Illinois 2023-2024 Regular Session

Illinois House Bill HB1390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1390 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-5-3 Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act. LRB103 05220 RJT 50236 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1390 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-5-3 730 ILCS 5/5-5-3 Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act. LRB103 05220 RJT 50236 b LRB103 05220 RJT 50236 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1390 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-5-3 730 ILCS 5/5-5-3
4	4	730 ILCS 5/5-5-3
5	5	Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act.
6	6	LRB103 05220 RJT 50236 b LRB103 05220 RJT 50236 b
7	7	LRB103 05220 RJT 50236 b
8	8	A BILL FOR
9	9	HB1390LRB103 05220 RJT 50236 b HB1390 LRB103 05220 RJT 50236 b
10	10	HB1390 LRB103 05220 RJT 50236 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-5-3 as follows:
16	16	6 (730 ILCS 5/5-5-3)
17	17	7 Sec. 5-5-3. Disposition.
18	18	8 (a) (Blank).
19	19	9 (b) (Blank).
20	20	10 (c) (1) (Blank).
21	21	11 (2) A period of probation, a term of periodic imprisonment
22	22	12 or conditional discharge shall not be imposed for the
23	23	13 following offenses. The court shall sentence the offender to
24	24	14 not less than the minimum term of imprisonment set forth in
25	25	15 this Code for the following offenses, and may order a fine or
26	26	16 restitution or both in conjunction with such term of
27	27	17 imprisonment:
28	28	18 (A) First degree murder where the death penalty is not
29	29	19 imposed.
30	30	20 (B) Attempted first degree murder.
31	31	21 (C) A Class X felony.
32	32	22 (D) A violation of Section 401.1 or 407 of the
33	33	23 Illinois Controlled Substances Act, or a violation of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1390 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-5-3 730 ILCS 5/5-5-3
39	39	730 ILCS 5/5-5-3
40	40	Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act.
41	41	LRB103 05220 RJT 50236 b LRB103 05220 RJT 50236 b
42	42	LRB103 05220 RJT 50236 b
43	43	A BILL FOR
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68	68	1 subdivision (c)(1.5) of Section 401 of that Act which
69	69	2 relates to more than 5 grams of a substance containing
70	70	3 fentanyl or an analog thereof.
71	71	4 (D-5) A violation of subdivision (c)(1) of Section 401
72	72	5 of the Illinois Controlled Substances Act which relates to
73	73	6 3 or more grams of a substance containing heroin or an
74	74	7 analog thereof.
75	75	8 (E) (Blank).
76	76	9 (F) A Class 1 or greater felony if the offender had
77	77	10 been convicted of a Class 1 or greater felony, including
78	78	11 any state or federal conviction for an offense that
79	79	12 contained, at the time it was committed, the same elements
80	80	13 as an offense now (the date of the offense committed after
81	81	14 the prior Class 1 or greater felony) classified as a Class
82	82	15 1 or greater felony, within 10 years of the date on which
83	83	16 the offender committed the offense for which he or she is
84	84	17 being sentenced, except as otherwise provided in Section
85	85	18 40-10 of the Substance Use Disorder Act.
86	86	19 (F-3) A Class 2 or greater felony sex offense or
87	87	20 felony firearm offense if the offender had been convicted
88	88	21 of a Class 2 or greater felony, including any state or
89	89	22 federal conviction for an offense that contained, at the
90	90	23 time it was committed, the same elements as an offense now
91	91	24 (the date of the offense committed after the prior Class 2
92	92	25 or greater felony) classified as a Class 2 or greater
93	93	26 felony, within 10 years of the date on which the offender
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104	104	1 committed the offense for which he or she is being
105	105	2 sentenced, except as otherwise provided in Section 40-10
106	106	3 of the Substance Use Disorder Act.
107	107	4 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
108	108	5 of the Criminal Code of 1961 or the Criminal Code of 2012
109	109	6 for which imprisonment is prescribed in those Sections.
110	110	7 (G) Residential burglary, except as otherwise provided
111	111	8 in Section 40-10 of the Substance Use Disorder Act.
112	112	9 (H) Criminal sexual assault.
113	113	10 (I) Aggravated battery of a senior citizen as
114	114	11 described in Section 12-4.6 or subdivision (a)(4) of
115	115	12 Section 12-3.05 of the Criminal Code of 1961 or the
116	116	13 Criminal Code of 2012.
117	117	14 (J) A forcible felony if the offense was related to
118	118	15 the activities of an organized gang.
119	119	16 Before July 1, 1994, for the purposes of this
120	120	17 paragraph, "organized gang" means an association of 5 or
121	121	18 more persons, with an established hierarchy, that
122	122	19 encourages members of the association to perpetrate crimes
123	123	20 or provides support to the members of the association who
124	124	21 do commit crimes.
125	125	22 Beginning July 1, 1994, for the purposes of this
126	126	23 paragraph, "organized gang" has the meaning ascribed to it
127	127	24 in Section 10 of the Illinois Streetgang Terrorism Omnibus
128	128	25 Prevention Act.
129	129	26 (K) Vehicular hijacking.
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140	140	1 (L) A second or subsequent conviction for the offense
141	141	2 of hate crime when the underlying offense upon which the
142	142	3 hate crime is based is felony aggravated assault or felony
143	143	4 mob action.
144	144	5 (M) A second or subsequent conviction for the offense
145	145	6 of institutional vandalism if the damage to the property
146	146	7 exceeds $300.
147	147	8 (N) A Class 3 felony violation of paragraph (1) of
148	148	9 subsection (a) of Section 2 of the Firearm Owners
149	149	10 Identification Card Act.
150	150	11 (O) A violation of Section 12-6.1 or 12-6.5 of the
151	151	12 Criminal Code of 1961 or the Criminal Code of 2012.
152	152	13 (P) A violation of paragraph (1), (2), (3), (4), (5),
153	153	14 or (7) of subsection (a) of Section 11-20.1 of the
154	154	15 Criminal Code of 1961 or the Criminal Code of 2012.
155	155	16 (P-5) A violation of paragraph (6) of subsection (a)
156	156	17 of Section 11-20.1 of the Criminal Code of 1961 or the
157	157	18 Criminal Code of 2012 if the victim is a household or
158	158	19 family member of the defendant.
159	159	20 (Q) A violation of subsection (b) or (b-5) of Section
160	160	21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
161	161	22 Code of 1961 or the Criminal Code of 2012.
162	162	23 (R) A violation of Section 24-3A of the Criminal Code
163	163	24 of 1961 or the Criminal Code of 2012.
164	164	25 (S) (Blank).
165	165	26 (T) (Blank).
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176	176	1 (U) A second or subsequent violation of Section 6-303
177	177	2 of the Illinois Vehicle Code committed while his or her
178	178	3 driver's license, permit, or privilege was revoked because
179	179	4 of a violation of Section 9-3 of the Criminal Code of 1961
180	180	5 or the Criminal Code of 2012, relating to the offense of
181	181	6 reckless homicide, or a similar provision of a law of
182	182	7 another state.
183	183	8 (V) A violation of paragraph (4) of subsection (c) of
184	184	9 Section 11-20.1B or paragraph (4) of subsection (c) of
185	185	10 Section 11-20.3 of the Criminal Code of 1961, or paragraph
186	186	11 (6) of subsection (a) of Section 11-20.1 of the Criminal
187	187	12 Code of 2012 when the victim is under 13 years of age and
188	188	13 the defendant has previously been convicted under the laws
189	189	14 of this State or any other state of the offense of child
190	190	15 pornography, aggravated child pornography, aggravated
191	191	16 criminal sexual abuse, aggravated criminal sexual assault,
192	192	17 predatory criminal sexual assault of a child, or any of
193	193	18 the offenses formerly known as rape, deviate sexual
194	194	19 assault, indecent liberties with a child, or aggravated
195	195	20 indecent liberties with a child where the victim was under
196	196	21 the age of 18 years or an offense that is substantially
197	197	22 equivalent to those offenses.
198	198	23 (W) A violation of Section 24-3.5 of the Criminal Code
199	199	24 of 1961 or the Criminal Code of 2012.
200	200	25 (X) A violation of subsection (a) of Section 31-1a of
201	201	26 the Criminal Code of 1961 or the Criminal Code of 2012.
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212	212	1 (Y) A conviction for unlawful possession of a firearm
213	213	2 by a street gang member when the firearm was loaded or
214	214	3 contained firearm ammunition.
215	215	4 (Z) A Class 1 felony committed while he or she was
216	216	5 serving a term of probation or conditional discharge for a
217	217	6 felony.
218	218	7 (AA) Theft of property exceeding $500,000 and not
219	219	8 exceeding $1,000,000 in value.
220	220	9 (BB) Laundering of criminally derived property of a
221	221	10 value exceeding $500,000.
222	222	11 (CC) Knowingly selling, offering for sale, holding for
223	223	12 sale, or using 2,000 or more counterfeit items or
224	224	13 counterfeit items having a retail value in the aggregate
225	225	14 of $500,000 or more.
226	226	15 (DD) A conviction for aggravated assault under
227	227	16 paragraph (6) of subsection (c) of Section 12-2 of the
228	228	17 Criminal Code of 1961 or the Criminal Code of 2012 if the
229	229	18 firearm is aimed toward the person against whom the
230	230	19 firearm is being used.
231	231	20 (EE) A conviction for a violation of paragraph (2) of
232	232	21 subsection (a) of Section 24-3B of the Criminal Code of
233	233	22 2012.
234	234	23 (FF) A felony offense that requires registration under
235	235	24 the Sex Offender Registration Act.
236	236	25 (3) (Blank).
237	237	26 (4) A minimum term of imprisonment of not less than 10
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248	248	1 consecutive days or 30 days of community service shall be
249	249	2 imposed for a violation of paragraph (c) of Section 6-303 of
250	250	3 the Illinois Vehicle Code.
251	251	4 (4.1) (Blank).
252	252	5 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
253	253	6 this subsection (c), a minimum of 100 hours of community
254	254	7 service shall be imposed for a second violation of Section
255	255	8 6-303 of the Illinois Vehicle Code.
256	256	9 (4.3) A minimum term of imprisonment of 30 days or 300
257	257	10 hours of community service, as determined by the court, shall
258	258	11 be imposed for a second violation of subsection (c) of Section
259	259	12 6-303 of the Illinois Vehicle Code.
260	260	13 (4.4) Except as provided in paragraphs (4.5), (4.6), and
261	261	14 (4.9) of this subsection (c), a minimum term of imprisonment
262	262	15 of 30 days or 300 hours of community service, as determined by
263	263	16 the court, shall be imposed for a third or subsequent
264	264	17 violation of Section 6-303 of the Illinois Vehicle Code. The
265	265	18 court may give credit toward the fulfillment of community
266	266	19 service hours for participation in activities and treatment as
267	267	20 determined by court services.
268	268	21 (4.5) A minimum term of imprisonment of 30 days shall be
269	269	22 imposed for a third violation of subsection (c) of Section
270	270	23 6-303 of the Illinois Vehicle Code.
271	271	24 (4.6) Except as provided in paragraph (4.10) of this
272	272	25 subsection (c), a minimum term of imprisonment of 180 days
273	273	26 shall be imposed for a fourth or subsequent violation of
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284	284	1 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
285	285	2 (4.7) A minimum term of imprisonment of not less than 30
286	286	3 consecutive days, or 300 hours of community service, shall be
287	287	4 imposed for a violation of subsection (a-5) of Section 6-303
288	288	5 of the Illinois Vehicle Code, as provided in subsection (b-5)
289	289	6 of that Section.
290	290	7 (4.8) A mandatory prison sentence shall be imposed for a
291	291	8 second violation of subsection (a-5) of Section 6-303 of the
292	292	9 Illinois Vehicle Code, as provided in subsection (c-5) of that
293	293	10 Section. The person's driving privileges shall be revoked for
294	294	11 a period of not less than 5 years from the date of his or her
295	295	12 release from prison.
296	296	13 (4.9) A mandatory prison sentence of not less than 4 and
297	297	14 not more than 15 years shall be imposed for a third violation
298	298	15 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
299	299	16 Code, as provided in subsection (d-2.5) of that Section. The
300	300	17 person's driving privileges shall be revoked for the remainder
301	301	18 of his or her life.
302	302	19 (4.10) A mandatory prison sentence for a Class 1 felony
303	303	20 shall be imposed, and the person shall be eligible for an
304	304	21 extended term sentence, for a fourth or subsequent violation
305	305	22 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
306	306	23 Code, as provided in subsection (d-3.5) of that Section. The
307	307	24 person's driving privileges shall be revoked for the remainder
308	308	25 of his or her life.
309	309	26 (5) The court may sentence a corporation or unincorporated
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320	320	1 association convicted of any offense to:
321	321	2 (A) a period of conditional discharge;
322	322	3 (B) a fine;
323	323	4 (C) make restitution to the victim under Section 5-5-6
324	324	5 of this Code.
325	325	6 (5.1) In addition to any other penalties imposed, and
326	326	7 except as provided in paragraph (5.2) or (5.3), a person
327	327	8 convicted of violating subsection (c) of Section 11-907 of the
328	328	9 Illinois Vehicle Code shall have his or her driver's license,
329	329	10 permit, or privileges suspended for at least 90 days but not
330	330	11 more than one year, if the violation resulted in damage to the
331	331	12 property of another person.
332	332	13 (5.2) In addition to any other penalties imposed, and
333	333	14 except as provided in paragraph (5.3), a person convicted of
334	334	15 violating subsection (c) of Section 11-907 of the Illinois
335	335	16 Vehicle Code shall have his or her driver's license, permit,
336	336	17 or privileges suspended for at least 180 days but not more than
337	337	18 2 years, if the violation resulted in injury to another
338	338	19 person.
339	339	20 (5.3) In addition to any other penalties imposed, a person
340	340	21 convicted of violating subsection (c) of Section 11-907 of the
341	341	22 Illinois Vehicle Code shall have his or her driver's license,
342	342	23 permit, or privileges suspended for 2 years, if the violation
343	343	24 resulted in the death of another person.
344	344	25 (5.4) In addition to any other penalties imposed, a person
345	345	26 convicted of violating Section 3-707 of the Illinois Vehicle
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356	356	1 Code shall have his or her driver's license, permit, or
357	357	2 privileges suspended for 3 months and until he or she has paid
358	358	3 a reinstatement fee of $100.
359	359	4 (5.5) In addition to any other penalties imposed, a person
360	360	5 convicted of violating Section 3-707 of the Illinois Vehicle
361	361	6 Code during a period in which his or her driver's license,
362	362	7 permit, or privileges were suspended for a previous violation
363	363	8 of that Section shall have his or her driver's license,
364	364	9 permit, or privileges suspended for an additional 6 months
365	365	10 after the expiration of the original 3-month suspension and
366	366	11 until he or she has paid a reinstatement fee of $100.
367	367	12 (6) (Blank).
368	368	13 (7) (Blank).
369	369	14 (8) (Blank).
370	370	15 (9) A defendant convicted of a second or subsequent
371	371	16 offense of ritualized abuse of a child may be sentenced to a
372	372	17 term of natural life imprisonment.
373	373	18 (10) (Blank).
374	374	19 (11) The court shall impose a minimum fine of $1,000 for a
375	375	20 first offense and $2,000 for a second or subsequent offense
376	376	21 upon a person convicted of or placed on supervision for
377	377	22 battery when the individual harmed was a sports official or
378	378	23 coach at any level of competition and the act causing harm to
379	379	24 the sports official or coach occurred within an athletic
380	380	25 facility or within the immediate vicinity of the athletic
381	381	26 facility at which the sports official or coach was an active
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392	392	1 participant of the athletic contest held at the athletic
393	393	2 facility. For the purposes of this paragraph (11), "sports
394	394	3 official" means a person at an athletic contest who enforces
395	395	4 the rules of the contest, such as an umpire or referee;
396	396	5 "athletic facility" means an indoor or outdoor playing field
397	397	6 or recreational area where sports activities are conducted;
398	398	7 and "coach" means a person recognized as a coach by the
399	399	8 sanctioning authority that conducted the sporting event.
400	400	9 (12) A person may not receive a disposition of court
401	401	10 supervision for a violation of Section 5-16 of the Boat
402	402	11 Registration and Safety Act if that person has previously
403	403	12 received a disposition of court supervision for a violation of
404	404	13 that Section.
405	405	14 (13) A person convicted of or placed on court supervision
406	406	15 for an assault or aggravated assault when the victim and the
407	407	16 offender are family or household members as defined in Section
408	408	17 103 of the Illinois Domestic Violence Act of 1986 or convicted
409	409	18 of domestic battery or aggravated domestic battery may be
410	410	19 required to attend a Partner Abuse Intervention Program under
411	411	20 protocols set forth by the Illinois Department of Human
412	412	21 Services under such terms and conditions imposed by the court.
413	413	22 The costs of such classes shall be paid by the offender.
414	414	23 (d) In any case in which a sentence originally imposed is
415	415	24 vacated, the case shall be remanded to the trial court. The
416	416	25 trial court shall hold a hearing under Section 5-4-1 of this
417	417	26 Code which may include evidence of the defendant's life, moral
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428	428	1 character and occupation during the time since the original
429	429	2 sentence was passed. The trial court shall then impose
430	430	3 sentence upon the defendant. The trial court may impose any
431	431	4 sentence which could have been imposed at the original trial
432	432	5 subject to Section 5-5-4 of this Code. If a sentence is vacated
433	433	6 on appeal or on collateral attack due to the failure of the
434	434	7 trier of fact at trial to determine beyond a reasonable doubt
435	435	8 the existence of a fact (other than a prior conviction)
436	436	9 necessary to increase the punishment for the offense beyond
437	437	10 the statutory maximum otherwise applicable, either the
438	438	11 defendant may be re-sentenced to a term within the range
439	439	12 otherwise provided or, if the State files notice of its
440	440	13 intention to again seek the extended sentence, the defendant
441	441	14 shall be afforded a new trial.
442	442	15 (e) In cases where prosecution for aggravated criminal
443	443	16 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
444	444	17 Code of 1961 or the Criminal Code of 2012 results in conviction
445	445	18 of a defendant who was a family member of the victim at the
446	446	19 time of the commission of the offense, the court shall
447	447	20 consider the safety and welfare of the victim and may impose a
448	448	21 sentence of probation only where:
449	449	22 (1) the court finds (A) or (B) or both are
450	450	23 appropriate:
451	451	24 (A) the defendant is willing to undergo a court
452	452	25 approved counseling program for a minimum duration of
453	453	26 2 years; or
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464	464	1 (B) the defendant is willing to participate in a
465	465	2 court approved plan, including, but not limited to,
466	466	3 the defendant's:
467	467	4 (i) removal from the household;
468	468	5 (ii) restricted contact with the victim;
469	469	6 (iii) continued financial support of the
470	470	7 family;
471	471	8 (iv) restitution for harm done to the victim;
472	472	9 and
473	473	10 (v) compliance with any other measures that
474	474	11 the court may deem appropriate; and
475	475	12 (2) the court orders the defendant to pay for the
476	476	13 victim's counseling services, to the extent that the court
477	477	14 finds, after considering the defendant's income and
478	478	15 assets, that the defendant is financially capable of
479	479	16 paying for such services, if the victim was under 18 years
480	480	17 of age at the time the offense was committed and requires
481	481	18 counseling as a result of the offense.
482	482	19 Probation may be revoked or modified pursuant to Section
483	483	20 5-6-4; except where the court determines at the hearing that
484	484	21 the defendant violated a condition of his or her probation
485	485	22 restricting contact with the victim or other family members or
486	486	23 commits another offense with the victim or other family
487	487	24 members, the court shall revoke the defendant's probation and
488	488	25 impose a term of imprisonment.
489	489	26 For the purposes of this Section, "family member" and
490	490
491	491
492	492
493	493
494	494
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496	496
497	497
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499	499	HB1390 - 14 - LRB103 05220 RJT 50236 b
500	500	1 "victim" shall have the meanings ascribed to them in Section
501	501	2 11-0.1 of the Criminal Code of 2012.
502	502	3 (f) (Blank).
503	503	4 (g) Whenever a defendant is convicted of an offense under
504	504	5 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
505	505	6 11-14.3, 11-14.4 except for an offense that involves keeping a
506	506	7 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
507	507	8 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
508	508	9 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
509	509	10 Criminal Code of 2012, the defendant shall undergo medical
510	510	11 testing to determine whether the defendant has any sexually
511	511	12 transmissible disease, including a test for infection with
512	512	13 human immunodeficiency virus (HIV) or any other identified
513	513	14 causative agent of acquired immunodeficiency syndrome (AIDS).
514	514	15 Any such medical test shall be performed only by appropriately
515	515	16 licensed medical practitioners and may include an analysis of
516	516	17 any bodily fluids as well as an examination of the defendant's
517	517	18 person. Except as otherwise provided by law, the results of
518	518	19 such test shall be kept strictly confidential by all medical
519	519	20 personnel involved in the testing and must be personally
520	520	21 delivered in a sealed envelope to the judge of the court in
521	521	22 which the conviction was entered for the judge's inspection in
522	522	23 camera. Acting in accordance with the best interests of the
523	523	24 victim and the public, the judge shall have the discretion to
524	524	25 determine to whom, if anyone, the results of the testing may be
525	525	26 revealed. The court shall notify the defendant of the test
526	526
527	527
528	528
529	529
530	530
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532	532
533	533
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535	535	HB1390 - 15 - LRB103 05220 RJT 50236 b
536	536	1 results. The court shall also notify the victim if requested
537	537	2 by the victim, and if the victim is under the age of 15 and if
538	538	3 requested by the victim's parents or legal guardian, the court
539	539	4 shall notify the victim's parents or legal guardian of the
540	540	5 test results. The court shall provide information on the
541	541	6 availability of HIV testing and counseling at Department of
542	542	7 Public Health facilities to all parties to whom the results of
543	543	8 the testing are revealed and shall direct the State's Attorney
544	544	9 to provide the information to the victim when possible. The
545	545	10 court shall order that the cost of any such test shall be paid
546	546	11 by the county and may be taxed as costs against the convicted
547	547	12 defendant.
548	548	13 (g-5) When an inmate is tested for an airborne
549	549	14 communicable disease, as determined by the Illinois Department
550	550	15 of Public Health, including, but not limited to, tuberculosis,
551	551	16 the results of the test shall be personally delivered by the
552	552	17 warden or his or her designee in a sealed envelope to the judge
553	553	18 of the court in which the inmate must appear for the judge's
554	554	19 inspection in camera if requested by the judge. Acting in
555	555	20 accordance with the best interests of those in the courtroom,
556	556	21 the judge shall have the discretion to determine what if any
557	557	22 precautions need to be taken to prevent transmission of the
558	558	23 disease in the courtroom.
559	559	24 (h) Whenever a defendant is convicted of an offense under
560	560	25 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
561	561	26 defendant shall undergo medical testing to determine whether
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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571	571	HB1390 - 16 - LRB103 05220 RJT 50236 b
572	572	1 the defendant has been exposed to human immunodeficiency virus
573	573	2 (HIV) or any other identified causative agent of acquired
574	574	3 immunodeficiency syndrome (AIDS). Except as otherwise provided
575	575	4 by law, the results of such test shall be kept strictly
576	576	5 confidential by all medical personnel involved in the testing
577	577	6 and must be personally delivered in a sealed envelope to the
578	578	7 judge of the court in which the conviction was entered for the
579	579	8 judge's inspection in camera. Acting in accordance with the
580	580	9 best interests of the public, the judge shall have the
581	581	10 discretion to determine to whom, if anyone, the results of the
582	582	11 testing may be revealed. The court shall notify the defendant
583	583	12 of a positive test showing an infection with the human
584	584	13 immunodeficiency virus (HIV). The court shall provide
585	585	14 information on the availability of HIV testing and counseling
586	586	15 at Department of Public Health facilities to all parties to
587	587	16 whom the results of the testing are revealed and shall direct
588	588	17 the State's Attorney to provide the information to the victim
589	589	18 when possible. The court shall order that the cost of any such
590	590	19 test shall be paid by the county and may be taxed as costs
591	591	20 against the convicted defendant.
592	592	21 (i) All fines and penalties imposed under this Section for
593	593	22 any violation of Chapters 3, 4, 6, and 11 of the Illinois
594	594	23 Vehicle Code, or a similar provision of a local ordinance, and
595	595	24 any violation of the Child Passenger Protection Act, or a
596	596	25 similar provision of a local ordinance, shall be collected and
597	597	26 disbursed by the circuit clerk as provided under the Criminal
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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607	607	HB1390 - 17 - LRB103 05220 RJT 50236 b
608	608	1 and Traffic Assessment Act.
609	609	2 (j) In cases when prosecution for any violation of Section
610	610	3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
611	611	4 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
612	612	5 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
613	613	6 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
614	614	7 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
615	615	8 Code of 2012, any violation of the Illinois Controlled
616	616	9 Substances Act, any violation of the Cannabis Control Act, or
617	617	10 any violation of the Methamphetamine Control and Community
618	618	11 Protection Act results in conviction, a disposition of court
619	619	12 supervision, or an order of probation granted under Section 10
620	620	13 of the Cannabis Control Act, Section 410 of the Illinois
621	621	14 Controlled Substances Act, or Section 70 of the
622	622	15 Methamphetamine Control and Community Protection Act of a
623	623	16 defendant, the court shall determine whether the defendant is
624	624	17 employed by a facility or center as defined under the Child
625	625	18 Care Act of 1969, a public or private elementary or secondary
626	626	19 school, or otherwise works with children under 18 years of age
627	627	20 on a daily basis. When a defendant is so employed, the court
628	628	21 shall order the Clerk of the Court to send a copy of the
629	629	22 judgment of conviction or order of supervision or probation to
630	630	23 the defendant's employer by certified mail. If the employer of
631	631	24 the defendant is a school, the Clerk of the Court shall direct
632	632	25 the mailing of a copy of the judgment of conviction or order of
633	633	26 supervision or probation to the appropriate regional
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB1390 - 18 - LRB103 05220 RJT 50236 b
644	644	1 superintendent of schools. The regional superintendent of
645	645	2 schools shall notify the State Board of Education of any
646	646	3 notification under this subsection.
647	647	4 (j-5) A defendant at least 17 years of age who is convicted
648	648	5 of a felony and who has not been previously convicted of a
649	649	6 misdemeanor or felony and who is sentenced to a term of
650	650	7 imprisonment in the Illinois Department of Corrections shall
651	651	8 as a condition of his or her sentence be required by the court
652	652	9 to attend educational courses designed to prepare the
653	653	10 defendant for a high school diploma and to work toward a high
654	654	11 school diploma or to work toward passing high school
655	655	12 equivalency testing or to work toward completing a vocational
656	656	13 training program offered by the Department of Corrections. If
657	657	14 a defendant fails to complete the educational training
658	658	15 required by his or her sentence during the term of
659	659	16 incarceration, the Prisoner Review Board shall, as a condition
660	660	17 of mandatory supervised release, require the defendant, at his
661	661	18 or her own expense, to pursue a course of study toward a high
662	662	19 school diploma or passage of high school equivalency testing.
663	663	20 The Prisoner Review Board shall revoke the mandatory
664	664	21 supervised release of a defendant who wilfully fails to comply
665	665	22 with this subsection (j-5) upon his or her release from
666	666	23 confinement in a penal institution while serving a mandatory
667	667	24 supervised release term; however, the inability of the
668	668	25 defendant after making a good faith effort to obtain financial
669	669	26 aid or pay for the educational training shall not be deemed a
670	670
671	671
672	672
673	673
674	674
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676	676
677	677
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679	679	HB1390 - 19 - LRB103 05220 RJT 50236 b
680	680	1 wilful failure to comply. The Prisoner Review Board shall
681	681	2 recommit the defendant whose mandatory supervised release term
682	682	3 has been revoked under this subsection (j-5) as provided in
683	683	4 Section 3-3-9. This subsection (j-5) does not apply to a
684	684	5 defendant who has a high school diploma or has successfully
685	685	6 passed high school equivalency testing. This subsection (j-5)
686	686	7 does not apply to a defendant who is determined by the court to
687	687	8 be a person with a developmental disability or otherwise
688	688	9 mentally incapable of completing the educational or vocational
689	689	10 program.
690	690	11 (k) (Blank).
691	691	12 (l) (A) Except as provided in paragraph (C) of subsection
692	692	13 (l), whenever a defendant, who is not a citizen or national of
693	693	14 the United States, is convicted of any felony or misdemeanor
694	694	15 offense, the court after sentencing the defendant may, upon
695	695	16 motion of the State's Attorney, hold sentence in abeyance and
696	696	17 remand the defendant to the custody of the Attorney General of
697	697	18 the United States or his or her designated agent to be deported
698	698	19 when:
699	699	20 (1) a final order of deportation has been issued
700	700	21 against the defendant pursuant to proceedings under the
701	701	22 Immigration and Nationality Act, and
702	702	23 (2) the deportation of the defendant would not
703	703	24 deprecate the seriousness of the defendant's conduct and
704	704	25 would not be inconsistent with the ends of justice.
705	705	26 Otherwise, the defendant shall be sentenced as provided in
706	706
707	707
708	708
709	709
710	710
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712	712
713	713
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716	716	1 this Chapter V.
717	717	2 (B) If the defendant has already been sentenced for a
718	718	3 felony or misdemeanor offense, or has been placed on probation
719	719	4 under Section 10 of the Cannabis Control Act, Section 410 of
720	720	5 the Illinois Controlled Substances Act, or Section 70 of the
721	721	6 Methamphetamine Control and Community Protection Act, the
722	722	7 court may, upon motion of the State's Attorney to suspend the
723	723	8 sentence imposed, commit the defendant to the custody of the
724	724	9 Attorney General of the United States or his or her designated
725	725	10 agent when:
726	726	11 (1) a final order of deportation has been issued
727	727	12 against the defendant pursuant to proceedings under the
728	728	13 Immigration and Nationality Act, and
729	729	14 (2) the deportation of the defendant would not
730	730	15 deprecate the seriousness of the defendant's conduct and
731	731	16 would not be inconsistent with the ends of justice.
732	732	17 (C) This subsection (l) does not apply to offenders who
733	733	18 are subject to the provisions of paragraph (2) of subsection
734	734	19 (a) of Section 3-6-3.
735	735	20 (D) Upon motion of the State's Attorney, if a defendant
736	736	21 sentenced under this Section returns to the jurisdiction of
737	737	22 the United States, the defendant shall be recommitted to the
738	738	23 custody of the county from which he or she was sentenced.
739	739	24 Thereafter, the defendant shall be brought before the
740	740	25 sentencing court, which may impose any sentence that was
741	741	26 available under Section 5-5-3 at the time of initial
742	742
743	743
744	744
745	745
746	746
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748	748
749	749
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752	752	1 sentencing. In addition, the defendant shall not be eligible
753	753	2 for additional earned sentence credit as provided under
754	754	3 Section 3-6-3.
755	755	4 (m) A person convicted of criminal defacement of property
756	756	5 under Section 21-1.3 of the Criminal Code of 1961 or the
757	757	6 Criminal Code of 2012, in which the property damage exceeds
758	758	7 $300 and the property damaged is a school building, shall be
759	759	8 ordered to perform community service that may include cleanup,
760	760	9 removal, or painting over the defacement.
761	761	10 (n) The court may sentence a person convicted of a
762	762	11 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
763	763	12 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
764	764	13 of 1961 or the Criminal Code of 2012 (i) to an impact
765	765	14 incarceration program if the person is otherwise eligible for
766	766	15 that program under Section 5-8-1.1, (ii) to community service,
767	767	16 or (iii) if the person has a substance use disorder, as defined
768	768	17 in the Substance Use Disorder Act, to a treatment program
769	769	18 licensed under that Act.
770	770	19 (o) Whenever a person is convicted of a sex offense as
771	771	20 defined in Section 2 of the Sex Offender Registration Act, the
772	772	21 defendant's driver's license or permit shall be subject to
773	773	22 renewal on an annual basis in accordance with the provisions
774	774	23 of license renewal established by the Secretary of State.
775	775	24 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
776	776	25 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
777	777	26 5-27-22.)
778	778
779	779
780	780
781	781
782	782
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