sentence that was available under Section  5-5-3  at  the
15        time  of  initial sentencing.  In addition, the defendant
16        shall not be eligible for additional good conduct  credit
17        for meritorious service as provided under Section 3-6-6.
18        (m)  A   person   convicted  of  criminal  defacement  of
19    property under Section 21-1.3 of the Criminal Code  of  1961,
20    in  which  the  property damage exceeds $300 and the property
21    damaged is a school building, shall  be  ordered  to  perform
22    community  service  that  may  include  cleanup,  removal, or
23    painting over the defacement.
24    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
25    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
26    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
27    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
28    92-422, eff. 8-17-01; revised 8-28-01.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

[ Top ]