104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-5-3 Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act. LRB104 03324 RLC 13346 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 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. LRB104 03324 RLC 13346 b LRB104 03324 RLC 13346 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3 730 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.
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A BILL FOR
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HB0074 LRB104 03324 RLC 13346 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 Unified Code of Corrections is amended by
5 changing Section 5-5-3 as follows:
6 (730 ILCS 5/5-5-3)
7 (Text of Section before amendment by P.A. 103-825)
8 Sec. 5-5-3. Disposition.
9 (a) (Blank).
10 (b) (Blank).
11 (c)(1) (Blank).
12 (2) A period of probation, a term of periodic imprisonment
13 or conditional discharge shall not be imposed for the
14 following offenses. The court shall sentence the offender to
15 not less than the minimum term of imprisonment set forth in
16 this Code for the following offenses, and may order a fine or
17 restitution or both in conjunction with such term of
18 imprisonment:
19 (A) First degree murder.
20 (B) Attempted first degree murder.
21 (C) A Class X felony.
22 (D) A violation of Section 401.1 or 407 of the
23 Illinois Controlled Substances Act, or a violation of
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3 730 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.
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A BILL FOR
730 ILCS 5/5-5-3
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1 subdivision (c)(1.5) of Section 401 of that Act which
2 relates to more than 5 grams of a substance containing
3 fentanyl or an analog thereof.
4 (D-5) A violation of subdivision (c)(1) of Section 401
5 of the Illinois Controlled Substances Act which relates to
6 3 or more grams of a substance containing heroin or an
7 analog thereof.
8 (E) (Blank).
9 (F) A Class 1 or greater felony if the offender had
10 been convicted of a Class 1 or greater felony, including
11 any state or federal conviction for an offense that
12 contained, at the time it was committed, the same elements
13 as an offense now (the date of the offense committed after
14 the prior Class 1 or greater felony) classified as a Class
15 1 or greater felony, within 10 years of the date on which
16 the offender committed the offense for which he or she is
17 being sentenced, except as otherwise provided in Section
18 40-10 of the Substance Use Disorder Act.
19 (F-3) A Class 2 or greater felony sex offense or
20 felony firearm offense if the offender had been convicted
21 of a Class 2 or greater felony, including any state or
22 federal conviction for an offense that contained, at the
23 time it was committed, the same elements as an offense now
24 (the date of the offense committed after the prior Class 2
25 or greater felony) classified as a Class 2 or greater
26 felony, within 10 years of the date on which the offender
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1 committed the offense for which he or she is being
2 sentenced, except as otherwise provided in Section 40-10
3 of the Substance Use Disorder Act.
4 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
5 of the Criminal Code of 1961 or the Criminal Code of 2012
6 for which imprisonment is prescribed in those Sections.
7 (G) Residential burglary, except as otherwise provided
8 in Section 40-10 of the Substance Use Disorder Act.
9 (H) Criminal sexual assault.
10 (I) Aggravated battery of a senior citizen as
11 described in Section 12-4.6 or subdivision (a)(4) of
12 Section 12-3.05 of the Criminal Code of 1961 or the
13 Criminal Code of 2012.
14 (J) A forcible felony if the offense was related to
15 the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of 5 or
18 more persons, with an established hierarchy, that
19 encourages members of the association to perpetrate crimes
20 or provides support to the members of the association who
21 do commit crimes.
22 Beginning July 1, 1994, for the purposes of this
23 paragraph, "organized gang" has the meaning ascribed to it
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus
25 Prevention Act.
26 (K) Vehicular hijacking.
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1 (L) A second or subsequent conviction for the offense
2 of hate crime when the underlying offense upon which the
3 hate crime is based is felony aggravated assault or felony
4 mob action.
5 (M) A second or subsequent conviction for the offense
6 of institutional vandalism if the damage to the property
7 exceeds $300.
8 (N) A Class 3 felony violation of paragraph (1) of
9 subsection (a) of Section 2 of the Firearm Owners
10 Identification Card Act.
11 (O) A violation of Section 12-6.1 or 12-6.5 of the
12 Criminal Code of 1961 or the Criminal Code of 2012.
13 (P) A violation of paragraph (1), (2), (3), (4), (5),
14 or (7) of subsection (a) of Section 11-20.1 of the
15 Criminal Code of 1961 or the Criminal Code of 2012.
16 (P-5) A violation of paragraph (6) of subsection (a)
17 of Section 11-20.1 of the Criminal Code of 1961 or the
18 Criminal Code of 2012 if the victim is a household or
19 family member of the defendant.
20 (Q) A violation of subsection (b) or (b-5) of Section
21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
22 Code of 1961 or the Criminal Code of 2012.
23 (R) A violation of Section 24-3A of the Criminal Code
24 of 1961 or the Criminal Code of 2012.
25 (S) (Blank).
26 (T) (Blank).
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1 (U) A second or subsequent violation of Section 6-303
2 of the Illinois Vehicle Code committed while his or her
3 driver's license, permit, or privilege was revoked because
4 of a violation of Section 9-3 of the Criminal Code of 1961
5 or the Criminal Code of 2012, relating to the offense of
6 reckless homicide, or a similar provision of a law of
7 another state.
8 (V) A violation of paragraph (4) of subsection (c) of
9 Section 11-20.1B or paragraph (4) of subsection (c) of
10 Section 11-20.3 of the Criminal Code of 1961, or paragraph
11 (6) of subsection (a) of Section 11-20.1 of the Criminal
12 Code of 2012 when the victim is under 13 years of age and
13 the defendant has previously been convicted under the laws
14 of this State or any other state of the offense of child
15 pornography, aggravated child pornography, aggravated
16 criminal sexual abuse, aggravated criminal sexual assault,
17 predatory criminal sexual assault of a child, or any of
18 the offenses formerly known as rape, deviate sexual
19 assault, indecent liberties with a child, or aggravated
20 indecent liberties with a child where the victim was under
21 the age of 18 years or an offense that is substantially
22 equivalent to those offenses.
23 (W) A violation of Section 24-3.5 of the Criminal Code
24 of 1961 or the Criminal Code of 2012.
25 (X) A violation of subsection (a) of Section 31-1a of
26 the Criminal Code of 1961 or the Criminal Code of 2012.
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1 (Y) A conviction for unlawful possession of a firearm
2 by a street gang member when the firearm was loaded or
3 contained firearm ammunition.
4 (Z) A Class 1 felony committed while he or she was
5 serving a term of probation or conditional discharge for a
6 felony.
7 (AA) Theft of property exceeding $500,000 and not
8 exceeding $1,000,000 in value.
9 (BB) Laundering of criminally derived property of a
10 value exceeding $500,000.
11 (CC) Knowingly selling, offering for sale, holding for
12 sale, or using 2,000 or more counterfeit items or
13 counterfeit items having a retail value in the aggregate
14 of $500,000 or more.
15 (DD) A conviction for aggravated assault under
16 paragraph (6) of subsection (c) of Section 12-2 of the
17 Criminal Code of 1961 or the Criminal Code of 2012 if the
18 firearm is aimed toward the person against whom the
19 firearm is being used.
20 (EE) A conviction for a violation of paragraph (2) of
21 subsection (a) of Section 24-3B of the Criminal Code of
22 2012.
23 (3) (Blank).
24 (4) A minimum term of imprisonment of not less than 10
25 consecutive days or 30 days of community service shall be
26 imposed for a violation of paragraph (c) of Section 6-303 of
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1 the Illinois Vehicle Code.
2 (4.1) (Blank).
3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4 this subsection (c), a minimum of 100 hours of community
5 service shall be imposed for a second violation of Section
6 6-303 of the Illinois Vehicle Code.
7 (4.3) A minimum term of imprisonment of 30 days or 300
8 hours of community service, as determined by the court, shall
9 be imposed for a second violation of subsection (c) of Section
10 6-303 of the Illinois Vehicle Code.
11 (4.4) Except as provided in paragraphs (4.5), (4.6), and
12 (4.9) of this subsection (c), a minimum term of imprisonment
13 of 30 days or 300 hours of community service, as determined by
14 the court, shall be imposed for a third or subsequent
15 violation of Section 6-303 of the Illinois Vehicle Code. The
16 court may give credit toward the fulfillment of community
17 service hours for participation in activities and treatment as
18 determined by court services.
19 (4.5) A minimum term of imprisonment of 30 days shall be
20 imposed for a third violation of subsection (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.6) Except as provided in paragraph (4.10) of this
23 subsection (c), a minimum term of imprisonment of 180 days
24 shall be imposed for a fourth or subsequent violation of
25 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26 (4.7) A minimum term of imprisonment of not less than 30
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1 consecutive days, or 300 hours of community service, shall be
2 imposed for a violation of subsection (a-5) of Section 6-303
3 of the Illinois Vehicle Code, as provided in subsection (b-5)
4 of that Section.
5 (4.8) A mandatory prison sentence shall be imposed for a
6 second violation of subsection (a-5) of Section 6-303 of the
7 Illinois Vehicle Code, as provided in subsection (c-5) of that
8 Section. The person's driving privileges shall be revoked for
9 a period of not less than 5 years from the date of his or her
10 release from prison.
11 (4.9) A mandatory prison sentence of not less than 4 and
12 not more than 15 years shall be imposed for a third violation
13 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
14 Code, as provided in subsection (d-2.5) of that Section. The
15 person's driving privileges shall be revoked for the remainder
16 of his or her life.
17 (4.10) A mandatory prison sentence for a Class 1 felony
18 shall be imposed, and the person shall be eligible for an
19 extended term sentence, for a fourth or subsequent violation
20 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
21 Code, as provided in subsection (d-3.5) of that Section. The
22 person's driving privileges shall be revoked for the remainder
23 of his or her life.
24 (5) The court may sentence a corporation or unincorporated
25 association convicted of any offense to:
26 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under Section 5-5-6
3 of this Code.
4 (5.1) In addition to any other penalties imposed, and
5 except as provided in paragraph (5.2) or (5.3), a person
6 convicted of violating subsection (c) of Section 11-907 of the
7 Illinois Vehicle Code shall have his or her driver's license,
8 permit, or privileges suspended for at least 90 days but not
9 more than one year, if the violation resulted in damage to the
10 property of another person.
11 (5.2) In addition to any other penalties imposed, and
12 except as provided in paragraph (5.3), a person convicted of
13 violating subsection (c) of Section 11-907 of the Illinois
14 Vehicle Code shall have his or her driver's license, permit,
15 or privileges suspended for at least 180 days but not more than
16 2 years, if the violation resulted in injury to another
17 person.
18 (5.3) In addition to any other penalties imposed, a person
19 convicted of violating subsection (c) of Section 11-907 of the
20 Illinois Vehicle Code shall have his or her driver's license,
21 permit, or privileges suspended for 2 years, if the violation
22 resulted in the death of another person.
23 (5.4) In addition to any other penalties imposed, a person
24 convicted of violating Section 3-707 of the Illinois Vehicle
25 Code shall have his or her driver's license, permit, or
26 privileges suspended for 3 months and until he or she has paid
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1 a reinstatement fee of $100.
2 (5.5) In addition to any other penalties imposed, a person
3 convicted of violating Section 3-707 of the Illinois Vehicle
4 Code during a period in which his or her driver's license,
5 permit, or privileges were suspended for a previous violation
6 of that Section shall have his or her driver's license,
7 permit, or privileges suspended for an additional 6 months
8 after the expiration of the original 3-month suspension and
9 until he or she has paid a reinstatement fee of $100.
10 (6) (Blank).
11 (7) (Blank).
12 (8) (Blank).
13 (9) A defendant convicted of a second or subsequent
14 offense of ritualized abuse of a child may be sentenced to a
15 term of natural life imprisonment.
16 (10) (Blank).
17 (11) The court shall impose a minimum fine of $1,000 for a
18 first offense and $2,000 for a second or subsequent offense
19 upon a person convicted of or placed on supervision for
20 battery when the individual harmed was a sports official or
21 coach at any level of competition and the act causing harm to
22 the sports official or coach occurred within an athletic
23 facility or within the immediate vicinity of the athletic
24 facility at which the sports official or coach was an active
25 participant of the athletic contest held at the athletic
26 facility. For the purposes of this paragraph (11), "sports
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1 official" means a person at an athletic contest who enforces
2 the rules of the contest, such as an umpire or referee;
3 "athletic facility" means an indoor or outdoor playing field
4 or recreational area where sports activities are conducted;
5 and "coach" means a person recognized as a coach by the
6 sanctioning authority that conducted the sporting event.
7 (12) A person may not receive a disposition of court
8 supervision for a violation of Section 5-16 of the Boat
9 Registration and Safety Act if that person has previously
10 received a disposition of court supervision for a violation of
11 that Section.
12 (13) A person convicted of or placed on court supervision
13 for an assault or aggravated assault when the victim and the
14 offender are family or household members as defined in Section
15 103 of the Illinois Domestic Violence Act of 1986 or convicted
16 of domestic battery or aggravated domestic battery may be
17 required to attend a Partner Abuse Intervention Program under
18 protocols set forth by the Illinois Department of Human
19 Services under such terms and conditions imposed by the court.
20 The costs of such classes shall be paid by the offender.
21 (d) In any case in which a sentence originally imposed is
22 vacated, the case shall be remanded to the trial court. The
23 trial court shall hold a hearing under Section 5-4-1 of this
24 Code which may include evidence of the defendant's life, moral
25 character and occupation during the time since the original
26 sentence was passed. The trial court shall then impose
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1 sentence upon the defendant. The trial court may impose any
2 sentence which could have been imposed at the original trial
3 subject to Section 5-5-4 of this Code. If a sentence is vacated
4 on appeal or on collateral attack due to the failure of the
5 trier of fact at trial to determine beyond a reasonable doubt
6 the existence of a fact (other than a prior conviction)
7 necessary to increase the punishment for the offense beyond
8 the statutory maximum otherwise applicable, either the
9 defendant may be re-sentenced to a term within the range
10 otherwise provided or, if the State files notice of its
11 intention to again seek the extended sentence, the defendant
12 shall be afforded a new trial.
13 (e) In cases where prosecution for aggravated criminal
14 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
15 Code of 1961 or the Criminal Code of 2012 results in conviction
16 of a defendant who was a family member of the victim at the
17 time of the commission of the offense, the court shall
18 consider the safety and welfare of the victim and may impose a
19 sentence of probation only where:
20 (1) the court finds (A) or (B) or both are
21 appropriate:
22 (A) the defendant is willing to undergo a court
23 approved counseling program for a minimum duration of
24 2 years; or
25 (B) the defendant is willing to participate in a
26 court approved plan, including, but not limited to,
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1 the defendant's:
2 (i) removal from the household;
3 (ii) restricted contact with the victim;
4 (iii) continued financial support of the
5 family;
6 (iv) restitution for harm done to the victim;
7 and
8 (v) compliance with any other measures that
9 the court may deem appropriate; and
10 (2) the court orders the defendant to pay for the
11 victim's counseling services, to the extent that the court
12 finds, after considering the defendant's income and
13 assets, that the defendant is financially capable of
14 paying for such services, if the victim was under 18 years
15 of age at the time the offense was committed and requires
16 counseling as a result of the offense.
17 Probation may be revoked or modified pursuant to Section
18 5-6-4; except where the court determines at the hearing that
19 the defendant violated a condition of his or her probation
20 restricting contact with the victim or other family members or
21 commits another offense with the victim or other family
22 members, the court shall revoke the defendant's probation and
23 impose a term of imprisonment.
24 For the purposes of this Section, "family member" and
25 "victim" shall have the meanings ascribed to them in Section
26 11-0.1 of the Criminal Code of 2012.
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1 (f) (Blank).
2 (g) Whenever a defendant is convicted of an offense under
3 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
4 11-14.3, 11-14.4 except for an offense that involves keeping a
5 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
6 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
7 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
8 Criminal Code of 2012, the defendant shall undergo medical
9 testing to determine whether the defendant has any sexually
10 transmissible disease, including a test for infection with
11 human immunodeficiency virus (HIV) or any other identified
12 causative agent of acquired immunodeficiency syndrome (AIDS).
13 Any such medical test shall be performed only by appropriately
14 licensed medical practitioners and may include an analysis of
15 any bodily fluids as well as an examination of the defendant's
16 person. Except as otherwise provided by law, the results of
17 such test shall be kept strictly confidential by all medical
18 personnel involved in the testing and must be personally
19 delivered in a sealed envelope to the judge of the court in
20 which the conviction was entered for the judge's inspection in
21 camera. Acting in accordance with the best interests of the
22 victim and the public, the judge shall have the discretion to
23 determine to whom, if anyone, the results of the testing may be
24 revealed. The court shall notify the defendant of the test
25 results. The court shall also notify the victim if requested
26 by the victim, and if the victim is under the age of 15 and if
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1 requested by the victim's parents or legal guardian, the court
2 shall notify the victim's parents or legal guardian of the
3 test results. The court shall provide information on the
4 availability of HIV testing and counseling at Department of
5 Public Health facilities to all parties to whom the results of
6 the testing are revealed and shall direct the State's Attorney
7 to provide the information to the victim when possible. The
8 court shall order that the cost of any such test shall be paid
9 by the county and may be taxed as costs against the convicted
10 defendant.
11 (g-5) When an inmate is tested for an airborne
12 communicable disease, as determined by the Illinois Department
13 of Public Health, including, but not limited to, tuberculosis,
14 the results of the test shall be personally delivered by the
15 warden or his or her designee in a sealed envelope to the judge
16 of the court in which the inmate must appear for the judge's
17 inspection in camera if requested by the judge. Acting in
18 accordance with the best interests of those in the courtroom,
19 the judge shall have the discretion to determine what if any
20 precautions need to be taken to prevent transmission of the
21 disease in the courtroom.
22 (h) Whenever a defendant is convicted of an offense under
23 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
24 defendant shall undergo medical testing to determine whether
25 the defendant has been exposed to human immunodeficiency virus
26 (HIV) or any other identified causative agent of acquired
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1 immunodeficiency syndrome (AIDS). Except as otherwise provided
2 by law, the results of such test shall be kept strictly
3 confidential by all medical personnel involved in the testing
4 and must be personally delivered in a sealed envelope to the
5 judge of the court in which the conviction was entered for the
6 judge's inspection in camera. Acting in accordance with the
7 best interests of the public, the judge shall have the
8 discretion to determine to whom, if anyone, the results of the
9 testing may be revealed. The court shall notify the defendant
10 of a positive test showing an infection with the human
11 immunodeficiency virus (HIV). The court shall provide
12 information on the availability of HIV testing and counseling
13 at Department of Public Health facilities to all parties to
14 whom the results of the testing are revealed and shall direct
15 the State's Attorney to provide the information to the victim
16 when possible. The court shall order that the cost of any such
17 test shall be paid by the county and may be taxed as costs
18 against the convicted defendant.
19 (i) All fines and penalties imposed under this Section for
20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
21 Vehicle Code, or a similar provision of a local ordinance, and
22 any violation of the Child Passenger Protection Act, or a
23 similar provision of a local ordinance, shall be collected and
24 disbursed by the circuit clerk as provided under the Criminal
25 and Traffic Assessment Act.
26 (j) In cases when prosecution for any violation of Section
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1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
3 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
4 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
5 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
6 Code of 2012, any violation of the Illinois Controlled
7 Substances Act, any violation of the Cannabis Control Act, or
8 any violation of the Methamphetamine Control and Community
9 Protection Act results in conviction, a disposition of court
10 supervision, or an order of probation granted under Section 10
11 of the Cannabis Control Act, Section 410 of the Illinois
12 Controlled Substances Act, or Section 70 of the
13 Methamphetamine Control and Community Protection Act of a
14 defendant, the court shall determine whether the defendant is
15 employed by a facility or center as defined under the Child
16 Care Act of 1969, a public or private elementary or secondary
17 school, or otherwise works with children under 18 years of age
18 on a daily basis. When a defendant is so employed, the court
19 shall order the Clerk of the Court to send a copy of the
20 judgment of conviction or order of supervision or probation to
21 the defendant's employer by certified mail. If the employer of
22 the defendant is a school, the Clerk of the Court shall direct
23 the mailing of a copy of the judgment of conviction or order of
24 supervision or probation to the appropriate regional
25 superintendent of schools. The regional superintendent of
26 schools shall notify the State Board of Education of any
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1 notification under this subsection.
2 (j-5) A defendant at least 17 years of age who is convicted
3 of a felony and who has not been previously convicted of a
4 misdemeanor or felony and who is sentenced to a term of
5 imprisonment in the Illinois Department of Corrections shall
6 as a condition of his or her sentence be required by the court
7 to attend educational courses designed to prepare the
8 defendant for a high school diploma and to work toward a high
9 school diploma or to work toward passing high school
10 equivalency testing or to work toward completing a vocational
11 training program offered by the Department of Corrections. If
12 a defendant fails to complete the educational training
13 required by his or her sentence during the term of
14 incarceration, the Prisoner Review Board shall, as a condition
15 of mandatory supervised release, require the defendant, at his
16 or her own expense, to pursue a course of study toward a high
17 school diploma or passage of high school equivalency testing.
18 The Prisoner Review Board shall revoke the mandatory
19 supervised release of a defendant who wilfully fails to comply
20 with this subsection (j-5) upon his or her release from
21 confinement in a penal institution while serving a mandatory
22 supervised release term; however, the inability of the
23 defendant after making a good faith effort to obtain financial
24 aid or pay for the educational training shall not be deemed a
25 wilful failure to comply. The Prisoner Review Board shall
26 recommit the defendant whose mandatory supervised release term
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1 has been revoked under this subsection (j-5) as provided in
2 Section 3-3-9. This subsection (j-5) does not apply to a
3 defendant who has a high school diploma or has successfully
4 passed high school equivalency testing. This subsection (j-5)
5 does not apply to a defendant who is determined by the court to
6 be a person with a developmental disability or otherwise
7 mentally incapable of completing the educational or vocational
8 program.
9 (k) (Blank).
10 (l)(A) Except as provided in paragraph (C) of subsection
11 (l), whenever a defendant, who is not a citizen or national of
12 the United States, is convicted of any felony or misdemeanor
13 offense, the court after sentencing the defendant may, upon
14 motion of the State's Attorney, hold sentence in abeyance and
15 remand the defendant to the custody of the Attorney General of
16 the United States or his or her designated agent to be deported
17 when:
18 (1) a final order of deportation has been issued
19 against the defendant pursuant to proceedings under the
20 Immigration and Nationality Act, and
21 (2) the deportation of the defendant would not
22 deprecate the seriousness of the defendant's conduct and
23 would not be inconsistent with the ends of justice.
24 Otherwise, the defendant shall be sentenced as provided in
25 this Chapter V.
26 (B) If the defendant has already been sentenced for a
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1 felony or misdemeanor offense, or has been placed on probation
2 under Section 10 of the Cannabis Control Act, Section 410 of
3 the Illinois Controlled Substances Act, or Section 70 of the
4 Methamphetamine Control and Community Protection Act, the
5 court may, upon motion of the State's Attorney to suspend the
6 sentence imposed, commit the defendant to the custody of the
7 Attorney General of the United States or his or her designated
8 agent when:
9 (1) a final order of deportation has been issued
10 against the defendant pursuant to proceedings under the
11 Immigration and Nationality Act, and
12 (2) the deportation of the defendant would not
13 deprecate the seriousness of the defendant's conduct and
14 would not be inconsistent with the ends of justice.
15 (C) This subsection (l) does not apply to offenders who
16 are subject to the provisions of paragraph (2) of subsection
17 (a) of Section 3-6-3.
18 (D) Upon motion of the State's Attorney, if a defendant
19 sentenced under this Section returns to the jurisdiction of
20 the United States, the defendant shall be recommitted to the
21 custody of the county from which he or she was sentenced.
22 Thereafter, the defendant shall be brought before the
23 sentencing court, which may impose any sentence that was
24 available under Section 5-5-3 at the time of initial
25 sentencing. In addition, the defendant shall not be eligible
26 for additional earned sentence credit as provided under
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1 Section 3-6-3.
2 (m) A person convicted of criminal defacement of property
3 under Section 21-1.3 of the Criminal Code of 1961 or the
4 Criminal Code of 2012, in which the property damage exceeds
5 $300 and the property damaged is a school building, shall be
6 ordered to perform community service that may include cleanup,
7 removal, or painting over the defacement.
8 (n) The court may sentence a person convicted of a
9 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
10 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
11 of 1961 or the Criminal Code of 2012 (i) to an impact
12 incarceration program if the person is otherwise eligible for
13 that program under Section 5-8-1.1, (ii) to community service,
14 or (iii) if the person has a substance use disorder, as defined
15 in the Substance Use Disorder Act, to a treatment program
16 licensed under that Act.
17 (o) Whenever a person is convicted of a sex offense as
18 defined in Section 2 of the Sex Offender Registration Act, the
19 defendant's driver's license or permit shall be subject to
20 renewal on an annual basis in accordance with the provisions
21 of license renewal established by the Secretary of State.
22 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
23 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
24 1-1-24.)
25 (Text of Section after amendment by P.A. 103-825)
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1 Sec. 5-5-3. Disposition.
2 (a) (Blank).
3 (b) (Blank).
4 (c)(1) (Blank).
5 (2) A period of probation, a term of periodic imprisonment
6 or conditional discharge shall not be imposed for the
7 following offenses. The court shall sentence the offender to
8 not less than the minimum term of imprisonment set forth in
9 this Code for the following offenses, and may order a fine or
10 restitution or both in conjunction with such term of
11 imprisonment:
12 (A) First degree murder.
13 (B) Attempted first degree murder.
14 (C) A Class X felony.
15 (D) A violation of Section 401.1 or 407 of the
16 Illinois Controlled Substances Act, or a violation of
17 subdivision (c)(1.5) of Section 401 of that Act which
18 relates to more than 5 grams of a substance containing
19 fentanyl or an analog thereof.
20 (D-5) A violation of subdivision (c)(1) of Section 401
21 of the Illinois Controlled Substances Act which relates to
22 3 or more grams of a substance containing heroin or an
23 analog thereof.
24 (E) (Blank).
25 (F) A Class 1 or greater felony if the offender had
26 been convicted of a Class 1 or greater felony, including
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1 any state or federal conviction for an offense that
2 contained, at the time it was committed, the same elements
3 as an offense now (the date of the offense committed after
4 the prior Class 1 or greater felony) classified as a Class
5 1 or greater felony, within 10 years of the date on which
6 the offender committed the offense for which he or she is
7 being sentenced, except as otherwise provided in Section
8 40-10 of the Substance Use Disorder Act.
9 (F-3) A Class 2 or greater felony sex offense or
10 felony firearm offense if the offender had been convicted
11 of a Class 2 or greater felony, including any state or
12 federal conviction for an offense that contained, at the
13 time it was committed, the same elements as an offense now
14 (the date of the offense committed after the prior Class 2
15 or greater felony) classified as a Class 2 or greater
16 felony, within 10 years of the date on which the offender
17 committed the offense for which he or she is being
18 sentenced, except as otherwise provided in Section 40-10
19 of the Substance Use Disorder Act.
20 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
21 of the Criminal Code of 1961 or the Criminal Code of 2012
22 for which imprisonment is prescribed in those Sections.
23 (G) Residential burglary, except as otherwise provided
24 in Section 40-10 of the Substance Use Disorder Act.
25 (H) Criminal sexual assault.
26 (I) Aggravated battery of a senior citizen as
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1 described in Section 12-4.6 or subdivision (a)(4) of
2 Section 12-3.05 of the Criminal Code of 1961 or the
3 Criminal Code of 2012.
4 (J) A forcible felony if the offense was related to
5 the activities of an organized gang.
6 Before July 1, 1994, for the purposes of this
7 paragraph, "organized gang" means an association of 5 or
8 more persons, with an established hierarchy, that
9 encourages members of the association to perpetrate crimes
10 or provides support to the members of the association who
11 do commit crimes.
12 Beginning July 1, 1994, for the purposes of this
13 paragraph, "organized gang" has the meaning ascribed to it
14 in Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (K) Vehicular hijacking.
17 (L) A second or subsequent conviction for the offense
18 of hate crime when the underlying offense upon which the
19 hate crime is based is felony aggravated assault or felony
20 mob action.
21 (M) A second or subsequent conviction for the offense
22 of institutional vandalism if the damage to the property
23 exceeds $300.
24 (N) A Class 3 felony violation of paragraph (1) of
25 subsection (a) of Section 2 of the Firearm Owners
26 Identification Card Act.
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1 (O) A violation of Section 12-6.1 or 12-6.5 of the
2 Criminal Code of 1961 or the Criminal Code of 2012.
3 (P) A violation of paragraph (1), (2), (3), (4), (5),
4 or (7) of subsection (a) of Section 11-20.1 of the
5 Criminal Code of 1961 or the Criminal Code of 2012.
6 (P-5) A violation of paragraph (6) of subsection (a)
7 of Section 11-20.1 of the Criminal Code of 1961 or the
8 Criminal Code of 2012 if the victim is a household or
9 family member of the defendant.
10 (P-6) A violation of paragraph (2) of subsection (b)
11 of Section 11-20.4 of the Criminal Code of 2012.
12 (Q) A violation of subsection (b) or (b-5) of Section
13 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
14 Code of 1961 or the Criminal Code of 2012.
15 (R) A violation of Section 24-3A of the Criminal Code
16 of 1961 or the Criminal Code of 2012.
17 (S) (Blank).
18 (T) (Blank).
19 (U) A second or subsequent violation of Section 6-303
20 of the Illinois Vehicle Code committed while his or her
21 driver's license, permit, or privilege was revoked because
22 of a violation of Section 9-3 of the Criminal Code of 1961
23 or the Criminal Code of 2012, relating to the offense of
24 reckless homicide, or a similar provision of a law of
25 another state.
26 (V) A violation of paragraph (4) of subsection (c) of
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1 Section 11-20.1B or paragraph (4) of subsection (c) of
2 Section 11-20.3 of the Criminal Code of 1961, or paragraph
3 (6) of subsection (a) of Section 11-20.1 of the Criminal
4 Code of 2012 when the victim is under 13 years of age and
5 the defendant has previously been convicted under the laws
6 of this State or any other state of the offense of child
7 pornography, aggravated child pornography, aggravated
8 criminal sexual abuse, aggravated criminal sexual assault,
9 predatory criminal sexual assault of a child, or any of
10 the offenses formerly known as rape, deviate sexual
11 assault, indecent liberties with a child, or aggravated
12 indecent liberties with a child where the victim was under
13 the age of 18 years or an offense that is substantially
14 equivalent to those offenses.
15 (V-5) A violation of paragraph (1) of subsection (b)
16 of Section 11-20.4 of the Criminal Code of 2012 when the
17 victim is under 13 years of age and the defendant has
18 previously been convicted under the laws of this State or
19 any other state of the offense of child pornography,
20 aggravated child pornography, aggravated criminal sexual
21 abuse, aggravated criminal sexual assault, predatory
22 criminal sexual assault of a child, or any of the offenses
23 formerly known as rape, deviate sexual assault, indecent
24 liberties with a child, or aggravated indecent liberties
25 with a child if the victim was under the age of 18 years or
26 an offense that is substantially equivalent to those
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1 offenses.
2 (W) A violation of Section 24-3.5 of the Criminal Code
3 of 1961 or the Criminal Code of 2012.
4 (X) A violation of subsection (a) of Section 31-1a of
5 the Criminal Code of 1961 or the Criminal Code of 2012.
6 (Y) A conviction for unlawful possession of a firearm
7 by a street gang member when the firearm was loaded or
8 contained firearm ammunition.
9 (Z) A Class 1 felony committed while he or she was
10 serving a term of probation or conditional discharge for a
11 felony.
12 (AA) Theft of property exceeding $500,000 and not
13 exceeding $1,000,000 in value.
14 (BB) Laundering of criminally derived property of a
15 value exceeding $500,000.
16 (CC) Knowingly selling, offering for sale, holding for
17 sale, or using 2,000 or more counterfeit items or
18 counterfeit items having a retail value in the aggregate
19 of $500,000 or more.
20 (DD) A conviction for aggravated assault under
21 paragraph (6) of subsection (c) of Section 12-2 of the
22 Criminal Code of 1961 or the Criminal Code of 2012 if the
23 firearm is aimed toward the person against whom the
24 firearm is being used.
25 (EE) A conviction for a violation of paragraph (2) of
26 subsection (a) of Section 24-3B of the Criminal Code of
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1 2012.
2 (FF) A felony offense that requires registration under
3 the Sex Offender Registration Act.
4 (3) (Blank).
5 (4) A minimum term of imprisonment of not less than 10
6 consecutive days or 30 days of community service shall be
7 imposed for a violation of paragraph (c) of Section 6-303 of
8 the Illinois Vehicle Code.
9 (4.1) (Blank).
10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
11 this subsection (c), a minimum of 100 hours of community
12 service shall be imposed for a second violation of Section
13 6-303 of the Illinois Vehicle Code.
14 (4.3) A minimum term of imprisonment of 30 days or 300
15 hours of community service, as determined by the court, shall
16 be imposed for a second violation of subsection (c) of Section
17 6-303 of the Illinois Vehicle Code.
18 (4.4) Except as provided in paragraphs (4.5), (4.6), and
19 (4.9) of this subsection (c), a minimum term of imprisonment
20 of 30 days or 300 hours of community service, as determined by
21 the court, shall be imposed for a third or subsequent
22 violation of Section 6-303 of the Illinois Vehicle Code. The
23 court may give credit toward the fulfillment of community
24 service hours for participation in activities and treatment as
25 determined by court services.
26 (4.5) A minimum term of imprisonment of 30 days shall be
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1 imposed for a third violation of subsection (c) of Section
2 6-303 of the Illinois Vehicle Code.
3 (4.6) Except as provided in paragraph (4.10) of this
4 subsection (c), a minimum term of imprisonment of 180 days
5 shall be imposed for a fourth or subsequent violation of
6 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
7 (4.7) A minimum term of imprisonment of not less than 30
8 consecutive days, or 300 hours of community service, shall be
9 imposed for a violation of subsection (a-5) of Section 6-303
10 of the Illinois Vehicle Code, as provided in subsection (b-5)
11 of that Section.
12 (4.8) A mandatory prison sentence shall be imposed for a
13 second violation of subsection (a-5) of Section 6-303 of the
14 Illinois Vehicle Code, as provided in subsection (c-5) of that
15 Section. The person's driving privileges shall be revoked for
16 a period of not less than 5 years from the date of his or her
17 release from prison.
18 (4.9) A mandatory prison sentence of not less than 4 and
19 not more than 15 years shall be imposed for a third violation
20 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
21 Code, as provided in subsection (d-2.5) of that Section. The
22 person's driving privileges shall be revoked for the remainder
23 of his or her life.
24 (4.10) A mandatory prison sentence for a Class 1 felony
25 shall be imposed, and the person shall be eligible for an
26 extended term sentence, for a fourth or subsequent violation
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1 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
2 Code, as provided in subsection (d-3.5) of that Section. The
3 person's driving privileges shall be revoked for the remainder
4 of his or her life.
5 (5) The court may sentence a corporation or unincorporated
6 association convicted of any offense to:
7 (A) a period of conditional discharge;
8 (B) a fine;
9 (C) make restitution to the victim under Section 5-5-6
10 of this Code.
11 (5.1) In addition to any other penalties imposed, and
12 except as provided in paragraph (5.2) or (5.3), a person
13 convicted of violating subsection (c) of Section 11-907 of the
14 Illinois Vehicle Code shall have his or her driver's license,
15 permit, or privileges suspended for at least 90 days but not
16 more than one year, if the violation resulted in damage to the
17 property of another person.
18 (5.2) In addition to any other penalties imposed, and
19 except as provided in paragraph (5.3), a person convicted of
20 violating subsection (c) of Section 11-907 of the Illinois
21 Vehicle Code shall have his or her driver's license, permit,
22 or privileges suspended for at least 180 days but not more than
23 2 years, if the violation resulted in injury to another
24 person.
25 (5.3) In addition to any other penalties imposed, a person
26 convicted of violating subsection (c) of Section 11-907 of the
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1 Illinois Vehicle Code shall have his or her driver's license,
2 permit, or privileges suspended for 2 years, if the violation
3 resulted in the death of another person.
4 (5.4) In addition to any other penalties imposed, a person
5 convicted of violating Section 3-707 of the Illinois Vehicle
6 Code shall have his or her driver's license, permit, or
7 privileges suspended for 3 months and until he or she has paid
8 a reinstatement fee of $100.
9 (5.5) In addition to any other penalties imposed, a person
10 convicted of violating Section 3-707 of the Illinois Vehicle
11 Code during a period in which his or her driver's license,
12 permit, or privileges were suspended for a previous violation
13 of that Section shall have his or her driver's license,
14 permit, or privileges suspended for an additional 6 months
15 after the expiration of the original 3-month suspension and
16 until he or she has paid a reinstatement fee of $100.
17 (6) (Blank).
18 (7) (Blank).
19 (8) (Blank).
20 (9) A defendant convicted of a second or subsequent
21 offense of ritualized abuse of a child may be sentenced to a
22 term of natural life imprisonment.
23 (10) (Blank).
24 (11) The court shall impose a minimum fine of $1,000 for a
25 first offense and $2,000 for a second or subsequent offense
26 upon a person convicted of or placed on supervision for
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1 battery when the individual harmed was a sports official or
2 coach at any level of competition and the act causing harm to
3 the sports official or coach occurred within an athletic
4 facility or within the immediate vicinity of the athletic
5 facility at which the sports official or coach was an active
6 participant of the athletic contest held at the athletic
7 facility. For the purposes of this paragraph (11), "sports
8 official" means a person at an athletic contest who enforces
9 the rules of the contest, such as an umpire or referee;
10 "athletic facility" means an indoor or outdoor playing field
11 or recreational area where sports activities are conducted;
12 and "coach" means a person recognized as a coach by the
13 sanctioning authority that conducted the sporting event.
14 (12) A person may not receive a disposition of court
15 supervision for a violation of Section 5-16 of the Boat
16 Registration and Safety Act if that person has previously
17 received a disposition of court supervision for a violation of
18 that Section.
19 (13) A person convicted of or placed on court supervision
20 for an assault or aggravated assault when the victim and the
21 offender are family or household members as defined in Section
22 103 of the Illinois Domestic Violence Act of 1986 or convicted
23 of domestic battery or aggravated domestic battery may be
24 required to attend a Partner Abuse Intervention Program under
25 protocols set forth by the Illinois Department of Human
26 Services under such terms and conditions imposed by the court.
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1 The costs of such classes shall be paid by the offender.
2 (d) In any case in which a sentence originally imposed is
3 vacated, the case shall be remanded to the trial court. The
4 trial court shall hold a hearing under Section 5-4-1 of this
5 Code which may include evidence of the defendant's life, moral
6 character and occupation during the time since the original
7 sentence was passed. The trial court shall then impose
8 sentence upon the defendant. The trial court may impose any
9 sentence which could have been imposed at the original trial
10 subject to Section 5-5-4 of this Code. If a sentence is vacated
11 on appeal or on collateral attack due to the failure of the
12 trier of fact at trial to determine beyond a reasonable doubt
13 the existence of a fact (other than a prior conviction)
14 necessary to increase the punishment for the offense beyond
15 the statutory maximum otherwise applicable, either the
16 defendant may be re-sentenced to a term within the range
17 otherwise provided or, if the State files notice of its
18 intention to again seek the extended sentence, the defendant
19 shall be afforded a new trial.
20 (e) In cases where prosecution for aggravated criminal
21 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
22 Code of 1961 or the Criminal Code of 2012 results in conviction
23 of a defendant who was a family member of the victim at the
24 time of the commission of the offense, the court shall
25 consider the safety and welfare of the victim and may impose a
26 sentence of probation only where:
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1 (1) the court finds (A) or (B) or both are
2 appropriate:
3 (A) the defendant is willing to undergo a court
4 approved counseling program for a minimum duration of
5 2 years; or
6 (B) the defendant is willing to participate in a
7 court approved plan, including, but not limited to,
8 the defendant's:
9 (i) removal from the household;
10 (ii) restricted contact with the victim;
11 (iii) continued financial support of the
12 family;
13 (iv) restitution for harm done to the victim;
14 and
15 (v) compliance with any other measures that
16 the court may deem appropriate; and
17 (2) the court orders the defendant to pay for the
18 victim's counseling services, to the extent that the court
19 finds, after considering the defendant's income and
20 assets, that the defendant is financially capable of
21 paying for such services, if the victim was under 18 years
22 of age at the time the offense was committed and requires
23 counseling as a result of the offense.
24 Probation may be revoked or modified pursuant to Section
25 5-6-4; except where the court determines at the hearing that
26 the defendant violated a condition of his or her probation
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1 restricting contact with the victim or other family members or
2 commits another offense with the victim or other family
3 members, the court shall revoke the defendant's probation and
4 impose a term of imprisonment.
5 For the purposes of this Section, "family member" and
6 "victim" shall have the meanings ascribed to them in Section
7 11-0.1 of the Criminal Code of 2012.
8 (f) (Blank).
9 (g) Whenever a defendant is convicted of an offense under
10 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11 11-14.3, 11-14.4 except for an offense that involves keeping a
12 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
13 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
14 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, the defendant shall undergo medical
16 testing to determine whether the defendant has any sexually
17 transmissible disease, including a test for infection with
18 human immunodeficiency virus (HIV) or any other identified
19 causative agent of acquired immunodeficiency syndrome (AIDS).
20 Any such medical test shall be performed only by appropriately
21 licensed medical practitioners and may include an analysis of
22 any bodily fluids as well as an examination of the defendant's
23 person. Except as otherwise provided by law, the results of
24 such test shall be kept strictly confidential by all medical
25 personnel involved in the testing and must be personally
26 delivered in a sealed envelope to the judge of the court in
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1 which the conviction was entered for the judge's inspection in
2 camera. Acting in accordance with the best interests of the
3 victim and the public, the judge shall have the discretion to
4 determine to whom, if anyone, the results of the testing may be
5 revealed. The court shall notify the defendant of the test
6 results. The court shall also notify the victim if requested
7 by the victim, and if the victim is under the age of 15 and if
8 requested by the victim's parents or legal guardian, the court
9 shall notify the victim's parents or legal guardian of the
10 test results. The court shall provide information on the
11 availability of HIV testing and counseling at Department of
12 Public Health facilities to all parties to whom the results of
13 the testing are revealed and shall direct the State's Attorney
14 to provide the information to the victim when possible. The
15 court shall order that the cost of any such test shall be paid
16 by the county and may be taxed as costs against the convicted
17 defendant.
18 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois Department
20 of Public Health, including, but not limited to, tuberculosis,
21 the results of the test shall be personally delivered by the
22 warden or his or her designee in a sealed envelope to the judge
23 of the court in which the inmate must appear for the judge's
24 inspection in camera if requested by the judge. Acting in
25 accordance with the best interests of those in the courtroom,
26 the judge shall have the discretion to determine what if any
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1 precautions need to be taken to prevent transmission of the
2 disease in the courtroom.
3 (h) Whenever a defendant is convicted of an offense under
4 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
5 defendant shall undergo medical testing to determine whether
6 the defendant has been exposed to human immunodeficiency virus
7 (HIV) or any other identified causative agent of acquired
8 immunodeficiency syndrome (AIDS). Except as otherwise provided
9 by law, the results of such test shall be kept strictly
10 confidential by all medical personnel involved in the testing
11 and must be personally delivered in a sealed envelope to the
12 judge of the court in which the conviction was entered for the
13 judge's inspection in camera. Acting in accordance with the
14 best interests of the public, the judge shall have the
15 discretion to determine to whom, if anyone, the results of the
16 testing may be revealed. The court shall notify the defendant
17 of a positive test showing an infection with the human
18 immunodeficiency virus (HIV). The court shall provide
19 information on the availability of HIV testing and counseling
20 at Department of Public Health facilities to all parties to
21 whom the results of the testing are revealed and shall direct
22 the State's Attorney to provide the information to the victim
23 when possible. The court shall order that the cost of any such
24 test shall be paid by the county and may be taxed as costs
25 against the convicted defendant.
26 (i) All fines and penalties imposed under this Section for
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1 any violation of Chapters 3, 4, 6, and 11 of the Illinois
2 Vehicle Code, or a similar provision of a local ordinance, and
3 any violation of the Child Passenger Protection Act, or a
4 similar provision of a local ordinance, shall be collected and
5 disbursed by the circuit clerk as provided under the Criminal
6 and Traffic Assessment Act.
7 (j) In cases when prosecution for any violation of Section
8 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
9 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
10 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
12 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
13 Criminal Code of 2012, any violation of the Illinois
14 Controlled Substances Act, any violation of the Cannabis
15 Control Act, or any violation of the Methamphetamine Control
16 and Community Protection Act results in conviction, a
17 disposition of court supervision, or an order of probation
18 granted under Section 10 of the Cannabis Control Act, Section
19 410 of the Illinois Controlled Substances Act, or Section 70
20 of the Methamphetamine Control and Community Protection Act of
21 a defendant, the court shall determine whether the defendant
22 is employed by a facility or center as defined under the Child
23 Care Act of 1969, a public or private elementary or secondary
24 school, or otherwise works with children under 18 years of age
25 on a daily basis. When a defendant is so employed, the court
26 shall order the Clerk of the Court to send a copy of the
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1 judgment of conviction or order of supervision or probation to
2 the defendant's employer by certified mail. If the employer of
3 the defendant is a school, the Clerk of the Court shall direct
4 the mailing of a copy of the judgment of conviction or order of
5 supervision or probation to the appropriate regional
6 superintendent of schools. The regional superintendent of
7 schools shall notify the State Board of Education of any
8 notification under this subsection.
9 (j-5) A defendant at least 17 years of age who is convicted
10 of a felony and who has not been previously convicted of a
11 misdemeanor or felony and who is sentenced to a term of
12 imprisonment in the Illinois Department of Corrections shall
13 as a condition of his or her sentence be required by the court
14 to attend educational courses designed to prepare the
15 defendant for a high school diploma and to work toward a high
16 school diploma or to work toward passing high school
17 equivalency testing or to work toward completing a vocational
18 training program offered by the Department of Corrections. If
19 a defendant fails to complete the educational training
20 required by his or her sentence during the term of
21 incarceration, the Prisoner Review Board shall, as a condition
22 of mandatory supervised release, require the defendant, at his
23 or her own expense, to pursue a course of study toward a high
24 school diploma or passage of high school equivalency testing.
25 The Prisoner Review Board shall revoke the mandatory
26 supervised release of a defendant who wilfully fails to comply
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1 with this subsection (j-5) upon his or her release from
2 confinement in a penal institution while serving a mandatory
3 supervised release term; however, the inability of the
4 defendant after making a good faith effort to obtain financial
5 aid or pay for the educational training shall not be deemed a
6 wilful failure to comply. The Prisoner Review Board shall
7 recommit the defendant whose mandatory supervised release term
8 has been revoked under this subsection (j-5) as provided in
9 Section 3-3-9. This subsection (j-5) does not apply to a
10 defendant who has a high school diploma or has successfully
11 passed high school equivalency testing. This subsection (j-5)
12 does not apply to a defendant who is determined by the court to
13 be a person with a developmental disability or otherwise
14 mentally incapable of completing the educational or vocational
15 program.
16 (k) (Blank).
17 (l)(A) Except as provided in paragraph (C) of subsection
18 (l), whenever a defendant, who is not a citizen or national of
19 the United States, is convicted of any felony or misdemeanor
20 offense, the court after sentencing the defendant may, upon
21 motion of the State's Attorney, hold sentence in abeyance and
22 remand the defendant to the custody of the Attorney General of
23 the United States or his or her designated agent to be deported
24 when:
25 (1) a final order of deportation has been issued
26 against the defendant pursuant to proceedings under the
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1 Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct and
4 would not be inconsistent with the ends of justice.
5 Otherwise, the defendant shall be sentenced as provided in
6 this Chapter V.
7 (B) If the defendant has already been sentenced for a
8 felony or misdemeanor offense, or has been placed on probation
9 under Section 10 of the Cannabis Control Act, Section 410 of
10 the Illinois Controlled Substances Act, or Section 70 of the
11 Methamphetamine Control and Community Protection Act, the
12 court may, upon motion of the State's Attorney to suspend the
13 sentence imposed, commit the defendant to the custody of the
14 Attorney General of the United States or his or her designated
15 agent when:
16 (1) a final order of deportation has been issued
17 against the defendant pursuant to proceedings under the
18 Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct and
21 would not be inconsistent with the ends of justice.
22 (C) This subsection (l) does not apply to offenders who
23 are subject to the provisions of paragraph (2) of subsection
24 (a) of Section 3-6-3.
25 (D) Upon motion of the State's Attorney, if a defendant
26 sentenced under this Section returns to the jurisdiction of
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1 the United States, the defendant shall be recommitted to the
2 custody of the county from which he or she was sentenced.
3 Thereafter, the defendant shall be brought before the
4 sentencing court, which may impose any sentence that was
5 available under Section 5-5-3 at the time of initial
6 sentencing. In addition, the defendant shall not be eligible
7 for additional earned sentence credit as provided under
8 Section 3-6-3.
9 (m) A person convicted of criminal defacement of property
10 under Section 21-1.3 of the Criminal Code of 1961 or the
11 Criminal Code of 2012, in which the property damage exceeds
12 $300 and the property damaged is a school building, shall be
13 ordered to perform community service that may include cleanup,
14 removal, or painting over the defacement.
15 (n) The court may sentence a person convicted of a
16 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
17 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
18 of 1961 or the Criminal Code of 2012 (i) to an impact
19 incarceration program if the person is otherwise eligible for
20 that program under Section 5-8-1.1, (ii) to community service,
21 or (iii) if the person has a substance use disorder, as defined
22 in the Substance Use Disorder Act, to a treatment program
23 licensed under that Act.
24 (o) Whenever a person is convicted of a sex offense as
25 defined in Section 2 of the Sex Offender Registration Act, the
26 defendant's driver's license or permit shall be subject to
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1 renewal on an annual basis in accordance with the provisions
2 of license renewal established by the Secretary of State.
3 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
4 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
5 1-1-24; 103-825, eff. 1-1-25.)
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