730 ILCS 5/5-5-3
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

(Text of Section from P.A. 102-168)Sec. 5-5-3. Disposition.(a) (Blank).(b) (Blank).(c) (1) (Blank).(2) A period of probation, a term of periodic imprisonment or  conditional discharge shall not be imposed for the following offenses.  The court shall sentence the offender to not less than the minimum term  of imprisonment set forth in this Code for the following offenses, and  may order a fine or restitution or both in conjunction with such term of  imprisonment:(A) First degree murder where the death penalty is     not imposed.(B) Attempted first degree murder.(C) A Class X felony.(D) A violation of Section 401.1 or 407 of the     Illinois Controlled Substances Act, or a violation of subdivision            (c)(1.5) of Section 401 of that Act which relates to more than 5 grams of a substance containing fentanyl or an analog thereof.(D-5)   A violation of subdivision (c)(1) of Section     401 of the Illinois Controlled Substances Act which relates to 3 or more grams of a substance containing heroin or an analog thereof.(E) (Blank).(F) A Class 1 or greater felony if the offender had     been convicted of a Class 1 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 1 or greater felony) classified as a Class 1 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.(F-3) A Class 2 or greater felony sex offense or     felony firearm offense if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6     of the Criminal Code of 1961 or the Criminal Code of 2012 for which imprisonment is prescribed in those Sections.(G) Residential burglary, except as otherwise     provided in Section 40-10 of the Substance Use Disorder Act.(H) Criminal sexual assault.(I) Aggravated battery of a senior citizen as     described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012.(J) A forcible felony if the offense was related to     the activities of an organized gang.Before July 1, 1994, for the purposes of this     paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.Beginning July 1, 1994, for the purposes of this     paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.(K) Vehicular hijacking.(L) A second or subsequent conviction for the offense     of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.(M) A second or subsequent conviction for the offense     of institutional vandalism if the damage to the property exceeds $300.(N) A Class 3 felony violation of paragraph (1) of     subsection (a) of Section 2 of the Firearm Owners Identification Card Act.(O) A violation of Section 12-6.1 or 12-6.5 of the     Criminal Code of 1961 or the Criminal Code of 2012.(P) A violation of paragraph (1), (2), (3), (4), (5),     or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012.(Q) A violation of subsection (b) or (b-5) of Section     20-1, Section 20-1.2, or Section 20-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012.(R) A violation of Section 24-3A of the Criminal Code     of 1961 or the Criminal Code of 2012.(S) (Blank).(T) (Blank).(U) A second or subsequent violation of Section 6-303     of the Illinois Vehicle  Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.(V)   A violation of paragraph (4) of subsection (c)     of Section 11-20.1B or paragraph (4) of subsection (c) of Section 11-20.3 of the Criminal Code of 1961, or paragraph (6) of subsection (a) of Section 11-20.1 of the Criminal Code of 2012 when the victim is under 13 years of age and the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses.(W)  A violation of Section 24-3.5 of the Criminal     Code of 1961 or the Criminal Code of 2012.(X)  A violation of subsection (a) of Section 31-1a     of the Criminal Code of 1961 or the Criminal Code of 2012.(Y)  A conviction for unlawful possession of a     firearm by a street gang member when the firearm was loaded or contained firearm ammunition.(Z)  A Class 1 felony committed while he or she was     serving a term of probation or conditional discharge for a felony.(AA)  Theft of property exceeding $500,000 and not     exceeding $1,000,000 in value.(BB)  Laundering of criminally derived property of a     value exceeding $500,000.(CC) Knowingly selling, offering for sale, holding     for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.(DD) A conviction for aggravated assault under     paragraph (6) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012 if the firearm is aimed toward the person against whom the firearm is being used.(EE) A conviction for a violation of paragraph (2) of     subsection (a) of Section 24-3B of the Criminal Code of 2012.(3) (Blank).(4) A minimum term of imprisonment of not less than 10  consecutive days or 30 days of community service shall be imposed for a  violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.(4.1) (Blank).(4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a  minimum of  100 hours of community service shall be imposed for a second violation of  Section 6-303  of the Illinois Vehicle Code.(4.3) A minimum term of imprisonment of 30 days or 300 hours of community  service, as determined by the court, shall  be imposed for a second violation of subsection (c) of Section 6-303 of the  Illinois Vehicle Code.(4.4) Except as provided in paragraphs    (4.5), (4.6), and (4.9) of this  subsection (c), a  minimum term of imprisonment of 30 days or 300 hours of community service, as  determined by the court, shall  be imposed  for a third or subsequent violation of Section 6-303 of the Illinois Vehicle  Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.(4.5) A minimum term of imprisonment of 30 days  shall be imposed for a third violation of subsection (c) of  Section 6-303 of the Illinois Vehicle Code.(4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a  fourth or subsequent violation of subsection (c) of Section 6-303 of the  Illinois Vehicle Code.(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.(5) The court may sentence a corporation or unincorporated  association convicted of any offense to:(A) a period of conditional discharge;(B) a fine;(C) make restitution to the victim under Section     5-5-6 of this Code.(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person  convicted of violating subsection (c) of Section 11-907 of the Illinois  Vehicle Code shall have his or her driver's license, permit, or privileges  suspended for at least 90 days but not more than one year, if the violation  resulted in damage to the property of another person.(5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted  of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code  shall have his or her driver's license, permit, or privileges suspended for at  least 180 days but not more than 2 years, if the violation resulted in injury  to  another person.(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section  11-907 of the Illinois Vehicle Code shall have his or her driver's license,  permit, or privileges suspended for 2 years, if the violation resulted in the  death of another person.(5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.(5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension   and until he or she has paid a reinstatement fee of $100.(6) (Blank).(7) (Blank).(8) (Blank).(9) A defendant convicted of a second or subsequent offense of ritualized  abuse of a child may be sentenced to a term of natural life imprisonment.(10) (Blank).(11) The court shall impose a minimum fine of $1,000 for a first offense  and $2,000 for a second or subsequent offense upon a person convicted of or  placed on supervision for battery when the individual harmed was a sports  official or coach at any level of competition and the act causing harm to the  sports  official or coach occurred within an athletic facility or within the immediate vicinity  of the athletic facility at which the sports official or coach was an active  participant  of the athletic contest held at the athletic facility.  For the purposes of  this paragraph (11), "sports official" means a person at an athletic contest  who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;  and "coach" means a person recognized as a coach by the sanctioning  authority that conducted the sporting event.(12) A person may not receive a disposition of court supervision for a  violation of Section 5-16 of the Boat Registration and Safety Act if that  person has previously received a disposition of court supervision for a  violation of that Section.(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse  Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court.  The costs of such classes shall be paid by the offender.(d) In any case in which a sentence originally imposed is vacated,  the case shall be remanded to the trial court.  The trial court shall  hold a hearing under Section 5-4-1 of this Code  which may include evidence of the defendant's life, moral character and  occupation during the time since the original sentence was passed.  The  trial court shall then impose sentence upon the defendant.  The trial  court may impose any sentence which could have been imposed at the  original trial subject to Section 5-5-4 of this Code.  If a sentence is vacated on appeal or on collateral attack due to the  failure of the trier of fact at trial to determine beyond a reasonable doubt  the  existence of a fact (other than a prior conviction) necessary to increase the  punishment for the offense beyond the statutory maximum otherwise applicable,  either the defendant may be re-sentenced to a term within the range otherwise  provided or, if the State files notice of its intention to again seek the  extended sentence, the defendant shall be afforded a new trial.(e) In cases where prosecution for  aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the  Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant  who was a family member of the victim at the time of the commission of the  offense, the court shall consider the safety and welfare of the victim and  may impose a sentence of probation only where:(1) the court finds (A) or (B) or both are     appropriate:(A) the defendant is willing to undergo a court         approved counseling program for a minimum duration of 2 years; or(B) the defendant is willing to participate in a         court approved plan including but not limited to the defendant's:(i) removal from the household;(ii) restricted contact with the victim;(iii) continued financial support of the             family;(iv) restitution for harm done to the victim;             and(v) compliance with any other measures that             the court may deem appropriate; and(2) the court orders the defendant to pay for the     victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.Probation may be revoked or modified pursuant to Section 5-6-4; except  where the court determines at the hearing that the defendant violated a  condition of his or her probation restricting contact with the victim or  other family members or commits another offense with the victim or other  family members, the court shall revoke the defendant's probation and  impose a term of imprisonment.For the purposes of this Section, "family member" and "victim" shall have  the meanings ascribed to them in Section 11-0.1 of the Criminal Code of  2012.(f) (Blank).(g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,  11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,  12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,  the defendant shall undergo medical testing to  determine whether the defendant has any sexually transmissible disease,  including a test for infection with human immunodeficiency virus (HIV) or  any other identified causative agent of acquired immunodeficiency syndrome  (AIDS).  Any such medical test shall be performed only by appropriately  licensed medical practitioners and may include an analysis of any bodily  fluids as well as an examination of the defendant's person.  Except as otherwise provided by law, the results of such test shall be kept  strictly confidential by all medical personnel involved in the testing and must  be personally delivered in a sealed envelope to the judge of the court in which  the conviction was entered for the judge's inspection in camera.  Acting in  accordance with the best interests of the victim and the public, the judge  shall have the discretion to determine to whom, if anyone, the results of the  testing may be revealed. The court shall notify the defendant  of the test results.  The court shall  also notify the victim if requested by the victim, and if the victim is under  the age of 15 and if requested by the victim's parents or legal guardian, the  court shall notify the victim's parents or legal guardian of the test  results.  The court shall provide information on the availability of HIV testing  and counseling at Department of Public Health facilities to all parties to  whom the results of the testing are revealed and shall direct the State's  Attorney to provide the information to the victim when possible.    The court shall order that the cost of any such test  shall be paid by the county and may be taxed as costs against the convicted  defendant.(g-5) When an inmate is tested for an airborne communicable disease, as  determined by the Illinois Department of Public Health including but not  limited to tuberculosis, the results of the test shall be  personally delivered by the warden or his or her designee in a sealed envelope  to the judge of the court in which the inmate must appear for the judge's  inspection in camera if requested by the judge.  Acting in accordance with the  best interests of those in the courtroom, the judge shall have the discretion  to determine what if any precautions need to be taken to prevent transmission  of the disease in the courtroom.(h) Whenever a defendant is convicted of an offense under Section 1 or 2  of the Hypodermic Syringes and Needles Act, the defendant shall undergo  medical testing to determine whether the defendant has been exposed to human  immunodeficiency virus (HIV) or any other identified causative agent of  acquired immunodeficiency syndrome (AIDS).  Except as otherwise provided by  law, the results of such test shall be kept strictly confidential by all  medical personnel involved in the testing and must be personally delivered in a  sealed envelope to the judge of the court in which the conviction was entered  for the judge's inspection in camera.  Acting in accordance with the best  interests of the public, the judge shall have the discretion to determine to  whom, if anyone, the results of the testing may be revealed. The court shall  notify the defendant of a positive test showing an infection with the human  immunodeficiency virus (HIV). The court shall provide information on the  availability of HIV testing and counseling at Department of Public Health  facilities to all parties to whom the results of the testing are revealed and  shall direct the State's Attorney to provide the information to the victim when  possible. The court shall order that the cost of any  such test shall be paid by the county and may be taxed as costs against the  convicted defendant.(i) All fines and penalties imposed under this Section for any violation  of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar  provision of a local ordinance, and any violation  of the Child Passenger Protection Act, or a similar provision of a local  ordinance, shall be collected and disbursed by the circuit  clerk as provided under the Criminal and Traffic Assessment Act.(j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,  11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,  11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or  12-16 of the  Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,   any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a  disposition of court supervision, or an order of probation granted under  Section 10 of the Cannabis Control Act, Section 410 of the Illinois  Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the  defendant is employed by a facility or center as defined under the Child Care  Act of 1969, a public or private elementary or secondary school, or otherwise  works with children under 18 years of age on a daily basis.  When a defendant  is so employed, the court shall order the Clerk of the Court to send a copy of  the judgment of conviction or order of supervision or probation to the  defendant's employer by certified mail.  If the employer of the defendant is a school, the Clerk of the Court shall  direct the mailing of a copy of the judgment of conviction or order of  supervision or probation to the appropriate regional superintendent of schools.   The regional superintendent of schools shall notify the State Board of  Education of any notification under this subsection.(j-5) A defendant at least 17 years of age who is convicted of a felony and  who has not been previously convicted of a misdemeanor or felony and who is  sentenced to a term of imprisonment in the Illinois Department of Corrections  shall as a condition of his or her sentence be required by the court to attend  educational courses designed to prepare the defendant for a high school diploma  and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward  completing a vocational training program offered by the Department of  Corrections.  If a defendant fails to complete the educational training  required by his or her sentence during the term of incarceration, the Prisoner  Review Board shall, as a condition of mandatory supervised release, require the  defendant, at his or her own expense, to pursue a course of study toward a high  school diploma or passage of high school equivalency testing.  The Prisoner Review Board shall  revoke the mandatory supervised release of a defendant who wilfully fails to  comply with this subsection (j-5) upon his or her release from confinement in a  penal institution while serving a mandatory supervised release term; however,  the inability of the defendant after making a good faith effort to obtain  financial aid or pay for the educational training shall not be deemed a wilful  failure to comply.  The Prisoner Review Board shall recommit the defendant  whose mandatory supervised release term has been revoked under this subsection  (j-5) as provided in Section 3-3-9.  This subsection (j-5) does not apply to a  defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by  the court to be a person with a developmental disability or otherwise mentally incapable of  completing the educational or vocational program.(k) (Blank).(l) (A) Except as provided  in paragraph (C) of subsection (l), whenever a defendant,  who is an alien as defined by the Immigration and Nationality Act, is convicted  of any felony or misdemeanor offense, the court after sentencing the defendant  may, upon motion of the State's Attorney, hold sentence in abeyance and remand  the defendant to the custody of the Attorney General of  the United States or his or her designated agent to be deported when:(1) a final order of deportation has been issued     against the defendant pursuant to proceedings under the Immigration and Nationality Act, and(2) the deportation of the defendant would not     deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.Otherwise, the defendant shall be sentenced as provided in this Chapter V.(B) If the defendant has already been sentenced for a felony or  misdemeanor  offense, or has been placed on probation under Section 10 of the Cannabis  Control Act,    Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court  may, upon motion of the State's Attorney to suspend the  sentence imposed, commit the defendant to the custody of the Attorney General  of the United States or his or her designated agent when:(1) a final order of deportation has been issued     against the defendant pursuant to proceedings under the Immigration and Nationality Act, and(2) the deportation of the defendant would not     deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.(C) This subsection (l) does not apply to offenders who are subject to the  provisions of paragraph (2) of subsection (a) of Section 3-6-3.(D) Upon motion of the State's Attorney, if a defendant sentenced under  this Section returns to the jurisdiction of the United States, the defendant  shall be recommitted to the custody of the county from which he or she was  sentenced.  Thereafter, the defendant shall be brought before the sentencing court, which  may impose any sentence that was available under Section 5-5-3 at the time of  initial sentencing.  In addition, the defendant shall not be eligible for  additional earned sentence credit as provided under  Section 3-6-3.(m) A person convicted of criminal defacement of property under Section  21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300  and the property damaged is a school building, shall be ordered to perform  community service that may include cleanup, removal, or painting over the  defacement.(n) The court may sentence a person convicted of a violation of Section  12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact  incarceration program if the person is otherwise eligible for that program  under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined  in the Substance Use Disorder Act, to a treatment program  licensed under that Act.(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an  annual basis in accordance with the provisions of license renewal established by the Secretary of State.    (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21.)(Text of Section from P.A. 102-531)Sec. 5-5-3. Disposition.(a) (Blank).(b) (Blank).(c) (1) (Blank).(2) A period of probation, a term of periodic imprisonment or  conditional discharge shall not be imposed for the following offenses.  The court shall sentence the offender to not less than the minimum term  of imprisonment set forth in this Code for the following offenses, and  may order a fine or restitution or both in conjunction with such term of  imprisonment:(A) First degree murder where the death penalty is     not imposed.(B) Attempted first degree murder.(C) A Class X felony.(D) A violation of Section 401.1 or 407 of the     Illinois Controlled Substances Act, or a violation of subdivision            (c)(1.5) of Section 401 of that Act which relates to more than 5 grams of a substance containing fentanyl or an analog thereof.(D-5)   A violation of subdivision (c)(1) of Section     401 of the Illinois Controlled Substances Act which relates to 3 or more grams of a substance containing heroin or an analog thereof.(E) (Blank).(F) A Class 1 or greater felony if the offender had     been convicted of a Class 1 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 1 or greater felony) classified as a Class 1 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.(F-3) A Class 2 or greater felony sex offense or     felony firearm offense if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6     of the Criminal Code of 1961 or the Criminal Code of 2012 for which imprisonment is prescribed in those Sections.(G) Residential burglary, except as otherwise     provided in Section 40-10 of the Substance Use Disorder Act.(H) Criminal sexual assault.(I) Aggravated battery of a senior citizen as     described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012.(J) A forcible felony if the offense was related to     the activities of an organized gang.Before July 1, 1994, for the purposes of this     paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.Beginning July 1, 1994, for the purposes of this     paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.(K) Vehicular hijacking.(L) A second or subsequent conviction for the offense     of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.(M) A second or subsequent conviction for the offense     of institutional vandalism if the damage to the property exceeds $300.(N) A Class 3 felony violation of paragraph (1) of     subsection (a) of Section 2 of the Firearm Owners Identification Card Act.(O) A violation of Section 12-6.1 or 12-6.5 of the     Criminal Code of 1961 or the Criminal Code of 2012.(P) A violation of paragraph (1), (2), (3), (4), (5),     or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012.(P-5) A violation of paragraph (6) of subsection (a)     of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 if the victim is a household or family member of the defendant.(Q) A violation of subsection (b) or (b-5) of Section     20-1, Section 20-1.2, or Section 20-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012.(R) A violation of Section 24-3A of the Criminal Code     of 1961 or the Criminal Code of 2012.(S) (Blank).(T) (Blank).(U) A second or subsequent violation of Section 6-303     of the Illinois Vehicle  Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.(V)   A violation of paragraph (4) of subsection (c)     of Section 11-20.1B or paragraph (4) of subsection (c) of Section 11-20.3 of the Criminal Code of 1961, or paragraph (6) of subsection (a) of Section 11-20.1 of the Criminal Code of 2012 when the victim is under 13 years of age and the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses.(W)  A violation of Section 24-3.5 of the Criminal     Code of 1961 or the Criminal Code of 2012.(X)  A violation of subsection (a) of Section 31-1a     of the Criminal Code of 1961 or the Criminal Code of 2012.(Y)  A conviction for unlawful possession of a     firearm by a street gang member when the firearm was loaded or contained firearm ammunition.(Z)  A Class 1 felony committed while he or she was     serving a term of probation or conditional discharge for a felony.(AA)  Theft of property exceeding $500,000 and not     exceeding $1,000,000 in value.(BB)  Laundering of criminally derived property of a     value exceeding $500,000.(CC) Knowingly selling, offering for sale, holding     for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.(DD) A conviction for aggravated assault under     paragraph (6) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012 if the firearm is aimed toward the person against whom the firearm is being used.(EE) A conviction for a violation of paragraph (2) of     subsection (a) of Section 24-3B of the Criminal Code of 2012.(3) (Blank).(4) A minimum term of imprisonment of not less than 10  consecutive days or 30 days of community service shall be imposed for a  violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.(4.1) (Blank).(4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a  minimum of  100 hours of community service shall be imposed for a second violation of  Section 6-303  of the Illinois Vehicle Code.(4.3) A minimum term of imprisonment of 30 days or 300 hours of community  service, as determined by the court, shall  be imposed for a second violation of subsection (c) of Section 6-303 of the  Illinois Vehicle Code.(4.4) Except as provided in paragraphs    (4.5), (4.6), and (4.9) of this  subsection (c), a  minimum term of imprisonment of 30 days or 300 hours of community service, as  determined by the court, shall  be imposed  for a third or subsequent violation of Section 6-303 of the Illinois Vehicle  Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.(4.5) A minimum term of imprisonment of 30 days  shall be imposed for a third violation of subsection (c) of  Section 6-303 of the Illinois Vehicle Code.(4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a  fourth or subsequent violation of subsection (c) of Section 6-303 of the  Illinois Vehicle Code.(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.(5) The court may sentence a corporation or unincorporated  association convicted of any offense to:(A) a period of conditional discharge;(B) a fine;(C) make restitution to the victim under Section     5-5-6 of this Code.(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person  convicted of violating subsection (c) of Section 11-907 of the Illinois  Vehicle Code shall have his or her driver's license, permit, or privileges  suspended for at least 90 days but not more than one year, if the violation  resulted in damage to the property of another person.(5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted  of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code  shall have his or her driver's license, permit, or privileges suspended for at  least 180 days but not more than 2 years, if the violation resulted in injury  to  another person.(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section  11-907 of the Illinois Vehicle Code shall have his or her driver's license,  permit, or privileges suspended for 2 years, if the violation resulted in the  death of another person.(5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.(5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension   and until he or she has paid a reinstatement fee of $100.(6) (Blank).(7) (Blank).(8) (Blank).(9) A defendant convicted of a second or subsequent offense of ritualized  abuse of a child may be sentenced to a term of natural life imprisonment.(10) (Blank).(11) The court shall impose a minimum fine of $1,000 for a first offense  and $2,000 for a second or subsequent offense upon a person convicted of or  placed on supervision for battery when the individual harmed was a sports  official or coach at any level of competition and the act causing harm to the  sports  official or coach occurred within an athletic facility or within the immediate vicinity  of the athletic facility at which the sports official or coach was an active  participant  of the athletic contest held at the athletic facility.  For the purposes of  this paragraph (11), "sports official" means a person at an athletic contest  who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;  and "coach" means a person recognized as a coach by the sanctioning  authority that conducted the sporting event.(12) A person may not receive a disposition of court supervision for a  violation of Section 5-16 of the Boat Registration and Safety Act if that  person has previously received a disposition of court supervision for a  violation of that Section.(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse  Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court.  The costs of such classes shall be paid by the offender.(d) In any case in which a sentence originally imposed is vacated,  the case shall be remanded to the trial court.  The trial court shall  hold a hearing under Section 5-4-1 of this Code  which may include evidence of the defendant's life, moral character and  occupation during the time since the original sentence was passed.  The  trial court shall then impose sentence upon the defendant.  The trial  court may impose any sentence which could have been imposed at the  original trial subject to Section 5-5-4 of this Code.  If a sentence is vacated on appeal or on collateral attack due to the  failure of the trier of fact at trial to determine beyond a reasonable doubt  the  existence of a fact (other than a prior conviction) necessary to increase the  punishment for the offense beyond the statutory maximum otherwise applicable,  either the defendant may be re-sentenced to a term within the range otherwise  provided or, if the State files notice of its intention to again seek the  extended sentence, the defendant shall be afforded a new trial.(e) In cases where prosecution for  aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the  Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant  who was a family member of the victim at the time of the commission of the  offense, the court shall consider the safety and welfare of the victim and  may impose a sentence of probation only where:(1) the court finds (A) or (B) or both are     appropriate:(A) the defendant is willing to undergo a court         approved counseling program for a minimum duration of 2 years; or(B) the defendant is willing to participate in a         court approved plan including but not limited to the defendant's:(i) removal from the household;(ii) restricted contact with the victim;(iii) continued financial support of the             family;(iv) restitution for harm done to the victim;             and(v) compliance with any other measures that             the court may deem appropriate; and(2) the court orders the defendant to pay for the     victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.Probation may be revoked or modified pursuant to Section 5-6-4; except  where the court determines at the hearing that the defendant violated a  condition of his or her probation restricting contact with the victim or  other family members or commits another offense with the victim or other  family members, the court shall revoke the defendant's probation and  impose a term of imprisonment.For the purposes of this Section, "family member" and "victim" shall have  the meanings ascribed to them in Section 11-0.1 of the Criminal Code of  2012.(f) (Blank).(g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,  11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,  12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,  the defendant shall undergo medical testing to  determine whether the defendant has any sexually transmissible disease,  including a test for infection with human immunodeficiency virus (HIV) or  any other identified causative agent of acquired immunodeficiency syndrome  (AIDS).  Any such medical test shall be performed only by appropriately  licensed medical practitioners and may include an analysis of any bodily  fluids as well as an examination of the defendant's person.  Except as otherwise provided by law, the results of such test shall be kept  strictly confidential by all medical personnel involved in the testing and must  be personally delivered in a sealed envelope to the judge of the court in which  the conviction was entered for the judge's inspection in camera.  Acting in  accordance with the best interests of the victim and the public, the judge  shall have the discretion to determine to whom, if anyone, the results of the  testing may be revealed. The court shall notify the defendant  of the test results.  The court shall  also notify the victim if requested by the victim, and if the victim is under  the age of 15 and if requested by the victim's parents or legal guardian, the  court shall notify the victim's parents or legal guardian of the test  results.  The court shall provide information on the availability of HIV testing  and counseling at Department of Public Health facilities to all parties to  whom the results of the testing are revealed and shall direct the State's  Attorney to provide the information to the victim when possible.  A State's Attorney may petition the court to obtain the results of any HIV test  administered under this Section, and the court shall grant the disclosure if  the State's Attorney shows it is relevant in order to prosecute a charge of  criminal transmission of HIV under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of 2012  against the defendant.  The court shall order that the cost of any such test  shall be paid by the county and may be taxed as costs against the convicted  defendant.(g-5) When an inmate is tested for an airborne communicable disease, as  determined by the Illinois Department of Public Health including but not  limited to tuberculosis, the results of the test shall be  personally delivered by the warden or his or her designee in a sealed envelope  to the judge of the court in which the inmate must appear for the judge's  inspection in camera if requested by the judge.  Acting in accordance with the  best interests of those in the courtroom, the judge shall have the discretion  to determine what if any precautions need to be taken to prevent transmission  of the disease in the courtroom.(h) Whenever a defendant is convicted of an offense under Section 1 or 2  of the Hypodermic Syringes and Needles Act, the defendant shall undergo  medical testing to determine whether the defendant has been exposed to human  immunodeficiency virus (HIV) or any other identified causative agent of  acquired immunodeficiency syndrome (AIDS).  Except as otherwise provided by  law, the results of such test shall be kept strictly confidential by all  medical personnel involved in the testing and must be personally delivered in a  sealed envelope to the judge of the court in which the conviction was entered  for the judge's inspection in camera.  Acting in accordance with the best  interests of the public, the judge shall have the discretion to determine to  whom, if anyone, the results of the testing may be revealed. The court shall  notify the defendant of a positive test showing an infection with the human  immunodeficiency virus (HIV). The court shall provide information on the  availability of HIV testing and counseling at Department of Public Health  facilities to all parties to whom the results of the testing are revealed and  shall direct the State's Attorney to provide the information to the victim when  possible. A State's Attorney may petition the court to obtain the results of  any HIV test administered under this  Section, and the court shall grant the  disclosure if the State's Attorney shows it is relevant in order to prosecute a  charge of criminal transmission of HIV under Section 12-5.01 or 12-16.2 of the Criminal  Code of 1961 or the Criminal Code of 2012 against the defendant. The court shall order that the cost of any  such test shall be paid by the county and may be taxed as costs against the  convicted defendant.(i) All fines and penalties imposed under this Section for any violation  of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar  provision of a local ordinance, and any violation  of the Child Passenger Protection Act, or a similar provision of a local  ordinance, shall be collected and disbursed by the circuit  clerk as provided under the Criminal and Traffic Assessment Act.(j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,  11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,  11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or  12-16 of the  Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,   any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a  disposition of court supervision, or an order of probation granted under  Section 10 of the Cannabis Control Act, Section 410 of the Illinois  Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the  defendant is employed by a facility or center as defined under the Child Care  Act of 1969, a public or private elementary or secondary school, or otherwise  works with children under 18 years of age on a daily basis.  When a defendant  is so employed, the court shall order the Clerk of the Court to send a copy of  the judgment of conviction or order of supervision or probation to the  defendant's employer by certified mail.  If the employer of the defendant is a school, the Clerk of the Court shall  direct the mailing of a copy of the judgment of conviction or order of  supervision or probation to the appropriate regional superintendent of schools.   The regional superintendent of schools shall notify the State Board of  Education of any notification under this subsection.(j-5) A defendant at least 17 years of age who is convicted of a felony and  who has not been previously convicted of a misdemeanor or felony and who is  sentenced to a term of imprisonment in the Illinois Department of Corrections  shall as a condition of his or her sentence be required by the court to attend  educational courses designed to prepare the defendant for a high school diploma  and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward  completing a vocational training program offered by the Department of  Corrections.  If a defendant fails to complete the educational training  required by his or her sentence during the term of incarceration, the Prisoner  Review Board shall, as a condition of mandatory supervised release, require the  defendant, at his or her own expense, to pursue a course of study toward a high  school diploma or passage of high school equivalency testing.  The Prisoner Review Board shall  revoke the mandatory supervised release of a defendant who wilfully fails to  comply with this subsection (j-5) upon his or her release from confinement in a  penal institution while serving a mandatory supervised release term; however,  the inability of the defendant after making a good faith effort to obtain  financial aid or pay for the educational training shall not be deemed a wilful  failure to comply.  The Prisoner Review Board shall recommit the defendant  whose mandatory supervised release term has been revoked under this subsection  (j-5) as provided in Section 3-3-9.  This subsection (j-5) does not apply to a  defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by  the court to be a person with a developmental disability or otherwise mentally incapable of  completing the educational or vocational program.(k) (Blank).(l) (A) Except as provided  in paragraph (C) of subsection (l), whenever a defendant,  who is an alien as defined by the Immigration and Nationality Act, is convicted  of any felony or misdemeanor offense, the court after sentencing the defendant  may, upon motion of the State's Attorney, hold sentence in abeyance and remand  the defendant to the custody of the Attorney General of  the United States or his or her designated agent to be deported when:(1) a final order of deportation has been issued     against the defendant pursuant to proceedings under the Immigration and Nationality Act, and(2) the deportation of the defendant would not     deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.Otherwise, the defendant shall be sentenced as provided in this Chapter V.(B) If the defendant has already been sentenced for a felony or  misdemeanor  offense, or has been placed on probation under Section 10 of the Cannabis  Control Act,    Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court  may, upon motion of the State's Attorney to suspend the  sentence imposed, commit the defendant to the custody of the Attorney General  of the United States or his or her designated agent when:(1) a final order of deportation has been issued     against the defendant pursuant to proceedings under the Immigration and Nationality Act, and(2) the deportation of the defendant would not     deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.(C) This subsection (l) does not apply to offenders who are subject to the  provisions of paragraph (2) of subsection (a) of Section 3-6-3.(D) Upon motion of the State's Attorney, if a defendant sentenced under  this Section returns to the jurisdiction of the United States, the defendant  shall be recommitted to the custody of the county from which he or she was  sentenced.  Thereafter, the defendant shall be brought before the sentencing court, which  may impose any sentence that was available under Section 5-5-3 at the time of  initial sentencing.  In addition, the defendant shall not be eligible for  additional earned sentence credit as provided under  Section 3-6-3.(m) A person convicted of criminal defacement of property under Section  21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300  and the property damaged is a school building, shall be ordered to perform  community service that may include cleanup, removal, or painting over the  defacement.(n) The court may sentence a person convicted of a violation of Section  12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact  incarceration program if the person is otherwise eligible for that program  under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined  in the Substance Use Disorder Act, to a treatment program  licensed under that Act.(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an  annual basis in accordance with the provisions of license renewal established by the Secretary of State.    (Source: P.A. 101-81, eff. 7-12-19; 102-531, eff. 1-1-22.)