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91_HB3430eng HB3430 Engrossed LRB9109449RCksA 1 AN ACT in relation to hate crimes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 12-7.1 and 21-1.2 and adding Section 8-2.1 6 as follows: 7 (720 ILCS 5/8-2.1 new) 8 Sec. 8-2.1. Conspiracy against civil rights. 9 (a) Offense. A person commits conspiracy against civil 10 rights when he or she agrees with another to utilize 11 violence, threat, or intimidation in order to interfere with 12 another person's free exercise of any right or privilege 13 secured to the person by the Constitution of the United 14 States, the Constitution of the State of Illinois, the laws 15 of the United States, or the laws of the State of Illinois 16 and either the accused or a co-conspirator has committed any 17 act in furtherance of that agreement. 18 (b) Co-conspirators. It shall not be a defense to 19 conspiracy against civil rights that a person or persons with 20 whom the accused is alleged to have conspired: 21 (1) has not been prosecuted or convicted; or 22 (2) has been convicted of a different offense; or 23 (3) is not amenable to justice; or 24 (4) has been acquitted; or 25 (5) lacked the capacity to commit an offense. 26 (c) Sentence. Conspiracy against civil rights is a 27 Class 4 felony for a first offense and a Class 2 felony for a 28 second or subsequent offense. 29 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) 30 Sec. 12-7.1. Hate crime. HB3430 Engrossed -2- LRB9109449RCksA 1 (a) A person commits hate crime when, by reason of the 2 actual or perceived race, color, creed, religion, ancestry, 3 gender, sexual orientation, physical or mental disability, or 4 national origin of another individual or group of 5 individuals, regardless of the existence of any other 6 motivating factor or factors, he commits assault, battery, 7 aggravated assault, misdemeanor theft, criminal trespass to 8 residence, misdemeanor criminal damage to property, criminal 9 trespass to vehicle, criminal trespass to real property, mob 10 action or disorderly conduct as these crimes are defined in 11 Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 12 25-1, and 26-1 of this Code, respectively, or harassment by 13 telephone as defined in Section 1-1 of the Harassing and 14 Obscene Communications Actagainst a victim who is: (i) the15other individual; (ii) a member of the group of individuals;16(iii) a person who has an association with, is married to, or17has a friendship with the other individual or a member of the18group of individuals; or (iv) a relative (by blood or19marriage) of a person described in clause (i), (ii), or20(iii). 21 (b) Except as provided in subsection (b-5), hate crime 22 is a Class 4 felony for a first offense and a Class 2 felony 23 for a second or subsequent offense.Any order of probation24or conditional discharge entered following a conviction for25an offense under this Section shall include, a condition26that the offender perform public or community service of no27less than 200 hours if that service is established in the28county where the offender was convicted of hate crime. In29addition the court may impose any other condition of30probation or conditional discharge under this Section.31 (b-5) Hate crime is a Class 3 felony for a first offense 32 and a Class 1 felony for a second or subsequent offense if 33 committed: 34 (1) in a church, synagogue, or other building, HB3430 Engrossed -3- LRB9109449RCksA 1 structure, or place used for religious worship or other 2 religious purpose; 3 (2) in a cemetery, mortuary, or other facility used 4 for the purpose of burial or memorializing the dead; 5 (3) in a school or other educational facility; 6 (4) in a public park or an ethnic or religious 7 community center; 8 (5) on the real property comprising any location 9 specified in clauses (1) through (4) of this subsection 10 (b-5); or 11 (6) on a public way within 1,000 feet of the real 12 property comprising any location specified in clauses (1) 13 through (4) of this subsection (b-5). 14 (b-10) Upon imposition of any sentence or conditional 15 discharge following conviction or the entry of an order of 16 probation for an offense under this Section, the trial court 17 shall also either order restitution paid to the victim or 18 impose a fine up to $1,000. In addition, any order of 19 probation or conditional discharge entered following a 20 conviction or an adjudication of delinquency shall include a 21 condition that the offender perform public or community 22 service of no less than 200 hours if that service is 23 established in the county where the offender was convicted of 24 hate crime. The court may also impose any other condition of 25 probation or conditional discharge under this Section. 26 (c) Independent of any criminal prosecution or the 27 result thereof, any person suffering injury to his person or 28 damage to his property as a result of hate crime may bring a 29 civil action for damages, injunction or other appropriate 30 relief. The court may award actual damages, including damages 31 for emotional distress, or punitive damages. A judgment may 32 include attorney's fees and costs. The parents or legal 33 guardians, other than guardians appointed pursuant to the 34 Juvenile Court Act or the Juvenile Court Act of 1987, of an HB3430 Engrossed -4- LRB9109449RCksA 1 unemancipated minor shall be liable for the amount of any 2 judgment for actual damages rendered against such minor under 3 this subsection (c) in any amount not exceeding the amount 4 provided under Section 5 of the Parental Responsibility Law. 5 (d) "Sexual orientation" means heterosexuality, 6 homosexuality, or bisexuality. 7 (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.) 8 (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2) 9 Sec. 21-1.2. Institutional vandalism. 10 (a) A person commits institutional vandalism when, by 11 reason of the actual or perceived race, color, creed, 12 religion or national origin of another individual or group of 13 individuals, regardless of the existence of any other 14 motivating factor or factors, he or she knowingly and without 15 consent inflicts damage to any of the following properties: 16 (1) A church, synagogue or other building, 17 structure or place used for religious worship or other 18 religious purpose; 19 (2) A cemetery, mortuary, or other facility used 20 for the purpose of burial or memorializing the dead; 21 (3) A school, educational facility or community 22 center; 23 (4) The grounds adjacent to, and owned or rented 24 by, any institution, facility, building, structure or 25 place described in paragraphs (1), (2) or (3) of this 26 subsection (a); or 27 (5) Any personal property contained in any 28 institution, facility, building, structure or place 29 described in paragraphs (1), (2) or (3) of this 30 subsection (a). 31 (b) Institutional vandalism is a Class 3 felony if the 32 damage to the property does not exceed $300. Institutional 33 vandalism is a Class 2 felony if the damage to the property HB3430 Engrossed -5- LRB9109449RCksA 1 exceeds $300. Institutional vandalism is a Class 1 felony for 2 any second or subsequent offense. 3 (b-5) Upon imposition of any sentence or conditional 4 discharge following conviction or the entry of an order of 5 probation for an offense under this Section, the trial court 6 shall also either order restitution paid to the victim or 7 impose a fine up to $1,000. In addition, any order of 8 probation or conditional discharge entered following a 9 conviction or an adjudication of delinquency shall include a 10 condition that the offender perform public or community 11 service of no less than 200 hours if that service is 12 established in the county where the offender was convicted of 13 institutional vandalism. The court may also impose any other 14 condition of probation or conditional discharge under this 15 Section. 16 (c) Independent of any criminal prosecution or the 17 result of that prosecution, a person suffering damage to 18 property or injury to his or her person as a result of 19 institutional vandalism may bring a civil action for damages, 20 injunction or other appropriate relief. The court may award 21 actual damages, including damages for emotional distress, or 22 punitive damages. A judgment may include attorney's fees and 23 costs. The parents or legal guardians of an unemancipated 24 minor, other than guardians appointed under the Juvenile 25 Court Act or the Juvenile Court Act of 1987, shall be liable 26 for the amount of any judgment for actual damages rendered 27 against the minor under this subsection(c)in an amount not 28 exceeding the amount provided under Section 5 of the Parental 29 Responsibility Law. 30 (Source: P.A. 88-659.) 31 Section 10. The Unified Code of Corrections is amended 32 by changing Sections 5-5-3 and 5-5-3.2 as follows: HB3430 Engrossed -6- LRB9109449RCksA 1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 2 Sec. 5-5-3. Disposition. 3 (a) Every person convicted of an offense shall be 4 sentenced as provided in this Section. 5 (b) The following options shall be appropriate 6 dispositions, alone or in combination, for all felonies and 7 misdemeanors other than those identified in subsection (c) of 8 this Section: 9 (1) A period of probation. 10 (2) A term of periodic imprisonment. 11 (3) A term of conditional discharge. 12 (4) A term of imprisonment. 13 (5) An order directing the offender to clean up and 14 repair the damage, if the offender was convicted under 15 paragraph (h) of Section 21-1 of the Criminal Code of 16 1961. 17 (6) A fine. 18 (7) An order directing the offender to make 19 restitution to the victim under Section 5-5-6 of this 20 Code. 21 (8) A sentence of participation in a county impact 22 incarceration program under Section 5-8-1.2 of this Code. 23 Whenever an individual is sentenced for an offense based 24 upon an arrest for a violation of Section 11-501 of the 25 Illinois Vehicle Code, or a similar provision of a local 26 ordinance, and the professional evaluation recommends 27 remedial or rehabilitative treatment or education, neither 28 the treatment nor the education shall be the sole disposition 29 and either or both may be imposed only in conjunction with 30 another disposition. The court shall monitor compliance with 31 any remedial education or treatment recommendations contained 32 in the professional evaluation. Programs conducting alcohol 33 or other drug evaluation or remedial education must be 34 licensed by the Department of Human Services. However, if HB3430 Engrossed -7- LRB9109449RCksA 1 the individual is not a resident of Illinois, the court may 2 accept an alcohol or other drug evaluation or remedial 3 education program in the state of such individual's 4 residence. Programs providing treatment must be licensed 5 under existing applicable alcoholism and drug treatment 6 licensure standards. 7 In addition to any other fine or penalty required by law, 8 any individual convicted of a violation of Section 11-501 of 9 the Illinois Vehicle Code or a similar provision of local 10 ordinance, whose operation of a motor vehicle while in 11 violation of Section 11-501 or such ordinance proximately 12 caused an incident resulting in an appropriate emergency 13 response, shall be required to make restitution to a public 14 agency for the costs of that emergency response. Such 15 restitution shall not exceed $500 per public agency for each 16 such emergency response. For the purpose of this paragraph, 17 emergency response shall mean any incident requiring a 18 response by: a police officer as defined under Section 1-162 19 of the Illinois Vehicle Code; a fireman carried on the rolls 20 of a regularly constituted fire department; and an ambulance 21 as defined under Section 4.05 of the Emergency Medical 22 Services (EMS) Systems Act. 23 Neither a fine nor restitution shall be the sole 24 disposition for a felony and either or both may be imposed 25 only in conjunction with another disposition. 26 (c) (1) When a defendant is found guilty of first degree 27 murder the State may either seek a sentence of 28 imprisonment under Section 5-8-1 of this Code, or where 29 appropriate seek a sentence of death under Section 9-1 of 30 the Criminal Code of 1961. 31 (2) A period of probation, a term of periodic 32 imprisonment or conditional discharge shall not be 33 imposed for the following offenses. The court shall 34 sentence the offender to not less than the minimum term HB3430 Engrossed -8- LRB9109449RCksA 1 of imprisonment set forth in this Code for the following 2 offenses, and may order a fine or restitution or both in 3 conjunction with such term of imprisonment: 4 (A) First degree murder where the death 5 penalty is not imposed. 6 (B) Attempted first degree murder. 7 (C) A Class X felony. 8 (D) A violation of Section 401.1 or 407 of the 9 Illinois Controlled Substances Act, or a violation 10 of subdivision (c)(2) of Section 401 of that Act 11 which relates to more than 5 grams of a substance 12 containing cocaine or an analog thereof. 13 (E) A violation of Section 5.1 or 9 of the 14 Cannabis Control Act. 15 (F) A Class 2 or greater felony if the 16 offender had been convicted of a Class 2 or greater 17 felony within 10 years of the date on which he 18 committed the offense for which he is being 19 sentenced. 20 (G) Residential burglary. 21 (H) Criminal sexual assault, except as 22 otherwise provided in subsection (e) of this 23 Section. 24 (I) Aggravated battery of a senior citizen. 25 (J) A forcible felony if the offense was 26 related to the activities of an organized gang. 27 Before July 1, 1994, for the purposes of this 28 paragraph, "organized gang" means an association of 29 5 or more persons, with an established hierarchy, 30 that encourages members of the association to 31 perpetrate crimes or provides support to the members 32 of the association who do commit crimes. 33 Beginning July 1, 1994, for the purposes of 34 this paragraph, "organized gang" has the meaning HB3430 Engrossed -9- LRB9109449RCksA 1 ascribed to it in Section 10 of the Illinois 2 Streetgang Terrorism Omnibus Prevention Act. 3 (K) Vehicular hijacking. 4 (L) A second or subsequent conviction for the 5 offense of hate crimewhen the underlying offense6upon which the hate crime is based is felony7aggravated assault or felony mob action. 8 (M) A second or subsequent conviction for the 9 offense of institutional vandalismif the damage to10the property exceeds $300. 11 (N) A Class 3 felony violation of paragraph 12 (1) of subsection (a) of Section 2 of the Firearm 13 Owners Identification Card Act. 14 (O) A violation of Section 12-6.1 of the 15 Criminal Code of 1961. 16 (P) A violation of paragraph (1), (2), (3), 17 (4), (5), or (7) of subsection (a) of Section 18 11-20.1 of the Criminal Code of 1961. 19 (Q) A violation of Section 20-1.2 of the 20 Criminal Code of 1961. 21 (R) A violation of Section 24-3A of the 22 Criminal Code of 1961. 23 (3) A minimum term of imprisonment of not less than 24 48 consecutive hours or 100 hours of community service as 25 may be determined by the court shall be imposed for a 26 second or subsequent violation committed within 5 years 27 of a previous violation of Section 11-501 of the Illinois 28 Vehicle Code or a similar provision of a local ordinance. 29 (4) A minimum term of imprisonment of not less than 30 7 consecutive days or 30 days of community service shall 31 be imposed for a violation of paragraph (c) of Section 32 6-303 of the Illinois Vehicle Code. 33 (4.1) A minimum term of 30 consecutive days of 34 imprisonment, 40 days of 24 hour periodic imprisonment or HB3430 Engrossed -10- LRB9109449RCksA 1 720 hours of community service, as may be determined by 2 the court, shall be imposed for a violation of Section 3 11-501 of the Illinois Vehicle Code during a period in 4 which the defendant's driving privileges are revoked or 5 suspended, where the revocation or suspension was for a 6 violation of Section 11-501 or Section 11-501.1 of that 7 Code. 8 (5) The court may sentence an offender convicted of 9 a business offense or a petty offense or a corporation or 10 unincorporated association convicted of any offense to: 11 (A) a period of conditional discharge; 12 (B) a fine; 13 (C) make restitution to the victim under 14 Section 5-5-6 of this Code. 15 (6) In no case shall an offender be eligible for a 16 disposition of probation or conditional discharge for a 17 Class 1 felony committed while he was serving a term of 18 probation or conditional discharge for a felony. 19 (7) When a defendant is adjudged a habitual 20 criminal under Article 33B of the Criminal Code of 1961, 21 the court shall sentence the defendant to a term of 22 natural life imprisonment. 23 (8) When a defendant, over the age of 21 years, is 24 convicted of a Class 1 or Class 2 felony, after having 25 twice been convicted of any Class 2 or greater Class 26 felonies in Illinois, and such charges are separately 27 brought and tried and arise out of different series of 28 acts, such defendant shall be sentenced as a Class X 29 offender. This paragraph shall not apply unless (1) the 30 first felony was committed after the effective date of 31 this amendatory Act of 1977; and (2) the second felony 32 was committed after conviction on the first; and (3) the 33 third felony was committed after conviction on the 34 second. HB3430 Engrossed -11- LRB9109449RCksA 1 (9) A defendant convicted of a second or subsequent 2 offense of ritualized abuse of a child may be sentenced 3 to a term of natural life imprisonment. 4 (d) In any case in which a sentence originally imposed 5 is vacated, the case shall be remanded to the trial court. 6 The trial court shall hold a hearing under Section 5-4-1 of 7 the Unified Code of Corrections which may include evidence of 8 the defendant's life, moral character and occupation during 9 the time since the original sentence was passed. The trial 10 court shall then impose sentence upon the defendant. The 11 trial court may impose any sentence which could have been 12 imposed at the original trial subject to Section 5-5-4 of the 13 Unified Code of Corrections. 14 (e) In cases where prosecution for criminal sexual 15 assault or aggravated criminal sexual abuse under Section 16 12-13 or 12-16 of the Criminal Code of 1961 results in 17 conviction of a defendant who was a family member of the 18 victim at the time of the commission of the offense, the 19 court shall consider the safety and welfare of the victim and 20 may impose a sentence of probation only where: 21 (1) the court finds (A) or (B) or both are 22 appropriate: 23 (A) the defendant is willing to undergo a 24 court approved counseling program for a minimum 25 duration of 2 years; or 26 (B) the defendant is willing to participate in 27 a court approved plan including but not limited to 28 the defendant's: 29 (i) removal from the household; 30 (ii) restricted contact with the victim; 31 (iii) continued financial support of the 32 family; 33 (iv) restitution for harm done to the 34 victim; and HB3430 Engrossed -12- LRB9109449RCksA 1 (v) compliance with any other measures 2 that the court may deem appropriate; and 3 (2) the court orders the defendant to pay for the 4 victim's counseling services, to the extent that the 5 court finds, after considering the defendant's income and 6 assets, that the defendant is financially capable of 7 paying for such services, if the victim was under 18 8 years of age at the time the offense was committed and 9 requires counseling as a result of the offense. 10 Probation may be revoked or modified pursuant to Section 11 5-6-4; except where the court determines at the hearing that 12 the defendant violated a condition of his or her probation 13 restricting contact with the victim or other family members 14 or commits another offense with the victim or other family 15 members, the court shall revoke the defendant's probation and 16 impose a term of imprisonment. 17 For the purposes of this Section, "family member" and 18 "victim" shall have the meanings ascribed to them in Section 19 12-12 of the Criminal Code of 1961. 20 (f) This Article shall not deprive a court in other 21 proceedings to order a forfeiture of property, to suspend or 22 cancel a license, to remove a person from office, or to 23 impose any other civil penalty. 24 (g) Whenever a defendant is convicted of an offense 25 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 26 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 27 12-15 or 12-16 of the Criminal Code of 1961, the defendant 28 shall undergo medical testing to determine whether the 29 defendant has any sexually transmissible disease, including a 30 test for infection with human immunodeficiency virus (HIV) or 31 any other identified causative agent of acquired 32 immunodeficiency syndrome (AIDS). Any such medical test 33 shall be performed only by appropriately licensed medical 34 practitioners and may include an analysis of any bodily HB3430 Engrossed -13- LRB9109449RCksA 1 fluids as well as an examination of the defendant's person. 2 Except as otherwise provided by law, the results of such test 3 shall be kept strictly confidential by all medical personnel 4 involved in the testing and must be personally delivered in a 5 sealed envelope to the judge of the court in which the 6 conviction was entered for the judge's inspection in camera. 7 Acting in accordance with the best interests of the victim 8 and the public, the judge shall have the discretion to 9 determine to whom, if anyone, the results of the testing may 10 be revealed. The court shall notify the defendant of the test 11 results. The court shall also notify the victim if requested 12 by the victim, and if the victim is under the age of 15 and 13 if requested by the victim's parents or legal guardian, the 14 court shall notify the victim's parents or legal guardian of 15 the test results. The court shall provide information on the 16 availability of HIV testing and counseling at Department of 17 Public Health facilities to all parties to whom the results 18 of the testing are revealed and shall direct the State's 19 Attorney to provide the information to the victim when 20 possible. A State's Attorney may petition the court to obtain 21 the results of any HIV test administered under this Section, 22 and the court shall grant the disclosure if the State's 23 Attorney shows it is relevant in order to prosecute a charge 24 of criminal transmission of HIV under Section 12-16.2 of the 25 Criminal Code of 1961 against the defendant. The court shall 26 order that the cost of any such test shall be paid by the 27 county and may be taxed as costs against the convicted 28 defendant. 29 (g-5) When an inmate is tested for an airborne 30 communicable disease, as determined by the Illinois 31 Department of Public Health including but not limited to 32 tuberculosis, the results of the test shall be personally 33 delivered by the warden or his or her designee in a sealed 34 envelope to the judge of the court in which the inmate must HB3430 Engrossed -14- LRB9109449RCksA 1 appear for the judge's inspection in camera if requested by 2 the judge. Acting in accordance with the best interests of 3 those in the courtroom, the judge shall have the discretion 4 to determine what if any precautions need to be taken to 5 prevent transmission of the disease in the courtroom. 6 (h) Whenever a defendant is convicted of an offense 7 under Section 1 or 2 of the Hypodermic Syringes and Needles 8 Act, the defendant shall undergo medical testing to determine 9 whether the defendant has been exposed to human 10 immunodeficiency virus (HIV) or any other identified 11 causative agent of acquired immunodeficiency syndrome (AIDS). 12 Except as otherwise provided by law, the results of such test 13 shall be kept strictly confidential by all medical personnel 14 involved in the testing and must be personally delivered in a 15 sealed envelope to the judge of the court in which the 16 conviction was entered for the judge's inspection in camera. 17 Acting in accordance with the best interests of the public, 18 the judge shall have the discretion to determine to whom, if 19 anyone, the results of the testing may be revealed. The court 20 shall notify the defendant of a positive test showing an 21 infection with the human immunodeficiency virus (HIV). The 22 court shall provide information on the availability of HIV 23 testing and counseling at Department of Public Health 24 facilities to all parties to whom the results of the testing 25 are revealed and shall direct the State's Attorney to provide 26 the information to the victim when possible. A State's 27 Attorney may petition the court to obtain the results of any 28 HIV test administered under this Section, and the court 29 shall grant the disclosure if the State's Attorney shows it 30 is relevant in order to prosecute a charge of criminal 31 transmission of HIV under Section 12-16.2 of the Criminal 32 Code of 1961 against the defendant. The court shall order 33 that the cost of any such test shall be paid by the county 34 and may be taxed as costs against the convicted defendant. HB3430 Engrossed -15- LRB9109449RCksA 1 (i) All fines and penalties imposed under this Section 2 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 3 Vehicle Code, or a similar provision of a local ordinance, 4 and any violation of the Child Passenger Protection Act, or a 5 similar provision of a local ordinance, shall be collected 6 and disbursed by the circuit clerk as provided under Section 7 27.5 of the Clerks of Courts Act. 8 (j) In cases when prosecution for any violation of 9 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 10 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12 12-16 of the Criminal Code of 1961, any violation of the 13 Illinois Controlled Substances Act, or any violation of the 14 Cannabis Control Act results in conviction, a disposition of 15 court supervision, or an order of probation granted under 16 Section 10 of the Cannabis Control Act or Section 410 of the 17 Illinois Controlled Substance Act of a defendant, the court 18 shall determine whether the defendant is employed by a 19 facility or center as defined under the Child Care Act of 20 1969, a public or private elementary or secondary school, or 21 otherwise works with children under 18 years of age on a 22 daily basis. When a defendant is so employed, the court 23 shall order the Clerk of the Court to send a copy of the 24 judgment of conviction or order of supervision or probation 25 to the defendant's employer by certified mail. If the 26 employer of the defendant is a school, the Clerk of the Court 27 shall direct the mailing of a copy of the judgment of 28 conviction or order of supervision or probation to the 29 appropriate regional superintendent of schools. The regional 30 superintendent of schools shall notify the State Board of 31 Education of any notification under this subsection. 32 (j-5) A defendant at least 17 years of age who is 33 convicted of a felony and who has not been previously 34 convicted of a misdemeanor or felony and who is sentenced to HB3430 Engrossed -16- LRB9109449RCksA 1 a term of imprisonment in the Illinois Department of 2 Corrections shall as a condition of his or her sentence be 3 required by the court to attend educational courses designed 4 to prepare the defendant for a high school diploma and to 5 work toward a high school diploma or to work toward passing 6 the high school level Test of General Educational Development 7 (GED) or to work toward completing a vocational training 8 program offered by the Department of Corrections. If a 9 defendant fails to complete the educational training required 10 by his or her sentence during the term of incarceration, the 11 Prisoner Review Board shall, as a condition of mandatory 12 supervised release, require the defendant, at his or her own 13 expense, to pursue a course of study toward a high school 14 diploma or passage of the GED test. The Prisoner Review 15 Board shall revoke the mandatory supervised release of a 16 defendant who wilfully fails to comply with this subsection 17 (j-5) upon his or her release from confinement in a penal 18 institution while serving a mandatory supervised release 19 term; however, the inability of the defendant after making a 20 good faith effort to obtain financial aid or pay for the 21 educational training shall not be deemed a wilful failure to 22 comply. The Prisoner Review Board shall recommit the 23 defendant whose mandatory supervised release term has been 24 revoked under this subsection (j-5) as provided in Section 25 3-3-9. This subsection (j-5) does not apply to a defendant 26 who has a high school diploma or has successfully passed the 27 GED test. This subsection (j-5) does not apply to a defendant 28 who is determined by the court to be developmentally disabled 29 or otherwise mentally incapable of completing the educational 30 or vocational program. 31 (k) A court may not impose a sentence or disposition for 32 a felony or misdemeanor that requires the defendant to be 33 implanted or injected with or to use any form of birth 34 control. HB3430 Engrossed -17- LRB9109449RCksA 1 (l) (A) Except as provided in paragraph (C) of 2 subsection (l), whenever a defendant, who is an alien as 3 defined by the Immigration and Nationality Act, is 4 convicted of any felony or misdemeanor offense, the court 5 after sentencing the defendant may, upon motion of the 6 State's Attorney, hold sentence in abeyance and remand 7 the defendant to the custody of the Attorney General of 8 the United States or his or her designated agent to be 9 deported when: 10 (1) a final order of deportation has been 11 issued against the defendant pursuant to proceedings 12 under the Immigration and Nationality Act, and 13 (2) the deportation of the defendant would not 14 deprecate the seriousness of the defendant's conduct 15 and would not be inconsistent with the ends of 16 justice. 17 Otherwise, the defendant shall be sentenced as 18 provided in this Chapter V. 19 (B) If the defendant has already been sentenced for 20 a felony or misdemeanor offense, or has been placed on 21 probation under Section 10 of the Cannabis Control Act or 22 Section 410 of the Illinois Controlled Substances Act, 23 the court may, upon motion of the State's Attorney to 24 suspend the sentence imposed, commit the defendant to the 25 custody of the Attorney General of the United States or 26 his or her designated agent when: 27 (1) a final order of deportation has been 28 issued against the defendant pursuant to proceedings 29 under the Immigration and Nationality Act, and 30 (2) the deportation of the defendant would not 31 deprecate the seriousness of the defendant's conduct 32 and would not be inconsistent with the ends of 33 justice. 34 (C) This subsection (l) does not apply to offenders HB3430 Engrossed -18- LRB9109449RCksA 1 who are subject to the provisions of paragraph (2) of 2 subsection (a) of Section 3-6-3. 3 (D) Upon motion of the State's Attorney, if a 4 defendant sentenced under this Section returns to the 5 jurisdiction of the United States, the defendant shall be 6 recommitted to the custody of the county from which he or 7 she was sentenced. Thereafter, the defendant shall be 8 brought before the sentencing court, which may impose any 9 sentence that was available under Section 5-5-3 at the 10 time of initial sentencing. In addition, the defendant 11 shall not be eligible for additional good conduct credit 12 for meritorious service as provided under Section 3-6-6. 13 (m) A person convicted of criminal defacement of 14 property under Section 21-1.3 of the Criminal Code of 1961, 15 in which the property damage exceeds $300 and the property 16 damaged is a school building, shall be ordered to perform 17 community service that may include cleanup, removal, or 18 painting over the defacement. 19 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 20 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 21 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.) 22 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2) 23 Sec. 5-5-3.2. Factors in Aggravation. 24 (a) The following factors shall be accorded weight in 25 favor of imposing a term of imprisonment or may be considered 26 by the court as reasons to impose a more severe sentence 27 under Section 5-8-1: 28 (1) the defendant's conduct caused or threatened 29 serious harm; 30 (2) the defendant received compensation for 31 committing the offense; 32 (3) the defendant has a history of prior 33 delinquency or criminal activity; HB3430 Engrossed -19- LRB9109449RCksA 1 (4) the defendant, by the duties of his office or 2 by his position, was obliged to prevent the particular 3 offense committed or to bring the offenders committing it 4 to justice; 5 (5) the defendant held public office at the time of 6 the offense, and the offense related to the conduct of 7 that office; 8 (6) the defendant utilized his professional 9 reputation or position in the community to commit the 10 offense, or to afford him an easier means of committing 11 it; 12 (7) the sentence is necessary to deter others from 13 committing the same crime; 14 (8) the defendant committed the offense against a 15 person 60 years of age or older or such person's 16 property; 17 (9) the defendant committed the offense against a 18 person who is physically handicapped or such person's 19 property; 20 (10) (blank);by reason of another individual's21actual or perceived race, color, creed, religion,22ancestry, gender, sexual orientation, physical or mental23disability, or national origin, the defendant committed24the offense against (i) the person or property of that25individual; (ii) the person or property of a person who26has an association with, is married to, or has a27friendship with the other individual; or (iii) the person28or property of a relative (by blood or marriage) of a29person described in clause (i) or (ii). For the purposes30of this Section, "sexual orientation" means31heterosexuality, homosexuality, or bisexuality;32 (11) the offense took place in a place of worship 33 or on the grounds of a place of worship, immediately 34 prior to, during or immediately following worship HB3430 Engrossed -20- LRB9109449RCksA 1 services. For purposes of this subparagraph, "place of 2 worship" shall mean any church, synagogue or other 3 building, structure or place used primarily for religious 4 worship; 5 (12) the defendant was convicted of a felony 6 committed while he was released on bail or his own 7 recognizance pending trial for a prior felony and was 8 convicted of such prior felony, or the defendant was 9 convicted of a felony committed while he was serving a 10 period of probation, conditional discharge, or mandatory 11 supervised release under subsection (d) of Section 5-8-1 12 for a prior felony; 13 (13) the defendant committed or attempted to commit 14 a felony while he was wearing a bulletproof vest. For 15 the purposes of this paragraph (13), a bulletproof vest 16 is any device which is designed for the purpose of 17 protecting the wearer from bullets, shot or other lethal 18 projectiles; 19 (14) the defendant held a position of trust or 20 supervision such as, but not limited to, family member as 21 defined in Section 12-12 of the Criminal Code of 1961, 22 teacher, scout leader, baby sitter, or day care worker, 23 in relation to a victim under 18 years of age, and the 24 defendant committed an offense in violation of Section 25 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 26 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 27 1961 against that victim; 28 (15) the defendant committed an offense related to 29 the activities of an organized gang. For the purposes of 30 this factor, "organized gang" has the meaning ascribed to 31 it in Section 10 of the Streetgang Terrorism Omnibus 32 Prevention Act; 33 (16) the defendant committed an offense in 34 violation of one of the following Sections while in a HB3430 Engrossed -21- LRB9109449RCksA 1 school, regardless of the time of day or time of year; on 2 any conveyance owned, leased, or contracted by a school 3 to transport students to or from school or a school 4 related activity; on the real property of a school; or on 5 a public way within 1,000 feet of the real property 6 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 7 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 8 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 9 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 10 1961; 11 (16.5) the defendant committed an offense in 12 violation of one of the following Sections while in a day 13 care center, regardless of the time of day or time of 14 year; on the real property of a day care center, 15 regardless of the time of day or time of year; or on a 16 public way within 1,000 feet of the real property 17 comprising any day care center, regardless of the time of 18 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1, 19 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 20 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 21 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 22 1961; 23 (17) the defendant committed the offense by reason 24 of any person's activity as a community policing 25 volunteer or to prevent any person from engaging in 26 activity as a community policing volunteer. For the 27 purpose of this Section, "community policing volunteer" 28 has the meaning ascribed to it in Section 2-3.5 of the 29 Criminal Code of 1961;or30 (18) the defendant committed the offense in a 31 nursing home or on the real property comprising a nursing 32 home. For the purposes of this paragraph (18), "nursing 33 home" means a skilled nursing or intermediate long term 34 care facility that is subject to license by the Illinois HB3430 Engrossed -22- LRB9109449RCksA 1 Department of Public Health under the Nursing Home Care 2 Act; or.3 (19)(18)the defendant was a federally licensed 4 firearm dealer and was previously convicted of a 5 violation of subsection (a) of Section 3 of the Firearm 6 Owners Identification Card Act and has now committed 7 either a felony violation of the Firearm Owners 8 Identification Card Act or an act of armed violence while 9 armed with a firearm. 10 For the purposes of this Section: 11 "School" is defined as a public or private elementary or 12 secondary school, community college, college, or university. 13 "Day care center" means a public or private State 14 certified and licensed day care center as defined in Section 15 2.09 of the Child Care Act of 1969 that displays a sign in 16 plain view stating that the property is a day care center. 17 (b) The following factors may be considered by the court 18 as reasons to impose an extended term sentence under Section 19 5-8-2 upon any offender: 20 (1) When a defendant is convicted of any felony, 21 after having been previously convicted in Illinois or any 22 other jurisdiction of the same or similar class felony or 23 greater class felony, when such conviction has occurred 24 within 10 years after the previous conviction, excluding 25 time spent in custody, and such charges are separately 26 brought and tried and arise out of different series of 27 acts; or 28 (2) When a defendant is convicted of any felony and 29 the court finds that the offense was accompanied by 30 exceptionally brutal or heinous behavior indicative of 31 wanton cruelty; or 32 (3) When a defendant is convicted of voluntary 33 manslaughter, second degree murder, involuntary 34 manslaughter or reckless homicide in which the defendant HB3430 Engrossed -23- LRB9109449RCksA 1 has been convicted of causing the death of more than one 2 individual; or 3 (4) When a defendant is convicted of any felony 4 committed against: 5 (i) a person under 12 years of age at the time 6 of the offense or such person's property; 7 (ii) a person 60 years of age or older at the 8 time of the offense or such person's property; or 9 (iii) a person physically handicapped at the 10 time of the offense or such person's property; or 11 (5) In the case of a defendant convicted of 12 aggravated criminal sexual assault or criminal sexual 13 assault, when the court finds that aggravated criminal 14 sexual assault or criminal sexual assault was also 15 committed on the same victim by one or more other 16 individuals, and the defendant voluntarily participated 17 in the crime with the knowledge of the participation of 18 the others in the crime, and the commission of the crime 19 was part of a single course of conduct during which there 20 was no substantial change in the nature of the criminal 21 objective; or 22 (6) When a defendant is convicted of any felony and 23 the offense involved any of the following types of 24 specific misconduct committed as part of a ceremony, 25 rite, initiation, observance, performance, practice or 26 activity of any actual or ostensible religious, 27 fraternal, or social group: 28 (i) the brutalizing or torturing of humans or 29 animals; 30 (ii) the theft of human corpses; 31 (iii) the kidnapping of humans; 32 (iv) the desecration of any cemetery, 33 religious, fraternal, business, governmental, 34 educational, or other building or property; or HB3430 Engrossed -24- LRB9109449RCksA 1 (v) ritualized abuse of a child; or 2 (7) When a defendant is convicted of first degree 3 murder, after having been previously convicted in 4 Illinois of any offense listed under paragraph (c)(2) of 5 Section 5-5-3, when such conviction has occurred within 6 10 years after the previous conviction, excluding time 7 spent in custody, and such charges are separately brought 8 and tried and arise out of different series of acts; or 9 (8) When a defendant is convicted of a felony other 10 than conspiracy and the court finds that the felony was 11 committed under an agreement with 2 or more other persons 12 to commit that offense and the defendant, with respect to 13 the other individuals, occupied a position of organizer, 14 supervisor, financier, or any other position of 15 management or leadership, and the court further finds 16 that the felony committed was related to or in 17 furtherance of the criminal activities of an organized 18 gang or was motivated by the defendant's leadership in an 19 organized gang; or 20 (9) When a defendant is convicted of a felony 21 violation of Section 24-1 of the Criminal Code of 1961 22 and the court finds that the defendant is a member of an 23 organized gang; or 24 (10) When a defendant committed the offense using a 25 firearm with a laser sight attached to it. For purposes 26 of this paragraph (10), "laser sight" has the meaning 27 ascribed to it in Section 24.6-5 of the Criminal Code of 28 1961; or.29 (11)(10)When a defendant who was at least 17 30 years of age at the time of the commission of the offense 31 is convicted of a felony and has been previously 32 adjudicated a delinquent minor under the Juvenile Court 33 Act of 1987 for an act that if committed by an adult 34 would be a Class X or Class 1 felony when the conviction HB3430 Engrossed -25- LRB9109449RCksA 1 has occurred within 10 years after the previous 2 adjudication, excluding time spent in custody; or.3 (12) When a defendant is convicted of any felony 4 other than hate crime or institutional vandalism and the 5 court finds that the defendant committed the offense by 6 reason of the actual or perceived race, color, creed, 7 religion, ancestry, gender, sexual orientation, physical 8 or mental disability, or national origin of another 9 individual or group of individuals and regardless of the 10 existence of any other motivating factor or factors. For 11 purposes of this paragraph (12), "sexual orientation" 12 means heterosexuality, homosexuality, or bisexuality. 13 (b-1) For the purposes of this Section, "organized gang" 14 has the meaning ascribed to it in Section 10 of the Illinois 15 Streetgang Terrorism Omnibus Prevention Act. 16 (c) The court may impose an extended term sentence under 17 Section 5-8-2 upon any offender who was convicted of 18 aggravated criminal sexual assault or predatory criminal 19 sexual assault of a child under subsection (a)(1) of Section 20 12-14.1 of the Criminal Code of 1961 where the victim was 21 under 18 years of age at the time of the commission of the 22 offense. 23 (d) The court may impose an extended term sentence under 24 Section 5-8-2 upon any offender who was convicted of unlawful 25 use of weapons under Section 24-1 of the Criminal Code of 26 1961 for possessing a weapon that is not readily 27 distinguishable as one of the weapons enumerated in Section 28 24-1 of the Criminal Code of 1961. 29 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99; 30 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff. 31 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268, 32 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00; 33 revised 8-30-99.)