|
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2046 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 | 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 |
|
Amends the Illinois Controlled Substances Act. Provides that the knowing manufacture or delivery of, or possession with intent to
manufacture or deliver, heroin is a Class X felony with respect to 3 grams (rather than 15 grams) or more of heroin. Amends the Unified Code of Corrections. Provides that the offense is non-probationable if the amount of the heroin is 3 (rather than over 5) grams or more.
| |
| | |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB2046 | | LRB097 05041 RLC 45081 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Controlled Substances Act is |
| 5 | | amended by changing Section 401 as follows:
|
| 6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
| 7 | | Sec. 401. Except as authorized by this Act, it is unlawful |
| 8 | | for any
person knowingly to manufacture or deliver, or possess |
| 9 | | with intent to
manufacture or deliver, a controlled substance |
| 10 | | other than methamphetamine, a counterfeit substance, or a |
| 11 | | controlled
substance analog. A violation of this Act with |
| 12 | | respect to each of the controlled
substances listed herein |
| 13 | | constitutes a single and separate violation of this
Act. For |
| 14 | | purposes of this Section, "controlled substance analog" or |
| 15 | | "analog"
means a substance
which is intended for human |
| 16 | | consumption, other than a controlled substance,
that has a |
| 17 | | chemical structure substantially similar to that of a |
| 18 | | controlled
substance in Schedule I or II, or that was |
| 19 | | specifically designed to produce
an effect substantially |
| 20 | | similar to that of a controlled substance in Schedule
I or II. |
| 21 | | Examples of chemical classes in which controlled substance |
| 22 | | analogs
are found include, but are not limited to, the |
| 23 | | following: phenethylamines,
N-substituted piperidines, |
|
| | HB2046 | - 2 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
| 2 | | and arylcycloalkylamines. For purposes of this Act, a |
| 3 | | controlled
substance analog shall be treated in the same manner |
| 4 | | as the controlled
substance to which it is substantially |
| 5 | | similar.
|
| 6 | | (a) Any person who violates this Section with respect to |
| 7 | | the following
amounts of controlled or counterfeit substances |
| 8 | | or controlled substance
analogs, notwithstanding any of the |
| 9 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
| 10 | | contrary, is guilty of a Class X felony
and shall be sentenced |
| 11 | | to a term of imprisonment as provided in this subsection
(a) |
| 12 | | and fined as provided in subsection (b):
|
| 13 | | (1) (A) not less than 6 years and not more than 30 |
| 14 | | years with respect
to 3 15 grams or more but less than |
| 15 | | 100 grams of a substance containing
heroin, or an |
| 16 | | analog thereof;
|
| 17 | | (B) not less than 9 years and not more than 40 |
| 18 | | years with respect to 100
grams or more but less than |
| 19 | | 400 grams of a substance containing heroin, or
an |
| 20 | | analog thereof;
|
| 21 | | (C) not less than 12 years and not more than 50 |
| 22 | | years with respect to
400 grams or more but less than |
| 23 | | 900 grams of a substance containing heroin,
or an |
| 24 | | analog thereof;
|
| 25 | | (D) not less than 15 years and not more than 60 |
| 26 | | years with respect to
900 grams or more of any |
|
| | HB2046 | - 3 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | substance containing heroin, or an analog thereof;
|
| 2 | | (1.5) (A) not less than 6 years and not more than 30 |
| 3 | | years with respect to 15 grams or more but less than |
| 4 | | 100 grams of a substance containing fentanyl, or an |
| 5 | | analog thereof;
|
| 6 | | (B) not less than 9 years and not more than 40 |
| 7 | | years with respect to 100 grams or more but less than |
| 8 | | 400 grams of a substance containing fentanyl, or an |
| 9 | | analog thereof; |
| 10 | | (C) not less than 12 years and not more than 50 |
| 11 | | years with respect to 400 grams or more but less than |
| 12 | | 900 grams of a substance containing fentanyl, or an |
| 13 | | analog thereof; |
| 14 | | (D) not less than 15 years and not more than 60 |
| 15 | | years with respect to 900 grams or more of a substance |
| 16 | | containing fentanyl, or an analog thereof;
|
| 17 | | (2) (A) not less than 6 years and not more than 30 |
| 18 | | years with respect
to 15 grams or more but less than |
| 19 | | 100 grams of a substance containing
cocaine, or an |
| 20 | | analog thereof;
|
| 21 | | (B) not less than 9 years and not more than 40 |
| 22 | | years with respect to 100
grams or more but less than |
| 23 | | 400 grams of a substance containing cocaine, or
an |
| 24 | | analog thereof;
|
| 25 | | (C) not less than 12 years and not more than 50 |
| 26 | | years with respect to
400 grams or more but less than |
|
| | HB2046 | - 4 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | 900 grams of a substance containing cocaine,
or an |
| 2 | | analog thereof;
|
| 3 | | (D) not less than 15 years and not more than 60 |
| 4 | | years with respect to
900 grams or more of any |
| 5 | | substance containing cocaine, or an analog thereof;
|
| 6 | | (3) (A) not less than 6 years and not more than 30 |
| 7 | | years with respect
to 15 grams or more but less than |
| 8 | | 100 grams of a substance containing
morphine, or an |
| 9 | | analog thereof;
|
| 10 | | (B) not less than 9 years and not more than 40 |
| 11 | | years with respect to
100 grams or more but less than |
| 12 | | 400 grams of a substance containing morphine,
or an |
| 13 | | analog thereof;
|
| 14 | | (C) not less than 12 years and not more than 50 |
| 15 | | years with respect to
400 grams or more but less than |
| 16 | | 900 grams of a substance containing
morphine, or an |
| 17 | | analog thereof;
|
| 18 | | (D) not less than 15 years and not more than 60 |
| 19 | | years with respect to
900 grams or more of a substance |
| 20 | | containing morphine, or an analog thereof;
|
| 21 | | (4) 200 grams or more of any substance containing |
| 22 | | peyote, or an
analog thereof;
|
| 23 | | (5) 200 grams or more of any substance containing a |
| 24 | | derivative of
barbituric acid or any of the salts of a |
| 25 | | derivative of barbituric acid, or
an analog thereof;
|
| 26 | | (6) 200 grams or more of any substance containing |
|
| | HB2046 | - 5 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | amphetamine
or any salt of an optical isomer of |
| 2 | | amphetamine,
or an analog thereof;
|
| 3 | | (6.5) (blank);
|
| 4 | | (6.6) (blank);
|
| 5 | | (7) (A) not less than 6 years and not more than 30 |
| 6 | | years with respect
to: (i) 15 grams or more but less |
| 7 | | than 100 grams of a substance containing
lysergic acid |
| 8 | | diethylamide (LSD), or an analog thereof, or (ii) 15 or
|
| 9 | | more objects or 15 or more segregated parts of an |
| 10 | | object or objects but
less than 200 objects or 200 |
| 11 | | segregated parts of an object or objects
containing in |
| 12 | | them or having upon them any amounts of any substance
|
| 13 | | containing lysergic acid diethylamide (LSD), or an |
| 14 | | analog thereof;
|
| 15 | | (B) not less than 9 years and not more than 40 |
| 16 | | years with respect
to: (i) 100 grams or more but less |
| 17 | | than 400 grams of a substance containing
lysergic acid |
| 18 | | diethylamide (LSD), or an analog thereof, or (ii) 200 |
| 19 | | or more
objects or 200 or more segregated parts of an |
| 20 | | object or objects but less
than 600 objects or less |
| 21 | | than 600 segregated parts of an object or objects
|
| 22 | | containing in them or having upon them any amount of |
| 23 | | any substance
containing lysergic acid diethylamide |
| 24 | | (LSD), or an analog thereof;
|
| 25 | | (C) not less than 12 years and not more than 50 |
| 26 | | years with respect
to: (i) 400 grams or more but less |
|
| | HB2046 | - 6 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | than 900 grams of a substance containing
lysergic acid |
| 2 | | diethylamide (LSD), or an analog thereof, or (ii) 600 |
| 3 | | or more
objects or 600 or more segregated parts of an |
| 4 | | object or objects but less
than 1500 objects or 1500 |
| 5 | | segregated parts of an object or objects
containing in |
| 6 | | them or having upon them any amount of any substance
|
| 7 | | containing lysergic acid diethylamide (LSD), or an |
| 8 | | analog thereof;
|
| 9 | | (D) not less than 15 years and not more than 60 |
| 10 | | years with respect
to: (i) 900 grams or more of any |
| 11 | | substance containing lysergic acid
diethylamide (LSD), |
| 12 | | or an analog thereof, or (ii) 1500 or more objects or
|
| 13 | | 1500 or more segregated parts of an object or objects |
| 14 | | containing in them or
having upon them any amount of a |
| 15 | | substance containing lysergic acid
diethylamide (LSD), |
| 16 | | or an analog thereof;
|
| 17 | | (7.5) (A) not less than 6 years and not more than 30 |
| 18 | | years with respect
to:
(i) 15
grams or more but less |
| 19 | | than 100 grams of a substance listed in paragraph (1),
|
| 20 | | (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
| 21 | | (21), (25), or (26) of subsection
(d) of Section 204, |
| 22 | | or an analog or derivative thereof, or (ii) 15 or more
|
| 23 | | pills, tablets, caplets, capsules, or objects but less |
| 24 | | than 200 pills, tablets,
caplets, capsules, or objects |
| 25 | | containing in them or having upon them any
amounts of |
| 26 | | any substance listed in paragraph (1), (2), (2.1), |
|
| | HB2046 | - 7 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or |
| 2 | | (26) of subsection (d) of Section 204, or
an analog or |
| 3 | | derivative thereof;
|
| 4 | | (B) not less than 9 years and not more than 40 |
| 5 | | years with respect to:
(i) 100 grams or more but less |
| 6 | | than 400 grams of a substance listed in
paragraph (1), |
| 7 | | (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), |
| 8 | | (21), (25), or (26) of subsection (d) of Section 204, |
| 9 | | or an analog or
derivative thereof, or (ii) 200 or more |
| 10 | | pills, tablets, caplets, capsules, or
objects but less |
| 11 | | than 600 pills, tablets, caplets, capsules, or objects
|
| 12 | | containing in them or having upon them any amount of |
| 13 | | any substance listed in
paragraph (1), (2), (2.1), |
| 14 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
| 15 | | (26)
of subsection (d) of Section 204, or an analog or |
| 16 | | derivative thereof;
|
| 17 | | (C) not less than 12 years and not more than 50 |
| 18 | | years with respect to:
(i) 400 grams or more but less |
| 19 | | than 900 grams of a substance listed in
paragraph (1), |
| 20 | | (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
| 21 | | (21), (25), or (26)
of subsection (d) of Section 204, |
| 22 | | or an analog or derivative thereof,
or (ii) 600 or more |
| 23 | | pills, tablets, caplets, capsules, or objects but less |
| 24 | | than
1,500 pills, tablets, caplets, capsules, or |
| 25 | | objects
containing in them or having upon them any |
| 26 | | amount of any substance listed in
paragraph (1), (2), |
|
| | HB2046 | - 8 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), |
| 2 | | (25), or (26)
of subsection (d) of Section 204, or an |
| 3 | | analog or derivative thereof;
|
| 4 | | (D) not less than 15 years and not more than 60 |
| 5 | | years with respect to:
(i) 900 grams or more of any |
| 6 | | substance listed in paragraph (1), (2), (2.1),
(2.2), |
| 7 | | (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of |
| 8 | | subsection (d) of
Section 204, or an analog or |
| 9 | | derivative thereof, or (ii) 1,500 or more pills,
|
| 10 | | tablets, caplets, capsules, or objects containing in |
| 11 | | them or having upon them
any amount
of a substance |
| 12 | | listed in paragraph (1), (2), (2.1), (2.2), (3), |
| 13 | | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
| 14 | | subsection (d) of Section 204, or an analog or |
| 15 | | derivative thereof;
|
| 16 | | (8) 30 grams or more of any substance containing |
| 17 | | pentazocine or any of
the salts, isomers and salts of |
| 18 | | isomers of pentazocine, or an analog thereof;
|
| 19 | | (9) 30 grams or more of any substance containing |
| 20 | | methaqualone or any of
the salts, isomers and salts of |
| 21 | | isomers of methaqualone, or an analog thereof;
|
| 22 | | (10) 30 grams or more of any substance containing |
| 23 | | phencyclidine or any
of the salts, isomers and salts of |
| 24 | | isomers of phencyclidine (PCP),
or an analog thereof;
|
| 25 | | (10.5) 30 grams or more of any substance containing |
| 26 | | ketamine
or any of the salts, isomers and salts of isomers |
|
| | HB2046 | - 9 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | of ketamine,
or an analog thereof;
|
| 2 | | (11) 200 grams or more of any substance containing any |
| 3 | | other controlled
substance classified in Schedules I or II, |
| 4 | | or an analog thereof, which is
not otherwise included in |
| 5 | | this subsection.
|
| 6 | | (b) Any person sentenced with respect to violations of |
| 7 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
| 8 | | involving
100 grams or
more of the
controlled substance named |
| 9 | | therein, may in addition to the penalties
provided therein, be |
| 10 | | fined an amount not more than $500,000 or the full
street value |
| 11 | | of the controlled or counterfeit substance or controlled |
| 12 | | substance
analog, whichever is greater. The term "street value" |
| 13 | | shall have the
meaning ascribed in Section 110-5 of the Code of |
| 14 | | Criminal Procedure of
1963. Any person sentenced with respect |
| 15 | | to any other provision of
subsection (a), may in addition to |
| 16 | | the penalties provided therein, be fined
an amount not to |
| 17 | | exceed $500,000. |
| 18 | | (b-1) Excluding violations of this Act when the controlled |
| 19 | | substance is fentanyl, any person sentenced to a term of |
| 20 | | imprisonment with respect to violations of Section 401, 401.1, |
| 21 | | 405, 405.1, 405.2, or 407, when the substance containing the |
| 22 | | controlled substance contains any amount of fentanyl, 3 years |
| 23 | | shall be added to the term of imprisonment imposed by the |
| 24 | | court, and the maximum sentence for the offense shall be |
| 25 | | increased by 3 years.
|
| 26 | | (c) Any person who violates this Section with regard to the
|
|
| | HB2046 | - 10 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | following amounts of controlled or counterfeit substances
or |
| 2 | | controlled substance analogs, notwithstanding any of the |
| 3 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
| 4 | | to the
contrary, is guilty of a Class 1 felony. The fine for |
| 5 | | violation of this
subsection (c) shall not be more than |
| 6 | | $250,000:
|
| 7 | | (1) 1 gram or more but less than 3 15 grams of any
|
| 8 | | substance containing heroin, or an analog thereof;
|
| 9 | | (1.5) 1 gram or more but less than 15 grams of any |
| 10 | | substance containing fentanyl, or an analog thereof;
|
| 11 | | (2) 1 gram or more but less than 15
grams of any |
| 12 | | substance containing cocaine, or an analog thereof;
|
| 13 | | (3) 10 grams or more but less than 15 grams of any |
| 14 | | substance
containing morphine, or an analog thereof;
|
| 15 | | (4) 50 grams or more but less than 200 grams of any |
| 16 | | substance
containing peyote, or an analog thereof;
|
| 17 | | (5) 50 grams or more but less than 200 grams of any |
| 18 | | substance
containing a derivative of barbituric acid or any |
| 19 | | of the salts of a
derivative of barbituric acid, or an |
| 20 | | analog thereof;
|
| 21 | | (6) 50 grams or more but less than 200 grams of any |
| 22 | | substance
containing amphetamine or any salt of an optical |
| 23 | | isomer
of amphetamine, or an analog thereof;
|
| 24 | | (6.5) (blank);
|
| 25 | | (7) (i) 5 grams or more but less than 15 grams of any |
| 26 | | substance
containing lysergic acid diethylamide (LSD), or |
|
| | HB2046 | - 11 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | an analog thereof,
or (ii)
more than 10 objects or more |
| 2 | | than 10 segregated parts of an object or objects
but less |
| 3 | | than 15 objects or less than 15 segregated parts of an |
| 4 | | object
containing in them or having upon them any amount of |
| 5 | | any substance
containing lysergic acid diethylamide (LSD), |
| 6 | | or an analog thereof;
|
| 7 | | (7.5) (i) 5 grams or more but less than 15 grams of any |
| 8 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
| 9 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
| 10 | | subsection (d) of Section 204, or an analog or derivative |
| 11 | | thereof, or
(ii) more than 10 pills, tablets, caplets, |
| 12 | | capsules, or objects but less than
15 pills, tablets, |
| 13 | | caplets, capsules, or objects containing in them or having
|
| 14 | | upon them any amount of any substance listed in paragraph |
| 15 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
| 16 | | (21), (25), or (26) of subsection (d) of
Section 204, or an |
| 17 | | analog or derivative thereof;
|
| 18 | | (8) 10 grams or more but less than 30 grams of any |
| 19 | | substance
containing pentazocine or any of the salts, |
| 20 | | isomers and salts of isomers of
pentazocine, or an analog |
| 21 | | thereof;
|
| 22 | | (9) 10 grams or more but less than 30 grams of any |
| 23 | | substance
containing methaqualone or any of the salts, |
| 24 | | isomers and salts of isomers
of methaqualone, or an analog |
| 25 | | thereof;
|
| 26 | | (10) 10 grams or more but less than 30 grams of any |
|
| | HB2046 | - 12 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | substance
containing phencyclidine or any of the salts, |
| 2 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
| 3 | | analog thereof;
|
| 4 | | (10.5) 10 grams or more but less than 30 grams of any |
| 5 | | substance
containing ketamine or any of the salts, isomers |
| 6 | | and salts of
isomers of ketamine, or an analog thereof;
|
| 7 | | (11) 50 grams or more but less than 200 grams of any |
| 8 | | substance
containing a substance classified in Schedules I |
| 9 | | or II, or an analog
thereof, which is not otherwise |
| 10 | | included in this subsection.
|
| 11 | | (c-5) (Blank).
|
| 12 | | (d) Any person who violates this Section with regard to any |
| 13 | | other
amount of a controlled or counterfeit substance |
| 14 | | classified in
Schedules I or II, or an analog thereof, which is |
| 15 | | (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or |
| 16 | | an analog thereof,
(iii) any
substance containing amphetamine |
| 17 | | or fentanyl or any salt or optical
isomer of amphetamine or |
| 18 | | fentanyl, or an analog thereof, or (iv) any
substance |
| 19 | | containing N-Benzylpiperazine (BZP) or any salt or optical
|
| 20 | | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is |
| 21 | | guilty
of a Class 2 felony. The fine for violation of this |
| 22 | | subsection (d) shall
not be more than $200,000.
|
| 23 | | (d-5) (Blank).
|
| 24 | | (e) Any person who violates this Section with regard to any |
| 25 | | other
amount of a controlled substance other than |
| 26 | | methamphetamine or counterfeit substance classified in
|
|
| | HB2046 | - 13 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | Schedule I or II, or an analog thereof, which substance is not
|
| 2 | | included under subsection (d) of this Section, is
guilty of a |
| 3 | | Class 3 felony. The fine for violation of this subsection (e)
|
| 4 | | shall not be more than $150,000.
|
| 5 | | (f) Any person who violates this Section with regard to any |
| 6 | | other
amount of a controlled or counterfeit substance |
| 7 | | classified in
Schedule III is guilty of a Class 3 felony. The |
| 8 | | fine for violation of
this subsection (f) shall not be more |
| 9 | | than $125,000.
|
| 10 | | (g) Any person who violates this Section with regard to any |
| 11 | | other
amount of a controlled or counterfeit substance |
| 12 | | classified
in Schedule IV is guilty of a Class 3 felony. The |
| 13 | | fine for violation of
this subsection (g) shall not be more |
| 14 | | than $100,000.
|
| 15 | | (h) Any person who violates this Section with regard to any |
| 16 | | other
amount of a controlled or counterfeit substance |
| 17 | | classified in
Schedule V is guilty of a Class 3 felony. The |
| 18 | | fine for violation of this
subsection (h) shall not be more |
| 19 | | than $75,000.
|
| 20 | | (i) This Section does not apply to the manufacture, |
| 21 | | possession or
distribution of a substance in conformance with |
| 22 | | the provisions of an approved
new drug application or an |
| 23 | | exemption for investigational use within the
meaning of Section |
| 24 | | 505 of the Federal Food, Drug and Cosmetic Act.
|
| 25 | | (j) (Blank).
|
| 26 | | (Source: P.A. 95-259, eff. 8-17-07; 96-347, eff. 1-1-10.)
|
|
| | HB2046 | - 14 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | Section 10. The Unified Code of Corrections is amended by |
| 2 | | changing Section 5-5-3 as follows:
|
| 3 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| 4 | | Sec. 5-5-3. Disposition.
|
| 5 | | (a) (Blank).
|
| 6 | | (b) (Blank).
|
| 7 | | (c) (1) (Blank).
|
| 8 | | (2) A period of probation, a term of periodic |
| 9 | | imprisonment or
conditional discharge shall not be imposed |
| 10 | | for the following offenses.
The court shall sentence the |
| 11 | | offender to not less than the minimum term
of imprisonment |
| 12 | | set forth in this Code for the following offenses, and
may |
| 13 | | order a fine or restitution or both in conjunction with |
| 14 | | such term of
imprisonment:
|
| 15 | | (A) First degree murder where the death penalty is |
| 16 | | not imposed.
|
| 17 | | (B) Attempted first degree murder.
|
| 18 | | (C) A Class X felony.
|
| 19 | | (D) A violation of Section 401.1 or 407 of the
|
| 20 | | Illinois Controlled Substances Act, or a violation of |
| 21 | | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 |
| 22 | | of that Act which relates to more than 5 grams of a |
| 23 | | substance
containing heroin, cocaine, fentanyl, or an |
| 24 | | analog thereof.
|
|
| | HB2046 | - 15 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (D-5) A violation of subdivision (c)(1) of
Section |
| 2 | | 401 of the Illinois Controlled Substances Act which |
| 3 | | relates to 3 or more grams of a substance
containing |
| 4 | | heroin or an analog thereof.
|
| 5 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
| 6 | | Control
Act.
|
| 7 | | (F) A Class 2 or greater felony if the offender had |
| 8 | | been convicted
of a Class 2 or greater felony, |
| 9 | | including any state or federal conviction for an |
| 10 | | offense that contained, at the time it was committed, |
| 11 | | the same elements as an offense now (the date of the |
| 12 | | offense committed after the prior Class 2 or greater |
| 13 | | felony) classified as a Class 2 or greater felony, |
| 14 | | within 10 years of the date on which the
offender
|
| 15 | | committed the offense for which he or she is being |
| 16 | | sentenced, except as
otherwise provided in Section |
| 17 | | 40-10 of the Alcoholism and Other Drug Abuse and
|
| 18 | | Dependency Act.
|
| 19 | | (F-5) A violation of Section 24-1, 24-1.1, or |
| 20 | | 24-1.6 of the Criminal Code of 1961 for which |
| 21 | | imprisonment is prescribed in those Sections.
|
| 22 | | (G) Residential burglary, except as otherwise |
| 23 | | provided in Section 40-10
of the Alcoholism and Other |
| 24 | | Drug Abuse and Dependency Act.
|
| 25 | | (H) Criminal sexual assault.
|
| 26 | | (I) Aggravated battery of a senior citizen.
|
|
| | HB2046 | - 16 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (J) A forcible felony if the offense was related to |
| 2 | | the activities of an
organized gang.
|
| 3 | | Before July 1, 1994, for the purposes of this |
| 4 | | paragraph, "organized
gang" means an association of 5 |
| 5 | | or more persons, with an established hierarchy,
that |
| 6 | | encourages members of the association to perpetrate |
| 7 | | crimes or provides
support to the members of the |
| 8 | | association who do commit crimes.
|
| 9 | | Beginning July 1, 1994, for the purposes of this |
| 10 | | paragraph,
"organized gang" has the meaning ascribed |
| 11 | | to it in Section 10 of the Illinois
Streetgang |
| 12 | | Terrorism Omnibus Prevention Act.
|
| 13 | | (K) Vehicular hijacking.
|
| 14 | | (L) A second or subsequent conviction for the |
| 15 | | offense of hate crime
when the underlying offense upon |
| 16 | | which the hate crime is based is felony
aggravated
|
| 17 | | assault or felony mob action.
|
| 18 | | (M) A second or subsequent conviction for the |
| 19 | | offense of institutional
vandalism if the damage to the |
| 20 | | property exceeds $300.
|
| 21 | | (N) A Class 3 felony violation of paragraph (1) of |
| 22 | | subsection (a) of
Section 2 of the Firearm Owners |
| 23 | | Identification Card Act.
|
| 24 | | (O) A violation of Section 12-6.1 of the Criminal |
| 25 | | Code of 1961.
|
| 26 | | (P) A violation of paragraph (1), (2), (3), (4), |
|
| | HB2046 | - 17 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
| 2 | | Criminal Code of 1961.
|
| 3 | | (Q) A violation of Section 20-1.2 or 20-1.3 of the |
| 4 | | Criminal Code of
1961.
|
| 5 | | (R) A violation of Section 24-3A of the Criminal |
| 6 | | Code of
1961.
|
| 7 | | (S) (Blank).
|
| 8 | | (T) A second or subsequent violation of the |
| 9 | | Methamphetamine Control and Community Protection Act.
|
| 10 | | (U) A second or subsequent violation of Section |
| 11 | | 6-303 of the Illinois Vehicle Code committed while his |
| 12 | | or her driver's license, permit, or privilege was |
| 13 | | revoked because of a violation of Section 9-3 of the |
| 14 | | Criminal Code of 1961, relating to the offense of |
| 15 | | reckless homicide, or a similar provision of a law of |
| 16 | | another state.
|
| 17 | | (V)
A violation of paragraph (4) of subsection (c) |
| 18 | | of Section 11-20.3 of the Criminal Code of 1961. |
| 19 | | (W) A violation of Section 24-3.5 of the Criminal |
| 20 | | Code of 1961.
|
| 21 | | (X) A violation of subsection (a) of Section 31-1a |
| 22 | | of the Criminal Code of 1961. |
| 23 | | (Y) A conviction for unlawful possession of a |
| 24 | | firearm by a street gang member when the firearm was |
| 25 | | loaded or contained firearm ammunition. |
| 26 | | (Z) A Class 1 felony committed while he or she was |
|
| | HB2046 | - 18 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | serving a term of probation or conditional discharge |
| 2 | | for a felony. |
| 3 | | (AA) Theft of property exceeding $500,000 and not |
| 4 | | exceeding $1,000,000 in value. |
| 5 | | (BB) Laundering of criminally derived property of |
| 6 | | a value exceeding
$500,000. |
| 7 | | (CC) Knowingly selling, offering for sale, holding |
| 8 | | for sale, or using 2,000 or more counterfeit items or |
| 9 | | counterfeit items having a retail value in the |
| 10 | | aggregate of $500,000 or more.
|
| 11 | | (3) (Blank).
|
| 12 | | (4) A minimum term of imprisonment of not less than 10
|
| 13 | | consecutive days or 30 days of community service shall be |
| 14 | | imposed for a
violation of paragraph (c) of Section 6-303 |
| 15 | | of the Illinois Vehicle Code.
|
| 16 | | (4.1) (Blank).
|
| 17 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) |
| 18 | | of this subsection (c), a
minimum of
100 hours of community |
| 19 | | service shall be imposed for a second violation of
Section |
| 20 | | 6-303
of the Illinois Vehicle Code.
|
| 21 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 22 | | hours of community
service, as determined by the court, |
| 23 | | shall
be imposed for a second violation of subsection (c) |
| 24 | | of Section 6-303 of the
Illinois Vehicle Code.
|
| 25 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), |
| 26 | | and (4.9) of this
subsection (c), a
minimum term of |
|
| | HB2046 | - 19 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | imprisonment of 30 days or 300 hours of community service, |
| 2 | | as
determined by the court, shall
be imposed
for a third or |
| 3 | | subsequent violation of Section 6-303 of the Illinois |
| 4 | | Vehicle
Code.
|
| 5 | | (4.5) A minimum term of imprisonment of 30 days
shall |
| 6 | | be imposed for a third violation of subsection (c) of
|
| 7 | | Section 6-303 of the Illinois Vehicle Code.
|
| 8 | | (4.6) Except as provided in paragraph (4.10) of this |
| 9 | | subsection (c), a minimum term of imprisonment of 180 days |
| 10 | | shall be imposed for a
fourth or subsequent violation of |
| 11 | | subsection (c) of Section 6-303 of the
Illinois Vehicle |
| 12 | | Code.
|
| 13 | | (4.7) A minimum term of imprisonment of not less than |
| 14 | | 30 consecutive days, or 300 hours of community service, |
| 15 | | shall be imposed for a violation of subsection (a-5) of |
| 16 | | Section 6-303 of the Illinois Vehicle Code, as provided in |
| 17 | | subsection (b-5) of that Section.
|
| 18 | | (4.8) A mandatory prison sentence shall be imposed for |
| 19 | | a second violation of subsection (a-5) of Section 6-303 of |
| 20 | | the Illinois Vehicle Code, as provided in subsection (c-5) |
| 21 | | of that Section. The person's driving privileges shall be |
| 22 | | revoked for a period of not less than 5 years from the date |
| 23 | | of his or her release from prison.
|
| 24 | | (4.9) A mandatory prison sentence of not less than 4 |
| 25 | | and not more than 15 years shall be imposed for a third |
| 26 | | violation of subsection (a-5) of Section 6-303 of the |
|
| | HB2046 | - 20 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of |
| 2 | | that Section. The person's driving privileges shall be |
| 3 | | revoked for the remainder of his or her life.
|
| 4 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 5 | | shall be imposed, and the person shall be eligible for an |
| 6 | | extended term sentence, for a fourth or subsequent |
| 7 | | violation of subsection (a-5) of Section 6-303 of the |
| 8 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of |
| 9 | | that Section. The person's driving privileges shall be |
| 10 | | revoked for the remainder of his or her life.
|
| 11 | | (5) The court may sentence a corporation or |
| 12 | | unincorporated
association convicted of any offense to:
|
| 13 | | (A) a period of conditional discharge;
|
| 14 | | (B) a fine;
|
| 15 | | (C) make restitution to the victim under Section |
| 16 | | 5-5-6 of this Code.
|
| 17 | | (5.1) In addition to any other penalties imposed, and |
| 18 | | except as provided in paragraph (5.2) or (5.3), a person
|
| 19 | | convicted of violating subsection (c) of Section 11-907 of |
| 20 | | the Illinois
Vehicle Code shall have his or her driver's |
| 21 | | license, permit, or privileges
suspended for at least 90 |
| 22 | | days but not more than one year, if the violation
resulted |
| 23 | | in damage to the property of another person.
|
| 24 | | (5.2) In addition to any other penalties imposed, and |
| 25 | | except as provided in paragraph (5.3), a person convicted
|
| 26 | | of violating subsection (c) of Section 11-907 of the |
|
| | HB2046 | - 21 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | Illinois Vehicle Code
shall have his or her driver's |
| 2 | | license, permit, or privileges suspended for at
least 180 |
| 3 | | days but not more than 2 years, if the violation resulted |
| 4 | | in injury
to
another person.
|
| 5 | | (5.3) In addition to any other penalties imposed, a |
| 6 | | person convicted of violating subsection (c) of Section
|
| 7 | | 11-907 of the Illinois Vehicle Code shall have his or her |
| 8 | | driver's license,
permit, or privileges suspended for 2 |
| 9 | | years, if the violation resulted in the
death of another |
| 10 | | person.
|
| 11 | | (5.4) In addition to any other penalties imposed, a |
| 12 | | person convicted of violating Section 3-707 of the Illinois |
| 13 | | Vehicle Code shall have his or her driver's license, |
| 14 | | permit, or privileges suspended for 3 months and until he |
| 15 | | or she has paid a reinstatement fee of $100. |
| 16 | | (5.5) In addition to any other penalties imposed, a |
| 17 | | person convicted of violating Section 3-707 of the Illinois |
| 18 | | Vehicle Code during a period in which his or her driver's |
| 19 | | license, permit, or privileges were suspended for a |
| 20 | | previous violation of that Section shall have his or her |
| 21 | | driver's license, permit, or privileges suspended for an |
| 22 | | additional 6 months after the expiration of the original |
| 23 | | 3-month suspension and until he or she has paid a |
| 24 | | reinstatement fee of $100.
|
| 25 | | (6) (Blank).
|
| 26 | | (7) (Blank).
|
|
| | HB2046 | - 22 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (8) (Blank).
|
| 2 | | (9) A defendant convicted of a second or subsequent |
| 3 | | offense of ritualized
abuse of a child may be sentenced to |
| 4 | | a term of natural life imprisonment.
|
| 5 | | (10) (Blank).
|
| 6 | | (11) The court shall impose a minimum fine of $1,000 |
| 7 | | for a first offense
and $2,000 for a second or subsequent |
| 8 | | offense upon a person convicted of or
placed on supervision |
| 9 | | for battery when the individual harmed was a sports
|
| 10 | | official or coach at any level of competition and the act |
| 11 | | causing harm to the
sports
official or coach occurred |
| 12 | | within an athletic facility or within the immediate |
| 13 | | vicinity
of the athletic facility at which the sports |
| 14 | | official or coach was an active
participant
of the athletic |
| 15 | | contest held at the athletic facility. For the purposes of
|
| 16 | | this paragraph (11), "sports official" means a person at an |
| 17 | | athletic contest
who enforces the rules of the contest, |
| 18 | | such as an umpire or referee; "athletic facility" means an |
| 19 | | indoor or outdoor playing field or recreational area where |
| 20 | | sports activities are conducted;
and "coach" means a person |
| 21 | | recognized as a coach by the sanctioning
authority that |
| 22 | | conducted the sporting event. |
| 23 | | (12) A person may not receive a disposition of court |
| 24 | | supervision for a
violation of Section 5-16 of the Boat |
| 25 | | Registration and Safety Act if that
person has previously |
| 26 | | received a disposition of court supervision for a
violation |
|
| | HB2046 | - 23 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | of that Section.
|
| 2 | | (13) A person convicted of or placed on court |
| 3 | | supervision for an assault or aggravated assault when the |
| 4 | | victim and the offender are family or household members as |
| 5 | | defined in Section 103 of the Illinois Domestic Violence |
| 6 | | Act of 1986 or convicted of domestic battery or aggravated |
| 7 | | domestic battery may be required to attend a Partner Abuse |
| 8 | | Intervention Program under protocols set forth by the |
| 9 | | Illinois Department of Human Services under such terms and |
| 10 | | conditions imposed by the court. The costs of such classes |
| 11 | | shall be paid by the offender.
|
| 12 | | (d) In any case in which a sentence originally imposed is |
| 13 | | vacated,
the case shall be remanded to the trial court. The |
| 14 | | trial court shall
hold a hearing under Section 5-4-1 of the |
| 15 | | Unified Code of Corrections
which may include evidence of the |
| 16 | | defendant's life, moral character and
occupation during the |
| 17 | | time since the original sentence was passed. The
trial court |
| 18 | | shall then impose sentence upon the defendant. The trial
court |
| 19 | | may impose any sentence which could have been imposed at the
|
| 20 | | original trial subject to Section 5-5-4 of the Unified Code of |
| 21 | | Corrections.
If a sentence is vacated on appeal or on |
| 22 | | collateral attack due to the
failure of the trier of fact at |
| 23 | | trial to determine beyond a reasonable doubt
the
existence of a |
| 24 | | fact (other than a prior conviction) necessary to increase the
|
| 25 | | punishment for the offense beyond the statutory maximum |
| 26 | | otherwise applicable,
either the defendant may be re-sentenced |
|
| | HB2046 | - 24 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | to a term within the range otherwise
provided or, if the State |
| 2 | | files notice of its intention to again seek the
extended |
| 3 | | sentence, the defendant shall be afforded a new trial.
|
| 4 | | (e) In cases where prosecution for
aggravated criminal |
| 5 | | sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
| 6 | | results in conviction of a defendant
who was a family member of |
| 7 | | the victim at the time of the commission of the
offense, the |
| 8 | | court shall consider the safety and welfare of the victim and
|
| 9 | | may impose a sentence of probation only where:
|
| 10 | | (1) the court finds (A) or (B) or both are appropriate:
|
| 11 | | (A) the defendant is willing to undergo a court |
| 12 | | approved counseling
program for a minimum duration of 2 |
| 13 | | years; or
|
| 14 | | (B) the defendant is willing to participate in a |
| 15 | | court approved plan
including but not limited to the |
| 16 | | defendant's:
|
| 17 | | (i) removal from the household;
|
| 18 | | (ii) restricted contact with the victim;
|
| 19 | | (iii) continued financial support of the |
| 20 | | family;
|
| 21 | | (iv) restitution for harm done to the victim; |
| 22 | | and
|
| 23 | | (v) compliance with any other measures that |
| 24 | | the court may
deem appropriate; and
|
| 25 | | (2) the court orders the defendant to pay for the |
| 26 | | victim's counseling
services, to the extent that the court |
|
| | HB2046 | - 25 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | finds, after considering the
defendant's income and |
| 2 | | assets, that the defendant is financially capable of
paying |
| 3 | | for such services, if the victim was under 18 years of age |
| 4 | | at the
time the offense was committed and requires |
| 5 | | counseling as a result of the
offense.
|
| 6 | | Probation may be revoked or modified pursuant to Section |
| 7 | | 5-6-4; except
where the court determines at the hearing that |
| 8 | | the defendant violated a
condition of his or her probation |
| 9 | | restricting contact with the victim or
other family members or |
| 10 | | commits another offense with the victim or other
family |
| 11 | | members, the court shall revoke the defendant's probation and
|
| 12 | | impose a term of imprisonment.
|
| 13 | | For the purposes of this Section, "family member" and |
| 14 | | "victim" shall have
the meanings ascribed to them in Section |
| 15 | | 12-12 of the Criminal Code of
1961.
|
| 16 | | (f) (Blank).
|
| 17 | | (g) Whenever a defendant is convicted of an offense under |
| 18 | | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
| 19 | | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
| 20 | | of the Criminal Code of 1961,
the defendant shall undergo |
| 21 | | medical testing to
determine whether the defendant has any |
| 22 | | sexually transmissible disease,
including a test for infection |
| 23 | | with human immunodeficiency virus (HIV) or
any other identified |
| 24 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 25 | | Any such medical test shall be performed only by appropriately
|
| 26 | | licensed medical practitioners and may include an analysis of |
|
| | HB2046 | - 26 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | any bodily
fluids as well as an examination of the defendant's |
| 2 | | person.
Except as otherwise provided by law, the results of |
| 3 | | such test shall be kept
strictly confidential by all medical |
| 4 | | personnel involved in the testing and must
be personally |
| 5 | | delivered in a sealed envelope to the judge of the court in |
| 6 | | which
the conviction was entered for the judge's inspection in |
| 7 | | camera. Acting in
accordance with the best interests of the |
| 8 | | victim and the public, the judge
shall have the discretion to |
| 9 | | determine to whom, if anyone, the results of the
testing may be |
| 10 | | revealed. The court shall notify the defendant
of the test |
| 11 | | results. The court shall
also notify the victim if requested by |
| 12 | | the victim, and if the victim is under
the age of 15 and if |
| 13 | | requested by the victim's parents or legal guardian, the
court |
| 14 | | shall notify the victim's parents or legal guardian of the test
|
| 15 | | results.
The court shall provide information on the |
| 16 | | availability of HIV testing
and counseling at Department of |
| 17 | | Public Health facilities to all parties to
whom the results of |
| 18 | | the testing are revealed and shall direct the State's
Attorney |
| 19 | | to provide the information to the victim when possible.
A |
| 20 | | State's Attorney may petition the court to obtain the results |
| 21 | | of any HIV test
administered under this Section, and the court |
| 22 | | shall grant the disclosure if
the State's Attorney shows it is |
| 23 | | relevant in order to prosecute a charge of
criminal |
| 24 | | transmission of HIV under Section 12-16.2 of the Criminal Code |
| 25 | | of 1961
against the defendant. The court shall order that the |
| 26 | | cost of any such test
shall be paid by the county and may be |
|
| | HB2046 | - 27 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | taxed as costs against the convicted
defendant.
|
| 2 | | (g-5) When an inmate is tested for an airborne communicable |
| 3 | | disease, as
determined by the Illinois Department of Public |
| 4 | | Health including but not
limited to tuberculosis, the results |
| 5 | | of the test shall be
personally delivered by the warden or his |
| 6 | | or her designee in a sealed envelope
to the judge of the court |
| 7 | | in which the inmate must appear for the judge's
inspection in |
| 8 | | camera if requested by the judge. Acting in accordance with the
|
| 9 | | best interests of those in the courtroom, the judge shall have |
| 10 | | the discretion
to determine what if any precautions need to be |
| 11 | | taken to prevent transmission
of the disease in the courtroom.
|
| 12 | | (h) Whenever a defendant is convicted of an offense under |
| 13 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| 14 | | defendant shall undergo
medical testing to determine whether |
| 15 | | the defendant has been exposed to human
immunodeficiency virus |
| 16 | | (HIV) or any other identified causative agent of
acquired |
| 17 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 18 | | by
law, the results of such test shall be kept strictly |
| 19 | | confidential by all
medical personnel involved in the testing |
| 20 | | and must be personally delivered in a
sealed envelope to the |
| 21 | | judge of the court in which the conviction was entered
for the |
| 22 | | judge's inspection in camera. Acting in accordance with the |
| 23 | | best
interests of the public, the judge shall have the |
| 24 | | discretion to determine to
whom, if anyone, the results of the |
| 25 | | testing may be revealed. The court shall
notify the defendant |
| 26 | | of a positive test showing an infection with the human
|
|
| | HB2046 | - 28 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | immunodeficiency virus (HIV). The court shall provide |
| 2 | | information on the
availability of HIV testing and counseling |
| 3 | | at Department of Public Health
facilities to all parties to |
| 4 | | whom the results of the testing are revealed and
shall direct |
| 5 | | the State's Attorney to provide the information to the victim |
| 6 | | when
possible. A State's Attorney may petition the court to |
| 7 | | obtain the results of
any HIV test administered under this |
| 8 | | Section, and the court shall grant the
disclosure if the |
| 9 | | State's Attorney shows it is relevant in order to prosecute a
|
| 10 | | charge of criminal transmission of HIV under Section 12-16.2 of |
| 11 | | the Criminal
Code of 1961 against the defendant. The court |
| 12 | | shall order that the cost of any
such test shall be paid by the |
| 13 | | county and may be taxed as costs against the
convicted |
| 14 | | defendant.
|
| 15 | | (i) All fines and penalties imposed under this Section for |
| 16 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
| 17 | | Vehicle Code, or a similar
provision of a local ordinance, and |
| 18 | | any violation
of the Child Passenger Protection Act, or a |
| 19 | | similar provision of a local
ordinance, shall be collected and |
| 20 | | disbursed by the circuit
clerk as provided under Section 27.5 |
| 21 | | of the Clerks of Courts Act.
|
| 22 | | (j) In cases when prosecution for any violation of Section |
| 23 | | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
| 24 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 25 | | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
| 26 | | Code of 1961, any violation of the Illinois Controlled |
|
| | HB2046 | - 29 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 2 | | any violation of the Methamphetamine Control and Community |
| 3 | | Protection Act results in conviction, a
disposition of court |
| 4 | | supervision, or an order of probation granted under
Section 10 |
| 5 | | of the Cannabis Control Act, Section 410 of the Illinois
|
| 6 | | Controlled Substance Act, or Section 70 of the Methamphetamine |
| 7 | | Control and Community Protection Act of a defendant, the court |
| 8 | | shall determine whether the
defendant is employed by a facility |
| 9 | | or center as defined under the Child Care
Act of 1969, a public |
| 10 | | or private elementary or secondary school, or otherwise
works |
| 11 | | with children under 18 years of age on a daily basis. When a |
| 12 | | defendant
is so employed, the court shall order the Clerk of |
| 13 | | the Court to send a copy of
the judgment of conviction or order |
| 14 | | of supervision or probation to the
defendant's employer by |
| 15 | | certified mail.
If the employer of the defendant is a school, |
| 16 | | the Clerk of the Court shall
direct the mailing of a copy of |
| 17 | | the judgment of conviction or order of
supervision or probation |
| 18 | | to the appropriate regional superintendent of schools.
The |
| 19 | | regional superintendent of schools shall notify the State Board |
| 20 | | of
Education of any notification under this subsection.
|
| 21 | | (j-5) A defendant at least 17 years of age who is convicted |
| 22 | | of a felony and
who has not been previously convicted of a |
| 23 | | misdemeanor or felony and who is
sentenced to a term of |
| 24 | | imprisonment in the Illinois Department of Corrections
shall as |
| 25 | | a condition of his or her sentence be required by the court to |
| 26 | | attend
educational courses designed to prepare the defendant |
|
| | HB2046 | - 30 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | for a high school diploma
and to work toward a high school |
| 2 | | diploma or to work toward passing the high
school level Test of |
| 3 | | General Educational Development (GED) or to work toward
|
| 4 | | completing a vocational training program offered by the |
| 5 | | Department of
Corrections. If a defendant fails to complete the |
| 6 | | educational training
required by his or her sentence during the |
| 7 | | term of incarceration, the Prisoner
Review Board shall, as a |
| 8 | | condition of mandatory supervised release, require the
|
| 9 | | defendant, at his or her own expense, to pursue a course of |
| 10 | | study toward a high
school diploma or passage of the GED test. |
| 11 | | The Prisoner Review Board shall
revoke the mandatory supervised |
| 12 | | release of a defendant who wilfully fails to
comply with this |
| 13 | | subsection (j-5) upon his or her release from confinement in a
|
| 14 | | penal institution while serving a mandatory supervised release |
| 15 | | term; however,
the inability of the defendant after making a |
| 16 | | good faith effort to obtain
financial aid or pay for the |
| 17 | | educational training shall not be deemed a wilful
failure to |
| 18 | | comply. The Prisoner Review Board shall recommit the defendant
|
| 19 | | whose mandatory supervised release term has been revoked under |
| 20 | | this subsection
(j-5) as provided in Section 3-3-9. This |
| 21 | | subsection (j-5) does not apply to a
defendant who has a high |
| 22 | | school diploma or has successfully passed the GED
test. This |
| 23 | | subsection (j-5) does not apply to a defendant who is |
| 24 | | determined by
the court to be developmentally disabled or |
| 25 | | otherwise mentally incapable of
completing the educational or |
| 26 | | vocational program.
|
|
| | HB2046 | - 31 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (k) (Blank).
|
| 2 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 3 | | (l), whenever a defendant,
who is an alien as defined by |
| 4 | | the Immigration and Nationality Act, is convicted
of any |
| 5 | | felony or misdemeanor offense, the court after sentencing |
| 6 | | the defendant
may, upon motion of the State's Attorney, |
| 7 | | hold sentence in abeyance and remand
the defendant to the |
| 8 | | custody of the Attorney General of
the United States or his |
| 9 | | or her designated agent to be deported when:
|
| 10 | | (1) a final order of deportation has been issued |
| 11 | | against the defendant
pursuant to proceedings under |
| 12 | | the Immigration and Nationality Act, and
|
| 13 | | (2) the deportation of the defendant would not |
| 14 | | deprecate the seriousness
of the defendant's conduct |
| 15 | | and would not be inconsistent with the ends of
justice.
|
| 16 | | Otherwise, the defendant shall be sentenced as |
| 17 | | provided in this Chapter V.
|
| 18 | | (B) If the defendant has already been sentenced for a |
| 19 | | felony or
misdemeanor
offense, or has been placed on |
| 20 | | probation under Section 10 of the Cannabis
Control Act,
|
| 21 | | Section 410 of the Illinois Controlled Substances Act, or |
| 22 | | Section 70 of the Methamphetamine Control and Community |
| 23 | | Protection Act, the court
may, upon motion of the State's |
| 24 | | Attorney to suspend the
sentence imposed, commit the |
| 25 | | defendant to the custody of the Attorney General
of the |
| 26 | | United States or his or her designated agent when:
|
|
| | HB2046 | - 32 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | (1) a final order of deportation has been issued |
| 2 | | against the defendant
pursuant to proceedings under |
| 3 | | the Immigration and Nationality Act, and
|
| 4 | | (2) the deportation of the defendant would not |
| 5 | | deprecate the seriousness
of the defendant's conduct |
| 6 | | and would not be inconsistent with the ends of
justice.
|
| 7 | | (C) This subsection (l) does not apply to offenders who |
| 8 | | are subject to the
provisions of paragraph (2) of |
| 9 | | subsection (a) of Section 3-6-3.
|
| 10 | | (D) Upon motion of the State's Attorney, if a defendant |
| 11 | | sentenced under
this Section returns to the jurisdiction of |
| 12 | | the United States, the defendant
shall be recommitted to |
| 13 | | the custody of the county from which he or she was
|
| 14 | | sentenced.
Thereafter, the defendant shall be brought |
| 15 | | before the sentencing court, which
may impose any sentence |
| 16 | | that was available under Section 5-5-3 at the time of
|
| 17 | | initial sentencing. In addition, the defendant shall not be |
| 18 | | eligible for
additional good conduct credit for |
| 19 | | meritorious service as provided under
Section 3-6-6.
|
| 20 | | (m) A person convicted of criminal defacement of property |
| 21 | | under Section
21-1.3 of the Criminal Code of 1961, in which the |
| 22 | | property damage exceeds $300
and the property damaged is a |
| 23 | | school building, shall be ordered to perform
community service |
| 24 | | that may include cleanup, removal, or painting over the
|
| 25 | | defacement.
|
| 26 | | (n) The court may sentence a person convicted of a |
|
| | HB2046 | - 33 - | LRB097 05041 RLC 45081 b |
|
|
|
| 1 | | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
| 2 | | Code of 1961 (i) to an impact
incarceration program if the |
| 3 | | person is otherwise eligible for that program
under Section |
| 4 | | 5-8-1.1, (ii) to community service, or (iii) if the person is |
| 5 | | an
addict or alcoholic, as defined in the Alcoholism and Other |
| 6 | | Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
| 7 | | program licensed under that
Act. |
| 8 | | (o) Whenever a person is convicted of a sex offense as |
| 9 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 10 | | defendant's driver's license or permit shall be subject to |
| 11 | | renewal on an annual basis in accordance with the provisions of |
| 12 | | license renewal established by the Secretary of State.
|
| 13 | | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; |
| 14 | | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; |
| 15 | | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. |
| 16 | | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, |
| 17 | | eff. 12-3-09; 96-1200, eff. 7-22-10.)
|