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HB2669 Engrossed LRB096 08264 RLC 18371 b AN ACT concerning emergency services.
HB2669 Enrolled LRB096 08264 RLC 18371 b AN ACT concerning emergency services.
Units of government eligible for HB2669 Engrossed - 2 - LRB096 08264 RLC 18371 b reimbursement;
Units of government eligible for HB2669 Enrolled - 2 - LRB096 08264 RLC 18371 b reimbursement;
HB2669 Engrossed - 3 - LRB096 08264 RLC 18371 b (3) A term of conditional discharge.
HB2669 Enrolled - 3 - LRB096 08264 RLC 18371 b (3) A term of conditional discharge.
(c) (1) When a defendant is found guilty of first degree HB2669 Engrossed - 4 - LRB096 08264 RLC 18371 b murder the State may either seek a sentence of imprisonment under Section 5-8-1 of this Code, or where appropriate seek a sentence of death under Section 9-1 of the Criminal Code of 1961.
(c) (1) When a defendant is found guilty of first degree HB2669 Enrolled - 4 - LRB096 08264 RLC 18371 b murder the State may either seek a sentence of imprisonment under Section 5-8-1 of this Code, or where appropriate seek a sentence of death under Section 9-1 of the Criminal Code of 1961.
(F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the HB2669 Engrossed - 5 - LRB096 08264 RLC 18371 b 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) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the HB2669 Enrolled - 5 - LRB096 08264 RLC 18371 b 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.
(L) A second or subsequent conviction for the offense of hate crime when the underlying offense upon HB2669 Engrossed - 6 - LRB096 08264 RLC 18371 b which the hate crime is based is felony aggravated assault or felony mob action.
(L) A second or subsequent conviction for the offense of hate crime when the underlying offense upon HB2669 Enrolled - 6 - LRB096 08264 RLC 18371 b which the hate crime is based is felony aggravated assault or felony mob action.
(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of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of HB2669 Engrossed - 7 - LRB096 08264 RLC 18371 b another state.
(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, relating to the offense of reckless homicide, or a similar provision of a law of HB2669 Enrolled - 7 - LRB096 08264 RLC 18371 b another state.
(4.5) A minimum term of imprisonment of 30 days shall HB2669 Engrossed - 8 - LRB096 08264 RLC 18371 b be imposed for a third violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall HB2669 Enrolled - 8 - LRB096 08264 RLC 18371 b be imposed for a third violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an HB2669 Engrossed - 9 - LRB096 08264 RLC 18371 b 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.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an HB2669 Enrolled - 9 - LRB096 08264 RLC 18371 b 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.
(5.2) In addition to any penalties imposed under paragraph (5) of this subsection (c), 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 HB2669 Engrossed - 10 - LRB096 08264 RLC 18371 b not more than 2 years, if the violation resulted in injury to another person.
(5.2) In addition to any penalties imposed under paragraph (5) of this subsection (c), 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 HB2669 Enrolled - 10 - LRB096 08264 RLC 18371 b not more than 2 years, if the violation resulted in injury to another person.
(6) In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of HB2669 Engrossed - 11 - LRB096 08264 RLC 18371 b probation or conditional discharge for a felony.
(6) In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of HB2669 Enrolled - 11 - LRB096 08264 RLC 18371 b probation or conditional discharge for a felony.
(11) The court shall impose a minimum fine of $1,000 HB2669 Engrossed - 12 - LRB096 08264 RLC 18371 b 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.
(11) The court shall impose a minimum fine of $1,000 HB2669 Enrolled - 12 - LRB096 08264 RLC 18371 b 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.
(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 HB2669 Engrossed - 13 - LRB096 08264 RLC 18371 b 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.
(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 HB2669 Enrolled - 13 - LRB096 08264 RLC 18371 b 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.
(e) In cases where prosecution for aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of HB2669 Engrossed - 14 - LRB096 08264 RLC 18371 b 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:
(e) In cases where prosecution for aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of HB2669 Enrolled - 14 - LRB096 08264 RLC 18371 b 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:
Probation may be revoked or modified pursuant to Section HB2669 Engrossed - 15 - LRB096 08264 RLC 18371 b 5-6-4;
Probation may be revoked or modified pursuant to Section HB2669 Enrolled - 15 - LRB096 08264 RLC 18371 b 5-6-4;
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical HB2669 Engrossed - 16 - LRB096 08264 RLC 18371 b 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.
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical HB2669 Enrolled - 16 - LRB096 08264 RLC 18371 b 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.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public HB2669 Engrossed - 17 - LRB096 08264 RLC 18371 b 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.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public HB2669 Enrolled - 17 - LRB096 08264 RLC 18371 b 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.
The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to HB2669 Engrossed - 18 - LRB096 08264 RLC 18371 b whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible.
The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to HB2669 Enrolled - 18 - LRB096 08264 RLC 18371 b whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 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, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, 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 HB2669 Engrossed - 19 - LRB096 08264 RLC 18371 b supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance 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.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 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, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, 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 HB2669 Enrolled - 19 - LRB096 08264 RLC 18371 b supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance 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.
(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 the high school level Test of General Educational Development (GED) or to work toward HB2669 Engrossed - 20 - LRB096 08264 RLC 18371 b completing a vocational training program offered by the Department of Corrections.
(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 the high school level Test of General Educational Development (GED) or to work toward HB2669 Enrolled - 20 - LRB096 08264 RLC 18371 b completing a vocational training program offered by the Department of Corrections.
HB2669 Engrossed - 21 - LRB096 08264 RLC 18371 b (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:
HB2669 Enrolled - 21 - LRB096 08264 RLC 18371 b (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 HB2669 Engrossed - 22 - LRB096 08264 RLC 18371 b 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.
(1) a final order of deportation has been issued HB2669 Enrolled - 22 - LRB096 08264 RLC 18371 b 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.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal HB2669 Engrossed - 23 - LRB096 08264 RLC 18371 b Code of 1961 (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.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal HB2669 Enrolled - 23 - LRB096 08264 RLC 18371 b Code of 1961 (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.
Each such additional fine shall be remitted by the Circuit Clerk HB2669 Engrossed - 24 - LRB096 08264 RLC 18371 b within one month after receipt to the State Treasurer for deposit into the Fire Service and Small Equipment Fire Prevention Fund.
Each such additional fine shall be remitted by the Circuit Clerk HB2669 Enrolled - 24 - LRB096 08264 RLC 18371 b within one month after receipt to the State Treasurer for deposit into the Fire Service and Small Equipment Fire Prevention Fund.
This Act takes effect upon HB2669 Engrossed - 25 - LRB096 08264 RLC 18371 b becoming law.
This Act takes effect upon HB2669 Enrolled - 25 - LRB096 08264 RLC 18371 b becoming law.
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