HOUSE OF REPRESENTATIVES 8071
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
71ST LEGISLATIVE DAY
TUESDAY, NOVEMBER 30, 1999
1:00 O'CLOCK P.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor Fred Niles with the First Presbyterian Church in
Nashville, Illinois.
Representative Hartke led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Brosnahan, Flowers and
Sharp were excused from attendance.
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Flowers, should
be recorded as present.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson of the Committee on Rules,
reported that the following Legislative Measures have been approved
for consideration - Compliance:
Motion #1 to Accept Amendatory Veto on SENATE BILL 464.
Motion #1 to Accept Amendatory Veto on SENATE BILL 653.
Motion #1 to Accept Amendatory Veto on SENATE BILL 845.
Motion #1 to Accept Amendatory Veto on SENATE BILL 847.
Motion #1 to Accept Amendatory Veto on SENATE BILL 1068.
The foregoing motions were placed on the House Calendar.
That the Bill be reported "approved for consideration" and
referred to the order of Second Reading -- Standard Debate : SENATE
BILLS 851 and 1003.
The committee roll call vote on SENATE BILLS 851 and 1003 are as
8072 JOURNAL OF THE [November 30, 1999]
follows:
3, Yeas; 2, Nays; 0, Answering Present.
Y Currie, Chair N Ryder
Y Hannig N Tenhouse
Y Turner, Art (Hartke)
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Personnel & Pensions: HOUSE BILL 428.
MOTIONS
SUBMITTED
Representative Black submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION
I move to non-concur with Senate Amendments numbered 2, 3 and 5
to HOUSE BILL 2773.
VETO MOTIONS SUBMITTED
Representative Holbrook submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
464, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 464
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 464 as follows:
on page 5, line 31, by inserting after the period the following:
"The Commission shall invest such assets with the care, skill,
prudence, and diligence under the circumstances then prevailing that
a prudent man acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like character
with like aims, and the Commission shall diversify the investments of
such assets so as to minimize the risk of large losses, unless under
the circumstances it is clearly prudent not to do so."; and
on page 8, by inserting immediately below line 3 the following:
"Section 99. Effective date. This Act takes effect January 1,
2000.".
Representative Winkel submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
653, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 653
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 653 on page 14, by replacing line 11 with the
following:
HOUSE OF REPRESENTATIVES 8073
"2000, the Commission's Executive Director shall request the"; and
on page 14, by replacing line 16 with the following:
"2000, the Student Assistance Commission Student Loan Fund is".
Representative Winters submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
1068, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 1068
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1068 as follows:
on page 2 by replacing all of the underlined language in lines 7
through 9 with ", except as permitted by the Code of Federal
Regulations for the taking of waterfowl"; and
on page 3, by replacing all of the underlined language in lines 2 and
3 with "and except as permitted by the Code of Federal Regulations
for the taking of waterfowl".
Representative Hamos submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
451, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 451
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 451 as follows:
on page 2, line 14, by changing "2005" to "2001"; and
on page 2, line 25, by changing "2005" to "2001".
Representative Sommers submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
818, by adoption of the following amendment:
AMENDMENT TO SENATE BILL 818
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 818 on page 18, by inserting after line 4 the
following:
"Section 99. Effective date. This Act takes effect on July 1,
2000.".
Representative Wojcik submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move that the House concur with the Senate in the acceptance of
the Governor's Specific Recommendations for Change to SENATE BILL
1085, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 1085 in manner and form as follows:
AMENDMENT TO SENATE BILL 1085
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1085 on page 1, by replacing line 16 with the
following:
"in a clear and conspicuous manner.".
Representative Saviano submitted the following written motion,
which was placed in the Committee on Rules:
8074 JOURNAL OF THE [November 30, 1999]
MOTION #1
I move that the House concur with the Senate in the passage of
SENATE BILL 812, the Veto of the Governor notwithstanding.
PENSION IMPACT NOTE SUPPLIED
A Pension Impact Note has been supplied for HOUSE BILL 2916.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1175
A bill for AN ACT in relation to corrections.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1175.
Senate Amendment No. 4 to HOUSE BILL NO. 1175.
Passed the Senate, as amended, November 30, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1175, on page 1, by deleting
lines 4 through 31; and
by deleting all of pages 2 and 3; and
on page 4, by deleting lines 1 through 21.
AMENDMENT NO. 4. Amend House Bill 1175, AS AMENDED, by replacing
the title with the following:
"AN ACT in relation to crime."; and
by replacing everything after the enacting clause with the following:
"Section 1. Purpose and intent.
(a) In People v. Wooters, Docket No. 83595, the Illinois Supreme
Court declared that Public Act 89-203 violates the single subject
rule of the Illinois Constitution (ILCON Art. IV, Sec. 8) by
including certain provisions relating to mortgage foreclosure in a
bill otherwise relating to crime.
(b) It is the purpose of this Act to re-enact the provisions
relating to crime that were included in Public Act 89-203.
(c) Section 11-6 of the Criminal Code of 1961 is not included in
this Act because the provisions added to that Section by Public Act
89-203 were removed by Public Act 91-226.
(d) Subsection (c) has been added to Section 5-1120 of the
Counties Code in order to validate county actions taken in reliance
on that Section as included in Public Act 89-203.
(d) This Act is not intended to supersede any other Public Act
HOUSE OF REPRESENTATIVES 8075
of the 91st General Assembly that amends a Section included in this
Act, and it is not intended to limit or impair any legal argument
relating to the re-enactment of any of the provisions of Public Act
89-203 by any other Public Act.
Section 5. The Counties Code is amended by adding Section 5-1120
as follows:
(55 ILCS 5/5-1120 new)
Sec. 5-1120. Juvenile delinquency programs.
(A) The corporate authorities of a county may:
(a) Conduct programs and carry on and coordinate activities
for the prevention, reduction, or control of juvenile delinquency
within the county;
(b) Cooperate, coordinate, or act jointly with the State of
Illinois or any other county, municipality, or public or private
agency in conducting programs and carrying on and coordinating
activities for the prevention, reduction, or control of juvenile
delinquency, including but not limited to the establishment,
support, and maintenance of individual or joint public or private
agencies or neighborhood accountability boards to conduct the
programs and carry on the activities in cooperation with law
enforcement officers through referral of juvenile offenders;
(c) Spend county funds appropriated for the purposes of
this Section; and
(d) Make application for, accept, and use money, financial
grants, or contributions of services from any public or private
source made available for the purposes of this Section.
(B) All officials, agencies, and employees of a county that has
exercised the authority granted by this Section shall cooperate in so
far as possible with the corporate authorities in coordinating and
conducting activities and programs to carry out the purposes of this
Section.
(C) All otherwise lawful actions taken and expenditures made
before the effective date of this amendatory Act of the 91st General
Assembly in reliance on the provisions of this Section included in
Public Act 89-203 are hereby validated.
Section 10. The Illinois Vehicle Code is amended by changing
Sections 6-208.1 and 11-501 as follows:
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other drug,
or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been rescinded,
any person whose privilege to drive a motor vehicle on the public
highways has been summarily suspended, pursuant to Section 11-501.1,
shall not be eligible for restoration of the privilege until the
expiration of:
1. Six months from the effective date of the statutory
summary suspension for a refusal or failure to complete a test or
tests to determine the alcohol, drug, or intoxicating compound
concentration, pursuant to Section 11-501.1; or
2. Three months from the effective date of the statutory
summary suspension imposed following the person's submission to a
chemical test which disclosed an alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or intoxicating
compound in such person's breath, blood, or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating compound
listed in the Use of Intoxicating Compounds Act, pursuant to
Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first offender who
8076 JOURNAL OF THE [November 30, 1999]
refuses or fails to complete a test or tests to determine the
alcohol, drug, or intoxicating compound concentration pursuant to
Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first offender
following submission to a chemical test which disclosed an
alcohol concentration of 0.08 or more pursuant to Section
11-501.1 or any amount of a drug, substance or compound in such
person's blood or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) Following a statutory summary suspension of the privilege to
drive a motor vehicle under Section 11-501.1, full driving privileges
shall be restored unless the person is otherwise disqualified by this
Code. If the court has reason to believe that the person's driving
privilege should not be restored, the court shall notify the
Secretary of State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this Code.
(c) Full driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have been
paid to the Secretary of State and the appropriate entry made to the
driver's record.
(d) Where a driving privilege has been summarily suspended under
Section 11-501.1 and the person is subsequently convicted of
violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on statutory
summary suspension shall be credited toward the minimum period of
revocation of driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender, the
circuit court may, after at least 30 days from the effective date of
the statutory summary suspension, issue a judicial driving permit as
provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any offense
as defined in Section 11-501 or a similar provision of a local
ordinance, following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender, the
circuit court may issue a court order directing the Secretary of
State to issue a judicial driving permit as provided in Section
6-206.1. However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was not a
first offender, as defined in Section 11-500 and such person refused
or failed to complete a test or tests to determine the alcohol, drug,
or intoxicating compound concentration pursuant to Section 11-501.1,
the Secretary of State may shall not may, after at least 6 months
from the effective date of the statutory summary suspension, issue a
restricted driving permit if at least 2 years have elapsed since the
effective date of the statutory summary suspension.
(h) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was not a
first offender as defined in Section 11-500 and such person submitted
to a chemical test which disclosed an alcohol concentration of 0.08
or more pursuant to Section 11-501.1, the Secretary of State may,
after at least 90 days from the effective date of the statutory
summary suspension, issue a restricted driving permit.
(Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99; 90-779, eff.
1-1-99; 91-357, eff. 7-29-99.)
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds or any combination
thereof.
(a) A person shall not drive or be in actual physical control of
any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that renders
the person incapable of driving safely;
(4) under the influence of any other drug or combination of
drugs to a degree that renders the person incapable of safely
driving;
(5) under the combined influence of alcohol, other drug or
drugs, or intoxicating compound or compounds to a degree that
renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or compound
in the person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
(b) The fact that any person charged with violating this Section
is or has been legally entitled to use alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination thereof,
shall not constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and paragraph (d)
of this Section, every person convicted of violating this Section or
a similar provision of a local ordinance, shall be guilty of a Class
A misdemeanor and, in addition to any other criminal or
administrative action, for any second conviction of violating this
Section or a similar provision of a law of another state or local
ordinance committed within 5 years of a previous violation of this
Section or a similar provision of a local ordinance shall be
mandatorily sentenced to a minimum of 48 consecutive hours of
imprisonment or assigned to a minimum of 100 hours of community
service as may be determined by the court. Every person convicted of
violating this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a mandatory
5 days of community service in a program benefiting children if the
person committed a violation of paragraph (a) or a similar provision
of a local ordinance while transporting a person under age 16 16
years of age or younger. Every person convicted a second time for
violating this Section or a similar provision of a local ordinance
within 5 years of a previous violation of this Section or a similar
provision of a law of another state or local ordinance shall be
subject to a mandatory minimum fine of $500 and 10 days of mandatory
community service in a program benefiting children if the current
offense was committed while transporting a person under age 16 16
years of age or younger. The imprisonment or assignment under this
subsection shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or assignment.
(c-1) (1) A person who violates this Section during a period
in which his or her driving privileges are revoked or suspended,
where the revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section 11-401, or
Section 9-3 of the Criminal Code of 1961 is guilty of a Class 4
8078 JOURNAL OF THE [November 30, 1999]
felony.
(2) A person who violates this Section a third time during
a period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for a violation
of this Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of
a Class 3 felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her driving
privileges are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section 11-501.1,
paragraph (b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under age 16
in the vehicle at the time of the offense shall have his or her
punishment under this Act enhanced by 2 days of imprisonment for a
first offense, 10 days of imprisonment for a second offense, 30 days
of imprisonment for a third offense, and 90 days of imprisonment for
a fourth or subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible imprisonment
required under subsection (d). The imprisonment or assignment under
this subsection shall not be subject to suspension nor shall the
person be eligible for probation in order to reduce the sentence or
assignment.
(d) (1) Every person convicted of committing a violation of this
Section shall be guilty of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or compounds,
or any combination thereof if:
(A) the person committed a violation of this Section, or a
similar provision of a law of another state or a local ordinance
when the cause of action is the same as or substantially similar
to this Section, for the third or subsequent time;
(B) the person committed a violation of paragraph (a) while
driving a school bus with children on board;
(C) the person in committing a violation of paragraph (a)
was involved in a motor vehicle accident that resulted in great
bodily harm or permanent disability or disfigurement to another,
when the violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph (a) for a
second time and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 relating to reckless
homicide in which the person was determined to have been under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds as an element of the offense or the person
has previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof is a Class 4 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less
than one year and not more than 3 years for a violation of
subparagraph (A), (B) or (D) of paragraph (1) of this subsection (d)
and not less than one year and not more than 12 years for a violation
of subparagraph (C) of paragraph (1) of this subsection (d). For any
prosecution under this subsection (d), a certified copy of the
driving abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final sentencing,
or an order for supervision, for an offense based upon an arrest for
HOUSE OF REPRESENTATIVES 8079
a violation of this Section or a similar provision of a local
ordinance, individuals shall be required to undergo a professional
evaluation to determine if an alcohol, drug, or intoxicating compound
abuse problem exists and the extent of the problem. Programs
conducting these evaluations shall be licensed by the Department of
Human Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the professional
evaluation.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section
proximately caused any incident resulting in an appropriate emergency
response, shall be liable for the expense of an emergency response as
provided under Section 5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges
of any person convicted under this Section or a similar provision of
a local ordinance.
(h) Every person sentenced under subsection (d) of this Section
and who receives a term of probation or conditional discharge shall
be required to serve a minimum term of either 30 days community
service or, beginning July 1, 1993, 48 consecutive hours of
imprisonment as a condition of the probation or conditional
discharge. This mandatory minimum term of imprisonment or assignment
of community service shall not be suspended and shall not be subject
to reduction by the court.
(i) The Secretary of State may use ignition interlock device
requirements when granting driving relief to individuals who have
been arrested for a second or subsequent offense of this Section or a
similar provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for use of the
interlock system.
(j) In addition to any other penalties and liabilities, a person
who is found guilty of violating this Section shall be fined $100,
payable to the circuit clerk, who shall distribute the money to the
law enforcement agency that made the arrest. In the event that more
than one agency is responsible for the arrest, the $100 shall be
shared equally. Any moneys received by a law enforcement agency
under this subsection (j) shall be used to purchase law enforcement
equipment that will assist in the prevention of alcohol related
criminal violence throughout the State. This shall include, but is
not limited to, in-car video cameras, radar and laser speed detection
devices, and alcohol breath testers.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, eff.
1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 90-779, eff.
1-1-99; 91-126, eff. 7-16-99; 91-357, eff. 7-29-99.)
Section 15. The Criminal Code of 1961 is amended by changing
Sections 11-6.5 and 32-10 as follows:
(720 ILCS 5/11-6.5)
Sec. 11-6.5. Indecent solicitation of an adult.
(a) A person commits indecent solicitation of an adult if the
person:
(1) Arranges for a person 17 years of age or over to commit
an act of sexual penetration as defined in Section 12-12 with a
person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the age
of 17 years; or
(2) Arranges for a person 17 years of age or over to commit
an act of sexual conduct as defined in Section 12-12 with a
person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the age
8080 JOURNAL OF THE [November 30, 1999]
of 17 years.
(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X felony.
(2) Violation of paragraph (a)(1)(ii) is a Class 1 felony.
(3) Violation of paragraph (a)(2)(i) is a Class 2 felony.
(4) Violation of paragraph (a)(2)(ii) is a Class A
misdemeanor.
(c) For the purposes of this Section, "arranges" includes but is
not limited to oral or written communication and communication by
telephone, computer, or other electronic means. "Computer" has the
meaning ascribed to it in Section 16D-2 of this Code.
(Source: P.A. 88-165.)
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of bail bond.
(a) Whoever, having been admitted to bail for appearance before
any court of this State, incurs a forfeiture of the bail and
willfully fails to surrender himself within 30 days following the
date of such forfeiture, commits, if the bail was given in connection
with a charge of felony or pending appeal or certiorari after
conviction of any offense, a felony of the next lower Class or a
Class A misdemeanor if the underlying offense was a Class 4 felony;
or, if the bail was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a misdemeanor of
the next lower Class, but not less than a Class C misdemeanor.
(a-5) Any person who violates a condition of bail bond by
possessing a firearm in violation of his or her conditions of bail
commits a Class 4 felony for a first violation and a Class 3 felony
for a second violation.
(b) Whoever, having been admitted to bail for appearance before
any court of this State, while charged with a criminal offense in
which the victim is a family or household member as defined in
Article 112A of the Code of Criminal Procedure of 1963, knowingly
violates a condition of that release as set forth in Section 110-10,
subsection (d) of the Code of Criminal Procedure of 1963, commits a
Class A misdemeanor.
(c) Whoever, having been admitted to bail for appearance before
any court of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family or household member
as defined in Article 112A of the Code of Criminal Procedure of 1963,
is charged with any other felony, Class A misdemeanor, or a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of 1963
while on such release, must appear before the court before bail is
statutorily set.
(d) Nothing in this Section shall interfere with or prevent the
exercise by any court of its power to punishment for contempt. Any
sentence imposed for violation of this Section shall be served
consecutive to the sentence imposed for the charge for which bail had
been granted and with respect to which the defendant has been
convicted.
(Source: P.A. 88-430; 88-680, eff. 1-1-95.)
Section 20. The Unified Code of Corrections is amended by
changing Sections 5-5-6, 5-6-3, and 5-8-1 as follows:
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation of the
Criminal Code of 1961 in which the person received any injury to
their person or damage to their real or personal property as a result
of the criminal act of the defendant, the court shall order
restitution as provided in this Section. In all other cases, except
cases in which restitution is required under this Section, the court
must at the sentence hearing determine whether restitution is an
HOUSE OF REPRESENTATIVES 8081
appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the
offender to make restitution is appropriate, the offender may be
sentenced to make restitution. If the offender is sentenced to make
restitution the Court shall determine the restitution as hereinafter
set forth:
(a) At the sentence hearing, the court shall determine
whether the property may be restored in kind to the possession of
the owner or the person entitled to possession thereof; or
whether the defendant is possessed of sufficient skill to repair
and restore property damaged; or whether the defendant should be
required to make restitution in cash, for out-of-pocket expenses,
damages, losses, or injuries found to have been proximately
caused by the conduct of the defendant or another for whom the
defendant is legally accountable under the provisions of Article
V of the Criminal Code of 1961.
(b) In fixing the amount of restitution to be paid in cash,
the court shall allow credit for property returned in kind, for
property damages ordered to be repaired by the defendant, and for
property ordered to be restored by the defendant; and after
granting the credit, the court shall assess the actual
out-of-pocket expenses, losses, damages, and injuries suffered by
the victim named in the charge and any other victims who may also
have suffered out-of-pocket expenses, losses, damages, and
injuries proximately caused by the same criminal conduct of the
defendant, and insurance carriers who have indemnified the named
victim or other victims for the out-of-pocket expenses, losses,
damages, or injuries, provided that in no event shall restitution
be ordered to be paid on account of pain and suffering. If a
defendant is placed on supervision for, or convicted of, domestic
battery, the defendant shall be required to pay restitution to
any domestic violence shelter in which the victim and any other
family or household members lived because of the domestic
battery. The amount of the restitution shall equal the actual
expenses of the domestic violence shelter in providing housing
and any other services for the victim and any other family or
household members living at the shelter. If a defendant fails to
pay restitution in the manner or within the time period specified
by the court, the court may enter an order directing the sheriff
to seize any real or personal property of a defendant to the
extent necessary to satisfy the order of restitution and dispose
of the property by public sale. All proceeds from such sale in
excess of the amount of restitution plus court costs and the
costs of the sheriff in conducting the sale shall be paid to the
defendant. The defendant convicted of domestic battery, if a
person under 18 years of age who is the child of the offender or
of the victim was present and witnessed the domestic battery of
the victim, is liable to pay restitution for the cost of any
counseling required for the child at the discretion of the court.
(c) In cases where more than one defendant is accountable
for the same criminal conduct that results in out-of-pocket
expenses, losses, damages, or injuries, each defendant shall be
ordered to pay restitution in the amount of the total actual
out-of-pocket expenses, losses, damages, or injuries to the
victim proximately caused by the conduct of all of the defendants
who are legally accountable for the offense.
(1) In no event shall the victim be entitled to
recover restitution in excess of the actual out-of-pocket
expenses, losses, damages, or injuries, proximately caused
by the conduct of all of the defendants.
(2) As between the defendants, the court may apportion
8082 JOURNAL OF THE [November 30, 1999]
the restitution that is payable in proportion to each
co-defendant's culpability in the commission of the offense.
(3) In the absence of a specific order apportioning
the restitution, each defendant shall bear his pro rata
share of the restitution.
(4) As between the defendants, each defendant shall be
entitled to a pro rata reduction in the total restitution
required to be paid to the victim for amounts of restitution
actually paid by co-defendants, and defendants who shall
have paid more than their pro rata share shall be entitled
to refunds to be computed by the court as additional amounts
are paid by co-defendants.
(d) In instances where a defendant has more than one
criminal charge pending against him in a single case, or more
than one case, and the defendant stands convicted of one or more
charges, a plea agreement negotiated by the State's Attorney and
the defendants may require the defendant to make restitution to
victims of charges that have been dismissed or which it is
contemplated will be dismissed under the terms of the plea
agreement, and under the agreement, the court may impose a
sentence of restitution on the charge or charges of which the
defendant has been convicted that would require the defendant to
make restitution to victims of other offenses as provided in the
plea agreement.
(e) The court may require the defendant to apply the
balance of the cash bond, after payment of court costs, and any
fine that may be imposed to the payment of restitution.
(f) Taking into consideration the ability of the defendant
to pay, the court shall determine whether restitution shall be
paid in a single payment or in installments, and shall fix a
period of time not in excess of 5 years, not including periods of
incarceration, within which payment of restitution is to be paid
in full. Complete restitution shall be paid in as short a time
period as possible. However, if the court deems it necessary and
in the best interest of the victim, the court may extend beyond 5
years the period of time within which the payment of restitution
is to be paid. If the defendant is ordered to pay restitution and
the court orders that restitution is to be paid over a period
greater than 6 months, the court shall order that the defendant
make monthly payments; the court may waive this requirement of
monthly payments only if there is a specific finding of good
cause for waiver.
(g) The court shall, after determining that the defendant
has the ability to pay, require the defendant to pay for the
victim's counseling services if:
(1) the defendant was convicted of an offense under
Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15 or
12-16 of the Criminal Code of 1961, or was charged with such
an offense and the charge was reduced to another charge as a
result of a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at the time
the offense was committed and requires counseling as a
result of the offense.
The payments shall be made by the defendant to the clerk of
the circuit court and transmitted by the clerk to the appropriate
person or agency as directed by the court. The order may require
such payments to be made for a period not to exceed 5 years after
sentencing, not including periods of incarceration.
(h) The judge may enter an order of withholding to collect
the amount of restitution owed in accordance with Part 8 of
HOUSE OF REPRESENTATIVES 8083
Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or revoked by
the court if the offender commits another offense, or the
offender fails to make restitution as ordered by the court, but
no sentence to make restitution shall be revoked unless the court
shall find that the offender has had the financial ability to
make restitution, and he has wilfully refused to do so. When the
offender's ability to pay restitution was established at the time
an order of restitution was entered or modified, or when the
offender's ability to pay was based on the offender's willingness
to make restitution as part of a plea agreement made at the time
the order of restitution was entered or modified, there is a
rebuttable presumption that the facts and circumstances
considered by the court at the hearing at which the order of
restitution was entered or modified regarding the offender's
ability or willingness to pay restitution have not materially
changed. If the court shall find that the defendant has failed
to make restitution and that the failure is not wilful, the court
may impose an additional period of time within which to make
restitution. The length of the additional period shall not be
more than 2 years. The court shall retain all of the incidents
of the original sentence, including the authority to modify or
enlarge the conditions, and to revoke or further modify the
sentence if the conditions of payment are violated during the
additional period.
(j) The procedure upon the filing of a Petition to Revoke a
sentence to make restitution shall be the same as the procedures
set forth in Section 5-6-4 of this Code governing violation,
modification, or revocation of Probation, of Conditional
Discharge, or of Supervision.
(k) Nothing contained in this Section shall preclude the
right of any party to proceed in a civil action to recover for
any damages incurred due to the criminal misconduct of the
defendant.
(l) Restitution ordered under this Section shall not be
subject to disbursement by the circuit clerk under Section 27.5
of the Clerks of Courts Act.
(m) A restitution order under this Section is a judgment
lien in favor of the victim that:
(1) Attaches to the property of the person subject to
the order;
(2) May be perfected in the same manner as provided in
Part 3 of Article 9 of the Uniform Commercial Code;
(3) May be enforced to satisfy any payment that is
delinquent under the restitution order by the person in
whose favor the order is issued or the person's assignee;
and
(4) Expires in the same manner as a judgment lien
created in a civil proceeding.
When a restitution order is issued under this Section, the
issuing court shall send a certified copy of the order to the
clerk of the circuit court in the county where the charge was
filed. Upon receiving the order, the clerk shall enter and index
the order in the circuit court judgment docket.
(n) An order of restitution under this Section does not bar
a civil action for:
(1) Damages that the court did not require the person
to pay to the victim under the restitution order but arise
from an injury or property damages that is the basis of
restitution ordered by the court; and
(2) Other damages suffered by the victim.
8084 JOURNAL OF THE [November 30, 1999]
The restitution order is not discharged by the completion of the
sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order
under this Section may be enforced in the same manner as judgment
liens are enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for
restitution entered under this Section.
(Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00; 91-262, eff.
1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall
enter an order for supervision specifying the period of such
supervision, and shall defer further proceedings in the case until
the conclusion of the period.
(b) The period of supervision shall be reasonable under all of
the circumstances of the case, but may not be longer than 2 years,
unless the defendant has failed to pay the assessment required by
Section 10.3 of the Cannabis Control Act or Section 411.2 of the
Illinois Controlled Substances Act, in which case the court may
extend supervision beyond 2 years. Additionally, the court shall
order the defendant to perform no less than 30 hours of community
service and not more than 120 hours of community service, if
community service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed, when
the offense (1) was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the defendant's
membership in or allegiance to an organized gang; or (2) is a
violation of any Section of Article 24 of the Criminal Code of 1961
where a disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by violation
of Section 21-1.3 of the Criminal Code of 1961 and similar damages to
property located within the municipality or county in which the
violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion
of the court require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social
service agency as directed by the court in the order of
supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous
weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
HOUSE OF REPRESENTATIVES 8085
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; and
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss or
make restitution under Section 5-5-6 to a domestic violence
shelter. The court shall determine the amount and conditions of
payment;
(10) perform some reasonable public or community service;
(11) comply with the terms and conditions of an order of
protection issued by the court pursuant to the Illinois Domestic
Violence Act of 1986. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of this
subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as defined in
Section 7 of the Anti-Crime Advisory Council Act for any
reasonable expenses incurred by the program on the offender's
case, not to exceed the maximum amount of the fine authorized for
the offense for which the defendant was sentenced;
(13) contribute a reasonable sum of money, not to exceed
the maximum amount of the fine authorized for the offense for
which the defendant was sentenced, to a "local anti-crime
program", as defined in Section 7 of the Anti-Crime Advisory
Council Act;
(14) refrain from entering into a designated geographic
area except upon such terms as the court finds appropriate. Such
terms may include consideration of the purpose of the entry, the
time of day, other persons accompanying the defendant, and
advance approval by a probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular types of
person, including but not limited to members of street gangs and
drug users or dealers;
(16) refrain from having in his or her body the presence of
any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug;
(17) refrain from operating any motor vehicle not equipped
with an ignition interlock device as defined in Section 1-129.1
of the Illinois Vehicle Code. Under this condition the court may
allow a defendant who is not self-employed to operate a vehicle
owned by the defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of
the conditions of supervision, the court shall discharge the
defendant and enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of
guilt and shall not be termed a conviction for purposes of
disqualification or disabilities imposed by law upon conviction of a
crime. Two years after the discharge and dismissal under this
Section, unless the disposition of supervision was for a violation of
Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or for a
8086 JOURNAL OF THE [November 30, 1999]
violation of Sections 12-3.2 or 16A-3 of the Criminal Code of 1961,
in which case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may be
provided by law. However, any defendant placed on supervision before
January 1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in subsection (g) of
Section 5 of the Criminal Identification Act or for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance shall not have his or her record of arrest sealed
or expunged.
(g) A defendant placed on supervision and who during the period
of supervision undergoes mandatory drug or alcohol testing, or both,
or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs incidental to
such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which the
county is located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental
to approved electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the form
of an administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all
moneys collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer shall
deposit the fees collected in the county working cash fund under
Section 6-27001 or Section 6-29002 of the Counties Code, as the case
may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of supervision, a
fee of $25 for each month of supervision ordered by the court, unless
after determining the inability of the person placed on supervision
to pay the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under the
Juvenile Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively supervised by
the probation and court services department. The fee shall be
collected by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from this fee to the
county treasurer for deposit in the probation and court services fund
pursuant to Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs 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 Section 27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her supervision be
required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
HOUSE OF REPRESENTATIVES 8087
Test of General Educational Development (GED) or to work toward
completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of
education to obtain the educational or vocational training required
by this subsection (k). The defendant placed on supervision shall be
required to pay for the cost of the educational courses or GED test,
if a fee is charged for those courses or test. The court shall
revoke the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high school
diploma or has successfully passed the GED test. This subsection (k)
does not apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on supervision
for possession of a substance prohibited by the Cannabis Control Act
or Illinois Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance prohibited
by the Cannabis Control Act or Illinois Controlled Substances Act or
a sentence of probation under Section 10 of the Cannabis Control Act
or Section 410 of the Illinois Controlled Substances Act and after a
finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The court shall require a defendant placed on supervision
for a violation of Section 3-707 of the Illinois Vehicle Code or a
similar provision of a local ordinance, as a condition of
supervision, to give proof of his or her financial responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof
shall be maintained by the defendant in a manner satisfactory to the
Secretary of State for a minimum period of one year after the date
the proof is first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to be in
violation of this subsection.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99; 91-127, eff.
1-1-00.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the
offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section, according
to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and not
more than 60 years, or
(b) if the court finds that the murder was accompanied
by exceptionally brutal or heinous behavior indicative of
wanton cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) of Section 9-1 of the
Criminal Code of 1961 are present, the court may sentence
the defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a term
of natural life imprisonment when the death penalty is not
imposed if the defendant,
(i) has previously been convicted of first degree
murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of 17 or
more and is found guilty of murdering an individual
8088 JOURNAL OF THE [November 30, 1999]
under 12 years of age; or, irrespective of the
defendant's age at the time of the commission of the
offense, is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer or fireman when the peace officer or fireman
was killed in the course of performing his official
duties, or to prevent the peace officer or fireman from
performing his official duties, or in retaliation for
the peace officer or fireman performing his official
duties, and the defendant knew or should have known
that the murdered individual was a peace officer or
fireman, or
(iv) is found guilty of murdering an employee of
an institution or facility of the Department of
Corrections, or any similar local correctional agency,
when the employee was killed in the course of
performing his official duties, or to prevent the
employee from performing his official duties, or in
retaliation for the employee performing his official
duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician
- paramedic, ambulance driver or other medical
assistance or first aid person while employed by a
municipality or other governmental unit when the person
was killed in the course of performing official duties
or to prevent the person from performing official
duties or in retaliation for performing official duties
and the defendant knew or should have known that the
murdered individual was an emergency medical technician
- ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistant or first
aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age of
17, and is found guilty of murdering a person under 12
years of age and the murder is committed during the
course of aggravated criminal sexual assault, criminal
sexual assault, or aggravated kidnaping, or
(vii) is found guilty of first degree murder and
the murder was committed by reason of any person's
activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician - paramedic",
have the meanings ascribed to them in the Emergency Medical
Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to the
term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20 years
shall be added to the term of imprisonment imposed by
HOUSE OF REPRESENTATIVES 8089
the court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed
by the court.
(1.5) for second degree murder, a term shall be not less
than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under Article
33B of the Criminal Code of 1961, as amended, the sentence shall
be a term of natural life imprisonment;
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section 12-13,
paragraph (2) of subsection (d) of Section 12-14, paragraph (1.2)
of subsection (b) of Section 12-14.1, or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of 1961,
the sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute defining
the offense, for a Class X felony, the sentence shall be not less
than 6 years and not more than 30 years;
(4) for a Class 1 felony, other than second degree murder,
the sentence shall be not less than 4 years and not more than 15
years;
(5) for a Class 2 felony, the sentence shall be not less
than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not less
than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not less
than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall set
forth his reasons for imposing the particular sentence he enters in
the case, as provided in Section 5-4-1 of this Code. Those reasons
may include any mitigating or aggravating factors specified in this
Code, or the lack of any such circumstances, as well as any other
such factors as the judge shall set forth on the record that are
consistent with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the court may
reduce a sentence without motion, within 30 days after the sentence
is imposed. A defendant's challenge to the correctness of a sentence
or to any aspect of the sentencing hearing shall be made by a written
motion filed within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, the proponent of the
motion shall exercise due diligence in seeking a determination on the
motion and the court shall thereafter decide such motion within a
reasonable time.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, then for purposes of
perfecting an appeal, a final judgment shall not be considered to
have been entered until the motion to reduce a sentence has been
decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with the
circuit court clerk within 30 days after the sentence is imposed
together with a notice of motion, which notice of motion shall set
the motion on the court's calendar on a date certain within a
reasonable time after the date of filing.
8090 JOURNAL OF THE [November 30, 1999]
(d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in addition
to the term of imprisonment. For those sentenced under the law in
effect prior to February 1, 1978, such term shall be identified as a
parole term. For those sentenced on or after February 1, 1978, such
term shall be identified as a mandatory supervised release term.
Subject to earlier termination under Section 3-3-8, the parole or
mandatory supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3 years;
(2) for a Class 1 felony or a Class 2 felony, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) if the victim is under 18 years of age, for a second or
subsequent offense of criminal sexual assault or aggravated
criminal sexual assault, 5 years, at least the first 2 years of
which the defendant shall serve in an electronic home detention
program under Article 8A of Chapter V of this Code;
(5) if the victim is under 18 years of age, for a second or
subsequent offense of aggravated criminal sexual abuse or felony
criminal sexual abuse, 4 years, at least the first 2 years of
which the defendant shall serve in an electronic home detention
program under Article 8A of Chapter V of this Code.
(e) A defendant who has a previous and unexpired sentence of
imprisonment imposed by another state or by any district court of the
United States and who, after sentence for a crime in Illinois, must
return to serve the unexpired prior sentence may have his sentence by
the Illinois court ordered to be concurrent with the prior sentence
in the other state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior to his
return to Illinois, shall be credited on his Illinois sentence. The
other state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is released from
confinement of the other state, whether by parole or by termination
of sentence, the offender shall be transferred by the Sheriff of the
committing county to the Illinois Department of Corrections. The
court shall cause the Department of Corrections to be notified of
such sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime in this
State and who is subsequently sentenced to a term of imprisonment by
another state or by any district court of the United States and who
has served a term of imprisonment imposed by the other state or
district court of the United States, and must return to serve the
unexpired prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his sentence
reduced.
The circuit court may order that any time served on the sentence
imposed by the other state or district court of the United States be
credited on his Illinois sentence. Such application for reduction of
a sentence under this subsection (f) shall be made within 30 days
after the defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99; 91-279, eff.
1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 4 to HOUSE BILL 1175 was placed on the order of
Concurrence.
HOUSE OF REPRESENTATIVES 8091
REPORTS FROM STANDING COMMITTEES
Representative Schoenberg, Chairperson, from the Committee on
Appropriations - General Services and Government Oversight to which
the following were referred, action taken earlier today, and reported
the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 877.
The committee roll call vote on Amendment 3 to SENATE BILL 877 is
as follows:
7, Yeas; 3, Nays; 2, Answering Present.
Y Schoenberg, Chair A Kenner
Y Biggins, Spkpn N Lindner
Y Fritchey Y Mathias
Y Garrett Y Silva
Y Gash P Slone, Vice-Chair
P Jones, John N Sommer
N Winters
Representative Murphy, Chairperson, from the Committee on
Personnel & Pensions to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass" and be placed on the order of
Second Reading -- Short Debate: HOUSE BILL 428.
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: HOUSE BILL 2869.
The committee roll call vote on HOUSE BILL 428 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Murphy, Chair Y Osmond (Bost)
Y Beaubien (Tenhouse) Y Poe
Y Delgado A Pugh
Y Hannig Y Schmitz
Y Hoeft, Spkpn A Stroger
Y Woolard
The committee roll call vote on HOUSE BILL 2869 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Murphy, Chair Y Osmond (Bost)
Y Beaubien (Tenhouse) Y Poe
Y Delgado Y Pugh
Y Hannig Y Schmitz
Y Hoeft, Spkpn A Stroger
Y Woolard
CHANGE OF SPONSORSHIP
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE
RESOLUTION 486.
INTRODUCTION AND FIRST READING OF BILLS
8092 JOURNAL OF THE [November 30, 1999]
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2968. Introduced by Representative Durkin, a bill for
AN ACT to amend the Criminal Code of 1961 by changing Section 9-3.
HOUSE BILL 2969. Introduced by Representatives Hannig - Black -
Lang - Tenhouse - Woolard, a bill for AN ACT to amend the State
Employees Group Insurance Act of 1971.
HOUSE BILL 2970. Introduced by Representatives Hartke - Cross, a
bill for AN ACT to amend the Surface-Mined Land Conservation and
Reclamation Act.
HOUSE BILL 2971. Introduced by Representative Brunsvold, a bill
for AN ACT to amend the Illinois Vehicle Code by changing Section
11-701.
HOUSE BILL 2972. Introduced by Representative Lang, a bill for
AN ACT to amend the Illinois Vehicle Code by changing Section 6-508.
HOUSE BILL 2973. Introduced by Representative Bellock, a bill
for AN ACT concerning investment for college.
HOUSE BILL 2974. Introduced by Representatives Woolard - Jerry
Mitchell, a bill for AN ACT to amend the School Code by changing
Section 2-3.25g.
HOUSE BILL 2975. Introduced by Representative Woolard, a bill
for AN ACT to amend the School Code by changing Section 27A-4.
HOUSE BILL 2976. Introduced by Representative Righter, a bill
for AN ACT to amend the Freedom of Information Act by changing
Section 2.
HOUSE BILL 2977. Introduced by Representatives Bassi - Woolard,
a bill for AN ACT to amend the School Code by changing Section
10-22.21b.
HOUSE BILL 2978. Introduced by Representative Bellock, a bill
for AN ACT concerning Illinois Vietnam Veterans.
HOUSE BILL 2979. Introduced by Representative Bellock, a bill
for AN ACT concerning child support, amending named Acts.
HOUSE BILL 2980. Introduced by Representatives Mautino - Giglio
- Brady - Hartke, a bill for AN ACT to amend the Illinois Insurance
Code by changing Section 456.
AGREED RESOLUTIONS
The following resolutions were offered and placed on the House
Calendar.
HOUSE RESOLUTION 478
Offered by Representative Dart:
WHEREAS, Camille Hatzenbuehler was born and raised on the west
side of the City of Chicago; and
WHEREAS, Camille Hatzenbuehler was the daughter of the late Harry
F. Chaddick; she was the wife of Edwin Hatzenbuehler; she was the
mother of Mari and Suzanne; and she was the grandmother of three
grandchildren; and
WHEREAS, Throughout the 64 years of her life, Camille
Hatzenbuehler loved the City of Chicago so much that she became
involved in the cultural aspects of the city, and instilled that love
in her grandchildren and others, proving to be an inspiration for
many; and
WHEREAS, Mrs. Hatzenbuehler served on the Chicago Public Library
Board in the late 1970s and became the president of the board in
1979; and
WHEREAS, In her leadership role with the Chicago Public Library,
HOUSE OF REPRESENTATIVES 8093
Camille Hatzenbuehler promoted library participation in all aspects
of city cultural life, including concerts and architectural tours, in
addition to circulation of books and provision of reference
information; and
WHEREAS, Mrs. Hatzenbuehler was also a dedicated supporter of the
Lyric Opera and the Chicago Symphony Orchestra; she also served as a
trustee of the Lyric Opera in the 1980s; and
WHEREAS, Her faith in God gave Camille Hatzenbuehler her strength
to counsel others suffering from cancer; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all that knew and loved her, the memory of Camille Hatzenbuehler of
Chicago, Illinois; may there be a measure of comfort and solace in
this time of need; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Camille Hatzenbuehler, along with our sincere regards.
HOUSE RESOLUTION 479
Offered by Representative Scully:
WHEREAS, It has come to the attention of this Body that the
President of Prairie State College, Dr. E. Timothy Lightfield, is
leaving the institution; and
WHEREAS, Dr. Lightfield has contributed eight years of hard work
and dedication to improving higher education at Prairie State College
and across the State; and
WHEREAS, Upon entering Prairie State with a severe budget
deficit, Dr. Lightfield restored a balanced budget for the last seven
years and worked to increase funding for capitol projects at the
college; and
WHEREAS, Dr. Lightfield played an instrumental role in the
partnership with St. James Hospital and the Chicago Heights Park
District to create The Fitness Complex that will benefit thousands of
students and local residents; and
WHEREAS, Dr. Lightfield worked with the General Assembly to
improve legislation for higher education, including the Phi Theta
Kappa Transfer Scholarship, the Illinois Incentive Access Program,
and extending the State's financial aid resources to students
attending college part time or during the summer; and
WHEREAS, Under Dr. Lightfield's leadership, the College has won
nine statewide Awards of Excellence, the most of any Illinois
Community College, and received an 84% high public satisfaction, the
highest public rating of any college surveyed by the 1998 Community
Opinion Survey; and
WHEREAS, Dr. Lightfield's improvements to Prairie State College
have increased high school district enrollments from 13% of the local
graduating students to over 25%; and
WHEREAS, Dr. Lightfield serves on numerous local and national
community boards, including Governor Ryan's Education Transition
Team, co-chair of the Governor's task force on technical career
scholarships, and Vice Chair of the Illinois Council of Presidents;
and
WHEREAS, Dr. Lightfield's accomplishments have been recognized by
local, State, and national organizations; and
WHEREAS, Dr. Lightfield's contributions to the field of education
and Prairie State College continue to impact the lives of Illinois
citizens across the State; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr.
Lightfield on his accomplishments, thank him for his dedication, and
extend our sincere wishes for future success; and be it further
8094 JOURNAL OF THE [November 30, 1999]
RESOLVED, That a suitable copy of this resolution be presented to
Dr. E. Timothy Lightfield.
HOUSE RESOLUTION 480
Offered by Representative Scully:
WHEREAS, It has come to the attention of this Body that the Rich
Township Unity Coalition, the Village of Olympia Fields, the Village
of Park Forest, Rich Township High School District 227, and numerous
south suburban churches, organizations, and volunteers joined
together to participate in Rich Township Unity Day on September 26,
1999; and
WHEREAS, Rich Township Unity Day joined over 6,500 residents of
Chicago's south suburbs in celebration of diversity; and
WHEREAS, Rich Township Unity Day accomplished a mission to
establish communication and action that celebrate the cultural
diversity and racial richness of Rich Township and positively
influenced local, metropolitan, and national perceptions of the
Southland communities; and
WHEREAS, Rich Township Unity Day and Hands Across the Southland
represented a unified and regional effort demonstrating the
Township's diversity, its quality of life, and the strength of its
communities; and
WHEREAS, The success of Rich Township Unity Day is a result of
the residents, schools, organizations, and volunteers who devoted
their time and efforts to making Rich Township Unity Day work;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
residents of Rich Township and surrounding communities on their
participation in Rich Township Unity Day and extend our sincere
gratitude for their dedication to the expansion of cultural
awareness; and be it further
RESOLVED, That suitable copies of the resolution be presented to
all involved in the success of Rich Township Unity Day.
HOUSE RESOLUTION 481
Offered by Representative Scully:
WHEREAS, It has come to the attention of this Body that the
Village of Flossmoor is celebrating the 75th anniversary of its
incorporation this year; and
WHEREAS, Flossmoor was founded on the principles of education,
growth, and community spirit; and
WHEREAS, Flossmoor promoted neighborhood unity through programs
such as Flossmoor baseball, village clean-up days, community
policing, and interdenominational projects; and
WHEREAS, Flossmoor is hailed for racial, ethnic, and cultural
diversity; and
WHEREAS, Flossmoor maintains one of the lowest crime rates in the
Chicago area; and
WHEREAS, The Homewood-Flossmoor Park District achieved national
and State recognition for its parks and facilities, receiving the
1992 National Gold Medal Award as the top leisure agency in the
nation; and
WHEREAS, The United States Department of Education has
acknowledged Flossmoor as a leader in education by awarding Infant
Jesus of Prague School and Homewood-Flossmoor High School with the
Education Blue Ribbon Award; and
WHEREAS, Flossmoor's well-managed village government has received
the national Government Finance Officers Association's highest awards
HOUSE OF REPRESENTATIVES 8095
for financial reporting; and
WHEREAS, Flossmoor is facing the 21st Century with dreams of
future growth, and the residents of the Village are proud of its
history and its contributions to the State of Illinois; therefore, be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
residents of the Village of Flossmoor on its 75th anniversary and
extend our sincere wishes for future success and growth; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
the Mayor of the Village of Flossmoor.
HOUSE RESOLUTION 482
Offered by Representative Scully:
WHEREAS, The members of this House are pleased and honored to
recognize significant achievements in the lives of individuals of
this great State; and
WHEREAS, It has come to our attention that Fire Chief Elmer J.
Joyce, Sr. of Steger is celebrating fifty years of active service
with the Steger Fire Department; and
WHEREAS, The Chief has spent his entire life serving his country
and community, the last twenty-five years as fire chief; and
WHEREAS, He was born in Steger in 1925 and has never left the
community; he served in the United States Army during World War II in
Europe; and
WHEREAS, After the war, he returned and joined the fire
department in December of 1949, working his way through the ranks to
the highest level in November of 1974; and
WHEREAS, Chief Joyce has earned the respect and admiration of all
who know him; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Fire
Chief Elmer J. Joyce, Sr. as he celebrates fifty years on the
department and twenty-five years as chief; we wish him success and
health in the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Fire Chief Elmer J. Joyce, Sr.
HOUSE RESOLUTION 483
Offered by Representative Smith:
WHEREAS, It has come to the attention of this House that Jacob
William Blair of Divernon will be celebrating his second birthday on
December 10, 1999; and
WHEREAS, Jacob will be joined in this celebration by his proud
parents Tim and Tiffany Blair and by his cousins Junior, Maci,
Connor, and Sarah; and
WHEREAS, Jacob is the beloved grandson of James and Mary Walters
of Marion and Steve and Julie Blair of Illiopolis; and
WHEREAS, Jacob began life as a beautiful baby weighing 8 pounds
5 1/2 ounces and measuring 21 inches in length; and
WHEREAS, Jacob began walking at the early age of 9 months, and
future athletic prowess has been predicted for him; and
WHEREAS, Already an expert at puzzles, Jacob is rapidly
mastering the arcane art of spotting trains, trucks, buses, and
airplanes from his carseat; and
WHEREAS, Jacob is a renowned collector of Barney tapes, and has
had the good fortune to visit the Magic Kingdom, where he saw Winnie
the Pooh, Mickey Mouse, and Goofy; and
8096 JOURNAL OF THE [November 30, 1999]
WHEREAS, A second birthday is a grand occasion and worthy of our
most enthusiastic congratulations and praise; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we wish Jacob William
Blair a very happy second birthday celebration and extend our best
wishes for many more in the years to come; and be it further
RESOLVED, That a suitable copy of this resolution be presented
to the proud parents of Jacob William Blair as an expression of our
esteem.
HOUSE RESOLUTION 484
Offered by Representative Myers:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones in the State of Illinois; and
WHEREAS, The members of the Fortnightly Club of Macomb, Illinois,
are celebrating the 100th anniversary of the formation of their club;
and
WHEREAS, The Fortnightly Club was founded on December 5, 1899;
the group has met every two weeks from October to May, and has met in
the Macomb Public Library for most of their gatherings; and
WHEREAS, The membership has numbered 241 women since the
formation of the club; the group was formed "to study current events,
science, and literature with the ultimate goal being intellectual
achievement"; and
WHEREAS, The Fortnightly Club began helping others in 1904 with
the distribution of food, clothing, and Christmas gifts to 45 Macomb
families; they have sponsored Macomb clean-up days, established the
Kathryn Schuppert Scholarship Fund, given gifts to orphans and county
home residents, and made contributions during foreign conflicts; and
WHEREAS, 1999 has been a busy time for the Fortnightly Club, with
special events to celebrate this banner year; on December 5, 1999, a
Century of Remembrance luncheon will commemorate the founding and
anniversary of this special group; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Fortnightly Club of Macomb on 100 years of gathering together; and be
it further
RESOLVED, That a suitable copy of this resolution be presented to
the Fortnightly Club, along with our sincere regards.
HOUSE RESOLUTION 485
Offered by Representative McCarthy:
WHEREAS, Illinois has long admired individuals who have gone out
of their way to assist others; and
WHEREAS, David Benoit is a person well known to friends and
families as someone who is always willing to help others; and
WHEREAS, David Benoit is the son of Jeannine Benoit and Richard
Benoit, one of seven children, and a senior at Tinley Park High
School; and
WHEREAS, David Benoit, on the evening of September 23, 1999, went
to assist a stranded motorist, Debbie Vetter, a person unknown to
David; and
WHEREAS, During his attempts to assist Ms. Vetter, David Benoit
was severely injured by an oncoming truck; and
WHEREAS, David's uncompromising spirit and inspiring drive have
assisted him in his recovery from multiple fractures to his pelvic
bone, severe injuries to both legs, and amputation of his lower right
leg; and
WHEREAS, The Illinois House of Representatives is pleased to
HOUSE OF REPRESENTATIVES 8097
honor David Benoit as one of Illinois' finest citizens; therefore, be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor David Benoit
on this occasion and wish him health and happiness in the future; and
be it further
RESOLVED, That a suitable copy of this resolution be presented to
him as a expression of our respect and admiration.
HOUSE RESOLUTION 487
Offered by Representative Dart:
WHEREAS, Sister Jeannine Butler, O.P., was born in Madison,
Wisconsin, and was educated in Wisconsin through her college years;
and
WHEREAS, Sister Jeannine Butler entered the Sinsinawa Dominican
Order in 1948; and
WHEREAS, Sister Jeannine Butler has greatly contributed to the
academic and spiritual life of the parishes that she has been
associated with, including her service as a teacher at St. Basil's
School in Omaha, Nebraska, St. Philip Beizi in Chicago, St. Luke's
School in River Forest, and St. Sabina's School in Chicago; and
WHEREAS, Sister Jeannine Butler was appointed Principal at St.
Barnabas School in 1971, where she served in that capacity for 11
years; and
WHEREAS, Sister Jeannine Butler was then appointed Principal at
St. Helena of the Cross School, where she has served in that capacity
for 17 years; and
WHEREAS, Sister Jeannine Butler expressed both her love for
children and for peace and justice for all human beings when she
served as a teacher during the 1960's Civil Rights movement in
Alabama; and
WHEREAS, Throughout her life, Sister Jeannine Butler loved and
cared for her dear mother; and
WHEREAS, Sister Jeannine Butler further expressed her devotion to
her order and her church by serving a one year sabbatical in the
Lands of the Bible; and
WHEREAS, Sister Jeannine Butler exemplifies the Sinsinawa
Dominican precepts Veritas and Caritas through her teaching and her
prayers; and
WHEREAS, Sister Jeannine Butler celebrated her 50th anniversary
as a Sister of the Sinsinawa Dominican Order on October 30, 1999 at
St. Helena of the Cross; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Sister Jeannine Butler on the occasion of her 50th Jubilee and extend
our best wishes to her for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as a token of our admiration and respect.
HOUSE RESOLUTION 488
Offered by Representative Dart:
WHEREAS, The members of the House were saddened to learn of the
recent death of Herman Meyer of the Beverly Neighborhood in Chicago,
having lived to the age of 87; and
WHEREAS, Herman's life is remarkable, having served as an officer
in the United States Army in both the European and Asian Theatres in
World War II; and
WHEREAS, After returning from the war, he worked for Commonwealth
Edison, retiring after 45 years of service and rising to management
8098 JOURNAL OF THE [November 30, 1999]
level; and
WHEREAS, He served the Kiwanis Club for over 30 years, holding
the offices of secretary and president; and
WHEREAS, After many years of community service, he received the
highest honor given by Kiwanis International; and
WHEREAS, His passing will be deeply felt by his family and
friends, especially his two sons, Charles and Bruce Meyer; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Mr. Herman
Meyer for his many years of service to both his country and community
and congratulate him posthumously; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
his sons, Charles and Bruce Meyer.
HOUSE RESOLUTION 489
Offered by Representative Howard:
WHEREAS, The members of the Illinois House of Representatives are
saddened to learn of the death of Betty Louise Beauchamp, who
recently passed away; and
WHEREAS, Betty Louise Beauchamp was born in Joliet, Illinois, on
November 3, 1929; she is survived by her husband, Eugene Beauchamp;
her daughter, State Representative Wanda J. Sharp and husband, David;
her son, Gary Reginald Beauchamp; her son, Ronald Keith Beauchamp and
his wife, LaVerne; her daughter, Cheryl Renee Gatewood and her
husband, Gregory;her step-children, Delores Beauchamp and Joseph
Eugene "Jr" Beauchamp and his wife, Inez; and her special
granddaughter, Constance Evette Sharp; and
WHEREAS, Betty Louise Beauchamp worked, at different times in her
life, for Bransom Clothing Store, Jefferson Electric, Illinois Bell,
Chat's Corner, and St. Eulalia Grade School; and
WHEREAS, Betty Louise Beauchamp and her husband traveled the
world until Mr. Beauchamp's retirement from the United States Army;
and
WHEREAS, Betty Louise Beauchamp served faithfully at the Second
Baptist Church in Maywood, where she was a member of the Junior
Choir, Young Peoples Choir, and the Gospel Chorus; she was a Women's
Day Captain for 25 years, and helped initiate the Willing Workers
Club; and
WHEREAS, Betty Louise Beauchamp will be remembered for her
willingness to teach children to sing her favorite song, "Jesus Loves
Me"; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
all knew her, the death of Betty Louise Beauchamp; may there be a
sense of comfort and peace at this time; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Betty Louise Beauchamp, along with our sincere
sympathy.
The following resolution was offered and placed in the Committee
on Rules.
HOUSE JOINT RESOLUTION 36
Offered by Representative Hoffman:
WHEREAS, Public Act 91-491 amended the School Code by adding
Section 22-26, which creates the Task Force on School Safety and is
scheduled to be repealed on January 2, 2000; and
HOUSE OF REPRESENTATIVES 8099
WHEREAS, Additional time is needed to carry out the work of the
task force, and additional persons have requested appointment to the
task force; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that, beginning on January 3, 2000, there is created the Task
Force on School Safety consisting of 2 members of the Senate
appointed by the President of the Senate, one member of the Senate
appointed by the Minority Leader of the Senate, 2 members of the
House of Representatives appointed by the Speaker of the House, one
member of the House of Representatives appointed by the Minority
Leader of the House, 2 regional superintendents of schools appointed
by the State Superintendent of Education, one teacher who is a member
of the Illinois Federation of Teachers and appointed by the State
Superintendent of Education, one teacher who is a member of the
Illinois Education Association and appointed by the State
Superintendent of Education, one member of the Illinois Sheriffs'
Association appointed by the Governor, one member of the State's
Attorneys Association appointed by the Governor, one member of the
Illinois Public Defenders Association appointed by the Governor, one
member of the Illinois Violence Prevention Authority appointed by the
Governor, one member appointed by the Governor, one member of the
Illinois Principals Association appointed by the Illinois Principals
Association, 2 superintendents of school districts appointed by the
State Superintendent of Education, one member of the Office of the
Illinois Attorney General appointed by the Attorney General, one
member of the Illinois Association of Chiefs of Police appointed by
the Governor, one member of the Department of State Police appointed
by the Governor, and the State Superintendent of Education or the
State Superintendent of Education's designee; and be it further
RESOLVED, That any appointments made under Section 22-26 of the
School Code to fill any of the positions mentioned in this resolution
shall carry over and remain in effect for the purpose of this
resolution; and be it further
RESOLVED, That the task force shall meet initially at the call of
the Speaker of the House and the President of the Senate, shall
select one member as chairperson at its initial meeting, shall
thereafter meet at the call of the chairperson, shall identify and
review all school safety programs offered by schools and State
agencies and make recommendations of successful programs, including
without limitation peer mediation, shall study alternative education
programs and their current status, waiting lists, and capital needs,
shall, in cooperation with the State Board of Education, develop
uniform criteria to be implemented in school safety plans, shall make
recommendations on the streamlining, centralization, and coordination
of school safety resources and programs offered by various entities,
agencies, and government units, and shall submit a report on its
findings and recommendations to the General Assembly and the Governor
by July 1, 2000; and that upon filing its report the task force is
dissolved; and be it further
RESOLVED, That suitable copies of this resolution be delivered to
the President of the Senate, the Minority Leader of the Senate, the
Speaker of the House, the Minority Leader of the House, the Governor,
the State Superintendent of Education, the Illinois Principals
Association, and the Attorney General.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 1 was distributed to the Members at
1:05 o'clock p.m.
8100 JOURNAL OF THE [November 30, 1999]
ACTION ON VETO MOTIONS
Pursuant to the Motion submitted previously, Representative
Winkel moved that the House concur with the Senate in the acceptance
of the Governor's Specific Recommendations for Change to SENATE BILL
653, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 653 in manner and form as follows:
AMENDMENT TO SENATE BILL 653
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 653 on page 14, by replacing line 11 with the
following:
"2000, the Commission's Executive Director shall request the"; and
on page 14, by replacing line 16 with the following:
"2000, the Student Assistance Commission Student Loan Fund is".
And on that motion, a vote was taken resulting as follows:
113, Yeas; 2, Nays; 0, Answering Present.
(ROLL CALL 2)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House concurred with the Senate in
the adoption of the Governor's Specific Recommendations for Change.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative John
Turner moved that the House concur with the Senate in the acceptance
of the Governor's Specific Recommendations for Change to SENATE BILL
845, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 845 in manner and form as follows:
AMENDMENT TO SENATE BILL 845
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 845 on page 1, lines 5 and 6, by replacing ",
2-10.3, and 12-8.1" with "and 2-10.3"; and on page 9, by replacing
lines 2 through 9 with the following:
"Section 99. Effective date. This Act shall take effect January
1, 2000.".
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House concurred with the Senate in
the adoption of the Governor's Specific Recommendations for Change.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative
Winters moved that the House concur with the Senate in the acceptance
of the Governor's Specific Recommendations for Change to SENATE BILL
1068, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 1068 in manner and form as follows:
AMENDMENT TO SENATE BILL 1068
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 1068 as follows:
on page 2 by replacing all of the underlined language in lines 7
through 9 with ", except as permitted by the Code of Federal
Regulations for the taking of waterfowl"; and
on page 3, by replacing all of the underlined language in lines 2 and
3 with "and except as permitted by the Code of Federal Regulations
for the taking of waterfowl".
HOUSE OF REPRESENTATIVES 8101
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House concurred with the Senate in
the adoption of the Governor's Specific Recommendations for Change.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative
Holbrook moved that the House concur with the Senate in the
acceptance of the Governor's Specific Recommendations for Change to
SENATE BILL 464, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 464 in manner and form as follows:
AMENDMENT TO SENATE BILL 464
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 464 as follows:
on page 5, line 31, by inserting after the period the following:
"The Commission shall invest such assets with the care, skill,
prudence, and diligence under the circumstances then prevailing that
a prudent man acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like character
with like aims, and the Commission shall diversify the investments of
such assets so as to minimize the risk of large losses, unless under
the circumstances it is clearly prudent not to do so."; and
on page 8, by inserting immediately below line 3 the following:
"Section 99. Effective date. This Act takes effect January 1,
2000.".
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House concurred with the Senate in
the adoption of the Governor's Specific Recommendations for Change.
Ordered that the Clerk inform the Senate.
ACTION ON MOTIONS
Representative Black asked and obtained unanimous consent to
suspend the posting requirements so that HOUSE BILL 428 can be heard
in the Committee on Personnel & Pensions.
ACTION ON VETO MOTIONS
Pursuant to the Motion submitted previously, Representative
Hartke moved that the House concur with the Senate in the passage of
SENATE BILL 751, the Veto of the Governor notwithstanding. A
three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
24, Yeas; 89, Nays; 2, Answering Present.
(ROLL CALL 6)
Having failed to receive the votes of three-fifths of the Members
elected, the motion was declared lost.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative
Parke moved that the House concur with the Senate in the passage of
SENATE BILL 794, the Veto of the Governor notwithstanding. A
8102 JOURNAL OF THE [November 30, 1999]
three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
7, Yeas; 108, Nays; 0, Answering Present.
(ROLL CALL 7)
Having failed to receive the votes of three-fifths of the Members
elected, the motion was declared lost.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative Lang
moved that the House concur with the Senate in the passage of SENATE
BILL 1141, the Veto of the Governor notwithstanding. A three-fifths
vote is required.
And on that motion, a vote was taken resulting as follows:
85, Yeas; 30, Nays; 0, Answering Present.
(ROLL CALL 8)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House does concur with the Senate
in the passage of the bill, the Veto of the Governor notwithstanding.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative
Saviano moved that the House concur with the Senate in the passage of
SENATE BILL 812, the Veto of the Governor notwithstanding. A
three-fifths vote is required.
And on that motion, a vote was taken resulting as follows:
113, Yeas; 3, Nays; 0, Answering Present.
(ROLL CALL 9)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House does concur with the Senate
in the passage of the bill, the Veto of the Governor notwithstanding.
Ordered that the Clerk inform the Senate.
Pursuant to the Motion submitted previously, Representative Lou
Jones moved that the House concur with the Senate in the acceptance
of the Governor's Specific Recommendations for Change to SENATE BILL
847, by adoption of the following amendment:
I move to accept the specific recommendations of the Governor as
to Senate Bill 847 in manner and form as follows:
AMENDMENT TO SENATE BILL 847
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 847 on page 11, line 28, by replacing "24-1 and
24-3" with "24-1, 24-3, and 24-3.3"; and
on page 21, by inserting between lines 2 and 3 the following:
"(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the
Premises of Any School, regardless of the time of day or the time of
year, or any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related activity, or
residential property owned, operated or and managed by a public
housing agency. Any person 18 years of age or older who sells, gives
or delivers any firearm to any person under 18 years of age in any
school, regardless of the time of day or the time of year or
residential property owned, operated or and managed by a public
housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development, on the real property
comprising any school, regardless of the time of day or the time of
year or residential property owned, operated or and managed by a
public housing agency or leased by a public housing agency as part of
a scattered site or mixed-income development commits a Class 3
felony. School is defined, for the purposes of this Section, as any
public or private elementary or secondary school, community college,
HOUSE OF REPRESENTATIVES 8103
college or university. This does not apply to peace officers or to
students carrying or possessing firearms for use in school training
courses, parades, target shooting on school ranges, or otherwise with
the consent of school authorities and which firearms are transported
unloaded and enclosed in a suitable case, box or transportation
package.
(Source: P.A. 86-946; 87-524.)".
And on that motion, a vote was taken resulting as follows:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
The motion, having received the votes of three-fifths of the
Members elected, prevailed and the House concurred with the Senate in
the adoption of the Governor's Specific Recommendations for Change.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: SENATE
BILL 851.
CONCURRENCES AND NON-CONCURRENCES
IN SENATE AMENDMENT/S TO HOUSE BILLS
Senate Amendments numbered 2, 3 and 5 to HOUSE BILL 2773, having
been printed, were taken up for consideration.
Representative Black moved that the House refuse to concur with
the Senate in the adoption of Senate Amendments numbered 2, 3 and 5.
The motion prevailed.
Ordered that the Clerk inform the Senate.
RESOLUTIONS
HOUSE RESOLUTIONS 478, 479, 480, 481, 482, 483, 484, 485, 487,
488 and 489 were taken up for consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
At the hour of 4:21 o'clock p.m., Representative Currie moved
that the House do now adjourn until Wednesday, December 1, 1999, at
11:00 o'clock a.m.
The motion prevailed.
And the House stood adjourned.
8104 JOURNAL OF THE [November 30, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
NOV 30, 1999
0 YEAS 0 NAYS 116 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON E SHARP
E BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8105
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 653
H ED STU ASSIST-COL-UNIV FUND
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
113 YEAS 2 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
E FLOWERS Y LEITCH
E - Denotes Excused Absence
8106 JOURNAL OF THE [November 30, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 845
LASER POINTERS-PEACE OFFICERS
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
E FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8107
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1068
WLDLF CD-WTRFWL SESN-PROP DMGE
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
E FLOWERS Y LEITCH
E - Denotes Excused Absence
8108 JOURNAL OF THE [November 30, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 464
PREPD TUITION-BENE-ADVIS PANEL
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
E FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8109
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 751
FENCE ACT-HEDGE FENCE DEFINED
OVERRIDE TOTAL VETO
LOST
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
24 YEAS 89 NAYS 2 PRESENT
N ACEVEDO Y FOWLER N LINDNER Y RIGHTER
N BASSI N FRANKS N LOPEZ N RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT N LYONS,JOSEPH N RYDER
N BIGGINS N GASH N MATHIAS N SAVIANO
Y BLACK N GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE N SCHOENBERG
N BOST N GRANBERG N McCARTHY N SCOTT
N BRADLEY N HAMOS N McGUIRE N SCULLY
Y BRADY Y HANNIG N McKEON E SHARP
E BROSNAHAN Y HARRIS N MEYER N SILVA
N BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
N BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
N BURKE N HOEFT Y MOFFITT Y SMITH
N CAPPARELLI N HOFFMAN N MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN N MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM N NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS P JONES,LOU N O'CONNOR N WINKEL
N DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE P KENNER N PANKAU N WIRSING
N DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
N DELGADO N KOSEL N PERSICO N WOOLARD
N DURKIN N KRAUSE N POE N YOUNGE
N ERWIN N LANG Y PUGH N ZICKUS
N FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
E FLOWERS N LEITCH
E - Denotes Excused Absence
8110 JOURNAL OF THE [November 30, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 794
VEH CD-LICENSE SUSPENSION-ENDS
OVERRIDE TOTAL VETO
LOST
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
7 YEAS 108 NAYS 0 PRESENT
N ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS N LOPEZ N RONEN
N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT N LYONS,JOSEPH N RYDER
N BIGGINS N GASH N MATHIAS N SAVIANO
N BLACK N GIGLIO N MAUTINO N SCHMITZ
N BOLAND N GILES N McAULIFFE N SCHOENBERG
N BOST N GRANBERG N McCARTHY N SCOTT
N BRADLEY N HAMOS N McGUIRE N SCULLY
N BRADY N HANNIG N McKEON E SHARP
E BROSNAHAN N HARRIS N MEYER N SILVA
N BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER
N BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
N BURKE N HOEFT N MOFFITT N SMITH
N CAPPARELLI N HOFFMAN N MOORE N SOMMER
N COULSON N HOLBROOK N MORROW N STEPHENS
N COWLISHAW N HOWARD N MULLIGAN N STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
N CURRIE N JOHNSON,TOM N NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
A DART Y JONES,SHIRLEY N OSMOND N WINTERS
N DAVIS,MONIQUE N KENNER N PANKAU N WIRSING
N DAVIS,STEVE N KLINGLER Y PARKE N WOJCIK
N DELGADO N KOSEL N PERSICO N WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
N ERWIN N LANG N PUGH N ZICKUS
N FEIGENHOLTZ N LAWFER N REITZ N MR. SPEAKER
N FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8111
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1141
MUNI CD-MUNICIPALITY-CABLE TV
OVERRIDE TOTAL VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
85 YEAS 30 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
Y BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK N GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY N HANNIG Y McKEON E SHARP
E BROSNAHAN N HARRIS Y MEYER N SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN N MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE Y KLINGLER A PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ N MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
8112 JOURNAL OF THE [November 30, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 812
PUB CONSTRUCT CONTRCT ACT
OVERRIDE TOTAL VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
113 YEAS 3 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN N HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8113
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 847
JUV CT-CRIM CD-PUBLIC HOUSING
ACCEPT AMENDATORY VETO
PREVAILED
THREE-FIFTHS VOTE REQUIRED
NOV 30, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON E SHARP
E BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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