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