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92_HB0180eng HB0180 Engrossed LRB9201921DHmb 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-206 and 11-907 as follows: 6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 7 Sec. 6-206. Discretionary authority to suspend or revoke 8 license or permit; Right to a hearing. 9 (a) The Secretary of State is authorized to suspend or 10 revoke the driving privileges of any person without 11 preliminary hearing upon a showing of the person's records or 12 other sufficient evidence that the person: 13 1. Has committed an offense for which mandatory 14 revocation of a driver's license or permit is required 15 upon conviction; 16 2. Has been convicted of not less than 3 offenses 17 against traffic regulations governing the movement of 18 vehicles committed within any 12 month period. No 19 revocation or suspension shall be entered more than 6 20 months after the date of last conviction; 21 3. Has been repeatedly involved as a driver in 22 motor vehicle collisions or has been repeatedly convicted 23 of offenses against laws and ordinances regulating the 24 movement of traffic, to a degree that indicates lack of 25 ability to exercise ordinary and reasonable care in the 26 safe operation of a motor vehicle or disrespect for the 27 traffic laws and the safety of other persons upon the 28 highway; 29 4. Has by the unlawful operation of a motor vehicle 30 caused or contributed to an accident resulting in death 31 or injury requiring immediate professional treatment in a HB0180 Engrossed -2- LRB9201921DHmb 1 medical facility or doctor's office to any person, except 2 that any suspension or revocation imposed by the 3 Secretary of State under the provisions of this 4 subsection shall start no later than 6 months after being 5 convicted of violating a law or ordinance regulating the 6 movement of traffic, which violation is related to the 7 accident, or shall start not more than one year after the 8 date of the accident, whichever date occurs later; 9 5. Has permitted an unlawful or fraudulent use of a 10 driver's license, identification card, or permit; 11 6. Has been lawfully convicted of an offense or 12 offenses in another state, including the authorization 13 contained in Section 6-203.1, which if committed within 14 this State would be grounds for suspension or revocation; 15 7. Has refused or failed to submit to an 16 examination provided for by Section 6-207 or has failed 17 to pass the examination; 18 8. Is ineligible for a driver's license or permit 19 under the provisions of Section 6-103; 20 9. Has made a false statement or knowingly 21 concealed a material fact or has used false information 22 or identification in any application for a license, 23 identification card, or permit; 24 10. Has possessed, displayed, or attempted to 25 fraudulently use any license, identification card, or 26 permit not issued to the person; 27 11. Has operated a motor vehicle upon a highway of 28 this State when the person's driving privilege or 29 privilege to obtain a driver's license or permit was 30 revoked or suspended unless the operation was authorized 31 by a judicial driving permit, probationary license to 32 drive, or a restricted driving permit issued under this 33 Code; 34 12. Has submitted to any portion of the application HB0180 Engrossed -3- LRB9201921DHmb 1 process for another person or has obtained the services 2 of another person to submit to any portion of the 3 application process for the purpose of obtaining a 4 license, identification card, or permit for some other 5 person; 6 13. Has operated a motor vehicle upon a highway of 7 this State when the person's driver's license or permit 8 was invalid under the provisions of Sections 6-107.1 and 9 6-110; 10 14. Has committed a violation of Section 6-301, 11 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 12 14B of the Illinois Identification Card Act; 13 15. Has been convicted of violating Section 21-2 of 14 the Criminal Code of 1961 relating to criminal trespass 15 to vehicles in which case, the suspension shall be for 16 one year; 17 16. Has been convicted of violating Section 11-204 18 of this Code relating to fleeing from a police officer; 19 17. Has refused to submit to a test, or tests, as 20 required under Section 11-501.1 of this Code and the 21 person has not sought a hearing as provided for in 22 Section 11-501.1; 23 18. Has, since issuance of a driver's license or 24 permit, been adjudged to be afflicted with or suffering 25 from any mental disability or disease; 26 19. Has committed a violation of paragraph (a) or 27 (b) of Section 6-101 relating to driving without a 28 driver's license; 29 20. Has been convicted of violating Section 6-104 30 relating to classification of driver's license; 31 21. Has been convicted of violating Section 11-402 32 of this Code relating to leaving the scene of an accident 33 resulting in damage to a vehicle in excess of $1,000, in 34 which case the suspension shall be for one year; HB0180 Engrossed -4- LRB9201921DHmb 1 22. Has used a motor vehicle in violating paragraph 2 (3), (4), (7), or (9) of subsection (a) of Section 24-1 3 of the Criminal Code of 1961 relating to unlawful use of 4 weapons, in which case the suspension shall be for one 5 year; 6 23. Has, as a driver, been convicted of committing 7 a violation of paragraph (a) of Section 11-502 of this 8 Code for a second or subsequent time within one year of a 9 similar violation; 10 24. Has been convicted by a court-martial or 11 punished by non-judicial punishment by military 12 authorities of the United States at a military 13 installation in Illinois of or for a traffic related 14 offense that is the same as or similar to an offense 15 specified under Section 6-205 or 6-206 of this Code; 16 25. Has permitted any form of identification to be 17 used by another in the application process in order to 18 obtain or attempt to obtain a license, identification 19 card, or permit; 20 26. Has altered or attempted to alter a license or 21 has possessed an altered license, identification card, or 22 permit; 23 27. Has violated Section 6-16 of the Liquor Control 24 Act of 1934; 25 28. Has been convicted of the illegal possession, 26 while operating or in actual physical control, as a 27 driver, of a motor vehicle, of any controlled substance 28 prohibited under the Illinois Controlled Substances Act 29 or any cannabis prohibited under the provisions of the 30 Cannabis Control Act, in which case the person's driving 31 privileges shall be suspended for one year, and any 32 driver who is convicted of a second or subsequent 33 offense, within 5 years of a previous conviction, for the 34 illegal possession, while operating or in actual physical HB0180 Engrossed -5- LRB9201921DHmb 1 control, as a driver, of a motor vehicle, of any 2 controlled substance prohibited under the provisions of 3 the Illinois Controlled Substances Act or any cannabis 4 prohibited under the Cannabis Control Act shall be 5 suspended for 5 years. Any defendant found guilty of this 6 offense while operating a motor vehicle, shall have an 7 entry made in the court record by the presiding judge 8 that this offense did occur while the defendant was 9 operating a motor vehicle and order the clerk of the 10 court to report the violation to the Secretary of State; 11 29. Has been convicted of the following offenses 12 that were committed while the person was operating or in 13 actual physical control, as a driver, of a motor vehicle: 14 criminal sexual assault, predatory criminal sexual 15 assault of a child, aggravated criminal sexual assault, 16 criminal sexual abuse, aggravated criminal sexual abuse, 17 juvenile pimping, soliciting for a juvenile prostitute 18 and the manufacture, sale or delivery of controlled 19 substances or instruments used for illegal drug use or 20 abuse in which case the driver's driving privileges shall 21 be suspended for one year; 22 30. Has been convicted a second or subsequent time 23 for any combination of the offenses named in paragraph 29 24 of this subsection, in which case the person's driving 25 privileges shall be suspended for 5 years; 26 31. Has refused to submit to a test as required by 27 Section 11-501.6 or has submitted to a test resulting in 28 an alcohol concentration of 0.08 or more or any amount of 29 a drug, substance, or compound resulting from the 30 unlawful use or consumption of cannabis as listed in the 31 Cannabis Control Act or a controlled substance as listed 32 in the Illinois Controlled Substances Act in which case 33 the penalty shall be as prescribed in Section 6-208.1; 34 32. Has been convicted of Section 24-1.2 of the HB0180 Engrossed -6- LRB9201921DHmb 1 Criminal Code of 1961 relating to the aggravated 2 discharge of a firearm if the offender was located in a 3 motor vehicle at the time the firearm was discharged, in 4 which case the suspension shall be for 3 years; 5 33. Has as a driver, who was less than 21 years of 6 age on the date of the offense, been convicted a first 7 time of a violation of paragraph (a) of Section 11-502 of 8 this Code or a similar provision of a local ordinance; 9 34. Has committed a violation of Section 11-1301.5 10 of this Code; 11 35. Has committed a violation of Section 11-1301.6 12 of this Code;or13 36. Is under the age of 21 years at the time of 14 arrest and has been convicted of not less than 2 15 offenses against traffic regulations governing the 16 movement of vehicles committed within any 24 month 17 period. No revocation or suspension shall be entered 18 more than 6 months after the date of last conviction; 19 or.20 37. Has committed a violation of subsection (c) of 21 Section 11-907 of this Code. 22 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 23 and 27 of this subsection, license means any driver's 24 license, any traffic ticket issued when the person's driver's 25 license is deposited in lieu of bail, a suspension notice 26 issued by the Secretary of State, a duplicate or corrected 27 driver's license, a probationary driver's license or a 28 temporary driver's license. 29 (b) If any conviction forming the basis of a suspension 30 or revocation authorized under this Section is appealed, the 31 Secretary of State may rescind or withhold the entry of the 32 order of suspension or revocation, as the case may be, 33 provided that a certified copy of a stay order of a court is 34 filed with the Secretary of State. If the conviction is HB0180 Engrossed -7- LRB9201921DHmb 1 affirmed on appeal, the date of the conviction shall relate 2 back to the time the original judgment of conviction was 3 entered and the 6 month limitation prescribed shall not 4 apply. 5 (c) 1. Upon suspending or revoking the driver's license 6 or permit of any person as authorized in this Section, 7 the Secretary of State shall immediately notify the 8 person in writing of the revocation or suspension. The 9 notice to be deposited in the United States mail, postage 10 prepaid, to the last known address of the person. 11 2. If the Secretary of State suspends the driver's 12 license of a person under subsection 2 of paragraph (a) 13 of this Section, a person's privilege to operate a 14 vehicle as an occupation shall not be suspended, provided 15 an affidavit is properly completed, the appropriate fee 16 received, and a permit issued prior to the effective date 17 of the suspension, unless 5 offenses were committed, at 18 least 2 of which occurred while operating a commercial 19 vehicle in connection with the driver's regular 20 occupation. All other driving privileges shall be 21 suspended by the Secretary of State. Any driver prior to 22 operating a vehicle for occupational purposes only must 23 submit the affidavit on forms to be provided by the 24 Secretary of State setting forth the facts of the 25 person's occupation. The affidavit shall also state the 26 number of offenses committed while operating a vehicle in 27 connection with the driver's regular occupation. The 28 affidavit shall be accompanied by the driver's license. 29 Upon receipt of a properly completed affidavit, the 30 Secretary of State shall issue the driver a permit to 31 operate a vehicle in connection with the driver's regular 32 occupation only. Unless the permit is issued by the 33 Secretary of State prior to the date of suspension, the 34 privilege to drive any motor vehicle shall be suspended HB0180 Engrossed -8- LRB9201921DHmb 1 as set forth in the notice that was mailed under this 2 Section. If an affidavit is received subsequent to the 3 effective date of this suspension, a permit may be issued 4 for the remainder of the suspension period. 5 The provisions of this subparagraph shall not apply 6 to any driver required to obtain a commercial driver's 7 license under Section 6-507 during the period of a 8 disqualification of commercial driving privileges under 9 Section 6-514. 10 Any person who falsely states any fact in the 11 affidavit required herein shall be guilty of perjury 12 under Section 6-302 and upon conviction thereof shall 13 have all driving privileges revoked without further 14 rights. 15 3. At the conclusion of a hearing under Section 16 2-118 of this Code, the Secretary of State shall either 17 rescind or continue an order of revocation or shall 18 substitute an order of suspension; or, good cause 19 appearing therefor, rescind, continue, change, or extend 20 the order of suspension. If the Secretary of State does 21 not rescind the order, the Secretary may upon 22 application, to relieve undue hardship, issue a 23 restricted driving permit granting the privilege of 24 driving a motor vehicle between the petitioner's 25 residence and petitioner's place of employment or within 26 the scope of his employment related duties, or to allow 27 transportation for the petitioner, or a household member 28 of the petitioner's family, to receive necessary medical 29 care and if the professional evaluation indicates, 30 provide transportation for alcohol remedial or 31 rehabilitative activity, or for the petitioner to attend 32 classes, as a student, in an accredited educational 33 institution; if the petitioner is able to demonstrate 34 that no alternative means of transportation is reasonably HB0180 Engrossed -9- LRB9201921DHmb 1 available and the petitioner will not endanger the public 2 safety or welfare. In each case the Secretary may issue a 3 restricted driving permit for a period deemed 4 appropriate, except that all permits shall expire within 5 one year from the date of issuance. A restricted driving 6 permit issued under this Section shall be subject to 7 cancellation, revocation, and suspension by the Secretary 8 of State in like manner and for like cause as a driver's 9 license issued under this Code may be cancelled, revoked, 10 or suspended; except that a conviction upon one or more 11 offenses against laws or ordinances regulating the 12 movement of traffic shall be deemed sufficient cause for 13 the revocation, suspension, or cancellation of a 14 restricted driving permit. The Secretary of State may, as 15 a condition to the issuance of a restricted driving 16 permit, require the applicant to participate in a 17 designated driver remedial or rehabilitative program. The 18 Secretary of State is authorized to cancel a restricted 19 driving permit if the permit holder does not successfully 20 complete the program. 21 (c-5) The Secretary of State may, as a condition of the 22 reissuance of a driver's license or permit to an applicant 23 under the age of 18 years whose driver's license or permit 24 has been suspended pursuant to any of the provisions of this 25 Section, require the applicant to participate in a driver 26 remedial education course and be retested under Section 6-109 27 of this Code. 28 (d) This Section is subject to the provisions of the 29 Drivers License Compact. 30 (e) The Secretary of State shall not issue a restricted 31 driving permit to a person under the age of 16 years whose 32 driving privileges have been suspended or revoked under any 33 provisions of this Code. 34 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; HB0180 Engrossed -10- LRB9201921DHmb 1 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 2 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 3 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) 4 Sec. 11-907. Operation of vehicles and streetcars on 5 approach of authorized emergency vehicles. 6 (a) Upon the immediate approach of an authorized 7 emergency vehicle making use of audible and visual signals 8 meeting the requirements of this Code or a police vehicle 9 properly and lawfully making use of an audible or visual 10 signal, 11 (1) the driver of every other vehicle shall yield 12 the right-of-way and shall immediately drive to a 13 position parallel to, and as close as possible to, the 14 right-hand edge or curb of the highway clear of any 15 intersection and shall, if necessary to permit the safe 16 passage of the emergency vehicle, stop and remain in such 17 position until the authorized emergency vehicle has 18 passed, unless otherwise directed by a police officer and 19 (2) the operator of every streetcar shall 20 immediately stop such car clear of any intersection and 21 keep it in such position until the authorized emergency 22 vehicle has passed, unless otherwise directed by a police 23 officer. 24 (b) This Section shall not operate to relieve the driver 25 of an authorized emergency vehicle from the duty to drive 26 with due regard for the safety of all persons using the 27 highway. 28 (c) Upon approaching a stationary authorized emergency 29 vehicle, when the authorized emergency vehicle is giving a 30 signal by displaying alternately flashing red, red and white, 31 blue, or red and blue lights or amber or yellow warning 32 lights, a person who drives an approaching vehicle shall: 33 (1) proceeding with due caution, yield the HB0180 Engrossed -11- LRB9201921DHmb 1 right-of-way by making a lane change into a lane not 2 adjacent to that of the authorized emergency vehicle, if 3 possible with due regard to safety and traffic 4 conditions, if on a highway having at least 4 lanes with 5 not less than 2 lanes proceeding in the same direction as 6 the approaching vehicle; or 7 (2) proceeding with due caution, reduce the speed 8 of the vehicle, maintaining a safe speed for road 9 conditions, if changing lanes would be impossible or 10 unsafe. 11 As used in this subsection (c), "authorized emergency 12 vehicle" includes any vehicle authorized by law to be 13 equipped with oscillating, rotating, or flashing lights under 14 Section 12-215 of this Code, while the owner or operator of 15 the vehicle is engaged in his or her official duties. 16 (d) A person who violates subsection (c) of this Section 17 commits a business offense punishable by a fine of not more 18 than $10,000. It is a factor in aggravation if the person 19 committed the offense while in violation of Section 11-501 of 20 this Code. 21 (e) If a violation of subsection (c) of this Section 22 results in damage to the property of another person, in 23 addition to any other penalty imposed, the person's driving 24 privileges shall be suspended for a fixed period of not less 25 than 90 days and not more than one year. 26 (f) If a violation of subsection (c) of this Section 27 results in injury to another person, in addition to any other 28 penalty imposed, the person's driving privileges shall be 29 suspended for a fixed period of not less than 180 days and 30 not more than 2 years. 31 (g) If a violation of subsection (c) of this Section 32 results in the death of another person, in addition to any 33 other penalty imposed, the person's driving privileges shall 34 be suspended for 2 years. HB0180 Engrossed -12- LRB9201921DHmb 1 (h) The Secretary of State shall, upon receiving a 2 record of a judgment entered against a person under 3 subsection (c) of this Section: 4 (1) suspend the person's driving privileges for the 5 mandatory period; or 6 (2) extend the period of an existing suspension by 7 the appropriate mandatory period. 8 (Source: P.A. 83-781.) 9 Section 10. The Unified Code of Corrections is amended 10 by changing Section 5-5-3 as follows: 11 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 12 Sec. 5-5-3. Disposition. 13 (a) Every person convicted of an offense shall be 14 sentenced as provided in this Section. 15 (b) The following options shall be appropriate 16 dispositions, alone or in combination, for all felonies and 17 misdemeanors other than those identified in subsection (c) of 18 this Section: 19 (1) A period of probation. 20 (2) A term of periodic imprisonment. 21 (3) A term of conditional discharge. 22 (4) A term of imprisonment. 23 (5) An order directing the offender to clean up and 24 repair the damage, if the offender was convicted under 25 paragraph (h) of Section 21-1 of the Criminal Code of 26 1961. 27 (6) A fine. 28 (7) An order directing the offender to make 29 restitution to the victim under Section 5-5-6 of this 30 Code. 31 (8) A sentence of participation in a county impact 32 incarceration program under Section 5-8-1.2 of this Code. HB0180 Engrossed -13- LRB9201921DHmb 1 Whenever an individual is sentenced for an offense based 2 upon an arrest for a violation of Section 11-501 of the 3 Illinois Vehicle Code, or a similar provision of a local 4 ordinance, and the professional evaluation recommends 5 remedial or rehabilitative treatment or education, neither 6 the treatment nor the education shall be the sole disposition 7 and either or both may be imposed only in conjunction with 8 another disposition. The court shall monitor compliance with 9 any remedial education or treatment recommendations contained 10 in the professional evaluation. Programs conducting alcohol 11 or other drug evaluation or remedial education must be 12 licensed by the Department of Human Services. However, if 13 the individual is not a resident of Illinois, the court may 14 accept an alcohol or other drug evaluation or remedial 15 education program in the state of such individual's 16 residence. Programs providing treatment must be licensed 17 under existing applicable alcoholism and drug treatment 18 licensure standards. 19 In addition to any other fine or penalty required by law, 20 any individual convicted of a violation of Section 11-501 of 21 the Illinois Vehicle Code or a similar provision of local 22 ordinance, whose operation of a motor vehicle while in 23 violation of Section 11-501 or such ordinance proximately 24 caused an incident resulting in an appropriate emergency 25 response, shall be required to make restitution to a public 26 agency for the costs of that emergency response. Such 27 restitution shall not exceed $500 per public agency for each 28 such emergency response. For the purpose of this paragraph, 29 emergency response shall mean any incident requiring a 30 response by: a police officer as defined under Section 1-162 31 of the Illinois Vehicle Code; a fireman carried on the rolls 32 of a regularly constituted fire department; and an ambulance 33 as defined under Section 4.05 of the Emergency Medical 34 Services (EMS) Systems Act. HB0180 Engrossed -14- LRB9201921DHmb 1 Neither a fine nor restitution shall be the sole 2 disposition for a felony and either or both may be imposed 3 only in conjunction with another disposition. 4 (c) (1) When a defendant is found guilty of first degree 5 murder the State may either seek a sentence of 6 imprisonment under Section 5-8-1 of this Code, or where 7 appropriate seek a sentence of death under Section 9-1 of 8 the Criminal Code of 1961. 9 (2) A period of probation, a term of periodic 10 imprisonment or conditional discharge shall not be 11 imposed for the following offenses. The court shall 12 sentence the offender to not less than the minimum term 13 of imprisonment set forth in this Code for the following 14 offenses, and may order a fine or restitution or both in 15 conjunction with such term of imprisonment: 16 (A) First degree murder where the death 17 penalty is not imposed. 18 (B) Attempted first degree murder. 19 (C) A Class X felony. 20 (D) A violation of Section 401.1 or 407 of the 21 Illinois Controlled Substances Act, or a violation 22 of subdivision (c)(2) of Section 401 of that Act 23 which relates to more than 5 grams of a substance 24 containing cocaine or an analog thereof. 25 (E) A violation of Section 5.1 or 9 of the 26 Cannabis Control Act. 27 (F) A Class 2 or greater felony if the 28 offender had been convicted of a Class 2 or greater 29 felony within 10 years of the date on which the 30 offender committed the offense for which he or she 31 is being sentenced, except as otherwise provided in 32 Section 40-10 of the Alcoholism and Other Drug Abuse 33 and Dependency Act. 34 (G) Residential burglary, except as otherwise HB0180 Engrossed -15- LRB9201921DHmb 1 provided in Section 40-10 of the Alcoholism and 2 Other Drug Abuse and Dependency Act. 3 (H) Criminal sexual assault, except as 4 otherwise provided in subsection (e) of this 5 Section. 6 (I) Aggravated battery of a senior citizen. 7 (J) A forcible felony if the offense was 8 related to the activities of an organized gang. 9 Before July 1, 1994, for the purposes of this 10 paragraph, "organized gang" means an association of 11 5 or more persons, with an established hierarchy, 12 that encourages members of the association to 13 perpetrate crimes or provides support to the members 14 of the association who do commit crimes. 15 Beginning July 1, 1994, for the purposes of 16 this paragraph, "organized gang" has the meaning 17 ascribed to it in Section 10 of the Illinois 18 Streetgang Terrorism Omnibus Prevention Act. 19 (K) Vehicular hijacking. 20 (L) A second or subsequent conviction for the 21 offense of hate crime when the underlying offense 22 upon which the hate crime is based is felony 23 aggravated assault or felony mob action. 24 (M) A second or subsequent conviction for the 25 offense of institutional vandalism if the damage to 26 the property exceeds $300. 27 (N) A Class 3 felony violation of paragraph 28 (1) of subsection (a) of Section 2 of the Firearm 29 Owners Identification Card Act. 30 (O) A violation of Section 12-6.1 of the 31 Criminal Code of 1961. 32 (P) A violation of paragraph (1), (2), (3), 33 (4), (5), or (7) of subsection (a) of Section 34 11-20.1 of the Criminal Code of 1961. HB0180 Engrossed -16- LRB9201921DHmb 1 (Q) A violation of Section 20-1.2 of the 2 Criminal Code of 1961. 3 (R) A violation of Section 24-3A of the 4 Criminal Code of 1961. 5 (3) A minimum term of imprisonment of not less than 6 48 consecutive hours or 100 hours of community service as 7 may be determined by the court shall be imposed for a 8 second or subsequent violation committed within 5 years 9 of a previous violation of Section 11-501 of the Illinois 10 Vehicle Code or a similar provision of a local ordinance. 11 (4) A minimum term of imprisonment of not less than 12 7 consecutive days or 30 days of community service shall 13 be imposed for a violation of paragraph (c) of Section 14 6-303 of the Illinois Vehicle Code. 15 (4.1) A minimum term of 30 consecutive days of 16 imprisonment, 40 days of 24 hour periodic imprisonment or 17 720 hours of community service, as may be determined by 18 the court, shall be imposed for a violation of Section 19 11-501 of the Illinois Vehicle Code during a period in 20 which the defendant's driving privileges are revoked or 21 suspended, where the revocation or suspension was for a 22 violation of Section 11-501 or Section 11-501.1 of that 23 Code. 24 (5) The court may sentence an offender convicted of 25 a business offense or a petty offense or a corporation or 26 unincorporated association convicted of any offense to: 27 (A) a period of conditional discharge; 28 (B) a fine; 29 (C) make restitution to the victim under 30 Section 5-5-6 of this Code. 31 (5.1) In addition to any penalties imposed under 32 paragraph (5) of this subsection (c), and except as 33 provided in paragraph (5.2) or (5.3), a person convicted 34 of violating subsection (c) of Section 11-907 of the HB0180 Engrossed -17- LRB9201921DHmb 1 Illinois Vehicle Code shall have his or her driver's 2 license, permit, or privileges suspended for at least 90 3 days but not more than one year, if the violation 4 resulted in damage to the property of another person. 5 (5.2) In addition to any penalties imposed under 6 paragraph (5) of this subsection (c), and except as 7 provided in paragraph (5.3), a person convicted of 8 violating subsection (c) of Section 11-907 of the 9 Illinois Vehicle Code shall have his or her driver's 10 license, permit, or privileges suspended for at least 180 11 days but not more than 2 years, if the violation resulted 12 in injury to another person. 13 (5.3) In addition to any penalties imposed under 14 paragraph (5) of this subsection (c), a person convicted 15 of violating subsection (c) of Section 11-907 of the 16 Illinois Vehicle Code shall have his or her driver's 17 license, permit, or privileges suspended for 2 years, if 18 the violation resulted in the death of another person. 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 HB0180 Engrossed -18- LRB9201921DHmb 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; HB0180 Engrossed -19- LRB9201921DHmb 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 HB0180 Engrossed -20- LRB9201921DHmb 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 HB0180 Engrossed -21- LRB9201921DHmb 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 HB0180 Engrossed -22- LRB9201921DHmb 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 HB0180 Engrossed -23- LRB9201921DHmb 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. HB0180 Engrossed -24- LRB9201921DHmb 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 HB0180 Engrossed -25- LRB9201921DHmb 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.)