104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0074
 
Introduced , by Rep. Jackie Haas
 
SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-5-3
 Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act.


LRB104 03324 RLC 13346 b


 
 
A BILL FOR
 
HB0074LRB104 03324 RLC 13346 b


1 AN ACT concerning criminal law.

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

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

6 (730 ILCS 5/5-5-3)
7 (Text of Section before amendment by P.A. 103-825)
8 Sec. 5-5-3. Disposition. 
9 (a) (Blank).
10 (b) (Blank). 
11 (c)(1) (Blank).
12 (2) A period of probation, a term of periodic imprisonment 
13or conditional discharge shall not be imposed for the 
14following offenses. The court shall sentence the offender to 
15not less than the minimum term of imprisonment set forth in 
16this Code for the following offenses, and may order a fine or 
17restitution or both in conjunction with such term of 
18imprisonment:
19  (A) First degree murder.
20  (B) Attempted first degree murder.
21  (C) A Class X felony.
22  (D) A violation of Section 401.1 or 407 of the 
23 Illinois Controlled Substances Act, or a violation of 
 
 
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1 subdivision (c)(1.5) of Section 401 of that Act which 
2 relates to more than 5 grams of a substance containing 
3 fentanyl or an analog thereof.
4  (D-5) A violation of subdivision (c)(1) of Section 401 
5 of the Illinois Controlled Substances Act which relates to 
6 3 or more grams of a substance containing heroin or an 
7 analog thereof. 
8  (E) (Blank).
9  (F) A Class 1 or greater felony if the offender had 
10 been convicted of a Class 1 or greater felony, including 
11 any state or federal conviction for an offense that 
12 contained, at the time it was committed, the same elements 
13 as an offense now (the date of the offense committed after 
14 the prior Class 1 or greater felony) classified as a Class 
15 1 or greater felony, within 10 years of the date on which 
16 the offender committed the offense for which he or she is 
17 being sentenced, except as otherwise provided in Section 
18 40-10 of the Substance Use Disorder Act.
19  (F-3) A Class 2 or greater felony sex offense or 
20 felony firearm offense if the offender had been convicted 
21 of a Class 2 or greater felony, including any state or 
22 federal conviction for an offense that contained, at the 
23 time it was committed, the same elements as an offense now 
24 (the date of the offense committed after the prior Class 2 
25 or greater felony) classified as a Class 2 or greater 
26 felony, within 10 years of the date on which the offender 
 
 
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1 committed the offense for which he or she is being 
2 sentenced, except as otherwise provided in Section 40-10 
3 of the Substance Use Disorder Act. 
4  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
5 of the Criminal Code of 1961 or the Criminal Code of 2012 
6 for which imprisonment is prescribed in those Sections.
7  (G) Residential burglary, except as otherwise provided 
8 in Section 40-10 of the Substance Use Disorder Act.
9  (H) Criminal sexual assault.
10  (I) Aggravated battery of a senior citizen as 
11 described in Section 12-4.6 or subdivision (a)(4) of 
12 Section 12-3.05 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012.
14  (J) A forcible felony if the offense was related to 
15 the activities of an organized gang.
16  Before July 1, 1994, for the purposes of this 
17 paragraph, "organized gang" means an association of 5 or 
18 more persons, with an established hierarchy, that 
19 encourages members of the association to perpetrate crimes 
20 or provides support to the members of the association who 
21 do commit crimes.
22  Beginning July 1, 1994, for the purposes of this 
23 paragraph, "organized gang" has the meaning ascribed to it 
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
25 Prevention Act.
26  (K) Vehicular hijacking.
 
 
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1  (L) A second or subsequent conviction for the offense 
2 of hate crime when the underlying offense upon which the 
3 hate crime is based is felony aggravated assault or felony 
4 mob action.
5  (M) A second or subsequent conviction for the offense 
6 of institutional vandalism if the damage to the property 
7 exceeds $300.
8  (N) A Class 3 felony violation of paragraph (1) of 
9 subsection (a) of Section 2 of the Firearm Owners 
10 Identification Card Act.
11  (O) A violation of Section 12-6.1 or 12-6.5 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012.
13  (P) A violation of paragraph (1), (2), (3), (4), (5), 
14 or (7) of subsection (a) of Section 11-20.1 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012.
16  (P-5) A violation of paragraph (6) of subsection (a) 
17 of Section 11-20.1 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012 if the victim is a household or 
19 family member of the defendant.
20  (Q) A violation of subsection (b) or (b-5) of Section 
21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
22 Code of 1961 or the Criminal Code of 2012.
23  (R) A violation of Section 24-3A of the Criminal Code 
24 of 1961 or the Criminal Code of 2012.
25  (S) (Blank).
26  (T) (Blank).
 
 
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1  (U) A second or subsequent violation of Section 6-303 
2 of the Illinois Vehicle Code committed while his or her 
3 driver's license, permit, or privilege was revoked because 
4 of a violation of Section 9-3 of the Criminal Code of 1961 
5 or the Criminal Code of 2012, relating to the offense of 
6 reckless homicide, or a similar provision of a law of 
7 another state. 
8  (V) A violation of paragraph (4) of subsection (c) of 
9 Section 11-20.1B or paragraph (4) of subsection (c) of 
10 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
11 (6) of subsection (a) of Section 11-20.1 of the Criminal 
12 Code of 2012 when the victim is under 13 years of age and 
13 the defendant has previously been convicted under the laws 
14 of this State or any other state of the offense of child 
15 pornography, aggravated child pornography, aggravated 
16 criminal sexual abuse, aggravated criminal sexual assault, 
17 predatory criminal sexual assault of a child, or any of 
18 the offenses formerly known as rape, deviate sexual 
19 assault, indecent liberties with a child, or aggravated 
20 indecent liberties with a child where the victim was under 
21 the age of 18 years or an offense that is substantially 
22 equivalent to those offenses.
23  (W) A violation of Section 24-3.5 of the Criminal Code 
24 of 1961 or the Criminal Code of 2012. 
25  (X) A violation of subsection (a) of Section 31-1a of 
26 the Criminal Code of 1961 or the Criminal Code of 2012.
 
 
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1  (Y) A conviction for unlawful possession of a firearm 
2 by a street gang member when the firearm was loaded or 
3 contained firearm ammunition. 
4  (Z) A Class 1 felony committed while he or she was 
5 serving a term of probation or conditional discharge for a 
6 felony.
7  (AA) Theft of property exceeding $500,000 and not 
8 exceeding $1,000,000 in value.
9  (BB) Laundering of criminally derived property of a 
10 value exceeding $500,000.
11  (CC) Knowingly selling, offering for sale, holding for 
12 sale, or using 2,000 or more counterfeit items or 
13 counterfeit items having a retail value in the aggregate 
14 of $500,000 or more. 
15  (DD) A conviction for aggravated assault under 
16 paragraph (6) of subsection (c) of Section 12-2 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012 if the 
18 firearm is aimed toward the person against whom the 
19 firearm is being used. 
20  (EE) A conviction for a violation of paragraph (2) of 
21 subsection (a) of Section 24-3B of the Criminal Code of 
22 2012. 
23 (3) (Blank).
24 (4) A minimum term of imprisonment of not less than 10 
25consecutive days or 30 days of community service shall be 
26imposed for a violation of paragraph (c) of Section 6-303 of 
 
 
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1the Illinois Vehicle Code.
2 (4.1) (Blank).
3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
4this subsection (c), a minimum of 100 hours of community 
5service shall be imposed for a second violation of Section 
66-303 of the Illinois Vehicle Code.
7 (4.3) A minimum term of imprisonment of 30 days or 300 
8hours of community service, as determined by the court, shall 
9be imposed for a second violation of subsection (c) of Section 
106-303 of the Illinois Vehicle Code.
11 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
12(4.9) of this subsection (c), a minimum term of imprisonment 
13of 30 days or 300 hours of community service, as determined by 
14the court, shall be imposed for a third or subsequent 
15violation of Section 6-303 of the Illinois Vehicle Code. The 
16court may give credit toward the fulfillment of community 
17service hours for participation in activities and treatment as 
18determined by court services. 
19 (4.5) A minimum term of imprisonment of 30 days shall be 
20imposed for a third violation of subsection (c) of Section 
216-303 of the Illinois Vehicle Code.
22 (4.6) Except as provided in paragraph (4.10) of this 
23subsection (c), a minimum term of imprisonment of 180 days 
24shall be imposed for a fourth or subsequent violation of 
25subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26 (4.7) A minimum term of imprisonment of not less than 30 
 
 
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1consecutive days, or 300 hours of community service, shall be 
2imposed for a violation of subsection (a-5) of Section 6-303 
3of the Illinois Vehicle Code, as provided in subsection (b-5) 
4of that Section. 
5 (4.8) A mandatory prison sentence shall be imposed for a 
6second violation of subsection (a-5) of Section 6-303 of the 
7Illinois Vehicle Code, as provided in subsection (c-5) of that 
8Section. The person's driving privileges shall be revoked for 
9a period of not less than 5 years from the date of his or her 
10release from prison. 
11 (4.9) A mandatory prison sentence of not less than 4 and 
12not more than 15 years shall be imposed for a third violation 
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
14Code, as provided in subsection (d-2.5) of that Section. The 
15person's driving privileges shall be revoked for the remainder 
16of his or her life. 
17 (4.10) A mandatory prison sentence for a Class 1 felony 
18shall be imposed, and the person shall be eligible for an 
19extended term sentence, for a fourth or subsequent violation 
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
21Code, as provided in subsection (d-3.5) of that Section. The 
22person's driving privileges shall be revoked for the remainder 
23of his or her life. 
24 (5) The court may sentence a corporation or unincorporated 
25association convicted of any offense to:
26  (A) a period of conditional discharge;
 
 
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1  (B) a fine;
2  (C) make restitution to the victim under Section 5-5-6 
3 of this Code.
4 (5.1) In addition to any other penalties imposed, and 
5except as provided in paragraph (5.2) or (5.3), a person 
6convicted of violating subsection (c) of Section 11-907 of the 
7Illinois Vehicle Code shall have his or her driver's license, 
8permit, or privileges suspended for at least 90 days but not 
9more than one year, if the violation resulted in damage to the 
10property of another person.
11 (5.2) In addition to any other penalties imposed, and 
12except as provided in paragraph (5.3), a person convicted of 
13violating subsection (c) of Section 11-907 of the Illinois 
14Vehicle Code shall have his or her driver's license, permit, 
15or privileges suspended for at least 180 days but not more than 
162 years, if the violation resulted in injury to another 
17person.
18 (5.3) In addition to any other penalties imposed, a person 
19convicted of violating subsection (c) of Section 11-907 of the 
20Illinois Vehicle Code shall have his or her driver's license, 
21permit, or privileges suspended for 2 years, if the violation 
22resulted in the death of another person.
23 (5.4) In addition to any other penalties imposed, a person 
24convicted of violating Section 3-707 of the Illinois Vehicle 
25Code shall have his or her driver's license, permit, or 
26privileges suspended for 3 months and until he or she has paid 
 
 
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1a reinstatement fee of $100.
2 (5.5) In addition to any other penalties imposed, a person 
3convicted of violating Section 3-707 of the Illinois Vehicle 
4Code during a period in which his or her driver's license, 
5permit, or privileges were suspended for a previous violation 
6of that Section shall have his or her driver's license, 
7permit, or privileges suspended for an additional 6 months 
8after the expiration of the original 3-month suspension and 
9until he or she has paid a reinstatement fee of $100. 
10 (6) (Blank).
11 (7) (Blank).
12 (8) (Blank).
13 (9) A defendant convicted of a second or subsequent 
14offense of ritualized abuse of a child may be sentenced to a 
15term of natural life imprisonment.
16 (10) (Blank).
17 (11) The court shall impose a minimum fine of $1,000 for a 
18first offense and $2,000 for a second or subsequent offense 
19upon a person convicted of or placed on supervision for 
20battery when the individual harmed was a sports official or 
21coach at any level of competition and the act causing harm to 
22the sports official or coach occurred within an athletic 
23facility or within the immediate vicinity of the athletic 
24facility at which the sports official or coach was an active 
25participant of the athletic contest held at the athletic 
26facility. For the purposes of this paragraph (11), "sports 
 
 
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1official" means a person at an athletic contest who enforces 
2the rules of the contest, such as an umpire or referee; 
3"athletic facility" means an indoor or outdoor playing field 
4or recreational area where sports activities are conducted; 
5and "coach" means a person recognized as a coach by the 
6sanctioning authority that conducted the sporting event.
7 (12) A person may not receive a disposition of court 
8supervision for a violation of Section 5-16 of the Boat 
9Registration and Safety Act if that person has previously 
10received a disposition of court supervision for a violation of 
11that Section. 
12 (13) A person convicted of or placed on court supervision 
13for an assault or aggravated assault when the victim and the 
14offender are family or household members as defined in Section 
15103 of the Illinois Domestic Violence Act of 1986 or convicted 
16of domestic battery or aggravated domestic battery may be 
17required to attend a Partner Abuse Intervention Program under 
18protocols set forth by the Illinois Department of Human 
19Services under such terms and conditions imposed by the court. 
20The costs of such classes shall be paid by the offender. 
21 (d) In any case in which a sentence originally imposed is 
22vacated, the case shall be remanded to the trial court. The 
23trial court shall hold a hearing under Section 5-4-1 of this 
24Code which may include evidence of the defendant's life, moral 
25character and occupation during the time since the original 
26sentence was passed. The trial court shall then impose 
 
 
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1sentence upon the defendant. The trial court may impose any 
2sentence which could have been imposed at the original trial 
3subject to Section 5-5-4 of this Code. If a sentence is vacated 
4on appeal or on collateral attack due to the failure of the 
5trier of fact at trial to determine beyond a reasonable doubt 
6the existence of a fact (other than a prior conviction) 
7necessary to increase the punishment for the offense beyond 
8the statutory maximum otherwise applicable, either the 
9defendant may be re-sentenced to a term within the range 
10otherwise provided or, if the State files notice of its 
11intention to again seek the extended sentence, the defendant 
12shall be afforded a new trial.
13 (e) In cases where prosecution for aggravated criminal 
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
15Code of 1961 or the Criminal Code of 2012 results in conviction 
16of a defendant who was a family member of the victim at the 
17time of the commission of the offense, the court shall 
18consider the safety and welfare of the victim and may impose a 
19sentence of probation only where:
20  (1) the court finds (A) or (B) or both are 
21 appropriate:
22   (A) the defendant is willing to undergo a court 
23 approved counseling program for a minimum duration of 
24 2 years; or
25   (B) the defendant is willing to participate in a 
26 court approved plan, including, but not limited to, 
 
 
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1 the defendant's:
2    (i) removal from the household;
3    (ii) restricted contact with the victim;
4    (iii) continued financial support of the 
5 family;
6    (iv) restitution for harm done to the victim; 
7 and
8    (v) compliance with any other measures that 
9 the court may deem appropriate; and
10  (2) the court orders the defendant to pay for the 
11 victim's counseling services, to the extent that the court 
12 finds, after considering the defendant's income and 
13 assets, that the defendant is financially capable of 
14 paying for such services, if the victim was under 18 years 
15 of age at the time the offense was committed and requires 
16 counseling as a result of the offense.
17 Probation may be revoked or modified pursuant to Section 
185-6-4; except where the court determines at the hearing that 
19the defendant violated a condition of his or her probation 
20restricting contact with the victim or other family members or 
21commits another offense with the victim or other family 
22members, the court shall revoke the defendant's probation and 
23impose a term of imprisonment.
24 For the purposes of this Section, "family member" and 
25"victim" shall have the meanings ascribed to them in Section 
2611-0.1 of the Criminal Code of 2012.
 
 
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1 (f) (Blank).
2 (g) Whenever a defendant is convicted of an offense under 
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
411-14.3, 11-14.4 except for an offense that involves keeping a 
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
8Criminal Code of 2012, the defendant shall undergo medical 
9testing to determine whether the defendant has any sexually 
10transmissible disease, including a test for infection with 
11human immunodeficiency virus (HIV) or any other identified 
12causative agent of acquired immunodeficiency syndrome (AIDS). 
13Any such medical test shall be performed only by appropriately 
14licensed medical practitioners and may include an analysis of 
15any bodily fluids as well as an examination of the defendant's 
16person. Except as otherwise provided by law, the results of 
17such test shall be kept strictly confidential by all medical 
18personnel involved in the testing and must be personally 
19delivered in a sealed envelope to the judge of the court in 
20which the conviction was entered for the judge's inspection in 
21camera. Acting in accordance with the best interests of the 
22victim and the public, the judge shall have the discretion to 
23determine to whom, if anyone, the results of the testing may be 
24revealed. The court shall notify the defendant of the test 
25results. The court shall also notify the victim if requested 
26by the victim, and if the victim is under the age of 15 and if 
 
 
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1requested by the victim's parents or legal guardian, the court 
2shall notify the victim's parents or legal guardian of the 
3test results. The court shall provide information on the 
4availability of HIV testing and counseling at Department of 
5Public Health facilities to all parties to whom the results of 
6the testing are revealed and shall direct the State's Attorney 
7to provide the information to the victim when possible. The 
8court shall order that the cost of any such test shall be paid 
9by the county and may be taxed as costs against the convicted 
10defendant.
11 (g-5) When an inmate is tested for an airborne 
12communicable disease, as determined by the Illinois Department 
13of Public Health, including, but not limited to, tuberculosis, 
14the results of the test shall be personally delivered by the 
15warden or his or her designee in a sealed envelope to the judge 
16of the court in which the inmate must appear for the judge's 
17inspection in camera if requested by the judge. Acting in 
18accordance with the best interests of those in the courtroom, 
19the judge shall have the discretion to determine what if any 
20precautions need to be taken to prevent transmission of the 
21disease in the courtroom.
22 (h) Whenever a defendant is convicted of an offense under 
23Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
24defendant shall undergo medical testing to determine whether 
25the defendant has been exposed to human immunodeficiency virus 
26(HIV) or any other identified causative agent of acquired 
 
 
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1immunodeficiency syndrome (AIDS). Except as otherwise provided 
2by law, the results of such test shall be kept strictly 
3confidential by all medical personnel involved in the testing 
4and must be personally delivered in a sealed envelope to the 
5judge of the court in which the conviction was entered for the 
6judge's inspection in camera. Acting in accordance with the 
7best interests of the public, the judge shall have the 
8discretion to determine to whom, if anyone, the results of the 
9testing may be revealed. The court shall notify the defendant 
10of a positive test showing an infection with the human 
11immunodeficiency virus (HIV). The court shall provide 
12information on the availability of HIV testing and counseling 
13at Department of Public Health facilities to all parties to 
14whom the results of the testing are revealed and shall direct 
15the State's Attorney to provide the information to the victim 
16when possible. The court shall order that the cost of any such 
17test shall be paid by the county and may be taxed as costs 
18against the convicted defendant.
19 (i) All fines and penalties imposed under this Section for 
20any violation of Chapters 3, 4, 6, and 11 of the Illinois 
21Vehicle Code, or a similar provision of a local ordinance, and 
22any violation of the Child Passenger Protection Act, or a 
23similar provision of a local ordinance, shall be collected and 
24disbursed by the circuit clerk as provided under the Criminal 
25and Traffic Assessment Act.
26 (j) In cases when prosecution for any violation of Section 
 
 
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111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
512-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
6Code of 2012, any violation of the Illinois Controlled 
7Substances Act, any violation of the Cannabis Control Act, or 
8any violation of the Methamphetamine Control and Community 
9Protection Act results in conviction, a disposition of court 
10supervision, or an order of probation granted under Section 10 
11of the Cannabis Control Act, Section 410 of the Illinois 
12Controlled Substances Act, or Section 70 of the 
13Methamphetamine Control and Community Protection Act of a 
14defendant, the court shall determine whether the defendant is 
15employed by a facility or center as defined under the Child 
16Care Act of 1969, a public or private elementary or secondary 
17school, or otherwise works with children under 18 years of age 
18on a daily basis. When a defendant is so employed, the court 
19shall order the Clerk of the Court to send a copy of the 
20judgment of conviction or order of supervision or probation to 
21the defendant's employer by certified mail. If the employer of 
22the defendant is a school, the Clerk of the Court shall direct 
23the mailing of a copy of the judgment of conviction or order of 
24supervision or probation to the appropriate regional 
25superintendent of schools. The regional superintendent of 
26schools shall notify the State Board of Education of any 
 
 
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1notification under this subsection.
2 (j-5) A defendant at least 17 years of age who is convicted 
3of a felony and who has not been previously convicted of a 
4misdemeanor or felony and who is sentenced to a term of 
5imprisonment in the Illinois Department of Corrections shall 
6as a condition of his or her sentence be required by the court 
7to attend educational courses designed to prepare the 
8defendant for a high school diploma and to work toward a high 
9school diploma or to work toward passing high school 
10equivalency testing or to work toward completing a vocational 
11training program offered by the Department of Corrections. If 
12a defendant fails to complete the educational training 
13required by his or her sentence during the term of 
14incarceration, the Prisoner Review Board shall, as a condition 
15of mandatory supervised release, require the defendant, at his 
16or her own expense, to pursue a course of study toward a high 
17school diploma or passage of high school equivalency testing. 
18The Prisoner Review Board shall revoke the mandatory 
19supervised release of a defendant who wilfully fails to comply 
20with this subsection (j-5) upon his or her release from 
21confinement in a penal institution while serving a mandatory 
22supervised release term; however, the inability of the 
23defendant after making a good faith effort to obtain financial 
24aid or pay for the educational training shall not be deemed a 
25wilful failure to comply. The Prisoner Review Board shall 
26recommit the defendant whose mandatory supervised release term 
 
 
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1has been revoked under this subsection (j-5) as provided in 
2Section 3-3-9. This subsection (j-5) does not apply to a 
3defendant who has a high school diploma or has successfully 
4passed high school equivalency testing. This subsection (j-5) 
5does not apply to a defendant who is determined by the court to 
6be a person with a developmental disability or otherwise 
7mentally incapable of completing the educational or vocational 
8program.
9 (k) (Blank).
10 (l)(A) Except as provided in paragraph (C) of subsection 
11(l), whenever a defendant, who is not a citizen or national of 
12the United States, is convicted of any felony or misdemeanor 
13offense, the court after sentencing the defendant may, upon 
14motion of the State's Attorney, hold sentence in abeyance and 
15remand the defendant to the custody of the Attorney General of 
16the United States or his or her designated agent to be deported 
17when:
18  (1) a final order of deportation has been issued 
19 against the defendant pursuant to proceedings under the 
20 Immigration and Nationality Act, and
21  (2) the deportation of the defendant would not 
22 deprecate the seriousness of the defendant's conduct and 
23 would not be inconsistent with the ends of justice.
24 Otherwise, the defendant shall be sentenced as provided in 
25this Chapter V.
26 (B) If the defendant has already been sentenced for a 
 
 
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1felony or misdemeanor offense, or has been placed on probation 
2under Section 10 of the Cannabis Control Act, Section 410 of 
3the Illinois Controlled Substances Act, or Section 70 of the 
4Methamphetamine Control and Community Protection Act, the 
5court may, upon motion of the State's Attorney to suspend the 
6sentence imposed, commit the defendant to the custody of the 
7Attorney General of the United States or his or her designated 
8agent when:
9  (1) a final order of deportation has been issued 
10 against the defendant pursuant to proceedings under the 
11 Immigration and Nationality Act, and
12  (2) the deportation of the defendant would not 
13 deprecate the seriousness of the defendant's conduct and 
14 would not be inconsistent with the ends of justice.
15 (C) This subsection (l) does not apply to offenders who 
16are subject to the provisions of paragraph (2) of subsection 
17(a) of Section 3-6-3.
18 (D) Upon motion of the State's Attorney, if a defendant 
19sentenced under this Section returns to the jurisdiction of 
20the United States, the defendant shall be recommitted to the 
21custody of the county from which he or she was sentenced. 
22Thereafter, the defendant shall be brought before the 
23sentencing court, which may impose any sentence that was 
24available under Section 5-5-3 at the time of initial 
25sentencing. In addition, the defendant shall not be eligible 
26for additional earned sentence credit as provided under 
 
 
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1Section 3-6-3.
2 (m) A person convicted of criminal defacement of property 
3under Section 21-1.3 of the Criminal Code of 1961 or the 
4Criminal Code of 2012, in which the property damage exceeds 
5$300 and the property damaged is a school building, shall be 
6ordered to perform community service that may include cleanup, 
7removal, or painting over the defacement.
8 (n) The court may sentence a person convicted of a 
9violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
11of 1961 or the Criminal Code of 2012 (i) to an impact 
12incarceration program if the person is otherwise eligible for 
13that program under Section 5-8-1.1, (ii) to community service, 
14or (iii) if the person has a substance use disorder, as defined 
15in the Substance Use Disorder Act, to a treatment program 
16licensed under that Act.
17 (o) Whenever a person is convicted of a sex offense as 
18defined in Section 2 of the Sex Offender Registration Act, the 
19defendant's driver's license or permit shall be subject to 
20renewal on an annual basis in accordance with the provisions 
21of license renewal established by the Secretary of State. 
22(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
23102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
241-1-24.)

25 (Text of Section after amendment by P.A. 103-825)
 
 
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1 Sec. 5-5-3. Disposition. 
2 (a) (Blank).
3 (b) (Blank). 
4 (c)(1) (Blank).
5 (2) A period of probation, a term of periodic imprisonment 
6or conditional discharge shall not be imposed for the 
7following offenses. The court shall sentence the offender to 
8not less than the minimum term of imprisonment set forth in 
9this Code for the following offenses, and may order a fine or 
10restitution or both in conjunction with such term of 
11imprisonment:
12  (A) First degree murder.
13  (B) Attempted first degree murder.
14  (C) A Class X felony.
15  (D) A violation of Section 401.1 or 407 of the 
16 Illinois Controlled Substances Act, or a violation of 
17 subdivision (c)(1.5) of Section 401 of that Act which 
18 relates to more than 5 grams of a substance containing 
19 fentanyl or an analog thereof.
20  (D-5) A violation of subdivision (c)(1) of Section 401 
21 of the Illinois Controlled Substances Act which relates to 
22 3 or more grams of a substance containing heroin or an 
23 analog thereof. 
24  (E) (Blank).
25  (F) A Class 1 or greater felony if the offender had 
26 been convicted of a Class 1 or greater felony, including 
 
 
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1 any state or federal conviction for an offense that 
2 contained, at the time it was committed, the same elements 
3 as an offense now (the date of the offense committed after 
4 the prior Class 1 or greater felony) classified as a Class 
5 1 or greater felony, within 10 years of the date on which 
6 the offender committed the offense for which he or she is 
7 being sentenced, except as otherwise provided in Section 
8 40-10 of the Substance Use Disorder Act.
9  (F-3) A Class 2 or greater felony sex offense or 
10 felony firearm offense if the offender had been convicted 
11 of a Class 2 or greater felony, including any state or 
12 federal conviction for an offense that contained, at the 
13 time it was committed, the same elements as an offense now 
14 (the date of the offense committed after the prior Class 2 
15 or greater felony) classified as a Class 2 or greater 
16 felony, within 10 years of the date on which the offender 
17 committed the offense for which he or she is being 
18 sentenced, except as otherwise provided in Section 40-10 
19 of the Substance Use Disorder Act. 
20  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
21 of the Criminal Code of 1961 or the Criminal Code of 2012 
22 for which imprisonment is prescribed in those Sections.
23  (G) Residential burglary, except as otherwise provided 
24 in Section 40-10 of the Substance Use Disorder Act.
25  (H) Criminal sexual assault.
26  (I) Aggravated battery of a senior citizen as 
 
 
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1 described in Section 12-4.6 or subdivision (a)(4) of 
2 Section 12-3.05 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012.
4  (J) A forcible felony if the offense was related to 
5 the activities of an organized gang.
6  Before July 1, 1994, for the purposes of this 
7 paragraph, "organized gang" means an association of 5 or 
8 more persons, with an established hierarchy, that 
9 encourages members of the association to perpetrate crimes 
10 or provides support to the members of the association who 
11 do commit crimes.
12  Beginning July 1, 1994, for the purposes of this 
13 paragraph, "organized gang" has the meaning ascribed to it 
14 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
15 Prevention Act.
16  (K) Vehicular hijacking.
17  (L) A second or subsequent conviction for the offense 
18 of hate crime when the underlying offense upon which the 
19 hate crime is based is felony aggravated assault or felony 
20 mob action.
21  (M) A second or subsequent conviction for the offense 
22 of institutional vandalism if the damage to the property 
23 exceeds $300.
24  (N) A Class 3 felony violation of paragraph (1) of 
25 subsection (a) of Section 2 of the Firearm Owners 
26 Identification Card Act.
 
 
HB0074- 25 -LRB104 03324 RLC 13346 b


1  (O) A violation of Section 12-6.1 or 12-6.5 of the 
2 Criminal Code of 1961 or the Criminal Code of 2012.
3  (P) A violation of paragraph (1), (2), (3), (4), (5), 
4 or (7) of subsection (a) of Section 11-20.1 of the 
5 Criminal Code of 1961 or the Criminal Code of 2012.
6  (P-5) A violation of paragraph (6) of subsection (a) 
7 of Section 11-20.1 of the Criminal Code of 1961 or the 
8 Criminal Code of 2012 if the victim is a household or 
9 family member of the defendant.
10  (P-6) A violation of paragraph (2) of subsection (b) 
11 of Section 11-20.4 of the Criminal Code of 2012. 
12  (Q) A violation of subsection (b) or (b-5) of Section 
13 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
14 Code of 1961 or the Criminal Code of 2012.
15  (R) A violation of Section 24-3A of the Criminal Code 
16 of 1961 or the Criminal Code of 2012.
17  (S) (Blank).
18  (T) (Blank).
19  (U) A second or subsequent violation of Section 6-303 
20 of the Illinois Vehicle Code committed while his or her 
21 driver's license, permit, or privilege was revoked because 
22 of a violation of Section 9-3 of the Criminal Code of 1961 
23 or the Criminal Code of 2012, relating to the offense of 
24 reckless homicide, or a similar provision of a law of 
25 another state. 
26  (V) A violation of paragraph (4) of subsection (c) of 
 
 
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1 Section 11-20.1B or paragraph (4) of subsection (c) of 
2 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
3 (6) of subsection (a) of Section 11-20.1 of the Criminal 
4 Code of 2012 when the victim is under 13 years of age and 
5 the defendant has previously been convicted under the laws 
6 of this State or any other state of the offense of child 
7 pornography, aggravated child pornography, aggravated 
8 criminal sexual abuse, aggravated criminal sexual assault, 
9 predatory criminal sexual assault of a child, or any of 
10 the offenses formerly known as rape, deviate sexual 
11 assault, indecent liberties with a child, or aggravated 
12 indecent liberties with a child where the victim was under 
13 the age of 18 years or an offense that is substantially 
14 equivalent to those offenses.
15  (V-5) A violation of paragraph (1) of subsection (b) 
16 of Section 11-20.4 of the Criminal Code of 2012 when the 
17 victim is under 13 years of age and the defendant has 
18 previously been convicted under the laws of this State or 
19 any other state of the offense of child pornography, 
20 aggravated child pornography, aggravated criminal sexual 
21 abuse, aggravated criminal sexual assault, predatory 
22 criminal sexual assault of a child, or any of the offenses 
23 formerly known as rape, deviate sexual assault, indecent 
24 liberties with a child, or aggravated indecent liberties 
25 with a child if the victim was under the age of 18 years or 
26 an offense that is substantially equivalent to those 
 
 
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1 offenses. 
2  (W) A violation of Section 24-3.5 of the Criminal Code 
3 of 1961 or the Criminal Code of 2012. 
4  (X) A violation of subsection (a) of Section 31-1a of 
5 the Criminal Code of 1961 or the Criminal Code of 2012.
6  (Y) A conviction for unlawful possession of a firearm 
7 by a street gang member when the firearm was loaded or 
8 contained firearm ammunition. 
9  (Z) A Class 1 felony committed while he or she was 
10 serving a term of probation or conditional discharge for a 
11 felony.
12  (AA) Theft of property exceeding $500,000 and not 
13 exceeding $1,000,000 in value.
14  (BB) Laundering of criminally derived property of a 
15 value exceeding $500,000.
16  (CC) Knowingly selling, offering for sale, holding for 
17 sale, or using 2,000 or more counterfeit items or 
18 counterfeit items having a retail value in the aggregate 
19 of $500,000 or more. 
20  (DD) A conviction for aggravated assault under 
21 paragraph (6) of subsection (c) of Section 12-2 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012 if the 
23 firearm is aimed toward the person against whom the 
24 firearm is being used. 
25  (EE) A conviction for a violation of paragraph (2) of 
26 subsection (a) of Section 24-3B of the Criminal Code of 
 
 
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1 2012. 
2  (FF) A felony offense that requires registration under 
3 the Sex Offender Registration Act. 
4 (3) (Blank).
5 (4) A minimum term of imprisonment of not less than 10 
6consecutive days or 30 days of community service shall be 
7imposed for a violation of paragraph (c) of Section 6-303 of 
8the Illinois Vehicle Code.
9 (4.1) (Blank).
10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
11this subsection (c), a minimum of 100 hours of community 
12service shall be imposed for a second violation of Section 
136-303 of the Illinois Vehicle Code.
14 (4.3) A minimum term of imprisonment of 30 days or 300 
15hours of community service, as determined by the court, shall 
16be imposed for a second violation of subsection (c) of Section 
176-303 of the Illinois Vehicle Code.
18 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
19(4.9) of this subsection (c), a minimum term of imprisonment 
20of 30 days or 300 hours of community service, as determined by 
21the court, shall be imposed for a third or subsequent 
22violation of Section 6-303 of the Illinois Vehicle Code. The 
23court may give credit toward the fulfillment of community 
24service hours for participation in activities and treatment as 
25determined by court services. 
26 (4.5) A minimum term of imprisonment of 30 days shall be 
 
 
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1imposed for a third violation of subsection (c) of Section 
26-303 of the Illinois Vehicle Code.
3 (4.6) Except as provided in paragraph (4.10) of this 
4subsection (c), a minimum term of imprisonment of 180 days 
5shall be imposed for a fourth or subsequent violation of 
6subsection (c) of Section 6-303 of the Illinois Vehicle Code.
7 (4.7) A minimum term of imprisonment of not less than 30 
8consecutive days, or 300 hours of community service, shall be 
9imposed for a violation of subsection (a-5) of Section 6-303 
10of the Illinois Vehicle Code, as provided in subsection (b-5) 
11of that Section. 
12 (4.8) A mandatory prison sentence shall be imposed for a 
13second violation of subsection (a-5) of Section 6-303 of the 
14Illinois Vehicle Code, as provided in subsection (c-5) of that 
15Section. The person's driving privileges shall be revoked for 
16a period of not less than 5 years from the date of his or her 
17release from prison. 
18 (4.9) A mandatory prison sentence of not less than 4 and 
19not more than 15 years shall be imposed for a third violation 
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
21Code, as provided in subsection (d-2.5) of that Section. The 
22person's driving privileges shall be revoked for the remainder 
23of his or her life. 
24 (4.10) A mandatory prison sentence for a Class 1 felony 
25shall be imposed, and the person shall be eligible for an 
26extended term sentence, for a fourth or subsequent violation 
 
 
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1of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
2Code, as provided in subsection (d-3.5) of that Section. The 
3person's driving privileges shall be revoked for the remainder 
4of his or her life. 
5 (5) The court may sentence a corporation or unincorporated 
6association convicted of any offense to:
7  (A) a period of conditional discharge;
8  (B) a fine;
9  (C) make restitution to the victim under Section 5-5-6 
10 of this Code.
11 (5.1) In addition to any other penalties imposed, and 
12except as provided in paragraph (5.2) or (5.3), a person 
13convicted of violating subsection (c) of Section 11-907 of the 
14Illinois Vehicle Code shall have his or her driver's license, 
15permit, or privileges suspended for at least 90 days but not 
16more than one year, if the violation resulted in damage to the 
17property of another person.
18 (5.2) In addition to any other penalties imposed, and 
19except as provided in paragraph (5.3), a person convicted of 
20violating subsection (c) of Section 11-907 of the Illinois 
21Vehicle Code shall have his or her driver's license, permit, 
22or privileges suspended for at least 180 days but not more than 
232 years, if the violation resulted in injury to another 
24person.
25 (5.3) In addition to any other penalties imposed, a person 
26convicted of violating subsection (c) of Section 11-907 of the 
 
 
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1Illinois Vehicle Code shall have his or her driver's license, 
2permit, or privileges suspended for 2 years, if the violation 
3resulted in the death of another person.
4 (5.4) In addition to any other penalties imposed, a person 
5convicted of violating Section 3-707 of the Illinois Vehicle 
6Code shall have his or her driver's license, permit, or 
7privileges suspended for 3 months and until he or she has paid 
8a reinstatement fee of $100.
9 (5.5) In addition to any other penalties imposed, a person 
10convicted of violating Section 3-707 of the Illinois Vehicle 
11Code during a period in which his or her driver's license, 
12permit, or privileges were suspended for a previous violation 
13of that Section shall have his or her driver's license, 
14permit, or privileges suspended for an additional 6 months 
15after the expiration of the original 3-month suspension and 
16until he or she has paid a reinstatement fee of $100. 
17 (6) (Blank).
18 (7) (Blank).
19 (8) (Blank).
20 (9) A defendant convicted of a second or subsequent 
21offense of ritualized abuse of a child may be sentenced to a 
22term of natural life imprisonment.
23 (10) (Blank).
24 (11) The court shall impose a minimum fine of $1,000 for a 
25first offense and $2,000 for a second or subsequent offense 
26upon a person convicted of or placed on supervision for 
 
 
HB0074- 32 -LRB104 03324 RLC 13346 b


1battery when the individual harmed was a sports official or 
2coach at any level of competition and the act causing harm to 
3the sports official or coach occurred within an athletic 
4facility or within the immediate vicinity of the athletic 
5facility at which the sports official or coach was an active 
6participant of the athletic contest held at the athletic 
7facility. For the purposes of this paragraph (11), "sports 
8official" means a person at an athletic contest who enforces 
9the rules of the contest, such as an umpire or referee; 
10"athletic facility" means an indoor or outdoor playing field 
11or recreational area where sports activities are conducted; 
12and "coach" means a person recognized as a coach by the 
13sanctioning authority that conducted the sporting event.
14 (12) A person may not receive a disposition of court 
15supervision for a violation of Section 5-16 of the Boat 
16Registration and Safety Act if that person has previously 
17received a disposition of court supervision for a violation of 
18that Section. 
19 (13) A person convicted of or placed on court supervision 
20for an assault or aggravated assault when the victim and the 
21offender are family or household members as defined in Section 
22103 of the Illinois Domestic Violence Act of 1986 or convicted 
23of domestic battery or aggravated domestic battery may be 
24required to attend a Partner Abuse Intervention Program under 
25protocols set forth by the Illinois Department of Human 
26Services under such terms and conditions imposed by the court. 
 
 
HB0074- 33 -LRB104 03324 RLC 13346 b


1The costs of such classes shall be paid by the offender. 
2 (d) In any case in which a sentence originally imposed is 
3vacated, the case shall be remanded to the trial court. The 
4trial court shall hold a hearing under Section 5-4-1 of this 
5Code which may include evidence of the defendant's life, moral 
6character and occupation during the time since the original 
7sentence was passed. The trial court shall then impose 
8sentence upon the defendant. The trial court may impose any 
9sentence which could have been imposed at the original trial 
10subject to Section 5-5-4 of this Code. If a sentence is vacated 
11on appeal or on collateral attack due to the failure of the 
12trier of fact at trial to determine beyond a reasonable doubt 
13the existence of a fact (other than a prior conviction) 
14necessary to increase the punishment for the offense beyond 
15the statutory maximum otherwise applicable, either the 
16defendant may be re-sentenced to a term within the range 
17otherwise provided or, if the State files notice of its 
18intention to again seek the extended sentence, the defendant 
19shall be afforded a new trial.
20 (e) In cases where prosecution for aggravated criminal 
21sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
22Code of 1961 or the Criminal Code of 2012 results in conviction 
23of a defendant who was a family member of the victim at the 
24time of the commission of the offense, the court shall 
25consider the safety and welfare of the victim and may impose a 
26sentence of probation only where:
 
 
HB0074- 34 -LRB104 03324 RLC 13346 b


1  (1) the court finds (A) or (B) or both are 
2 appropriate:
3   (A) the defendant is willing to undergo a court 
4 approved counseling program for a minimum duration of 
5 2 years; or
6   (B) the defendant is willing to participate in a 
7 court approved plan, including, but not limited to, 
8 the defendant's:
9    (i) removal from the household;
10    (ii) restricted contact with the victim;
11    (iii) continued financial support of the 
12 family;
13    (iv) restitution for harm done to the victim; 
14 and
15    (v) compliance with any other measures that 
16 the court may deem appropriate; and
17  (2) the court orders the defendant to pay for the 
18 victim's counseling services, to the extent that the court 
19 finds, after considering the defendant's income and 
20 assets, that the defendant is financially capable of 
21 paying for such services, if the victim was under 18 years 
22 of age at the time the offense was committed and requires 
23 counseling as a result of the offense.
24 Probation may be revoked or modified pursuant to Section 
255-6-4; except where the court determines at the hearing that 
26the defendant violated a condition of his or her probation 
 
 
HB0074- 35 -LRB104 03324 RLC 13346 b


1restricting contact with the victim or other family members or 
2commits another offense with the victim or other family 
3members, the court shall revoke the defendant's probation and 
4impose a term of imprisonment.
5 For the purposes of this Section, "family member" and 
6"victim" shall have the meanings ascribed to them in Section 
711-0.1 of the Criminal Code of 2012.
8 (f) (Blank).
9 (g) Whenever a defendant is convicted of an offense under 
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
1111-14.3, 11-14.4 except for an offense that involves keeping a 
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
1412-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
15Criminal Code of 2012, the defendant shall undergo medical 
16testing to determine whether the defendant has any sexually 
17transmissible disease, including a test for infection with 
18human immunodeficiency virus (HIV) or any other identified 
19causative agent of acquired immunodeficiency syndrome (AIDS). 
20Any such medical test shall be performed only by appropriately 
21licensed medical practitioners and may include an analysis of 
22any bodily fluids as well as an examination of the defendant's 
23person. Except as otherwise provided by law, the results of 
24such test shall be kept strictly confidential by all medical 
25personnel involved in the testing and must be personally 
26delivered in a sealed envelope to the judge of the court in 
 
 
HB0074- 36 -LRB104 03324 RLC 13346 b


1which the conviction was entered for the judge's inspection in 
2camera. Acting in accordance with the best interests of the 
3victim and the public, the judge shall have the discretion to 
4determine to whom, if anyone, the results of the testing may be 
5revealed. The court shall notify the defendant of the test 
6results. The court shall also notify the victim if requested 
7by the victim, and if the victim is under the age of 15 and if 
8requested by the victim's parents or legal guardian, the court 
9shall notify the victim's parents or legal guardian of the 
10test results. The court shall provide information on the 
11availability of HIV testing and counseling at Department of 
12Public Health facilities to all parties to whom the results of 
13the testing are revealed and shall direct the State's Attorney 
14to provide the information to the victim when possible. The 
15court shall order that the cost of any such test shall be paid 
16by the county and may be taxed as costs against the convicted 
17defendant.
18 (g-5) When an inmate is tested for an airborne 
19communicable disease, as determined by the Illinois Department 
20of Public Health, including, but not limited to, tuberculosis, 
21the results of the test shall be personally delivered by the 
22warden or his or her designee in a sealed envelope to the judge 
23of the court in which the inmate must appear for the judge's 
24inspection in camera if requested by the judge. Acting in 
25accordance with the best interests of those in the courtroom, 
26the judge shall have the discretion to determine what if any 
 
 
HB0074- 37 -LRB104 03324 RLC 13346 b


1precautions need to be taken to prevent transmission of the 
2disease in the courtroom.
3 (h) Whenever a defendant is convicted of an offense under 
4Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
5defendant shall undergo medical testing to determine whether 
6the defendant has been exposed to human immunodeficiency virus 
7(HIV) or any other identified causative agent of acquired 
8immunodeficiency syndrome (AIDS). Except as otherwise provided 
9by law, the results of such test shall be kept strictly 
10confidential by all medical personnel involved in the testing 
11and must be personally delivered in a sealed envelope to the 
12judge of the court in which the conviction was entered for the 
13judge's inspection in camera. Acting in accordance with the 
14best interests of the public, the judge shall have the 
15discretion to determine to whom, if anyone, the results of the 
16testing may be revealed. The court shall notify the defendant 
17of a positive test showing an infection with the human 
18immunodeficiency virus (HIV). The court shall provide 
19information on the availability of HIV testing and counseling 
20at Department of Public Health facilities to all parties to 
21whom the results of the testing are revealed and shall direct 
22the State's Attorney to provide the information to the victim 
23when possible. The court shall order that the cost of any such 
24test shall be paid by the county and may be taxed as costs 
25against the convicted defendant.
26 (i) All fines and penalties imposed under this Section for 
 
 
HB0074- 38 -LRB104 03324 RLC 13346 b


1any violation of Chapters 3, 4, 6, and 11 of the Illinois 
2Vehicle Code, or a similar provision of a local ordinance, and 
3any violation of the Child Passenger Protection Act, or a 
4similar provision of a local ordinance, shall be collected and 
5disbursed by the circuit clerk as provided under the Criminal 
6and Traffic Assessment Act.
7 (j) In cases when prosecution for any violation of Section 
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
1111-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14, 
1212-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
13Criminal Code of 2012, any violation of the Illinois 
14Controlled Substances Act, any violation of the Cannabis 
15Control Act, or any violation of the Methamphetamine Control 
16and Community Protection Act results in conviction, a 
17disposition of court supervision, or an order of probation 
18granted under Section 10 of the Cannabis Control Act, Section 
19410 of the Illinois Controlled Substances Act, or Section 70 
20of the Methamphetamine Control and Community Protection Act of 
21a defendant, the court shall determine whether the defendant 
22is employed by a facility or center as defined under the Child 
23Care Act of 1969, a public or private elementary or secondary 
24school, or otherwise works with children under 18 years of age 
25on a daily basis. When a defendant is so employed, the court 
26shall order the Clerk of the Court to send a copy of the 
 
 
HB0074- 39 -LRB104 03324 RLC 13346 b


1judgment of conviction or order of supervision or probation to 
2the defendant's employer by certified mail. If the employer of 
3the defendant is a school, the Clerk of the Court shall direct 
4the mailing of a copy of the judgment of conviction or order of 
5supervision or probation to the appropriate regional 
6superintendent of schools. The regional superintendent of 
7schools shall notify the State Board of Education of any 
8notification under this subsection.
9 (j-5) A defendant at least 17 years of age who is convicted 
10of a felony and who has not been previously convicted of a 
11misdemeanor or felony and who is sentenced to a term of 
12imprisonment in the Illinois Department of Corrections shall 
13as a condition of his or her sentence be required by the court 
14to attend educational courses designed to prepare the 
15defendant for a high school diploma and to work toward a high 
16school diploma or to work toward passing high school 
17equivalency testing or to work toward completing a vocational 
18training program offered by the Department of Corrections. If 
19a defendant fails to complete the educational training 
20required by his or her sentence during the term of 
21incarceration, the Prisoner Review Board shall, as a condition 
22of mandatory supervised release, require the defendant, at his 
23or her own expense, to pursue a course of study toward a high 
24school diploma or passage of high school equivalency testing. 
25The Prisoner Review Board shall revoke the mandatory 
26supervised release of a defendant who wilfully fails to comply 
 
 
HB0074- 40 -LRB104 03324 RLC 13346 b


1with this subsection (j-5) upon his or her release from 
2confinement in a penal institution while serving a mandatory 
3supervised release term; however, the inability of the 
4defendant after making a good faith effort to obtain financial 
5aid or pay for the educational training shall not be deemed a 
6wilful failure to comply. The Prisoner Review Board shall 
7recommit the defendant whose mandatory supervised release term 
8has been revoked under this subsection (j-5) as provided in 
9Section 3-3-9. This subsection (j-5) does not apply to a 
10defendant who has a high school diploma or has successfully 
11passed high school equivalency testing. This subsection (j-5) 
12does not apply to a defendant who is determined by the court to 
13be a person with a developmental disability or otherwise 
14mentally incapable of completing the educational or vocational 
15program.
16 (k) (Blank).
17 (l)(A) Except as provided in paragraph (C) of subsection 
18(l), whenever a defendant, who is not a citizen or national of 
19the United States, is convicted of any felony or misdemeanor 
20offense, the court after sentencing the defendant may, upon 
21motion of the State's Attorney, hold sentence in abeyance and 
22remand the defendant to the custody of the Attorney General of 
23the United States or his or her designated agent to be deported 
24when:
25  (1) a final order of deportation has been issued 
26 against the defendant pursuant to proceedings under the 
 
 
HB0074- 41 -LRB104 03324 RLC 13346 b


1 Immigration and Nationality Act, and
2  (2) the deportation of the defendant would not 
3 deprecate the seriousness of the defendant's conduct and 
4 would not be inconsistent with the ends of justice.
5 Otherwise, the defendant shall be sentenced as provided in 
6this Chapter V.
7 (B) If the defendant has already been sentenced for a 
8felony or misdemeanor offense, or has been placed on probation 
9under Section 10 of the Cannabis Control Act, Section 410 of 
10the Illinois Controlled Substances Act, or Section 70 of the 
11Methamphetamine Control and Community Protection Act, the 
12court may, upon motion of the State's Attorney to suspend the 
13sentence imposed, commit the defendant to the custody of the 
14Attorney General of the United States or his or her designated 
15agent when:
16  (1) a final order of deportation has been issued 
17 against the defendant pursuant to proceedings under the 
18 Immigration and Nationality Act, and
19  (2) the deportation of the defendant would not 
20 deprecate the seriousness of the defendant's conduct and 
21 would not be inconsistent with the ends of justice.
22 (C) This subsection (l) does not apply to offenders who 
23are subject to the provisions of paragraph (2) of subsection 
24(a) of Section 3-6-3.
25 (D) Upon motion of the State's Attorney, if a defendant 
26sentenced under this Section returns to the jurisdiction of 
 
 
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1the United States, the defendant shall be recommitted to the 
2custody of the county from which he or she was sentenced. 
3Thereafter, the defendant shall be brought before the 
4sentencing court, which may impose any sentence that was 
5available under Section 5-5-3 at the time of initial 
6sentencing. In addition, the defendant shall not be eligible 
7for additional earned sentence credit as provided under 
8Section 3-6-3.
9 (m) A person convicted of criminal defacement of property 
10under Section 21-1.3 of the Criminal Code of 1961 or the 
11Criminal Code of 2012, in which the property damage exceeds 
12$300 and the property damaged is a school building, shall be 
13ordered to perform community service that may include cleanup, 
14removal, or painting over the defacement.
15 (n) The court may sentence a person convicted of a 
16violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
18of 1961 or the Criminal Code of 2012 (i) to an impact 
19incarceration program if the person is otherwise eligible for 
20that program under Section 5-8-1.1, (ii) to community service, 
21or (iii) if the person has a substance use disorder, as defined 
22in the Substance Use Disorder Act, to a treatment program 
23licensed under that Act.
24 (o) Whenever a person is convicted of a sex offense as 
25defined in Section 2 of the Sex Offender Registration Act, the 
26defendant's driver's license or permit shall be subject to 
 
 
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1renewal on an annual basis in accordance with the provisions 
2of license renewal established by the Secretary of State. 
3(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
4102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
51-1-24; 103-825, eff. 1-1-25.)