Rep. Carol Ammons

Filed: 4/8/2021

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1 AMENDMENT TO HOUSE BILL 1063

2 AMENDMENT NO. ______. Amend House Bill 1063 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The AIDS Confidentiality Act is amended by

5 changing Section 9 as follows:

6 (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)

7 Sec. 9. (1) No person may disclose or be compelled to

8 disclose HIV-related information, except to the following

9 persons:

10 (a) The subject of an HIV test or the subject's

11 legally authorized representative. A physician may notify

12 the spouse or civil union partner of the test subject, if

13 the test result is positive and has been confirmed

14 pursuant to rules adopted by the Department, provided that

15 the physician has first sought unsuccessfully to persuade

16 the patient to notify the spouse or civil union partner or

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1 that, a reasonable time after the patient has agreed to

2 make the notification, the physician has reason to believe

3 that the patient has not provided the notification. This

4 paragraph shall not create a duty or obligation under

5 which a physician must notify the spouse or civil union

6 partner of the test results, nor shall such duty or

7 obligation be implied. No civil liability or criminal

8 sanction under this Act shall be imposed for any

9 disclosure or non-disclosure of a test result to a spouse

10 or civil union partner by a physician acting in good faith

11 under this paragraph. For the purpose of any proceedings,

12 civil or criminal, the good faith of any physician acting

13 under this paragraph shall be presumed.

14 (b) Any person designated in a legally effective

15 authorization for release of the HIV-related information

16 executed by the subject of the HIV-related information or

17 the subject's legally authorized representative.

18 (c) An authorized agent or employee of a health

19 facility or health care provider if the health facility or

20 health care provider itself is authorized to obtain the

21 test results, the agent or employee provides patient care

22 or handles or processes specimens of body fluids or

23 tissues, and the agent or employee has a need to know such

24 information.

25 (d) The Department and local health authorities

26 serving a population of over 1,000,000 residents or other

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1 local health authorities as designated by the Department,

2 in accordance with rules for reporting, preventing, and

3 controlling the spread of disease and the conduct of

4 public health surveillance, public health investigations,

5 and public health interventions, as otherwise provided by

6 State law. The Department, local health authorities, and

7 authorized representatives shall not disclose HIV test

8 results and HIV-related information, publicly or in any

9 action of any kind in any court or before any tribunal,

10 board, or agency. HIV test results and HIV-related

11 information shall be protected from disclosure in

12 accordance with the provisions of Sections 8-2101 through

13 8-2105 of the Code of Civil Procedure.

14 (e) A health facility, health care provider, or health

15 care professional which procures, processes, distributes

16 or uses: (i) a human body part from a deceased person with

17 respect to medical information regarding that person; or

18 (ii) semen provided prior to the effective date of this

19 Act for the purpose of artificial insemination.

20 (f) Health facility staff committees for the purposes

21 of conducting program monitoring, program evaluation or

22 service reviews.

23 (f-5) (Blank). ~~A court in accordance with the~~

24 ~~provisions of Section 12-5.01 of the Criminal Code of~~

25 ~~2012.~~

26 (g) (Blank).

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1 (h) Any health care provider, health care

2 professional, or employee of a health facility, and any

3 firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,

4 involved in an accidental direct skin or mucous membrane

5 contact with the blood or bodily fluids of an individual

6 which is of a nature that may transmit HIV, as determined

7 by a physician in his medical judgment.

8 (i) Any law enforcement officer, as defined in

9 subsection (c) of Section 7, involved in the line of duty

10 in a direct skin or mucous membrane contact with the blood

11 or bodily fluids of an individual which is of a nature that

12 may transmit HIV, as determined by a physician in his

13 medical judgment.

14 (j) A temporary caretaker of a child taken into

15 temporary protective custody by the Department of Children

16 and Family Services pursuant to Section 5 of the Abused

17 and Neglected Child Reporting Act, as now or hereafter

18 amended.

19 (k) In the case of a minor under 18 years of age whose

20 test result is positive and has been confirmed pursuant to

21 rules adopted by the Department, the health care

22 professional who ordered the test shall make a reasonable

23 effort to notify the minor's parent or legal guardian if,

24 in the professional judgment of the health care

25 professional, notification would be in the best interest

26 of the child and the health care professional has first

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1 sought unsuccessfully to persuade the minor to notify the

2 parent or legal guardian or a reasonable time after the

3 minor has agreed to notify the parent or legal guardian,

4 the health care professional has reason to believe that

5 the minor has not made the notification. This subsection

6 shall not create a duty or obligation under which a health

7 care professional must notify the minor's parent or legal

8 guardian of the test results, nor shall a duty or

9 obligation be implied. No civil liability or criminal

10 sanction under this Act shall be imposed for any

11 notification or non-notification of a minor's test result

12 by a health care professional acting in good faith under

13 this subsection. For the purpose of any proceeding, civil

14 or criminal, the good faith of any health care

15 professional acting under this subsection shall be

16 presumed.

17 (2) All information and records held by a State agency,

18 local health authority, or health oversight agency pertaining

19 to HIV-related information shall be strictly confidential and

20 exempt from copying and inspection under the Freedom of

21 Information Act. The information and records shall not be

22 released or made public by the State agency, local health

23 authority, or health oversight agency, shall not be admissible

24 as evidence nor discoverable in any action of any kind in any

25 court or before any tribunal, board, agency, or person, and

26 shall be treated in the same manner as the information and

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1 those records subject to the provisions of Part 21 of Article

2 VIII of the Code of Civil Procedure, except under the

3 following circumstances:

4 (A) when made with the written consent of all persons

5 to whom the information pertains; or

6 (B) when authorized by Section 5-4-3 of the Unified

7 Code of Corrections.

8 Disclosure shall be limited to those who have a need to

9 know the information, and no additional disclosures may be

10 made.

11 (Source: P.A. 98-973, eff. 8-15-14; 98-1046, eff. 1-1-15;

12 99-54, eff. 1-1-16; 99-78, eff. 7-20-15.)

13 Section 10. The Illinois Sexually Transmissible Disease

14 Control Act is amended by changing Section 5.5 as follows:

15 (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)

16 Sec. 5.5. Risk assessment.

17 (a) Whenever the Department receives a report of HIV

18 infection or AIDS pursuant to this Act and the Department

19 determines that the subject of the report may present or may

20 have presented a possible risk of HIV transmission, the

21 Department shall, when medically appropriate, investigate the

22 subject of the report and that person's contacts as defined in

23 subsection (c), to assess the potential risks of transmission.

24 Any investigation and action shall be conducted in a timely

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1 fashion. All contacts other than those defined in subsection

2 (c) shall be investigated in accordance with Section 5 of this

3 Act.

4 (b) If the Department determines that there is or may have

5 been potential risks of HIV transmission from the subject of

6 the report to other persons, the Department shall afford the

7 subject the opportunity to submit any information and comment

8 on proposed actions the Department intends to take with

9 respect to the subject's contacts who are at potential risk of

10 transmission of HIV prior to notification of the subject's

11 contacts. The Department shall also afford the subject of the

12 report the opportunity to notify the subject's contacts in a

13 timely fashion who are at potential risk of transmission of

14 HIV prior to the Department taking any steps to notify such

15 contacts. If the subject declines to notify such contacts or

16 if the Department determines the notices to be inadequate or

17 incomplete, the Department shall endeavor to notify such other

18 persons of the potential risk, and offer testing and

19 counseling services to these individuals. When the contacts

20 are notified, they shall be informed of the disclosure

21 provisions of the AIDS Confidentiality Act and the penalties

22 therein and this Section.

23 (c) Contacts investigated under this Section shall in the

24 case of HIV infection include (i) individuals who have

25 undergone invasive procedures performed by an HIV infected

26 health care provider and (ii) health care providers who have

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1 performed invasive procedures for persons infected with HIV,

2 provided the Department has determined that there is or may

3 have been potential risk of HIV transmission from the health

4 care provider to those individuals or from infected persons to

5 health care providers. The Department shall have access to the

6 subject's records to review for the identity of contacts. The

7 subject's records shall not be copied or seized by the

8 Department.

9 For purposes of this subsection, the term "invasive

10 procedures" means those procedures termed invasive by the

11 Centers for Disease Control in current guidelines or

12 recommendations for the prevention of HIV transmission in

13 health care settings, and the term "health care provider"

14 means any physician, dentist, podiatric physician, advanced

15 practice registered nurse, physician assistant, nurse, or

16 other person providing health care services of any kind.

17 (d) All information and records held by the Department and

18 local health authorities pertaining to activities conducted

19 pursuant to this Section shall be strictly confidential and

20 exempt from copying and inspection under the Freedom of

21 Information Act. Such information and records shall not be

22 released or made public by the Department or local health

23 authorities, and shall not be admissible as evidence, nor

24 discoverable in any action of any kind in any court or before

25 any tribunal, board, agency or person and shall be treated in

26 the same manner as the information and those records subject

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1 to the provisions of Part 21 of Article VIII of the Code of

2 Civil Procedure except under the following circumstances:

3 (1) When made with the written consent of all persons

4 to whom this information pertains;

5 (2) (Blank) ~~When authorized under Section 8 to be~~

6 ~~released under court order or subpoena pursuant to Section~~

7 ~~12-5.01 or 12-16.2 of the Criminal Code of 1961 or the~~

8 ~~Criminal Code of 2012~~; or

9 (3) When made by the Department for the purpose of

10 seeking a warrant authorized by Sections 6 and 7 of this

11 Act. Such disclosure shall conform to the requirements of

12 subsection (a) of Section 8 of this Act.

13 (e) Any person who knowingly or maliciously disseminates

14 any information or report concerning the existence of any

15 disease under this Section is guilty of a Class A misdemeanor.

16 (Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)

17 Section 15. The Illinois Vehicle Code is amended by

18 changing Sections 6-106.1 and 6-508 as follows:

19 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

20 Sec. 6-106.1. School bus driver permit.

21 (a) The Secretary of State shall issue a school bus driver

22 permit to those applicants who have met all the requirements

23 of the application and screening process under this Section to

24 insure the welfare and safety of children who are transported

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1 on school buses throughout the State of Illinois. Applicants

2 shall obtain the proper application required by the Secretary

3 of State from their prospective or current employer and submit

4 the completed application to the prospective or current

5 employer along with the necessary fingerprint submission as

6 required by the Department of State Police to conduct

7 fingerprint based criminal background checks on current and

8 future information available in the state system and current

9 information available through the Federal Bureau of

10 Investigation's system. Applicants who have completed the

11 fingerprinting requirements shall not be subjected to the

12 fingerprinting process when applying for subsequent permits or

13 submitting proof of successful completion of the annual

14 refresher course. Individuals who on July 1, 1995 (the

15 effective date of Public Act 88-612) possess a valid school

16 bus driver permit that has been previously issued by the

17 appropriate Regional School Superintendent are not subject to

18 the fingerprinting provisions of this Section as long as the

19 permit remains valid and does not lapse. The applicant shall

20 be required to pay all related application and fingerprinting

21 fees as established by rule including, but not limited to, the

22 amounts established by the Department of State Police and the

23 Federal Bureau of Investigation to process fingerprint based

24 criminal background investigations. All fees paid for

25 fingerprint processing services under this Section shall be

26 deposited into the State Police Services Fund for the cost

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1 incurred in processing the fingerprint based criminal

2 background investigations. All other fees paid under this

3 Section shall be deposited into the Road Fund for the purpose

4 of defraying the costs of the Secretary of State in

5 administering this Section. All applicants must:

6 1. be 21 years of age or older;

7 2. possess a valid and properly classified driver's

8 license issued by the Secretary of State;

9 3. possess a valid driver's license, which has not

10 been revoked, suspended, or canceled for 3 years

11 immediately prior to the date of application, or have not

12 had his or her commercial motor vehicle driving privileges

13 disqualified within the 3 years immediately prior to the

14 date of application;

15 4. successfully pass a written test, administered by

16 the Secretary of State, on school bus operation, school

17 bus safety, and special traffic laws relating to school

18 buses and submit to a review of the applicant's driving

19 habits by the Secretary of State at the time the written

20 test is given;

21 5. demonstrate ability to exercise reasonable care in

22 the operation of school buses in accordance with rules

23 promulgated by the Secretary of State;

24 6. demonstrate physical fitness to operate school

25 buses by submitting the results of a medical examination,

26 including tests for drug use for each applicant not

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1 subject to such testing pursuant to federal law, conducted

2 by a licensed physician, a licensed advanced practice

3 registered nurse, or a licensed physician assistant within

4 90 days of the date of application according to standards

5 promulgated by the Secretary of State;

6 7. affirm under penalties of perjury that he or she

7 has not made a false statement or knowingly concealed a

8 material fact in any application for permit;

9 8. have completed an initial classroom course,

10 including first aid procedures, in school bus driver

11 safety as promulgated by the Secretary of State; and after

12 satisfactory completion of said initial course an annual

13 refresher course; such courses and the agency or

14 organization conducting such courses shall be approved by

15 the Secretary of State; failure to complete the annual

16 refresher course, shall result in cancellation of the

17 permit until such course is completed;

18 9. not have been under an order of court supervision

19 for or convicted of 2 or more serious traffic offenses, as

20 defined by rule, within one year prior to the date of

21 application that may endanger the life or safety of any of

22 the driver's passengers within the duration of the permit

23 period;

24 10. not have been under an order of court supervision

25 for or convicted of reckless driving, aggravated reckless

26 driving, driving while under the influence of alcohol,

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1 other drug or drugs, intoxicating compound or compounds or

2 any combination thereof, or reckless homicide resulting

3 from the operation of a motor vehicle within 3 years of the

4 date of application;

5 11. not have been convicted of committing or

6 attempting to commit any one or more of the following

7 offenses: (i) those offenses defined in Sections 8-1,

8 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,

9 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,

10 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,

11 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,

12 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,

13 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,

14 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,

15 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,

16 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,

17 12-4.7, 12-4.9,~~12-5.01,~~ 12-5.3, 12-6, 12-6.2, 12-7.1,

18 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,

19 12-15, 12-16, ~~12-16.2,~~ 12-21.5, 12-21.6, 12-33, 12C-5,

20 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,

21 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

22 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,

23 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,

24 33A-2, and 33D-1, in subsection (A), clauses (a) and (b),

25 of Section 24-3, and those offenses contained in Article

26 29D of the Criminal Code of 1961 or the Criminal Code of

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1 2012; (ii) those offenses defined in the Cannabis Control

2 Act except those offenses defined in subsections (a) and

3 (b) of Section 4, and subsection (a) of Section 5 of the

4 Cannabis Control Act; (iii) those offenses defined in the

5 Illinois Controlled Substances Act; (iv) those offenses

6 defined in the Methamphetamine Control and Community

7 Protection Act; and (v) any offense committed or attempted

8 in any other state or against the laws of the United

9 States, which if committed or attempted in this State

10 would be punishable as one or more of the foregoing

11 offenses; (vi) the offenses defined in Section 4.1 and 5.1

12 of the Wrongs to Children Act or Section 11-9.1A of the

13 Criminal Code of 1961 or the Criminal Code of 2012; (vii)

14 those offenses defined in Section 6-16 of the Liquor

15 Control Act of 1934; and (viii) those offenses defined in

16 the Methamphetamine Precursor Control Act;

17 12. not have been repeatedly involved as a driver in

18 motor vehicle collisions or been repeatedly convicted of

19 offenses against laws and ordinances regulating the

20 movement of traffic, to a degree which indicates lack of

21 ability to exercise ordinary and reasonable care in the

22 safe operation of a motor vehicle or disrespect for the

23 traffic laws and the safety of other persons upon the

24 highway;

25 13. not have, through the unlawful operation of a

26 motor vehicle, caused an accident resulting in the death

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1 of any person;

2 14. not have, within the last 5 years, been adjudged

3 to be afflicted with or suffering from any mental

4 disability or disease;

5 15. consent, in writing, to the release of results of

6 reasonable suspicion drug and alcohol testing under

7 Section 6-106.1c of this Code by the employer of the

8 applicant to the Secretary of State; and

9 16. not have been convicted of committing or

10 attempting to commit within the last 20 years: (i) an

11 offense defined in subsection (c) of Section 4, subsection

12 (b) of Section 5, and subsection (a) of Section 8 of the

13 Cannabis Control Act; or (ii) any offenses in any other

14 state or against the laws of the United States that, if

15 committed or attempted in this State, would be punishable

16 as one or more of the foregoing offenses.

17 (b) A school bus driver permit shall be valid for a period

18 specified by the Secretary of State as set forth by rule. It

19 shall be renewable upon compliance with subsection (a) of this

20 Section.

21 (c) A school bus driver permit shall contain the holder's

22 driver's license number, legal name, residence address, zip

23 code, and date of birth, a brief description of the holder and

24 a space for signature. The Secretary of State may require a

25 suitable photograph of the holder.

26 (d) The employer shall be responsible for conducting a

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1 pre-employment interview with prospective school bus driver

2 candidates, distributing school bus driver applications and

3 medical forms to be completed by the applicant, and submitting

4 the applicant's fingerprint cards to the Department of State

5 Police that are required for the criminal background

6 investigations. The employer shall certify in writing to the

7 Secretary of State that all pre-employment conditions have

8 been successfully completed including the successful

9 completion of an Illinois specific criminal background

10 investigation through the Department of State Police and the

11 submission of necessary fingerprints to the Federal Bureau of

12 Investigation for criminal history information available

13 through the Federal Bureau of Investigation system. The

14 applicant shall present the certification to the Secretary of

15 State at the time of submitting the school bus driver permit

16 application.

17 (e) Permits shall initially be provisional upon receiving

18 certification from the employer that all pre-employment

19 conditions have been successfully completed, and upon

20 successful completion of all training and examination

21 requirements for the classification of the vehicle to be

22 operated, the Secretary of State shall provisionally issue a

23 School Bus Driver Permit. The permit shall remain in a

24 provisional status pending the completion of the Federal

25 Bureau of Investigation's criminal background investigation

26 based upon fingerprinting specimens submitted to the Federal

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1 Bureau of Investigation by the Department of State Police. The

2 Federal Bureau of Investigation shall report the findings

3 directly to the Secretary of State. The Secretary of State

4 shall remove the bus driver permit from provisional status

5 upon the applicant's successful completion of the Federal

6 Bureau of Investigation's criminal background investigation.

7 (f) A school bus driver permit holder shall notify the

8 employer and the Secretary of State if he or she is issued an

9 order of court supervision for or convicted in another state

10 of an offense that would make him or her ineligible for a

11 permit under subsection (a) of this Section. The written

12 notification shall be made within 5 days of the entry of the

13 order of court supervision or conviction. Failure of the

14 permit holder to provide the notification is punishable as a

15 petty offense for a first violation and a Class B misdemeanor

16 for a second or subsequent violation.

17 (g) Cancellation; suspension; notice and procedure.

18 (1) The Secretary of State shall cancel a school bus

19 driver permit of an applicant whose criminal background

20 investigation discloses that he or she is not in

21 compliance with the provisions of subsection (a) of this

22 Section.

23 (2) The Secretary of State shall cancel a school bus

24 driver permit when he or she receives notice that the

25 permit holder fails to comply with any provision of this

26 Section or any rule promulgated for the administration of

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1 this Section.

2 (3) The Secretary of State shall cancel a school bus

3 driver permit if the permit holder's restricted commercial

4 or commercial driving privileges are withdrawn or

5 otherwise invalidated.

6 (4) The Secretary of State may not issue a school bus

7 driver permit for a period of 3 years to an applicant who

8 fails to obtain a negative result on a drug test as

9 required in item 6 of subsection (a) of this Section or

10 under federal law.

11 (5) The Secretary of State shall forthwith suspend a

12 school bus driver permit for a period of 3 years upon

13 receiving notice that the holder has failed to obtain a

14 negative result on a drug test as required in item 6 of

15 subsection (a) of this Section or under federal law.

16 (6) The Secretary of State shall suspend a school bus

17 driver permit for a period of 3 years upon receiving

18 notice from the employer that the holder failed to perform

19 the inspection procedure set forth in subsection (a) or

20 (b) of Section 12-816 of this Code.

21 (7) The Secretary of State shall suspend a school bus

22 driver permit for a period of 3 years upon receiving

23 notice from the employer that the holder refused to submit

24 to an alcohol or drug test as required by Section 6-106.1c

25 or has submitted to a test required by that Section which

26 disclosed an alcohol concentration of more than 0.00 or

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1 disclosed a positive result on a National Institute on

2 Drug Abuse five-drug panel, utilizing federal standards

3 set forth in 49 CFR 40.87.

4 The Secretary of State shall notify the State

5 Superintendent of Education and the permit holder's

6 prospective or current employer that the applicant has (1) has

7 failed a criminal background investigation or (2) is no longer

8 eligible for a school bus driver permit; and of the related

9 cancellation of the applicant's provisional school bus driver

10 permit. The cancellation shall remain in effect pending the

11 outcome of a hearing pursuant to Section 2-118 of this Code.

12 The scope of the hearing shall be limited to the issuance

13 criteria contained in subsection (a) of this Section. A

14 petition requesting a hearing shall be submitted to the

15 Secretary of State and shall contain the reason the individual

16 feels he or she is entitled to a school bus driver permit. The

17 permit holder's employer shall notify in writing to the

18 Secretary of State that the employer has certified the removal

19 of the offending school bus driver from service prior to the

20 start of that school bus driver's next workshift. An employing

21 school board that fails to remove the offending school bus

22 driver from service is subject to the penalties defined in

23 Section 3-14.23 of the School Code. A school bus contractor

24 who violates a provision of this Section is subject to the

25 penalties defined in Section 6-106.11.

26 All valid school bus driver permits issued under this

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1 Section prior to January 1, 1995, shall remain effective until

2 their expiration date unless otherwise invalidated.

3 (h) When a school bus driver permit holder who is a service

4 member is called to active duty, the employer of the permit

5 holder shall notify the Secretary of State, within 30 days of

6 notification from the permit holder, that the permit holder

7 has been called to active duty. Upon notification pursuant to

8 this subsection, (i) the Secretary of State shall characterize

9 the permit as inactive until a permit holder renews the permit

10 as provided in subsection (i) of this Section, and (ii) if a

11 permit holder fails to comply with the requirements of this

12 Section while called to active duty, the Secretary of State

13 shall not characterize the permit as invalid.

14 (i) A school bus driver permit holder who is a service

15 member returning from active duty must, within 90 days, renew

16 a permit characterized as inactive pursuant to subsection (h)

17 of this Section by complying with the renewal requirements of

18 subsection (b) of this Section.

19 (j) For purposes of subsections (h) and (i) of this

20 Section:

21 "Active duty" means active duty pursuant to an executive

22 order of the President of the United States, an act of the

23 Congress of the United States, or an order of the Governor.

24 "Service member" means a member of the Armed Services or

25 reserve forces of the United States or a member of the Illinois

26 National Guard.

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1 (k) A private carrier employer of a school bus driver

2 permit holder, having satisfied the employer requirements of

3 this Section, shall be held to a standard of ordinary care for

4 intentional acts committed in the course of employment by the

5 bus driver permit holder. This subsection (k) shall in no way

6 limit the liability of the private carrier employer for

7 violation of any provision of this Section or for the

8 negligent hiring or retention of a school bus driver permit

9 holder.

10 (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)

11 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)

12 Sec. 6-508. Commercial Driver's License (CDL) -

13 qualification standards.

14 (a) Testing.

15 (1) General. No person shall be issued an original or

16 renewal CDL unless that person is domiciled in this State

17 or is applying for a non-domiciled CDL under Sections

18 6-509 and 6-510 of this Code. The Secretary shall cause to

19 be administered such tests as the Secretary deems

20 necessary to meet the requirements of 49 C.F.R. Part 383,

21 subparts F, G, H, and J.

22 (1.5) Effective July 1, 2014, no person shall be

23 issued an original CDL or an upgraded CDL that requires a

24 skills test unless that person has held a CLP, for a

25 minimum of 14 calendar days, for the classification of

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LRB102 03076 KMF 24839 a

1 vehicle and endorsement, if any, for which the person is

2 seeking a CDL.

3 (2) Third party testing. The Secretary of State may

4 authorize a "third party tester", pursuant to 49 C.F.R.

5 383.75 and 49 C.F.R. 384.228 and 384.229, to administer

6 the skills test or tests specified by the Federal Motor

7 Carrier Safety Administration pursuant to the Commercial

8 Motor Vehicle Safety Act of 1986 and any appropriate

9 federal rule.

10 (3)(i) Effective February 7, 2020, unless the person

11 is exempted by 49 CFR 380.603, no person shall be issued an

12 original (first time issuance) CDL, an upgraded CDL or a

13 school bus (S), passenger (P), or hazardous Materials (H)

14 endorsement unless the person has successfully completed

15 entry-level driver training (ELDT) taught by a training

16 provider listed on the federal Training Provider Registry.

17 (ii) Persons who obtain a CLP before February 7, 2020

18 are not required to complete ELDT if the person obtains a

19 CDL before the CLP or renewed CLP expires.

20 (iii) Except for persons seeking the H endorsement,

21 persons must complete the theory and behind-the-wheel

22 (range and public road) portions of ELDT within one year

23 of completing the first portion.

24 (iv) The Secretary shall adopt rules to implement this

25 subsection.

26 (b) Waiver of Skills Test. The Secretary of State may

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1 waive the skills test specified in this Section for a driver

2 applicant for a commercial driver license who meets the

3 requirements of 49 C.F.R. 383.77. The Secretary of State shall

4 waive the skills tests specified in this Section for a driver

5 applicant who has military commercial motor vehicle

6 experience, subject to the requirements of 49 C.F.R. 383.77.

7 (b-1) No person shall be issued a CDL unless the person

8 certifies to the Secretary one of the following types of

9 driving operations in which he or she will be engaged:

10 (1) non-excepted interstate;

11 (2) non-excepted intrastate;

12 (3) excepted interstate; or

13 (4) excepted intrastate.

14 (b-2) (Blank).

15 (c) Limitations on issuance of a CDL. A CDL shall not be

16 issued to a person while the person is subject to a

17 disqualification from driving a commercial motor vehicle, or

18 unless otherwise permitted by this Code, while the person's

19 driver's license is suspended, revoked or cancelled in any

20 state, or any territory or province of Canada; nor may a CLP or

21 CDL be issued to a person who has a CLP or CDL issued by any

22 other state, or foreign jurisdiction, nor may a CDL be issued

23 to a person who has an Illinois CLP unless the person first

24 surrenders all of these licenses or permits. However, a person

25 may hold an Illinois CLP and an Illinois CDL providing the CLP

26 is necessary to train or practice for an endorsement or

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LRB102 03076 KMF 24839 a

1 vehicle classification not present on the current CDL. No CDL

2 shall be issued to or renewed for a person who does not meet

3 the requirement of 49 CFR 391.41(b)(11). The requirement may

4 be met with the aid of a hearing aid.

5 (c-1) The Secretary may issue a CDL with a school bus

6 driver endorsement to allow a person to drive the type of bus

7 described in subsection (d-5) of Section 6-104 of this Code.

8 The CDL with a school bus driver endorsement may be issued only

9 to a person meeting the following requirements:

10 (1) the person has submitted his or her fingerprints

11 to the Department of State Police in the form and manner

12 prescribed by the Department of State Police. These

13 fingerprints shall be checked against the fingerprint

14 records now and hereafter filed in the Department of State

15 Police and Federal Bureau of Investigation criminal

16 history records databases;

17 (2) the person has passed a written test, administered

18 by the Secretary of State, on charter bus operation,

19 charter bus safety, and certain special traffic laws

20 relating to school buses determined by the Secretary of

21 State to be relevant to charter buses, and submitted to a

22 review of the driver applicant's driving habits by the

23 Secretary of State at the time the written test is given;

24 (3) the person has demonstrated physical fitness to

25 operate school buses by submitting the results of a

26 medical examination, including tests for drug use; and

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1 (4) the person has not been convicted of committing or

2 attempting to commit any one or more of the following

3 offenses: (i) those offenses defined in Sections 8-1.2,

4 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,

5 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,

6 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

7 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

8 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,

9 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

10 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,

11 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,

12 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,

13 ~~12-5.01,~~12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,

14 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,~~12-16.2,~~

15 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

16 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,

17 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,

18 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,

19 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in

20 subsection (b) of Section 8-1, and in subdivisions (a)(1),

21 (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)

22 of Section 12-3.05, and in subsection (a) and subsection

23 (b), clause (1), of Section 12-4, and in subsection (A),

24 clauses (a) and (b), of Section 24-3, and those offenses

25 contained in Article 29D of the Criminal Code of 1961 or

26 the Criminal Code of 2012; (ii) those offenses defined in

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1 the Cannabis Control Act except those offenses defined in

2 subsections (a) and (b) of Section 4, and subsection (a)

3 of Section 5 of the Cannabis Control Act; (iii) those

4 offenses defined in the Illinois Controlled Substances

5 Act; (iv) those offenses defined in the Methamphetamine

6 Control and Community Protection Act; (v) any offense

7 committed or attempted in any other state or against the

8 laws of the United States, which if committed or attempted

9 in this State would be punishable as one or more of the

10 foregoing offenses; (vi) the offenses defined in Sections

11 4.1 and 5.1 of the Wrongs to Children Act or Section

12 11-9.1A of the Criminal Code of 1961 or the Criminal Code

13 of 2012; (vii) those offenses defined in Section 6-16 of

14 the Liquor Control Act of 1934; and (viii) those offenses

15 defined in the Methamphetamine Precursor Control Act.

16 The Department of State Police shall charge a fee for

17 conducting the criminal history records check, which shall be

18 deposited into the State Police Services Fund and may not

19 exceed the actual cost of the records check.

20 (c-2) The Secretary shall issue a CDL with a school bus

21 endorsement to allow a person to drive a school bus as defined

22 in this Section. The CDL shall be issued according to the

23 requirements outlined in 49 C.F.R. 383. A person may not

24 operate a school bus as defined in this Section without a

25 school bus endorsement. The Secretary of State may adopt rules

26 consistent with Federal guidelines to implement this

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1 subsection (c-2).

2 (d) (Blank).

3 (Source: P.A. 101-185, eff. 1-1-20.)

4 Section 20. The Criminal Code of 2012 is amended by

5 changing Section 11-9.1 as follows:

6 (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)

7 Sec. 11-9.1. Sexual exploitation of a child.

8 (a) A person commits sexual exploitation of a child if in

9 the presence or virtual presence, or both, of a child and with

10 knowledge that a child or one whom he or she believes to be a

11 child would view his or her acts, that person:

12 (1) engages in a sexual act; or

13 (2) exposes his or her sex organs, anus or breast for

14 the purpose of sexual arousal or gratification of such

15 person or the child or one whom he or she believes to be a

16 child.

17 (a-5) A person commits sexual exploitation of a child who

18 knowingly entices, coerces, or persuades a child to remove the

19 child's clothing for the purpose of sexual arousal or

20 gratification of the person or the child, or both.

21 (b) Definitions. As used in this Section:

22 "Sexual act" means masturbation, sexual conduct or sexual

23 penetration as defined in Section 11-0.1 of this Code.

24 "Sex offense" means any violation of Article 11 of this

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1 Code ~~or Section 12-5.01 of this Code~~.

2 "Child" means a person under 17 years of age.

3 "Virtual presence" means an environment that is created

4 with software and presented to the user and or receiver via the

5 Internet, in such a way that the user appears in front of the

6 receiver on the computer monitor or screen or hand-held

7 portable electronic device, usually through a web camming

8 program. "Virtual presence" includes primarily experiencing

9 through sight or sound, or both, a video image that can be

10 explored interactively at a personal computer or hand-held

11 communication device, or both.

12 "Webcam" means a video capturing device connected to a

13 computer or computer network that is designed to take digital

14 photographs or live or recorded video which allows for the

15 live transmission to an end user over the Internet.

16 (c) Sentence.

17 (1) Sexual exploitation of a child is a Class A

18 misdemeanor. A second or subsequent violation of this

19 Section or a substantially similar law of another state is

20 a Class 4 felony.

21 (2) Sexual exploitation of a child is a Class 4 felony

22 if the person has been previously convicted of a sex

23 offense.

24 (3) Sexual exploitation of a child is a Class 4 felony

25 if the victim was under 13 years of age at the time of the

26 commission of the offense.

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1 (4) Sexual exploitation of a child is a Class 4 felony

2 if committed by a person 18 years of age or older who is on

3 or within 500 feet of elementary or secondary school

4 grounds when children are present on the grounds.

5 (Source: P.A. 100-863, eff. 8-14-18.)

6 Section 25. The Unified Code of Corrections is amended by

7 changing Section 5-5-3 as follows:

8 (730 ILCS 5/5-5-3)

9 Sec. 5-5-3. Disposition.

10 (a) (Blank).

11 (b) (Blank).

12 (c) (1) (Blank).

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

14 or conditional discharge shall not be imposed for the

15 following offenses. The court shall sentence the offender to

16 not less than the minimum term of imprisonment set forth in

17 this Code for the following offenses, and may order a fine or

18 restitution or both in conjunction with such term of

19 imprisonment:

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

21 imposed.

22 (B) Attempted first degree murder.

23 (C) A Class X felony.

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

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1 Illinois Controlled Substances Act, or a violation of

2 subdivision (c)(1.5) of Section 401 of that Act which

3 relates to more than 5 grams of a substance containing

4 fentanyl or an analog thereof.

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

6 of the Illinois Controlled Substances Act which relates to

7 3 or more grams of a substance containing heroin or an

8 analog thereof.

9 (E) (Blank).

10 (F) A Class 1 or greater felony if the offender had

11 been convicted of a Class 1 or greater felony, including

12 any state or federal conviction for an offense that

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

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

15 the prior Class 1 or greater felony) classified as a Class

16 1 or greater felony, within 10 years of the date on which

17 the offender committed the offense for which he or she is

18 being sentenced, except as otherwise provided in Section

19 40-10 of the Substance Use Disorder Act.

20 (F-3) A Class 2 or greater felony sex offense or

21 felony firearm offense if the offender had been convicted

22 of a Class 2 or greater felony, including any state or

23 federal conviction for an offense that contained, at the

24 time it was committed, the same elements as an offense now

25 (the date of the offense committed after the prior Class 2

26 or greater felony) classified as a Class 2 or greater

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1 felony, within 10 years of the date on which the offender

2 committed the offense for which he or she is being

3 sentenced, except as otherwise provided in Section 40-10

4 of the Substance Use Disorder Act.

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

6 of the Criminal Code of 1961 or the Criminal Code of 2012

7 for which imprisonment is prescribed in those Sections.

8 (G) Residential burglary, except as otherwise provided

9 in Section 40-10 of the Substance Use Disorder Act.

10 (H) Criminal sexual assault.

11 (I) Aggravated battery of a senior citizen as

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

13 Section 12-3.05 of the Criminal Code of 1961 or the

14 Criminal Code of 2012.

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

16 the activities of an organized gang.

17 Before July 1, 1994, for the purposes of this

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

19 more persons, with an established hierarchy, that

20 encourages members of the association to perpetrate crimes

21 or provides support to the members of the association who

22 do commit crimes.

23 Beginning July 1, 1994, for the purposes of this

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

25 in Section 10 of the Illinois Streetgang Terrorism Omnibus

26 Prevention Act.

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1 (K) Vehicular hijacking.

2 (L) A second or subsequent conviction for the offense

3 of hate crime when the underlying offense upon which the

4 hate crime is based is felony aggravated assault or felony

5 mob action.

6 (M) A second or subsequent conviction for the offense

7 of institutional vandalism if the damage to the property

8 exceeds $300.

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

10 subsection (a) of Section 2 of the Firearm Owners

11 Identification Card Act.

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

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

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

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

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

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

18 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

19 Code of 1961 or the Criminal Code of 2012.

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

21 of 1961 or the Criminal Code of 2012.

22 (S) (Blank).

23 (T) (Blank).

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

25 of the Illinois Vehicle Code committed while his or her

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

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

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

3 reckless homicide, or a similar provision of a law of

4 another state.

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

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

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

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

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

10 the defendant has previously been convicted under the laws

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

12 pornography, aggravated child pornography, aggravated

13 criminal sexual abuse, aggravated criminal sexual assault,

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

15 the offenses formerly known as rape, deviate sexual

16 assault, indecent liberties with a child, or aggravated

17 indecent liberties with a child where the victim was under

18 the age of 18 years or an offense that is substantially

19 equivalent to those offenses.

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

21 of 1961 or the Criminal Code of 2012.

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

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

24 (Y) A conviction for unlawful possession of a firearm

25 by a street gang member when the firearm was loaded or

26 contained firearm ammunition.

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

2 serving a term of probation or conditional discharge for a

3 felony.

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

5 exceeding $1,000,000 in value.

6 (BB) Laundering of criminally derived property of a

7 value exceeding $500,000.

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

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

10 counterfeit items having a retail value in the aggregate

11 of $500,000 or more.

12 (DD) A conviction for aggravated assault under

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

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

15 firearm is aimed toward the person against whom the

16 firearm is being used.

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

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

19 2012.

20 (3) (Blank).

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

22 consecutive days or 30 days of community service shall be

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

24 the Illinois Vehicle Code.

25 (4.1) (Blank).

26 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

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

2 service shall be imposed for a second violation of Section

3 6-303 of the Illinois Vehicle Code.

4 (4.3) A minimum term of imprisonment of 30 days or 300

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

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

7 6-303 of the Illinois Vehicle Code.

8 (4.4) Except as provided in paragraphs (4.5), (4.6), and

9 (4.9) of this subsection (c), a minimum term of imprisonment

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

11 the court, shall be imposed for a third or subsequent

12 violation of Section 6-303 of the Illinois Vehicle Code. The

13 court may give credit toward the fulfillment of community

14 service hours for participation in activities and treatment as

15 determined by court services.

16 (4.5) A minimum term of imprisonment of 30 days shall be

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

18 6-303 of the Illinois Vehicle Code.

19 (4.6) Except as provided in paragraph (4.10) of this

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

21 shall be imposed for a fourth or subsequent violation of

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

23 (4.7) A minimum term of imprisonment of not less than 30

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

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

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

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1 of that Section.

2 (4.8) A mandatory prison sentence shall be imposed for a

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

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

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

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

7 release from prison.

8 (4.9) A mandatory prison sentence of not less than 4 and

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

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

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

12 person's driving privileges shall be revoked for the remainder

13 of his or her life.

14 (4.10) A mandatory prison sentence for a Class 1 felony

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

16 extended term sentence, for a fourth or subsequent violation

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

18 Code, as provided in subsection (d-3.5) of that Section. The

19 person's driving privileges shall be revoked for the remainder

20 of his or her life.

21 (5) The court may sentence a corporation or unincorporated

22 association convicted of any offense to:

23 (A) a period of conditional discharge;

24 (B) a fine;

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

26 of this Code.

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1 (5.1) In addition to any other penalties imposed, and

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

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

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

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

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

7 property of another person.

8 (5.2) In addition to any other penalties imposed, and

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

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

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

12 or privileges suspended for at least 180 days but not more than

13 2 years, if the violation resulted in injury to another

14 person.

15 (5.3) In addition to any other penalties imposed, a person

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

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

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

19 resulted in the death of another person.

20 (5.4) In addition to any other penalties imposed, a person

21 convicted of violating Section 3-707 of the Illinois Vehicle

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

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

24 a reinstatement fee of $100.

25 (5.5) In addition to any other penalties imposed, a person

26 convicted of violating Section 3-707 of the Illinois Vehicle

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

2 permit, or privileges were suspended for a previous violation

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

4 permit, or privileges suspended for an additional 6 months

5 after the expiration of the original 3-month suspension and

6 until he or she has paid a reinstatement fee of $100.

7 (6) (Blank).

8 (7) (Blank).

9 (8) (Blank).

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

11 offense of ritualized abuse of a child may be sentenced to a

12 term of natural life imprisonment.

13 (10) (Blank).

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

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

16 upon a person convicted of or placed on supervision for

17 battery when the individual harmed was a sports official or

18 coach at any level of competition and the act causing harm to

19 the sports official or coach occurred within an athletic

20 facility or within the immediate vicinity of the athletic

21 facility at which the sports official or coach was an active

22 participant of the athletic contest held at the athletic

23 facility. For the purposes of this paragraph (11), "sports

24 official" means a person at an athletic contest who enforces

25 the rules of the contest, such as an umpire or referee;

26 "athletic facility" means an indoor or outdoor playing field

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LRB102 03076 KMF 24839 a

1 or recreational area where sports activities are conducted;

2 and "coach" means a person recognized as a coach by the

3 sanctioning authority that conducted the sporting event.

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

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

6 Registration and Safety Act if that person has previously

7 received a disposition of court supervision for a violation of

8 that Section.

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

10 for an assault or aggravated assault when the victim and the

11 offender are family or household members as defined in Section

12 103 of the Illinois Domestic Violence Act of 1986 or convicted

13 of domestic battery or aggravated domestic battery may be

14 required to attend a Partner Abuse Intervention Program under

15 protocols set forth by the Illinois Department of Human

16 Services under such terms and conditions imposed by the court.

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

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

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

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

21 Code which may include evidence of the defendant's life, moral

22 character and occupation during the time since the original

23 sentence was passed. The trial court shall then impose

24 sentence upon the defendant. The trial court may impose any

25 sentence which could have been imposed at the original trial

26 subject to Section 5-5-4 of this Code. If a sentence is vacated

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1 on appeal or on collateral attack due to the failure of the

2 trier of fact at trial to determine beyond a reasonable doubt

3 the existence of a fact (other than a prior conviction)

4 necessary to increase the punishment for the offense beyond

5 the statutory maximum otherwise applicable, either the

6 defendant may be re-sentenced to a term within the range

7 otherwise provided or, if the State files notice of its

8 intention to again seek the extended sentence, the defendant

9 shall be afforded a new trial.

10 (e) In cases where prosecution for aggravated criminal

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

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

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

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

15 consider the safety and welfare of the victim and may impose a

16 sentence of probation only where:

17 (1) the court finds (A) or (B) or both are

18 appropriate:

19 (A) the defendant is willing to undergo a court

20 approved counseling program for a minimum duration of

21 2 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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LRB102 03076 KMF 24839 a

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

11 paying for such services, if the victim was under 18 years

12 of age 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

15 5-6-4; except where the court determines at the hearing that

16 the defendant violated a condition of his or her probation

17 restricting contact with the victim or other family members or

18 commits another offense with the victim or other family

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

20 impose 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

23 11-0.1 of the Criminal Code of 2012.

24 (f) (Blank).

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

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

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1 11-14.3, 11-14.4 except for an offense that involves keeping a

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

3 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

4 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

5 Criminal Code of 2012, the defendant shall undergo medical

6 testing to determine whether the defendant has any sexually

7 transmissible disease, including a test for infection with

8 human immunodeficiency virus (HIV) or any other identified

9 causative agent of acquired immunodeficiency syndrome (AIDS).

10 Any such medical test shall be performed only by appropriately

11 licensed medical practitioners and may include an analysis of

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

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

14 such test shall be kept strictly confidential by all medical

15 personnel involved in the testing and must be personally

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

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

18 camera. Acting in accordance with the best interests of the

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

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

21 revealed. The court shall notify the defendant of the test

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

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

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

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

26 test results. The court shall provide information on the

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1 availability of HIV testing and counseling at Department of

2 Public Health facilities to all parties to whom the results of

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

4 to provide the information to the victim when possible.~~A~~

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

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

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

8 ~~relevant in order to prosecute a charge of criminal~~

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

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

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

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

13 the convicted defendant.

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

15 communicable disease, as determined by the Illinois Department

16 of Public Health including but not limited to tuberculosis,

17 the results of the test shall be personally delivered by the

18 warden or his or her designee in a sealed envelope to the judge

19 of the court in which the inmate must appear for the judge's

20 inspection in camera if requested by the judge. Acting in

21 accordance with the best interests of those in the courtroom,

22 the judge shall have the discretion to determine what if any

23 precautions need to be taken to prevent transmission of the

24 disease in the courtroom.

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

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

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1 defendant shall undergo medical testing to determine whether

2 the defendant has been exposed to human immunodeficiency virus

3 (HIV) or any other identified causative agent of acquired

4 immunodeficiency syndrome (AIDS). Except as otherwise provided

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

6 confidential by all medical personnel involved in the testing

7 and must be personally delivered in a sealed envelope to the

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

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

10 best interests of the public, the judge shall have the

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

12 testing may be revealed. The court shall notify the defendant

13 of a positive test showing an infection with the human

14 immunodeficiency virus (HIV). The court shall provide

15 information on the availability of HIV testing and counseling

16 at Department of Public Health facilities to all parties to

17 whom the results of the testing are revealed and shall direct

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

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

20 ~~obtain the results of any HIV test administered under this~~

21 ~~Section, and the court shall grant the disclosure if the~~

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

23 ~~charge of criminal transmission of HIV under Section 12-5.01~~

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

25 ~~2012 against the defendant.~~ The court shall order that the

26 cost of any such test shall be paid by the county and may be

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1 taxed as costs against the convicted defendant.

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

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

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

5 any violation of the Child Passenger Protection Act, or a

6 similar provision of a local ordinance, shall be collected and

7 disbursed by the circuit clerk as provided under the Criminal

8 and Traffic Assessment Act.

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

10 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

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

12 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

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

14 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

15 Code of 2012, any violation of the Illinois Controlled

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

17 any violation of the Methamphetamine Control and Community

18 Protection Act results in conviction, a disposition of court

19 supervision, or an order of probation granted under Section 10

20 of the Cannabis Control Act, Section 410 of the Illinois

21 Controlled Substances Act, or Section 70 of the

22 Methamphetamine Control and Community Protection Act of a

23 defendant, the court shall determine whether the defendant is

24 employed by a facility or center as defined under the Child

25 Care Act of 1969, a public or private elementary or secondary

26 school, or otherwise works with children under 18 years of age

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1 on a daily basis. When a defendant is so employed, the court

2 shall order the Clerk of the Court to send a copy of the

3 judgment of conviction or order of supervision or probation to

4 the defendant's employer by certified mail. If the employer of

5 the defendant is a school, the Clerk of the Court shall direct

6 the mailing of a copy of the judgment of conviction or order of

7 supervision or probation to the appropriate regional

8 superintendent of schools. The regional superintendent of

9 schools shall notify the State Board of Education of any

10 notification under this subsection.

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

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

13 misdemeanor or felony and who is sentenced to a term of

14 imprisonment in the Illinois Department of Corrections shall

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

16 to attend educational courses designed to prepare the

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

18 school diploma or to work toward passing high school

19 equivalency testing or to work toward completing a vocational

20 training program offered by the Department of Corrections. If

21 a defendant fails to complete the educational training

22 required by his or her sentence during the term of

23 incarceration, the Prisoner Review Board shall, as a condition

24 of mandatory supervised release, require the defendant, at his

25 or her own expense, to pursue a course of study toward a high

26 school diploma or passage of high school equivalency testing.

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1 The Prisoner Review Board shall revoke the mandatory

2 supervised release of a defendant who wilfully fails to comply

3 with this subsection (j-5) upon his or her release from

4 confinement in a penal institution while serving a mandatory

5 supervised release term; however, the inability of the

6 defendant after making a good faith effort to obtain financial

7 aid or pay for the educational training shall not be deemed a

8 wilful failure to comply. The Prisoner Review Board shall

9 recommit the defendant whose mandatory supervised release term

10 has been revoked under this subsection (j-5) as provided in

11 Section 3-3-9. This subsection (j-5) does not apply to a

12 defendant who has a high school diploma or has successfully

13 passed high school equivalency testing. This subsection (j-5)

14 does not apply to a defendant who is determined by the court to

15 be a person with a developmental disability or otherwise

16 mentally incapable of completing the educational or vocational

17 program.

18 (k) (Blank).

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

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

21 Immigration and Nationality Act, is convicted of any felony or

22 misdemeanor offense, the court after sentencing the defendant

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

24 abeyance and remand the defendant to the custody of the

25 Attorney General of the United States or his or her designated

26 agent to be deported when:

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1 (1) a final order of deportation has been issued

2 against the defendant pursuant to proceedings under the

3 Immigration and Nationality Act, and

4 (2) the deportation of the defendant would not

5 deprecate the seriousness of the defendant's conduct and

6 would not be inconsistent with the ends of justice.

7 Otherwise, the defendant shall be sentenced as provided in

8 this Chapter V.

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

10 felony or misdemeanor offense, or has been placed on probation

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

12 the Illinois Controlled Substances Act, or Section 70 of the

13 Methamphetamine Control and Community Protection Act, the

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

15 sentence imposed, commit the defendant to the custody of the

16 Attorney General of the United States or his or her designated

17 agent when:

18 (1) a final order of deportation has been issued

19 against the defendant pursuant to proceedings under the

20 Immigration and Nationality Act, and

21 (2) the deportation of the defendant would not

22 deprecate the seriousness of the defendant's conduct and

23 would not be inconsistent with the ends of justice.

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

25 are subject to the provisions of paragraph (2) of subsection

26 (a) of Section 3-6-3.

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

2 sentenced under this Section returns to the jurisdiction of

3 the United States, the defendant shall be recommitted to the

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

5 Thereafter, the defendant shall be brought before the

6 sentencing court, which may impose any sentence that was

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

8 sentencing. In addition, the defendant shall not be eligible

9 for additional earned sentence credit as provided under

10 Section 3-6-3.

11 (m) A person convicted of criminal defacement of property

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

13 Criminal Code of 2012, in which the property damage exceeds

14 $300 and the property damaged is a school building, shall be

15 ordered to perform community service that may include cleanup,

16 removal, or painting over the defacement.

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

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

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

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

21 incarceration program if the person is otherwise eligible for

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

23 or (iii) if the person has a substance use disorder, as defined

24 in the Substance Use Disorder Act, to a treatment program

25 licensed under that Act.

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

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

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

3 renewal on an annual basis in accordance with the provisions

4 of license renewal established by the Secretary of State.

5 (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;

6 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

7 (720 ILCS 5/12-5.01 rep.)

8 Section 30. The Criminal Code of 2012 is amended by

9 repealing Section 12-5.01.

10 Section 99. Effective date. This Act takes effect upon

11 becoming law.".