Illinois 2025-2026 Regular Session

Illinois House Bill HB0074 Compare Versions

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

Old	New	Differences
1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 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	LRB104 03324 RLC 13346 b LRB104 03324 RLC 13346 b
7	7	LRB104 03324 RLC 13346 b
8	8	A BILL FOR
9	9	HB0074LRB104 03324 RLC 13346 b HB0074 LRB104 03324 RLC 13346 b
10	10	HB0074 LRB104 03324 RLC 13346 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 (Text of Section before amendment by P.A. 103-825)
18	18	8 Sec. 5-5-3. Disposition.
19	19	9 (a) (Blank).
20	20	10 (b) (Blank).
21	21	11 (c)(1) (Blank).
22	22	12 (2) A period of probation, a term of periodic imprisonment
23	23	13 or conditional discharge shall not be imposed for the
24	24	14 following offenses. The court shall sentence the offender to
25	25	15 not less than the minimum term of imprisonment set forth in
26	26	16 this Code for the following offenses, and may order a fine or
27	27	17 restitution or both in conjunction with such term of
28	28	18 imprisonment:
29	29	19 (A) First degree murder.
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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0074 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	LRB104 03324 RLC 13346 b LRB104 03324 RLC 13346 b
42	42	LRB104 03324 RLC 13346 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 (3) (Blank).
235	235	24 (4) A minimum term of imprisonment of not less than 10
236	236	25 consecutive days or 30 days of community service shall be
237	237	26 imposed for a violation of paragraph (c) of Section 6-303 of
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248	248	1 the Illinois Vehicle Code.
249	249	2 (4.1) (Blank).
250	250	3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
251	251	4 this subsection (c), a minimum of 100 hours of community
252	252	5 service shall be imposed for a second violation of Section
253	253	6 6-303 of the Illinois Vehicle Code.
254	254	7 (4.3) A minimum term of imprisonment of 30 days or 300
255	255	8 hours of community service, as determined by the court, shall
256	256	9 be imposed for a second violation of subsection (c) of Section
257	257	10 6-303 of the Illinois Vehicle Code.
258	258	11 (4.4) Except as provided in paragraphs (4.5), (4.6), and
259	259	12 (4.9) of this subsection (c), a minimum term of imprisonment
260	260	13 of 30 days or 300 hours of community service, as determined by
261	261	14 the court, shall be imposed for a third or subsequent
262	262	15 violation of Section 6-303 of the Illinois Vehicle Code. The
263	263	16 court may give credit toward the fulfillment of community
264	264	17 service hours for participation in activities and treatment as
265	265	18 determined by court services.
266	266	19 (4.5) A minimum term of imprisonment of 30 days shall be
267	267	20 imposed for a third violation of subsection (c) of Section
268	268	21 6-303 of the Illinois Vehicle Code.
269	269	22 (4.6) Except as provided in paragraph (4.10) of this
270	270	23 subsection (c), a minimum term of imprisonment of 180 days
271	271	24 shall be imposed for a fourth or subsequent violation of
272	272	25 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
273	273	26 (4.7) A minimum term of imprisonment of not less than 30
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284	284	1 consecutive days, or 300 hours of community service, shall be
285	285	2 imposed for a violation of subsection (a-5) of Section 6-303
286	286	3 of the Illinois Vehicle Code, as provided in subsection (b-5)
287	287	4 of that Section.
288	288	5 (4.8) A mandatory prison sentence shall be imposed for a
289	289	6 second violation of subsection (a-5) of Section 6-303 of the
290	290	7 Illinois Vehicle Code, as provided in subsection (c-5) of that
291	291	8 Section. The person's driving privileges shall be revoked for
292	292	9 a period of not less than 5 years from the date of his or her
293	293	10 release from prison.
294	294	11 (4.9) A mandatory prison sentence of not less than 4 and
295	295	12 not more than 15 years shall be imposed for a third violation
296	296	13 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
297	297	14 Code, as provided in subsection (d-2.5) of that Section. The
298	298	15 person's driving privileges shall be revoked for the remainder
299	299	16 of his or her life.
300	300	17 (4.10) A mandatory prison sentence for a Class 1 felony
301	301	18 shall be imposed, and the person shall be eligible for an
302	302	19 extended term sentence, for a fourth or subsequent violation
303	303	20 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
304	304	21 Code, as provided in subsection (d-3.5) of that Section. The
305	305	22 person's driving privileges shall be revoked for the remainder
306	306	23 of his or her life.
307	307	24 (5) The court may sentence a corporation or unincorporated
308	308	25 association convicted of any offense to:
309	309	26 (A) a period of conditional discharge;
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320	320	1 (B) a fine;
321	321	2 (C) make restitution to the victim under Section 5-5-6
322	322	3 of this Code.
323	323	4 (5.1) In addition to any other penalties imposed, and
324	324	5 except as provided in paragraph (5.2) or (5.3), a person
325	325	6 convicted of violating subsection (c) of Section 11-907 of the
326	326	7 Illinois Vehicle Code shall have his or her driver's license,
327	327	8 permit, or privileges suspended for at least 90 days but not
328	328	9 more than one year, if the violation resulted in damage to the
329	329	10 property of another person.
330	330	11 (5.2) In addition to any other penalties imposed, and
331	331	12 except as provided in paragraph (5.3), a person convicted of
332	332	13 violating subsection (c) of Section 11-907 of the Illinois
333	333	14 Vehicle Code shall have his or her driver's license, permit,
334	334	15 or privileges suspended for at least 180 days but not more than
335	335	16 2 years, if the violation resulted in injury to another
336	336	17 person.
337	337	18 (5.3) In addition to any other penalties imposed, a person
338	338	19 convicted of violating subsection (c) of Section 11-907 of the
339	339	20 Illinois Vehicle Code shall have his or her driver's license,
340	340	21 permit, or privileges suspended for 2 years, if the violation
341	341	22 resulted in the death of another person.
342	342	23 (5.4) In addition to any other penalties imposed, a person
343	343	24 convicted of violating Section 3-707 of the Illinois Vehicle
344	344	25 Code shall have his or her driver's license, permit, or
345	345	26 privileges suspended for 3 months and until he or she has paid
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356	356	1 a reinstatement fee of $100.
357	357	2 (5.5) In addition to any other penalties imposed, a person
358	358	3 convicted of violating Section 3-707 of the Illinois Vehicle
359	359	4 Code during a period in which his or her driver's license,
360	360	5 permit, or privileges were suspended for a previous violation
361	361	6 of that Section shall have his or her driver's license,
362	362	7 permit, or privileges suspended for an additional 6 months
363	363	8 after the expiration of the original 3-month suspension and
364	364	9 until he or she has paid a reinstatement fee of $100.
365	365	10 (6) (Blank).
366	366	11 (7) (Blank).
367	367	12 (8) (Blank).
368	368	13 (9) A defendant convicted of a second or subsequent
369	369	14 offense of ritualized abuse of a child may be sentenced to a
370	370	15 term of natural life imprisonment.
371	371	16 (10) (Blank).
372	372	17 (11) The court shall impose a minimum fine of $1,000 for a
373	373	18 first offense and $2,000 for a second or subsequent offense
374	374	19 upon a person convicted of or placed on supervision for
375	375	20 battery when the individual harmed was a sports official or
376	376	21 coach at any level of competition and the act causing harm to
377	377	22 the sports official or coach occurred within an athletic
378	378	23 facility or within the immediate vicinity of the athletic
379	379	24 facility at which the sports official or coach was an active
380	380	25 participant of the athletic contest held at the athletic
381	381	26 facility. For the purposes of this paragraph (11), "sports
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392	392	1 official" means a person at an athletic contest who enforces
393	393	2 the rules of the contest, such as an umpire or referee;
394	394	3 "athletic facility" means an indoor or outdoor playing field
395	395	4 or recreational area where sports activities are conducted;
396	396	5 and "coach" means a person recognized as a coach by the
397	397	6 sanctioning authority that conducted the sporting event.
398	398	7 (12) A person may not receive a disposition of court
399	399	8 supervision for a violation of Section 5-16 of the Boat
400	400	9 Registration and Safety Act if that person has previously
401	401	10 received a disposition of court supervision for a violation of
402	402	11 that Section.
403	403	12 (13) A person convicted of or placed on court supervision
404	404	13 for an assault or aggravated assault when the victim and the
405	405	14 offender are family or household members as defined in Section
406	406	15 103 of the Illinois Domestic Violence Act of 1986 or convicted
407	407	16 of domestic battery or aggravated domestic battery may be
408	408	17 required to attend a Partner Abuse Intervention Program under
409	409	18 protocols set forth by the Illinois Department of Human
410	410	19 Services under such terms and conditions imposed by the court.
411	411	20 The costs of such classes shall be paid by the offender.
412	412	21 (d) In any case in which a sentence originally imposed is
413	413	22 vacated, the case shall be remanded to the trial court. The
414	414	23 trial court shall hold a hearing under Section 5-4-1 of this
415	415	24 Code which may include evidence of the defendant's life, moral
416	416	25 character and occupation during the time since the original
417	417	26 sentence was passed. The trial court shall then impose
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428	428	1 sentence upon the defendant. The trial court may impose any
429	429	2 sentence which could have been imposed at the original trial
430	430	3 subject to Section 5-5-4 of this Code. If a sentence is vacated
431	431	4 on appeal or on collateral attack due to the failure of the
432	432	5 trier of fact at trial to determine beyond a reasonable doubt
433	433	6 the existence of a fact (other than a prior conviction)
434	434	7 necessary to increase the punishment for the offense beyond
435	435	8 the statutory maximum otherwise applicable, either the
436	436	9 defendant may be re-sentenced to a term within the range
437	437	10 otherwise provided or, if the State files notice of its
438	438	11 intention to again seek the extended sentence, the defendant
439	439	12 shall be afforded a new trial.
440	440	13 (e) In cases where prosecution for aggravated criminal
441	441	14 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
442	442	15 Code of 1961 or the Criminal Code of 2012 results in conviction
443	443	16 of a defendant who was a family member of the victim at the
444	444	17 time of the commission of the offense, the court shall
445	445	18 consider the safety and welfare of the victim and may impose a
446	446	19 sentence of probation only where:
447	447	20 (1) the court finds (A) or (B) or both are
448	448	21 appropriate:
449	449	22 (A) the defendant is willing to undergo a court
450	450	23 approved counseling program for a minimum duration of
451	451	24 2 years; or
452	452	25 (B) the defendant is willing to participate in a
453	453	26 court approved plan, including, but not limited to,
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464	464	1 the defendant's:
465	465	2 (i) removal from the household;
466	466	3 (ii) restricted contact with the victim;
467	467	4 (iii) continued financial support of the
468	468	5 family;
469	469	6 (iv) restitution for harm done to the victim;
470	470	7 and
471	471	8 (v) compliance with any other measures that
472	472	9 the court may deem appropriate; and
473	473	10 (2) the court orders the defendant to pay for the
474	474	11 victim's counseling services, to the extent that the court
475	475	12 finds, after considering the defendant's income and
476	476	13 assets, that the defendant is financially capable of
477	477	14 paying for such services, if the victim was under 18 years
478	478	15 of age at the time the offense was committed and requires
479	479	16 counseling as a result of the offense.
480	480	17 Probation may be revoked or modified pursuant to Section
481	481	18 5-6-4; except where the court determines at the hearing that
482	482	19 the defendant violated a condition of his or her probation
483	483	20 restricting contact with the victim or other family members or
484	484	21 commits another offense with the victim or other family
485	485	22 members, the court shall revoke the defendant's probation and
486	486	23 impose a term of imprisonment.
487	487	24 For the purposes of this Section, "family member" and
488	488	25 "victim" shall have the meanings ascribed to them in Section
489	489	26 11-0.1 of the Criminal Code of 2012.
490	490
491	491
492	492
493	493
494	494
495	495	HB0074 - 13 - LRB104 03324 RLC 13346 b
496	496
497	497
498	498	HB0074- 14 -LRB104 03324 RLC 13346 b HB0074 - 14 - LRB104 03324 RLC 13346 b
499	499	HB0074 - 14 - LRB104 03324 RLC 13346 b
500	500	1 (f) (Blank).
501	501	2 (g) Whenever a defendant is convicted of an offense under
502	502	3 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
503	503	4 11-14.3, 11-14.4 except for an offense that involves keeping a
504	504	5 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
505	505	6 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
506	506	7 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
507	507	8 Criminal Code of 2012, the defendant shall undergo medical
508	508	9 testing to determine whether the defendant has any sexually
509	509	10 transmissible disease, including a test for infection with
510	510	11 human immunodeficiency virus (HIV) or any other identified
511	511	12 causative agent of acquired immunodeficiency syndrome (AIDS).
512	512	13 Any such medical test shall be performed only by appropriately
513	513	14 licensed medical practitioners and may include an analysis of
514	514	15 any bodily fluids as well as an examination of the defendant's
515	515	16 person. Except as otherwise provided by law, the results of
516	516	17 such test shall be kept strictly confidential by all medical
517	517	18 personnel involved in the testing and must be personally
518	518	19 delivered in a sealed envelope to the judge of the court in
519	519	20 which the conviction was entered for the judge's inspection in
520	520	21 camera. Acting in accordance with the best interests of the
521	521	22 victim and the public, the judge shall have the discretion to
522	522	23 determine to whom, if anyone, the results of the testing may be
523	523	24 revealed. The court shall notify the defendant of the test
524	524	25 results. The court shall also notify the victim if requested
525	525	26 by the victim, and if the victim is under the age of 15 and if
526	526
527	527
528	528
529	529
530	530
531	531	HB0074 - 14 - LRB104 03324 RLC 13346 b
532	532
533	533
534	534	HB0074- 15 -LRB104 03324 RLC 13346 b HB0074 - 15 - LRB104 03324 RLC 13346 b
535	535	HB0074 - 15 - LRB104 03324 RLC 13346 b
536	536	1 requested by the victim's parents or legal guardian, the court
537	537	2 shall notify the victim's parents or legal guardian of the
538	538	3 test results. The court shall provide information on the
539	539	4 availability of HIV testing and counseling at Department of
540	540	5 Public Health facilities to all parties to whom the results of
541	541	6 the testing are revealed and shall direct the State's Attorney
542	542	7 to provide the information to the victim when possible. The
543	543	8 court shall order that the cost of any such test shall be paid
544	544	9 by the county and may be taxed as costs against the convicted
545	545	10 defendant.
546	546	11 (g-5) When an inmate is tested for an airborne
547	547	12 communicable disease, as determined by the Illinois Department
548	548	13 of Public Health, including, but not limited to, tuberculosis,
549	549	14 the results of the test shall be personally delivered by the
550	550	15 warden or his or her designee in a sealed envelope to the judge
551	551	16 of the court in which the inmate must appear for the judge's
552	552	17 inspection in camera if requested by the judge. Acting in
553	553	18 accordance with the best interests of those in the courtroom,
554	554	19 the judge shall have the discretion to determine what if any
555	555	20 precautions need to be taken to prevent transmission of the
556	556	21 disease in the courtroom.
557	557	22 (h) Whenever a defendant is convicted of an offense under
558	558	23 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
559	559	24 defendant shall undergo medical testing to determine whether
560	560	25 the defendant has been exposed to human immunodeficiency virus
561	561	26 (HIV) or any other identified causative agent of acquired
562	562
563	563
564	564
565	565
566	566
567	567	HB0074 - 15 - LRB104 03324 RLC 13346 b
568	568
569	569
570	570	HB0074- 16 -LRB104 03324 RLC 13346 b HB0074 - 16 - LRB104 03324 RLC 13346 b
571	571	HB0074 - 16 - LRB104 03324 RLC 13346 b
572	572	1 immunodeficiency syndrome (AIDS). Except as otherwise provided
573	573	2 by law, the results of such test shall be kept strictly
574	574	3 confidential by all medical personnel involved in the testing
575	575	4 and must be personally delivered in a sealed envelope to the
576	576	5 judge of the court in which the conviction was entered for the
577	577	6 judge's inspection in camera. Acting in accordance with the
578	578	7 best interests of the public, the judge shall have the
579	579	8 discretion to determine to whom, if anyone, the results of the
580	580	9 testing may be revealed. The court shall notify the defendant
581	581	10 of a positive test showing an infection with the human
582	582	11 immunodeficiency virus (HIV). The court shall provide
583	583	12 information on the availability of HIV testing and counseling
584	584	13 at Department of Public Health facilities to all parties to
585	585	14 whom the results of the testing are revealed and shall direct
586	586	15 the State's Attorney to provide the information to the victim
587	587	16 when possible. The court shall order that the cost of any such
588	588	17 test shall be paid by the county and may be taxed as costs
589	589	18 against the convicted defendant.
590	590	19 (i) All fines and penalties imposed under this Section for
591	591	20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
592	592	21 Vehicle Code, or a similar provision of a local ordinance, and
593	593	22 any violation of the Child Passenger Protection Act, or a
594	594	23 similar provision of a local ordinance, shall be collected and
595	595	24 disbursed by the circuit clerk as provided under the Criminal
596	596	25 and Traffic Assessment Act.
597	597	26 (j) In cases when prosecution for any violation of Section
598	598
599	599
600	600
601	601
602	602
603	603	HB0074 - 16 - LRB104 03324 RLC 13346 b
604	604
605	605
606	606	HB0074- 17 -LRB104 03324 RLC 13346 b HB0074 - 17 - LRB104 03324 RLC 13346 b
607	607	HB0074 - 17 - LRB104 03324 RLC 13346 b
608	608	1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
609	609	2 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
610	610	3 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
611	611	4 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
612	612	5 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
613	613	6 Code of 2012, any violation of the Illinois Controlled
614	614	7 Substances Act, any violation of the Cannabis Control Act, or
615	615	8 any violation of the Methamphetamine Control and Community
616	616	9 Protection Act results in conviction, a disposition of court
617	617	10 supervision, or an order of probation granted under Section 10
618	618	11 of the Cannabis Control Act, Section 410 of the Illinois
619	619	12 Controlled Substances Act, or Section 70 of the
620	620	13 Methamphetamine Control and Community Protection Act of a
621	621	14 defendant, the court shall determine whether the defendant is
622	622	15 employed by a facility or center as defined under the Child
623	623	16 Care Act of 1969, a public or private elementary or secondary
624	624	17 school, or otherwise works with children under 18 years of age
625	625	18 on a daily basis. When a defendant is so employed, the court
626	626	19 shall order the Clerk of the Court to send a copy of the
627	627	20 judgment of conviction or order of supervision or probation to
628	628	21 the defendant's employer by certified mail. If the employer of
629	629	22 the defendant is a school, the Clerk of the Court shall direct
630	630	23 the mailing of a copy of the judgment of conviction or order of
631	631	24 supervision or probation to the appropriate regional
632	632	25 superintendent of schools. The regional superintendent of
633	633	26 schools shall notify the State Board of Education of any
634	634
635	635
636	636
637	637
638	638
639	639	HB0074 - 17 - LRB104 03324 RLC 13346 b
640	640
641	641
642	642	HB0074- 18 -LRB104 03324 RLC 13346 b HB0074 - 18 - LRB104 03324 RLC 13346 b
643	643	HB0074 - 18 - LRB104 03324 RLC 13346 b
644	644	1 notification under this subsection.
645	645	2 (j-5) A defendant at least 17 years of age who is convicted
646	646	3 of a felony and who has not been previously convicted of a
647	647	4 misdemeanor or felony and who is sentenced to a term of
648	648	5 imprisonment in the Illinois Department of Corrections shall
649	649	6 as a condition of his or her sentence be required by the court
650	650	7 to attend educational courses designed to prepare the
651	651	8 defendant for a high school diploma and to work toward a high
652	652	9 school diploma or to work toward passing high school
653	653	10 equivalency testing or to work toward completing a vocational
654	654	11 training program offered by the Department of Corrections. If
655	655	12 a defendant fails to complete the educational training
656	656	13 required by his or her sentence during the term of
657	657	14 incarceration, the Prisoner Review Board shall, as a condition
658	658	15 of mandatory supervised release, require the defendant, at his
659	659	16 or her own expense, to pursue a course of study toward a high
660	660	17 school diploma or passage of high school equivalency testing.
661	661	18 The Prisoner Review Board shall revoke the mandatory
662	662	19 supervised release of a defendant who wilfully fails to comply
663	663	20 with this subsection (j-5) upon his or her release from
664	664	21 confinement in a penal institution while serving a mandatory
665	665	22 supervised release term; however, the inability of the
666	666	23 defendant after making a good faith effort to obtain financial
667	667	24 aid or pay for the educational training shall not be deemed a
668	668	25 wilful failure to comply. The Prisoner Review Board shall
669	669	26 recommit the defendant whose mandatory supervised release term
670	670
671	671
672	672
673	673
674	674
675	675	HB0074 - 18 - LRB104 03324 RLC 13346 b
676	676
677	677
678	678	HB0074- 19 -LRB104 03324 RLC 13346 b HB0074 - 19 - LRB104 03324 RLC 13346 b
679	679	HB0074 - 19 - LRB104 03324 RLC 13346 b
680	680	1 has been revoked under this subsection (j-5) as provided in
681	681	2 Section 3-3-9. This subsection (j-5) does not apply to a
682	682	3 defendant who has a high school diploma or has successfully
683	683	4 passed high school equivalency testing. This subsection (j-5)
684	684	5 does not apply to a defendant who is determined by the court to
685	685	6 be a person with a developmental disability or otherwise
686	686	7 mentally incapable of completing the educational or vocational
687	687	8 program.
688	688	9 (k) (Blank).
689	689	10 (l)(A) Except as provided in paragraph (C) of subsection
690	690	11 (l), whenever a defendant, who is not a citizen or national of
691	691	12 the United States, is convicted of any felony or misdemeanor
692	692	13 offense, the court after sentencing the defendant may, upon
693	693	14 motion of the State's Attorney, hold sentence in abeyance and
694	694	15 remand the defendant to the custody of the Attorney General of
695	695	16 the United States or his or her designated agent to be deported
696	696	17 when:
697	697	18 (1) a final order of deportation has been issued
698	698	19 against the defendant pursuant to proceedings under the
699	699	20 Immigration and Nationality Act, and
700	700	21 (2) the deportation of the defendant would not
701	701	22 deprecate the seriousness of the defendant's conduct and
702	702	23 would not be inconsistent with the ends of justice.
703	703	24 Otherwise, the defendant shall be sentenced as provided in
704	704	25 this Chapter V.
705	705	26 (B) If the defendant has already been sentenced for a
706	706
707	707
708	708
709	709
710	710
711	711	HB0074 - 19 - LRB104 03324 RLC 13346 b
712	712
713	713
714	714	HB0074- 20 -LRB104 03324 RLC 13346 b HB0074 - 20 - LRB104 03324 RLC 13346 b
715	715	HB0074 - 20 - LRB104 03324 RLC 13346 b
716	716	1 felony or misdemeanor offense, or has been placed on probation
717	717	2 under Section 10 of the Cannabis Control Act, Section 410 of
718	718	3 the Illinois Controlled Substances Act, or Section 70 of the
719	719	4 Methamphetamine Control and Community Protection Act, the
720	720	5 court may, upon motion of the State's Attorney to suspend the
721	721	6 sentence imposed, commit the defendant to the custody of the
722	722	7 Attorney General of the United States or his or her designated
723	723	8 agent when:
724	724	9 (1) a final order of deportation has been issued
725	725	10 against the defendant pursuant to proceedings under the
726	726	11 Immigration and Nationality Act, and
727	727	12 (2) the deportation of the defendant would not
728	728	13 deprecate the seriousness of the defendant's conduct and
729	729	14 would not be inconsistent with the ends of justice.
730	730	15 (C) This subsection (l) does not apply to offenders who
731	731	16 are subject to the provisions of paragraph (2) of subsection
732	732	17 (a) of Section 3-6-3.
733	733	18 (D) Upon motion of the State's Attorney, if a defendant
734	734	19 sentenced under this Section returns to the jurisdiction of
735	735	20 the United States, the defendant shall be recommitted to the
736	736	21 custody of the county from which he or she was sentenced.
737	737	22 Thereafter, the defendant shall be brought before the
738	738	23 sentencing court, which may impose any sentence that was
739	739	24 available under Section 5-5-3 at the time of initial
740	740	25 sentencing. In addition, the defendant shall not be eligible
741	741	26 for additional earned sentence credit as provided under
742	742
743	743
744	744
745	745
746	746
747	747	HB0074 - 20 - LRB104 03324 RLC 13346 b
748	748
749	749
750	750	HB0074- 21 -LRB104 03324 RLC 13346 b HB0074 - 21 - LRB104 03324 RLC 13346 b
751	751	HB0074 - 21 - LRB104 03324 RLC 13346 b
752	752	1 Section 3-6-3.
753	753	2 (m) A person convicted of criminal defacement of property
754	754	3 under Section 21-1.3 of the Criminal Code of 1961 or the
755	755	4 Criminal Code of 2012, in which the property damage exceeds
756	756	5 $300 and the property damaged is a school building, shall be
757	757	6 ordered to perform community service that may include cleanup,
758	758	7 removal, or painting over the defacement.
759	759	8 (n) The court may sentence a person convicted of a
760	760	9 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
761	761	10 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
762	762	11 of 1961 or the Criminal Code of 2012 (i) to an impact
763	763	12 incarceration program if the person is otherwise eligible for
764	764	13 that program under Section 5-8-1.1, (ii) to community service,
765	765	14 or (iii) if the person has a substance use disorder, as defined
766	766	15 in the Substance Use Disorder Act, to a treatment program
767	767	16 licensed under that Act.
768	768	17 (o) Whenever a person is convicted of a sex offense as
769	769	18 defined in Section 2 of the Sex Offender Registration Act, the
770	770	19 defendant's driver's license or permit shall be subject to
771	771	20 renewal on an annual basis in accordance with the provisions
772	772	21 of license renewal established by the Secretary of State.
773	773	22 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
774	774	23 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
775	775	24 1-1-24.)
776	776	25 (Text of Section after amendment by P.A. 103-825)
777	777
778	778
779	779
780	780
781	781
782	782	HB0074 - 21 - LRB104 03324 RLC 13346 b
783	783
784	784
785	785	HB0074- 22 -LRB104 03324 RLC 13346 b HB0074 - 22 - LRB104 03324 RLC 13346 b
786	786	HB0074 - 22 - LRB104 03324 RLC 13346 b
787	787	1 Sec. 5-5-3. Disposition.
788	788	2 (a) (Blank).
789	789	3 (b) (Blank).
790	790	4 (c)(1) (Blank).
791	791	5 (2) A period of probation, a term of periodic imprisonment
792	792	6 or conditional discharge shall not be imposed for the
793	793	7 following offenses. The court shall sentence the offender to
794	794	8 not less than the minimum term of imprisonment set forth in
795	795	9 this Code for the following offenses, and may order a fine or
796	796	10 restitution or both in conjunction with such term of
797	797	11 imprisonment:
798	798	12 (A) First degree murder.
799	799	13 (B) Attempted first degree murder.
800	800	14 (C) A Class X felony.
801	801	15 (D) A violation of Section 401.1 or 407 of the
802	802	16 Illinois Controlled Substances Act, or a violation of
803	803	17 subdivision (c)(1.5) of Section 401 of that Act which
804	804	18 relates to more than 5 grams of a substance containing
805	805	19 fentanyl or an analog thereof.
806	806	20 (D-5) A violation of subdivision (c)(1) of Section 401
807	807	21 of the Illinois Controlled Substances Act which relates to
808	808	22 3 or more grams of a substance containing heroin or an
809	809	23 analog thereof.
810	810	24 (E) (Blank).
811	811	25 (F) A Class 1 or greater felony if the offender had
812	812	26 been convicted of a Class 1 or greater felony, including
813	813
814	814
815	815
816	816
817	817
818	818	HB0074 - 22 - LRB104 03324 RLC 13346 b
819	819
820	820
821	821	HB0074- 23 -LRB104 03324 RLC 13346 b HB0074 - 23 - LRB104 03324 RLC 13346 b
822	822	HB0074 - 23 - LRB104 03324 RLC 13346 b
823	823	1 any state or federal conviction for an offense that
824	824	2 contained, at the time it was committed, the same elements
825	825	3 as an offense now (the date of the offense committed after
826	826	4 the prior Class 1 or greater felony) classified as a Class
827	827	5 1 or greater felony, within 10 years of the date on which
828	828	6 the offender committed the offense for which he or she is
829	829	7 being sentenced, except as otherwise provided in Section
830	830	8 40-10 of the Substance Use Disorder Act.
831	831	9 (F-3) A Class 2 or greater felony sex offense or
832	832	10 felony firearm offense if the offender had been convicted
833	833	11 of a Class 2 or greater felony, including any state or
834	834	12 federal conviction for an offense that contained, at the
835	835	13 time it was committed, the same elements as an offense now
836	836	14 (the date of the offense committed after the prior Class 2
837	837	15 or greater felony) classified as a Class 2 or greater
838	838	16 felony, within 10 years of the date on which the offender
839	839	17 committed the offense for which he or she is being
840	840	18 sentenced, except as otherwise provided in Section 40-10
841	841	19 of the Substance Use Disorder Act.
842	842	20 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
843	843	21 of the Criminal Code of 1961 or the Criminal Code of 2012
844	844	22 for which imprisonment is prescribed in those Sections.
845	845	23 (G) Residential burglary, except as otherwise provided
846	846	24 in Section 40-10 of the Substance Use Disorder Act.
847	847	25 (H) Criminal sexual assault.
848	848	26 (I) Aggravated battery of a senior citizen as
849	849
850	850
851	851
852	852
853	853
854	854	HB0074 - 23 - LRB104 03324 RLC 13346 b
855	855
856	856
857	857	HB0074- 24 -LRB104 03324 RLC 13346 b HB0074 - 24 - LRB104 03324 RLC 13346 b
858	858	HB0074 - 24 - LRB104 03324 RLC 13346 b
859	859	1 described in Section 12-4.6 or subdivision (a)(4) of
860	860	2 Section 12-3.05 of the Criminal Code of 1961 or the
861	861	3 Criminal Code of 2012.
862	862	4 (J) A forcible felony if the offense was related to
863	863	5 the activities of an organized gang.
864	864	6 Before July 1, 1994, for the purposes of this
865	865	7 paragraph, "organized gang" means an association of 5 or
866	866	8 more persons, with an established hierarchy, that
867	867	9 encourages members of the association to perpetrate crimes
868	868	10 or provides support to the members of the association who
869	869	11 do commit crimes.
870	870	12 Beginning July 1, 1994, for the purposes of this
871	871	13 paragraph, "organized gang" has the meaning ascribed to it
872	872	14 in Section 10 of the Illinois Streetgang Terrorism Omnibus
873	873	15 Prevention Act.
874	874	16 (K) Vehicular hijacking.
875	875	17 (L) A second or subsequent conviction for the offense
876	876	18 of hate crime when the underlying offense upon which the
877	877	19 hate crime is based is felony aggravated assault or felony
878	878	20 mob action.
879	879	21 (M) A second or subsequent conviction for the offense
880	880	22 of institutional vandalism if the damage to the property
881	881	23 exceeds $300.
882	882	24 (N) A Class 3 felony violation of paragraph (1) of
883	883	25 subsection (a) of Section 2 of the Firearm Owners
884	884	26 Identification Card Act.
885	885
886	886
887	887
888	888
889	889
890	890	HB0074 - 24 - LRB104 03324 RLC 13346 b
891	891
892	892
893	893	HB0074- 25 -LRB104 03324 RLC 13346 b HB0074 - 25 - LRB104 03324 RLC 13346 b
894	894	HB0074 - 25 - LRB104 03324 RLC 13346 b
895	895	1 (O) A violation of Section 12-6.1 or 12-6.5 of the
896	896	2 Criminal Code of 1961 or the Criminal Code of 2012.
897	897	3 (P) A violation of paragraph (1), (2), (3), (4), (5),
898	898	4 or (7) of subsection (a) of Section 11-20.1 of the
899	899	5 Criminal Code of 1961 or the Criminal Code of 2012.
900	900	6 (P-5) A violation of paragraph (6) of subsection (a)
901	901	7 of Section 11-20.1 of the Criminal Code of 1961 or the
902	902	8 Criminal Code of 2012 if the victim is a household or
903	903	9 family member of the defendant.
904	904	10 (P-6) A violation of paragraph (2) of subsection (b)
905	905	11 of Section 11-20.4 of the Criminal Code of 2012.
906	906	12 (Q) A violation of subsection (b) or (b-5) of Section
907	907	13 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
908	908	14 Code of 1961 or the Criminal Code of 2012.
909	909	15 (R) A violation of Section 24-3A of the Criminal Code
910	910	16 of 1961 or the Criminal Code of 2012.
911	911	17 (S) (Blank).
912	912	18 (T) (Blank).
913	913	19 (U) A second or subsequent violation of Section 6-303
914	914	20 of the Illinois Vehicle Code committed while his or her
915	915	21 driver's license, permit, or privilege was revoked because
916	916	22 of a violation of Section 9-3 of the Criminal Code of 1961
917	917	23 or the Criminal Code of 2012, relating to the offense of
918	918	24 reckless homicide, or a similar provision of a law of
919	919	25 another state.
920	920	26 (V) A violation of paragraph (4) of subsection (c) of
921	921
922	922
923	923
924	924
925	925
926	926	HB0074 - 25 - LRB104 03324 RLC 13346 b
927	927
928	928
929	929	HB0074- 26 -LRB104 03324 RLC 13346 b HB0074 - 26 - LRB104 03324 RLC 13346 b
930	930	HB0074 - 26 - LRB104 03324 RLC 13346 b
931	931	1 Section 11-20.1B or paragraph (4) of subsection (c) of
932	932	2 Section 11-20.3 of the Criminal Code of 1961, or paragraph
933	933	3 (6) of subsection (a) of Section 11-20.1 of the Criminal
934	934	4 Code of 2012 when the victim is under 13 years of age and
935	935	5 the defendant has previously been convicted under the laws
936	936	6 of this State or any other state of the offense of child
937	937	7 pornography, aggravated child pornography, aggravated
938	938	8 criminal sexual abuse, aggravated criminal sexual assault,
939	939	9 predatory criminal sexual assault of a child, or any of
940	940	10 the offenses formerly known as rape, deviate sexual
941	941	11 assault, indecent liberties with a child, or aggravated
942	942	12 indecent liberties with a child where the victim was under
943	943	13 the age of 18 years or an offense that is substantially
944	944	14 equivalent to those offenses.
945	945	15 (V-5) A violation of paragraph (1) of subsection (b)
946	946	16 of Section 11-20.4 of the Criminal Code of 2012 when the
947	947	17 victim is under 13 years of age and the defendant has
948	948	18 previously been convicted under the laws of this State or
949	949	19 any other state of the offense of child pornography,
950	950	20 aggravated child pornography, aggravated criminal sexual
951	951	21 abuse, aggravated criminal sexual assault, predatory
952	952	22 criminal sexual assault of a child, or any of the offenses
953	953	23 formerly known as rape, deviate sexual assault, indecent
954	954	24 liberties with a child, or aggravated indecent liberties
955	955	25 with a child if the victim was under the age of 18 years or
956	956	26 an offense that is substantially equivalent to those
957	957
958	958
959	959
960	960
961	961
962	962	HB0074 - 26 - LRB104 03324 RLC 13346 b
963	963
964	964
965	965	HB0074- 27 -LRB104 03324 RLC 13346 b HB0074 - 27 - LRB104 03324 RLC 13346 b
966	966	HB0074 - 27 - LRB104 03324 RLC 13346 b
967	967	1 offenses.
968	968	2 (W) A violation of Section 24-3.5 of the Criminal Code
969	969	3 of 1961 or the Criminal Code of 2012.
970	970	4 (X) A violation of subsection (a) of Section 31-1a of
971	971	5 the Criminal Code of 1961 or the Criminal Code of 2012.
972	972	6 (Y) A conviction for unlawful possession of a firearm
973	973	7 by a street gang member when the firearm was loaded or
974	974	8 contained firearm ammunition.
975	975	9 (Z) A Class 1 felony committed while he or she was
976	976	10 serving a term of probation or conditional discharge for a
977	977	11 felony.
978	978	12 (AA) Theft of property exceeding $500,000 and not
979	979	13 exceeding $1,000,000 in value.
980	980	14 (BB) Laundering of criminally derived property of a
981	981	15 value exceeding $500,000.
982	982	16 (CC) Knowingly selling, offering for sale, holding for
983	983	17 sale, or using 2,000 or more counterfeit items or
984	984	18 counterfeit items having a retail value in the aggregate
985	985	19 of $500,000 or more.
986	986	20 (DD) A conviction for aggravated assault under
987	987	21 paragraph (6) of subsection (c) of Section 12-2 of the
988	988	22 Criminal Code of 1961 or the Criminal Code of 2012 if the
989	989	23 firearm is aimed toward the person against whom the
990	990	24 firearm is being used.
991	991	25 (EE) A conviction for a violation of paragraph (2) of
992	992	26 subsection (a) of Section 24-3B of the Criminal Code of
993	993
994	994
995	995
996	996
997	997
998	998	HB0074 - 27 - LRB104 03324 RLC 13346 b
999	999
1000	1000
1001	1001	HB0074- 28 -LRB104 03324 RLC 13346 b HB0074 - 28 - LRB104 03324 RLC 13346 b
1002	1002	HB0074 - 28 - LRB104 03324 RLC 13346 b
1003	1003	1 2012.
1004	1004	2 (FF) A felony offense that requires registration under
1005	1005	3 the Sex Offender Registration Act.
1006	1006	4 (3) (Blank).
1007	1007	5 (4) A minimum term of imprisonment of not less than 10
1008	1008	6 consecutive days or 30 days of community service shall be
1009	1009	7 imposed for a violation of paragraph (c) of Section 6-303 of
1010	1010	8 the Illinois Vehicle Code.
1011	1011	9 (4.1) (Blank).
1012	1012	10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1013	1013	11 this subsection (c), a minimum of 100 hours of community
1014	1014	12 service shall be imposed for a second violation of Section
1015	1015	13 6-303 of the Illinois Vehicle Code.
1016	1016	14 (4.3) A minimum term of imprisonment of 30 days or 300
1017	1017	15 hours of community service, as determined by the court, shall
1018	1018	16 be imposed for a second violation of subsection (c) of Section
1019	1019	17 6-303 of the Illinois Vehicle Code.
1020	1020	18 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1021	1021	19 (4.9) of this subsection (c), a minimum term of imprisonment
1022	1022	20 of 30 days or 300 hours of community service, as determined by
1023	1023	21 the court, shall be imposed for a third or subsequent
1024	1024	22 violation of Section 6-303 of the Illinois Vehicle Code. The
1025	1025	23 court may give credit toward the fulfillment of community
1026	1026	24 service hours for participation in activities and treatment as
1027	1027	25 determined by court services.
1028	1028	26 (4.5) A minimum term of imprisonment of 30 days shall be
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034	HB0074 - 28 - LRB104 03324 RLC 13346 b
1035	1035
1036	1036
1037	1037	HB0074- 29 -LRB104 03324 RLC 13346 b HB0074 - 29 - LRB104 03324 RLC 13346 b
1038	1038	HB0074 - 29 - LRB104 03324 RLC 13346 b
1039	1039	1 imposed for a third violation of subsection (c) of Section
1040	1040	2 6-303 of the Illinois Vehicle Code.
1041	1041	3 (4.6) Except as provided in paragraph (4.10) of this
1042	1042	4 subsection (c), a minimum term of imprisonment of 180 days
1043	1043	5 shall be imposed for a fourth or subsequent violation of
1044	1044	6 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1045	1045	7 (4.7) A minimum term of imprisonment of not less than 30
1046	1046	8 consecutive days, or 300 hours of community service, shall be
1047	1047	9 imposed for a violation of subsection (a-5) of Section 6-303
1048	1048	10 of the Illinois Vehicle Code, as provided in subsection (b-5)
1049	1049	11 of that Section.
1050	1050	12 (4.8) A mandatory prison sentence shall be imposed for a
1051	1051	13 second violation of subsection (a-5) of Section 6-303 of the
1052	1052	14 Illinois Vehicle Code, as provided in subsection (c-5) of that
1053	1053	15 Section. The person's driving privileges shall be revoked for
1054	1054	16 a period of not less than 5 years from the date of his or her
1055	1055	17 release from prison.
1056	1056	18 (4.9) A mandatory prison sentence of not less than 4 and
1057	1057	19 not more than 15 years shall be imposed for a third violation
1058	1058	20 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1059	1059	21 Code, as provided in subsection (d-2.5) of that Section. The
1060	1060	22 person's driving privileges shall be revoked for the remainder
1061	1061	23 of his or her life.
1062	1062	24 (4.10) A mandatory prison sentence for a Class 1 felony
1063	1063	25 shall be imposed, and the person shall be eligible for an
1064	1064	26 extended term sentence, for a fourth or subsequent violation
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070	HB0074 - 29 - LRB104 03324 RLC 13346 b
1071	1071
1072	1072
1073	1073	HB0074- 30 -LRB104 03324 RLC 13346 b HB0074 - 30 - LRB104 03324 RLC 13346 b
1074	1074	HB0074 - 30 - LRB104 03324 RLC 13346 b
1075	1075	1 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1076	1076	2 Code, as provided in subsection (d-3.5) of that Section. The
1077	1077	3 person's driving privileges shall be revoked for the remainder
1078	1078	4 of his or her life.
1079	1079	5 (5) The court may sentence a corporation or unincorporated
1080	1080	6 association convicted of any offense to:
1081	1081	7 (A) a period of conditional discharge;
1082	1082	8 (B) a fine;
1083	1083	9 (C) make restitution to the victim under Section 5-5-6
1084	1084	10 of this Code.
1085	1085	11 (5.1) In addition to any other penalties imposed, and
1086	1086	12 except as provided in paragraph (5.2) or (5.3), a person
1087	1087	13 convicted of violating subsection (c) of Section 11-907 of the
1088	1088	14 Illinois Vehicle Code shall have his or her driver's license,
1089	1089	15 permit, or privileges suspended for at least 90 days but not
1090	1090	16 more than one year, if the violation resulted in damage to the
1091	1091	17 property of another person.
1092	1092	18 (5.2) In addition to any other penalties imposed, and
1093	1093	19 except as provided in paragraph (5.3), a person convicted of
1094	1094	20 violating subsection (c) of Section 11-907 of the Illinois
1095	1095	21 Vehicle Code shall have his or her driver's license, permit,
1096	1096	22 or privileges suspended for at least 180 days but not more than
1097	1097	23 2 years, if the violation resulted in injury to another
1098	1098	24 person.
1099	1099	25 (5.3) In addition to any other penalties imposed, a person
1100	1100	26 convicted of violating subsection (c) of Section 11-907 of the
1101	1101
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106	HB0074 - 30 - LRB104 03324 RLC 13346 b
1107	1107
1108	1108
1109	1109	HB0074- 31 -LRB104 03324 RLC 13346 b HB0074 - 31 - LRB104 03324 RLC 13346 b
1110	1110	HB0074 - 31 - LRB104 03324 RLC 13346 b
1111	1111	1 Illinois Vehicle Code shall have his or her driver's license,
1112	1112	2 permit, or privileges suspended for 2 years, if the violation
1113	1113	3 resulted in the death of another person.
1114	1114	4 (5.4) In addition to any other penalties imposed, a person
1115	1115	5 convicted of violating Section 3-707 of the Illinois Vehicle
1116	1116	6 Code shall have his or her driver's license, permit, or
1117	1117	7 privileges suspended for 3 months and until he or she has paid
1118	1118	8 a reinstatement fee of $100.
1119	1119	9 (5.5) In addition to any other penalties imposed, a person
1120	1120	10 convicted of violating Section 3-707 of the Illinois Vehicle
1121	1121	11 Code during a period in which his or her driver's license,
1122	1122	12 permit, or privileges were suspended for a previous violation
1123	1123	13 of that Section shall have his or her driver's license,
1124	1124	14 permit, or privileges suspended for an additional 6 months
1125	1125	15 after the expiration of the original 3-month suspension and
1126	1126	16 until he or she has paid a reinstatement fee of $100.
1127	1127	17 (6) (Blank).
1128	1128	18 (7) (Blank).
1129	1129	19 (8) (Blank).
1130	1130	20 (9) A defendant convicted of a second or subsequent
1131	1131	21 offense of ritualized abuse of a child may be sentenced to a
1132	1132	22 term of natural life imprisonment.
1133	1133	23 (10) (Blank).
1134	1134	24 (11) The court shall impose a minimum fine of $1,000 for a
1135	1135	25 first offense and $2,000 for a second or subsequent offense
1136	1136	26 upon a person convicted of or placed on supervision for
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142	HB0074 - 31 - LRB104 03324 RLC 13346 b
1143	1143
1144	1144
1145	1145	HB0074- 32 -LRB104 03324 RLC 13346 b HB0074 - 32 - LRB104 03324 RLC 13346 b
1146	1146	HB0074 - 32 - LRB104 03324 RLC 13346 b
1147	1147	1 battery when the individual harmed was a sports official or
1148	1148	2 coach at any level of competition and the act causing harm to
1149	1149	3 the sports official or coach occurred within an athletic
1150	1150	4 facility or within the immediate vicinity of the athletic
1151	1151	5 facility at which the sports official or coach was an active
1152	1152	6 participant of the athletic contest held at the athletic
1153	1153	7 facility. For the purposes of this paragraph (11), "sports
1154	1154	8 official" means a person at an athletic contest who enforces
1155	1155	9 the rules of the contest, such as an umpire or referee;
1156	1156	10 "athletic facility" means an indoor or outdoor playing field
1157	1157	11 or recreational area where sports activities are conducted;
1158	1158	12 and "coach" means a person recognized as a coach by the
1159	1159	13 sanctioning authority that conducted the sporting event.
1160	1160	14 (12) A person may not receive a disposition of court
1161	1161	15 supervision for a violation of Section 5-16 of the Boat
1162	1162	16 Registration and Safety Act if that person has previously
1163	1163	17 received a disposition of court supervision for a violation of
1164	1164	18 that Section.
1165	1165	19 (13) A person convicted of or placed on court supervision
1166	1166	20 for an assault or aggravated assault when the victim and the
1167	1167	21 offender are family or household members as defined in Section
1168	1168	22 103 of the Illinois Domestic Violence Act of 1986 or convicted
1169	1169	23 of domestic battery or aggravated domestic battery may be
1170	1170	24 required to attend a Partner Abuse Intervention Program under
1171	1171	25 protocols set forth by the Illinois Department of Human
1172	1172	26 Services under such terms and conditions imposed by the court.
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	HB0074 - 32 - LRB104 03324 RLC 13346 b
1179	1179
1180	1180
1181	1181	HB0074- 33 -LRB104 03324 RLC 13346 b HB0074 - 33 - LRB104 03324 RLC 13346 b
1182	1182	HB0074 - 33 - LRB104 03324 RLC 13346 b
1183	1183	1 The costs of such classes shall be paid by the offender.
1184	1184	2 (d) In any case in which a sentence originally imposed is
1185	1185	3 vacated, the case shall be remanded to the trial court. The
1186	1186	4 trial court shall hold a hearing under Section 5-4-1 of this
1187	1187	5 Code which may include evidence of the defendant's life, moral
1188	1188	6 character and occupation during the time since the original
1189	1189	7 sentence was passed. The trial court shall then impose
1190	1190	8 sentence upon the defendant. The trial court may impose any
1191	1191	9 sentence which could have been imposed at the original trial
1192	1192	10 subject to Section 5-5-4 of this Code. If a sentence is vacated
1193	1193	11 on appeal or on collateral attack due to the failure of the
1194	1194	12 trier of fact at trial to determine beyond a reasonable doubt
1195	1195	13 the existence of a fact (other than a prior conviction)
1196	1196	14 necessary to increase the punishment for the offense beyond
1197	1197	15 the statutory maximum otherwise applicable, either the
1198	1198	16 defendant may be re-sentenced to a term within the range
1199	1199	17 otherwise provided or, if the State files notice of its
1200	1200	18 intention to again seek the extended sentence, the defendant
1201	1201	19 shall be afforded a new trial.
1202	1202	20 (e) In cases where prosecution for aggravated criminal
1203	1203	21 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1204	1204	22 Code of 1961 or the Criminal Code of 2012 results in conviction
1205	1205	23 of a defendant who was a family member of the victim at the
1206	1206	24 time of the commission of the offense, the court shall
1207	1207	25 consider the safety and welfare of the victim and may impose a
1208	1208	26 sentence of probation only where:
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	HB0074 - 33 - LRB104 03324 RLC 13346 b
1215	1215
1216	1216
1217	1217	HB0074- 34 -LRB104 03324 RLC 13346 b HB0074 - 34 - LRB104 03324 RLC 13346 b
1218	1218	HB0074 - 34 - LRB104 03324 RLC 13346 b
1219	1219	1 (1) the court finds (A) or (B) or both are
1220	1220	2 appropriate:
1221	1221	3 (A) the defendant is willing to undergo a court
1222	1222	4 approved counseling program for a minimum duration of
1223	1223	5 2 years; or
1224	1224	6 (B) the defendant is willing to participate in a
1225	1225	7 court approved plan, including, but not limited to,
1226	1226	8 the defendant's:
1227	1227	9 (i) removal from the household;
1228	1228	10 (ii) restricted contact with the victim;
1229	1229	11 (iii) continued financial support of the
1230	1230	12 family;
1231	1231	13 (iv) restitution for harm done to the victim;
1232	1232	14 and
1233	1233	15 (v) compliance with any other measures that
1234	1234	16 the court may deem appropriate; and
1235	1235	17 (2) the court orders the defendant to pay for the
1236	1236	18 victim's counseling services, to the extent that the court
1237	1237	19 finds, after considering the defendant's income and
1238	1238	20 assets, that the defendant is financially capable of
1239	1239	21 paying for such services, if the victim was under 18 years
1240	1240	22 of age at the time the offense was committed and requires
1241	1241	23 counseling as a result of the offense.
1242	1242	24 Probation may be revoked or modified pursuant to Section
1243	1243	25 5-6-4; except where the court determines at the hearing that
1244	1244	26 the defendant violated a condition of his or her probation
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250	HB0074 - 34 - LRB104 03324 RLC 13346 b
1251	1251
1252	1252
1253	1253	HB0074- 35 -LRB104 03324 RLC 13346 b HB0074 - 35 - LRB104 03324 RLC 13346 b
1254	1254	HB0074 - 35 - LRB104 03324 RLC 13346 b
1255	1255	1 restricting contact with the victim or other family members or
1256	1256	2 commits another offense with the victim or other family
1257	1257	3 members, the court shall revoke the defendant's probation and
1258	1258	4 impose a term of imprisonment.
1259	1259	5 For the purposes of this Section, "family member" and
1260	1260	6 "victim" shall have the meanings ascribed to them in Section
1261	1261	7 11-0.1 of the Criminal Code of 2012.
1262	1262	8 (f) (Blank).
1263	1263	9 (g) Whenever a defendant is convicted of an offense under
1264	1264	10 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1265	1265	11 11-14.3, 11-14.4 except for an offense that involves keeping a
1266	1266	12 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1267	1267	13 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1268	1268	14 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1269	1269	15 Criminal Code of 2012, the defendant shall undergo medical
1270	1270	16 testing to determine whether the defendant has any sexually
1271	1271	17 transmissible disease, including a test for infection with
1272	1272	18 human immunodeficiency virus (HIV) or any other identified
1273	1273	19 causative agent of acquired immunodeficiency syndrome (AIDS).
1274	1274	20 Any such medical test shall be performed only by appropriately
1275	1275	21 licensed medical practitioners and may include an analysis of
1276	1276	22 any bodily fluids as well as an examination of the defendant's
1277	1277	23 person. Except as otherwise provided by law, the results of
1278	1278	24 such test shall be kept strictly confidential by all medical
1279	1279	25 personnel involved in the testing and must be personally
1280	1280	26 delivered in a sealed envelope to the judge of the court in
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286	HB0074 - 35 - LRB104 03324 RLC 13346 b
1287	1287
1288	1288
1289	1289	HB0074- 36 -LRB104 03324 RLC 13346 b HB0074 - 36 - LRB104 03324 RLC 13346 b
1290	1290	HB0074 - 36 - LRB104 03324 RLC 13346 b
1291	1291	1 which the conviction was entered for the judge's inspection in
1292	1292	2 camera. Acting in accordance with the best interests of the
1293	1293	3 victim and the public, the judge shall have the discretion to
1294	1294	4 determine to whom, if anyone, the results of the testing may be
1295	1295	5 revealed. The court shall notify the defendant of the test
1296	1296	6 results. The court shall also notify the victim if requested
1297	1297	7 by the victim, and if the victim is under the age of 15 and if
1298	1298	8 requested by the victim's parents or legal guardian, the court
1299	1299	9 shall notify the victim's parents or legal guardian of the
1300	1300	10 test results. The court shall provide information on the
1301	1301	11 availability of HIV testing and counseling at Department of
1302	1302	12 Public Health facilities to all parties to whom the results of
1303	1303	13 the testing are revealed and shall direct the State's Attorney
1304	1304	14 to provide the information to the victim when possible. The
1305	1305	15 court shall order that the cost of any such test shall be paid
1306	1306	16 by the county and may be taxed as costs against the convicted
1307	1307	17 defendant.
1308	1308	18 (g-5) When an inmate is tested for an airborne
1309	1309	19 communicable disease, as determined by the Illinois Department
1310	1310	20 of Public Health, including, but not limited to, tuberculosis,
1311	1311	21 the results of the test shall be personally delivered by the
1312	1312	22 warden or his or her designee in a sealed envelope to the judge
1313	1313	23 of the court in which the inmate must appear for the judge's
1314	1314	24 inspection in camera if requested by the judge. Acting in
1315	1315	25 accordance with the best interests of those in the courtroom,
1316	1316	26 the judge shall have the discretion to determine what if any
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322	HB0074 - 36 - LRB104 03324 RLC 13346 b
1323	1323
1324	1324
1325	1325	HB0074- 37 -LRB104 03324 RLC 13346 b HB0074 - 37 - LRB104 03324 RLC 13346 b
1326	1326	HB0074 - 37 - LRB104 03324 RLC 13346 b
1327	1327	1 precautions need to be taken to prevent transmission of the
1328	1328	2 disease in the courtroom.
1329	1329	3 (h) Whenever a defendant is convicted of an offense under
1330	1330	4 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1331	1331	5 defendant shall undergo medical testing to determine whether
1332	1332	6 the defendant has been exposed to human immunodeficiency virus
1333	1333	7 (HIV) or any other identified causative agent of acquired
1334	1334	8 immunodeficiency syndrome (AIDS). Except as otherwise provided
1335	1335	9 by law, the results of such test shall be kept strictly
1336	1336	10 confidential by all medical personnel involved in the testing
1337	1337	11 and must be personally delivered in a sealed envelope to the
1338	1338	12 judge of the court in which the conviction was entered for the
1339	1339	13 judge's inspection in camera. Acting in accordance with the
1340	1340	14 best interests of the public, the judge shall have the
1341	1341	15 discretion to determine to whom, if anyone, the results of the
1342	1342	16 testing may be revealed. The court shall notify the defendant
1343	1343	17 of a positive test showing an infection with the human
1344	1344	18 immunodeficiency virus (HIV). The court shall provide
1345	1345	19 information on the availability of HIV testing and counseling
1346	1346	20 at Department of Public Health facilities to all parties to
1347	1347	21 whom the results of the testing are revealed and shall direct
1348	1348	22 the State's Attorney to provide the information to the victim
1349	1349	23 when possible. The court shall order that the cost of any such
1350	1350	24 test shall be paid by the county and may be taxed as costs
1351	1351	25 against the convicted defendant.
1352	1352	26 (i) All fines and penalties imposed under this Section for
1353	1353
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358	HB0074 - 37 - LRB104 03324 RLC 13346 b
1359	1359
1360	1360
1361	1361	HB0074- 38 -LRB104 03324 RLC 13346 b HB0074 - 38 - LRB104 03324 RLC 13346 b
1362	1362	HB0074 - 38 - LRB104 03324 RLC 13346 b
1363	1363	1 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1364	1364	2 Vehicle Code, or a similar provision of a local ordinance, and
1365	1365	3 any violation of the Child Passenger Protection Act, or a
1366	1366	4 similar provision of a local ordinance, shall be collected and
1367	1367	5 disbursed by the circuit clerk as provided under the Criminal
1368	1368	6 and Traffic Assessment Act.
1369	1369	7 (j) In cases when prosecution for any violation of Section
1370	1370	8 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1371	1371	9 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1372	1372	10 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1373	1373	11 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
1374	1374	12 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1375	1375	13 Criminal Code of 2012, any violation of the Illinois
1376	1376	14 Controlled Substances Act, any violation of the Cannabis
1377	1377	15 Control Act, or any violation of the Methamphetamine Control
1378	1378	16 and Community Protection Act results in conviction, a
1379	1379	17 disposition of court supervision, or an order of probation
1380	1380	18 granted under Section 10 of the Cannabis Control Act, Section
1381	1381	19 410 of the Illinois Controlled Substances Act, or Section 70
1382	1382	20 of the Methamphetamine Control and Community Protection Act of
1383	1383	21 a defendant, the court shall determine whether the defendant
1384	1384	22 is employed by a facility or center as defined under the Child
1385	1385	23 Care Act of 1969, a public or private elementary or secondary
1386	1386	24 school, or otherwise works with children under 18 years of age
1387	1387	25 on a daily basis. When a defendant is so employed, the court
1388	1388	26 shall order the Clerk of the Court to send a copy of the
1389	1389
1390	1390
1391	1391
1392	1392
1393	1393
1394	1394	HB0074 - 38 - LRB104 03324 RLC 13346 b
1395	1395
1396	1396
1397	1397	HB0074- 39 -LRB104 03324 RLC 13346 b HB0074 - 39 - LRB104 03324 RLC 13346 b
1398	1398	HB0074 - 39 - LRB104 03324 RLC 13346 b
1399	1399	1 judgment of conviction or order of supervision or probation to
1400	1400	2 the defendant's employer by certified mail. If the employer of
1401	1401	3 the defendant is a school, the Clerk of the Court shall direct
1402	1402	4 the mailing of a copy of the judgment of conviction or order of
1403	1403	5 supervision or probation to the appropriate regional
1404	1404	6 superintendent of schools. The regional superintendent of
1405	1405	7 schools shall notify the State Board of Education of any
1406	1406	8 notification under this subsection.
1407	1407	9 (j-5) A defendant at least 17 years of age who is convicted
1408	1408	10 of a felony and who has not been previously convicted of a
1409	1409	11 misdemeanor or felony and who is sentenced to a term of
1410	1410	12 imprisonment in the Illinois Department of Corrections shall
1411	1411	13 as a condition of his or her sentence be required by the court
1412	1412	14 to attend educational courses designed to prepare the
1413	1413	15 defendant for a high school diploma and to work toward a high
1414	1414	16 school diploma or to work toward passing high school
1415	1415	17 equivalency testing or to work toward completing a vocational
1416	1416	18 training program offered by the Department of Corrections. If
1417	1417	19 a defendant fails to complete the educational training
1418	1418	20 required by his or her sentence during the term of
1419	1419	21 incarceration, the Prisoner Review Board shall, as a condition
1420	1420	22 of mandatory supervised release, require the defendant, at his
1421	1421	23 or her own expense, to pursue a course of study toward a high
1422	1422	24 school diploma or passage of high school equivalency testing.
1423	1423	25 The Prisoner Review Board shall revoke the mandatory
1424	1424	26 supervised release of a defendant who wilfully fails to comply
1425	1425
1426	1426
1427	1427
1428	1428
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1431	1431
1432	1432
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1435	1435	1 with this subsection (j-5) upon his or her release from
1436	1436	2 confinement in a penal institution while serving a mandatory
1437	1437	3 supervised release term; however, the inability of the
1438	1438	4 defendant after making a good faith effort to obtain financial
1439	1439	5 aid or pay for the educational training shall not be deemed a
1440	1440	6 wilful failure to comply. The Prisoner Review Board shall
1441	1441	7 recommit the defendant whose mandatory supervised release term
1442	1442	8 has been revoked under this subsection (j-5) as provided in
1443	1443	9 Section 3-3-9. This subsection (j-5) does not apply to a
1444	1444	10 defendant who has a high school diploma or has successfully
1445	1445	11 passed high school equivalency testing. This subsection (j-5)
1446	1446	12 does not apply to a defendant who is determined by the court to
1447	1447	13 be a person with a developmental disability or otherwise
1448	1448	14 mentally incapable of completing the educational or vocational
1449	1449	15 program.
1450	1450	16 (k) (Blank).
1451	1451	17 (l)(A) Except as provided in paragraph (C) of subsection
1452	1452	18 (l), whenever a defendant, who is not a citizen or national of
1453	1453	19 the United States, is convicted of any felony or misdemeanor
1454	1454	20 offense, the court after sentencing the defendant may, upon
1455	1455	21 motion of the State's Attorney, hold sentence in abeyance and
1456	1456	22 remand the defendant to the custody of the Attorney General of
1457	1457	23 the United States or his or her designated agent to be deported
1458	1458	24 when:
1459	1459	25 (1) a final order of deportation has been issued
1460	1460	26 against the defendant pursuant to proceedings under the
1461	1461
1462	1462
1463	1463
1464	1464
1465	1465
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1467	1467
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1470	1470	HB0074 - 41 - LRB104 03324 RLC 13346 b
1471	1471	1 Immigration and Nationality Act, and
1472	1472	2 (2) the deportation of the defendant would not
1473	1473	3 deprecate the seriousness of the defendant's conduct and
1474	1474	4 would not be inconsistent with the ends of justice.
1475	1475	5 Otherwise, the defendant shall be sentenced as provided in
1476	1476	6 this Chapter V.
1477	1477	7 (B) If the defendant has already been sentenced for a
1478	1478	8 felony or misdemeanor offense, or has been placed on probation
1479	1479	9 under Section 10 of the Cannabis Control Act, Section 410 of
1480	1480	10 the Illinois Controlled Substances Act, or Section 70 of the
1481	1481	11 Methamphetamine Control and Community Protection Act, the
1482	1482	12 court may, upon motion of the State's Attorney to suspend the
1483	1483	13 sentence imposed, commit the defendant to the custody of the
1484	1484	14 Attorney General of the United States or his or her designated
1485	1485	15 agent when:
1486	1486	16 (1) a final order of deportation has been issued
1487	1487	17 against the defendant pursuant to proceedings under the
1488	1488	18 Immigration and Nationality Act, and
1489	1489	19 (2) the deportation of the defendant would not
1490	1490	20 deprecate the seriousness of the defendant's conduct and
1491	1491	21 would not be inconsistent with the ends of justice.
1492	1492	22 (C) This subsection (l) does not apply to offenders who
1493	1493	23 are subject to the provisions of paragraph (2) of subsection
1494	1494	24 (a) of Section 3-6-3.
1495	1495	25 (D) Upon motion of the State's Attorney, if a defendant
1496	1496	26 sentenced under this Section returns to the jurisdiction of
1497	1497
1498	1498
1499	1499
1500	1500
1501	1501
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1503	1503
1504	1504
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1507	1507	1 the United States, the defendant shall be recommitted to the
1508	1508	2 custody of the county from which he or she was sentenced.
1509	1509	3 Thereafter, the defendant shall be brought before the
1510	1510	4 sentencing court, which may impose any sentence that was
1511	1511	5 available under Section 5-5-3 at the time of initial
1512	1512	6 sentencing. In addition, the defendant shall not be eligible
1513	1513	7 for additional earned sentence credit as provided under
1514	1514	8 Section 3-6-3.
1515	1515	9 (m) A person convicted of criminal defacement of property
1516	1516	10 under Section 21-1.3 of the Criminal Code of 1961 or the
1517	1517	11 Criminal Code of 2012, in which the property damage exceeds
1518	1518	12 $300 and the property damaged is a school building, shall be
1519	1519	13 ordered to perform community service that may include cleanup,
1520	1520	14 removal, or painting over the defacement.
1521	1521	15 (n) The court may sentence a person convicted of a
1522	1522	16 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
1523	1523	17 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
1524	1524	18 of 1961 or the Criminal Code of 2012 (i) to an impact
1525	1525	19 incarceration program if the person is otherwise eligible for
1526	1526	20 that program under Section 5-8-1.1, (ii) to community service,
1527	1527	21 or (iii) if the person has a substance use disorder, as defined
1528	1528	22 in the Substance Use Disorder Act, to a treatment program
1529	1529	23 licensed under that Act.
1530	1530	24 (o) Whenever a person is convicted of a sex offense as
1531	1531	25 defined in Section 2 of the Sex Offender Registration Act, the
1532	1532	26 defendant's driver's license or permit shall be subject to
1533	1533
1534	1534
1535	1535
1536	1536
1537	1537
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1539	1539
1540	1540
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1543	1543	1 renewal on an annual basis in accordance with the provisions
1544	1544	2 of license renewal established by the Secretary of State.
1545	1545	3 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
1546	1546	4 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1547	1547	5 1-1-24; 103-825, eff. 1-1-25.)
1548	1548
1549	1549
1550	1550
1551	1551
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