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91_HB0448sam001
LRB9102371RCksam02
1 AMENDMENT TO HOUSE BILL 448
2 AMENDMENT NO. . Amend House Bill 448 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Section 5-5-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Section 5-5-3 as follows:
10 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
11 Sec. 5-5-3. Disposition.
12 (a) Every person convicted of an offense shall be
13 sentenced as provided in this Section.
14 (b) The following options shall be appropriate
15 dispositions, alone or in combination, for all felonies and
16 misdemeanors other than those identified in subsection (c) of
17 this Section:
18 (1) A period of probation.
19 (2) A term of periodic imprisonment.
20 (3) A term of conditional discharge.
21 (4) A term of imprisonment.
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1 (5) An order directing the offender to clean up and
2 repair the damage, if the offender was convicted under
3 paragraph (h) of Section 21-1 of the Criminal Code of
4 1961.
5 (6) A fine.
6 (7) An order directing the offender to make
7 restitution to the victim under Section 5-5-6 of this
8 Code.
9 (8) A sentence of participation in a county impact
10 incarceration program under Section 5-8-1.2 of this Code.
11 Whenever an individual is sentenced for an offense based
12 upon an arrest for a violation of Section 11-501 of the
13 Illinois Vehicle Code, or a similar provision of a local
14 ordinance, and the professional evaluation recommends
15 remedial or rehabilitative treatment or education, neither
16 the treatment nor the education shall be the sole disposition
17 and either or both may be imposed only in conjunction with
18 another disposition. The court shall monitor compliance with
19 any remedial education or treatment recommendations contained
20 in the professional evaluation. Programs conducting alcohol
21 or other drug evaluation or remedial education must be
22 licensed by the Department of Human Services. However, if
23 the individual is not a resident of Illinois, the court may
24 accept an alcohol or other drug evaluation or remedial
25 education program in the state of such individual's
26 residence. Programs providing treatment must be licensed
27 under existing applicable alcoholism and drug treatment
28 licensure standards.
29 In addition to any other fine or penalty required by law,
30 any individual convicted of a violation of Section 11-501 of
31 the Illinois Vehicle Code or a similar provision of local
32 ordinance, whose operation of a motor vehicle while in
33 violation of Section 11-501 or such ordinance proximately
34 caused an incident resulting in an appropriate emergency
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1 response, shall be required to make restitution to a public
2 agency for the costs of that emergency response. Such
3 restitution shall not exceed $500 per public agency for each
4 such emergency response. For the purpose of this paragraph,
5 emergency response shall mean any incident requiring a
6 response by: a police officer as defined under Section 1-162
7 of the Illinois Vehicle Code; a fireman carried on the rolls
8 of a regularly constituted fire department; and an ambulance
9 as defined under Section 4.05 of the Emergency Medical
10 Services (EMS) Systems Act.
11 Neither a fine nor restitution shall be the sole
12 disposition for a felony and either or both may be imposed
13 only in conjunction with another disposition.
14 (c) (1) When a defendant is found guilty of first degree
15 murder the State may either seek a sentence of
16 imprisonment under Section 5-8-1 of this Code, or where
17 appropriate seek a sentence of death under Section 9-1 of
18 the Criminal Code of 1961.
19 (2) A period of probation, a term of periodic
20 imprisonment or conditional discharge shall not be
21 imposed for the following offenses. The court shall
22 sentence the offender to not less than the minimum term
23 of imprisonment set forth in this Code for the following
24 offenses, and may order a fine or restitution or both in
25 conjunction with such term of imprisonment:
26 (A) First degree murder where the death
27 penalty is not imposed.
28 (B) Attempted first degree murder.
29 (C) A Class X felony.
30 (D) A violation of Section 401.1 or 407 of the
31 Illinois Controlled Substances Act, or a violation
32 of subdivision (c)(2) of Section 401 of that Act
33 which relates to more than 5 grams of a substance
34 containing cocaine or an analog thereof.
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1 (E) A violation of Section 5.1 or 9 of the
2 Cannabis Control Act.
3 (F) A Class 2 or greater felony if the
4 offender had been convicted of a Class 2 or greater
5 felony within 10 years of the date on which he
6 committed the offense for which he is being
7 sentenced.
8 (G) Residential burglary.
9 (H) Criminal sexual assault, except as
10 otherwise provided in subsection (e) of this
11 Section.
12 (I) Aggravated battery of a senior citizen.
13 (J) A forcible felony if the offense was
14 related to the activities of an organized gang.
15 Before July 1, 1994, for the purposes of this
16 paragraph, "organized gang" means an association of
17 5 or more persons, with an established hierarchy,
18 that encourages members of the association to
19 perpetrate crimes or provides support to the members
20 of the association who do commit crimes.
21 Beginning July 1, 1994, for the purposes of
22 this paragraph, "organized gang" has the meaning
23 ascribed to it in Section 10 of the Illinois
24 Streetgang Terrorism Omnibus Prevention Act.
25 (K) Vehicular hijacking.
26 (L) A second or subsequent conviction for the
27 offense of hate crime when the underlying offense
28 upon which the hate crime is based is felony
29 aggravated assault or felony mob action.
30 (M) A second or subsequent conviction for the
31 offense of institutional vandalism if the damage to
32 the property exceeds $300.
33 (N) A Class 3 felony violation of paragraph
34 (1) of subsection (a) of Section 2 of the Firearm
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1 Owners Identification Card Act.
2 (O) A violation of Section 12-6.1 of the
3 Criminal Code of 1961.
4 (P) A violation of paragraph (1), (2), (3),
5 (4), (5), or (7) of subsection (a) of Section
6 11-20.1 of the Criminal Code of 1961.
7 (Q) A violation of Section 20-1.2 of the
8 Criminal Code of 1961.
9 (R) (Q) A violation of Section 24-3A of the
10 Criminal Code of 1961.
11 (3) A minimum term of imprisonment of not less than
12 48 consecutive hours or 100 hours of community service as
13 may be determined by the court shall be imposed for a
14 second or subsequent violation committed within 5 years
15 of a previous violation of Section 11-501 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance.
17 (4) A minimum term of imprisonment of not less than
18 7 consecutive days or 30 days of community service shall
19 be imposed for a violation of paragraph (c) of Section
20 6-303 of the Illinois Vehicle Code.
21 (4.1) A minimum term of 30 consecutive days of
22 imprisonment, 40 days of 24 hour periodic imprisonment or
23 720 hours of community service, as may be determined by
24 the court, shall be imposed for a violation of Section
25 11-501 of the Illinois Vehicle Code during a period in
26 which the defendant's driving privileges are revoked or
27 suspended, where the revocation or suspension was for a
28 violation of Section 11-501 or Section 11-501.1 of that
29 Code.
30 (5) The court may sentence an offender convicted of
31 a business offense or a petty offense or a corporation or
32 unincorporated association convicted of any offense to:
33 (A) a period of conditional discharge;
34 (B) a fine;
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1 (C) make restitution to the victim under
2 Section 5-5-6 of this Code.
3 (6) In no case shall an offender be eligible for a
4 disposition of probation or conditional discharge for a
5 Class 1 felony committed while he was serving a term of
6 probation or conditional discharge for a felony.
7 (7) When a defendant is adjudged a habitual
8 criminal under Article 33B of the Criminal Code of 1961,
9 the court shall sentence the defendant to a term of
10 natural life imprisonment.
11 (8) When a defendant, over the age of 21 years, is
12 convicted of a Class 1 or Class 2 felony, after having
13 twice been convicted of any Class 2 or greater Class
14 felonies in Illinois, and such charges are separately
15 brought and tried and arise out of different series of
16 acts, such defendant shall be sentenced as a Class X
17 offender. This paragraph shall not apply unless (1) the
18 first felony was committed after the effective date of
19 this amendatory Act of 1977; and (2) the second felony
20 was committed after conviction on the first; and (3) the
21 third felony was committed after conviction on the
22 second.
23 (9) A defendant convicted of a second or subsequent
24 offense of ritualized abuse of a child may be sentenced
25 to a term of natural life imprisonment.
26 (10) Beginning July 1, 1994, unless sentencing
27 under Section 33B-1 is applicable, a term of imprisonment
28 of not less than 15 years nor more than 50 years shall be
29 imposed on a defendant who violates Section 33A-2 of the
30 Criminal Code of 1961 with a firearm, when that person
31 has been convicted in any state or federal court of 3 or
32 more of the following offenses: treason, first degree
33 murder, second degree murder, aggravated criminal sexual
34 assault, criminal sexual assault, robbery, burglary,
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1 arson, kidnaping, aggravated battery resulting in great
2 bodily harm or permanent disability or disfigurement, or
3 a violation of Section 401(a) of the Illinois Controlled
4 Substances Act, when the third offense was committed
5 after conviction on the second, the second offense was
6 committed after conviction on the first, and the
7 violation of Section 33A-2 of the Criminal Code of 1961
8 was committed after conviction on the third.
9 (11) Beginning July 1, 1994, a term of imprisonment
10 of not less than 10 years and not more than 30 years
11 shall be imposed on a defendant who violates Section
12 33A-2 with a Category I weapon where the offense was
13 committed in any school, or any conveyance owned, leased,
14 or contracted by a school to transport students to or
15 from school or a school related activity, on the real
16 property comprising any school or public park, and where
17 the offense was related to the activities of an organized
18 gang. For the purposes of this paragraph (11),
19 "organized gang" has the meaning ascribed to it in
20 Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 (12) The court shall impose a minimum fine of $1,000
23 for a first offense and $2,000 for a second or subsequent
24 offense upon a person convicted of or placed on
25 supervision for battery when the individual harmed was a
26 sports official at any level of competition and the act
27 causing harm to the sports official occurred within an
28 athletic facility or within the immediate vicinity of the
29 athletic facility at which the sports official was an
30 active participant of the athletic contest held at the
31 athletic facility.
32 (d) In any case in which a sentence originally imposed
33 is vacated, the case shall be remanded to the trial court.
34 The trial court shall hold a hearing under Section 5-4-1 of
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1 the Unified Code of Corrections which may include evidence of
2 the defendant's life, moral character and occupation during
3 the time since the original sentence was passed. The trial
4 court shall then impose sentence upon the defendant. The
5 trial court may impose any sentence which could have been
6 imposed at the original trial subject to Section 5-5-4 of the
7 Unified Code of Corrections.
8 (e) In cases where prosecution for criminal sexual
9 assault or aggravated criminal sexual abuse under Section
10 12-13 or 12-16 of the Criminal Code of 1961 results in
11 conviction of a defendant who was a family member of the
12 victim at the time of the commission of the offense, the
13 court shall consider the safety and welfare of the victim and
14 may impose a sentence of probation only where:
15 (1) the court finds (A) or (B) or both are
16 appropriate:
17 (A) the defendant is willing to undergo a
18 court approved counseling program for a minimum
19 duration of 2 years; or
20 (B) the defendant is willing to participate in
21 a court approved plan including but not limited to
22 the defendant's:
23 (i) removal from the household;
24 (ii) restricted contact with the victim;
25 (iii) continued financial support of the
26 family;
27 (iv) restitution for harm done to the
28 victim; and
29 (v) compliance with any other measures
30 that the court may deem appropriate; and
31 (2) the court orders the defendant to pay for the
32 victim's counseling services, to the extent that the
33 court finds, after considering the defendant's income and
34 assets, that the defendant is financially capable of
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1 paying for such services, if the victim was under 18
2 years of age at the time the offense was committed and
3 requires counseling as a result of the offense.
4 Probation may be revoked or modified pursuant to Section
5 5-6-4; except where the court determines at the hearing that
6 the defendant violated a condition of his or her probation
7 restricting contact with the victim or other family members
8 or commits another offense with the victim or other family
9 members, the court shall revoke the defendant's probation and
10 impose a term of imprisonment.
11 For the purposes of this Section, "family member" and
12 "victim" shall have the meanings ascribed to them in Section
13 12-12 of the Criminal Code of 1961.
14 (f) This Article shall not deprive a court in other
15 proceedings to order a forfeiture of property, to suspend or
16 cancel a license, to remove a person from office, or to
17 impose any other civil penalty.
18 (g) Whenever a defendant is convicted of an offense
19 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
20 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
21 12-15 or 12-16 of the Criminal Code of 1961, the defendant
22 shall undergo medical testing to determine whether the
23 defendant has any sexually transmissible disease, including a
24 test for infection with human immunodeficiency virus (HIV) or
25 any other identified causative agent of acquired
26 immunodeficiency syndrome (AIDS). Any such medical test
27 shall be performed only by appropriately licensed medical
28 practitioners and may include an analysis of any bodily
29 fluids as well as an examination of the defendant's person.
30 Except as otherwise provided by law, the results of such test
31 shall be kept strictly confidential by all medical personnel
32 involved in the testing and must be personally delivered in a
33 sealed envelope to the judge of the court in which the
34 conviction was entered for the judge's inspection in camera.
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1 Acting in accordance with the best interests of the victim
2 and the public, the judge shall have the discretion to
3 determine to whom, if anyone, the results of the testing may
4 be revealed. The court shall notify the defendant of the test
5 results. The court shall also notify the victim if requested
6 by the victim, and if the victim is under the age of 15 and
7 if requested by the victim's parents or legal guardian, the
8 court shall notify the victim's parents or legal guardian of
9 the test results. The court shall provide information on the
10 availability of HIV testing and counseling at Department of
11 Public Health facilities to all parties to whom the results
12 of the testing are revealed and shall direct the State's
13 Attorney to provide the information to the victim when
14 possible. A State's Attorney may petition the court to obtain
15 the results of any HIV test administered under this Section,
16 and the court shall grant the disclosure if the State's
17 Attorney shows it is relevant in order to prosecute a charge
18 of criminal transmission of HIV under Section 12-16.2 of the
19 Criminal Code of 1961 against the defendant. The court shall
20 order that the cost of any such test shall be paid by the
21 county and may be taxed as costs against the convicted
22 defendant.
23 (g-5) When an inmate is tested for an airborne
24 communicable disease, as determined by the Illinois
25 Department of Public Health including but not limited to
26 tuberculosis, the results of the test shall be personally
27 delivered by the warden or his or her designee in a sealed
28 envelope to the judge of the court in which the inmate must
29 appear for the judge's inspection in camera if requested by
30 the judge. Acting in accordance with the best interests of
31 those in the courtroom, the judge shall have the discretion
32 to determine what if any precautions need to be taken to
33 prevent transmission of the disease in the courtroom.
34 (h) Whenever a defendant is convicted of an offense
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1 under Section 1 or 2 of the Hypodermic Syringes and Needles
2 Act, the defendant shall undergo medical testing to determine
3 whether the defendant has been exposed to human
4 immunodeficiency virus (HIV) or any other identified
5 causative agent of acquired immunodeficiency syndrome (AIDS).
6 Except as otherwise provided by law, the results of such test
7 shall be kept strictly confidential by all medical personnel
8 involved in the testing and must be personally delivered in a
9 sealed envelope to the judge of the court in which the
10 conviction was entered for the judge's inspection in camera.
11 Acting in accordance with the best interests of the public,
12 the judge shall have the discretion to determine to whom, if
13 anyone, the results of the testing may be revealed. The court
14 shall notify the defendant of a positive test showing an
15 infection with the human immunodeficiency virus (HIV). The
16 court shall provide information on the availability of HIV
17 testing and counseling at Department of Public Health
18 facilities to all parties to whom the results of the testing
19 are revealed and shall direct the State's Attorney to provide
20 the information to the victim when possible. A State's
21 Attorney may petition the court to obtain the results of any
22 HIV test administered under this Section, and the court
23 shall grant the disclosure if the State's Attorney shows it
24 is relevant in order to prosecute a charge of criminal
25 transmission of HIV under Section 12-16.2 of the Criminal
26 Code of 1961 against the defendant. The court shall order
27 that the cost of any such test shall be paid by the county
28 and may be taxed as costs against the convicted defendant.
29 (i) All fines and penalties imposed under this Section
30 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
31 Vehicle Code, or a similar provision of a local ordinance,
32 and any violation of the Child Passenger Protection Act, or a
33 similar provision of a local ordinance, shall be collected
34 and disbursed by the circuit clerk as provided under Section
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1 27.5 of the Clerks of Courts Act.
2 (j) In cases when prosecution for any violation of
3 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
4 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
5 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
6 12-16 of the Criminal Code of 1961, any violation of the
7 Illinois Controlled Substances Act, or any violation of the
8 Cannabis Control Act results in conviction, a disposition of
9 court supervision, or an order of probation granted under
10 Section 10 of the Cannabis Control Act or Section 410 of the
11 Illinois Controlled Substance Act of a defendant, the court
12 shall determine whether the defendant is employed by a
13 facility or center as defined under the Child Care Act of
14 1969, a public or private elementary or secondary school, or
15 otherwise works with children under 18 years of age on a
16 daily basis. When a defendant is so employed, the court
17 shall order the Clerk of the Court to send a copy of the
18 judgment of conviction or order of supervision or probation
19 to the defendant's employer by certified mail. If the
20 employer of the defendant is a school, the Clerk of the Court
21 shall direct the mailing of a copy of the judgment of
22 conviction or order of supervision or probation to the
23 appropriate regional superintendent of schools. The regional
24 superintendent of schools shall notify the State Board of
25 Education of any notification under this subsection.
26 (j-5) A defendant at least 17 years of age who is
27 convicted of a felony and who has not been previously
28 convicted of a misdemeanor or felony and who is sentenced to
29 a term of imprisonment in the Illinois Department of
30 Corrections shall as a condition of his or her sentence be
31 required by the court to attend educational courses designed
32 to prepare the defendant for a high school diploma and to
33 work toward a high school diploma or to work toward passing
34 the high school level Test of General Educational Development
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1 (GED) or to work toward completing a vocational training
2 program offered by the Department of Corrections. If a
3 defendant fails to complete the educational training required
4 by his or her sentence during the term of incarceration, the
5 Prisoner Review Board shall, as a condition of mandatory
6 supervised release, require the defendant, at his or her own
7 expense, to pursue a course of study toward a high school
8 diploma or passage of the GED test. The Prisoner Review
9 Board shall revoke the mandatory supervised release of a
10 defendant who wilfully fails to comply with this subsection
11 (j-5) upon his or her release from confinement in a penal
12 institution while serving a mandatory supervised release
13 term; however, the inability of the defendant after making a
14 good faith effort to obtain financial aid or pay for the
15 educational training shall not be deemed a wilful failure to
16 comply. The Prisoner Review Board shall recommit the
17 defendant whose mandatory supervised release term has been
18 revoked under this subsection (j-5) as provided in Section
19 3-3-9. This subsection (j-5) does not apply to a defendant
20 who has a high school diploma or has successfully passed the
21 GED test. This subsection (j-5) does not apply to a defendant
22 who is determined by the court to be developmentally disabled
23 or otherwise mentally incapable of completing the educational
24 or vocational program.
25 (k) A court may not impose a sentence or disposition for
26 a felony or misdemeanor that requires the defendant to be
27 implanted or injected with or to use any form of birth
28 control.
29 (l) (A) Except as provided in paragraph (C) of
30 subsection (l), whenever a defendant, who is an alien as
31 defined by the Immigration and Nationality Act, is
32 convicted of any felony or misdemeanor offense, the court
33 after sentencing the defendant may, upon motion of the
34 State's Attorney, hold sentence in abeyance and remand
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1 the defendant to the custody of the Attorney General of
2 the United States or his or her designated agent to be
3 deported when:
4 (1) a final order of deportation has been
5 issued against the defendant pursuant to proceedings
6 under the Immigration and Nationality Act, and
7 (2) the deportation of the defendant would not
8 deprecate the seriousness of the defendant's conduct
9 and would not be inconsistent with the ends of
10 justice.
11 Otherwise, the defendant shall be sentenced as
12 provided in this Chapter V.
13 (B) If the defendant has already been sentenced for
14 a felony or misdemeanor offense, or has been placed on
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act,
17 the court may, upon motion of the State's Attorney to
18 suspend the sentence imposed, commit the defendant to the
19 custody of the Attorney General of the United States or
20 his or her designated agent when:
21 (1) a final order of deportation has been
22 issued against the defendant pursuant to proceedings
23 under the Immigration and Nationality Act, and
24 (2) the deportation of the defendant would not
25 deprecate the seriousness of the defendant's conduct
26 and would not be inconsistent with the ends of
27 justice.
28 (C) This subsection (l) does not apply to offenders
29 who are subject to the provisions of paragraph (2) of
30 subsection (a) of Section 3-6-3.
31 (D) Upon motion of the State's Attorney, if a
32 defendant sentenced under this Section returns to the
33 jurisdiction of the United States, the defendant shall be
34 recommitted to the custody of the county from which he or
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1 she was sentenced. Thereafter, the defendant shall be
2 brought before the sentencing court, which may impose any
3 sentence that was available under Section 5-5-3 at the
4 time of initial sentencing. In addition, the defendant
5 shall not be eligible for additional good conduct credit
6 for meritorious service as provided under Section 3-6-6.
7 (m) A person convicted of criminal defacement of
8 property under Section 21-1.3 of the Criminal Code of 1961,
9 in which the property damage exceeds $300 and the property
10 damaged is a school building, shall be ordered to perform
11 community service that may include cleanup, removal, or
12 painting over the defacement.
13 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
14 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
15 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
16 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
17 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
18 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised
19 9-16-98.)".