Bill Text: IL SB0219 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a violation of child pornography if the child is a household or family member of the defendant. Provides that the court shall sentence the offender to not less than the minimum term of imprisonment for this offense, and may order a fine or restitution or both in conjunction with the term of imprisonment.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2019-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB0219 Detail]

Download: Illinois-2019-SB0219-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
6 (730 ILCS 5/5-5-3)
7 (Text of Section after amendment by P.A. 100-987)
8 Sec. 5-5-3. Disposition.
9 (a) (Blank).
10 (b) (Blank).
11 (c) (1) (Blank).
12 (2) A period of probation, a term of periodic imprisonment
13or conditional discharge shall not be imposed for the following
14offenses. The court shall sentence the offender to not less
15than the minimum term of imprisonment set forth in this Code
16for the following offenses, and may order a fine or restitution
17or both in conjunction with such term of imprisonment:
18 (A) First degree murder where the death penalty is not
19 imposed.
20 (B) Attempted first degree murder.
21 (C) A Class X felony.
22 (D) A violation of Section 401.1 or 407 of the Illinois
23 Controlled Substances Act, or a violation of subdivision

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1 (c)(1.5) of Section 401 of that Act which relates to more
2 than 5 grams of a substance containing fentanyl or an
3 analog thereof.
4 (D-5) A violation of subdivision (c)(1) of Section 401
5 of the Illinois Controlled Substances Act which relates to
6 3 or more grams of a substance containing heroin or an
7 analog thereof.
8 (E) (Blank).
9 (F) A Class 1 or greater felony if the offender had
10 been convicted of a Class 1 or greater felony, including
11 any state or federal conviction for an offense that
12 contained, at the time it was committed, the same elements
13 as an offense now (the date of the offense committed after
14 the prior Class 1 or greater felony) classified as a Class
15 1 or greater felony, within 10 years of the date on which
16 the offender committed the offense for which he or she is
17 being sentenced, except as otherwise provided in Section
18 40-10 of the Substance Use Disorder Act.
19 (F-3) A Class 2 or greater felony sex offense or felony
20 firearm offense if the offender had been convicted of a
21 Class 2 or greater felony, including any state or federal
22 conviction for an offense that contained, at the time it
23 was committed, the same elements as an offense now (the
24 date of the offense committed after the prior Class 2 or
25 greater felony) classified as a Class 2 or greater felony,
26 within 10 years of the date on which the offender committed

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1 the offense for which he or she is being sentenced, except
2 as otherwise provided in Section 40-10 of the Substance Use
3 Disorder Act.
4 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
5 the Criminal Code of 1961 or the Criminal Code of 2012 for
6 which imprisonment is prescribed in those Sections.
7 (G) Residential burglary, except as otherwise provided
8 in Section 40-10 of the Substance Use Disorder Act.
9 (H) Criminal sexual assault.
10 (I) Aggravated battery of a senior citizen as described
11 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
12 of the Criminal Code of 1961 or the Criminal Code of 2012.
13 (J) A forcible felony if the offense was related to the
14 activities of an organized gang.
15 Before July 1, 1994, for the purposes of this
16 paragraph, "organized gang" means an association of 5 or
17 more persons, with an established hierarchy, that
18 encourages members of the association to perpetrate crimes
19 or provides support to the members of the association who
20 do commit crimes.
21 Beginning July 1, 1994, for the purposes of this
22 paragraph, "organized gang" has the meaning ascribed to it
23 in Section 10 of the Illinois Streetgang Terrorism Omnibus
24 Prevention Act.
25 (K) Vehicular hijacking.
26 (L) A second or subsequent conviction for the offense

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1 of hate crime when the underlying offense upon which the
2 hate crime is based is felony aggravated assault or felony
3 mob action.
4 (M) A second or subsequent conviction for the offense
5 of institutional vandalism if the damage to the property
6 exceeds $300.
7 (N) A Class 3 felony violation of paragraph (1) of
8 subsection (a) of Section 2 of the Firearm Owners
9 Identification Card Act.
10 (O) A violation of Section 12-6.1 or 12-6.5 of the
11 Criminal Code of 1961 or the Criminal Code of 2012.
12 (P) A violation of paragraph (1), (2), (3), (4), (5),
13 or (7) of subsection (a) of Section 11-20.1 of the Criminal
14 Code of 1961 or the Criminal Code of 2012.
15 (P-5) A violation of paragraph (6) of subsection (a) of
16 Section 11-20.1 of the Criminal Code of 1961 or the
17 Criminal Code of 2012 if the victim is a household or
18 family member of the defendant.
19 (Q) A violation of subsection (b) or (b-5) of Section
20 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
21 Code of 1961 or the Criminal Code of 2012.
22 (R) A violation of Section 24-3A of the Criminal Code
23 of 1961 or the Criminal Code of 2012.
24 (S) (Blank).
25 (T) (Blank).
26 (U) A second or subsequent violation of Section 6-303

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1 of the Illinois Vehicle Code committed while his or her
2 driver's license, permit, or privilege was revoked because
3 of a violation of Section 9-3 of the Criminal Code of 1961
4 or the Criminal Code of 2012, relating to the offense of
5 reckless homicide, or a similar provision of a law of
6 another state.
7 (V) A violation of paragraph (4) of subsection (c) of
8 Section 11-20.1B or paragraph (4) of subsection (c) of
9 Section 11-20.3 of the Criminal Code of 1961, or paragraph
10 (6) of subsection (a) of Section 11-20.1 of the Criminal
11 Code of 2012 when the victim is under 13 years of age and
12 the defendant has previously been convicted under the laws
13 of this State or any other state of the offense of child
14 pornography, aggravated child pornography, aggravated
15 criminal sexual abuse, aggravated criminal sexual assault,
16 predatory criminal sexual assault of a child, or any of the
17 offenses formerly known as rape, deviate sexual assault,
18 indecent liberties with a child, or aggravated indecent
19 liberties with a child where the victim was under the age
20 of 18 years or an offense that is substantially equivalent
21 to those offenses.
22 (W) A violation of Section 24-3.5 of the Criminal Code
23 of 1961 or the Criminal Code of 2012.
24 (X) A violation of subsection (a) of Section 31-1a of
25 the Criminal Code of 1961 or the Criminal Code of 2012.
26 (Y) A conviction for unlawful possession of a firearm

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1 by a street gang member when the firearm was loaded or
2 contained firearm ammunition.
3 (Z) A Class 1 felony committed while he or she was
4 serving a term of probation or conditional discharge for a
5 felony.
6 (AA) Theft of property exceeding $500,000 and not
7 exceeding $1,000,000 in value.
8 (BB) Laundering of criminally derived property of a
9 value exceeding $500,000.
10 (CC) Knowingly selling, offering for sale, holding for
11 sale, or using 2,000 or more counterfeit items or
12 counterfeit items having a retail value in the aggregate of
13 $500,000 or more.
14 (DD) A conviction for aggravated assault under
15 paragraph (6) of subsection (c) of Section 12-2 of the
16 Criminal Code of 1961 or the Criminal Code of 2012 if the
17 firearm is aimed toward the person against whom the firearm
18 is being used.
19 (EE) A conviction for a violation of paragraph (2) of
20 subsection (a) of Section 24-3B of the Criminal Code of
21 2012.
22 (3) (Blank).
23 (4) A minimum term of imprisonment of not less than 10
24consecutive days or 30 days of community service shall be
25imposed for a violation of paragraph (c) of Section 6-303 of
26the Illinois Vehicle Code.

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1 (4.1) (Blank).
2 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
3this subsection (c), a minimum of 100 hours of community
4service shall be imposed for a second violation of Section
56-303 of the Illinois Vehicle Code.
6 (4.3) A minimum term of imprisonment of 30 days or 300
7hours of community service, as determined by the court, shall
8be imposed for a second violation of subsection (c) of Section
96-303 of the Illinois Vehicle Code.
10 (4.4) Except as provided in paragraphs (4.5), (4.6), and
11(4.9) of this subsection (c), a minimum term of imprisonment of
1230 days or 300 hours of community service, as determined by the
13court, shall be imposed for a third or subsequent violation of
14Section 6-303 of the Illinois Vehicle Code. The court may give
15credit toward the fulfillment of community service hours for
16participation in activities and treatment as determined by
17court services.
18 (4.5) A minimum term of imprisonment of 30 days shall be
19imposed for a third violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21 (4.6) Except as provided in paragraph (4.10) of this
22subsection (c), a minimum term of imprisonment of 180 days
23shall be imposed for a fourth or subsequent violation of
24subsection (c) of Section 6-303 of the Illinois Vehicle Code.
25 (4.7) A minimum term of imprisonment of not less than 30
26consecutive days, or 300 hours of community service, shall be

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1imposed for a violation of subsection (a-5) of Section 6-303 of
2the Illinois Vehicle Code, as provided in subsection (b-5) of
3that Section.
4 (4.8) A mandatory prison sentence shall be imposed for a
5second violation of subsection (a-5) of Section 6-303 of the
6Illinois Vehicle Code, as provided in subsection (c-5) of that
7Section. The person's driving privileges shall be revoked for a
8period of not less than 5 years from the date of his or her
9release from prison.
10 (4.9) A mandatory prison sentence of not less than 4 and
11not more than 15 years shall be imposed for a third violation
12of subsection (a-5) of Section 6-303 of the Illinois Vehicle
13Code, as provided in subsection (d-2.5) of that Section. The
14person's driving privileges shall be revoked for the remainder
15of his or her life.
16 (4.10) A mandatory prison sentence for a Class 1 felony
17shall be imposed, and the person shall be eligible for an
18extended term sentence, for a fourth or subsequent violation of
19subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
20as provided in subsection (d-3.5) of that Section. The person's
21driving privileges shall be revoked for the remainder of his or
22her life.
23 (5) The court may sentence a corporation or unincorporated
24association convicted of any offense to:
25 (A) a period of conditional discharge;
26 (B) a fine;

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1 (C) make restitution to the victim under Section 5-5-6
2 of this Code.
3 (5.1) In addition to any other penalties imposed, and
4except as provided in paragraph (5.2) or (5.3), a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for at least 90 days but not
8more than one year, if the violation resulted in damage to the
9property of another person.
10 (5.2) In addition to any other penalties imposed, and
11except as provided in paragraph (5.3), a person convicted of
12violating subsection (c) of Section 11-907 of the Illinois
13Vehicle Code shall have his or her driver's license, permit, or
14privileges suspended for at least 180 days but not more than 2
15years, if the violation resulted in injury to another person.
16 (5.3) In addition to any other penalties imposed, a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for 2 years, if the violation
20resulted in the death of another person.
21 (5.4) In addition to any other penalties imposed, a person
22convicted of violating Section 3-707 of the Illinois Vehicle
23Code shall have his or her driver's license, permit, or
24privileges suspended for 3 months and until he or she has paid
25a reinstatement fee of $100.
26 (5.5) In addition to any other penalties imposed, a person

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1convicted of violating Section 3-707 of the Illinois Vehicle
2Code during a period in which his or her driver's license,
3permit, or privileges were suspended for a previous violation
4of that Section shall have his or her driver's license, permit,
5or privileges suspended for an additional 6 months after the
6expiration of the original 3-month suspension and until he or
7she has paid a reinstatement fee of $100.
8 (6) (Blank).
9 (7) (Blank).
10 (8) (Blank).
11 (9) A defendant convicted of a second or subsequent offense
12of ritualized abuse of a child may be sentenced to a term of
13natural life imprisonment.
14 (10) (Blank).
15 (11) The court shall impose a minimum fine of $1,000 for a
16first offense and $2,000 for a second or subsequent offense
17upon a person convicted of or placed on supervision for battery
18when the individual harmed was a sports official or coach at
19any level of competition and the act causing harm to the sports
20official or coach occurred within an athletic facility or
21within the immediate vicinity of the athletic facility at which
22the sports official or coach was an active participant of the
23athletic contest held at the athletic facility. For the
24purposes of this paragraph (11), "sports official" means a
25person at an athletic contest who enforces the rules of the
26contest, such as an umpire or referee; "athletic facility"

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1means an indoor or outdoor playing field or recreational area
2where sports activities are conducted; and "coach" means a
3person recognized as a coach by the sanctioning authority that
4conducted the sporting event.
5 (12) A person may not receive a disposition of court
6supervision for a violation of Section 5-16 of the Boat
7Registration and Safety Act if that person has previously
8received a disposition of court supervision for a violation of
9that Section.
10 (13) A person convicted of or placed on court supervision
11for an assault or aggravated assault when the victim and the
12offender are family or household members as defined in Section
13103 of the Illinois Domestic Violence Act of 1986 or convicted
14of domestic battery or aggravated domestic battery may be
15required to attend a Partner Abuse Intervention Program under
16protocols set forth by the Illinois Department of Human
17Services under such terms and conditions imposed by the court.
18The costs of such classes shall be paid by the offender.
19 (d) In any case in which a sentence originally imposed is
20vacated, the case shall be remanded to the trial court. The
21trial court shall hold a hearing under Section 5-4-1 of this
22the Unified Code of Corrections which may include evidence of
23the defendant's life, moral character and occupation during the
24time since the original sentence was passed. The trial court
25shall then impose sentence upon the defendant. The trial court
26may impose any sentence which could have been imposed at the

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1original trial subject to Section 5-5-4 of this the Unified
2Code of Corrections. If a sentence is vacated on appeal or on
3collateral attack due to the failure of the trier of fact at
4trial to determine beyond a reasonable doubt the existence of a
5fact (other than a prior conviction) necessary to increase the
6punishment for the offense beyond the statutory maximum
7otherwise applicable, either the defendant may be re-sentenced
8to a term within the range otherwise provided or, if the State
9files notice of its intention to again seek the extended
10sentence, the defendant shall be afforded a new trial.
11 (e) In cases where prosecution for aggravated criminal
12sexual abuse under Section 11-1.60 or 12-16 of the Criminal
13Code of 1961 or the Criminal Code of 2012 results in conviction
14of a defendant who was a family member of the victim at the
15time of the commission of the offense, the court shall consider
16the safety and welfare of the victim and may impose a sentence
17of probation only where:
18 (1) the court finds (A) or (B) or both are appropriate:
19 (A) the defendant is willing to undergo a court
20 approved counseling program for a minimum duration of 2
21 years; or
22 (B) the defendant is willing to participate in a
23 court approved plan including but not limited to the
24 defendant's:
25 (i) removal from the household;
26 (ii) restricted contact with the victim;

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1 (iii) continued financial support of the
2 family;
3 (iv) restitution for harm done to the victim;
4 and
5 (v) compliance with any other measures that
6 the court may deem appropriate; and
7 (2) the court orders the defendant to pay for the
8 victim's counseling services, to the extent that the court
9 finds, after considering the defendant's income and
10 assets, that the defendant is financially capable of paying
11 for such services, if the victim was under 18 years of age
12 at the time the offense was committed and requires
13 counseling as a result of the offense.
14 Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21 For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24 (f) (Blank).
25 (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

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111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested by
23the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the test
26results. The court shall provide information on the

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1availability of HIV testing and counseling at Department of
2Public Health facilities to all parties to whom the results of
3the testing are revealed and shall direct the State's Attorney
4to provide the information to the victim when possible. A
5State's Attorney may petition the court to obtain the results
6of any HIV test administered under this Section, and the court
7shall grant the disclosure if the State's Attorney shows it is
8relevant in order to prosecute a charge of criminal
9transmission of HIV under Section 12-5.01 or 12-16.2 of the
10Criminal Code of 1961 or the Criminal Code of 2012 against the
11defendant. The court shall order that the cost of any such test
12shall be paid by the county and may be taxed as costs against
13the convicted defendant.
14 (g-5) When an inmate is tested for an airborne communicable
15disease, as determined by the Illinois Department of Public
16Health including but not limited to tuberculosis, the results
17of the test shall be personally delivered by the warden or his
18or her designee in a sealed envelope to the judge of the court
19in which the inmate must appear for the judge's inspection in
20camera if requested by the judge. Acting in accordance with the
21best interests of those in the courtroom, the judge shall have
22the discretion to determine what if any precautions need to be
23taken to prevent transmission of the disease in the courtroom.
24 (h) Whenever a defendant is convicted of an offense under
25Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26defendant shall undergo medical testing to determine whether

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1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. A State's Attorney may petition the court to
19obtain the results of any HIV test administered under this
20Section, and the court shall grant the disclosure if the
21State's Attorney shows it is relevant in order to prosecute a
22charge of criminal transmission of HIV under Section 12-5.01 or
2312-16.2 of the Criminal Code of 1961 or the Criminal Code of
242012 against the defendant. The court shall order that the cost
25of any such test shall be paid by the county and may be taxed as
26costs against the convicted defendant.

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1 (i) All fines and penalties imposed under this Section for
2any violation of Chapters 3, 4, 6, and 11 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, and
4any violation of the Child Passenger Protection Act, or a
5similar provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under the Criminal
7and Traffic Assessment Act.
8 (j) In cases when prosecution for any violation of Section
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
14Code of 2012, any violation of the Illinois Controlled
15Substances Act, any violation of the Cannabis Control Act, or
16any violation of the Methamphetamine Control and Community
17Protection Act results in conviction, a disposition of court
18supervision, or an order of probation granted under Section 10
19of the Cannabis Control Act, Section 410 of the Illinois
20Controlled Substances Act, or Section 70 of the Methamphetamine
21Control and Community Protection Act of a defendant, the court
22shall determine whether the defendant is employed by a facility
23or center as defined under the Child Care Act of 1969, a public
24or private elementary or secondary school, or otherwise works
25with children under 18 years of age on a daily basis. When a
26defendant is so employed, the court shall order the Clerk of

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1the Court to send a copy of the judgment of conviction or order
2of supervision or probation to the defendant's employer by
3certified mail. If the employer of the defendant is a school,
4the Clerk of the Court shall direct the mailing of a copy of
5the judgment of conviction or order of supervision or probation
6to the appropriate regional superintendent of schools. The
7regional superintendent of schools shall notify the State Board
8of Education of any notification under this subsection.
9 (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall as
13a condition of his or her sentence be required by the court to
14attend educational courses designed to prepare the defendant
15for a high school diploma and to work toward a high school
16diploma or to work toward passing high school equivalency
17testing or to work toward completing a vocational training
18program offered by the Department of Corrections. If a
19defendant fails to complete the educational training required
20by his or her sentence during the term of incarceration, the
21Prisoner Review Board shall, as a condition of mandatory
22supervised release, require the defendant, at his or her own
23expense, to pursue a course of study toward a high school
24diploma or passage of high school equivalency testing. The
25Prisoner Review Board shall revoke the mandatory supervised
26release of a defendant who wilfully fails to comply with this

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1subsection (j-5) upon his or her release from confinement in a
2penal institution while serving a mandatory supervised release
3term; however, the inability of the defendant after making a
4good faith effort to obtain financial aid or pay for the
5educational training shall not be deemed a wilful failure to
6comply. The Prisoner Review Board shall recommit the defendant
7whose mandatory supervised release term has been revoked under
8this subsection (j-5) as provided in Section 3-3-9. This
9subsection (j-5) does not apply to a defendant who has a high
10school diploma or has successfully passed high school
11equivalency testing. This subsection (j-5) does not apply to a
12defendant who is determined by the court to be a person with a
13developmental disability or otherwise mentally incapable of
14completing the educational or vocational program.
15 (k) (Blank).
16 (l) (A) Except as provided in paragraph (C) of subsection
17(l), whenever a defendant, who is an alien as defined by the
18Immigration and Nationality Act, is convicted of any felony or
19misdemeanor offense, the court after sentencing the defendant
20may, upon motion of the State's Attorney, hold sentence in
21abeyance and remand the defendant to the custody of the
22Attorney General of the United States or his or her designated
23agent to be deported when:
24 (1) a final order of deportation has been issued
25 against the defendant pursuant to proceedings under the
26 Immigration and Nationality Act, and

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1 (2) the deportation of the defendant would not
2 deprecate the seriousness of the defendant's conduct and
3 would not be inconsistent with the ends of justice.
4 Otherwise, the defendant shall be sentenced as provided in
5this Chapter V.
6 (B) If the defendant has already been sentenced for a
7felony or misdemeanor offense, or has been placed on probation
8under Section 10 of the Cannabis Control Act, Section 410 of
9the Illinois Controlled Substances Act, or Section 70 of the
10Methamphetamine Control and Community Protection Act, the
11court may, upon motion of the State's Attorney to suspend the
12sentence imposed, commit the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent when:
15 (1) a final order of deportation has been issued
16 against the defendant pursuant to proceedings under the
17 Immigration and Nationality Act, and
18 (2) the deportation of the defendant would not
19 deprecate the seriousness of the defendant's conduct and
20 would not be inconsistent with the ends of justice.
21 (C) This subsection (l) does not apply to offenders who are
22subject to the provisions of paragraph (2) of subsection (a) of
23Section 3-6-3.
24 (D) Upon motion of the State's Attorney, if a defendant
25sentenced under this Section returns to the jurisdiction of the
26United States, the defendant shall be recommitted to the

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1custody of the county from which he or she was sentenced.
2Thereafter, the defendant shall be brought before the
3sentencing court, which may impose any sentence that was
4available under Section 5-5-3 at the time of initial
5sentencing. In addition, the defendant shall not be eligible
6for additional earned sentence credit as provided under Section
73-6-3.
8 (m) A person convicted of criminal defacement of property
9under Section 21-1.3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, in which the property damage exceeds
11$300 and the property damaged is a school building, shall be
12ordered to perform community service that may include cleanup,
13removal, or painting over the defacement.
14 (n) The court may sentence a person convicted of a
15violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012 (i) to an impact
18incarceration program if the person is otherwise eligible for
19that program under Section 5-8-1.1, (ii) to community service,
20or (iii) if the person has a substance use disorder, as defined
21in the Substance Use Disorder Act, to a treatment program
22licensed under that Act.
23 (o) Whenever a person is convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act, the
25defendant's driver's license or permit shall be subject to
26renewal on an annual basis in accordance with the provisions of

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1license renewal established by the Secretary of State.
2(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
399-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
41-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
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