Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0531


 

Public Act 0531 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0531
 
SB1892 EnrolledLRB102 10310 RLC 15637 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
 
    (730 ILCS 5/5-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
    (2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
        (A) First degree murder where the death penalty is not
    imposed.
        (B) Attempted first degree murder.
        (C) A Class X felony.
        (D) A violation of Section 401.1 or 407 of the
    Illinois Controlled Substances Act, or a violation of
    subdivision (c)(1.5) of Section 401 of that Act which
    relates to more than 5 grams of a substance containing
    fentanyl or an analog thereof.
        (D-5) A violation of subdivision (c)(1) of Section 401
    of the Illinois Controlled Substances Act which relates to
    3 or more grams of a substance containing heroin or an
    analog thereof.
        (E) (Blank).
        (F) A Class 1 or greater felony if the offender had
    been convicted of a Class 1 or greater felony, including
    any state or federal conviction for an offense that
    contained, at the time it was committed, the same elements
    as an offense now (the date of the offense committed after
    the prior Class 1 or greater felony) classified as a Class
    1 or greater felony, within 10 years of the date on which
    the offender committed the offense for which he or she is
    being sentenced, except as otherwise provided in Section
    40-10 of the Substance Use Disorder Act.
        (F-3) A Class 2 or greater felony sex offense or
    felony firearm offense if the offender had been convicted
    of a Class 2 or greater felony, including any state or
    federal conviction for an offense that contained, at the
    time it was committed, the same elements as an offense now
    (the date of the offense committed after the prior Class 2
    or greater felony) classified as a Class 2 or greater
    felony, within 10 years of the date on which the offender
    committed the offense for which he or she is being
    sentenced, except as otherwise provided in Section 40-10
    of the Substance Use Disorder Act.
        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
    of the Criminal Code of 1961 or the Criminal Code of 2012
    for which imprisonment is prescribed in those Sections.
        (G) Residential burglary, except as otherwise provided
    in Section 40-10 of the Substance Use Disorder Act.
        (H) Criminal sexual assault.
        (I) Aggravated battery of a senior citizen as
    described in Section 12-4.6 or subdivision (a)(4) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012.
        (J) A forcible felony if the offense was related to
    the activities of an organized gang.
        Before July 1, 1994, for the purposes of this
    paragraph, "organized gang" means an association of 5 or
    more persons, with an established hierarchy, that
    encourages members of the association to perpetrate crimes
    or provides support to the members of the association who
    do commit crimes.
        Beginning July 1, 1994, for the purposes of this
    paragraph, "organized gang" has the meaning ascribed to it
    in Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (K) Vehicular hijacking.
        (L) A second or subsequent conviction for the offense
    of hate crime when the underlying offense upon which the
    hate crime is based is felony aggravated assault or felony
    mob action.
        (M) A second or subsequent conviction for the offense
    of institutional vandalism if the damage to the property
    exceeds $300.
        (N) A Class 3 felony violation of paragraph (1) of
    subsection (a) of Section 2 of the Firearm Owners
    Identification Card Act.
        (O) A violation of Section 12-6.1 or 12-6.5 of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        (P) A violation of paragraph (1), (2), (3), (4), (5),
    or (7) of subsection (a) of Section 11-20.1 of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        (P-5) A violation of paragraph (6) of subsection (a)
    of Section 11-20.1 of the Criminal Code of 1961 or the
    Criminal Code of 2012 if the victim is a household or
    family member of the defendant.
        (Q) A violation of subsection (b) or (b-5) of Section
    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
    Code of 1961 or the Criminal Code of 2012.
        (R) A violation of Section 24-3A of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (S) (Blank).
        (T) (Blank).
        (U) A second or subsequent violation of Section 6-303
    of the Illinois Vehicle Code committed while his or her
    driver's license, permit, or privilege was revoked because
    of a violation of Section 9-3 of the Criminal Code of 1961
    or the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar provision of a law of
    another state.
        (V) A violation of paragraph (4) of subsection (c) of
    Section 11-20.1B or paragraph (4) of subsection (c) of
    Section 11-20.3 of the Criminal Code of 1961, or paragraph
    (6) of subsection (a) of Section 11-20.1 of the Criminal
    Code of 2012 when the victim is under 13 years of age and
    the defendant has previously been convicted under the laws
    of this State or any other state of the offense of child
    pornography, aggravated child pornography, aggravated
    criminal sexual abuse, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, or any of
    the offenses formerly known as rape, deviate sexual
    assault, indecent liberties with a child, or aggravated
    indecent liberties with a child where the victim was under
    the age of 18 years or an offense that is substantially
    equivalent to those offenses.
        (W) A violation of Section 24-3.5 of the Criminal Code
    of 1961 or the Criminal Code of 2012.
        (X) A violation of subsection (a) of Section 31-1a of
    the Criminal Code of 1961 or the Criminal Code of 2012.
        (Y) A conviction for unlawful possession of a firearm
    by a street gang member when the firearm was loaded or
    contained firearm ammunition.
        (Z) A Class 1 felony committed while he or she was
    serving a term of probation or conditional discharge for a
    felony.
        (AA) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value.
        (BB) Laundering of criminally derived property of a
    value exceeding $500,000.
        (CC) Knowingly selling, offering for sale, holding for
    sale, or using 2,000 or more counterfeit items or
    counterfeit items having a retail value in the aggregate
    of $500,000 or more.
        (DD) A conviction for aggravated assault under
    paragraph (6) of subsection (c) of Section 12-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 if the
    firearm is aimed toward the person against whom the
    firearm is being used.
        (EE) A conviction for a violation of paragraph (2) of
    subsection (a) of Section 24-3B of the Criminal Code of
    2012.
    (3) (Blank).
    (4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
    (4.1) (Blank).
    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
    (4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
    (4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
    (4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
    (4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
    (4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
    (4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
    (4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
    (5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
        (A) a period of conditional discharge;
        (B) a fine;
        (C) make restitution to the victim under Section 5-5-6
    of this Code.
    (5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
    (5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
    (5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
    (5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
    (5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
    (6) (Blank).
    (7) (Blank).
    (8) (Blank).
    (9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
    (10) (Blank).
    (11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
    (12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
    (13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
        (1) the court finds (A) or (B) or both are
    appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of
        2 years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of
    paying for such services, if the victim was under 18 years
    of age at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
    (g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health including but not limited to tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01
or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
    (j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
    (B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
        (1) a final order of deportation has been issued
    against the defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
        (2) the deportation of the defendant would not
    deprecate the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    (C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
    (D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

Effective Date: 1/1/2022