Public Act 099-0885

HB6303 Enrolled LRB099 19696 RLC 44093 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding

Section 24-3B as follows:

(720 ILCS 5/24-3B new)

Sec. 24-3B. Firearms trafficking.

(a) A person commits firearms trafficking when he or she

has not been issued a currently valid Firearm Owner's

Identification Card and knowingly:

(1) brings, or causes to be brought, into this State, a

firearm or firearm ammunition for the purpose of sale,

delivery, or transfer to any other person or with the

intent to sell, deliver, or transfer the firearm or firearm

ammunition to any other person; or

(2) brings, or causes to be brought, into this State, a

firearm and firearm ammunition for the purpose of sale,

delivery, or transfer to any other person or with the

intent to sell, deliver, or transfer the firearm and

firearm ammunition to any other person.

(a-5) This Section does not apply to:

(1) a person exempt under Section 2 of the Firearm

Owners Identification Card Act from the requirement of

having possession of a Firearm Owner's Identification Card

previously issued in his or her name by the Department of

State Police in order to acquire or possess a firearm or

firearm ammunition;

(2) a common carrier under subsection (i) of Section

24-2 of this Code; or

(3) a non-resident who may lawfully possess a firearm

in his or her resident state.

(b) Sentence.

(1) Firearms trafficking is a Class 1 felony for which

the person, if sentenced to a term of imprisonment, shall

be sentenced to not less than 4 years and not more than 20

years.

(2) Firearms trafficking by a person who has been

previously convicted of firearms trafficking, gunrunning,

or a felony offense for the unlawful sale, delivery, or

transfer of a firearm or firearm ammunition in this State

or another jurisdiction is a Class X felony.

Section 10. The Unified Code of Corrections is amended by

changing Section 5-5-3 as follows:

(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the following

offenses. The court shall sentence the offender to not less

than the minimum term of imprisonment set forth in this Code

for the following offenses, and may order a fine or restitution

or both in conjunction with such term of imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the Illinois

Controlled Substances Act, or a violation of subdivision

(c)(1.5) or (c)(2) of Section 401 of that Act which relates

to more than 5 grams of a substance containing cocaine,

fentanyl, or an analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) A violation of Section 5.1 or 9 of the Cannabis

Control Act.

(F) A Class 2 or greater felony if the offender had

been convicted of a Class 2 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 2 or greater felony) classified as a Class

2 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Alcoholism and Other Drug Abuse and Dependency

Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

the Criminal Code of 1961 or the Criminal Code of 2012 for

which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as described

in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

of the Criminal Code of 1961 or the Criminal Code of 2012.

(J) A forcible felony if the offense was related to the

activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) A second or subsequent violation of the

Methamphetamine Control and Community Protection Act.

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of the

offenses formerly known as rape, deviate sexual assault,

indecent liberties with a child, or aggravated indecent

liberties with a child where the victim was under the age

of 18 years or an offense that is substantially equivalent

to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate of

$500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the firearm

is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment of

30 days or 300 hours of community service, as determined by the

court, shall be imposed for a third or subsequent violation of

Section 6-303 of the Illinois Vehicle Code.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303 of

the Illinois Vehicle Code, as provided in subsection (b-5) of

that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for a

period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation of

subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

as provided in subsection (d-3.5) of that Section. The person's

driving privileges shall be revoked for the remainder of his or

her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit, or

privileges suspended for at least 180 days but not more than 2

years, if the violation resulted in injury to another person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license, permit,

or privileges suspended for an additional 6 months after the

expiration of the original 3-month suspension and until he or

she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent offense

of ritualized abuse of a child may be sentenced to a term of

natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for battery

when the individual harmed was a sports official or coach at

any level of competition and the act causing harm to the sports

official or coach occurred within an athletic facility or

within the immediate vicinity of the athletic facility at which

the sports official or coach was an active participant of the

athletic contest held at the athletic facility. For the

purposes of this paragraph (11), "sports official" means a

person at an athletic contest who enforces the rules of the

contest, such as an umpire or referee; "athletic facility"

means an indoor or outdoor playing field or recreational area

where sports activities are conducted; and "coach" means a

person recognized as a coach by the sanctioning authority that

conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of the

Unified Code of Corrections which may include evidence of the

defendant's life, moral character and occupation during the

time since the original sentence was passed. The trial court

shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of the Unified Code of

Corrections. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of a

fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall consider

the safety and welfare of the victim and may impose a sentence

of probation only where:

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of 2

years; or

(B) the defendant is willing to participate in a

court approved plan including but not limited to the

defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of paying

for such services, if the victim was under 18 years of age

at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested by

the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the test

results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. A

State's Attorney may petition the court to obtain the results

of any HIV test administered under this Section, and the court

shall grant the disclosure if the State's Attorney shows it is

relevant in order to prosecute a charge of criminal

transmission of HIV under Section 12-5.01 or 12-16.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 against the

defendant. The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against

the convicted defendant.

(g-5) When an inmate is tested for an airborne communicable

disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results

of the test shall be personally delivered by the warden or his

or her designee in a sealed envelope to the judge of the court

in which the inmate must appear for the judge's inspection in

camera if requested by the judge. Acting in accordance with the

best interests of those in the courtroom, the judge shall have

the discretion to determine what if any precautions need to be

taken to prevent transmission of the disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. A State's Attorney may petition the court to

obtain the results of any HIV test administered under this

Section, and the court shall grant the disclosure if the

State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or

12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2012 against the defendant. The court shall order that the cost

of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine

Control and Community Protection Act of a defendant, the court

shall determine whether the defendant is employed by a facility

or center as defined under the Child Care Act of 1969, a public

or private elementary or secondary school, or otherwise works

with children under 18 years of age on a daily basis. When a

defendant is so employed, the court shall order the Clerk of

the Court to send a copy of the judgment of conviction or order

of supervision or probation to the defendant's employer by

certified mail. If the employer of the defendant is a school,

the Clerk of the Court shall direct the mailing of a copy of

the judgment of conviction or order of supervision or probation

to the appropriate regional superintendent of schools. The

regional superintendent of schools shall notify the State Board

of Education of any notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall as

a condition of his or her sentence be required by the court to

attend educational courses designed to prepare the defendant

for a high school diploma and to work toward a high school

diploma or to work toward passing high school equivalency

testing or to work toward completing a vocational training

program offered by the Department of Corrections. If a

defendant fails to complete the educational training required

by his or her sentence during the term of incarceration, the

Prisoner Review Board shall, as a condition of mandatory

supervised release, require the defendant, at his or her own

expense, to pursue a course of study toward a high school

diploma or passage of high school equivalency testing. The

Prisoner Review Board shall revoke the mandatory supervised

release of a defendant who wilfully fails to comply with this

subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release

term; however, the inability of the defendant after making a

good faith effort to obtain financial aid or pay for the

educational training shall not be deemed a wilful failure to

comply. The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under

this subsection (j-5) as provided in Section 3-3-9. This

subsection (j-5) does not apply to a defendant who has a high

school diploma or has successfully passed high school

equivalency testing. This subsection (j-5) does not apply to a

defendant who is determined by the court to be a person with a

developmental disability or otherwise mentally incapable of

completing the educational or vocational program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is an alien as defined by the

Immigration and Nationality Act, is convicted of any felony or

misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in

abeyance and remand the defendant to the custody of the

Attorney General of the United States or his or her designated

agent to be deported when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who are

subject to the provisions of paragraph (2) of subsection (a) of

Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of the

United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional sentence credit for good conduct as provided

under Section 3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person is an addict or alcoholic, as defined in

the Alcoholism and Other Drug Abuse and Dependency Act, to a

substance or alcohol abuse program licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions of

license renewal established by the Secretary of State.

(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;

99-143, eff. 7-27-15.)

Section 99. Effective date. This Act takes effect upon

becoming law.