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92_HB4245enr HB4245 Enrolled LRB9213693RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Section 401 as follows: 6 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 7 Sec. 401. Except as authorized by this Act, it is 8 unlawful for any person knowingly to: (i) manufacture or 9 deliver, or possess with intent to manufacture or deliver, a 10 controlled or counterfeit substance or controlled substance 11 analog or (ii) possess any methamphetamine manufacturing 12 chemical listed in paragraph (z-1) of Section 102 with the 13 intent to manufacture methamphetamine or the salt of an 14 optical isomer of methamphetamine or an analog thereof. A 15 violation of this Act with respect to each of the controlled 16 substances listed herein constitutes a single and separate 17 violation of this Act. For purposes of this Section, 18 "controlled substance analog" or "analog" means a substance 19 which is intended for human consumption, other than a 20 controlled substance, that has a chemical structure 21 substantially similar to that of a controlled substance in 22 Schedule I or II, or that was specifically designed to 23 produce an effect substantially similar to that of a 24 controlled substance in Schedule I or II. Examples of 25 chemical classes in which controlled substance analogs are 26 found include, but are not limited to, the following: 27 phenethylamines, N-substituted piperidines, morphinans, 28 ecgonines, quinazolinones, substituted indoles, and 29 arylcycloalkylamines. For purposes of this Act, a controlled 30 substance analog shall be treated in the same manner as the 31 controlled substance to which it is substantially similar. HB4245 Enrolled -2- LRB9213693RCcdA 1 (a) Any person who violates this Section with respect to 2 the following amounts of controlled or counterfeit substances 3 or controlled substance analogs, notwithstanding any of the 4 provisions of subsections (c), (c-5), (d), (d-5), (e), (f), 5 (g) or (h) to the contrary, is guilty of a Class X felony and 6 shall be sentenced to a term of imprisonment as provided in 7 this subsection (a) and fined as provided in subsection (b): 8 (1) (A) not less than 6 years and not more than 30 9 years with respect to 15 grams or more but less than 10 100 grams of a substance containing heroin, or an 11 analog thereof; 12 (B) not less than 9 years and not more than 40 13 years with respect to 100 grams or more but less 14 than 400 grams of a substance containing heroin, or 15 an analog thereof; 16 (C) not less than 12 years and not more than 17 50 years with respect to 400 grams or more but less 18 than 900 grams of a substance containing heroin, or 19 an analog thereof; 20 (D) not less than 15 years and not more than 21 60 years with respect to 900 grams or more of any 22 substance containing heroin, or an analog thereof; 23 (2) (A) not less than 6 years and not more than 30 24 years with respect to 15 grams or more but less than 25 100 grams of a substance containing cocaine, or an 26 analog thereof; 27 (B) not less than 9 years and not more than 40 28 years with respect to 100 grams or more but less 29 than 400 grams of a substance containing cocaine, or 30 an analog thereof; 31 (C) not less than 12 years and not more than 32 50 years with respect to 400 grams or more but less 33 than 900 grams of a substance containing cocaine, or 34 an analog thereof; HB4245 Enrolled -3- LRB9213693RCcdA 1 (D) not less than 15 years and not more than 2 60 years with respect to 900 grams or more of any 3 substance containing cocaine, or an analog thereof; 4 (3) (A) not less than 6 years and not more than 30 5 years with respect to 15 grams or more but less than 6 100 grams of a substance containing morphine, or an 7 analog thereof; 8 (B) not less than 9 years and not more than 40 9 years with respect to 100 grams or more but less 10 than 400 grams of a substance containing morphine, 11 or an analog thereof; 12 (C) not less than 12 years and not more than 13 50 years with respect to 400 grams or more but less 14 than 900 grams of a substance containing morphine, 15 or an analog thereof; 16 (D) not less than 15 years and not more than 17 60 years with respect to 900 grams or more of a 18 substance containing morphine, or an analog thereof; 19 (4) 200 grams or more of any substance containing 20 peyote, or an analog thereof; 21 (5) 200 grams or more of any substance containing a 22 derivative of barbituric acid or any of the salts of a 23 derivative of barbituric acid, or an analog thereof; 24 (6) 200 grams or more of any substance containing 25 amphetamine or any salt of an optical isomer of 26 amphetamine, or an analog thereof; 27 (6.5) (A) not less than 6 years and not more than 28 30 years with respect to 15 grams or more but less 29 than 100 grams of a substance containing 30 methamphetamine or any salt of an optical isomer of 31 methamphetamine, or an analog thereof; 32 (B) not less than 9 years and not more than 40 33 years with respect to 100 grams or more but less 34 than 400 grams of a substance containing HB4245 Enrolled -4- LRB9213693RCcdA 1 methamphetamine or any salt of an optical isomer of 2 methamphetamine, or an analog thereof; 3 (C) not less than 12 years and not more than 4 50 years with respect to 400 grams or more but less 5 than 900 grams of a substance containing 6 methamphetamine or any salt of an optical isomer of 7 methamphetamine, or an analog thereof; 8 (D) not less than 15 years and not more than 9 60 years with respect to 900 grams or more of any 10 substance containing methamphetamine or any salt of 11 an optical isomer of methamphetamine, or an analog 12 thereof. 13 (6.6) (A) not less than 6 years and not more than 14 30 years for the possession of any methamphetamine 15 manufacturing chemical set forth in paragraph (z-1) 16 of Section 102 with intent to manufacture 30 grams 17 or more but less than 150 grams of any substance 18 containing methamphetamine, or salt of any optical 19 isomer of methamphetamine, or an analog thereof; 20 (B) not less than 6 years and not more than 40 21 years for the possession of any methamphetamine 22 manufacturing chemical set forth in paragraph (z-1) 23 of Section 102 with intent to manufacture 150 grams 24 or more but less than 500 grams of any substance 25 containing methamphetamine, or salt of an optical 26 isomer of methamphetamine, or an analog thereof; 27 (C) not less than 6 years and not more than 50 28 years for the possession of any methamphetamine 29 manufacturing chemical set forth in paragraph (z-1) 30 of Section 102 with intent to manufacture 500 grams 31 or more but less than 1200 grams of any substance 32 containing methamphetamine, or salt of an optical 33 isomer of methamphetamine, or an analog thereof; 34 (D) not less than 6 years and not more than 60 HB4245 Enrolled -5- LRB9213693RCcdA 1 years for the possession of any methamphetamine 2 manufacturing chemical set forth in paragraph (z-1) 3 of Section 102 with intent to manufacture 1200 grams 4 or more of any substance containing methamphetamine, 5 or salt of an optical isomer of methamphetamine, or 6 an analog thereof; 7 (7) (A) not less than 6 years and not more than 30 8 years with respect to: (i) 15 grams or more but less 9 than 100 grams of a substance containing lysergic 10 acid diethylamide (LSD), or an analog thereof, or 11 (ii) 15 or more objects or 15 or more segregated 12 parts of an object or objects but less than 200 13 objects or 200 segregated parts of an object or 14 objects containing in them or having upon them any 15 amounts of any substance containing lysergic acid 16 diethylamide (LSD), or an analog thereof; 17 (B) not less than 9 years and not more than 40 18 years with respect to: (i) 100 grams or more but 19 less than 400 grams of a substance containing 20 lysergic acid diethylamide (LSD), or an analog 21 thereof, or (ii) 200 or more objects or 200 or more 22 segregated parts of an object or objects but less 23 than 600 objects or less than 600 segregated parts 24 of an object or objects containing in them or having 25 upon them any amount of any substance containing 26 lysergic acid diethylamide (LSD), or an analog 27 thereof; 28 (C) not less than 12 years and not more than 29 50 years with respect to: (i) 400 grams or more but 30 less than 900 grams of a substance containing 31 lysergic acid diethylamide (LSD), or an analog 32 thereof, or (ii) 600 or more objects or 600 or more 33 segregated parts of an object or objects but less 34 than 1500 objects or 1500 segregated parts of an HB4245 Enrolled -6- LRB9213693RCcdA 1 object or objects containing in them or having upon 2 them any amount of any substance containing lysergic 3 acid diethylamide (LSD), or an analog thereof; 4 (D) not less than 15 years and not more than 5 60 years with respect to: (i) 900 grams or more of 6 any substance containing lysergic acid diethylamide 7 (LSD), or an analog thereof, or (ii) 1500 or more 8 objects or 1500 or more segregated parts of an 9 object or objects containing in them or having upon 10 them any amount of a substance containing lysergic 11 acid diethylamide (LSD), or an analog thereof; 12 (7.5) (A) not less than 6 years and not more than 30 13 years with respect to: (i) 15 grams or more but less 14 than 100 grams of a substance listed in paragraph 15 (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), 16 (21), (25), or (26) of subsection (d) of Section 17 204, or an analog or derivative thereof, or (ii) 15 18 or more pills, tablets, caplets, capsules, or 19 objects but less than 200 pills, tablets, caplets, 20 capsules, or objects containing in them or having 21 upon them any amounts of any substance listed in 22 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 23 (20.1), (21), (25), or (26) of subsection (d) of 24 Section 204, or an analog or derivative thereof; 25 (B) not less than 9 years and not more than 40 26 years with respect to: (i) 100 grams or more but 27 less than 400 grams of a substance listed in 28 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 29 (20.1), (21), (25), or (26) of subsection (d) of 30 Section 204, or an analog or derivative thereof, or 31 (ii) 200 or more pills, tablets, caplets, capsules, 32 or objects but less than 600 pills, tablets, 33 caplets, capsules, or objects containing in them or 34 having upon them any amount of any substance listed HB4245 Enrolled -7- LRB9213693RCcdA 1 in paragraph (1), (2), (2.1), (3), (14.1), (19), 2 (20), (20.1), (21), (25), or (26) of subsection (d) 3 of Section 204, or an analog or derivative thereof; 4 (C) not less than 12 years and not more than 50 5 years with respect to: (i) 400 grams or more but 6 less than 900 grams of a substance listed in 7 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 8 (20.1), (21), (25), or (26) of subsection (d) of 9 Section 204, or an analog or derivative thereof, or 10 (ii) 600 or more pills, tablets, caplets, capsules, 11 or objects but less than 1,500 pills, tablets, 12 caplets, capsules, or objects containing in them or 13 having upon them any amount of any substance listed 14 in paragraph (1), (2), (2.1), (3), (14.1), (19), 15 (20), (20.1), (21), (25), or (26) of subsection (d) 16 of Section 204, or an analog or derivative thereof; 17 (D) not less than 15 years and not more than 60 18 years with respect to: (i) 900 grams or more of any 19 substance listed in paragraph (1), (2), (2.1), (3), 20 (14.1), (19), (20), (20.1), (21), (25), or (26) of 21 subsection (d) of Section 204, or an analog or 22 derivative thereof, or (ii) 1,500 or more pills, 23 tablets, caplets, capsules, or objects containing in 24 them or having upon them any amount of a substance 25 listed in paragraph (1), (2), (2.1), (3), (14.1), 26 (19), (20), (20.1), (21), (25), or (26) of 27 subsection (d) of Section 204, or an analog or 28 derivative thereof; 29 (8) 30 grams or more of any substance containing 30 pentazocine or any of the salts, isomers and salts of 31 isomers of pentazocine, or an analog thereof; 32 (9) 30 grams or more of any substance containing 33 methaqualone or any of the salts, isomers and salts of 34 isomers of methaqualone, or an analog thereof; HB4245 Enrolled -8- LRB9213693RCcdA 1 (10) 30 grams or more of any substance 2 containing phencyclidine or any of the salts, isomers 3 and salts of isomers of phencyclidine (PCP), or an 4 analog thereof; 5 (10.5) 30 grams or more of any substance containing 6 ketamine or any of the salts, isomers and salts of 7 isomers of ketamine, or an analog thereof; 8 (11) 200 grams or more of any substance containing 9 any other controlled substance classified in Schedules I 10 or II, or an analog thereof, which is not otherwise 11 included in this subsection. 12 (b) Any person sentenced with respect to violations of 13 paragraph (1), (2), (3), (6.5), (6.6), (7), or (7.5) of 14 subsection (a) involving 100 grams or more of the controlled 15 substance named therein, may in addition to the penalties 16 provided therein, be fined an amount not more than $500,000 17 or the full street value of the controlled or counterfeit 18 substance or controlled substance analog, whichever is 19 greater. The term "street value" shall have the meaning 20 ascribed in Section 110-5 of the Code of Criminal Procedure 21 of 1963. Any person sentenced with respect to any other 22 provision of subsection (a), may in addition to the penalties 23 provided therein, be fined an amount not to exceed $500,000. 24 (c) Any person who violates this Section with regard to 25 the following amounts of controlled or counterfeit substances 26 or controlled substance analogs, notwithstanding any of the 27 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 28 to the contrary, is guilty of a Class 1 felony. The fine for 29 violation of this subsection (c) shall not be more than 30 $250,000: 31 (1) 1 gram10or moregramsbut less than 15 grams 32 of any substance containing heroin, or an analog thereof; 33 (2) 1 gram or more but less than 15 grams of any 34 substance containing cocaine, or an analog thereof; HB4245 Enrolled -9- LRB9213693RCcdA 1 (3) 10 grams or more but less than 15 grams of any 2 substance containing morphine, or an analog thereof; 3 (4) 50 grams or more but less than 200 grams of any 4 substance containing peyote, or an analog thereof; 5 (5) 50 grams or more but less than 200 grams of any 6 substance containing a derivative of barbituric acid or 7 any of the salts of a derivative of barbituric acid, or 8 an analog thereof; 9 (6) 50 grams or more but less than 200 grams of any 10 substance containing amphetamine or any salt of an 11 optical isomer of amphetamine, or an analog thereof; 12 (6.5) 5 grams or more but less than 15 grams of any 13 substance containing methamphetamine or any salt or 14 optical isomer of methamphetamine, or an analog thereof; 15 (7) (i) 5 grams or more but less than 15 grams of 16 any substance containing lysergic acid diethylamide 17 (LSD), or an analog thereof, or (ii) more than 10 objects 18 or more than 10 segregated parts of an object or objects 19 but less than 15 objects or less than 15 segregated parts 20 of an object containing in them or having upon them any 21 amount of any substance containing lysergic acid 22 diethylamide (LSD), or an analog thereof; 23 (7.5) (i) 5 grams or more but less than 15 grams of 24 any substance listed in paragraph (1), (2), (2.1), (3), 25 (14.1), (19), (20), (20.1), (21), (25), or (26) of 26 subsection (d) of Section 204, or an analog or derivative 27 thereof, or (ii) more than 10 pills, tablets, caplets, 28 capsules, or objects but less than 15 pills, tablets, 29 caplets, capsules, or objects containing in them or 30 having upon them any amount of any substance listed in 31 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 32 (20.1), (21), (25), or (26) of subsection (d) of Section 33 204, or an analog or derivative thereof; 34 (8) 10 grams or more but less than 30 grams of any HB4245 Enrolled -10- LRB9213693RCcdA 1 substance containing pentazocine or any of the salts, 2 isomers and salts of isomers of pentazocine, or an analog 3 thereof; 4 (9) 10 grams or more but less than 30 grams of any 5 substance containing methaqualone or any of the salts, 6 isomers and salts of isomers of methaqualone, or an 7 analog thereof; 8 (10) 10 grams or more but less than 30 grams of any 9 substance containing phencyclidine or any of the salts, 10 isomers and salts of isomers of phencyclidine (PCP), or 11 an analog thereof; 12 (10.5) 10 grams or more but less than 30 grams of 13 any substance containing ketamine or any of the salts, 14 isomers and salts of isomers of ketamine, or an analog 15 thereof; 16 (11) 50 grams or more but less than 200 grams of 17 any substance containing a substance classified in 18 Schedules I or II, or an analog thereof, which is not 19 otherwise included in this subsection. 20 (c-5) Any person who violates this Section with regard 21 to possession of any methamphetamine manufacturing chemical 22 set forth in paragraph (z-1) of Section 102 with intent to 23 manufacture 15 grams or more but less than 30 grams of 24 methamphetamine, or salt of an optical isomer of 25 methamphetamine or any analog thereof, is guilty of a Class 1 26 felony. The fine for violation of this subsection (c-5) 27 shall not be more than $250,000. 28 (d) Any person who violates this Section with regard to 29 any other amount of a controlled or counterfeit substance 30 classified in Schedules I or II, or an analog thereof, which 31 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) 32 or an analog thereof, or (iii) any substance containing 33 amphetamine or methamphetamine or any salt or optical isomer 34 of amphetamine or methamphetamine, or an analog thereof, is HB4245 Enrolled -11- LRB9213693RCcdA 1 guilty of a Class 2 felony. The fine for violation of this 2 subsection (d) shall not be more than $200,000. 3 (d-5) Any person who violates this Section with regard 4 to possession of any methamphetamine manufacturing chemical 5 set forth in paragraph (z-1) of Section 102 with intent to 6 manufacture less than 15 grams of methamphetamine, or salt of 7 an optical isomer of methamphetamine or any analog thereof, 8 is guilty of a Class 2 felony. The fine for violation of 9 this subsection (d-5) shall not be more than $200,000. 10 (e) Any person who violates this Section with regard to 11 any other amount of a controlled or counterfeit substance 12 classified in Schedule I or II, or an analog thereof, which 13 substance is not included under subsection (d) of this 14 Section, is guilty of a Class 3 felony. The fine for 15 violation of this subsection (e) shall not be more than 16 $150,000. 17 (f) Any person who violates this Section with regard to 18 any other amount of a controlled or counterfeit substance 19 classified in Schedule III is guilty of a Class 3 felony. The 20 fine for violation of this subsection (f) shall not be more 21 than $125,000. 22 (g) Any person who violates this Section with regard to 23 any other amount of a controlled or counterfeit substance 24 classified in Schedule IV is guilty of a Class 3 felony. The 25 fine for violation of this subsection (g) shall not be more 26 than $100,000. 27 (h) Any person who violates this Section with regard to 28 any other amount of a controlled or counterfeit substance 29 classified in Schedule V is guilty of a Class 3 felony. The 30 fine for violation of this subsection (h) shall not be more 31 than $75,000. 32 (i) This Section does not apply to the manufacture, 33 possession or distribution of a substance in conformance with 34 the provisions of an approved new drug application or an HB4245 Enrolled -12- LRB9213693RCcdA 1 exemption for investigational use within the meaning of 2 Section 505 of the Federal Food, Drug and Cosmetic Act. 3 (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; 4 91-403, eff. 1-1-00; 92-16, eff. 6-28-01; 92-256, eff. 5 1-1-02.) 6 Section 10. The Unified Code of Corrections is amended 7 by changing Section 5-5-3 as follows: 8 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 9 Sec. 5-5-3. Disposition. 10 (a) Every person convicted of an offense shall be 11 sentenced as provided in this Section. 12 (b) The following options shall be appropriate 13 dispositions, alone or in combination, for all felonies and 14 misdemeanors other than those identified in subsection (c) of 15 this Section: 16 (1) A period of probation. 17 (2) A term of periodic imprisonment. 18 (3) A term of conditional discharge. 19 (4) A term of imprisonment. 20 (5) An order directing the offender to clean up and 21 repair the damage, if the offender was convicted under 22 paragraph (h) of Section 21-1 of the Criminal Code of 23 1961. 24 (6) A fine. 25 (7) An order directing the offender to make 26 restitution to the victim under Section 5-5-6 of this 27 Code. 28 (8) A sentence of participation in a county impact 29 incarceration program under Section 5-8-1.2 of this Code. 30 Whenever an individual is sentenced for an offense based 31 upon an arrest for a violation of Section 11-501 of the 32 Illinois Vehicle Code, or a similar provision of a local HB4245 Enrolled -13- LRB9213693RCcdA 1 ordinance, and the professional evaluation recommends 2 remedial or rehabilitative treatment or education, neither 3 the treatment nor the education shall be the sole disposition 4 and either or both may be imposed only in conjunction with 5 another disposition. The court shall monitor compliance with 6 any remedial education or treatment recommendations contained 7 in the professional evaluation. Programs conducting alcohol 8 or other drug evaluation or remedial education must be 9 licensed by the Department of Human Services. However, if 10 the individual is not a resident of Illinois, the court may 11 accept an alcohol or other drug evaluation or remedial 12 education program in the state of such individual's 13 residence. Programs providing treatment must be licensed 14 under existing applicable alcoholism and drug treatment 15 licensure standards. 16 In addition to any other fine or penalty required by law, 17 any individual convicted of a violation of Section 11-501 of 18 the Illinois Vehicle Code or a similar provision of local 19 ordinance, whose operation of a motor vehicle while in 20 violation of Section 11-501 or such ordinance proximately 21 caused an incident resulting in an appropriate emergency 22 response, shall be required to make restitution to a public 23 agency for the costs of that emergency response. Such 24 restitution shall not exceed $500 per public agency for each 25 such emergency response. For the purpose of this paragraph, 26 emergency response shall mean any incident requiring a 27 response by: a police officer as defined under Section 1-162 28 of the Illinois Vehicle Code; a fireman carried on the rolls 29 of a regularly constituted fire department; and an ambulance 30 as defined under Section 4.05 of the Emergency Medical 31 Services (EMS) Systems Act. 32 Neither a fine nor restitution shall be the sole 33 disposition for a felony and either or both may be imposed 34 only in conjunction with another disposition. HB4245 Enrolled -14- LRB9213693RCcdA 1 (c) (1) When a defendant is found guilty of first degree 2 murder the State may either seek a sentence of 3 imprisonment under Section 5-8-1 of this Code, or where 4 appropriate seek a sentence of death under Section 9-1 of 5 the Criminal Code of 1961. 6 (2) A period of probation, a term of periodic 7 imprisonment or conditional discharge shall not be 8 imposed for the following offenses. The court shall 9 sentence the offender to not less than the minimum term 10 of imprisonment set forth in this Code for the following 11 offenses, and may order a fine or restitution or both in 12 conjunction with such term of imprisonment: 13 (A) First degree murder where the death 14 penalty is not imposed. 15 (B) Attempted first degree murder. 16 (C) A Class X felony. 17 (D) A violation of Section 401.1 or 407 of the 18 Illinois Controlled Substances Act, or a violation 19 of subdivision (c)(1) or (c)(2) of Section 401 of 20 that Act which relates to more than 5 grams of a 21 substance containing heroin or cocaine or an analog 22 thereof. 23 (E) A violation of Section 5.1 or 9 of the 24 Cannabis Control Act. 25 (F) A Class 2 or greater felony if the 26 offender had been convicted of a Class 2 or greater 27 felony within 10 years of the date on which the 28 offender committed the offense for which he or she 29 is being sentenced, except as otherwise provided in 30 Section 40-10 of the Alcoholism and Other Drug Abuse 31 and Dependency Act. 32 (G) Residential burglary, except as otherwise 33 provided in Section 40-10 of the Alcoholism and 34 Other Drug Abuse and Dependency Act. HB4245 Enrolled -15- LRB9213693RCcdA 1 (H) Criminal sexual assault, except as 2 otherwise provided in subsection (e) of this 3 Section. 4 (I) Aggravated battery of a senior citizen. 5 (J) A forcible felony if the offense was 6 related to the activities of an organized gang. 7 Before July 1, 1994, for the purposes of this 8 paragraph, "organized gang" means an association of 9 5 or more persons, with an established hierarchy, 10 that encourages members of the association to 11 perpetrate crimes or provides support to the members 12 of the association who do commit crimes. 13 Beginning July 1, 1994, for the purposes of 14 this paragraph, "organized gang" has the meaning 15 ascribed to it in Section 10 of the Illinois 16 Streetgang Terrorism Omnibus Prevention Act. 17 (K) Vehicular hijacking. 18 (L) A second or subsequent conviction for the 19 offense of hate crime when the underlying offense 20 upon which the hate crime is based is felony 21 aggravated assault or felony mob action. 22 (M) A second or subsequent conviction for the 23 offense of institutional vandalism if the damage to 24 the property exceeds $300. 25 (N) A Class 3 felony violation of paragraph 26 (1) of subsection (a) of Section 2 of the Firearm 27 Owners Identification Card Act. 28 (O) A violation of Section 12-6.1 of the 29 Criminal Code of 1961. 30 (P) A violation of paragraph (1), (2), (3), 31 (4), (5), or (7) of subsection (a) of Section 32 11-20.1 of the Criminal Code of 1961. 33 (Q) A violation of Section 20-1.2 of the 34 Criminal Code of 1961. HB4245 Enrolled -16- LRB9213693RCcdA 1 (R) A violation of Section 24-3A of the 2 Criminal Code of 1961. 3 (S) A violation of Section 11-501(c-1)(3) of 4 the Illinois Vehicle Code. 5 (3) A minimum term of imprisonment of not less than 6 5 days or 30 days of community service as may be 7 determined by the court shall be imposed for a second 8 violation committed within 5 years of a previous 9 violation of Section 11-501 of the Illinois Vehicle Code 10 or a similar provision of a local ordinance. In the case 11 of a third or subsequent violation committed within 5 12 years of a previous violation of Section 11-501 of the 13 Illinois Vehicle Code or a similar provision of a local 14 ordinance, a minimum term of either 10 days of 15 imprisonment or 60 days of community service shall be 16 imposed. 17 (4) A minimum term of imprisonment of not less than 18 10 consecutive days or 30 days of community service shall 19 be imposed for a violation of paragraph (c) of Section 20 6-303 of the Illinois Vehicle Code. 21 (4.1) A minimum term of 30 consecutive days of 22 imprisonment, 40 days of 24 hour periodic imprisonment or 23 720 hours of community service, as may be determined by 24 the court, shall be imposed for a violation of Section 25 11-501 of the Illinois Vehicle Code during a period in 26 which the defendant's driving privileges are revoked or 27 suspended, where the revocation or suspension was for a 28 violation of Section 11-501 or Section 11-501.1 of that 29 Code. 30 (4.2) Except as provided in paragraph (4.3) of this 31 subsection (c), a minimum of 100 hours of community 32 service shall be imposed for a second violation of 33 Section 6-303 of the Illinois Vehicle Code. 34 (4.3) A minimum term of imprisonment of 30 days or HB4245 Enrolled -17- LRB9213693RCcdA 1 300 hours of community service, as determined by the 2 court, shall be imposed for a second violation of 3 subsection (c) of Section 6-303 of the Illinois Vehicle 4 Code. 5 (4.4) Except as provided in paragraph (4.5) and 6 paragraph (4.6) of this subsection (c), a minimum term of 7 imprisonment of 30 days or 300 hours of community 8 service, as determined by the court, shall be imposed for 9 a third or subsequent violation of Section 6-303 of the 10 Illinois Vehicle Code. 11 (4.5) A minimum term of imprisonment of 30 days 12 shall be imposed for a third violation of subsection (c) 13 of Section 6-303 of the Illinois Vehicle Code. 14 (4.6) A minimum term of imprisonment of 180 days 15 shall be imposed for a fourth or subsequent violation of 16 subsection (c) of Section 6-303 of the Illinois Vehicle 17 Code. 18 (5) The court may sentence an offender convicted of 19 a business offense or a petty offense or a corporation or 20 unincorporated association convicted of any offense to: 21 (A) a period of conditional discharge; 22 (B) a fine; 23 (C) make restitution to the victim under 24 Section 5-5-6 of this Code. 25 (5.1) In addition to any penalties imposed under 26 paragraph (5) of this subsection (c), and except as 27 provided in paragraph (5.2) or (5.3), a person convicted 28 of violating subsection (c) of Section 11-907 of the 29 Illinois Vehicle Code shall have his or her driver's 30 license, permit, or privileges suspended for at least 90 31 days but not more than one year, if the violation 32 resulted in damage to the property of another person. 33 (5.2) In addition to any penalties imposed under 34 paragraph (5) of this subsection (c), and except as HB4245 Enrolled -18- LRB9213693RCcdA 1 provided in paragraph (5.3), a person convicted of 2 violating subsection (c) of Section 11-907 of the 3 Illinois Vehicle Code shall have his or her driver's 4 license, permit, or privileges suspended for at least 180 5 days but not more than 2 years, if the violation resulted 6 in injury to another person. 7 (5.3) In addition to any penalties imposed under 8 paragraph (5) of this subsection (c), a person convicted 9 of violating subsection (c) of Section 11-907 of the 10 Illinois Vehicle Code shall have his or her driver's 11 license, permit, or privileges suspended for 2 years, if 12 the violation resulted in the death of another person. 13 (6) In no case shall an offender be eligible for a 14 disposition of probation or conditional discharge for a 15 Class 1 felony committed while he was serving a term of 16 probation or conditional discharge for a felony. 17 (7) When a defendant is adjudged a habitual 18 criminal under Article 33B of the Criminal Code of 1961, 19 the court shall sentence the defendant to a term of 20 natural life imprisonment. 21 (8) When a defendant, over the age of 21 years, is 22 convicted of a Class 1 or Class 2 felony, after having 23 twice been convicted in any state or federal court of an 24 offense that contains the same elements as an offense now 25 classified in Illinois as a Class 2 or greater Class 26 felony and such charges are separately brought and tried 27 and arise out of different series of acts, such defendant 28 shall be sentenced as a Class X offender. This paragraph 29 shall not apply unless (1) the first felony was committed 30 after the effective date of this amendatory Act of 1977; 31 and (2) the second felony was committed after conviction 32 on the first; and (3) the third felony was committed 33 after conviction on the second. A person sentenced as a 34 Class X offender under this paragraph is not eligible to HB4245 Enrolled -19- LRB9213693RCcdA 1 apply for treatment as a condition of probation as 2 provided by Section 40-10 of the Alcoholism and Other 3 Drug Abuse and Dependency Act. 4 (9) A defendant convicted of a second or subsequent 5 offense of ritualized abuse of a child may be sentenced 6 to a term of natural life imprisonment. 7 (10) When a person is convicted of violating 8 Section 11-501 of the Illinois Vehicle Code or a similar 9 provision of a local ordinance, the following penalties 10 apply when his or her blood, breath, or urine was .16 or 11 more based on the definition of blood, breath, or urine 12 units in Section 11-501.2 or that person is convicted of 13 violating Section 11-501 of the Illinois Vehicle Code 14 while transporting a child under the age of 16: 15 (A) For a first violation of subsection (a) of 16 Section 11-501, in addition to any other penalty 17 that may be imposed under subsection (c) of Section 18 11-501: a mandatory minimum of 100 hours of 19 community service and a minimum fine of $500. 20 (B) For a second violation of subsection (a) 21 of Section 11-501, in addition to any other penalty 22 that may be imposed under subsection (c) of Section 23 11-501 within 10 years: a mandatory minimum of 2 24 days of imprisonment and a minimum fine of $1,250. 25 (C) For a third violation of subsection (a) of 26 Section 11-501, in addition to any other penalty 27 that may be imposed under subsection (c) of Section 28 11-501 within 20 years: a mandatory minimum of 90 29 days of imprisonment and a minimum fine of $2,500. 30 (D) For a fourth or subsequent violation of 31 subsection (a) of Section 11-501: ineligibility for 32 a sentence of probation or conditional discharge and 33 a minimum fine of $2,500. 34 (d) In any case in which a sentence originally imposed HB4245 Enrolled -20- LRB9213693RCcdA 1 is vacated, the case shall be remanded to the trial court. 2 The trial court shall hold a hearing under Section 5-4-1 of 3 the Unified Code of Corrections which may include evidence of 4 the defendant's life, moral character and occupation during 5 the time since the original sentence was passed. The trial 6 court shall then impose sentence upon the defendant. The 7 trial court may impose any sentence which could have been 8 imposed at the original trial subject to Section 5-5-4 of the 9 Unified Code of Corrections. If a sentence is vacated on 10 appeal or on collateral attack due to the failure of the 11 trier of fact at trial to determine beyond a reasonable doubt 12 the existence of a fact (other than a prior conviction) 13 necessary to increase the punishment for the offense beyond 14 the statutory maximum otherwise applicable, either the 15 defendant may be re-sentenced to a term within the range 16 otherwise provided or, if the State files notice of its 17 intention to again seek the extended sentence, the defendant 18 shall be afforded a new trial. 19 (e) In cases where prosecution for criminal sexual 20 assault or aggravated criminal sexual abuse under Section 21 12-13 or 12-16 of the Criminal Code of 1961 results in 22 conviction of a defendant who was a family member of the 23 victim at the time of the commission of the offense, the 24 court shall consider the safety and welfare of the victim and 25 may impose a sentence of probation only where: 26 (1) the court finds (A) or (B) or both are 27 appropriate: 28 (A) the defendant is willing to undergo a 29 court approved counseling program for a minimum 30 duration of 2 years; or 31 (B) the defendant is willing to participate in 32 a court approved plan including but not limited to 33 the defendant's: 34 (i) removal from the household; HB4245 Enrolled -21- LRB9213693RCcdA 1 (ii) restricted contact with the victim; 2 (iii) continued financial support of the 3 family; 4 (iv) restitution for harm done to the 5 victim; and 6 (v) compliance with any other measures 7 that the court may deem appropriate; and 8 (2) the court orders the defendant to pay for the 9 victim's counseling services, to the extent that the 10 court finds, after considering the defendant's income and 11 assets, that the defendant is financially capable of 12 paying for such services, if the victim was under 18 13 years of age at the time the offense was committed and 14 requires counseling as a result of the offense. 15 Probation may be revoked or modified pursuant to Section 16 5-6-4; except where the court determines at the hearing that 17 the defendant violated a condition of his or her probation 18 restricting contact with the victim or other family members 19 or commits another offense with the victim or other family 20 members, the court shall revoke the defendant's probation and 21 impose a term of imprisonment. 22 For the purposes of this Section, "family member" and 23 "victim" shall have the meanings ascribed to them in Section 24 12-12 of the Criminal Code of 1961. 25 (f) This Article shall not deprive a court in other 26 proceedings to order a forfeiture of property, to suspend or 27 cancel a license, to remove a person from office, or to 28 impose any other civil penalty. 29 (g) Whenever a defendant is convicted of an offense 30 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 31 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 32 12-15 or 12-16 of the Criminal Code of 1961, the defendant 33 shall undergo medical testing to determine whether the 34 defendant has any sexually transmissible disease, including a HB4245 Enrolled -22- LRB9213693RCcdA 1 test for infection with human immunodeficiency virus (HIV) or 2 any other identified causative agent of acquired 3 immunodeficiency syndrome (AIDS). Any such medical test 4 shall be performed only by appropriately licensed medical 5 practitioners and may include an analysis of any bodily 6 fluids as well as an examination of the defendant's person. 7 Except as otherwise provided by law, the results of such test 8 shall be kept strictly confidential by all medical personnel 9 involved in the testing and must be personally delivered in a 10 sealed envelope to the judge of the court in which the 11 conviction was entered for the judge's inspection in camera. 12 Acting in accordance with the best interests of the victim 13 and the public, the judge shall have the discretion to 14 determine to whom, if anyone, the results of the testing may 15 be revealed. The court shall notify the defendant of the test 16 results. The court shall also notify the victim if requested 17 by the victim, and if the victim is under the age of 15 and 18 if requested by the victim's parents or legal guardian, the 19 court shall notify the victim's parents or legal guardian of 20 the test results. The court shall provide information on the 21 availability of HIV testing and counseling at Department of 22 Public Health facilities to all parties to whom the results 23 of the testing are revealed and shall direct the State's 24 Attorney to provide the information to the victim when 25 possible. A State's Attorney may petition the court to obtain 26 the results of any HIV test administered under this Section, 27 and the court shall grant the disclosure if the State's 28 Attorney shows it is relevant in order to prosecute a charge 29 of criminal transmission of HIV under Section 12-16.2 of the 30 Criminal Code of 1961 against the defendant. The court shall 31 order that the cost of any such test shall be paid by the 32 county and may be taxed as costs against the convicted 33 defendant. 34 (g-5) When an inmate is tested for an airborne HB4245 Enrolled -23- LRB9213693RCcdA 1 communicable disease, as determined by the Illinois 2 Department of Public Health including but not limited to 3 tuberculosis, the results of the test shall be personally 4 delivered by the warden or his or her designee in a sealed 5 envelope to the judge of the court in which the inmate must 6 appear for the judge's inspection in camera if requested by 7 the judge. Acting in accordance with the best interests of 8 those in the courtroom, the judge shall have the discretion 9 to determine what if any precautions need to be taken to 10 prevent transmission of the disease in the courtroom. 11 (h) Whenever a defendant is convicted of an offense 12 under Section 1 or 2 of the Hypodermic Syringes and Needles 13 Act, the defendant shall undergo medical testing to determine 14 whether the defendant has been exposed to human 15 immunodeficiency virus (HIV) or any other identified 16 causative agent of acquired immunodeficiency syndrome (AIDS). 17 Except as otherwise provided by law, the results of such test 18 shall be kept strictly confidential by all medical personnel 19 involved in the testing and must be personally delivered in a 20 sealed envelope to the judge of the court in which the 21 conviction was entered for the judge's inspection in camera. 22 Acting in accordance with the best interests of the public, 23 the judge shall have the discretion to determine to whom, if 24 anyone, the results of the testing may be revealed. The court 25 shall notify the defendant of a positive test showing an 26 infection with the human immunodeficiency virus (HIV). The 27 court shall provide information on the availability of HIV 28 testing and counseling at Department of Public Health 29 facilities to all parties to whom the results of the testing 30 are revealed and shall direct the State's Attorney to provide 31 the information to the victim when possible. A State's 32 Attorney may petition the court to obtain the results of any 33 HIV test administered under this Section, and the court 34 shall grant the disclosure if the State's Attorney shows it HB4245 Enrolled -24- LRB9213693RCcdA 1 is relevant in order to prosecute a charge of criminal 2 transmission of HIV under Section 12-16.2 of the Criminal 3 Code of 1961 against the defendant. The court shall order 4 that the cost of any such test shall be paid by the county 5 and may be taxed as costs against the convicted defendant. 6 (i) All fines and penalties imposed under this Section 7 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 8 Vehicle Code, or a similar provision of a local ordinance, 9 and any violation of the Child Passenger Protection Act, or a 10 similar provision of a local ordinance, shall be collected 11 and disbursed by the circuit clerk as provided under Section 12 27.5 of the Clerks of Courts Act. 13 (j) In cases when prosecution for any violation of 14 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 15 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 16 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 17 12-16 of the Criminal Code of 1961, any violation of the 18 Illinois Controlled Substances Act, or any violation of the 19 Cannabis Control Act results in conviction, a disposition of 20 court supervision, or an order of probation granted under 21 Section 10 of the Cannabis Control Act or Section 410 of the 22 Illinois Controlled Substance Act of a defendant, the court 23 shall determine whether the defendant is employed by a 24 facility or center as defined under the Child Care Act of 25 1969, a public or private elementary or secondary school, or 26 otherwise works with children under 18 years of age on a 27 daily basis. When a defendant is so employed, the court 28 shall order the Clerk of the Court to send a copy of the 29 judgment of conviction or order of supervision or probation 30 to the defendant's employer by certified mail. If the 31 employer of the defendant is a school, the Clerk of the Court 32 shall direct the mailing of a copy of the judgment of 33 conviction or order of supervision or probation to the 34 appropriate regional superintendent of schools. The regional HB4245 Enrolled -25- LRB9213693RCcdA 1 superintendent of schools shall notify the State Board of 2 Education of any notification under this subsection. 3 (j-5) A defendant at least 17 years of age who is 4 convicted of a felony and who has not been previously 5 convicted of a misdemeanor or felony and who is sentenced to 6 a term of imprisonment in the Illinois Department of 7 Corrections shall as a condition of his or her sentence be 8 required by the court to attend educational courses designed 9 to prepare the defendant for a high school diploma and to 10 work toward a high school diploma or to work toward passing 11 the high school level Test of General Educational Development 12 (GED) or to work toward completing a vocational training 13 program offered by the Department of Corrections. If a 14 defendant fails to complete the educational training required 15 by his or her sentence during the term of incarceration, the 16 Prisoner Review Board shall, as a condition of mandatory 17 supervised release, require the defendant, at his or her own 18 expense, to pursue a course of study toward a high school 19 diploma or passage of the GED test. The Prisoner Review 20 Board shall revoke the mandatory supervised release of a 21 defendant who wilfully fails to comply with this subsection 22 (j-5) upon his or her release from confinement in a penal 23 institution while serving a mandatory supervised release 24 term; however, the inability of the defendant after making a 25 good faith effort to obtain financial aid or pay for the 26 educational training shall not be deemed a wilful failure to 27 comply. The Prisoner Review Board shall recommit the 28 defendant whose mandatory supervised release term has been 29 revoked under this subsection (j-5) as provided in Section 30 3-3-9. This subsection (j-5) does not apply to a defendant 31 who has a high school diploma or has successfully passed the 32 GED test. This subsection (j-5) does not apply to a defendant 33 who is determined by the court to be developmentally disabled 34 or otherwise mentally incapable of completing the educational HB4245 Enrolled -26- LRB9213693RCcdA 1 or vocational program. 2 (k) A court may not impose a sentence or disposition for 3 a felony or misdemeanor that requires the defendant to be 4 implanted or injected with or to use any form of birth 5 control. 6 (l) (A) Except as provided in paragraph (C) of 7 subsection (l), whenever a defendant, who is an alien as 8 defined by the Immigration and Nationality Act, is 9 convicted of any felony or misdemeanor offense, the court 10 after sentencing the defendant may, upon motion of the 11 State's Attorney, hold sentence in abeyance and remand 12 the defendant to the custody of the Attorney General of 13 the United States or his or her designated agent to be 14 deported when: 15 (1) a final order of deportation has been 16 issued against the defendant pursuant to proceedings 17 under the Immigration and Nationality Act, and 18 (2) the deportation of the defendant would not 19 deprecate the seriousness of the defendant's conduct 20 and would not be inconsistent with the ends of 21 justice. 22 Otherwise, the defendant shall be sentenced as 23 provided in this Chapter V. 24 (B) If the defendant has already been sentenced for 25 a felony or misdemeanor offense, or has been placed on 26 probation under Section 10 of the Cannabis Control Act or 27 Section 410 of the Illinois Controlled Substances Act, 28 the court may, upon motion of the State's Attorney to 29 suspend the sentence imposed, commit the defendant to the 30 custody of the Attorney General of the United States or 31 his or her designated agent when: 32 (1) a final order of deportation has been 33 issued against the defendant pursuant to proceedings 34 under the Immigration and Nationality Act, and HB4245 Enrolled -27- LRB9213693RCcdA 1 (2) the deportation of the defendant would not 2 deprecate the seriousness of the defendant's conduct 3 and would not be inconsistent with the ends of 4 justice. 5 (C) This subsection (l) does not apply to offenders 6 who are subject to the provisions of paragraph (2) of 7 subsection (a) of Section 3-6-3. 8 (D) Upon motion of the State's Attorney, if a 9 defendant sentenced under this Section returns to the 10 jurisdiction of the United States, the defendant shall be 11 recommitted to the custody of the county from which he or 12 she was sentenced. Thereafter, the defendant shall be 13 brought before the sentencing court, which may impose any 14 sentence that was available under Section 5-5-3 at the 15 time of initial sentencing. In addition, the defendant 16 shall not be eligible for additional good conduct credit 17 for meritorious service as provided under Section 3-6-6. 18 (m) A person convicted of criminal defacement of 19 property under Section 21-1.3 of the Criminal Code of 1961, 20 in which the property damage exceeds $300 and the property 21 damaged is a school building, shall be ordered to perform 22 community service that may include cleanup, removal, or 23 painting over the defacement. 24 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 25 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 26 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 27 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 28 92-422, eff. 8-17-01; revised 8-28-01.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.