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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 002 ] |
92_HB0136eng HB0136 Engrossed LRB9201585RCcd 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, threats, 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. HB0136 Engrossed -2- LRB9201585RCcd 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, HB0136 Engrossed -3- LRB9201585RCcd 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 HB0136 Engrossed -4- LRB9201585RCcd 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 HB0136 Engrossed -5- LRB9201585RCcd 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: HB0136 Engrossed -6- LRB9201585RCcd 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 HB0136 Engrossed -7- LRB9201585RCcd 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 HB0136 Engrossed -8- LRB9201585RCcd 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 the 18 offender committed the offense for which he or she 19 is being sentenced, except as otherwise provided in 20 Section 40-10 of the Alcoholism and Other Drug Abuse 21 and Dependency Act. 22 (G) Residential burglary, except as otherwise 23 provided in Section 40-10 of the Alcoholism and 24 Other Drug Abuse and Dependency Act. 25 (H) Criminal sexual assault, except as 26 otherwise provided in subsection (e) of this 27 Section. 28 (I) Aggravated battery of a senior citizen. 29 (J) A forcible felony if the offense was 30 related to the activities of an organized gang. 31 Before July 1, 1994, for the purposes of this 32 paragraph, "organized gang" means an association of 33 5 or more persons, with an established hierarchy, 34 that encourages members of the association to HB0136 Engrossed -9- LRB9201585RCcd 1 perpetrate crimes or provides support to the members 2 of the association who do commit crimes. 3 Beginning July 1, 1994, for the purposes of 4 this paragraph, "organized gang" has the meaning 5 ascribed to it in Section 10 of the Illinois 6 Streetgang Terrorism Omnibus Prevention Act. 7 (K) Vehicular hijacking. 8 (L) A second or subsequent conviction for the 9 offense of hate crimewhen the underlying offense10upon which the hate crime is based is felony11aggravated assault or felony mob action. 12 (M) A second or subsequent conviction for the 13 offense of institutional vandalismif the damage to14the property exceeds $300. 15 (N) A Class 3 felony violation of paragraph 16 (1) of subsection (a) of Section 2 of the Firearm 17 Owners Identification Card Act. 18 (O) A violation of Section 12-6.1 of the 19 Criminal Code of 1961. 20 (P) A violation of paragraph (1), (2), (3), 21 (4), (5), or (7) of subsection (a) of Section 22 11-20.1 of the Criminal Code of 1961. 23 (Q) A violation of Section 20-1.2 of the 24 Criminal Code of 1961. 25 (R) A violation of Section 24-3A of the 26 Criminal Code of 1961. 27 (3) A minimum term of imprisonment of not less than 28 48 consecutive hours or 100 hours of community service as 29 may be determined by the court shall be imposed for a 30 second or subsequent violation committed within 5 years 31 of a previous violation of Section 11-501 of the Illinois 32 Vehicle Code or a similar provision of a local ordinance. 33 (4) A minimum term of imprisonment of not less than 34 7 consecutive days or 30 days of community service shall HB0136 Engrossed -10- LRB9201585RCcd 1 be imposed for a violation of paragraph (c) of Section 2 6-303 of the Illinois Vehicle Code. 3 (4.1) A minimum term of 30 consecutive days of 4 imprisonment, 40 days of 24 hour periodic imprisonment or 5 720 hours of community service, as may be determined by 6 the court, shall be imposed for a violation of Section 7 11-501 of the Illinois Vehicle Code during a period in 8 which the defendant's driving privileges are revoked or 9 suspended, where the revocation or suspension was for a 10 violation of Section 11-501 or Section 11-501.1 of that 11 Code. 12 (5) The court may sentence an offender convicted of 13 a business offense or a petty offense or a corporation or 14 unincorporated association convicted of any offense to: 15 (A) a period of conditional discharge; 16 (B) a fine; 17 (C) make restitution to the victim under 18 Section 5-5-6 of this Code. 19 (6) In no case shall an offender be eligible for a 20 disposition of probation or conditional discharge for a 21 Class 1 felony committed while he was serving a term of 22 probation or conditional discharge for a felony. 23 (7) When a defendant is adjudged a habitual 24 criminal under Article 33B of the Criminal Code of 1961, 25 the court shall sentence the defendant to a term of 26 natural life imprisonment. 27 (8) When a defendant, over the age of 21 years, is 28 convicted of a Class 1 or Class 2 felony, after having 29 twice been convicted of any Class 2 or greater Class 30 felonies in Illinois, and such charges are separately 31 brought and tried and arise out of different series of 32 acts, such defendant shall be sentenced as a Class X 33 offender. This paragraph shall not apply unless (1) the 34 first felony was committed after the effective date of HB0136 Engrossed -11- LRB9201585RCcd 1 this amendatory Act of 1977; and (2) the second felony 2 was committed after conviction on the first; and (3) the 3 third felony was committed after conviction on the 4 second. 5 (9) A defendant convicted of a second or subsequent 6 offense of ritualized abuse of a child may be sentenced 7 to a term of natural life imprisonment. 8 (d) In any case in which a sentence originally imposed 9 is vacated, the case shall be remanded to the trial court. 10 The trial court shall hold a hearing under Section 5-4-1 of 11 the Unified Code of Corrections which may include evidence of 12 the defendant's life, moral character and occupation during 13 the time since the original sentence was passed. The trial 14 court shall then impose sentence upon the defendant. The 15 trial court may impose any sentence which could have been 16 imposed at the original trial subject to Section 5-5-4 of the 17 Unified Code of Corrections. 18 (e) In cases where prosecution for criminal sexual 19 assault or aggravated criminal sexual abuse under Section 20 12-13 or 12-16 of the Criminal Code of 1961 results in 21 conviction of a defendant who was a family member of the 22 victim at the time of the commission of the offense, the 23 court shall consider the safety and welfare of the victim and 24 may impose a sentence of probation only where: 25 (1) the court finds (A) or (B) or both are 26 appropriate: 27 (A) the defendant is willing to undergo a 28 court approved counseling program for a minimum 29 duration of 2 years; or 30 (B) the defendant is willing to participate in 31 a court approved plan including but not limited to 32 the defendant's: 33 (i) removal from the household; 34 (ii) restricted contact with the victim; HB0136 Engrossed -12- LRB9201585RCcd 1 (iii) continued financial support of the 2 family; 3 (iv) restitution for harm done to the 4 victim; and 5 (v) compliance with any other measures 6 that the court may deem appropriate; and 7 (2) the court orders the defendant to pay for the 8 victim's counseling services, to the extent that the 9 court finds, after considering the defendant's income and 10 assets, that the defendant is financially capable of 11 paying for such services, if the victim was under 18 12 years of age at the time the offense was committed and 13 requires counseling as a result of the offense. 14 Probation may be revoked or modified pursuant to Section 15 5-6-4; except where the court determines at the hearing that 16 the defendant violated a condition of his or her probation 17 restricting contact with the victim or other family members 18 or commits another offense with the victim or other family 19 members, the court shall revoke the defendant's probation and 20 impose a term of imprisonment. 21 For the purposes of this Section, "family member" and 22 "victim" shall have the meanings ascribed to them in Section 23 12-12 of the Criminal Code of 1961. 24 (f) This Article shall not deprive a court in other 25 proceedings to order a forfeiture of property, to suspend or 26 cancel a license, to remove a person from office, or to 27 impose any other civil penalty. 28 (g) Whenever a defendant is convicted of an offense 29 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 30 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 31 12-15 or 12-16 of the Criminal Code of 1961, the defendant 32 shall undergo medical testing to determine whether the 33 defendant has any sexually transmissible disease, including a 34 test for infection with human immunodeficiency virus (HIV) or HB0136 Engrossed -13- LRB9201585RCcd 1 any other identified causative agent of acquired 2 immunodeficiency syndrome (AIDS). Any such medical test 3 shall be performed only by appropriately licensed medical 4 practitioners and may include an analysis of any bodily 5 fluids as well as an examination of the defendant's person. 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 victim 12 and the public, the judge shall have the discretion to 13 determine to whom, if anyone, the results of the testing may 14 be revealed. The court shall notify the defendant of the test 15 results. The court shall also notify the victim if requested 16 by the victim, and if the victim is under the age of 15 and 17 if requested by the victim's parents or legal guardian, the 18 court shall notify the victim's parents or legal guardian of 19 the test results. The court shall provide information on the 20 availability of HIV testing and counseling at Department of 21 Public Health facilities to all parties to whom the results 22 of the testing are revealed and shall direct the State's 23 Attorney to provide the information to the victim when 24 possible. A State's Attorney may petition the court to obtain 25 the results of any HIV test administered under this Section, 26 and the court shall grant the disclosure if the State's 27 Attorney shows it is relevant in order to prosecute a charge 28 of criminal transmission of HIV under Section 12-16.2 of the 29 Criminal Code of 1961 against the defendant. The court shall 30 order that the cost of any such test shall be paid by the 31 county and may be taxed as costs against the convicted 32 defendant. 33 (g-5) When an inmate is tested for an airborne 34 communicable disease, as determined by the Illinois HB0136 Engrossed -14- LRB9201585RCcd 1 Department of Public Health including but not limited to 2 tuberculosis, the results of the test shall be personally 3 delivered by the warden or his or her designee in a sealed 4 envelope to the judge of the court in which the inmate must 5 appear for the judge's inspection in camera if requested by 6 the judge. Acting in accordance with the best interests of 7 those in the courtroom, the judge shall have the discretion 8 to determine what if any precautions need to be taken to 9 prevent transmission of the disease in the courtroom. 10 (h) Whenever a defendant is convicted of an offense 11 under Section 1 or 2 of the Hypodermic Syringes and Needles 12 Act, the defendant shall undergo medical testing to determine 13 whether the defendant has been exposed to human 14 immunodeficiency virus (HIV) or any other identified 15 causative agent of acquired immunodeficiency syndrome (AIDS). 16 Except as otherwise provided by law, the results of such test 17 shall be kept strictly confidential by all medical personnel 18 involved in the testing and must be personally delivered in a 19 sealed envelope to the judge of the court in which the 20 conviction was entered for the judge's inspection in camera. 21 Acting in accordance with the best interests of the public, 22 the judge shall have the discretion to determine to whom, if 23 anyone, the results of the testing may be revealed. The court 24 shall notify the defendant of a positive test showing an 25 infection with the human immunodeficiency virus (HIV). The 26 court shall provide information on the availability of HIV 27 testing and counseling at Department of Public Health 28 facilities to all parties to whom the results of the testing 29 are revealed and shall direct the State's Attorney to provide 30 the information to the victim when possible. A State's 31 Attorney may petition the court to obtain the results of any 32 HIV test administered under this Section, and the court 33 shall grant the disclosure if the State's Attorney shows it 34 is relevant in order to prosecute a charge of criminal HB0136 Engrossed -15- LRB9201585RCcd 1 transmission of HIV under Section 12-16.2 of the Criminal 2 Code of 1961 against the defendant. The court shall order 3 that the cost of any such test shall be paid by the county 4 and may be taxed as costs against the convicted defendant. 5 (i) All fines and penalties imposed under this Section 6 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 7 Vehicle Code, or a similar provision of a local ordinance, 8 and any violation of the Child Passenger Protection Act, or a 9 similar provision of a local ordinance, shall be collected 10 and disbursed by the circuit clerk as provided under Section 11 27.5 of the Clerks of Courts Act. 12 (j) In cases when prosecution for any violation of 13 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 14 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 15 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 16 12-16 of the Criminal Code of 1961, any violation of the 17 Illinois Controlled Substances Act, or any violation of the 18 Cannabis Control Act results in conviction, a disposition of 19 court supervision, or an order of probation granted under 20 Section 10 of the Cannabis Control Act or Section 410 of the 21 Illinois Controlled Substance Act of a defendant, the court 22 shall determine whether the defendant is employed by a 23 facility or center as defined under the Child Care Act of 24 1969, a public or private elementary or secondary school, or 25 otherwise works with children under 18 years of age on a 26 daily basis. When a defendant is so employed, the court 27 shall order the Clerk of the Court to send a copy of the 28 judgment of conviction or order of supervision or probation 29 to the defendant's employer by certified mail. If the 30 employer of the defendant is a school, the Clerk of the Court 31 shall direct the mailing of a copy of the judgment of 32 conviction or order of supervision or probation to the 33 appropriate regional superintendent of schools. The regional 34 superintendent of schools shall notify the State Board of HB0136 Engrossed -16- LRB9201585RCcd 1 Education of any notification under this subsection. 2 (j-5) A defendant at least 17 years of age who is 3 convicted of a felony and who has not been previously 4 convicted of a misdemeanor or felony and who is sentenced to 5 a term of imprisonment in the Illinois Department of 6 Corrections shall as a condition of his or her sentence be 7 required by the court to attend educational courses designed 8 to prepare the defendant for a high school diploma and to 9 work toward a high school diploma or to work toward passing 10 the high school level Test of General Educational Development 11 (GED) or to work toward completing a vocational training 12 program offered by the Department of Corrections. If a 13 defendant fails to complete the educational training required 14 by his or her sentence during the term of incarceration, the 15 Prisoner Review Board shall, as a condition of mandatory 16 supervised release, require the defendant, at his or her own 17 expense, to pursue a course of study toward a high school 18 diploma or passage of the GED test. The Prisoner Review 19 Board shall revoke the mandatory supervised release of a 20 defendant who wilfully fails to comply with this subsection 21 (j-5) upon his or her release from confinement in a penal 22 institution while serving a mandatory supervised release 23 term; however, the inability of the defendant after making a 24 good faith effort to obtain financial aid or pay for the 25 educational training shall not be deemed a wilful failure to 26 comply. The Prisoner Review Board shall recommit the 27 defendant whose mandatory supervised release term has been 28 revoked under this subsection (j-5) as provided in Section 29 3-3-9. This subsection (j-5) does not apply to a defendant 30 who has a high school diploma or has successfully passed the 31 GED test. This subsection (j-5) does not apply to a defendant 32 who is determined by the court to be developmentally disabled 33 or otherwise mentally incapable of completing the educational 34 or vocational program. HB0136 Engrossed -17- LRB9201585RCcd 1 (k) A court may not impose a sentence or disposition for 2 a felony or misdemeanor that requires the defendant to be 3 implanted or injected with or to use any form of birth 4 control. 5 (l) (A) Except as provided in paragraph (C) of 6 subsection (l), whenever a defendant, who is an alien as 7 defined by the Immigration and Nationality Act, is 8 convicted of any felony or misdemeanor offense, the court 9 after sentencing the defendant may, upon motion of the 10 State's Attorney, hold sentence in abeyance and remand 11 the defendant to the custody of the Attorney General of 12 the United States or his or her designated agent to be 13 deported when: 14 (1) a final order of deportation has been 15 issued against the defendant pursuant to proceedings 16 under the Immigration and Nationality Act, and 17 (2) the deportation of the defendant would not 18 deprecate the seriousness of the defendant's conduct 19 and would not be inconsistent with the ends of 20 justice. 21 Otherwise, the defendant shall be sentenced as 22 provided in this Chapter V. 23 (B) If the defendant has already been sentenced for 24 a felony or misdemeanor offense, or has been placed on 25 probation under Section 10 of the Cannabis Control Act or 26 Section 410 of the Illinois Controlled Substances Act, 27 the court may, upon motion of the State's Attorney to 28 suspend the sentence imposed, commit the defendant to the 29 custody of the Attorney General of the United States or 30 his or her designated agent when: 31 (1) a final order of deportation has been 32 issued against the defendant pursuant to proceedings 33 under the Immigration and Nationality Act, and 34 (2) the deportation of the defendant would not HB0136 Engrossed -18- LRB9201585RCcd 1 deprecate the seriousness of the defendant's conduct 2 and would not be inconsistent with the ends of 3 justice. 4 (C) This subsection (l) does not apply to offenders 5 who are subject to the provisions of paragraph (2) of 6 subsection (a) of Section 3-6-3. 7 (D) Upon motion of the State's Attorney, if a 8 defendant sentenced under this Section returns to the 9 jurisdiction of the United States, the defendant shall be 10 recommitted to the custody of the county from which he or 11 she was sentenced. Thereafter, the defendant shall be 12 brought before the sentencing court, which may impose any 13 sentence that was available under Section 5-5-3 at the 14 time of initial sentencing. In addition, the defendant 15 shall not be eligible for additional good conduct credit 16 for meritorious service as provided under Section 3-6-6. 17 (m) A person convicted of criminal defacement of 18 property under Section 21-1.3 of the Criminal Code of 1961, 19 in which the property damage exceeds $300 and the property 20 damaged is a school building, shall be ordered to perform 21 community service that may include cleanup, removal, or 22 painting over the defacement. 23 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 24 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 25 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 26 12-22-99; 91-695, eff. 4-13-00.) 27 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2) 28 Sec. 5-5-3.2. Factors in Aggravation. 29 (a) The following factors shall be accorded weight in 30 favor of imposing a term of imprisonment or may be considered 31 by the court as reasons to impose a more severe sentence 32 under Section 5-8-1: 33 (1) the defendant's conduct caused or threatened HB0136 Engrossed -19- LRB9201585RCcd 1 serious harm; 2 (2) the defendant received compensation for 3 committing the offense; 4 (3) the defendant has a history of prior 5 delinquency or criminal activity; 6 (4) the defendant, by the duties of his office or 7 by his position, was obliged to prevent the particular 8 offense committed or to bring the offenders committing it 9 to justice; 10 (5) the defendant held public office at the time of 11 the offense, and the offense related to the conduct of 12 that office; 13 (6) the defendant utilized his professional 14 reputation or position in the community to commit the 15 offense, or to afford him an easier means of committing 16 it; 17 (7) the sentence is necessary to deter others from 18 committing the same crime; 19 (8) the defendant committed the offense against a 20 person 60 years of age or older or such person's 21 property; 22 (9) the defendant committed the offense against a 23 person who is physically handicapped or such person's 24 property; 25 (10) (blank);by reason of another individual's26actual or perceived race, color, creed, religion,27ancestry, gender, sexual orientation, physical or mental28disability, or national origin, the defendant committed29the offense against (i) the person or property of that30individual; (ii) the person or property of a person who31has an association with, is married to, or has a32friendship with the other individual; or (iii) the person33or property of a relative (by blood or marriage) of a34person described in clause (i) or (ii). For the purposesHB0136 Engrossed -20- LRB9201585RCcd 1of this Section, "sexual orientation" means2heterosexuality, homosexuality, or bisexuality;3 (11) the offense took place in a place of worship 4 or on the grounds of a place of worship, immediately 5 prior to, during or immediately following worship 6 services. For purposes of this subparagraph, "place of 7 worship" shall mean any church, synagogue or other 8 building, structure or place used primarily for religious 9 worship; 10 (12) the defendant was convicted of a felony 11 committed while he was released on bail or his own 12 recognizance pending trial for a prior felony and was 13 convicted of such prior felony, or the defendant was 14 convicted of a felony committed while he was serving a 15 period of probation, conditional discharge, or mandatory 16 supervised release under subsection (d) of Section 5-8-1 17 for a prior felony; 18 (13) the defendant committed or attempted to commit 19 a felony while he was wearing a bulletproof vest. For 20 the purposes of this paragraph (13), a bulletproof vest 21 is any device which is designed for the purpose of 22 protecting the wearer from bullets, shot or other lethal 23 projectiles; 24 (14) the defendant held a position of trust or 25 supervision such as, but not limited to, family member as 26 defined in Section 12-12 of the Criminal Code of 1961, 27 teacher, scout leader, baby sitter, or day care worker, 28 in relation to a victim under 18 years of age, and the 29 defendant committed an offense in violation of Section 30 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 31 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 32 1961 against that victim; 33 (15) the defendant committed an offense related to 34 the activities of an organized gang. For the purposes of HB0136 Engrossed -21- LRB9201585RCcd 1 this factor, "organized gang" has the meaning ascribed to 2 it in Section 10 of the Streetgang Terrorism Omnibus 3 Prevention Act; 4 (16) the defendant committed an offense in 5 violation of one of the following Sections while in a 6 school, regardless of the time of day or time of year; on 7 any conveyance owned, leased, or contracted by a school 8 to transport students to or from school or a school 9 related activity; on the real property of a school; or on 10 a public way within 1,000 feet of the real property 11 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1, 12 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 13 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 14 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 15 1961; 16 (16.5) the defendant committed an offense in 17 violation of one of the following Sections while in a day 18 care center, regardless of the time of day or time of 19 year; on the real property of a day care center, 20 regardless of the time of day or time of year; or on a 21 public way within 1,000 feet of the real property 22 comprising any day care center, regardless of the time of 23 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1, 24 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 25 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 26 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of 27 1961; 28 (17) the defendant committed the offense by reason 29 of any person's activity as a community policing 30 volunteer or to prevent any person from engaging in 31 activity as a community policing volunteer. For the 32 purpose of this Section, "community policing volunteer" 33 has the meaning ascribed to it in Section 2-3.5 of the 34 Criminal Code of 1961; HB0136 Engrossed -22- LRB9201585RCcd 1 (18) the defendant committed the offense in a 2 nursing home or on the real property comprising a nursing 3 home. For the purposes of this paragraph (18), "nursing 4 home" means a skilled nursing or intermediate long term 5 care facility that is subject to license by the Illinois 6 Department of Public Health under the Nursing Home Care 7 Act; or 8 (19) the defendant was a federally licensed firearm 9 dealer and was previously convicted of a violation of 10 subsection (a) of Section 3 of the Firearm Owners 11 Identification Card Act and has now committed either a 12 felony violation of the Firearm Owners Identification 13 Card Act or an act of armed violence while armed with a 14 firearm. 15 For the purposes of this Section: 16 "School" is defined as a public or private elementary or 17 secondary school, community college, college, or university. 18 "Day care center" means a public or private State 19 certified and licensed day care center as defined in Section 20 2.09 of the Child Care Act of 1969 that displays a sign in 21 plain view stating that the property is a day care center. 22 (b) The following factors may be considered by the court 23 as reasons to impose an extended term sentence under Section 24 5-8-2 upon any offender: 25 (1) When a defendant is convicted of any felony, 26 after having been previously convicted in Illinois or any 27 other jurisdiction of the same or similar class felony or 28 greater class felony, when such conviction has occurred 29 within 10 years after the previous conviction, excluding 30 time spent in custody, and such charges are separately 31 brought and tried and arise out of different series of 32 acts; or 33 (2) When a defendant is convicted of any felony and 34 the court finds that the offense was accompanied by HB0136 Engrossed -23- LRB9201585RCcd 1 exceptionally brutal or heinous behavior indicative of 2 wanton cruelty; or 3 (3) When a defendant is convicted of voluntary 4 manslaughter, second degree murder, involuntary 5 manslaughter or reckless homicide in which the defendant 6 has been convicted of causing the death of more than one 7 individual; or 8 (4) When a defendant is convicted of any felony 9 committed against: 10 (i) a person under 12 years of age at the time 11 of the offense or such person's property; 12 (ii) a person 60 years of age or older at the 13 time of the offense or such person's property; or 14 (iii) a person physically handicapped at the 15 time of the offense or such person's property; or 16 (5) In the case of a defendant convicted of 17 aggravated criminal sexual assault or criminal sexual 18 assault, when the court finds that aggravated criminal 19 sexual assault or criminal sexual assault was also 20 committed on the same victim by one or more other 21 individuals, and the defendant voluntarily participated 22 in the crime with the knowledge of the participation of 23 the others in the crime, and the commission of the crime 24 was part of a single course of conduct during which there 25 was no substantial change in the nature of the criminal 26 objective; or 27 (6) When a defendant is convicted of any felony and 28 the offense involved any of the following types of 29 specific misconduct committed as part of a ceremony, 30 rite, initiation, observance, performance, practice or 31 activity of any actual or ostensible religious, 32 fraternal, or social group: 33 (i) the brutalizing or torturing of humans or 34 animals; HB0136 Engrossed -24- LRB9201585RCcd 1 (ii) the theft of human corpses; 2 (iii) the kidnapping of humans; 3 (iv) the desecration of any cemetery, 4 religious, fraternal, business, governmental, 5 educational, or other building or property; or 6 (v) ritualized abuse of a child; or 7 (7) When a defendant is convicted of first degree 8 murder, after having been previously convicted in 9 Illinois of any offense listed under paragraph (c)(2) of 10 Section 5-5-3, when such conviction has occurred within 11 10 years after the previous conviction, excluding time 12 spent in custody, and such charges are separately brought 13 and tried and arise out of different series of acts; or 14 (8) When a defendant is convicted of a felony other 15 than conspiracy and the court finds that the felony was 16 committed under an agreement with 2 or more other persons 17 to commit that offense and the defendant, with respect to 18 the other individuals, occupied a position of organizer, 19 supervisor, financier, or any other position of 20 management or leadership, and the court further finds 21 that the felony committed was related to or in 22 furtherance of the criminal activities of an organized 23 gang or was motivated by the defendant's leadership in an 24 organized gang; or 25 (9) When a defendant is convicted of a felony 26 violation of Section 24-1 of the Criminal Code of 1961 27 and the court finds that the defendant is a member of an 28 organized gang; or 29 (10) When a defendant committed the offense using a 30 firearm with a laser sight attached to it. For purposes 31 of this paragraph (10), "laser sight" has the meaning 32 ascribed to it in Section 24.6-5 of the Criminal Code of 33 1961; or 34 (11) When a defendant who was at least 17 years of HB0136 Engrossed -25- LRB9201585RCcd 1 age at the time of the commission of the offense is 2 convicted of a felony and has been previously adjudicated 3 a delinquent minor under the Juvenile Court Act of 1987 4 for an act that if committed by an adult would be a Class 5 X or Class 1 felony when the conviction has occurred 6 within 10 years after the previous adjudication, 7 excluding time spent in custody; or.8 (12) When a defendant is convicted of any felony 9 other than hate crime or institutional vandalism and the 10 court finds that the defendant committed the offense by 11 reason of the actual or perceived race, color, creed, 12 religion, ancestry, gender, sexual orientation, physical 13 or mental disability, or national origin of another 14 individual or group of individuals and regardless of the 15 existence of any other motivating factor or factors. For 16 purposes of this paragraph (12), "sexual orientation" 17 means heterosexuality, homosexuality, or bisexuality. 18 (b-1) For the purposes of this Section, "organized gang" 19 has the meaning ascribed to it in Section 10 of the Illinois 20 Streetgang Terrorism Omnibus Prevention Act. 21 (c) The court may impose an extended term sentence under 22 Section 5-8-2 upon any offender who was convicted of 23 aggravated criminal sexual assault or predatory criminal 24 sexual assault of a child under subsection (a)(1) of Section 25 12-14.1 of the Criminal Code of 1961 where the victim was 26 under 18 years of age at the time of the commission of the 27 offense. 28 (d) The court may impose an extended term sentence under 29 Section 5-8-2 upon any offender who was convicted of unlawful 30 use of weapons under Section 24-1 of the Criminal Code of 31 1961 for possessing a weapon that is not readily 32 distinguishable as one of the weapons enumerated in Section 33 24-1 of the Criminal Code of 1961. 34 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99; HB0136 Engrossed -26- LRB9201585RCcd 1 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff. 2 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268, 3 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00; 4 91-696, eff. 4-13-00.)