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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3094 Introduced 2/19/2016, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/24-3B new | | 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 |
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Amends the Criminal Code of 2012. Creates the offense of firearms trafficking. Provides that a person commits the offense when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly brings, or causes to be brought, into the State, a firearm or firearm ammunition, or both, 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. Provides that 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. Provides that 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. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed when the person has been found guilty of firearms trafficking involving both a firearm and firearm ammunition. Provides that the court shall sentence the offender to not less than the minimum term
of imprisonment for the offense. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by adding |
| 5 | | Section 24-3B as follows:
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| 6 | | (720 ILCS 5/24-3B new) |
| 7 | | Sec. 24-3B. Firearms trafficking. |
| 8 | | (a) A person commits firearms trafficking when he or she |
| 9 | | has not been issued a currently valid Firearm Owner's |
| 10 | | Identification Card and knowingly: |
| 11 | | (1) brings, or causes to be brought, into this State, a |
| 12 | | firearm or firearm ammunition for the purpose of sale, |
| 13 | | delivery, or transfer to any other person or with the |
| 14 | | intent to sell, deliver, or transfer the firearm or firearm |
| 15 | | ammunition to any other person; or |
| 16 | | (2) brings, or causes to be brought, into this State, a |
| 17 | | firearm and firearm ammunition for the purpose of sale, |
| 18 | | delivery, or transfer to any other person or with the |
| 19 | | intent to sell, deliver, or transfer the firearm and |
| 20 | | firearm ammunition to any other person. |
| 21 | | (b) Sentence. |
| 22 | | (1) Firearms trafficking is a Class 1 felony for which |
| 23 | | the person, if sentenced to a term of imprisonment, shall |
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| 1 | | be sentenced to not less than 4 years and not more than 20 |
| 2 | | years. |
| 3 | | (2) Firearms trafficking by a person who has been |
| 4 | | previously convicted of firearms trafficking, gunrunning, |
| 5 | | or a felony offense for the unlawful sale, delivery, or |
| 6 | | transfer of a firearm or firearm ammunition in this State |
| 7 | | or another jurisdiction is a Class X felony.
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| 8 | | Section 10. The Unified Code of Corrections is amended by |
| 9 | | changing Section 5-5-3 as follows:
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| 10 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| 11 | | Sec. 5-5-3. Disposition.
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| 12 | | (a) (Blank).
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| 13 | | (b) (Blank).
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| 14 | | (c) (1) (Blank).
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| 15 | | (2) A period of probation, a term of periodic imprisonment |
| 16 | | or
conditional discharge shall not be imposed for the following |
| 17 | | offenses.
The court shall sentence the offender to not less |
| 18 | | than the minimum term
of imprisonment set forth in this Code |
| 19 | | for the following offenses, and
may order a fine or restitution |
| 20 | | or both in conjunction with such term of
imprisonment:
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| 21 | | (A) First degree murder where the death penalty is not |
| 22 | | imposed.
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| 23 | | (B) Attempted first degree murder.
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| 24 | | (C) A Class X felony.
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| 1 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
| 2 | | Controlled Substances Act, or a violation of subdivision |
| 3 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
| 4 | | to more than 5 grams of a substance
containing cocaine, |
| 5 | | fentanyl, or an analog thereof.
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| 6 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| 7 | | of the Illinois Controlled Substances Act which relates to |
| 8 | | 3 or more grams of a substance
containing heroin or an |
| 9 | | analog thereof. |
| 10 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
| 11 | | Control
Act.
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| 12 | | (F) A Class 2 or greater felony if the offender had |
| 13 | | been convicted
of a Class 2 or greater felony, including |
| 14 | | any state or federal conviction for an offense that |
| 15 | | contained, at the time it was committed, the same elements |
| 16 | | as an offense now (the date of the offense committed after |
| 17 | | the prior Class 2 or greater felony) classified as a Class |
| 18 | | 2 or greater felony, within 10 years of the date on which |
| 19 | | the
offender
committed the offense for which he or she is |
| 20 | | being sentenced, except as
otherwise provided in Section |
| 21 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
| 22 | | Act.
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| 23 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
| 24 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
| 25 | | which imprisonment is prescribed in those Sections. |
| 26 | | (G) Residential burglary, except as otherwise provided |
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| 1 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
| 2 | | Dependency Act.
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| 3 | | (H) Criminal sexual assault.
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| 4 | | (I) Aggravated battery of a senior citizen as described |
| 5 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
| 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
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| 7 | | (J) A forcible felony if the offense was related to the |
| 8 | | activities of an
organized gang.
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| 9 | | Before July 1, 1994, for the purposes of this |
| 10 | | paragraph, "organized
gang" means an association of 5 or |
| 11 | | more persons, with an established hierarchy,
that |
| 12 | | encourages members of the association to perpetrate crimes |
| 13 | | or provides
support to the members of the association who |
| 14 | | do commit crimes.
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| 15 | | Beginning July 1, 1994, for the purposes of this |
| 16 | | paragraph,
"organized gang" has the meaning ascribed to it |
| 17 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
| 18 | | Prevention Act.
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| 19 | | (K) Vehicular hijacking.
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| 20 | | (L) A second or subsequent conviction for the offense |
| 21 | | of hate crime
when the underlying offense upon which the |
| 22 | | hate crime is based is felony
aggravated
assault or felony |
| 23 | | mob action.
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| 24 | | (M) A second or subsequent conviction for the offense |
| 25 | | of institutional
vandalism if the damage to the property |
| 26 | | exceeds $300.
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| 1 | | (N) A Class 3 felony violation of paragraph (1) of |
| 2 | | subsection (a) of
Section 2 of the Firearm Owners |
| 3 | | Identification Card Act.
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| 4 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 5 | | Criminal Code of 1961 or the Criminal Code of 2012.
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| 6 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| 7 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
| 8 | | Code of 1961 or the Criminal Code of 2012.
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| 9 | | (Q) A violation of subsection (b) or (b-5) of Section |
| 10 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 11 | | Code of
1961 or the Criminal Code of 2012.
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| 12 | | (R) A violation of Section 24-3A of the Criminal Code |
| 13 | | of
1961 or the Criminal Code of 2012.
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| 14 | | (S) (Blank).
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| 15 | | (T) A second or subsequent violation of the |
| 16 | | Methamphetamine Control and Community Protection Act.
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| 17 | | (U) A second or subsequent violation of Section 6-303 |
| 18 | | of the Illinois Vehicle Code committed while his or her |
| 19 | | driver's license, permit, or privilege was revoked because |
| 20 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 21 | | or the Criminal Code of 2012, relating to the offense of |
| 22 | | reckless homicide, or a similar provision of a law of |
| 23 | | another state.
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| 24 | | (V)
A violation of paragraph (4) of subsection (c) of |
| 25 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 26 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
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| 1 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 2 | | Code of 2012 when the victim is under 13 years of age and |
| 3 | | the defendant has previously been convicted under the laws |
| 4 | | of this State or any other state of the offense of child |
| 5 | | pornography, aggravated child pornography, aggravated |
| 6 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 7 | | predatory criminal sexual assault of a child, or any of the |
| 8 | | offenses formerly known as rape, deviate sexual assault, |
| 9 | | indecent liberties with a child, or aggravated indecent |
| 10 | | liberties with a child where the victim was under the age |
| 11 | | of 18 years or an offense that is substantially equivalent |
| 12 | | to those offenses. |
| 13 | | (W) A violation of Section 24-3.5 of the Criminal Code |
| 14 | | of 1961 or the Criminal Code of 2012.
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| 15 | | (X) A violation of subsection (a) of Section 31-1a of |
| 16 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
| 17 | | (Y) A conviction for unlawful possession of a firearm |
| 18 | | by a street gang member when the firearm was loaded or |
| 19 | | contained firearm ammunition. |
| 20 | | (Z) A Class 1 felony committed while he or she was |
| 21 | | serving a term of probation or conditional discharge for a |
| 22 | | felony. |
| 23 | | (AA) Theft of property exceeding $500,000 and not |
| 24 | | exceeding $1,000,000 in value. |
| 25 | | (BB) Laundering of criminally derived property of a |
| 26 | | value exceeding
$500,000. |
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| 1 | | (CC) Knowingly selling, offering for sale, holding for |
| 2 | | sale, or using 2,000 or more counterfeit items or |
| 3 | | counterfeit items having a retail value in the aggregate of |
| 4 | | $500,000 or more. |
| 5 | | (DD) A conviction for aggravated assault under |
| 6 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 7 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 8 | | firearm is aimed toward the person against whom the firearm |
| 9 | | is being used. |
| 10 | | (EE) A conviction for a violation of paragraph (2) of |
| 11 | | subsection (a) of Section 24-3B of the Criminal Code of |
| 12 | | 2012. |
| 13 | | (3) (Blank).
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| 14 | | (4) A minimum term of imprisonment of not less than 10
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| 15 | | consecutive days or 30 days of community service shall be |
| 16 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
| 17 | | the Illinois Vehicle Code.
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| 18 | | (4.1) (Blank).
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| 19 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 20 | | this subsection (c), a
minimum of
100 hours of community |
| 21 | | service shall be imposed for a second violation of
Section |
| 22 | | 6-303
of the Illinois Vehicle Code.
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| 23 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 24 | | hours of community
service, as determined by the court, shall
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| 25 | | be imposed for a second violation of subsection (c) of Section |
| 26 | | 6-303 of the
Illinois Vehicle Code.
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| 1 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
| 2 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
| 3 | | 30 days or 300 hours of community service, as
determined by the |
| 4 | | court, shall
be imposed
for a third or subsequent violation of |
| 5 | | Section 6-303 of the Illinois Vehicle
Code.
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| 6 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
| 7 | | imposed for a third violation of subsection (c) of
Section |
| 8 | | 6-303 of the Illinois Vehicle Code.
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| 9 | | (4.6) Except as provided in paragraph (4.10) of this |
| 10 | | subsection (c), a minimum term of imprisonment of 180 days |
| 11 | | shall be imposed for a
fourth or subsequent violation of |
| 12 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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| 13 | | (4.7) A minimum term of imprisonment of not less than 30 |
| 14 | | consecutive days, or 300 hours of community service, shall be |
| 15 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
| 16 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
| 17 | | that Section.
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| 18 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 19 | | second violation of subsection (a-5) of Section 6-303 of the |
| 20 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 21 | | Section. The person's driving privileges shall be revoked for a |
| 22 | | period of not less than 5 years from the date of his or her |
| 23 | | release from prison.
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| 24 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 25 | | not more than 15 years shall be imposed for a third violation |
| 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 2 | | person's driving privileges shall be revoked for the remainder |
| 3 | | of his or her life.
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| 4 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 5 | | shall be imposed, and the person shall be eligible for an |
| 6 | | extended term sentence, for a fourth or subsequent violation of |
| 7 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
| 8 | | as provided in subsection (d-3.5) of that Section. The person's |
| 9 | | driving privileges shall be revoked for the remainder of his or |
| 10 | | her life.
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| 11 | | (5) The court may sentence a corporation or unincorporated
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| 12 | | association convicted of any offense to:
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| 13 | | (A) a period of conditional discharge;
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| 14 | | (B) a fine;
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| 15 | | (C) make restitution to the victim under Section 5-5-6 |
| 16 | | of this Code.
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| 17 | | (5.1) In addition to any other penalties imposed, and |
| 18 | | except as provided in paragraph (5.2) or (5.3), a person
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| 19 | | convicted of violating subsection (c) of Section 11-907 of the |
| 20 | | Illinois
Vehicle Code shall have his or her driver's license, |
| 21 | | permit, or privileges
suspended for at least 90 days but not |
| 22 | | more than one year, if the violation
resulted in damage to the |
| 23 | | property of another person.
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| 24 | | (5.2) In addition to any other penalties imposed, and |
| 25 | | except as provided in paragraph (5.3), a person convicted
of |
| 26 | | violating subsection (c) of Section 11-907 of the Illinois |
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| 1 | | Vehicle Code
shall have his or her driver's license, permit, or |
| 2 | | privileges suspended for at
least 180 days but not more than 2 |
| 3 | | years, if the violation resulted in injury
to
another person.
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| 4 | | (5.3) In addition to any other penalties imposed, a person |
| 5 | | convicted of violating subsection (c) of Section
11-907 of the |
| 6 | | Illinois Vehicle Code shall have his or her driver's license,
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| 7 | | permit, or privileges suspended for 2 years, if the violation |
| 8 | | resulted in the
death of another person.
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| 9 | | (5.4) In addition to any other penalties imposed, a person |
| 10 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 11 | | Code shall have his or her driver's license, permit, or |
| 12 | | privileges suspended for 3 months and until he or she has paid |
| 13 | | a reinstatement fee of $100. |
| 14 | | (5.5) In addition to any other penalties imposed, a person |
| 15 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 16 | | Code during a period in which his or her driver's license, |
| 17 | | permit, or privileges were suspended for a previous violation |
| 18 | | of that Section shall have his or her driver's license, permit, |
| 19 | | or privileges suspended for an additional 6 months after the |
| 20 | | expiration of the original 3-month suspension and until he or |
| 21 | | she has paid a reinstatement fee of $100.
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| 22 | | (6) (Blank).
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| 23 | | (7) (Blank).
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| 24 | | (8) (Blank).
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| 25 | | (9) A defendant convicted of a second or subsequent offense |
| 26 | | of ritualized
abuse of a child may be sentenced to a term of |
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| 1 | | natural life imprisonment.
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| 2 | | (10) (Blank).
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| 3 | | (11) The court shall impose a minimum fine of $1,000 for a |
| 4 | | first offense
and $2,000 for a second or subsequent offense |
| 5 | | upon a person convicted of or
placed on supervision for battery |
| 6 | | when the individual harmed was a sports
official or coach at |
| 7 | | any level of competition and the act causing harm to the
sports
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| 8 | | official or coach occurred within an athletic facility or |
| 9 | | within the immediate vicinity
of the athletic facility at which |
| 10 | | the sports official or coach was an active
participant
of the |
| 11 | | athletic contest held at the athletic facility. For the |
| 12 | | purposes of
this paragraph (11), "sports official" means a |
| 13 | | person at an athletic contest
who enforces the rules of the |
| 14 | | contest, such as an umpire or referee; "athletic facility" |
| 15 | | means an indoor or outdoor playing field or recreational area |
| 16 | | where sports activities are conducted;
and "coach" means a |
| 17 | | person recognized as a coach by the sanctioning
authority that |
| 18 | | conducted the sporting event. |
| 19 | | (12) A person may not receive a disposition of court |
| 20 | | supervision for a
violation of Section 5-16 of the Boat |
| 21 | | Registration and Safety Act if that
person has previously |
| 22 | | received a disposition of court supervision for a
violation of |
| 23 | | that Section.
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| 24 | | (13) A person convicted of or placed on court supervision |
| 25 | | for an assault or aggravated assault when the victim and the |
| 26 | | offender are family or household members as defined in Section |
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| 1 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 2 | | of domestic battery or aggravated domestic battery may be |
| 3 | | required to attend a Partner Abuse Intervention Program under |
| 4 | | protocols set forth by the Illinois Department of Human |
| 5 | | Services under such terms and conditions imposed by the court. |
| 6 | | The costs of such classes shall be paid by the offender.
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| 7 | | (d) In any case in which a sentence originally imposed is |
| 8 | | vacated,
the case shall be remanded to the trial court. The |
| 9 | | trial court shall
hold a hearing under Section 5-4-1 of the |
| 10 | | Unified Code of Corrections
which may include evidence of the |
| 11 | | defendant's life, moral character and
occupation during the |
| 12 | | time since the original sentence was passed. The
trial court |
| 13 | | shall then impose sentence upon the defendant. The trial
court |
| 14 | | may impose any sentence which could have been imposed at the
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| 15 | | original trial subject to Section 5-5-4 of the Unified Code of |
| 16 | | Corrections.
If a sentence is vacated on appeal or on |
| 17 | | collateral attack due to the
failure of the trier of fact at |
| 18 | | trial to determine beyond a reasonable doubt
the
existence of a |
| 19 | | fact (other than a prior conviction) necessary to increase the
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| 20 | | punishment for the offense beyond the statutory maximum |
| 21 | | otherwise applicable,
either the defendant may be re-sentenced |
| 22 | | to a term within the range otherwise
provided or, if the State |
| 23 | | files notice of its intention to again seek the
extended |
| 24 | | sentence, the defendant shall be afforded a new trial.
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| 25 | | (e) In cases where prosecution for
aggravated criminal |
| 26 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
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| 1 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 2 | | of a defendant
who was a family member of the victim at the |
| 3 | | time of the commission of the
offense, the court shall consider |
| 4 | | the safety and welfare of the victim and
may impose a sentence |
| 5 | | of probation only where:
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| 6 | | (1) the court finds (A) or (B) or both are appropriate:
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| 7 | | (A) the defendant is willing to undergo a court |
| 8 | | approved counseling
program for a minimum duration of 2 |
| 9 | | years; or
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| 10 | | (B) the defendant is willing to participate in a |
| 11 | | court approved plan
including but not limited to the |
| 12 | | defendant's:
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| 13 | | (i) removal from the household;
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| 14 | | (ii) restricted contact with the victim;
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| 15 | | (iii) continued financial support of the |
| 16 | | family;
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| 17 | | (iv) restitution for harm done to the victim; |
| 18 | | and
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| 19 | | (v) compliance with any other measures that |
| 20 | | the court may
deem appropriate; and
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| 21 | | (2) the court orders the defendant to pay for the |
| 22 | | victim's counseling
services, to the extent that the court |
| 23 | | finds, after considering the
defendant's income and |
| 24 | | assets, that the defendant is financially capable of
paying |
| 25 | | for such services, if the victim was under 18 years of age |
| 26 | | at the
time the offense was committed and requires |
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| 1 | | counseling as a result of the
offense.
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| 2 | | Probation may be revoked or modified pursuant to Section |
| 3 | | 5-6-4; except
where the court determines at the hearing that |
| 4 | | the defendant violated a
condition of his or her probation |
| 5 | | restricting contact with the victim or
other family members or |
| 6 | | commits another offense with the victim or other
family |
| 7 | | members, the court shall revoke the defendant's probation and
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| 8 | | impose a term of imprisonment.
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| 9 | | For the purposes of this Section, "family member" and |
| 10 | | "victim" shall have
the meanings ascribed to them in Section |
| 11 | | 11-0.1 of the Criminal Code of
2012.
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| 12 | | (f) (Blank).
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| 13 | | (g) Whenever a defendant is convicted of an offense under |
| 14 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
| 15 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 16 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 17 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| 18 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
| 19 | | Criminal Code of 2012,
the defendant shall undergo medical |
| 20 | | testing to
determine whether the defendant has any sexually |
| 21 | | transmissible disease,
including a test for infection with |
| 22 | | human immunodeficiency virus (HIV) or
any other identified |
| 23 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 24 | | Any such medical test shall be performed only by appropriately
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| 25 | | licensed medical practitioners and may include an analysis of |
| 26 | | any bodily
fluids as well as an examination of the defendant's |
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| 1 | | person.
Except as otherwise provided by law, the results of |
| 2 | | such test shall be kept
strictly confidential by all medical |
| 3 | | personnel involved in the testing and must
be personally |
| 4 | | delivered in a sealed envelope to the judge of the court in |
| 5 | | which
the conviction was entered for the judge's inspection in |
| 6 | | camera. Acting in
accordance with the best interests of the |
| 7 | | victim and the public, the judge
shall have the discretion to |
| 8 | | determine to whom, if anyone, the results of the
testing may be |
| 9 | | revealed. The court shall notify the defendant
of the test |
| 10 | | results. The court shall
also notify the victim if requested by |
| 11 | | the victim, and if the victim is under
the age of 15 and if |
| 12 | | requested by the victim's parents or legal guardian, the
court |
| 13 | | shall notify the victim's parents or legal guardian of the test
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| 14 | | results.
The court shall provide information on the |
| 15 | | availability of HIV testing
and counseling at Department of |
| 16 | | Public Health facilities to all parties to
whom the results of |
| 17 | | the testing are revealed and shall direct the State's
Attorney |
| 18 | | to provide the information to the victim when possible.
A |
| 19 | | State's Attorney may petition the court to obtain the results |
| 20 | | of any HIV test
administered under this Section, and the court |
| 21 | | shall grant the disclosure if
the State's Attorney shows it is |
| 22 | | relevant in order to prosecute a charge of
criminal |
| 23 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| 24 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| 25 | | defendant. The court shall order that the cost of any such test
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| 26 | | shall be paid by the county and may be taxed as costs against |
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| 1 | | the convicted
defendant.
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| 2 | | (g-5) When an inmate is tested for an airborne communicable |
| 3 | | disease, as
determined by the Illinois Department of Public |
| 4 | | Health including but not
limited to tuberculosis, the results |
| 5 | | of the test shall be
personally delivered by the warden or his |
| 6 | | or her designee in a sealed envelope
to the judge of the court |
| 7 | | in which the inmate must appear for the judge's
inspection in |
| 8 | | camera if requested by the judge. Acting in accordance with the
|
| 9 | | best interests of those in the courtroom, the judge shall have |
| 10 | | the discretion
to determine what if any precautions need to be |
| 11 | | taken to prevent transmission
of the disease in the courtroom.
|
| 12 | | (h) Whenever a defendant is convicted of an offense under |
| 13 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| 14 | | defendant shall undergo
medical testing to determine whether |
| 15 | | the defendant has been exposed to human
immunodeficiency virus |
| 16 | | (HIV) or any other identified causative agent of
acquired |
| 17 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 18 | | by
law, the results of such test shall be kept strictly |
| 19 | | confidential by all
medical personnel involved in the testing |
| 20 | | and must be personally delivered in a
sealed envelope to the |
| 21 | | judge of the court in which the conviction was entered
for the |
| 22 | | judge's inspection in camera. Acting in accordance with the |
| 23 | | best
interests of the public, the judge shall have the |
| 24 | | discretion to determine to
whom, if anyone, the results of the |
| 25 | | testing may be revealed. The court shall
notify the defendant |
| 26 | | of a positive test showing an infection with the human
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| 1 | | immunodeficiency virus (HIV). The court shall provide |
| 2 | | information on the
availability of HIV testing and counseling |
| 3 | | at Department of Public Health
facilities to all parties to |
| 4 | | whom the results of the testing are revealed and
shall direct |
| 5 | | the State's Attorney to provide the information to the victim |
| 6 | | when
possible. A State's Attorney may petition the court to |
| 7 | | obtain the results of
any HIV test administered under this |
| 8 | | Section, and the court shall grant the
disclosure if the |
| 9 | | State's Attorney shows it is relevant in order to prosecute a
|
| 10 | | charge of criminal transmission of HIV under Section 12-5.01 or |
| 11 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| 12 | | 2012 against the defendant. The court shall order that the cost |
| 13 | | of any
such test shall be paid by the county and may be taxed as |
| 14 | | costs against the
convicted defendant.
|
| 15 | | (i) All fines and penalties imposed under this Section for |
| 16 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
| 17 | | Vehicle Code, or a similar
provision of a local ordinance, and |
| 18 | | any violation
of the Child Passenger Protection Act, or a |
| 19 | | similar provision of a local
ordinance, shall be collected and |
| 20 | | disbursed by the circuit
clerk as provided under Section 27.5 |
| 21 | | of the Clerks of Courts Act.
|
| 22 | | (j) In cases when prosecution for any violation of Section |
| 23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| 24 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 25 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 26 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
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| 1 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| 2 | | Code of 2012, any violation of the Illinois Controlled |
| 3 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 4 | | any violation of the Methamphetamine Control and Community |
| 5 | | Protection Act results in conviction, a
disposition of court |
| 6 | | supervision, or an order of probation granted under
Section 10 |
| 7 | | of the Cannabis Control Act, Section 410 of the Illinois
|
| 8 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
| 9 | | Control and Community Protection Act of a defendant, the court |
| 10 | | shall determine whether the
defendant is employed by a facility |
| 11 | | or center as defined under the Child Care
Act of 1969, a public |
| 12 | | or private elementary or secondary school, or otherwise
works |
| 13 | | with children under 18 years of age on a daily basis. When a |
| 14 | | defendant
is so employed, the court shall order the Clerk of |
| 15 | | the Court to send a copy of
the judgment of conviction or order |
| 16 | | of supervision or probation to the
defendant's employer by |
| 17 | | certified mail.
If the employer of the defendant is a school, |
| 18 | | the Clerk of the Court shall
direct the mailing of a copy of |
| 19 | | the judgment of conviction or order of
supervision or probation |
| 20 | | to the appropriate regional superintendent of schools.
The |
| 21 | | regional superintendent of schools shall notify the State Board |
| 22 | | of
Education of any notification under this subsection.
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| 23 | | (j-5) A defendant at least 17 years of age who is convicted |
| 24 | | of a felony and
who has not been previously convicted of a |
| 25 | | misdemeanor or felony and who is
sentenced to a term of |
| 26 | | imprisonment in the Illinois Department of Corrections
shall as |
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| 1 | | a condition of his or her sentence be required by the court to |
| 2 | | attend
educational courses designed to prepare the defendant |
| 3 | | for a high school diploma
and to work toward a high school |
| 4 | | diploma or to work toward passing high school equivalency |
| 5 | | testing or to work toward
completing a vocational training |
| 6 | | program offered by the Department of
Corrections. If a |
| 7 | | defendant fails to complete the educational training
required |
| 8 | | by his or her sentence during the term of incarceration, the |
| 9 | | Prisoner
Review Board shall, as a condition of mandatory |
| 10 | | supervised release, require the
defendant, at his or her own |
| 11 | | expense, to pursue a course of study toward a high
school |
| 12 | | diploma or passage of high school equivalency testing. The |
| 13 | | Prisoner Review Board shall
revoke the mandatory supervised |
| 14 | | release of a defendant who wilfully fails to
comply with this |
| 15 | | subsection (j-5) upon his or her release from confinement in a
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| 16 | | penal institution while serving a mandatory supervised release |
| 17 | | term; however,
the inability of the defendant after making a |
| 18 | | good faith effort to obtain
financial aid or pay for the |
| 19 | | educational training shall not be deemed a wilful
failure to |
| 20 | | comply. The Prisoner Review Board shall recommit the defendant
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| 21 | | whose mandatory supervised release term has been revoked under |
| 22 | | this subsection
(j-5) as provided in Section 3-3-9. This |
| 23 | | subsection (j-5) does not apply to a
defendant who has a high |
| 24 | | school diploma or has successfully passed high school |
| 25 | | equivalency testing. This subsection (j-5) does not apply to a |
| 26 | | defendant who is determined by
the court to be a person with a |
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| 1 | | developmental disability or otherwise mentally incapable of
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| 2 | | completing the educational or vocational program.
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| 3 | | (k) (Blank).
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| 4 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 5 | | (l), whenever a defendant,
who is an alien as defined by the |
| 6 | | Immigration and Nationality Act, is convicted
of any felony or |
| 7 | | misdemeanor offense, the court after sentencing the defendant
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| 8 | | may, upon motion of the State's Attorney, hold sentence in |
| 9 | | abeyance and remand
the defendant to the custody of the |
| 10 | | Attorney General of
the United States or his or her designated |
| 11 | | agent to be deported when:
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| 12 | | (1) a final order of deportation has been issued |
| 13 | | against the defendant
pursuant to proceedings under the |
| 14 | | Immigration and Nationality Act, and
|
| 15 | | (2) the deportation of the defendant would not |
| 16 | | deprecate the seriousness
of the defendant's conduct and |
| 17 | | would not be inconsistent with the ends of
justice.
|
| 18 | | Otherwise, the defendant shall be sentenced as provided in |
| 19 | | this Chapter V.
|
| 20 | | (B) If the defendant has already been sentenced for a |
| 21 | | felony or
misdemeanor
offense, or has been placed on probation |
| 22 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
| 23 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 24 | | Methamphetamine Control and Community Protection Act, the |
| 25 | | court
may, upon motion of the State's Attorney to suspend the
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| 26 | | sentence imposed, commit the defendant to the custody of the |
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| 1 | | Attorney General
of the United States or his or her designated |
| 2 | | agent when:
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| 3 | | (1) a final order of deportation has been issued |
| 4 | | against the defendant
pursuant to proceedings under the |
| 5 | | Immigration and Nationality Act, and
|
| 6 | | (2) the deportation of the defendant would not |
| 7 | | deprecate the seriousness
of the defendant's conduct and |
| 8 | | would not be inconsistent with the ends of
justice.
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| 9 | | (C) This subsection (l) does not apply to offenders who are |
| 10 | | subject to the
provisions of paragraph (2) of subsection (a) of |
| 11 | | Section 3-6-3.
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| 12 | | (D) Upon motion of the State's Attorney, if a defendant |
| 13 | | sentenced under
this Section returns to the jurisdiction of the |
| 14 | | United States, the defendant
shall be recommitted to the |
| 15 | | custody of the county from which he or she was
sentenced.
|
| 16 | | Thereafter, the defendant shall be brought before the |
| 17 | | sentencing court, which
may impose any sentence that was |
| 18 | | available under Section 5-5-3 at the time of
initial |
| 19 | | sentencing. In addition, the defendant shall not be eligible |
| 20 | | for
additional sentence credit for good conduct as provided |
| 21 | | under
Section 3-6-3.
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| 22 | | (m) A person convicted of criminal defacement of property |
| 23 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
| 24 | | Criminal Code of 2012, in which the property damage exceeds |
| 25 | | $300
and the property damaged is a school building, shall be |
| 26 | | ordered to perform
community service that may include cleanup, |
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| 1 | | removal, or painting over the
defacement.
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| 2 | | (n) The court may sentence a person convicted of a |
| 3 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
| 4 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 5 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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| 6 | | incarceration program if the person is otherwise eligible for |
| 7 | | that program
under Section 5-8-1.1, (ii) to community service, |
| 8 | | or (iii) if the person is an
addict or alcoholic, as defined in |
| 9 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
| 10 | | substance or alcohol abuse program licensed under that
Act. |
| 11 | | (o) Whenever a person is convicted of a sex offense as |
| 12 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 13 | | defendant's driver's license or permit shall be subject to |
| 14 | | renewal on an annual basis in accordance with the provisions of |
| 15 | | license renewal established by the Secretary of State.
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| 16 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
| 17 | | 99-143, eff. 7-27-15.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.
|