Bill Text: IL HB1063 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Repeals the statute creating the offense of criminal transmission of HIV. Makes conforming changes in the AIDS Confidentiality Act, the Illinois Sexually Transmissible Disease Control Act, the Illinois Vehicle Code, the Criminal Code of 2012, and the Unified Code of Corrections. Effective immediately.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Passed) 2021-07-27 - Public Act . . . . . . . . . 102-0168 [HB1063 Detail]

Download: Illinois-2021-HB1063-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The AIDS Confidentiality Act is amended by
changing Section 9 as follows:
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
Sec. 9. (1) No person may disclose or be compelled to
disclose HIV-related information, except to the following
persons:
(a) The subject of an HIV test or the subject's
legally authorized representative. A physician may notify
the spouse or civil union partner of the test subject, if
the test result is positive and has been confirmed
pursuant to rules adopted by the Department, provided that
the physician has first sought unsuccessfully to persuade
the patient to notify the spouse or civil union partner or
that, a reasonable time after the patient has agreed to
make the notification, the physician has reason to believe
that the patient has not provided the notification. This
paragraph shall not create a duty or obligation under
which a physician must notify the spouse or civil union
partner of the test results, nor shall such duty or
obligation be implied. No civil liability or criminal

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sanction under this Act shall be imposed for any
disclosure or non-disclosure of a test result to a spouse
or civil union partner by a physician acting in good faith
under this paragraph. For the purpose of any proceedings,
civil or criminal, the good faith of any physician acting
under this paragraph shall be presumed.
(b) Any person designated in a legally effective
authorization for release of the HIV-related information
executed by the subject of the HIV-related information or
the subject's legally authorized representative.
(c) An authorized agent or employee of a health
facility or health care provider if the health facility or
health care provider itself is authorized to obtain the
test results, the agent or employee provides patient care
or handles or processes specimens of body fluids or
tissues, and the agent or employee has a need to know such
information.
(d) The Department and local health authorities
serving a population of over 1,000,000 residents or other
local health authorities as designated by the Department,
in accordance with rules for reporting, preventing, and
controlling the spread of disease and the conduct of
public health surveillance, public health investigations,
and public health interventions, as otherwise provided by
State law. The Department, local health authorities, and
authorized representatives shall not disclose HIV test

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results and HIV-related information, publicly or in any
action of any kind in any court or before any tribunal,
board, or agency. HIV test results and HIV-related
information shall be protected from disclosure in
accordance with the provisions of Sections 8-2101 through
8-2105 of the Code of Civil Procedure.
(e) A health facility, health care provider, or health
care professional which procures, processes, distributes
or uses: (i) a human body part from a deceased person with
respect to medical information regarding that person; or
(ii) semen provided prior to the effective date of this
Act for the purpose of artificial insemination.
(f) Health facility staff committees for the purposes
of conducting program monitoring, program evaluation or
service reviews.
(f-5) (Blank). A court in accordance with the
provisions of Section 12-5.01 of the Criminal Code of
2012.
(g) (Blank).
(h) Any health care provider, health care
professional, or employee of a health facility, and any
firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
involved in an accidental direct skin or mucous membrane
contact with the blood or bodily fluids of an individual
which is of a nature that may transmit HIV, as determined
by a physician in his medical judgment.

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(i) Any law enforcement officer, as defined in
subsection (c) of Section 7, involved in the line of duty
in a direct skin or mucous membrane contact with the blood
or bodily fluids of an individual which is of a nature that
may transmit HIV, as determined by a physician in his
medical judgment.
(j) A temporary caretaker of a child taken into
temporary protective custody by the Department of Children
and Family Services pursuant to Section 5 of the Abused
and Neglected Child Reporting Act, as now or hereafter
amended.
(k) In the case of a minor under 18 years of age whose
test result is positive and has been confirmed pursuant to
rules adopted by the Department, the health care
professional who ordered the test shall make a reasonable
effort to notify the minor's parent or legal guardian if,
in the professional judgment of the health care
professional, notification would be in the best interest
of the child and the health care professional has first
sought unsuccessfully to persuade the minor to notify the
parent or legal guardian or a reasonable time after the
minor has agreed to notify the parent or legal guardian,
the health care professional has reason to believe that
the minor has not made the notification. This subsection
shall not create a duty or obligation under which a health
care professional must notify the minor's parent or legal

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guardian of the test results, nor shall a duty or
obligation be implied. No civil liability or criminal
sanction under this Act shall be imposed for any
notification or non-notification of a minor's test result
by a health care professional acting in good faith under
this subsection. For the purpose of any proceeding, civil
or criminal, the good faith of any health care
professional acting under this subsection shall be
presumed.
(2) All information and records held by a State agency,
local health authority, or health oversight agency pertaining
to HIV-related information shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. The information and records shall not be
released or made public by the State agency, local health
authority, or health oversight agency, shall not be admissible
as evidence nor discoverable in any action of any kind in any
court or before any tribunal, board, agency, or person, and
shall be treated in the same manner as the information and
those records subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure, except under the
following circumstances:
(A) when made with the written consent of all persons
to whom the information pertains; or
(B) when authorized by Section 5-4-3 of the Unified
Code of Corrections.

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Disclosure shall be limited to those who have a need to
know the information, and no additional disclosures may be
made.
(Source: P.A. 98-973, eff. 8-15-14; 98-1046, eff. 1-1-15;
99-54, eff. 1-1-16; 99-78, eff. 7-20-15.)
Section 10. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
Sec. 5.5. Risk assessment.
(a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
(b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment

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on proposed actions the Department intends to take with
respect to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of
HIV prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or
if the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and
counseling services to these individuals. When the contacts
are notified, they shall be informed of the disclosure
provisions of the AIDS Confidentiality Act and the penalties
therein and this Section.
(c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the

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Department.
For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider"
means any physician, dentist, podiatric physician, advanced
practice registered nurse, physician assistant, nurse, or
other person providing health care services of any kind.
(d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject
to the provisions of Part 21 of Article VIII of the Code of
Civil Procedure except under the following circumstances:
(1) When made with the written consent of all persons
to whom this information pertains;
(2) (Blank) When authorized under Section 8 to be
released under court order or subpoena pursuant to Section
12-5.01 or 12-16.2 of the Criminal Code of 1961 or the

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Criminal Code of 2012; or
(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this
Act. Such disclosure shall conform to the requirements of
subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
Section 15. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and

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future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Department of State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's

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license issued by the Secretary of State;
3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school
bus safety, and special traffic laws relating to school
buses and submit to a review of the applicant's driving
habits by the Secretary of State at the time the written
test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a

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material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,

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8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 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, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; and (v) any offense committed or attempted

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in any other state or against the laws of the United
States, which if committed or attempted in this State
would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Section 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused an accident resulting in the death
of any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the

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applicant to the Secretary of State; and
16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have

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been successfully completed including the successful
completion of an Illinois specific criminal background
investigation through the Department of State Police and the
submission of necessary fingerprints to the Federal Bureau of
Investigation for criminal history information available
through the Federal Bureau of Investigation system. The
applicant shall present the certification to the Secretary of
State at the time of submitting the school bus driver permit
application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Department of State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the

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employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who

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fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit
to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer

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eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to

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this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the

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negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections
6-509 and 6-510 of this Code. The Secretary shall cause to
be administered such tests as the Secretary deems
necessary to meet the requirements of 49 C.F.R. Part 383,
subparts F, G, H, and J.
(1.5) Effective July 1, 2014, no person shall be
issued an original CDL or an upgraded CDL that requires a
skills test unless that person has held a CLP, for a
minimum of 14 calendar days, for the classification of
vehicle and endorsement, if any, for which the person is
seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 C.F.R.
383.75 and 49 C.F.R. 384.228 and 384.229, to administer
the skills test or tests specified by the Federal Motor
Carrier Safety Administration pursuant to the Commercial

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Motor Vehicle Safety Act of 1986 and any appropriate
federal rule.
(3)(i) Effective February 7, 2020, unless the person
is exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.
(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,
persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year
of completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. 383.77. The Secretary of State shall
waive the skills tests specified in this Section for a driver
applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 C.F.R. 383.77.
(b-1) No person shall be issued a CDL unless the person

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certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or
vehicle classification not present on the current CDL. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may
be met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.

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The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints
to the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

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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, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,
19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
subsection (b) of Section 8-1, and in subdivisions (a)(1),
(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
of Section 12-3.05, and in subsection (a) and subsection
(b), clause (1), of Section 12-4, and in subsection (A),
clauses (a) and (b), of Section 24-3, and those offenses
contained in Article 29D of the Criminal Code of 1961 or
the Criminal Code of 2012; (ii) those offenses defined in
the Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those
offenses defined in the Illinois Controlled Substances
Act; (iv) those offenses defined in the Methamphetamine
Control and Community Protection Act; (v) any offense
committed or attempted in any other state or against the

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laws of the United States, which if committed or attempted
in this State would be punishable as one or more of the
foregoing offenses; (vi) the offenses defined in Sections
4.1 and 5.1 of the Wrongs to Children Act or Section
11-9.1A of the Criminal Code of 1961 or the Criminal Code
of 2012; (vii) those offenses defined in Section 6-16 of
the Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20.)
Section 20. The Criminal Code of 2012 is amended by
changing Section 11-9.1 as follows:

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(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
knowledge that a child or one whom he or she believes to be a
child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for
the purpose of sexual arousal or gratification of such
person or the child or one whom he or she believes to be a
child.
(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation of Article 11 of this
Code or Section 12-5.01 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand-held
portable electronic device, usually through a web camming

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program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand-held
communication device, or both.
"Webcam" means a video capturing device connected to a
computer or computer network that is designed to take digital
photographs or live or recorded video which allows for the
live transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this
Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex
offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(Source: P.A. 100-863, eff. 8-14-18.)
Section 25. The Unified Code of Corrections is amended by

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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

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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.

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(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

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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.
(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

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(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.

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(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.

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(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.

HB1063 Enrolled - 36 - LRB102 03076 RLC 13089 b
(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.

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(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).

HB1063 Enrolled - 38 - LRB102 03076 RLC 13089 b
(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

HB1063 Enrolled - 39 - LRB102 03076 RLC 13089 b
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

HB1063 Enrolled - 40 - LRB102 03076 RLC 13089 b
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

HB1063 Enrolled - 41 - LRB102 03076 RLC 13089 b
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

HB1063 Enrolled - 42 - LRB102 03076 RLC 13089 b
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

HB1063 Enrolled - 43 - LRB102 03076 RLC 13089 b
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

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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

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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

HB1063 Enrolled - 46 - LRB102 03076 RLC 13089 b
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

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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

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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

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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.)

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(720 ILCS 5/12-5.01 rep.)
Section 30. The Criminal Code of 2012 is amended by
repealing Section 12-5.01.