SB1310 EngrossedLRB096 09456 RLC 19613 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 5. The Criminal Code of 1961 is amended by adding
6headings for Subdivisions 1, 5, 10, 15, 20, and 25 of Article
712, by adding Sections 12-0.1 and 12-4.4a, by changing Sections
812-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4.5, 12-5, 12-5.1,
912-5.2, 12-5.5, 12-6, 12-6.2, 12-6.4, 12-7, 12-7.1, 12-7.3,
1012-7.4, 12-7.5, 12-7.6, 12-9, 12-10.2, 12-20, 12-20.5, 12-32,
1112-33, 12-34, and 12-35, and by changing and renumbering
12Sections 12-2.5, 12-2.6, 12-4, 12-5.15, 12-6.1, 12-6.3,
1312-16.2, 12-30, 12-31, 45-1, and 45-2 as follows:
 
14    (720 ILCS 5/Art. 12, Subdiv. 1 heading new)
15
SUBDIVISION 1. DEFINITIONS

 
16    (720 ILCS 5/12-0.1 new)
17    Sec. 12-0.1. Definitions. In this Article, unless the
18context clearly requires otherwise:
19    "Bona fide labor dispute" means any controversy concerning
20wages, salaries, hours, working conditions, or benefits,
21including health and welfare, sick leave, insurance, and

 

 

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1pension or retirement provisions, the making or maintaining of
2collective bargaining agreements, and the terms to be included
3in those agreements.
4    "Coach" means a person recognized as a coach by the
5sanctioning authority that conducts an athletic contest.
6    "Correctional institution employee" means a person
7employed by a penal institution.
8    "Emergency medical technician" includes a paramedic,
9ambulance driver, first aid worker, hospital worker, or other
10medical assistance worker.
11    "Family or household members" include spouses, former
12spouses, parents, children, stepchildren, and other persons
13related by blood or by present or prior marriage, persons who
14share or formerly shared a common dwelling, persons who have or
15allegedly have a child in common, persons who share or
16allegedly share a blood relationship through a child, persons
17who have or have had a dating or engagement relationship,
18persons with disabilities and their personal assistants, and
19caregivers as defined in Section 12-4.4a of this Code. For
20purposes of this Article, neither a casual acquaintanceship nor
21ordinary fraternization between 2 individuals in business or
22social contexts shall be deemed to constitute a dating
23relationship.
24    "In the presence of a child" means in the physical presence
25of a child or knowing or having reason to know that a child is
26present and may see or hear an act constituting an offense.

 

 

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1    "Park district employee" means a supervisor, director,
2instructor, or other person employed by a park district.
3    "Physically handicapped person" means a person who suffers
4from a permanent and disabling physical characteristic,
5resulting from disease, injury, functional disorder, or
6congenital condition.
7    "Private security officer" means a registered employee of a
8private security contractor agency under the Private
9Detective, Private Alarm, Private Security, Fingerprint
10Vendor, and Locksmith Act of 2004.
11    "Probation officer" means a person as defined in the
12Probation and Probation Officers Act.
13    "Sports official" means a person at an athletic contest who
14enforces the rules of the contest, such as an umpire or
15referee.
16    "Sports venue" means a publicly or privately owned sports
17or entertainment arena, stadium, community or convention hall,
18special event center, or amusement facility, or a special event
19center in a public park, during the 12 hours before or after
20the sanctioned sporting event.
21    "Streetgang", "streetgang member", and "criminal street
22gang" have the meanings ascribed to those terms in Section 10
23of the Illinois Streetgang Terrorism Omnibus Prevention Act.
24    "Transit employee" means a driver, operator, or employee of
25any transportation facility or system engaged in the business
26of transporting the public for hire.

 

 

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1    "Transit passenger" means a passenger of any
2transportation facility or system engaged in the business of
3transporting the public for hire, including a passenger using
4any area designated by a transportation facility or system as a
5vehicle boarding, departure, or transfer location.
6    "Utility worker" means any of the following:
7        (1) A person employed by a public utility as defined in
8    Section 3-105 of the Public Utilities Act.
9        (2) An employee of a municipally owned utility.
10        (3) An employee of a cable television company.
11        (4) An employee of an electric cooperative as defined
12    in Section 3-119 of the Public Utilities Act.
13        (5) An independent contractor or an employee of an
14    independent contractor working on behalf of a cable
15    television company, public utility, municipally owned
16    utility, or electric cooperative.
17        (6) An employee of a telecommunications carrier as
18    defined in Section 13-202 of the Public Utilities Act, or
19    an independent contractor or an employee of an independent
20    contractor working on behalf of a telecommunications
21    carrier.
22        (7) An employee of a telephone or telecommunications
23    cooperative as defined in Section 13-212 of the Public
24    Utilities Act, or an independent contractor or an employee
25    of an independent contractor working on behalf of a
26    telephone or telecommunications cooperative.
 

 

 

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1    (720 ILCS 5/Art. 12, Subdiv. 5 heading new)
2
SUBDIVISION 5. ASSAULT AND BATTERY

 
3    (720 ILCS 5/12-1)  (from Ch. 38, par. 12-1)
4    Sec. 12-1. Assault.
5    (a) A person commits an assault when, without lawful
6authority, he or she knowingly engages in conduct which places
7another in reasonable apprehension of receiving a battery.
8    (b) Sentence. Assault is a Class C misdemeanor.
9    (c) In addition to any other sentence that may be imposed,
10a court shall order any person convicted of assault to perform
11community service for not less than 30 and not more than 120
12hours, if community service is available in the jurisdiction
13and is funded and approved by the county board of the county
14where the offense was committed. In addition, whenever any
15person is placed on supervision for an alleged offense under
16this Section, the supervision shall be conditioned upon the
17performance of the community service.
18    This subsection does not apply when the court imposes a
19sentence of incarceration.
20(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
 
21    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
22    Sec. 12-2. Aggravated assault.
23    (a) Offense based on location of conduct. A person commits

 

 

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1aggravated assault when he or she commits an assault against an
2individual who is on or about a public way, public property, a
3public place of accommodation or amusement, or a sports venue.
4    (b) Offense based on status of victim. A person commits
5aggravated assault when, in committing an assault, he or she
6knows the individual assaulted to be any of the following:
7        (1) A physically handicapped person or a person 60
8    years of age or older and the assault is without legal
9    justification.
10        (2) A teacher or school employee upon school grounds or
11    grounds adjacent to a school or in any part of a building
12    used for school purposes.
13        (3) A park district employee upon park grounds or
14    grounds adjacent to a park or in any part of a building
15    used for park purposes.
16        (4) A peace officer, community policing volunteer,
17    fireman, private security officer, emergency management
18    worker, emergency medical technician, or utility worker:
19            (i) performing his or her official duties;
20            (ii) assaulted to prevent performance of his or her
21        official duties; or
22            (iii) assaulted in retaliation for performing his
23        or her official duties.
24        (5) A correctional officer or probation officer:
25            (i) performing his or her official duties;
26            (ii) assaulted to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (6) A correctional institution employee, Department of
5    Human Services employee, Department of Human Services
6    officer or employee of a subcontractor of the Department of
7    Human Services supervising or controlling sexually
8    dangerous persons or sexually violent persons:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or her
11        official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (7) An employee of the State of Illinois, a municipal
15    corporation therein, or a political subdivision thereof,
16    performing his or her official duties.
17        (8) A transit employee performing his or her official
18    duties, or a transit passenger.
19        (9) A sports official or coach actively participating
20    in any level of athletic competition within a sports venue,
21    on an indoor playing field or outdoor playing field, or
22    within the immediate vicinity of such a facility or field.
23    (c) Offense based on use of firearm, device, or motor
24vehicle. A person commits aggravated assault when, in
25committing an assault, he or she does any of the following:
26        (1) Uses a deadly weapon, an air rifle as defined in

 

 

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1    the Air Rifle Act, or any device manufactured and designed
2    to be substantially similar in appearance to a firearm,
3    other than by discharging a firearm.
4        (2) Discharges a firearm, other than from a motor
5    vehicle.
6        (3) Discharges a firearm from a motor vehicle.
7        (4) Wears a hood, robe, or mask to conceal his or her
8    identity.
9        (5) Knowingly and without lawful justification shines
10    or flashes a laser gun sight or other laser device attached
11    to a firearm, or used in concert with a firearm, so that
12    the laser beam strikes near or in the immediate vicinity of
13    any person.
14        (6) Uses a firearm, other than by discharging the
15    firearm, against a peace officer, community policing
16    volunteer, fireman, private security officer, emergency
17    management worker, emergency medical technician, employee
18    of a police department, employee of a sheriff's department,
19    or traffic control municipal employee:
20            (i) performing his or her official duties;
21            (ii) assaulted to prevent performance of his or her
22        official duties; or
23            (iii) assaulted in retaliation for performing his
24        or her official duties.
25        (7) Without justification operates a motor vehicle in a
26    manner which places a person, other than a person listed in

 

 

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1    subdivision (b)(4), in reasonable apprehension of being
2    struck by the moving motor vehicle.
3        (8) Without justification operates a motor vehicle in a
4    manner which places a person listed in subdivision (b)(4),
5    in reasonable apprehension of being struck by the moving
6    motor vehicle.
7    (d) Sentence. Aggravated assault as defined in subdivision
8(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
9(c)(1), or (c)(4) is a Class A misdemeanor, except that
10aggravated assault as defined in subdivision (b)(4) and (b)(7)
11is a Class 4 felony if a Category I, Category II, or Category
12III weapon is used in the commission of the assault. Aggravated
13assault as defined in subdivision (b)(5), (b)(6), (c)(2),
14(c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated
15assault as defined in subdivision (c)(3) or (c)(8) is a Class 3
16felony.
17    (e) For the purposes of this Section, "Category I weapon",
18"Category II weapon, and "Category III weapon" have the
19meanings ascribed to those terms in Section 33A-1 of this Code.
20    (a) A person commits an aggravated assault, when, in
21committing an assault, he:
22        (1) Uses a deadly weapon, an air rifle as defined in
23    the Air Rifle Act, or any device manufactured and designed
24    to be substantially similar in appearance to a firearm,
25    other than by discharging a firearm in the direction of
26    another person, a peace officer, a person summoned or

 

 

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1    directed by a peace officer, a correctional officer, a
2    private security officer, or a fireman or in the direction
3    of a vehicle occupied by another person, a peace officer, a
4    person summoned or directed by a peace officer, a
5    correctional officer, a private security officer, or a
6    fireman while the officer or fireman is engaged in the
7    execution of any of his official duties, or to prevent the
8    officer or fireman from performing his official duties, or
9    in retaliation for the officer or fireman performing his
10    official duties;
11        (2) Is hooded, robed or masked in such manner as to
12    conceal his identity or any device manufactured and
13    designed to be substantially similar in appearance to a
14    firearm;
15        (3) Knows the individual assaulted to be a teacher or
16    other person employed in any school and such teacher or
17    other employee is upon the grounds of a school or grounds
18    adjacent thereto, or is in any part of a building used for
19    school purposes;
20        (4) Knows the individual assaulted to be a supervisor,
21    director, instructor or other person employed in any park
22    district and such supervisor, director, instructor or
23    other employee is upon the grounds of the park or grounds
24    adjacent thereto, or is in any part of a building used for
25    park purposes;
26        (5) Knows the individual assaulted to be a caseworker,

 

 

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1    investigator, or other person employed by the Department of
2    Healthcare and Family Services (formerly State Department
3    of Public Aid), a County Department of Public Aid, or the
4    Department of Human Services (acting as successor to the
5    Illinois Department of Public Aid under the Department of
6    Human Services Act) and such caseworker, investigator, or
7    other person is upon the grounds of a public aid office or
8    grounds adjacent thereto, or is in any part of a building
9    used for public aid purposes, or upon the grounds of a home
10    of a public aid applicant, recipient or any other person
11    being interviewed or investigated in the employee's
12    discharge of his duties, or on grounds adjacent thereto, or
13    is in any part of a building in which the applicant,
14    recipient, or other such person resides or is located;
15        (6) Knows the individual assaulted to be a peace
16    officer, a community policing volunteer, a private
17    security officer, or a fireman while the officer or fireman
18    is engaged in the execution of any of his official duties,
19    or to prevent the officer, community policing volunteer, or
20    fireman from performing his official duties, or in
21    retaliation for the officer, community policing volunteer,
22    or fireman performing his official duties, and the assault
23    is committed other than by the discharge of a firearm in
24    the direction of the officer or fireman or in the direction
25    of a vehicle occupied by the officer or fireman;
26        (7) Knows the individual assaulted to be an emergency

 

 

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1    medical technician - ambulance, emergency medical
2    technician - intermediate, emergency medical technician -
3    paramedic, ambulance driver or other medical assistance or
4    first aid personnel engaged in the execution of any of his
5    official duties, or to prevent the emergency medical
6    technician - ambulance, emergency medical technician -
7    intermediate, emergency medical technician - paramedic,
8    ambulance driver, or other medical assistance or first aid
9    personnel from performing his official duties, or in
10    retaliation for the emergency medical technician -
11    ambulance, emergency medical technician - intermediate,
12    emergency medical technician - paramedic, ambulance
13    driver, or other medical assistance or first aid personnel
14    performing his official duties;
15        (8) Knows the individual assaulted to be the driver,
16    operator, employee or passenger of any transportation
17    facility or system engaged in the business of
18    transportation of the public for hire and the individual
19    assaulted is then performing in such capacity or then using
20    such public transportation as a passenger or using any area
21    of any description designated by the transportation
22    facility or system as a vehicle boarding, departure, or
23    transfer location;
24        (9) Or the individual assaulted is on or about a public
25    way, public property, or public place of accommodation or
26    amusement;

 

 

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1        (9.5) Is, or the individual assaulted is, in or about a
2    publicly or privately owned sports or entertainment arena,
3    stadium, community or convention hall, special event
4    center, amusement facility, or a special event center in a
5    public park during any 24-hour period when a professional
6    sporting event, National Collegiate Athletic Association
7    (NCAA)-sanctioned sporting event, United States Olympic
8    Committee-sanctioned sporting event, or International
9    Olympic Committee-sanctioned sporting event is taking
10    place in this venue;
11        (10) Knows the individual assaulted to be an employee
12    of the State of Illinois, a municipal corporation therein
13    or a political subdivision thereof, engaged in the
14    performance of his authorized duties as such employee;
15        (11) Knowingly and without legal justification,
16    commits an assault on a physically handicapped person;
17        (12) Knowingly and without legal justification,
18    commits an assault on a person 60 years of age or older;
19        (13) Discharges a firearm, other than from a motor
20    vehicle;
21        (13.5) Discharges a firearm from a motor vehicle;
22        (14) Knows the individual assaulted to be a
23    correctional officer, while the officer is engaged in the
24    execution of any of his or her official duties, or to
25    prevent the officer from performing his or her official
26    duties, or in retaliation for the officer performing his or

 

 

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1    her official duties;
2        (14.5) Knows the individual assaulted to be a probation
3    officer, as defined in the Probation and Probation Officers
4    Act, while the officer is engaged in the execution of any
5    of his or her official duties, or to prevent the officer
6    from performing his or her official duties, or in
7    retaliation for the officer performing his or her official
8    duties;
9        (15) Knows the individual assaulted to be a
10    correctional employee or an employee or officer of the
11    Department of Human Services supervising or controlling
12    sexually dangerous persons or sexually violent persons, or
13    an employee of a subcontractor of the Department of Human
14    Services supervising or controlling sexually dangerous
15    persons or sexually violent persons, while the employee or
16    officer is engaged in the execution of any of his or her
17    official duties, or to prevent the employee or officer from
18    performing his or her official duties, or in retaliation
19    for the employee or officer performing his or her official
20    duties, and the assault is committed other than by the
21    discharge of a firearm in the direction of the employee or
22    officer or in the direction of a vehicle occupied by the
23    employee or officer;
24        (16) Knows the individual assaulted to be an employee
25    of a police or sheriff's department, or a person who is
26    employed by a municipality and whose duties include traffic

 

 

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1    control, engaged in the performance of his or her official
2    duties as such employee;
3        (17) Knows the individual assaulted to be a sports
4    official or coach at any level of competition and the act
5    causing the assault to the sports official or coach
6    occurred within an athletic facility or an indoor or
7    outdoor playing field or within the immediate vicinity of
8    the athletic facility or an indoor or outdoor playing field
9    at which the sports official or coach was an active
10    participant in the athletic contest held at the athletic
11    facility. For the purposes of this paragraph (17), "sports
12    official" means a person at an athletic contest who
13    enforces the rules of the contest, such as an umpire or
14    referee; and "coach" means a person recognized as a coach
15    by the sanctioning authority that conducted the athletic
16    contest;
17        (18) Knows the individual assaulted to be an emergency
18    management worker, while the emergency management worker
19    is engaged in the execution of any of his or her official
20    duties, or to prevent the emergency management worker from
21    performing his or her official duties, or in retaliation
22    for the emergency management worker performing his or her
23    official duties, and the assault is committed other than by
24    the discharge of a firearm in the direction of the
25    emergency management worker or in the direction of a
26    vehicle occupied by the emergency management worker; or

 

 

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1        (19) Knows the individual assaulted to be a utility
2    worker, while the utility worker is engaged in the
3    execution of his or her duties, or to prevent the utility
4    worker from performing his or her duties, or in retaliation
5    for the utility worker performing his or her duties. In
6    this paragraph (19), "utility worker" means a person
7    employed by a public utility as defined in Section 3-105 of
8    the Public Utilities Act and also includes an employee of a
9    municipally owned utility, an employee of a cable
10    television company, an employee of an electric cooperative
11    as defined in Section 3-119 of the Public Utilities Act, an
12    independent contractor or an employee of an independent
13    contractor working on behalf of a cable television company,
14    public utility, municipally owned utility, or an electric
15    cooperative, or an employee of a telecommunications
16    carrier as defined in Section 13-202 of the Public
17    Utilities Act, an independent contractor or an employee of
18    an independent contractor working on behalf of a
19    telecommunications carrier, or an employee of a telephone
20    or telecommunications cooperative as defined in Section
21    13-212 of the Public Utilities Act, or an independent
22    contractor or an employee of an independent contractor
23    working on behalf of a telephone or telecommunications
24    cooperative.
25    (a-5) A person commits an aggravated assault when he or she
26knowingly and without lawful justification shines or flashes a

 

 

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1laser gunsight or other laser device that is attached or
2affixed to a firearm, or used in concert with a firearm, so
3that the laser beam strikes near or in the immediate vicinity
4of any person.
5    (a-10) A person commits an aggravated assault when he or
6she knowingly and without justification operates a motor
7vehicle in a manner which places a person in reasonable
8apprehension of being struck by a moving vehicle.
9    (b) Sentence.
10    Aggravated assault as defined in paragraphs (1) through (5)
11and (8) through (12) and (17) and (19) of subsection (a) of
12this Section is a Class A misdemeanor. Aggravated assault as
13defined in paragraphs (13), (14), (14.5), and (15) of
14subsection (a) of this Section and as defined in subsection
15(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
16assault as defined in paragraphs (6) and (16) of subsection (a)
17of this Section is a Class A misdemeanor if a Category I,
18Category II, or Category III weapon is not used in the
19commission of the assault. Aggravated assault as defined in
20paragraphs (6) and (16) of subsection (a) of this Section is a
21Class 4 felony if a Category I, Category II, or Category III
22weapon is used in the commission of the assault. Aggravated
23assault as defined in paragraphs (7) and (18) of subsection (a)
24of this Section is a Class A misdemeanor if a firearm is not
25used in the commission of the assault. Aggravated assault as
26defined in paragraphs (7) and (18) of subsection (a) of this

 

 

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1Section is a Class 4 felony if a firearm is used in the
2commission of the assault. Aggravated assault as defined in
3subsection (a-10) where the victim was a person defined in
4paragraph (6) or paragraph (13.5) of subsection (a) is a Class
53 felony. For the purposes of this subsection (b), "Category I
6weapon", "Category II weapon", and "Category III weapon" have
7the meanings ascribed to those terms in subsection (c) of
8Section 33A-1 of this Code.
9    (c) For the purposes of paragraphs (1) and (6) of
10subsection (a), "private security officer" means a registered
11employee of a private security contractor agency under the
12Private Detective, Private Alarm, Private Security,
13Fingerprint Vendor, and Locksmith Act of 2004.
14(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
1595-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
169-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
17eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
18revised 9-16-10.)
 
19    (720 ILCS 5/12-3)  (from Ch. 38, par. 12-3)
20    Sec. 12-3. Battery.
21    (a) A person commits battery if he or she intentionally or
22knowingly without legal justification and by any means, (1)
23causes bodily harm to an individual or (2) makes physical
24contact of an insulting or provoking nature with an individual.
25    (b) Sentence.

 

 

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1    Battery is a Class A misdemeanor.
2(Source: P.A. 77-2638.)
 
3    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
4    Sec. 12-3.05 12-4. Aggravated battery Battery.
5    (a) Offense based on injury. A person commits aggravated
6battery when, in committing a battery, other than by the
7discharge of a firearm, he or she knowingly does any of the
8following:
9        (1) Causes great bodily harm or permanent disability or
10    disfigurement.
11        (2) Causes severe and permanent disability, great
12    bodily harm, or disfigurement by means of a caustic or
13    flammable substance, a poisonous gas, a deadly biological
14    or chemical contaminant or agent, a radioactive substance,
15    or a bomb or explosive compound.
16        (3) Causes great bodily harm or permanent disability or
17    disfigurement to an individual whom the person knows to be
18    a peace officer, community policing volunteer, fireman,
19    private security officer, correctional institution
20    employee, or Department of Human Services employee
21    supervising or controlling sexually dangerous persons or
22    sexually violent persons:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or

 

 

SB1310 Engrossed- 20 -LRB096 09456 RLC 19613 b

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (4) Causes great bodily harm or permanent disability or
4    disfigurement to an individual 60 years of age or older.
5        (5) Strangles another individual.
6    (b) Offense based on injury to a child or mentally retarded
7person. A person who is at least 18 years of age commits
8aggravated battery when, in committing a battery, he or she
9knowingly and without legal justification by any means:
10        (1) causes great bodily harm or permanent disability or
11    disfigurement to any child under the age of 13 years, or to
12    any severely or profoundly mentally retarded person; or
13        (2) causes bodily harm or disability or disfigurement
14    to any child under the age of 13 years or to any severely
15    or profoundly mentally retarded person.
16    (c) Offense based on location of conduct. A person commits
17aggravated battery when, in committing a battery, other than by
18the discharge of a firearm, he or she is or the person battered
19is on or about a public way, public property, a public place of
20accommodation or amusement, a sports venue, or a domestic
21violence shelter.
22    (d) Offense based on status of victim. A person commits
23aggravated battery when, in committing a battery, other than by
24discharge of a firearm, he or she knows the individual battered
25to be any of the following:
26        (1) A person 60 years of age or older.

 

 

SB1310 Engrossed- 21 -LRB096 09456 RLC 19613 b

1        (2) A person who is pregnant or physically handicapped.
2        (3) A teacher or school employee upon school grounds or
3    grounds adjacent to a school or in any part of a building
4    used for school purposes.
5        (4) A peace officer, community policing volunteer,
6    fireman, private security officer, correctional
7    institution employee, or Department of Human Services
8    employee supervising or controlling sexually dangerous
9    persons or sexually violent persons:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (5) A judge, emergency management worker, emergency
16    medical technician, or utility worker:
17            (i) performing his or her official duties;
18            (ii) battered to prevent performance of his or her
19        official duties; or
20            (iii) battered in retaliation for performing his
21        or her official duties.
22        (6) An officer or employee of the State of Illinois, a
23    unit of local government, or a school district, while
24    performing his or her official duties.
25        (7) A transit employee performing his or her official
26    duties, or a transit passenger.

 

 

SB1310 Engrossed- 22 -LRB096 09456 RLC 19613 b

1        (8) A taxi driver on duty.
2        (9) A merchant who detains the person for an alleged
3    commission of retail theft under Section 16A-5 of this Code
4    and the person without legal justification by any means
5    causes bodily harm to the merchant.
6    (e) Offense based on use of a firearm. A person commits
7aggravated battery when, in committing a battery, he or she
8knowingly does any of the following:
9        (1) Discharges a firearm, other than a machine gun or a
10    firearm equipped with a silencer, and causes any injury to
11    another person.
12        (2) Discharges a firearm, other than a machine gun or a
13    firearm equipped with a silencer, and causes any injury to
14    a person he or she knows to be a peace officer, community
15    policing volunteer, person summoned by a police officer,
16    fireman, private security officer, correctional
17    institution employee, or emergency management worker:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (3) Discharges a firearm, other than a machine gun or a
24    firearm equipped with a silencer, and causes any injury to
25    a person he or she knows to be an emergency medical
26    technician employed by a municipality or other

 

 

SB1310 Engrossed- 23 -LRB096 09456 RLC 19613 b

1    governmental unit:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (4) Discharges a firearm and causes any injury to a
8    person he or she knows to be a teacher, a student in a
9    school, or a school employee, and the teacher, student, or
10    employee is upon school grounds or grounds adjacent to a
11    school or in any part of a building used for school
12    purposes.
13        (5) Discharges a machine gun or a firearm equipped with
14    a silencer, and causes any injury to another person.
15        (6) Discharges a machine gun or a firearm equipped with
16    a silencer, and causes any injury to a person he or she
17    knows to be a peace officer, community policing volunteer,
18    person summoned by a police officer, fireman, private
19    security officer, correctional institution employee or
20    emergency management worker:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (7) Discharges a machine gun or a firearm equipped with

 

 

SB1310 Engrossed- 24 -LRB096 09456 RLC 19613 b

1    a silencer, and causes any injury to a person he or she
2    knows to be an emergency medical technician employed by a
3    municipality or other governmental unit:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (8) Discharges a machine gun or a firearm equipped with
10    a silencer, and causes any injury to a person he or she
11    knows to be a teacher, or a student in a school, or a
12    school employee, and the teacher, student, or employee is
13    upon school grounds or grounds adjacent to a school or in
14    any part of a building used for school purposes.
15    (f) Offense based on use of a weapon or device. A person
16commits aggravated battery when, in committing a battery, he or
17she does any of the following:
18        (1) Uses a deadly weapon other than by discharge of a
19    firearm, or uses an air rifle as defined in the Air Rifle
20    Act.
21        (2) Wears a hood, robe, or mask to conceal his or her
22    identity.
23        (3) Knowingly and without lawful justification shines
24    or flashes a laser gunsight or other laser device attached
25    to a firearm, or used in concert with a firearm, so that
26    the laser beam strikes upon or against the person of

 

 

SB1310 Engrossed- 25 -LRB096 09456 RLC 19613 b

1    another.
2    (g) Offense based on certain conduct. A person commits
3aggravated battery when, other than by discharge of a firearm,
4he or she does any of the following:
5        (1) Violates Section 401 of the Illinois Controlled
6    Substances Act by unlawfully delivering a controlled
7    substance to another and any user experiences great bodily
8    harm or permanent disability as a result of the injection,
9    inhalation, or ingestion of any amount of the controlled
10    substance.
11        (2) Knowingly administers to an individual or causes
12    him or her to take, without his or her consent or by threat
13    or deception, and for other than medical purposes, any
14    intoxicating, poisonous, stupefying, narcotic, anesthetic,
15    or controlled substance, or gives to another person any
16    food containing any substance or object intended to cause
17    physical injury if eaten.
18        (3) Knowingly causes or attempts to cause a
19    correctional institution employee or Department of Human
20    Services employee to come into contact with blood, seminal
21    fluid, urine, or feces by throwing, tossing, or expelling
22    the fluid or material, and the person is an inmate of a
23    penal institution or is a sexually dangerous person or
24    sexually violent person in the custody of the Department of
25    Human Services.
26    (h) Sentence. Unless otherwise provided, aggravated

 

 

SB1310 Engrossed- 26 -LRB096 09456 RLC 19613 b

1battery is a Class 3 felony.
2    Aggravated battery as defined in subdivision (a)(4),
3(d)(4), or (g)(3) is a Class 2 felony.
4    Aggravated battery as defined in subdivision (a)(3) or
5(g)(1) is a Class 1 felony.
6    Aggravated battery under subdivision (a)(5) is a Class 1
7felony if:
8        (A) the person used or attempted to use a dangerous
9    instrument while committing the offense; or
10        (B) the person caused great bodily harm or permanent
11    disability or disfigurement to the other person while
12    committing the offense; or
13        (C) the person has been previously convicted of a
14    violation of subdivision (a)(5) under the laws of this
15    State or laws similar to subdivision (a)(5) of any other
16    state.
17    Aggravated battery as defined in subdivision (e)(1) is a
18Class X felony.
19    Aggravated battery as defined in subdivision (a)(2) is a
20Class X felony for which a person shall be sentenced to a term
21of imprisonment of a minimum of 6 years and a maximum of 45
22years.
23    Aggravated battery as defined in subdivision (e)(5) is a
24Class X felony for which a person shall be sentenced to a term
25of imprisonment of a minimum of 12 years and a maximum of 45
26years.

 

 

SB1310 Engrossed- 27 -LRB096 09456 RLC 19613 b

1    Aggravated battery as defined in subdivision (e)(2),
2(e)(3), or (e)(4) is a Class X felony for which a person shall
3be sentenced to a term of imprisonment of a minimum of 15 years
4and a maximum of 60 years.
5    Aggravated battery as defined in subdivision (e)(6),
6(e)(7), or (e)(8) is a Class X felony for which a person shall
7be sentenced to a term of imprisonment of a minimum of 20 years
8and a maximum of 60 years.
9    Aggravated battery as defined in subdivision (b)(1) is a
10Class X felony, except that:
11        (1) if the person committed the offense while armed
12    with a firearm, 15 years shall be added to the term of
13    imprisonment imposed by the court;
14        (2) if, during the commission of the offense, the
15    person personally discharged a firearm, 20 years shall be
16    added to the term of imprisonment imposed by the court;
17        (3) if, during the commission of the offense, the
18    person personally discharged a firearm that proximately
19    caused great bodily harm, permanent disability, permanent
20    disfigurement, or death to another person, 25 years or up
21    to a term of natural life shall be added to the term of
22    imprisonment imposed by the court.
23    (i) Definitions. For the purposes of this Section:
24    "Building or other structure used to provide shelter" has
25the meaning ascribed to "shelter" in Section 1 of the Domestic
26Violence Shelters Act.

 

 

SB1310 Engrossed- 28 -LRB096 09456 RLC 19613 b

1    "Domestic violence" has the meaning ascribed to it in
2Section 103 of the Illinois Domestic Violence Act of 1986.
3    "Domestic violence shelter" means any building or other
4structure used to provide shelter or other services to victims
5or to the dependent children of victims of domestic violence
6pursuant to the Illinois Domestic Violence Act of 1986 or the
7Domestic Violence Shelters Act, or any place within 500 feet of
8such a building or other structure in the case of a person who
9is going to or from such a building or other structure.
10    "Firearm" has the meaning provided under Section 1.1 of the
11Firearm Owners Identification Card Act, and does not include an
12air rifle as defined by Section 1 of the Air Rifle Act.
13    "Machine gun" has the meaning ascribed to it in Section
1424-1 of this Code.
15    "Merchant" has the meaning ascribed to it in Section
1616A-2.4 of this Code.
17    "Strangle" means intentionally impeding the normal
18breathing or circulation of the blood of an individual by
19applying pressure on the throat or neck of that individual or
20by blocking the nose or mouth of that individual.
21    (a) A person who, in committing a battery, intentionally or
22knowingly causes great bodily harm, or permanent disability or
23disfigurement commits aggravated battery.
24    (b) In committing a battery, a person commits aggravated
25battery if he or she:
26        (1) Uses a deadly weapon other than by the discharge of

 

 

SB1310 Engrossed- 29 -LRB096 09456 RLC 19613 b

1    a firearm, or uses an air rifle as defined in the Air Rifle
2    Act;
3        (2) Is hooded, robed or masked, in such manner as to
4    conceal his identity;
5        (3) Knows the individual harmed to be a teacher or
6    other person employed in any school and such teacher or
7    other employee is upon the grounds of a school or grounds
8    adjacent thereto, or is in any part of a building used for
9    school purposes;
10        (4) (Blank);
11        (5) (Blank);
12        (6) Knows the individual harmed to be a community
13    policing volunteer while such volunteer is engaged in the
14    execution of any official duties, or to prevent the
15    volunteer from performing official duties, or in
16    retaliation for the volunteer performing official duties,
17    and the battery is committed other than by the discharge of
18    a firearm;
19        (7) Knows the individual harmed to be an emergency
20    medical technician - ambulance, emergency medical
21    technician - intermediate, emergency medical technician -
22    paramedic, ambulance driver, other medical assistance,
23    first aid personnel, or hospital personnel engaged in the
24    performance of any of his or her official duties, or to
25    prevent the emergency medical technician - ambulance,
26    emergency medical technician - intermediate, emergency

 

 

SB1310 Engrossed- 30 -LRB096 09456 RLC 19613 b

1    medical technician - paramedic, ambulance driver, other
2    medical assistance, first aid personnel, or hospital
3    personnel from performing official duties, or in
4    retaliation for performing official duties;
5        (8) Is, or the person battered is, on or about a public
6    way, public property or public place of accommodation or
7    amusement;
8        (8.5) Is, or the person battered is, on a publicly or
9    privately owned sports or entertainment arena, stadium,
10    community or convention hall, special event center,
11    amusement facility, or a special event center in a public
12    park during any 24-hour period when a professional sporting
13    event, National Collegiate Athletic Association
14    (NCAA)-sanctioned sporting event, United States Olympic
15    Committee-sanctioned sporting event, or International
16    Olympic Committee-sanctioned sporting event is taking
17    place in this venue;
18        (9) Knows the individual harmed to be the driver,
19    operator, employee or passenger of any transportation
20    facility or system engaged in the business of
21    transportation of the public for hire and the individual
22    assaulted is then performing in such capacity or then using
23    such public transportation as a passenger or using any area
24    of any description designated by the transportation
25    facility or system as a vehicle boarding, departure, or
26    transfer location;

 

 

SB1310 Engrossed- 31 -LRB096 09456 RLC 19613 b

1        (10) Knows the individual harmed to be an individual of
2    60 years of age or older;
3        (11) Knows the individual harmed is pregnant;
4        (12) Knows the individual harmed to be a judge whom the
5    person intended to harm as a result of the judge's
6    performance of his or her official duties as a judge;
7        (13) (Blank);
8        (14) Knows the individual harmed to be a person who is
9    physically handicapped;
10        (15) Knowingly and without legal justification and by
11    any means causes bodily harm to a merchant who detains the
12    person for an alleged commission of retail theft under
13    Section 16A-5 of this Code. In this item (15), "merchant"
14    has the meaning ascribed to it in Section 16A-2.4 of this
15    Code;
16        (16) Is, or the person battered is, in any building or
17    other structure used to provide shelter or other services
18    to victims or to the dependent children of victims of
19    domestic violence pursuant to the Illinois Domestic
20    Violence Act of 1986 or the Domestic Violence Shelters Act,
21    or the person battered is within 500 feet of such a
22    building or other structure while going to or from such a
23    building or other structure. "Domestic violence" has the
24    meaning ascribed to it in Section 103 of the Illinois
25    Domestic Violence Act of 1986. "Building or other structure
26    used to provide shelter" has the meaning ascribed to

 

 

SB1310 Engrossed- 32 -LRB096 09456 RLC 19613 b

1    "shelter" in Section 1 of the Domestic Violence Shelters
2    Act;
3        (17) (Blank);
4        (18) Knows the individual harmed to be an officer or
5    employee of the State of Illinois, a unit of local
6    government, or school district engaged in the performance
7    of his or her authorized duties as such officer or
8    employee;
9        (19) Knows the individual harmed to be an emergency
10    management worker engaged in the performance of any of his
11    or her official duties, or to prevent the emergency
12    management worker from performing official duties, or in
13    retaliation for the emergency management worker performing
14    official duties;
15        (20) Knows the individual harmed to be a private
16    security officer engaged in the performance of any of his
17    or her official duties, or to prevent the private security
18    officer from performing official duties, or in retaliation
19    for the private security officer performing official
20    duties; or
21        (21) Knows the individual harmed to be a taxi driver
22    and the battery is committed while the taxi driver is on
23    duty; or
24        (22) Knows the individual harmed to be a utility
25    worker, while the utility worker is engaged in the
26    execution of his or her duties, or to prevent the utility

 

 

SB1310 Engrossed- 33 -LRB096 09456 RLC 19613 b

1    worker from performing his or her duties, or in retaliation
2    for the utility worker performing his or her duties. In
3    this paragraph (22), "utility worker" means a person
4    employed by a public utility as defined in Section 3-105 of
5    the Public Utilities Act and also includes an employee of a
6    municipally owned utility, an employee of a cable
7    television company, an employee of an electric cooperative
8    as defined in Section 3-119 of the Public Utilities Act, an
9    independent contractor or an employee of an independent
10    contractor working on behalf of a cable television company,
11    public utility, municipally owned utility, or an electric
12    cooperative, or an employee of a telecommunications
13    carrier as defined in Section 13-202 of the Public
14    Utilities Act, an independent contractor or an employee of
15    an independent contractor working on behalf of a
16    telecommunications carrier, or an employee of a telephone
17    or telecommunications cooperative as defined in Section
18    13-212 of the Public Utilities Act, or an independent
19    contractor or an employee of an independent contractor
20    working on behalf of a telephone or telecommunications
21    cooperative.
22    For the purpose of paragraph (14) of subsection (b) of this
23Section, a physically handicapped person is a person who
24suffers from a permanent and disabling physical
25characteristic, resulting from disease, injury, functional
26disorder or congenital condition.

 

 

SB1310 Engrossed- 34 -LRB096 09456 RLC 19613 b

1    For the purpose of paragraph (20) of subsection (b) and
2subsection (e) of this Section, "private security officer"
3means a registered employee of a private security contractor
4agency under the Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004.
6    (c) A person who administers to an individual or causes him
7to take, without his consent or by threat or deception, and for
8other than medical purposes, any intoxicating, poisonous,
9stupefying, narcotic, anesthetic, or controlled substance
10commits aggravated battery.
11    (d) A person who knowingly gives to another person any food
12that contains any substance or object that is intended to cause
13physical injury if eaten, commits aggravated battery.
14    (d-3) A person commits aggravated battery when he or she
15knowingly and without lawful justification shines or flashes a
16laser gunsight or other laser device that is attached or
17affixed to a firearm, or used in concert with a firearm, so
18that the laser beam strikes upon or against the person of
19another.
20    (d-5) An inmate of a penal institution or a sexually
21dangerous person or a sexually violent person in the custody of
22the Department of Human Services who causes or attempts to
23cause a correctional employee of the penal institution or an
24employee of the Department of Human Services to come into
25contact with blood, seminal fluid, urine, or feces, by
26throwing, tossing, or expelling that fluid or material commits

 

 

SB1310 Engrossed- 35 -LRB096 09456 RLC 19613 b

1aggravated battery. For purposes of this subsection (d-5),
2"correctional employee" means a person who is employed by a
3penal institution.
4    (d-6) A person commits aggravated battery when he or she,
5in committing a battery, strangles another individual. For the
6purposes of this subsection (d-6), "strangle" means
7intentionally impeding the normal breathing or circulation of
8the blood of an individual by applying pressure on the throat
9or neck of that individual or by blocking the nose or mouth of
10that individual.
11    (e) Sentence.
12        (1) Except as otherwise provided in paragraphs (2),
13    (3), (4), and (5) aggravated battery is a Class 3 felony.
14        (2) Aggravated battery that does not cause great bodily
15    harm or permanent disability or disfigurement is a Class 2
16    felony when the person knows the individual harmed to be a
17    peace officer, a community policing volunteer, a private
18    security officer, a correctional institution employee, an
19    employee of the Department of Human Services supervising or
20    controlling sexually dangerous persons or sexually violent
21    persons, or a fireman while such officer, volunteer,
22    employee, or fireman is engaged in the execution of any
23    official duties including arrest or attempted arrest, or to
24    prevent the officer, volunteer, employee, or fireman from
25    performing official duties, or in retaliation for the
26    officer, volunteer, employee, or fireman performing

 

 

SB1310 Engrossed- 36 -LRB096 09456 RLC 19613 b

1    official duties, and the battery is committed other than by
2    the discharge of a firearm.
3        (3) Aggravated battery that causes great bodily harm or
4    permanent disability or disfigurement in violation of
5    subsection (a) is a Class 1 felony when the person knows
6    the individual harmed to be a peace officer, a community
7    policing volunteer, a private security officer, a
8    correctional institution employee, an employee of the
9    Department of Human Services supervising or controlling
10    sexually dangerous persons or sexually violent persons, or
11    a fireman while such officer, volunteer, employee, or
12    fireman is engaged in the execution of any official duties
13    including arrest or attempted arrest, or to prevent the
14    officer, volunteer, employee, or fireman from performing
15    official duties, or in retaliation for the officer,
16    volunteer, employee, or fireman performing official
17    duties, and the battery is committed other than by the
18    discharge of a firearm.
19        (4) Aggravated battery under subsection (d-5) is a
20    Class 2 felony.
21        (5) Aggravated battery under subsection (d-6) is a
22    Class 1 felony if:
23            (A) the person used or attempted to use a dangerous
24        instrument while committing the offense; or
25            (B) the person caused great bodily harm or
26        permanent disability or disfigurement to the other

 

 

SB1310 Engrossed- 37 -LRB096 09456 RLC 19613 b

1        person while committing the offense; or
2            (C) the person has been previously convicted of a
3        violation of subsection (d-6) under the laws of this
4        State or laws similar to subsection (d-6) of any other
5        state.
6        (6) For purposes of this subsection (e), the term
7    "firearm" shall have the meaning provided under Section 1.1
8    of the Firearms Owners Identification Card Act, and shall
9    not include an air rifle as defined by Section 1 of the Air
10    Rifle Act.
11(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
12eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
13eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1496-1000, eff. 7-2-10.)
 
15    (720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)
16    Sec. 12-3.1. Battery of an unborn child; aggravated battery
17of an unborn child Unborn Child.
18    (a) A person commits battery of an unborn child if he or
19she intentionally or knowingly without legal justification and
20by any means causes bodily harm to an unborn child.
21    (a-5) A person commits aggravated battery of an unborn
22child when, in committing a battery of an unborn child, he or
23she knowingly causes great bodily harm or permanent disability
24or disfigurement to an unborn child.
25    (b) For purposes of this Section, (1) "unborn child" shall

 

 

SB1310 Engrossed- 38 -LRB096 09456 RLC 19613 b

1mean any individual of the human species from fertilization
2until birth, and (2) "person" shall not include the pregnant
3woman whose unborn child is harmed.
4    (c) Sentence. Battery of an unborn child is a Class A
5misdemeanor. Aggravated battery of an unborn child is a Class 2
6felony.
7    (d) This Section shall not apply to acts which cause bodily
8harm to an unborn child if those acts were committed during any
9abortion, as defined in Section 2 of the Illinois Abortion Law
10of 1975, as amended, to which the pregnant woman has consented.
11This Section shall not apply to acts which were committed
12pursuant to usual and customary standards of medical practice
13during diagnostic testing or therapeutic treatment.
14(Source: P.A. 84-1414.)
 
15    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
16    Sec. 12-3.2. Domestic battery Battery.
17    (a) A person commits domestic battery if he or she
18intentionally or knowingly without legal justification by any
19means:
20        (1) Causes bodily harm to any family or household
21    member as defined in subsection (3) of Section 112A-3 of
22    the Code of Criminal Procedure of 1963, as amended;
23        (2) Makes physical contact of an insulting or provoking
24    nature with any family or household member as defined in
25    subsection (3) of Section 112A-3 of the Code of Criminal

 

 

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1    Procedure of 1963, as amended.
2    (b) Sentence. Domestic battery is a Class A misdemeanor.
3Domestic battery is a Class 4 felony if the defendant has any
4prior conviction under this Code for domestic battery (Section
512-3.2) or violation of an order of protection (Section 12-3.4
6or 12-30), or any prior conviction under the law of another
7jurisdiction for an offense which is substantially similar.
8Domestic battery is a Class 4 felony if the defendant has any
9prior conviction under this Code for first degree murder
10(Section 9-1), attempt to commit first degree murder (Section
118-4), aggravated domestic battery (Section 12-3.3), aggravated
12battery (Section 12-3.05 or 12-4), heinous battery (Section
1312-4.1), aggravated battery with a firearm (Section 12-4.2),
14aggravated battery with a machine gun or a firearm equipped
15with a silencer (Section 12-4.2-5), aggravated battery of a
16child (Section 12-4.3), aggravated battery of an unborn child
17(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
18aggravated battery of a senior citizen (Section 12-4.6),
19stalking (Section 12-7.3), aggravated stalking (Section
2012-7.4), criminal sexual assault (Section 12-13), aggravated
21criminal sexual assault (12-14), kidnapping (Section 10-1),
22aggravated kidnapping (Section 10-2), predatory criminal
23sexual assault of a child (Section 12-14.1), aggravated
24criminal sexual abuse (Section 12-16), unlawful restraint
25(Section 10-3), aggravated unlawful restraint (Section
2610-3.1), aggravated arson (Section 20-1.1), or aggravated

 

 

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1discharge of a firearm (Section 24-1.2), or any prior
2conviction under the law of another jurisdiction for any
3offense that is substantially similar to the offenses listed in
4this Section, when any of these offenses have been committed
5against a family or household member as defined in Section
6112A-3 of the Code of Criminal Procedure of 1963. In addition
7to any other sentencing alternatives, for any second or
8subsequent conviction of violating this Section, the offender
9shall be mandatorily sentenced to a minimum of 72 consecutive
10hours of imprisonment. The imprisonment shall not be subject to
11suspension, nor shall the person be eligible for probation in
12order to reduce the sentence.
13    (c) Domestic battery committed in the presence of a child.
14In addition to any other sentencing alternatives, a defendant
15who commits, in the presence of a child, a felony domestic
16battery (enhanced under subsection (b)), aggravated domestic
17battery (Section 12-3.3), aggravated battery (Section 12-3.05
18or 12-4), unlawful restraint (Section 10-3), or aggravated
19unlawful restraint (Section 10-3.1) against a family or
20household member, as defined in Section 112A-3 of the Code of
21Criminal Procedure of 1963, shall be required to serve a
22mandatory minimum imprisonment of 10 days or perform 300 hours
23of community service, or both. The defendant shall further be
24liable for the cost of any counseling required for the child at
25the discretion of the court in accordance with subsection (b)
26of Section 5-5-6 of the Unified Code of Corrections. For

 

 

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1purposes of this Section, "child" means a person under 18 years
2of age who is the defendant's or victim's child or step-child
3or who is a minor child residing within or visiting the
4household of the defendant or victim. For purposes of this
5Section, "in the presence of a child" means in the physical
6presence of a child or knowing or having reason to know that a
7child is present and may see or hear an act constituting one of
8the offenses listed in this subsection.
9    (d) Upon conviction of domestic battery, the court shall
10advise the defendant orally or in writing, substantially as
11follows: "An individual convicted of domestic battery may be
12subject to federal criminal penalties for possessing,
13transporting, shipping, or receiving any firearm or ammunition
14in violation of the federal Gun Control Act of 1968 (18 U.S.C.
15922(g)(8) and (9))." A notation shall be made in the court file
16that the admonition was given.
17(Source: P.A. 96-287, eff. 8-11-09.)
 
18    (720 ILCS 5/12-3.3)
19    Sec. 12-3.3. Aggravated domestic battery.
20    (a) A person who, in committing a domestic battery,
21intentionally or knowingly causes great bodily harm, or
22permanent disability or disfigurement commits aggravated
23domestic battery.
24    (a-5) A person who, in committing a domestic battery,
25strangles another individual commits aggravated domestic

 

 

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1battery. For the purposes of this subsection (a-5), "strangle"
2means intentionally impeding the normal breathing or
3circulation of the blood of an individual by applying pressure
4on the throat or neck of that individual or by blocking the
5nose or mouth of that individual.
6    (b) Sentence. Aggravated domestic battery is a Class 2
7felony. Any order of probation or conditional discharge entered
8following a conviction for an offense under this Section must
9include, in addition to any other condition of probation or
10conditional discharge, a condition that the offender serve a
11mandatory term of imprisonment of not less than 60 consecutive
12days. A person convicted of a second or subsequent violation of
13this Section must be sentenced to a mandatory term of
14imprisonment of not less than 3 years and not more than 7 years
15or an extended term of imprisonment of not less than 7 years
16and not more than 14 years.
17    (c) Upon conviction of aggravated domestic battery, the
18court shall advise the defendant orally or in writing,
19substantially as follows: "An individual convicted of
20aggravated domestic battery may be subject to federal criminal
21penalties for possessing, transporting, shipping, or receiving
22any firearm or ammunition in violation of the federal Gun
23Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
24shall be made in the court file that the admonition was given.
25(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
2696-1000, eff. 7-2-10.)
 

 

 

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1    (720 ILCS 5/12-3.4)   (was 720 ILCS 5/12-30)
2    Sec. 12-3.4 12-30. Violation of an order of protection.
3    (a) A person commits violation of an order of protection
4if:
5        (1) He or she knowingly commits an act which was
6    prohibited by a court or fails to commit an act which was
7    ordered by a court in violation of:
8            (i) a remedy in a valid order of protection
9        authorized under paragraphs (1), (2), (3), (14), or
10        (14.5) of subsection (b) of Section 214 of the Illinois
11        Domestic Violence Act of 1986,
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (1), (2),
14        (3), (14) or (14.5) of subsection (b) of Section 214 of
15        the Illinois Domestic Violence Act of 1986, in a valid
16        order of protection, which is authorized under the laws
17        of another state, tribe or United States territory,
18            (iii) any other remedy when the act constitutes a
19        crime against the protected parties as the term
20        protected parties is defined in Section 112A-4 of the
21        Code of Criminal Procedure of 1963; and
22        (2) Such violation occurs after the offender has been
23    served notice of the contents of the order, pursuant to the
24    Illinois Domestic Violence Act of 1986 or any substantially
25    similar statute of another state, tribe or United States

 

 

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1    territory, or otherwise has acquired actual knowledge of
2    the contents of the order.
3    An order of protection issued by a state, tribal or
4territorial court related to domestic or family violence shall
5be deemed valid if the issuing court had jurisdiction over the
6parties and matter under the law of the state, tribe or
7territory. There shall be a presumption of validity where an
8order is certified and appears authentic on its face. For
9purposes of this Section, an "order of protection" may have
10been issued in a criminal or civil proceeding.
11    (a-5) Failure to provide reasonable notice and opportunity
12to be heard shall be an affirmative defense to any charge or
13process filed seeking enforcement of a foreign order of
14protection.
15    (b) Nothing in this Section shall be construed to diminish
16the inherent authority of the courts to enforce their lawful
17orders through civil or criminal contempt proceedings. For
18purposes of this Section, an "order of protection" may have
19been issued in a criminal or civil proceeding.
20    (c) The limitations placed on law enforcement liability by
21Section 305 of the Illinois Domestic Violence Act of 1986 apply
22to actions taken under this Section. Nothing in this Section
23shall be construed to diminish the inherent authority of the
24courts to enforce their lawful orders through civil or criminal
25contempt proceedings.
26    (d) Violation of an order of protection under subsection

 

 

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1(a) of this Section is a Class A misdemeanor. Violation of an
2order of protection under subsection (a) of this Section is a
3Class 4 felony if the defendant has any prior conviction under
4this Code for domestic battery (Section 12-3.2) or violation of
5an order of protection (Section 12-3.4 or 12-30). Violation of
6an order of protection is a Class 4 felony if the defendant has
7any prior conviction under this Code for first degree murder
8(Section 9-1), attempt to commit first degree murder (Section
98-4), aggravated domestic battery (Section 12-3.3), aggravated
10battery (Section 12-3.05 or 12-4), heinous battery (Section
1112-4.1), aggravated battery with a firearm (Section 12-4.2),
12aggravated battery with a machine gun or a firearm equipped
13with a silencer (Section 12-4.2-5) aggravated battery of a
14child (Section 12-4.3), aggravated battery of an unborn child
15(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
16aggravated battery of a senior citizen (Section 12-4.6),
17stalking (Section 12-7.3), aggravated stalking (Section
1812-7.4), criminal sexual assault (Section 12-13), aggravated
19criminal sexual assault (12-14), kidnapping (Section 10-1),
20aggravated kidnapping (Section 10-2), predatory criminal
21sexual assault of a child (Section 12-14.1), aggravated
22criminal sexual abuse (Section 12-16), unlawful restraint
23(Section 10-3), aggravated unlawful restraint (Section
2410-3.1), aggravated arson (Section 20-1.1), or aggravated
25discharge of a firearm (Section 24-1.2), or a violation of any
26former law of this State that is substantially similar to any

 

 

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1listed offense, when any of these offenses have been committed
2against a family or household member as defined in Section
3112A-3 of the Code of Criminal Procedure of 1963. The court
4shall impose a minimum penalty of 24 hours imprisonment for
5defendant's second or subsequent violation of any order of
6protection; unless the court explicitly finds that an increased
7penalty or such period of imprisonment would be manifestly
8unjust. In addition to any other penalties, the court may order
9the defendant to pay a fine as authorized under Section 5-9-1
10of the Unified Code of Corrections or to make restitution to
11the victim under Section 5-5-6 of the Unified Code of
12Corrections. In addition to any other penalties, including
13those imposed by Section 5-9-1.5 of the Unified Code of
14Corrections, the court shall impose an additional fine of $20
15as authorized by Section 5-9-1.11 of the Unified Code of
16Corrections upon any person convicted of or placed on
17supervision for a violation of this Section. The additional
18fine shall be imposed for each violation of this Section.
19    (e) (Blank). The limitations placed on law enforcement
20liability by Section 305 of the Illinois Domestic Violence Act
21of 1986 apply to actions taken under this Section.
22(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
2392-827, eff. 8-22-02.)
 
24    (720 ILCS 5/12-3.5)   (was 720 ILCS 5/12-6.3)
25    Sec. 12-3.5 12-6.3. Interfering with the reporting of

 

 

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1domestic violence.
2    (a) A person commits the offense of interfering with the
3reporting of domestic violence when, after having committed an
4act of domestic violence, he or she knowingly prevents or
5attempts to prevent the victim of or a witness to the act of
6domestic violence from calling a 9-1-1 emergency telephone
7system, obtaining medical assistance, or making a report to any
8law enforcement official.
9    (b) For the purposes of this Section, the following terms
10shall have the indicated meanings:
11    (1) "Domestic violence" shall have the meaning ascribed to
12it in Section 112A-3 of the Code of Criminal Procedure of 1963.
13    (2) "Family or household members" shall have the meaning
14ascribed to it in Section 112A-3 of the Code of Criminal
15Procedure of 1963.
16    (c) Sentence. Interfering with the reporting of domestic
17violence is a Class A misdemeanor.
18(Source: P.A. 90-118, eff. 1-1-98.)
 
19    (720 ILCS 5/12-3.6)   (was 720 ILCS 5/45-1 and 5/45-2)
20    Sec. 12-3.6 45-1. Disclosing location of domestic violence
21victim Definitions.
22    (a) As used in this Section Article:
23    (a) "Domestic violence" means attempting to cause or
24causing abuse of a family or household member or high-risk
25adult with disabilities, or attempting to cause or causing

 

 

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1neglect or exploitation of a high-risk adult with disabilities
2which threatens the adult's health and safety.
3    (b) "Family or household member" means a spouse, person
4living as a spouse, parent, or other adult person related by
5consanguinity or affinity, who is residing or has resided with
6the person committing domestic violence. "Family or household
7member" includes a high-risk adult with disabilities who
8resides with or receives care from any person who has the
9responsibility for a high-risk adult as a result of a family
10relationship or who has assumed responsibility for all or a
11portion of the care of an adult with disabilities voluntarily,
12by express or implied contract, or by court order.
13    (c) "High-risk adult with disabilities" means a person aged
1418 or over whose physical or mental disability impairs his or
15her ability to seek or obtain protection from abuse, neglect,
16or exploitation.
17    (d) "Abuse", "exploitation", and "neglect" have the
18meanings ascribed to those terms in Section 103 of the Illinois
19Domestic Violence Act of 1986.
20    (b) A Sec. 45-2. Disclosure of location of domestic
21violence victim. Any person commits disclosure of location of
22domestic violence victim when he or she who publishes,
23disseminates or otherwise discloses the location of any
24domestic violence victim, without that person's the
25authorization of that domestic violence victim, knowing the
26that such disclosure will result in, or has the substantial

 

 

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1likelihood of resulting in, the threat of bodily harm, is
2guilty of a Class A misdemeanor.
3    (c) Nothing in this Section shall apply to confidential
4communications between an attorney and his or her client.
5    (d) Sentence. Disclosure of location of domestic violence
6victim is a Class A misdemeanor.
7(Source: P.A. 87-441; 88-45.)
 
8    (720 ILCS 5/Art. 12, Subdiv. 10 heading new)
9
SUBDIVISION 10. ENDANGERMENT

 
10    (720 ILCS 5/12-4.4a new)
11    Sec. 12-4.4a. Abuse or criminal neglect of a long term care
12facility resident; criminal abuse or neglect of an elderly
13person or person with a disability.
14    (a) Abuse or criminal neglect of a long term care facility
15resident.
16        (1) A person or an owner or licensee commits abuse of a
17    long term care facility resident when he or she knowingly
18    causes any physical or mental injury to, or commits any
19    sexual offense in this Code against, a resident.
20        (2) A person or an owner or licensee commits criminal
21    neglect of a long term care facility resident when he or
22    she recklessly:
23            (A) performs acts that cause a resident's life to
24        be endangered, health to be injured, or pre-existing

 

 

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1        physical or mental condition to deteriorate, or that
2        create the substantial likelihood that an elderly
3        person's or person with a disability's life will be
4        endangered, health will be injured, or pre-existing
5        physical or mental condition will deteriorate;
6            (B) fails to perform acts that he or she knows or
7        reasonably should know are necessary to maintain or
8        preserve the life or health of a resident, and that
9        failure causes the resident's life to be endangered,
10        health to be injured, or pre-existing physical or
11        mental condition to deteriorate, or that create the
12        substantial likelihood that an elderly person's or
13        person with a disability's life will be endangered,
14        health will be injured, or pre-existing physical or
15        mental condition will deteriorate; or
16            (C) abandons a resident.
17        (3) A person or an owner or licensee commits neglect of
18    a long term care facility resident when he or she
19    negligently fails to provide adequate medical care,
20    personal care, or maintenance to the resident which results
21    in physical or mental injury or deterioration of the
22    resident's physical or mental condition. An owner or
23    licensee is guilty under this subdivision (a)(3), however,
24    only if the owner or licensee failed to exercise reasonable
25    care in the hiring, training, supervising, or providing of
26    staff or other related routine administrative

 

 

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1    responsibilities.
2    (b) Criminal abuse or neglect of an elderly person or
3person with a disability.
4        (1) A caregiver commits criminal abuse or neglect of an
5    elderly person or person with a disability when he or she
6    knowingly does any of the following:
7            (A) performs acts that cause the person's life to
8        be endangered, health to be injured, or pre-existing
9        physical or mental condition to deteriorate;
10            (B) fails to perform acts that he or she knows or
11        reasonably should know are necessary to maintain or
12        preserve the life or health of the person, and that
13        failure causes the person's life to be endangered,
14        health to be injured, or pre-existing physical or
15        mental condition to deteriorate;
16            (C) abandons the person;
17            (D) physically abuses, harasses, intimidates, or
18        interferes with the personal liberty of the person; or
19            (E) exposes the person to willful deprivation.
20        (2) It is not a defense to criminal abuse or neglect of
21    an elderly person or person with a disability that the
22    caregiver reasonably believed that the victim was not an
23    elderly person or person with a disability.
24    (c) Offense not applicable.
25        (1) Nothing in this Section applies to a physician
26    licensed to practice medicine in all its branches or a duly

 

 

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1    licensed nurse providing care within the scope of his or
2    her professional judgment and within the accepted
3    standards of care within the community.
4        (2) Nothing in this Section imposes criminal liability
5    on a caregiver who made a good faith effort to provide for
6    the health and personal care of an elderly person or person
7    with a disability, but through no fault of his or her own
8    was unable to provide such care.
9        (3) Nothing in this Section applies to the medical
10    supervision, regulation, or control of the remedial care or
11    treatment of residents in a long term care facility
12    conducted for those who rely upon treatment by prayer or
13    spiritual means in accordance with the creed or tenets of
14    any well-recognized church or religious denomination as
15    described in Section 3-803 of the Nursing Home Care Act or
16    Section 3-803 of the MR/DD Community Care Act.
17        (4) Nothing in this Section prohibits a caregiver from
18    providing treatment to an elderly person or person with a
19    disability by spiritual means through prayer alone and care
20    consistent therewith in lieu of medical care and treatment
21    in accordance with the tenets and practices of any church
22    or religious denomination of which the elderly person or
23    person with a disability is a member.
24        (5) Nothing in this Section limits the remedies
25    available to the victim under the Illinois Domestic
26    Violence Act of 1986.

 

 

SB1310 Engrossed- 53 -LRB096 09456 RLC 19613 b

1    (d) Sentence.
2        (1) Long term care facility. Abuse of a long term care
3    facility resident is a Class 3 felony. Criminal neglect of
4    a long term care facility resident is a Class 4 felony,
5    unless it results in the resident's death in which case it
6    is a Class 3 felony. Neglect of a long term care facility
7    resident is a petty offense.
8        (2) Caregiver. Criminal abuse or neglect of an elderly
9    person or person with a disability is a Class 3 felony,
10    unless it results in the person's death in which case it is
11    a Class 2 felony, and if imprisonment is imposed it shall
12    be for a minimum term of 3 years and a maximum term of 14
13    years.
14    (e) Definitions. For the purposes of this Section:
15    "Abandon" means to desert or knowingly forsake a resident
16or an elderly person or person with a disability under
17circumstances in which a reasonable person would continue to
18provide care and custody.
19    "Caregiver" means a person who has a duty to provide for an
20elderly person or person with a disability's health and
21personal care, at the elderly person or person with a
22disability's place of residence, including, but not limited to,
23food and nutrition, shelter, hygiene, prescribed medication,
24and medical care and treatment, and includes any of the
25following:
26        (1) A parent, spouse, adult child, or other relative by

 

 

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1    blood or marriage who resides with or resides in the same
2    building with or regularly visits the elderly person or
3    person with a disability, knows or reasonably should know
4    of such person's physical or mental impairment, and knows
5    or reasonably should know that such person is unable to
6    adequately provide for his or her own health and personal
7    care.
8        (2) A person who is employed by the elderly person or
9    person with a disability or by another to reside with or
10    regularly visit the elderly person or person with a
11    disability and provide for such person's health and
12    personal care.
13        (3) A person who has agreed for consideration to reside
14    with or regularly visit the elderly person or person with a
15    disability and provide for such person's health and
16    personal care.
17        (4) A person who has been appointed by a private or
18    public agency or by a court of competent jurisdiction to
19    provide for the elderly person or person with a
20    disability's health and personal care.
21    "Caregiver" does not include a long-term care facility
22licensed or certified under the Nursing Home Care Act or a
23facility licensed or certified under the MR/DD Community Care
24Act, or any administrative, medical, or other personnel of such
25a facility, or a health care provider who is licensed under the
26Medical Practice Act of 1987 and renders care in the ordinary

 

 

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1course of his or her profession.
2    "Elderly person" means a person 60 years of age or older
3who is incapable of adequately providing for his or her own
4health and personal care.
5    "Licensee" means the individual or entity licensed to
6operate a facility under the Nursing Home Care Act, the MR/DD
7Community Care Act, or the Assisted Living and Shared Housing
8Act.
9    "Long term care facility" means a private home,
10institution, building, residence, or other place, whether
11operated for profit or not, or a county home for the infirm and
12chronically ill operated pursuant to Division 5-21 or 5-22 of
13the Counties Code, or any similar institution operated by the
14State of Illinois or a political subdivision thereof, which
15provides, through its ownership or management, personal care,
16sheltered care, or nursing for 3 or more persons not related to
17the owner by blood or marriage. The term also includes skilled
18nursing facilities and intermediate care facilities as defined
19in Titles XVIII and XIX of the federal Social Security Act and
20assisted living establishments and shared housing
21establishments licensed under the Assisted Living and Shared
22Housing Act.
23    "Owner" means the owner a long term care facility as
24provided in the Nursing Home Care Act, the owner of a facility
25as provided in the MR/DD Community Care Act, or the owner of an
26assisted living or shared housing establishment as provided in

 

 

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1the Assisted Living and Shared Housing Act.
2    "Person with a disability" means a person who suffers from
3a permanent physical or mental impairment, resulting from
4disease, injury, functional disorder, or congenital condition,
5which renders the person incapable of adequately providing for
6his or her own health and personal care.
7    "Resident" means a person residing in a long term care
8facility.
9    "Willful deprivation" has the meaning ascribed to it in
10paragraph (15) of Section 103 of the Illinois Domestic Violence
11Act of 1986.
 
12    (720 ILCS 5/12-4.5)  (from Ch. 38, par. 12-4.5)
13    Sec. 12-4.5. Tampering with food, drugs or cosmetics.
14    (a) A Any person who knowingly puts any substance capable
15of causing death or great bodily harm to a human being into any
16food, drug or cosmetic offered for sale or consumption commits
17the offense of tampering with food, drugs or cosmetics.
18    (b) Sentence. Tampering with food, drugs or cosmetics is a
19Class 2 felony.
20(Source: P.A. 84-1428; 84-1438.)
 
21    (720 ILCS 5/12-5)  (from Ch. 38, par. 12-5)
22    Sec. 12-5. Reckless conduct.
23    (a) A person commits reckless conduct when he or she, by
24any means lawful or unlawful, recklessly performs an act or

 

 

SB1310 Engrossed- 57 -LRB096 09456 RLC 19613 b

1acts that:
2        (1) cause who causes bodily harm to or endanger
3    endangers the bodily safety of another person; or an
4    individual by any means, commits reckless conduct if he or
5    she performs recklessly the acts that cause the harm or
6    endanger safety, whether they otherwise are lawful or
7    unlawful.
8        (2) cause (a-5) A person who causes great bodily harm
9    or permanent disability or disfigurement to another person
10    by any means, commits reckless conduct if he or she
11    performs recklessly the acts that cause the harm, whether
12    they otherwise are lawful or unlawful.
13    (b) Sentence.
14    Reckless conduct under subdivision (a)(1) subsection (a)
15is a Class A misdemeanor. Reckless conduct under subdivision
16(a)(2) subsection (a-5) is a Class 4 felony.
17(Source: P.A. 93-710, eff. 1-1-05.)
 
18    (720 ILCS 5/12-5.01)   (was 720 ILCS 5/12-16.2)
19    Sec. 12-5.01 12-16.2. Criminal transmission Transmission
20of HIV.
21    (a) A person commits criminal transmission of HIV when he
22or she, knowing that he or she is infected with HIV:
23        (1) engages in intimate contact with another;
24        (2) transfers, donates, or provides his or her blood,
25    tissue, semen, organs, or other potentially infectious

 

 

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1    body fluids for transfusion, transplantation,
2    insemination, or other administration to another; or
3        (3) dispenses, delivers, exchanges, sells, or in any
4    other way transfers to another any nonsterile intravenous
5    or intramuscular drug paraphernalia.
6    (b) For purposes of this Section:
7    "HIV" means the human immunodeficiency virus or any other
8identified causative agent of acquired immunodeficiency
9syndrome.
10    "Intimate contact with another" means the exposure of the
11body of one person to a bodily fluid of another person in a
12manner that could result in the transmission of HIV.
13    "Intravenous or intramuscular drug paraphernalia" means
14any equipment, product, or material of any kind which is
15peculiar to and marketed for use in injecting a substance into
16the human body.
17    (c) Nothing in this Section shall be construed to require
18that an infection with HIV has occurred in order for a person
19to have committed criminal transmission of HIV.
20    (d) It shall be an affirmative defense that the person
21exposed knew that the infected person was infected with HIV,
22knew that the action could result in infection with HIV, and
23consented to the action with that knowledge.
24    (e) A person who commits criminal transmission of HIV
25commits a Class 2 felony.
26(Source: P.A. 86-897.)
 

 

 

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1    (720 ILCS 5/12-5.02)   (was 720 ILCS 5/12-2.5)
2    Sec. 12-5.02 12-2.5. Vehicular endangerment Endangerment.
3    (a) A person commits vehicular endangerment when he or she
4strikes Any person who with the intent to strike a motor
5vehicle causes by causing any means an object to fall from an
6overpass in the direction of a moving motor vehicle with the
7intent to strike a motor vehicle while it is traveling upon a
8any highway in this State, if that object strikes a motor
9vehicle, is guilty of vehicular endangerment.
10    (b) Sentence. Vehicular endangerment is a Class 2 felony,
11unless except when death results, in which case . If death
12results, vehicular endangerment is a Class 1 felony.
13    (c) Definitions. For purposes of this Section:
14    "Object" means any object or substance that by its size,
15weight, or consistency is likely to cause great bodily harm to
16any occupant of a motor vehicle.
17    "Overpass" means any structure that passes over a highway.
18    "Motor vehicle" and "highway" have the meanings as defined
19in the Illinois Vehicle Code.
20(Source: P.A. 88-467.)
 
21    (720 ILCS 5/12-5.1)  (from Ch. 38, par. 12-5.1)
22    Sec. 12-5.1. Criminal housing management.
23    (a) A person commits the offense of criminal housing
24management when, having personal management or control of

 

 

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1residential real estate, whether as a legal or equitable owner
2or as a managing agent or otherwise, he or she recklessly
3permits the physical condition or facilities of the residential
4real estate to become or remain in any condition which
5endangers the health or safety of a any person other than the
6defendant.
7    (b) Sentence.
8    Criminal housing management is a Class A misdemeanor, and
9a . A subsequent conviction for a violation of subsection (a) is
10a Class 4 felony.
11(Source: P.A. 85-341.)
 
12    (720 ILCS 5/12-5.1a)   (was 720 ILCS 5/12-5.15)
13    Sec. 12-5.1a 12-5.15. Aggravated criminal housing
14management.
15    (a) A person commits the offense of aggravated criminal
16housing management when he or she commits the offense of
17criminal housing management; and:
18        (1) the condition endangering the health or safety of a
19    person other than the defendant is determined to be a
20    contributing factor in the death of that person; and
21        (2) the person recklessly also conceals or attempts to
22    conceal the condition that endangered the health or safety
23    of the person other than the defendant that is found to be
24    a contributing factor in that death.
25    (b) Sentence. Aggravated criminal housing management is a

 

 

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1Class 4 felony.
2(Source: P.A. 93-852, eff. 8-2-04.)
 
3    (720 ILCS 5/12-5.2)  (from Ch. 38, par. 12-5.2)
4    Sec. 12-5.2. Injunction in connection with criminal
5housing management or aggravated criminal housing management.
6    (a) In addition to any other remedies, the State's Attorney
7of the county where the residential property which endangers
8the health or safety of any person exists is authorized to file
9a complaint and apply to the circuit court for a temporary
10restraining order, and such circuit court shall upon hearing
11grant a temporary restraining order or a preliminary or
12permanent injunction, without bond, restraining any person who
13owns, manages, or has any equitable interest in the property,
14from collecting, receiving or benefiting from any rents or
15other monies available from the property, so long as the
16property remains in a condition which endangers the health or
17safety of any person.
18    (b) The court may order any rents or other monies owed to
19be paid into an escrow account. The funds are to be paid out of
20the escrow account only to satisfy the reasonable cost of
21necessary repairs of the property which had been incurred or
22will be incurred in ameliorating the condition of the property
23as described in subsection (a), payment of delinquent real
24estate taxes on the property or payment of other legal debts
25relating to the property. The court may order that funds remain

 

 

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1in escrow for a reasonable time after the completion of all
2necessary repairs to assure continued upkeep of the property
3and satisfaction of other outstanding legal debts of the
4property.
5    (c) The owner shall be responsible for contracting to have
6necessary repairs completed and shall be required to submit all
7bills, together with certificates of completion, to the manager
8of the escrow account within 30 days after their receipt by the
9owner.
10    (d) In contracting for any repairs required pursuant to
11this Section the owner of the property shall enter into a
12contract only after receiving bids from at least 3 independent
13contractors capable of making the necessary repairs. If the
14owner does not contract for the repairs with the lowest bidder,
15he shall file an affidavit with the court explaining why the
16lowest bid was not acceptable. At no time, under the provisions
17of this Section Act, shall the owner contract with anyone who
18is not a licensed contractor, except that a contractor need not
19be licensed if neither the State nor the county, township, or
20municipality where the residential real estate is located
21requires that the contractor be licensed. The court may order
22release of those funds in the escrow account that are in excess
23of the monies that the court determines to its satisfaction are
24needed to correct the condition of the property as described in
25subsection (a).
26    For the purposes of this Section, "licensed contractor"

 

 

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1means: (i) a contractor licensed by the State, if the State
2requires the licensure of the contractor; or (ii) a contractor
3licensed by the county, township, or municipality where the
4residential real estate is located, if that jurisdiction
5requires the licensure of the contractor.
6    (e) The Clerk of the Circuit Court shall maintain a
7separate trust account entitled "Property Improvement Trust
8Account", which shall serve as the depository for the escrowed
9funds prescribed by this Section. The Clerk of the Court shall
10be responsible for the receipt, disbursement, monitoring and
11maintenance of all funds entrusted to this account, and shall
12provide to the court a quarterly accounting of the activities
13for any property, with funds in such account, unless the court
14orders accountings on a more frequent basis.
15    The Clerk of the Circuit Court shall promulgate rules and
16procedures to administer the provisions of this Act.
17    (f) Nothing in this Section shall in any way be construed
18to limit or alter any existing liability incurred, or to be
19incurred, by the owner or manager except as expressly provided
20in this Act. Nor shall anything in this Section be construed to
21create any liability on behalf of the Clerk of the Court, the
22State's Attorney's office or any other governmental agency
23involved in this action.
24    Nor shall anything in this Section be construed to
25authorize tenants to refrain from paying rent.
26    (g) Costs. As part of the costs of an action under this

 

 

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1Section, the court shall assess a reasonable fee against the
2defendant to be paid to the Clerk of the Circuit Court. This
3amount is to be used solely for the maintenance of the Property
4Improvement Trust Account. No money obtained directly or
5indirectly from the property subject to the case may be used to
6satisfy this cost.
7    (h) The municipal building department or other entity
8responsible for inspection of property and the enforcement of
9such local requirements shall, within 5 business days of a
10request by the State's Attorney, provide all documents
11requested, which shall include, but not be limited to, all
12records of inspections, permits and other information relating
13to any property.
14(Source: P.A. 88-240.)
 
15    (720 ILCS 5/12-5.3)   (was 720 ILCS 5/12-2.6)
16    Sec. 12-5.3 12-2.6. Use of a dangerous place for the
17commission of a controlled substance or cannabis offense.
18    (a) A person commits the offense of use of a dangerous
19place for the commission of a controlled substance or cannabis
20offense when that person knowingly exercises control over any
21place with the intent to use that place to manufacture,
22produce, deliver, or possess with intent to deliver a
23controlled or counterfeit substance or controlled substance
24analog in violation of Section 401 of the Illinois Controlled
25Substances Act or to manufacture, produce, deliver, or possess

 

 

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1with intent to deliver cannabis in violation of Section 5, 5.1,
25.2, 7, or 8 of the Cannabis Control Act and:
3        (1) the place, by virtue of the presence of the
4    substance or substances used or intended to be used to
5    manufacture a controlled or counterfeit substance,
6    controlled substance analog, or cannabis, presents a
7    substantial risk of injury to any person from fire,
8    explosion, or exposure to toxic or noxious chemicals or
9    gas; or
10        (2) the place used or intended to be used to
11    manufacture, produce, deliver, or possess with intent to
12    deliver a controlled or counterfeit substance, controlled
13    substance analog, or cannabis has located within it or
14    surrounding it devices, weapons, chemicals, or explosives
15    designed, hidden, or arranged in a manner that would cause
16    a person to be exposed to a substantial risk of great
17    bodily harm.
18    (b) It may be inferred that a place was intended to be used
19to manufacture a controlled or counterfeit substance or
20controlled substance analog if a substance containing a
21controlled or counterfeit substance or controlled substance
22analog or a substance containing a chemical important to the
23manufacture of a controlled or counterfeit substance or
24controlled substance analog is found at the place of the
25alleged illegal controlled substance manufacturing in close
26proximity to equipment or a chemical used for facilitating the

 

 

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1manufacture of the controlled or counterfeit substance or
2controlled substance analog that is alleged to have been
3intended to be manufactured.
4    (c) As used in this Section, "place" means a premises,
5conveyance, or location that offers seclusion, shelter, means,
6or facilitation for manufacturing, producing, possessing, or
7possessing with intent to deliver a controlled or counterfeit
8substance, controlled substance analog, or cannabis.
9    (d) Use of a dangerous place for the commission of a
10controlled substance or cannabis offense is a Class 1 felony.
11(Source: P.A. 93-516, eff. 1-1-04; 94-743, eff. 5-8-06.)
 
12    (720 ILCS 5/12-5.5)
13    Sec. 12-5.5. Common carrier recklessness carriers; gross
14neglect.
15    (a) A person commits common carrier recklessness when he or
16she, Whoever, having personal management or control of or over
17a steamboat or other public conveyance used for the common
18carriage of persons, recklessly endangers the safety of others.
19    (b) Sentence. Common carrier recklessness is is guilty of
20gross carelessness or neglect in, or in relation to, the
21conduct, management, or control of the steamboat or other
22public conveyance, while being so used for the common carriage
23of persons, in which the safety of any person is endangered is
24guilty of a Class 4 felony.
25(Source: P.A. 89-234, eff. 1-1-96.)
 

 

 

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1    (720 ILCS 5/Art.12, Subdiv. 15 heading new)
2
SUBDIVISION 15. INTIMIDATION

 
3    (720 ILCS 5/12-6)  (from Ch. 38, par. 12-6)
4    Sec. 12-6. Intimidation.
5    (a) A person commits intimidation when, with intent to
6cause another to perform or to omit the performance of any act,
7he or she communicates to another, directly or indirectly by
8any means whether in person, by telephone or by mail, a threat
9to perform without lawful authority any of the following acts:
10        (1) Inflict physical harm on the person threatened or
11    any other person or on property; or
12        (2) Subject any person to physical confinement or
13    restraint; or
14        (3) Commit a felony or Class A misdemeanor any criminal
15    offense; or
16        (4) Accuse any person of an offense; or
17        (5) Expose any person to hatred, contempt or ridicule;
18    or
19        (6) Take action as a public official against anyone or
20    anything, or withhold official action, or cause such action
21    or withholding; or
22        (7) Bring about or continue a strike, boycott or other
23    collective action.
24    (b) Sentence.

 

 

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1    Intimidation is a Class 3 felony for which an offender may
2be sentenced to a term of imprisonment of not less than 2 years
3and not more than 10 years.
4(Source: P.A. 91-696, eff. 4-13-00.)
 
5    (720 ILCS 5/12-6.2)
6    Sec. 12-6.2. Aggravated intimidation.
7    (a) A person commits the offense of aggravated intimidation
8when he or she commits the offense of intimidation and:
9        (1) the person committed the offense in furtherance of
10    the activities of an organized gang or because of by the
11    person's membership in or allegiance to an organized gang;
12    or
13        (2) the offense is committed with the intent to prevent
14    any person from becoming a community policing volunteer; or
15        (3) the following conditions are met:
16            (A) the person knew that the victim was: (i) a
17        peace officer, (ii) a correctional institution
18        employee, (iii) a fireman, ; or (iv) a community
19        policing volunteer; and
20            (B) the offense was committed:
21                (i) while the victim was engaged in the
22            execution of his or her official duties; or
23                (ii) to prevent the victim from performing his
24            or her official duties;
25                (iii) in retaliation for the victim's

 

 

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1            performance of his or her official duties; or
2                (iv) by reason of any person's activity as a
3            community policing volunteer.
4    (b) Sentence. Aggravated intimidation as defined in
5paragraph (a)(1) is a Class 1 felony. Aggravated intimidation
6as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony
7for which the offender may be sentenced to a term of
8imprisonment of not less than 3 years nor more than 14 years.
9    (c) (Blank). For the purposes of this Section,
10"streetgang", "streetgang member", and "organized gang" have
11the meanings ascribed to them in Section 10 of the Illinois
12Streetgang Terrorism Omnibus Prevention Act.
13(Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655,
14eff. 7-30-98.)
 
15    (720 ILCS 5/12-6.4)
16    Sec. 12-6.4. Criminal street gang recruitment on school
17grounds or public property adjacent to school grounds and
18criminal street gang recruitment of a minor.
19    (a) A person commits the offense of criminal street gang
20recruitment on school grounds or public property adjacent to
21school grounds when on school grounds or public property
22adjacent to school grounds, he or she knowingly threatens the
23use of physical force to coerce, solicit, recruit, or induce
24another person to join or remain a member of a criminal street
25gang, or conspires to do so.

 

 

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1    (a-5) A person commits the offense of criminal street gang
2recruitment of a minor when he or she threatens the use of
3physical force to coerce, solicit, recruit, or induce another
4person to join or remain a member of a criminal street gang, or
5conspires to do so, whether or not such threat is communicated
6in person, by means of the Internet, or by means of a
7telecommunications device.
8    (b) Sentence. Criminal street gang recruitment on school
9grounds or public property adjacent to school grounds is a
10Class 1 felony and criminal street gang recruitment of a minor
11is a Class 1 felony.
12    (c) In this Section:
13        "Criminal street gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        "School grounds" means the building or buildings or
17    real property comprising a public or private elementary or
18    secondary school, community college, college, or
19    university and includes a school yard, school playing
20    field, or school playground.
21        "Minor" means any person under 18 years of age.
22        "Internet" means an interactive computer service or
23    system or an information service, system, or access
24    software provider that provides or enables computer access
25    by multiple users to a computer server, and includes, but
26    is not limited to, an information service, system, or

 

 

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1    access software provider that provides access to a network
2    system commonly known as the Internet, or any comparable
3    system or service and also includes, but is not limited to,
4    a World Wide Web page, newsgroup, message board, mailing
5    list, or chat area on any interactive computer service or
6    system or other online service.
7        "Telecommunications device" means a device that is
8    capable of receiving or transmitting speech, data,
9    signals, text, images, sounds, codes, or other information
10    including, but not limited to, paging devices, telephones,
11    and cellular and mobile telephones.
12(Source: P.A. 96-199, eff. 1-1-10.)
 
13    (720 ILCS 5/12-6.5)   (was 720 ILCS 5/12-6.1)
14    Sec. 12-6.5 12-6.1. Compelling organization membership of
15persons. A person who knowingly, expressly or impliedly,
16threatens to do bodily harm or does bodily harm to an
17individual or to that individual's family or uses any other
18criminally unlawful means to solicit or cause any person to
19join, or deter any person from leaving, any organization or
20association regardless of the nature of such organization or
21association, is guilty of a Class 2 felony.
22    Any person of the age of 18 years or older who knowingly,
23expressly or impliedly, threatens to do bodily harm or does
24bodily harm to a person under 18 years of age or uses any other
25criminally unlawful means to solicit or cause any person under

 

 

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118 years of age to join, or deter any person under 18 years of
2age from leaving, any organization or association regardless of
3the nature of such organization or association is guilty of a
4Class 1 felony.
5    A person convicted of an offense under this Section shall
6not be eligible to receive a sentence of probation, conditional
7discharge, or periodic imprisonment.
8(Source: P.A. 91-696, eff. 4-13-00.)
 
9    (720 ILCS 5/12-7)  (from Ch. 38, par. 12-7)
10    Sec. 12-7. Compelling confession or information by force or
11threat.
12    (a) A person who, with intent to obtain a confession,
13statement or information regarding any offense, knowingly
14inflicts or threatens imminent bodily harm upon the person
15threatened or upon any other person commits the offense of
16compelling a confession or information by force or threat.
17    (b) Sentence.
18    Compelling a confession or information is a: (1) Class 4
19felony if the defendant threatens imminent bodily harm to
20obtain a confession, statement, or information but does not
21inflict bodily harm on the victim, (2) Class 3 felony if the
22defendant inflicts bodily harm on the victim to obtain a
23confession, statement, or information, and (3) Class 2 felony
24if the defendant inflicts great bodily harm to obtain a
25confession, statement, or information.

 

 

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1(Source: P.A. 94-1113, eff. 1-1-08.)
 
2    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
3    Sec. 12-7.1. Hate crime.
4    (a) A person commits hate crime when, by reason of the
5actual or perceived race, color, creed, religion, ancestry,
6gender, sexual orientation, physical or mental disability, or
7national origin of another individual or group of individuals,
8regardless of the existence of any other motivating factor or
9factors, he commits assault, battery, aggravated assault,
10misdemeanor theft, criminal trespass to residence, misdemeanor
11criminal damage to property, criminal trespass to vehicle,
12criminal trespass to real property, mob action or disorderly
13conduct as these crimes are defined in Sections 12-1, 12-2,
1412-3(a) 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of
15this Code, respectively, or harassment by telephone as defined
16in Section 1-1 of the Harassing and Obscene Communications Act,
17or harassment through electronic communications as defined in
18clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
19Obscene Communications Act.
20    (b) Except as provided in subsection (b-5), hate crime is a
21Class 4 felony for a first offense and a Class 2 felony for a
22second or subsequent offense.
23    (b-5) Hate crime is a Class 3 felony for a first offense
24and a Class 2 felony for a second or subsequent offense if
25committed:

 

 

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1        (1) in a church, synagogue, mosque, or other building,
2    structure, or place used for religious worship or other
3    religious purpose;
4        (2) in a cemetery, mortuary, or other facility used for
5    the purpose of burial or memorializing the dead;
6        (3) in a school or other educational facility,
7    including an administrative facility or public or private
8    dormitory facility of or associated with the school or
9    other educational facility;
10        (4) in a public park or an ethnic or religious
11    community center;
12        (5) on the real property comprising any location
13    specified in clauses (1) through (4) of this subsection
14    (b-5); or
15        (6) on a public way within 1,000 feet of the real
16    property comprising any location specified in clauses (1)
17    through (4) of this subsection (b-5).
18    (b-10) Upon imposition of any sentence, the trial court
19shall also either order restitution paid to the victim or
20impose a fine up to $1,000. In addition, any order of probation
21or conditional discharge entered following a conviction or an
22adjudication of delinquency shall include a condition that the
23offender perform public or community service of no less than
24200 hours if that service is established in the county where
25the offender was convicted of hate crime. The court may also
26impose any other condition of probation or conditional

 

 

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1discharge under this Section.
2    (c) Independent of any criminal prosecution or the result
3thereof, any person suffering injury to his person or damage to
4his property as a result of hate crime may bring a civil action
5for damages, injunction or other appropriate relief. The court
6may award actual damages, including damages for emotional
7distress, or punitive damages. A judgment may include
8attorney's fees and costs. The parents or legal guardians,
9other than guardians appointed pursuant to the Juvenile Court
10Act or the Juvenile Court Act of 1987, of an unemancipated
11minor shall be liable for the amount of any judgment for actual
12damages rendered against such minor under this subsection (c)
13in any amount not exceeding the amount provided under Section 5
14of the Parental Responsibility Law.
15    (d) "Sexual orientation" means heterosexuality,
16homosexuality, or bisexuality.
17(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80,
18eff. 6-27-05.)
 
19    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
20    Sec. 12-7.3. Stalking.
21    (a) A person commits stalking when he or she knowingly
22engages in a course of conduct directed at a specific person,
23and he or she knows or should know that this course of conduct
24would cause a reasonable person to:
25        (1) fear for his or her safety or the safety of a third

 

 

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1    person; or
2        (2) suffer other emotional distress.
3    (a-3) A person commits stalking when he or she, knowingly
4and without lawful justification, on at least 2 separate
5occasions follows another person or places the person under
6surveillance or any combination thereof and:
7        (1) at any time transmits a threat of immediate or
8    future bodily harm, sexual assault, confinement or
9    restraint and the threat is directed towards that person or
10    a family member of that person; or
11        (2) places that person in reasonable apprehension of
12    immediate or future bodily harm, sexual assault,
13    confinement or restraint to or of that person or a family
14    member of that person. ; or
15        (3) places that person in reasonable apprehension that
16    a family member will receive immediate or future bodily
17    harm, sexual assault, confinement, or restraint.
18    (a-5) A person commits stalking when he or she has
19previously been convicted of stalking another person and
20knowingly and without lawful justification on one occasion:
21        (1) follows that same person or places that same person
22    under surveillance; and
23        (2) transmits a threat of immediate or future bodily
24    harm, sexual assault, confinement or restraint to that
25    person or a family member of that person. ; and
26        (3) the threat is directed towards that person or a

 

 

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1    family member of that person.
2    (b) Sentence. Stalking is a Class 4 felony; a . A second or
3subsequent conviction for stalking is a Class 3 felony.
4    (c) Definitions. For purposes of this Section:
5        (1) "Course of conduct" means 2 or more acts, including
6    but not limited to acts in which a defendant directly,
7    indirectly, or through third parties, by any action,
8    method, device, or means follows, monitors, observes,
9    surveils, threatens, or communicates to or about, a person,
10    engages in other non-consensual contact, or interferes
11    with or damages a person's property or pet. A course of
12    conduct may include contact via electronic communications.
13        (2) "Electronic communication" means any transfer of
14    signs, signals, writings, sounds, data, or intelligence of
15    any nature transmitted in whole or in part by a wire,
16    radio, electromagnetic, photoelectric, or photo-optical
17    system. "Electronic communication" includes transmissions
18    by a computer through the Internet to another computer.
19        (3) "Emotional distress" means significant mental
20    suffering, anxiety or alarm.
21        (4) "Family member" means a parent, grandparent,
22    brother, sister, or child, whether by whole blood,
23    half-blood, or adoption and includes a step-grandparent,
24    step-parent, step-brother, step-sister or step-child.
25    "Family member" also means any other person who regularly
26    resides in the household, or who, within the prior 6

 

 

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1    months, regularly resided in the household.
2        (5) "Follows another person" means (i) to move in
3    relative proximity to a person as that person moves from
4    place to place or (ii) to remain in relative proximity to a
5    person who is stationary or whose movements are confined to
6    a small area. "Follows another person" does not include a
7    following within the residence of the defendant.
8        (6) "Non-consensual contact" means any contact with
9    the victim that is initiated or continued without the
10    victim's consent, including but not limited to being in the
11    physical presence of the victim; appearing within the sight
12    of the victim; approaching or confronting the victim in a
13    public place or on private property; appearing at the
14    workplace or residence of the victim; entering onto or
15    remaining on property owned, leased, or occupied by the
16    victim; or placing an object on, or delivering an object
17    to, property owned, leased, or occupied by the victim.
18        (7) "Places a person under surveillance" means: (1)
19    remaining present outside the person's school, place of
20    employment, vehicle, other place occupied by the person, or
21    residence other than the residence of the defendant; or (2)
22    placing an electronic tracking device on the person or the
23    person's property.
24        (8) "Reasonable person" means a person in the victim's
25    situation.
26        (9) "Transmits a threat" means a verbal or written

 

 

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1    threat or a threat implied by a pattern of conduct or a
2    combination of verbal or written statements or conduct.
3    (d) Exemptions.
4        (1) This Section does not apply to any individual or
5    organization (i) monitoring or attentive to compliance
6    with public or worker safety laws, wage and hour
7    requirements, or other statutory requirements, or (ii)
8    picketing occurring at the workplace that is otherwise
9    lawful and arises out of a bona fide labor dispute,
10    including any controversy concerning wages, salaries,
11    hours, working conditions or benefits, including health
12    and welfare, sick leave, insurance, and pension or
13    retirement provisions, the making or maintaining of
14    collective bargaining agreements, and the terms to be
15    included in those agreements.
16        (2) This Section does not apply to an exercise of the
17    right to free speech or assembly that is otherwise lawful.
18        (3) Telecommunications carriers, commercial mobile
19    service providers, and providers of information services,
20    including, but not limited to, Internet service providers
21    and hosting service providers, are not liable under this
22    Section, except for willful and wanton misconduct, by
23    virtue of the transmission, storage, or caching of
24    electronic communications or messages of others or by
25    virtue of the provision of other related
26    telecommunications, commercial mobile services, or

 

 

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1    information services used by others in violation of this
2    Section.
3    (d-5) The incarceration of a person in a penal institution
4who commits the course of conduct or transmits a threat is not
5a bar to prosecution under this Section.
6(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
 
7    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
8    Sec. 12-7.4. Aggravated stalking.
9    (a) A person commits aggravated stalking when he or she
10commits , in conjunction with committing the offense of stalking
11and , also does any of the following:
12        (1) causes bodily harm to the victim;
13        (2) confines or restrains the victim; or
14        (3) violates a temporary restraining order, an order of
15    protection, a stalking no contact order, a civil no contact
16    order, or an injunction prohibiting the behavior described
17    in subsection (b)(1) of Section 214 of the Illinois
18    Domestic Violence Act of 1986.
19    (b) Sentence. Aggravated stalking is a Class 3 felony; a . A
20second or subsequent conviction for aggravated stalking is a
21Class 2 felony.
22    (c) Exemptions.
23        (1) This Section does not apply to any individual or
24    organization (i) monitoring or attentive to compliance
25    with public or worker safety laws, wage and hour

 

 

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1    requirements, or other statutory requirements, or (ii)
2    picketing occurring at the workplace that is otherwise
3    lawful and arises out of a bona fide labor dispute
4    including any controversy concerning wages, salaries,
5    hours, working conditions or benefits, including health
6    and welfare, sick leave, insurance, and pension or
7    retirement provisions, the managing or maintenance of
8    collective bargaining agreements, and the terms to be
9    included in those agreements.
10        (2) This Section does not apply to an exercise of the
11    right of free speech or assembly that is otherwise lawful.
12        (3) Telecommunications carriers, commercial mobile
13    service providers, and providers of information services,
14    including, but not limited to, Internet service providers
15    and hosting service providers, are not liable under this
16    Section, except for willful and wanton misconduct, by
17    virtue of the transmission, storage, or caching of
18    electronic communications or messages of others or by
19    virtue of the provision of other related
20    telecommunications, commercial mobile services, or
21    information services used by others in violation of this
22    Section.
23(Source: P.A. 96-686, eff. 1-1-10.)
 
24    (720 ILCS 5/12-7.5)
25    Sec. 12-7.5. Cyberstalking.

 

 

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1    (a) A person commits cyberstalking when he or she engages
2in a course of conduct using electronic communication directed
3at a specific person, and he or she knows or should know that
4would cause a reasonable person to:
5        (1) fear for his or her safety or the safety of a third
6    person; or
7        (2) suffer other emotional distress.
8    (a-3) A person commits cyberstalking when he or she,
9knowingly and without lawful justification, on at least 2
10separate occasions, harasses another person through the use of
11electronic communication and:
12        (1) at any time transmits a threat of immediate or
13    future bodily harm, sexual assault, confinement, or
14    restraint and the threat is directed towards that person or
15    a family member of that person; or
16        (2) places that person or a family member of that
17    person in reasonable apprehension of immediate or future
18    bodily harm, sexual assault, confinement, or restraint; or
19        (3) at any time knowingly solicits the commission of an
20    act by any person which would be a violation of this Code
21    directed towards that person or a family member of that
22    person.
23    (a-5) A person commits cyberstalking when he or she,
24knowingly and without lawful justification, creates and
25maintains an Internet website or webpage which is accessible to
26one or more third parties for a period of at least 24 hours,

 

 

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1and which contains statements harassing another person and:
2        (1) which communicates a threat of immediate or future
3    bodily harm, sexual assault, confinement, or restraint,
4    where the threat is directed towards that person or a
5    family member of that person, or
6        (2) which places that person or a family member of that
7    person in reasonable apprehension of immediate or future
8    bodily harm, sexual assault, confinement, or restraint, or
9        (3) which knowingly solicits the commission of an act
10    by any person which would be a violation of this Code
11    directed towards that person or a family member of that
12    person.
13    (b) Sentence. Cyberstalking is a Class 4 felony; a . A
14second or subsequent conviction for cyberstalking is a Class 3
15felony.
16    (c) For purposes of this Section:
17        (1) "Course of conduct" means 2 or more acts, including
18    but not limited to acts in which a defendant directly,
19    indirectly, or through third parties, by any action,
20    method, device, or means follows, monitors, observes,
21    surveils, threatens, or communicates to or about, a person,
22    engages in other non-consensual contact, or interferes
23    with or damages a person's property or pet. The
24    incarceration in a penal institution of a person who
25    commits the course of conduct is not a bar to prosecution
26    under this Section.

 

 

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1        (2) "Electronic communication" means any transfer of
2    signs, signals, writings, sounds, data, or intelligence of
3    any nature transmitted in whole or in part by a wire,
4    radio, electromagnetic, photoelectric, or photo-optical
5    system. "Electronic communication" includes transmissions
6    by a computer through the Internet to another computer.
7        (3) "Emotional distress" means significant mental
8    suffering, anxiety or alarm.
9        (4) "Harass" means to engage in a knowing and willful
10    course of conduct directed at a specific person that
11    alarms, torments, or terrorizes that person.
12        (5) "Non-consensual contact" means any contact with
13    the victim that is initiated or continued without the
14    victim's consent, including but not limited to being in the
15    physical presence of the victim; appearing within the sight
16    of the victim; approaching or confronting the victim in a
17    public place or on private property; appearing at the
18    workplace or residence of the victim; entering onto or
19    remaining on property owned, leased, or occupied by the
20    victim; or placing an object on, or delivering an object
21    to, property owned, leased, or occupied by the victim.
22        (6) "Reasonable person" means a person in the victim's
23    circumstances, with the victim's knowledge of the
24    defendant and the defendant's prior acts.
25        (7) "Third party" means any person other than the
26    person violating these provisions and the person or persons

 

 

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1    towards whom the violator's actions are directed.
2    (d) Telecommunications carriers, commercial mobile service
3providers, and providers of information services, including,
4but not limited to, Internet service providers and hosting
5service providers, are not liable under this Section, except
6for willful and wanton misconduct, by virtue of the
7transmission, storage, or caching of electronic communications
8or messages of others or by virtue of the provision of other
9related telecommunications, commercial mobile services, or
10information services used by others in violation of this
11Section.
12(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
1396-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
14    (720 ILCS 5/12-7.6)
15    Sec. 12-7.6. Cross burning.
16    (a) A person commits the offense of cross burning when he
17or she who, with the intent to intimidate any other person or
18group of persons, burns or causes to be burned a cross.
19    (b) Sentence. Cross burning is a Class A misdemeanor for a
20first offense and a Class 4 felony for a second or subsequent
21offense.
22    (c) For the purposes of this Section, a person acts with
23the "intent to intimidate" when he or she intentionally places
24or attempts to place another person in fear of physical injury
25or fear of damage to that other person's property.

 

 

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1(Source: P.A. 93-764, eff. 1-1-05.)
 
2    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
3    Sec. 12-9. Threatening public officials.
4    (a) A person commits the offense of threatening a public
5official when:
6        (1) that person knowingly and willfully delivers or
7    conveys, directly or indirectly, to a public official by
8    any means a communication:
9            (i) containing a threat that would place the public
10        official or a member of his or her immediate family in
11        reasonable apprehension of immediate or future bodily
12        harm, sexual assault, confinement, or restraint; or
13            (ii) containing a threat that would place the
14        public official or a member of his or her immediate
15        family in reasonable apprehension that damage will
16        occur to property in the custody, care, or control of
17        the public official or his or her immediate family; and
18        (2) the threat was conveyed because of the performance
19    or nonperformance of some public duty, because of hostility
20    of the person making the threat toward the status or
21    position of the public official, or because of any other
22    factor related to the official's public existence.
23    (a-5) For purposes of a threat to a sworn law enforcement
24officer, the threat must contain specific facts indicative of a
25unique threat to the person, family or property of the officer

 

 

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1and not a generalized threat of harm.
2    (b) For purposes of this Section:
3        (1) "Public official" means a person who is elected to
4    office in accordance with a statute or who is appointed to
5    an office which is established, and the qualifications and
6    duties of which are prescribed, by statute, to discharge a
7    public duty for the State or any of its political
8    subdivisions or in the case of an elective office any
9    person who has filed the required documents for nomination
10    or election to such office. "Public official" includes a
11    duly appointed assistant State's Attorney, assistant
12    Attorney General, or Appellate Prosecutor, and a sworn law
13    enforcement or peace officer.
14        (2) "Immediate family" means a public official's
15    spouse or child or children.
16    (c) Threatening a public official is a Class 3 felony for a
17first offense and a Class 2 felony for a second or subsequent
18offense.
19(Source: P.A. 95-466, eff. 6-1-08.)
 
20    (720 ILCS 5/Art.12, Subdiv. 20 heading new)
21
SUBDIVISION 20. MUTILATION

 
22    (720 ILCS 5/12-10.2)
23    Sec. 12-10.2. Tongue splitting.
24    (a) In this Section, "tongue splitting" means the cutting

 

 

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1of a human tongue into 2 or more parts.
2    (b) A person may not knowingly perform tongue splitting on
3another person unless the person performing the tongue
4splitting is licensed to practice medicine in all its branches
5under the Medical Practice Act of 1987 or licensed under the
6Illinois Dental Practice Act.
7    (c) Sentence. Tongue splitting performed in violation of
8this Section is a Class A misdemeanor for a first offense and a
9Class 4 felony for a second or subsequent offense.
10(Source: P.A. 93-449, eff. 1-1-04.)
 
11    (720 ILCS 5/12-20)  (from Ch. 38, par. 12-20)
12    Sec. 12-20. Sale of body parts.
13    (a) Except as provided in subsection (b), any person who
14knowingly buys or sells, or offers to buy or sell, a human body
15or any part of a human body, is guilty of a Class A misdemeanor
16for the first conviction and a Class 4 felony for subsequent
17convictions.
18    (b) This Section does not prohibit:
19        (1) An anatomical gift made in accordance with the
20    Illinois Anatomical Gift Act.
21        (2) (Blank). The removal and use of a human cornea in
22    accordance with the Illinois Anatomical Gift Act.
23        (3) Reimbursement of actual expenses incurred by a
24    living person in donating an organ, tissue or other body
25    part or fluid for transplantation, implantation, infusion,

 

 

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1    injection, or other medical or scientific purpose,
2    including medical costs, loss of income, and travel
3    expenses.
4        (4) Payments provided under a plan of insurance or
5    other health care coverage.
6        (5) Reimbursement of reasonable costs associated with
7    the removal, storage or transportation of a human body or
8    part thereof donated for medical or scientific purposes.
9        (6) Purchase or sale of blood, plasma, blood products
10    or derivatives, other body fluids, or human hair.
11        (7) Purchase or sale of drugs, reagents or other
12    substances made from human bodies or body parts, for use in
13    medical or scientific research, treatment or diagnosis.
14(Source: P.A. 93-794, eff. 7-22-04.)
 
15    (720 ILCS 5/12-20.5)
16    Sec. 12-20.5. Dismembering a human body.
17    (a) A person commits the offense of dismembering a human
18body when he or she knowingly dismembers, severs, separates,
19dissects, or mutilates any body part of a deceased's body.
20    (b) This Section does not apply to:
21        (1) an anatomical gift made in accordance with the
22    Illinois Anatomical Gift Act;
23        (2) (blank); the removal and use of a human cornea in
24    accordance with the Illinois Anatomical Gift Act;
25        (3) the purchase or sale of drugs, reagents, or other

 

 

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1    substances made from human body parts, for the use in
2    medical or scientific research, treatment, or diagnosis;
3        (4) persons employed by a county medical examiner's
4    office or coroner's office acting within the scope of their
5    employment while performing an autopsy;
6        (5) the acts of a licensed funeral director or embalmer
7    while performing acts authorized by the Funeral Directors
8    and Embalmers Licensing Code;
9        (6) the acts of emergency medical personnel or
10    physicians performed in good faith and according to the
11    usual and customary standards of medical practice in an
12    attempt to resuscitate a life; or
13        (7) physicians licensed to practice medicine in all of
14    its branches or holding a visiting professor, physician, or
15    resident permit under the Medical Practice Act of 1987,
16    performing acts in accordance with usual and customary
17    standards of medical practice, or a currently enrolled
18    student in an accredited medical school in furtherance of
19    his or her education at the accredited medical school.
20    (c) It is not a defense to a violation of this Section that
21the decedent died due to natural, accidental, or suicidal
22causes.
23    (d) Sentence. Dismembering a human body is a Class X
24felony.
25(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    (720 ILCS 5/12-32)  (from Ch. 38, par. 12-32)
2    Sec. 12-32. Ritual mutilation Mutilation.
3    (a) A person commits the offense of ritual mutilation, when
4he or she knowingly mutilates, dismembers or tortures another
5person as part of a ceremony, rite, initiation, observance,
6performance or practice, and the victim did not consent or
7under such circumstances that the defendant knew or should have
8known that the victim was unable to render effective consent.
9    (b) Ritual mutilation does not include the practice of male
10circumcision or a ceremony, rite, initiation, observance, or
11performance related thereto. Sentence. Ritual mutilation is a
12Class 2 felony.
13    (c) Sentence. Ritual mutilation is a Class 2 felony. The
14offense ritual mutilation does not include the practice of male
15circumcision or a ceremony, rite, initiation, observance, or
16performance related thereto.
17(Source: P.A. 90-88, eff. 1-1-98.)
 
18    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)
19    Sec. 12-33. Ritualized abuse of a child.
20    (a) A person commits is guilty of ritualized abuse of a
21child when he or she knowingly commits any of the following
22acts with, upon, or in the presence of a child as part of a
23ceremony, rite or any similar observance:
24        (1) actually or in simulation, tortures, mutilates, or
25    sacrifices any warm-blooded animal or human being;

 

 

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1        (2) forces ingestion, injection or other application
2    of any narcotic, drug, hallucinogen or anaesthetic for the
3    purpose of dulling sensitivity, cognition, recollection
4    of, or resistance to any criminal activity;
5        (3) forces ingestion, or external application, of
6    human or animal urine, feces, flesh, blood, bones, body
7    secretions, nonprescribed drugs or chemical compounds;
8        (4) involves the child in a mock, unauthorized or
9    unlawful marriage ceremony with another person or
10    representation of any force or deity, followed by sexual
11    contact with the child;
12        (5) places a living child into a coffin or open grave
13    containing a human corpse or remains;
14        (6) threatens death or serious harm to a child, his or
15    her parents, family, pets, or friends that instills a
16    well-founded fear in the child that the threat will be
17    carried out; or
18        (7) unlawfully dissects, mutilates, or incinerates a
19    human corpse.
20    (b) The provisions of this Section shall not be construed
21to apply to:
22        (1) lawful agricultural, animal husbandry, food
23    preparation, or wild game hunting and fishing practices and
24    specifically the branding or identification of livestock;
25        (2) the lawful medical practice of male circumcision or
26    any ceremony related to male circumcision;

 

 

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1        (3) any state or federally approved, licensed, or
2    funded research project; or
3        (4) the ingestion of animal flesh or blood in the
4    performance of a religious service or ceremony.
5    (b-5) For the purposes of this Section, "child" means any
6person under 18 years of age.
7    (c) Ritualized abuse of a child is a Class 1 felony for a
8first offense. A second or subsequent conviction for ritualized
9abuse of a child is a Class X felony for which the offender may
10be sentenced to a term of natural life imprisonment.
11    (d) (Blank). For the purposes of this Section, "child"
12means any person under 18 years of age.
13(Source: P.A. 90-88, eff. 1-1-98.)
 
14    (720 ILCS 5/12-34)
15    Sec. 12-34. Female genital mutilation.
16    (a) Except as otherwise permitted in subsection (b),
17whoever knowingly circumcises, excises, or infibulates, in
18whole or in part, the labia majora, labia minora, or clitoris
19of another commits the offense of female genital mutilation.
20Consent to the procedure by a minor on whom it is performed or
21by the minor's parent or guardian is not a defense to a
22violation of this Section.
23    (b) A surgical procedure is not a violation of subsection
24(a) if the procedure is performed by a physician licensed to
25practice medicine in all its branches and:

 

 

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1        (1) is necessary to the health of the person on whom it
2    is performed and is performed by a physician licensed to
3    practice medicine in all of its branches; or
4        (2) is performed on a person who is in labor or who has
5    just given birth and is performed for medical purposes
6    connected with that labor or birth by a physician licensed
7    to practice medicine in all of its branches.
8    (c) Sentence. Female genital mutilation is a Class X
9felony.
10(Source: P.A. 90-88, eff. 1-1-98.)
 
11    (720 ILCS 5/Art. 12, Subdiv. 25 heading new)
12
SUBDIVISION 25. OTHER HARM OFFENSES

 
13    (720 ILCS 5/12-34.5)   (was 720 ILCS 5/12-31)
14    Sec. 12-34.5 12-31. Inducement to commit suicide Commit
15Suicide.
16    (a) A person commits the offense of inducement to commit
17suicide when he or she does either of the following:
18        (1) Knowingly coerces Coerces another to commit
19    suicide and the other person commits or attempts to commit
20    suicide as a direct result of the coercion, and he or she
21    exercises substantial control over the other person
22    through (i) control of the other person's physical location
23    or circumstances; (ii) use of psychological pressure; or
24    (iii) use of actual or ostensible religious, political,

 

 

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1    social, philosophical or other principles.
2        (2) With knowledge that another person intends to
3    commit or attempt to commit suicide, intentionally (i)
4    offers and provides the physical means by which another
5    person commits or attempts to commit suicide, or (ii)
6    participates in a physical act by which another person
7    commits or attempts to commit suicide.
8    For the purposes of this Section, "attempts to commit
9suicide" means any act done with the intent to commit suicide
10and which constitutes a substantial step toward commission of
11suicide.
12    (b) Sentence. Inducement to commit suicide under paragraph
13(a)(1) when the other person commits suicide as a direct result
14of the coercion is a Class 2 felony. Inducement to commit
15suicide under paragraph (a)(2) when the other person commits
16suicide as a direct result of the assistance provided is a
17Class 4 felony. Inducement to commit suicide under paragraph
18(a)(1) when the other person attempts to commit suicide as a
19direct result of the coercion is a Class 3 felony. Inducement
20to commit suicide under paragraph (a)(2) when the other person
21attempts to commit suicide as a direct result of the assistance
22provided is a Class A misdemeanor.
23    (c) The lawful compliance or a good-faith attempt at lawful
24compliance with the Illinois Living Will Act, the Health Care
25Surrogate Act, or the Powers of Attorney for Health Care Law is
26not inducement to commit suicide under paragraph (a)(2) of this

 

 

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1Section.
2(Source: P.A. 87-1167; 88-392.)
 
3    (720 ILCS 5/12-35)
4    Sec. 12-35. Sexual conduct or sexual contact with an
5animal.
6    (a) A person may not knowingly engage in any sexual conduct
7or sexual contact with an animal.
8    (b) A person may not knowingly cause, aid, or abet another
9person to engage in any sexual conduct or sexual contact with
10an animal.
11    (c) A person may not knowingly permit any sexual conduct or
12sexual contact with an animal to be conducted on any premises
13under his or her charge or control.
14    (d) A person may not knowingly engage in, promote, aid, or
15abet any activity involving any sexual conduct or sexual
16contact with an animal for a commercial or recreational
17purpose.
18    (e) Sentence. A person who violates this Section is guilty
19of a Class 4 felony. A person who violates this Section in the
20presence of a person under 18 years of age or causes the animal
21serious physical injury or death is guilty of a Class 3 felony.
22    (f) In addition to the penalty imposed in subsection (e),
23the court may order that the defendant do any of the following:
24        (1) Not harbor animals or reside in any household where
25    animals are present for a reasonable period of time or

 

 

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1    permanently, if necessary.
2        (2) Relinquish and permanently forfeit all animals
3    residing in the household to a recognized or duly organized
4    animal shelter or humane society.
5        (3) Undergo a psychological evaluation and counseling
6    at defendant's expense.
7        (4) Reimburse the animal shelter or humane society for
8    any reasonable costs incurred for the care and maintenance
9    of the animal involved in the sexual conduct or sexual
10    contact in addition to any animals relinquished to the
11    animal shelter or humane society.
12    (g) Nothing in this Section shall be construed to prohibit
13accepted animal husbandry practices or accepted veterinary
14medical practices by a licensed veterinarian or certified
15veterinary technician.
16    (h) If the court has reasonable grounds to believe that a
17violation of this Section has occurred, the court may order the
18seizure of all animals involved in the alleged violation as a
19condition of bond of a person charged with a violation of this
20Section.
21    (i) In this Section:
22    "Animal" means every creature, either alive or dead, other
23than a human being.
24    "Sexual conduct" means any knowing touching or fondling by
25a person, either directly or through clothing, of the sex
26organs or anus of an animal or any transfer or transmission of

 

 

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1semen by the person upon any part of the animal, for the
2purpose of sexual gratification or arousal of the person.
3    "Sexual contact" means any contact, however slight,
4between the sex organ or anus of a person and the sex organ,
5mouth, or anus of an animal, or any intrusion, however slight,
6of any part of the body of the person into the sex organ or anus
7of an animal, for the purpose of sexual gratification or
8arousal of the person. Evidence of emission of semen is not
9required to prove sexual contact.
10(Source: P.A. 92-721, eff. 1-1-03.)
 
11    (720 ILCS 5/12-4.1 rep.)
12    (720 ILCS 5/12-4.2 rep.)
13    (720 ILCS 5/12-4.2-5 rep.)
14    (720 ILCS 5/12-4.3 rep.)
15    (720 ILCS 5/12-4.4 rep.)
16    (720 ILCS 5/12-4.6 rep.)
17    (720 ILCS 5/12-4.7 rep.)
18    (720 ILCS 5/12-4.8 rep.)
19    (720 ILCS 5/12-19 rep.)
20    (720 ILCS 5/12-21 rep.)
21    (720 ILCS 5/Art. 45 heading rep.)
22    Section 10. The Criminal Code of 1961 is amended by
23repealing Sections 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
2412-4.6, 12-4.7, 12-4.8, 12-19, and 12-21 and the heading of
25Article 45.
 

 

 

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1    Section 900. The Children and Family Services Act is
2amended by changing Section 7 as follows:
 
3    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
4    Sec. 7. Placement of children; considerations.
5    (a) In placing any child under this Act, the Department
6shall place such child, as far as possible, in the care and
7custody of some individual holding the same religious belief as
8the parents of the child, or with some child care facility
9which is operated by persons of like religious faith as the
10parents of such child.
11    (b) In placing a child under this Act, the Department may
12place a child with a relative if the Department determines that
13the relative will be able to adequately provide for the child's
14safety and welfare based on the factors set forth in the
15Department's rules governing relative placements, and that the
16placement is consistent with the child's best interests, taking
17into consideration the factors set out in subsection (4.05) of
18Section 1-3 of the Juvenile Court Act of 1987.
19    When the Department first assumes custody of a child, in
20placing that child under this Act, the Department shall make
21reasonable efforts to identify and locate a relative who is
22ready, willing, and able to care for the child. At a minimum,
23these efforts shall be renewed each time the child requires a
24placement change and it is appropriate for the child to be

 

 

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1cared for in a home environment. The Department must document
2its efforts to identify and locate such a relative placement
3and maintain the documentation in the child's case file.
4    If the Department determines that a placement with any
5identified relative is not in the child's best interests or
6that the relative does not meet the requirements to be a
7relative caregiver, as set forth in Department rules or by
8statute, the Department must document the basis for that
9decision and maintain the documentation in the child's case
10file.
11    If, pursuant to the Department's rules, any person files an
12administrative appeal of the Department's decision not to place
13a child with a relative, it is the Department's burden to prove
14that the decision is consistent with the child's best
15interests.
16    When the Department determines that the child requires
17placement in an environment, other than a home environment, the
18Department shall continue to make reasonable efforts to
19identify and locate relatives to serve as visitation resources
20for the child and potential future placement resources, except
21when the Department determines that those efforts would be
22futile or inconsistent with the child's best interests.
23    If the Department determines that efforts to identify and
24locate relatives would be futile or inconsistent with the
25child's best interests, the Department shall document the basis
26of its determination and maintain the documentation in the

 

 

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1child's case file.
2    If the Department determines that an individual or a group
3of relatives are inappropriate to serve as visitation resources
4or possible placement resources, the Department shall document
5the basis of its determination and maintain the documentation
6in the child's case file.
7    When the Department determines that an individual or a
8group of relatives are appropriate to serve as visitation
9resources or possible future placement resources, the
10Department shall document the basis of its determination,
11maintain the documentation in the child's case file, create a
12visitation or transition plan, or both, and incorporate the
13visitation or transition plan, or both, into the child's case
14plan. For the purpose of this subsection, any determination as
15to the child's best interests shall include consideration of
16the factors set out in subsection (4.05) of Section 1-3 of the
17Juvenile Court Act of 1987.
18    The Department may not place a child with a relative, with
19the exception of certain circumstances which may be waived as
20defined by the Department in rules, if the results of a check
21of the Law Enforcement Agencies Data System (LEADS) identifies
22a prior criminal conviction of the relative or any adult member
23of the relative's household for any of the following offenses
24under the Criminal Code of 1961:
25        (1) murder;
26        (1.1) solicitation of murder;

 

 

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1        (1.2) solicitation of murder for hire;
2        (1.3) intentional homicide of an unborn child;
3        (1.4) voluntary manslaughter of an unborn child;
4        (1.5) involuntary manslaughter;
5        (1.6) reckless homicide;
6        (1.7) concealment of a homicidal death;
7        (1.8) involuntary manslaughter of an unborn child;
8        (1.9) reckless homicide of an unborn child;
9        (1.10) drug-induced homicide;
10        (2) a sex offense under Article 11, except offenses
11    described in Sections 11-7, 11-8, 11-12, and 11-13;
12        (3) kidnapping;
13        (3.1) aggravated unlawful restraint;
14        (3.2) forcible detention;
15        (3.3) aiding and abetting child abduction;
16        (4) aggravated kidnapping;
17        (5) child abduction;
18        (6) aggravated battery of a child as described in
19    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
20        (7) criminal sexual assault;
21        (8) aggravated criminal sexual assault;
22        (8.1) predatory criminal sexual assault of a child;
23        (9) criminal sexual abuse;
24        (10) aggravated sexual abuse;
25        (11) heinous battery as described in Section 12-4.1 or
26    subdivision (a)(2) of Section 12-3.05;

 

 

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1        (12) aggravated battery with a firearm as described in
2    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3    (e)(4) of Section 12-3.05;
4        (13) tampering with food, drugs, or cosmetics;
5        (14) drug-induced infliction of great bodily harm as
6    described in Section 12-4.7 or subdivision (g)(1) of
7    Section 12-3.05;
8        (15) aggravated stalking;
9        (16) home invasion;
10        (17) vehicular invasion;
11        (18) criminal transmission of HIV;
12        (19) criminal abuse or neglect of an elderly or
13    disabled person as described in Section 12-21 or subsection
14    (b) of Section 12-4.4a;
15        (20) child abandonment;
16        (21) endangering the life or health of a child;
17        (22) ritual mutilation;
18        (23) ritualized abuse of a child;
19        (24) an offense in any other state the elements of
20    which are similar and bear a substantial relationship to
21    any of the foregoing offenses.
22For the purpose of this subsection, "relative" shall include
23any person, 21 years of age or over, other than the parent, who
24(i) is currently related to the child in any of the following
25ways by blood or adoption: grandparent, sibling,
26great-grandparent, uncle, aunt, nephew, niece, first cousin,

 

 

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1second cousin, godparent, great-uncle, or great-aunt; or (ii)
2is the spouse of such a relative; or (iii) is the child's
3step-father, step-mother, or adult step-brother or
4step-sister; "relative" also includes a person related in any
5of the foregoing ways to a sibling of a child, even though the
6person is not related to the child, when the child and its
7sibling are placed together with that person. For children who
8have been in the guardianship of the Department, have been
9adopted, and are subsequently returned to the temporary custody
10or guardianship of the Department, a "relative" may also
11include any person who would have qualified as a relative under
12this paragraph prior to the adoption, but only if the
13Department determines, and documents, that it would be in the
14child's best interests to consider this person a relative,
15based upon the factors for determining best interests set forth
16in subsection (4.05) of Section 1-3 of the Juvenile Court Act
17of 1987. A relative with whom a child is placed pursuant to
18this subsection may, but is not required to, apply for
19licensure as a foster family home pursuant to the Child Care
20Act of 1969; provided, however, that as of July 1, 1995, foster
21care payments shall be made only to licensed foster family
22homes pursuant to the terms of Section 5 of this Act.
23    (c) In placing a child under this Act, the Department shall
24ensure that the child's health, safety, and best interests are
25met. In rejecting placement of a child with an identified
26relative, the Department shall ensure that the child's health,

 

 

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1safety, and best interests are met. In evaluating the best
2interests of the child, the Department shall take into
3consideration the factors set forth in subsection (4.05) of
4Section 1-3 of the Juvenile Court Act of 1987.
5    The Department shall consider the individual needs of the
6child and the capacity of the prospective foster or adoptive
7parents to meet the needs of the child. When a child must be
8placed outside his or her home and cannot be immediately
9returned to his or her parents or guardian, a comprehensive,
10individualized assessment shall be performed of that child at
11which time the needs of the child shall be determined. Only if
12race, color, or national origin is identified as a legitimate
13factor in advancing the child's best interests shall it be
14considered. Race, color, or national origin shall not be
15routinely considered in making a placement decision. The
16Department shall make special efforts for the diligent
17recruitment of potential foster and adoptive families that
18reflect the ethnic and racial diversity of the children for
19whom foster and adoptive homes are needed. "Special efforts"
20shall include contacting and working with community
21organizations and religious organizations and may include
22contracting with those organizations, utilizing local media
23and other local resources, and conducting outreach activities.
24    (c-1) At the time of placement, the Department shall
25consider concurrent planning, as described in subsection (l-1)
26of Section 5, so that permanency may occur at the earliest

 

 

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1opportunity. Consideration should be given so that if
2reunification fails or is delayed, the placement made is the
3best available placement to provide permanency for the child.
4    (d) The Department may accept gifts, grants, offers of
5services, and other contributions to use in making special
6recruitment efforts.
7    (e) The Department in placing children in adoptive or
8foster care homes may not, in any policy or practice relating
9to the placement of children for adoption or foster care,
10discriminate against any child or prospective adoptive or
11foster parent on the basis of race.
12(Source: P.A. 94-880, eff. 8-1-06.)
 
13    Section 905. The Criminal Identification Act is amended by
14changing Sections 2.1 and 5.2 as follows:
 
15    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
16    Sec. 2.1. For the purpose of maintaining complete and
17accurate criminal records of the Department of State Police, it
18is necessary for all policing bodies of this State, the clerk
19of the circuit court, the Illinois Department of Corrections,
20the sheriff of each county, and State's Attorney of each county
21to submit certain criminal arrest, charge, and disposition
22information to the Department for filing at the earliest time
23possible. Unless otherwise noted herein, it shall be the duty
24of all policing bodies of this State, the clerk of the circuit

 

 

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1court, the Illinois Department of Corrections, the sheriff of
2each county, and the State's Attorney of each county to report
3such information as provided in this Section, both in the form
4and manner required by the Department and within 30 days of the
5criminal history event. Specifically:
6    (a) Arrest Information. All agencies making arrests for
7offenses which are required by statute to be collected,
8maintained or disseminated by the Department of State Police
9shall be responsible for furnishing daily to the Department
10fingerprints, charges and descriptions of all persons who are
11arrested for such offenses. All such agencies shall also notify
12the Department of all decisions by the arresting agency not to
13refer such arrests for prosecution. With approval of the
14Department, an agency making such arrests may enter into
15arrangements with other agencies for the purpose of furnishing
16daily such fingerprints, charges and descriptions to the
17Department upon its behalf.
18    (b) Charge Information. The State's Attorney of each county
19shall notify the Department of all charges filed and all
20petitions filed alleging that a minor is delinquent, including
21all those added subsequent to the filing of a case, and whether
22charges were not filed in cases for which the Department has
23received information required to be reported pursuant to
24paragraph (a) of this Section. With approval of the Department,
25the State's Attorney may enter into arrangements with other
26agencies for the purpose of furnishing the information required

 

 

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1by this subsection (b) to the Department upon the State's
2Attorney's behalf.
3    (c) Disposition Information. The clerk of the circuit court
4of each county shall furnish the Department, in the form and
5manner required by the Supreme Court, with all final
6dispositions of cases for which the Department has received
7information required to be reported pursuant to paragraph (a)
8or (d) of this Section. Such information shall include, for
9each charge, all (1) judgments of not guilty, judgments of
10guilty including the sentence pronounced by the court, findings
11that a minor is delinquent and any sentence made based on those
12findings, discharges and dismissals in the court; (2) reviewing
13court orders filed with the clerk of the circuit court which
14reverse or remand a reported conviction or findings that a
15minor is delinquent or that vacate or modify a sentence or
16sentence made following a trial that a minor is delinquent; (3)
17continuances to a date certain in furtherance of an order of
18supervision granted under Section 5-6-1 of the Unified Code of
19Corrections or an order of probation granted under Section 10
20of the Cannabis Control Act, Section 410 of the Illinois
21Controlled Substances Act, Section 70 of the Methamphetamine
22Control and Community Protection Act, Section 12-4.3 or
23subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
241961, Section 10-102 of the Illinois Alcoholism and Other Drug
25Dependency Act, Section 40-10 of the Alcoholism and Other Drug
26Abuse and Dependency Act, Section 10 of the Steroid Control

 

 

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1Act, or Section 5-615 of the Juvenile Court Act of 1987; and
2(4) judgments or court orders terminating or revoking a
3sentence to or juvenile disposition of probation, supervision
4or conditional discharge and any resentencing or new court
5orders entered by a juvenile court relating to the disposition
6of a minor's case involving delinquency after such revocation.
7    (d) Fingerprints After Sentencing.
8        (1) After the court pronounces sentence, sentences a
9    minor following a trial in which a minor was found to be
10    delinquent or issues an order of supervision or an order of
11    probation granted under Section 10 of the Cannabis Control
12    Act, Section 410 of the Illinois Controlled Substances Act,
13    Section 70 of the Methamphetamine Control and Community
14    Protection Act, Section 12-4.3 or subdivision (b)(1) of
15    Section 12-3.05 of the Criminal Code of 1961, Section
16    10-102 of the Illinois Alcoholism and Other Drug Dependency
17    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
18    and Dependency Act, Section 10 of the Steroid Control Act,
19    or Section 5-615 of the Juvenile Court Act of 1987 for any
20    offense which is required by statute to be collected,
21    maintained, or disseminated by the Department of State
22    Police, the State's Attorney of each county shall ask the
23    court to order a law enforcement agency to fingerprint
24    immediately all persons appearing before the court who have
25    not previously been fingerprinted for the same case. The
26    court shall so order the requested fingerprinting, if it

 

 

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1    determines that any such person has not previously been
2    fingerprinted for the same case. The law enforcement agency
3    shall submit such fingerprints to the Department daily.
4        (2) After the court pronounces sentence or makes a
5    disposition of a case following a finding of delinquency
6    for any offense which is not required by statute to be
7    collected, maintained, or disseminated by the Department
8    of State Police, the prosecuting attorney may ask the court
9    to order a law enforcement agency to fingerprint
10    immediately all persons appearing before the court who have
11    not previously been fingerprinted for the same case. The
12    court may so order the requested fingerprinting, if it
13    determines that any so sentenced person has not previously
14    been fingerprinted for the same case. The law enforcement
15    agency may retain such fingerprints in its files.
16    (e) Corrections Information. The Illinois Department of
17Corrections and the sheriff of each county shall furnish the
18Department with all information concerning the receipt,
19escape, execution, death, release, pardon, parole, commutation
20of sentence, granting of executive clemency or discharge of an
21individual who has been sentenced or committed to the agency's
22custody for any offenses which are mandated by statute to be
23collected, maintained or disseminated by the Department of
24State Police. For an individual who has been charged with any
25such offense and who escapes from custody or dies while in
26custody, all information concerning the receipt and escape or

 

 

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1death, whichever is appropriate, shall also be so furnished to
2the Department.
3(Source: P.A. 94-556, eff. 9-11-05.)
 
4    (20 ILCS 2630/5.2)
5    Sec. 5.2. Expungement and sealing.
6    (a) General Provisions.
7        (1) Definitions. In this Act, words and phrases have
8    the meanings set forth in this subsection, except when a
9    particular context clearly requires a different meaning.
10            (A) The following terms shall have the meanings
11        ascribed to them in the Unified Code of Corrections,
12        730 ILCS 5/5-1-2 through 5/5-1-22:
13                (i) Business Offense (730 ILCS 5/5-1-2),
14                (ii) Charge (730 ILCS 5/5-1-3),
15                (iii) Court (730 ILCS 5/5-1-6),
16                (iv) Defendant (730 ILCS 5/5-1-7),
17                (v) Felony (730 ILCS 5/5-1-9),
18                (vi) Imprisonment (730 ILCS 5/5-1-10),
19                (vii) Judgment (730 ILCS 5/5-1-12),
20                (viii) Misdemeanor (730 ILCS 5/5-1-14),
21                (ix) Offense (730 ILCS 5/5-1-15),
22                (x) Parole (730 ILCS 5/5-1-16),
23                (xi) Petty Offense (730 ILCS 5/5-1-17),
24                (xii) Probation (730 ILCS 5/5-1-18),
25                (xiii) Sentence (730 ILCS 5/5-1-19),

 

 

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1                (xiv) Supervision (730 ILCS 5/5-1-21), and
2                (xv) Victim (730 ILCS 5/5-1-22).
3            (B) As used in this Section, "charge not initiated
4        by arrest" means a charge (as defined by 730 ILCS
5        5/5-1-3) brought against a defendant where the
6        defendant is not arrested prior to or as a direct
7        result of the charge.
8            (C) "Conviction" means a judgment of conviction or
9        sentence entered upon a plea of guilty or upon a
10        verdict or finding of guilty of an offense, rendered by
11        a legally constituted jury or by a court of competent
12        jurisdiction authorized to try the case without a jury.
13        An order of supervision successfully completed by the
14        petitioner is not a conviction. An order of qualified
15        probation (as defined in subsection (a)(1)(J))
16        successfully completed by the petitioner is not a
17        conviction. An order of supervision or an order of
18        qualified probation that is terminated
19        unsatisfactorily is a conviction, unless the
20        unsatisfactory termination is reversed, vacated, or
21        modified and the judgment of conviction, if any, is
22        reversed or vacated.
23            (D) "Criminal offense" means a petty offense,
24        business offense, misdemeanor, felony, or municipal
25        ordinance violation (as defined in subsection
26        (a)(1)(H)). As used in this Section, a minor traffic

 

 

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1        offense (as defined in subsection (a)(1)(G)) shall not
2        be considered a criminal offense.
3            (E) "Expunge" means to physically destroy the
4        records or return them to the petitioner and to
5        obliterate the petitioner's name from any official
6        index or public record, or both. Nothing in this Act
7        shall require the physical destruction of the circuit
8        court file, but such records relating to arrests or
9        charges, or both, ordered expunged shall be impounded
10        as required by subsections (d)(9)(A)(ii) and
11        (d)(9)(B)(ii).
12            (F) As used in this Section, "last sentence" means
13        the sentence, order of supervision, or order of
14        qualified probation (as defined by subsection
15        (a)(1)(J)), for a criminal offense (as defined by
16        subsection (a)(1)(D)) that terminates last in time in
17        any jurisdiction, regardless of whether the petitioner
18        has included the criminal offense for which the
19        sentence or order of supervision or qualified
20        probation was imposed in his or her petition. If
21        multiple sentences, orders of supervision, or orders
22        of qualified probation terminate on the same day and
23        are last in time, they shall be collectively considered
24        the "last sentence" regardless of whether they were
25        ordered to run concurrently.
26            (G) "Minor traffic offense" means a petty offense,

 

 

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1        business offense, or Class C misdemeanor under the
2        Illinois Vehicle Code or a similar provision of a
3        municipal or local ordinance.
4            (H) "Municipal ordinance violation" means an
5        offense defined by a municipal or local ordinance that
6        is criminal in nature and with which the petitioner was
7        charged or for which the petitioner was arrested and
8        released without charging.
9            (I) "Petitioner" means an adult or a minor
10        prosecuted as an adult who has applied for relief under
11        this Section.
12            (J) "Qualified probation" means an order of
13        probation under Section 10 of the Cannabis Control Act,
14        Section 410 of the Illinois Controlled Substances Act,
15        Section 70 of the Methamphetamine Control and
16        Community Protection Act, Section 12-4.3(b)(1) and (2)
17        of the Criminal Code of 1961 (as those provisions
18        existed before their deletion by Public Act 89-313),
19        Section 10-102 of the Illinois Alcoholism and Other
20        Drug Dependency Act, Section 40-10 of the Alcoholism
21        and Other Drug Abuse and Dependency Act, or Section 10
22        of the Steroid Control Act. For the purpose of this
23        Section, "successful completion" of an order of
24        qualified probation under Section 10-102 of the
25        Illinois Alcoholism and Other Drug Dependency Act and
26        Section 40-10 of the Alcoholism and Other Drug Abuse

 

 

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1        and Dependency Act means that the probation was
2        terminated satisfactorily and the judgment of
3        conviction was vacated.
4            (K) "Seal" means to physically and electronically
5        maintain the records, unless the records would
6        otherwise be destroyed due to age, but to make the
7        records unavailable without a court order, subject to
8        the exceptions in Sections 12 and 13 of this Act. The
9        petitioner's name shall also be obliterated from the
10        official index required to be kept by the circuit court
11        clerk under Section 16 of the Clerks of Courts Act, but
12        any index issued by the circuit court clerk before the
13        entry of the order to seal shall not be affected.
14            (L) "Sexual offense committed against a minor"
15        includes but is not limited to the offenses of indecent
16        solicitation of a child or criminal sexual abuse when
17        the victim of such offense is under 18 years of age.
18            (M) "Terminate" as it relates to a sentence or
19        order of supervision or qualified probation includes
20        either satisfactory or unsatisfactory termination of
21        the sentence, unless otherwise specified in this
22        Section.
23        (2) Minor Traffic Offenses. Orders of supervision or
24    convictions for minor traffic offenses shall not affect a
25    petitioner's eligibility to expunge or seal records
26    pursuant to this Section.

 

 

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1        (3) Exclusions. Except as otherwise provided in
2    subsections (b)(5), (b)(6), and (e) of this Section, the
3    court shall not order:
4            (A) the sealing or expungement of the records of
5        arrests or charges not initiated by arrest that result
6        in an order of supervision for or conviction of: (i)
7        any sexual offense committed against a minor; (ii)
8        Section 11-501 of the Illinois Vehicle Code or a
9        similar provision of a local ordinance; or (iii)
10        Section 11-503 of the Illinois Vehicle Code or a
11        similar provision of a local ordinance.
12            (B) the sealing or expungement of records of minor
13        traffic offenses (as defined in subsection (a)(1)(G)),
14        unless the petitioner was arrested and released
15        without charging.
16            (C) the sealing of the records of arrests or
17        charges not initiated by arrest which result in an
18        order of supervision, an order of qualified probation
19        (as defined in subsection (a)(1)(J)), or a conviction
20        for the following offenses:
21                (i) offenses included in Article 11 of the
22            Criminal Code of 1961 or a similar provision of a
23            local ordinance, except Section 11-14 of the
24            Criminal Code of 1961 or a similar provision of a
25            local ordinance;
26                (ii) Section 12-3.4, 12-15, 12-30, or 26-5 of

 

 

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1            the Criminal Code of 1961 or a similar provision of
2            a local ordinance;
3                (iii) offenses defined as "crimes of violence"
4            in Section 2 of the Crime Victims Compensation Act
5            or a similar provision of a local ordinance;
6                (iv) offenses which are Class A misdemeanors
7            under the Humane Care for Animals Act; or
8                (v) any offense or attempted offense that
9            would subject a person to registration under the
10            Sex Offender Registration Act.
11            (D) the sealing of the records of an arrest which
12        results in the petitioner being charged with a felony
13        offense or records of a charge not initiated by arrest
14        for a felony offense, regardless of the disposition,
15        unless:
16                (i) the charge is amended to a misdemeanor and
17            is otherwise eligible to be sealed pursuant to
18            subsection (c);
19                (ii) the charge is brought along with another
20            charge as a part of one case and the charge results
21            in acquittal, dismissal, or conviction when the
22            conviction was reversed or vacated, and another
23            charge brought in the same case results in a
24            disposition for a misdemeanor offense that is
25            eligible to be sealed pursuant to subsection (c) or
26            a disposition listed in paragraph (i), (iii) or

 

 

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1            (iv) of this subsection;
2                (iii) the charge results in first offender
3            probation as set forth in subsection (c)(2)(E); or
4                (iv) the charge is for a Class 4 felony offense
5            listed in subsection (c)(2)(F) or the charge is
6            amended to a Class 4 felony offense listed in
7            subsection (c)(2)(F). Records of arrests which
8            result in the petitioner being charged with a Class
9            4 felony offense listed in subsection (c)(2)(F),
10            records of charges not initiated by arrest for
11            Class 4 felony offenses listed in subsection
12            (c)(2)(F), and records of charges amended to a
13            Class 4 felony offense listed in (c)(2)(F) may be
14            sealed, regardless of the disposition, subject to
15            any waiting periods set forth in subsection
16            (c)(3).
17    (b) Expungement.
18        (1) A petitioner may petition the circuit court to
19    expunge the records of his or her arrests and charges not
20    initiated by arrest when:
21            (A) He or she has never been convicted of a
22        criminal offense; and
23            (B) Each arrest or charge not initiated by arrest
24        sought to be expunged resulted in: (i) acquittal,
25        dismissal, or the petitioner's release without
26        charging, unless excluded by subsection (a)(3)(B);

 

 

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1        (ii) a conviction which was vacated or reversed, unless
2        excluded by subsection (a)(3)(B); (iii) an order of
3        supervision and such supervision was successfully
4        completed by the petitioner, unless excluded by
5        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
6        qualified probation (as defined in subsection
7        (a)(1)(J)) and such probation was successfully
8        completed by the petitioner.
9        (2) Time frame for filing a petition to expunge.
10            (A) When the arrest or charge not initiated by
11        arrest sought to be expunged resulted in an acquittal,
12        dismissal, the petitioner's release without charging,
13        or the reversal or vacation of a conviction, there is
14        no waiting period to petition for the expungement of
15        such records.
16            (B) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an order of
18        supervision, successfully completed by the petitioner,
19        the following time frames will apply:
20                (i) Those arrests or charges that resulted in
21            orders of supervision under Section 3-707, 3-708,
22            3-710, or 5-401.3 of the Illinois Vehicle Code or a
23            similar provision of a local ordinance, or under
24            Section 12-3.2, 12-15 or 16A-3 of the Criminal Code
25            of 1961 or a similar provision of a local
26            ordinance, shall not be eligible for expungement

 

 

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1            until 5 years have passed following the
2            satisfactory termination of the supervision.
3                (ii) Those arrests or charges that resulted in
4            orders of supervision for any other offenses shall
5            not be eligible for expungement until 2 years have
6            passed following the satisfactory termination of
7            the supervision.
8            (C) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        qualified probation, successfully completed by the
11        petitioner, such records shall not be eligible for
12        expungement until 5 years have passed following the
13        satisfactory termination of the probation.
14        (3) Those records maintained by the Department for
15    persons arrested prior to their 17th birthday shall be
16    expunged as provided in Section 5-915 of the Juvenile Court
17    Act of 1987.
18        (4) Whenever a person has been arrested for or
19    convicted of any offense, in the name of a person whose
20    identity he or she has stolen or otherwise come into
21    possession of, the aggrieved person from whom the identity
22    was stolen or otherwise obtained without authorization,
23    upon learning of the person having been arrested using his
24    or her identity, may, upon verified petition to the chief
25    judge of the circuit wherein the arrest was made, have a
26    court order entered nunc pro tunc by the Chief Judge to

 

 

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1    correct the arrest record, conviction record, if any, and
2    all official records of the arresting authority, the
3    Department, other criminal justice agencies, the
4    prosecutor, and the trial court concerning such arrest, if
5    any, by removing his or her name from all such records in
6    connection with the arrest and conviction, if any, and by
7    inserting in the records the name of the offender, if known
8    or ascertainable, in lieu of the aggrieved's name. The
9    records of the circuit court clerk shall be sealed until
10    further order of the court upon good cause shown and the
11    name of the aggrieved person obliterated on the official
12    index required to be kept by the circuit court clerk under
13    Section 16 of the Clerks of Courts Act, but the order shall
14    not affect any index issued by the circuit court clerk
15    before the entry of the order. Nothing in this Section
16    shall limit the Department of State Police or other
17    criminal justice agencies or prosecutors from listing
18    under an offender's name the false names he or she has
19    used.
20        (5) Whenever a person has been convicted of criminal
21    sexual assault, aggravated criminal sexual assault,
22    predatory criminal sexual assault of a child, criminal
23    sexual abuse, or aggravated criminal sexual abuse, the
24    victim of that offense may request that the State's
25    Attorney of the county in which the conviction occurred
26    file a verified petition with the presiding trial judge at

 

 

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1    the petitioner's trial to have a court order entered to
2    seal the records of the circuit court clerk in connection
3    with the proceedings of the trial court concerning that
4    offense. However, the records of the arresting authority
5    and the Department of State Police concerning the offense
6    shall not be sealed. The court, upon good cause shown,
7    shall make the records of the circuit court clerk in
8    connection with the proceedings of the trial court
9    concerning the offense available for public inspection.
10        (6) If a conviction has been set aside on direct review
11    or on collateral attack and the court determines by clear
12    and convincing evidence that the petitioner was factually
13    innocent of the charge, the court shall enter an
14    expungement order as provided in subsection (b) of Section
15    5-5-4 of the Unified Code of Corrections.
16        (7) Nothing in this Section shall prevent the
17    Department of State Police from maintaining all records of
18    any person who is admitted to probation upon terms and
19    conditions and who fulfills those terms and conditions
20    pursuant to Section 10 of the Cannabis Control Act, Section
21    410 of the Illinois Controlled Substances Act, Section 70
22    of the Methamphetamine Control and Community Protection
23    Act, Section 12-4.3 or subdivision (b)(1) of Section
24    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
25    Illinois Alcoholism and Other Drug Dependency Act, Section
26    40-10 of the Alcoholism and Other Drug Abuse and Dependency

 

 

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1    Act, or Section 10 of the Steroid Control Act.
2    (c) Sealing.
3        (1) Applicability. Notwithstanding any other provision
4    of this Act to the contrary, and cumulative with any rights
5    to expungement of criminal records, this subsection
6    authorizes the sealing of criminal records of adults and of
7    minors prosecuted as adults.
8        (2) Eligible Records. The following records may be
9    sealed:
10            (A) All arrests resulting in release without
11        charging;
12            (B) Arrests or charges not initiated by arrest
13        resulting in acquittal, dismissal, or conviction when
14        the conviction was reversed or vacated, except as
15        excluded by subsection (a)(3)(B) or (a)(3)(D);
16            (C) Arrests or charges not initiated by arrest
17        resulting in orders of supervision successfully
18        completed by the petitioner, unless excluded by
19        subsection (a)(3);
20            (D) Arrests or charges not initiated by arrest
21        resulting in convictions unless excluded by subsection
22        (a)(3);
23            (E) Arrests or charges not initiated by arrest
24        resulting in orders of first offender probation under
25        Section 10 of the Cannabis Control Act, Section 410 of
26        the Illinois Controlled Substances Act, or Section 70

 

 

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1        of the Methamphetamine Control and Community
2        Protection Act; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in Class 4 felony convictions for the
5        following offenses:
6                (i) Section 11-14 of the Criminal Code of 1961;
7                (ii) Section 4 of the Cannabis Control Act;
8                (iii) Section 402 of the Illinois Controlled
9            Substances Act;
10                (iv) the Methamphetamine Precursor Control
11            Act; and
12                (v) the Steroid Control Act.
13        (3) When Records Are Eligible to Be Sealed. Records
14    identified as eligible under subsection (c)(2) may be
15    sealed as follows:
16            (A) Records identified as eligible under
17        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
18        time.
19            (B) Records identified as eligible under
20        subsection (c)(2)(C) may be sealed (i) 3 years after
21        the termination of petitioner's last sentence (as
22        defined in subsection (a)(1)(F)) if the petitioner has
23        never been convicted of a criminal offense (as defined
24        in subsection (a)(1)(D)); or (ii) 4 years after the
25        termination of the petitioner's last sentence (as
26        defined in subsection (a)(1)(F)) if the petitioner has

 

 

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1        ever been convicted of a criminal offense (as defined
2        in subsection (a)(1)(D)).
3            (C) Records identified as eligible under
4        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
5        sealed 4 years after the termination of the
6        petitioner's last sentence (as defined in subsection
7        (a)(1)(F)).
8        (4) Subsequent felony convictions. A person may not
9    have subsequent felony conviction records sealed as
10    provided in this subsection (c) if he or she is convicted
11    of any felony offense after the date of the sealing of
12    prior felony convictions as provided in this subsection
13    (c). The court may, upon conviction for a subsequent felony
14    offense, order the unsealing of prior felony conviction
15    records previously ordered sealed by the court.
16        (5) Notice of eligibility for sealing. Upon entry of a
17    disposition for an eligible record under this subsection
18    (c), the petitioner shall be informed by the court of the
19    right to have the records sealed and the procedures for the
20    sealing of the records.
21    (d) Procedure. The following procedures apply to
22expungement under subsections (b) and (e), and sealing under
23subsection (c):
24        (1) Filing the petition. Upon becoming eligible to
25    petition for the expungement or sealing of records under
26    this Section, the petitioner shall file a petition

 

 

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1    requesting the expungement or sealing of records with the
2    clerk of the court where the arrests occurred or the
3    charges were brought, or both. If arrests occurred or
4    charges were brought in multiple jurisdictions, a petition
5    must be filed in each such jurisdiction. The petitioner
6    shall pay the applicable fee, if not waived.
7        (2) Contents of petition. The petition shall be
8    verified and shall contain the petitioner's name, date of
9    birth, current address and, for each arrest or charge not
10    initiated by arrest sought to be sealed or expunged, the
11    case number, the date of arrest (if any), the identity of
12    the arresting authority, and such other information as the
13    court may require. During the pendency of the proceeding,
14    the petitioner shall promptly notify the circuit court
15    clerk of any change of his or her address.
16        (3) Drug test. The petitioner must attach to the
17    petition proof that the petitioner has passed a test taken
18    within 30 days before the filing of the petition showing
19    the absence within his or her body of all illegal
20    substances as defined by the Illinois Controlled
21    Substances Act, the Methamphetamine Control and Community
22    Protection Act, and the Cannabis Control Act if he or she
23    is petitioning to seal felony records pursuant to clause
24    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
25    petitioning to expunge felony records of a qualified
26    probation pursuant to clause (b)(1)(B)(iv).

 

 

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1        (4) Service of petition. The circuit court clerk shall
2    promptly serve a copy of the petition on the State's
3    Attorney or prosecutor charged with the duty of prosecuting
4    the offense, the Department of State Police, the arresting
5    agency and the chief legal officer of the unit of local
6    government effecting the arrest.
7        (5) Objections.
8            (A) Any party entitled to notice of the petition
9        may file an objection to the petition. All objections
10        shall be in writing, shall be filed with the circuit
11        court clerk, and shall state with specificity the basis
12        of the objection.
13            (B) Objections to a petition to expunge or seal
14        must be filed within 60 days of the date of service of
15        the petition.
16        (6) Entry of order.
17            (A) The Chief Judge of the circuit wherein the
18        charge was brought, any judge of that circuit
19        designated by the Chief Judge, or in counties of less
20        than 3,000,000 inhabitants, the presiding trial judge
21        at the petitioner's trial, if any, shall rule on the
22        petition to expunge or seal as set forth in this
23        subsection (d)(6).
24            (B) Unless the State's Attorney or prosecutor, the
25        Department of State Police, the arresting agency, or
26        the chief legal officer files an objection to the

 

 

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1        petition to expunge or seal within 60 days from the
2        date of service of the petition, the court shall enter
3        an order granting or denying the petition.
4        (7) Hearings. If an objection is filed, the court shall
5    set a date for a hearing and notify the petitioner and all
6    parties entitled to notice of the petition of the hearing
7    date at least 30 days prior to the hearing, and shall hear
8    evidence on whether the petition should or should not be
9    granted, and shall grant or deny the petition to expunge or
10    seal the records based on the evidence presented at the
11    hearing.
12        (8) Service of order. After entering an order to
13    expunge or seal records, the court must provide copies of
14    the order to the Department, in a form and manner
15    prescribed by the Department, to the petitioner, to the
16    State's Attorney or prosecutor charged with the duty of
17    prosecuting the offense, to the arresting agency, to the
18    chief legal officer of the unit of local government
19    effecting the arrest, and to such other criminal justice
20    agencies as may be ordered by the court.
21        (9) Effect of order.
22            (A) Upon entry of an order to expunge records
23        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
24                (i) the records shall be expunged (as defined
25            in subsection (a)(1)(E)) by the arresting agency,
26            the Department, and any other agency as ordered by

 

 

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1            the court, within 60 days of the date of service of
2            the order, unless a motion to vacate, modify, or
3            reconsider the order is filed pursuant to
4            paragraph (12) of subsection (d) of this Section;
5                (ii) the records of the circuit court clerk
6            shall be impounded until further order of the court
7            upon good cause shown and the name of the
8            petitioner obliterated on the official index
9            required to be kept by the circuit court clerk
10            under Section 16 of the Clerks of Courts Act, but
11            the order shall not affect any index issued by the
12            circuit court clerk before the entry of the order;
13            and
14                (iii) in response to an inquiry for expunged
15            records, the court, the Department, or the agency
16            receiving such inquiry, shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (B) Upon entry of an order to expunge records
20        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
21                (i) the records shall be expunged (as defined
22            in subsection (a)(1)(E)) by the arresting agency
23            and any other agency as ordered by the court,
24            within 60 days of the date of service of the order,
25            unless a motion to vacate, modify, or reconsider
26            the order is filed pursuant to paragraph (12) of

 

 

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1            subsection (d) of this Section;
2                (ii) the records of the circuit court clerk
3            shall be impounded until further order of the court
4            upon good cause shown and the name of the
5            petitioner obliterated on the official index
6            required to be kept by the circuit court clerk
7            under Section 16 of the Clerks of Courts Act, but
8            the order shall not affect any index issued by the
9            circuit court clerk before the entry of the order;
10                (iii) the records shall be impounded by the
11            Department within 60 days of the date of service of
12            the order as ordered by the court, unless a motion
13            to vacate, modify, or reconsider the order is filed
14            pursuant to paragraph (12) of subsection (d) of
15            this Section;
16                (iv) records impounded by the Department may
17            be disseminated by the Department only as required
18            by law or to the arresting authority, the State's
19            Attorney, and the court upon a later arrest for the
20            same or a similar offense or for the purpose of
21            sentencing for any subsequent felony, and to the
22            Department of Corrections upon conviction for any
23            offense; and
24                (v) in response to an inquiry for such records
25            from anyone not authorized by law to access such
26            records the court, the Department, or the agency

 

 

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1            receiving such inquiry shall reply as it does in
2            response to inquiries when no records ever
3            existed.
4            (C) Upon entry of an order to seal records under
5        subsection (c), the arresting agency, any other agency
6        as ordered by the court, the Department, and the court
7        shall seal the records (as defined in subsection
8        (a)(1)(K)). In response to an inquiry for such records
9        from anyone not authorized by law to access such
10        records the court, the Department, or the agency
11        receiving such inquiry shall reply as it does in
12        response to inquiries when no records ever existed.
13        (10) Fees. The Department may charge the petitioner a
14    fee equivalent to the cost of processing any order to
15    expunge or seal records. Notwithstanding any provision of
16    the Clerks of Courts Act to the contrary, the circuit court
17    clerk may charge a fee equivalent to the cost associated
18    with the sealing or expungement of records by the circuit
19    court clerk. From the total filing fee collected for the
20    petition to seal or expunge, the circuit court clerk shall
21    deposit $10 into the Circuit Court Clerk Operation and
22    Administrative Fund, to be used to offset the costs
23    incurred by the circuit court clerk in performing the
24    additional duties required to serve the petition to seal or
25    expunge on all parties. The circuit court clerk shall
26    collect and forward the Department of State Police portion

 

 

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1    of the fee to the Department and it shall be deposited in
2    the State Police Services Fund.
3        (11) Final Order. No court order issued under the
4    expungement or sealing provisions of this Section shall
5    become final for purposes of appeal until 30 days after
6    service of the order on the petitioner and all parties
7    entitled to notice of the petition.
8        (12) Motion to Vacate, Modify, or Reconsider. The
9    petitioner or any party entitled to notice may file a
10    motion to vacate, modify, or reconsider the order granting
11    or denying the petition to expunge or seal within 60 days
12    of service of the order.
13    (e) Whenever a person who has been convicted of an offense
14is granted a pardon by the Governor which specifically
15authorizes expungement, he or she may, upon verified petition
16to the Chief Judge of the circuit where the person had been
17convicted, any judge of the circuit designated by the Chief
18Judge, or in counties of less than 3,000,000 inhabitants, the
19presiding trial judge at the defendant's trial, have a court
20order entered expunging the record of arrest from the official
21records of the arresting authority and order that the records
22of the circuit court clerk and the Department be sealed until
23further order of the court upon good cause shown or as
24otherwise provided herein, and the name of the defendant
25obliterated from the official index requested to be kept by the
26circuit court clerk under Section 16 of the Clerks of Courts

 

 

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1Act in connection with the arrest and conviction for the
2offense for which he or she had been pardoned but the order
3shall not affect any index issued by the circuit court clerk
4before the entry of the order. All records sealed by the
5Department may be disseminated by the Department only as
6required by law or to the arresting authority, the State's
7Attorney, and the court upon a later arrest for the same or
8similar offense or for the purpose of sentencing for any
9subsequent felony. Upon conviction for any subsequent offense,
10the Department of Corrections shall have access to all sealed
11records of the Department pertaining to that individual. Upon
12entry of the order of expungement, the circuit court clerk
13shall promptly mail a copy of the order to the person who was
14pardoned.
15    (f) Subject to available funding, the Illinois Department
16of Corrections shall conduct a study of the impact of sealing,
17especially on employment and recidivism rates, utilizing a
18random sample of those who apply for the sealing of their
19criminal records under Public Act 93-211. At the request of the
20Illinois Department of Corrections, records of the Illinois
21Department of Employment Security shall be utilized as
22appropriate to assist in the study. The study shall not
23disclose any data in a manner that would allow the
24identification of any particular individual or employing unit.
25The study shall be made available to the General Assembly no
26later than September 1, 2010.

 

 

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1(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
2    Section 910. The Illinois Uniform Conviction Information
3Act is amended by changing Section 3 as follows:
 
4    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
5    Sec. 3. Definitions. Whenever used in this Act, and for the
6purposes of this Act, unless the context clearly indicates
7otherwise:
8    (A) "Accurate" means factually correct, containing no
9mistake or error of a material nature.
10    (B) The phrase "administer the criminal laws" includes any
11of the following activities: intelligence gathering,
12surveillance, criminal investigation, crime detection and
13prevention (including research), apprehension, detention,
14pretrial or post-trial release, prosecution, the correctional
15supervision or rehabilitation of accused persons or criminal
16offenders, criminal identification activities, or the
17collection, maintenance or dissemination of criminal history
18record information.
19    (C) "The Authority" means the Illinois Criminal Justice
20Information Authority.
21    (D) "Automated" means the utilization of computers,
22telecommunication lines, or other automatic data processing
23equipment for data collection or storage, analysis,
24processing, preservation, maintenance, dissemination, or

 

 

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1display and is distinguished from a system in which such
2activities are performed manually.
3    (E) "Complete" means accurately reflecting all the
4criminal history record information about an individual that is
5required to be reported to the Department pursuant to Section
62.1 of the Criminal Identification Act.
7    (F) "Conviction information" means data reflecting a
8judgment of guilt or nolo contendere. The term includes all
9prior and subsequent criminal history events directly relating
10to such judgments, such as, but not limited to: (1) the
11notation of arrest; (2) the notation of charges filed; (3) the
12sentence imposed; (4) the fine imposed; and (5) all related
13probation, parole, and release information. Information ceases
14to be "conviction information" when a judgment of guilt is
15reversed or vacated.
16    For purposes of this Act, continuances to a date certain in
17furtherance of an order of supervision granted under Section
185-6-1 of the Unified Code of Corrections or an order of
19probation granted under either Section 10 of the Cannabis
20Control Act, Section 410 of the Illinois Controlled Substances
21Act, Section 70 of the Methamphetamine Control and Community
22Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
2312-3.05 of the Criminal Code of 1961, Section 10-102 of the
24Illinois Alcoholism and Other Drug Dependency Act, Section
2540-10 of the Alcoholism and Other Drug Abuse and Dependency
26Act, or Section 10 of the Steroid Control Act shall not be

 

 

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1deemed "conviction information".
2    (G) "Criminal history record information" means data
3identifiable to an individual and consisting of descriptions or
4notations of arrests, detentions, indictments, informations,
5pretrial proceedings, trials, or other formal events in the
6criminal justice system or descriptions or notations of
7criminal charges (including criminal violations of local
8municipal ordinances) and the nature of any disposition arising
9therefrom, including sentencing, court or correctional
10supervision, rehabilitation and release. The term does not
11apply to statistical records and reports in which individual
12are not identified and from which their identities are not
13ascertainable, or to information that is for criminal
14investigative or intelligence purposes.
15    (H) "Criminal justice agency" means (1) a government agency
16or any subunit thereof which is authorized to administer the
17criminal laws and which allocates a substantial part of its
18annual budget for that purpose, or (2) an agency supported by
19public funds which is authorized as its principal function to
20administer the criminal laws and which is officially designated
21by the Department as a criminal justice agency for purposes of
22this Act.
23    (I) "The Department" means the Illinois Department of State
24Police.
25    (J) "Director" means the Director of the Illinois
26Department of State Police.

 

 

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1    (K) "Disseminate" means to disclose or transmit conviction
2information in any form, oral, written, or otherwise.
3    (L) "Exigency" means pending danger or the threat of
4pending danger to an individual or property.
5    (M) "Non-criminal justice agency" means a State agency,
6Federal agency, or unit of local government that is not a
7criminal justice agency. The term does not refer to private
8individuals, corporations, or non-governmental agencies or
9organizations.
10    (M-5) "Request" means the submission to the Department, in
11the form and manner required, the necessary data elements or
12fingerprints, or both, to allow the Department to initiate a
13search of its criminal history record information files.
14    (N) "Requester" means any private individual, corporation,
15organization, employer, employment agency, labor organization,
16or non-criminal justice agency that has made a request pursuant
17to this Act to obtain conviction information maintained in the
18files of the Department of State Police regarding a particular
19individual.
20    (O) "Statistical information" means data from which the
21identity of an individual cannot be ascertained,
22reconstructed, or verified and to which the identity of an
23individual cannot be linked by the recipient of the
24information.
25(Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

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1    Section 915. The Counties Code is amended by changing
2Section 5-1103 as follows:
 
3    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
4    Sec. 5-1103. Court services fee. A county board may enact
5by ordinance or resolution a court services fee dedicated to
6defraying court security expenses incurred by the sheriff in
7providing court services or for any other court services deemed
8necessary by the sheriff to provide for court security,
9including without limitation court services provided pursuant
10to Section 3-6023, as now or hereafter amended. Such fee shall
11be paid in civil cases by each party at the time of filing the
12first pleading, paper or other appearance; provided that no
13additional fee shall be required if more than one party is
14represented in a single pleading, paper or other appearance. In
15criminal, local ordinance, county ordinance, traffic and
16conservation cases, such fee shall be assessed against the
17defendant upon a plea of guilty, stipulation of facts or
18findings of guilty, resulting in a judgment of conviction, or
19order of supervision, or sentence of probation without entry of
20judgment pursuant to Section 10 of the Cannabis Control Act,
21Section 410 of the Illinois Controlled Substances Act, Section
2270 of the Methamphetamine Control and Community Protection Act,
23Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
24Criminal Code of 1961, Section 10-102 of the Illinois
25Alcoholism and Other Drug Dependency Act, Section 40-10 of the

 

 

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1Alcoholism and Other Drug Abuse and Dependency Act, or Section
210 of the Steroid Control Act. In setting such fee, the county
3board may impose, with the concurrence of the Chief Judge of
4the judicial circuit in which the county is located by
5administrative order entered by the Chief Judge, differential
6rates for the various types or categories of criminal and civil
7cases, but the maximum rate shall not exceed $25. All proceeds
8from this fee must be used to defray court security expenses
9incurred by the sheriff in providing court services. No fee
10shall be imposed or collected, however, in traffic,
11conservation, and ordinance cases in which fines are paid
12without a court appearance. The fees shall be collected in the
13manner in which all other court fees or costs are collected and
14shall be deposited into the county general fund for payment
15solely of costs incurred by the sheriff in providing court
16security or for any other court services deemed necessary by
17the sheriff to provide for court security.
18(Source: P.A. 93-558, eff. 12-1-03; 94-556, eff. 9-11-05.)
 
19    Section 920. The Metropolitan Transit Authority Act is
20amended by changing Section 28b as follows:
 
21    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
22    Sec. 28b. Any person applying for a position as a driver of
23a vehicle owned by a private carrier company which provides
24public transportation pursuant to an agreement with the

 

 

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1Authority shall be required to authorize an investigation by
2the private carrier company to determine if the applicant has
3been convicted of any of the following offenses: (i) those
4offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
510-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1,
611-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
711-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11,
812-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
920-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
10subsection (b), clause (1), of Section 12-4, in subdivisions
11(a)(1), (b)(1), and (f)(1) of Section 12-3.05, and in
12subsection (a-5) of Section 12-3.1 of the Criminal Code of
131961; (ii) those offenses defined in the Cannabis Control Act
14except those offenses defined in subsections (a) and (b) of
15Section 4, and subsection (a) of Section 5 of the Cannabis
16Control Act (iii) those offenses defined in the Illinois
17Controlled Substances Act; (iv) those offenses defined in the
18Methamphetamine Control and Community Protection Act; and (v)
19any offense committed or attempted in any other state or
20against the laws of the United States, which if committed or
21attempted in this State would be punishable as one or more of
22the foregoing offenses. Upon receipt of this authorization, the
23private carrier company shall submit the applicant's name, sex,
24race, date of birth, fingerprints and social security number to
25the Department of State Police on forms prescribed by the
26Department. The Department of State Police shall conduct an

 

 

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1investigation to ascertain if the applicant has been convicted
2of any of the above enumerated offenses. The Department shall
3charge the private carrier company a fee for conducting the
4investigation, which fee shall be deposited in the State Police
5Services Fund and shall not exceed the cost of the inquiry; and
6the applicant shall not be charged a fee for such investigation
7by the private carrier company. The Department of State Police
8shall furnish, pursuant to positive identification, records of
9convictions, until expunged, to the private carrier company
10which requested the investigation. A copy of the record of
11convictions obtained from the Department shall be provided to
12the applicant. Any record of conviction received by the private
13carrier company shall be confidential. Any person who releases
14any confidential information concerning any criminal
15convictions of an applicant shall be guilty of a Class A
16misdemeanor, unless authorized by this Section.
17(Source: P.A. 94-556, eff. 9-11-05.)
 
18    Section 925. The Child Care Act of 1969 is amended by
19changing Section 4.2 as follows:
 
20    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
21    Sec. 4.2. (a) No applicant may receive a license from the
22Department and no person may be employed by a licensed child
23care facility who refuses to authorize an investigation as
24required by Section 4.1.

 

 

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1    (b) In addition to the other provisions of this Section, no
2applicant may receive a license from the Department and no
3person may be employed by a child care facility licensed by the
4Department who has been declared a sexually dangerous person
5under "An Act in relation to sexually dangerous persons, and
6providing for their commitment, detention and supervision",
7approved July 6, 1938, as amended, or convicted of committing
8or attempting to commit any of the following offenses
9stipulated under the Criminal Code of 1961:
10        (1) murder;
11        (1.1) solicitation of murder;
12        (1.2) solicitation of murder for hire;
13        (1.3) intentional homicide of an unborn child;
14        (1.4) voluntary manslaughter of an unborn child;
15        (1.5) involuntary manslaughter;
16        (1.6) reckless homicide;
17        (1.7) concealment of a homicidal death;
18        (1.8) involuntary manslaughter of an unborn child;
19        (1.9) reckless homicide of an unborn child;
20        (1.10) drug-induced homicide;
21        (2) a sex offense under Article 11, except offenses
22    described in Sections 11-7, 11-8, 11-12, and 11-13;
23        (3) kidnapping;
24        (3.1) aggravated unlawful restraint;
25        (3.2) forcible detention;
26        (3.3) harboring a runaway;

 

 

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1        (3.4) aiding and abetting child abduction;
2        (4) aggravated kidnapping;
3        (5) child abduction;
4        (6) aggravated battery of a child as described in
5    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
6        (7) criminal sexual assault;
7        (8) aggravated criminal sexual assault;
8        (8.1) predatory criminal sexual assault of a child;
9        (9) criminal sexual abuse;
10        (10) aggravated sexual abuse;
11        (11) heinous battery as described in Section 12-4.1 or
12    subdivision (a)(2) of Section 12-3.05;
13        (12) aggravated battery with a firearm as described in
14    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
15    (e)(4) of Section 12-3.05;
16        (13) tampering with food, drugs, or cosmetics;
17        (14) drug induced infliction of great bodily harm as
18    described in Section 12-4.7 or subdivision (g)(1) of
19    Section 12-3.05;
20        (15) hate crime;
21        (16) stalking;
22        (17) aggravated stalking;
23        (18) threatening public officials;
24        (19) home invasion;
25        (20) vehicular invasion;
26        (21) criminal transmission of HIV;

 

 

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1        (22) criminal abuse or neglect of an elderly or
2    disabled person as described in Section 12-21 or subsection
3    (b) of Section 12-4.4a;
4        (23) child abandonment;
5        (24) endangering the life or health of a child;
6        (25) ritual mutilation;
7        (26) ritualized abuse of a child;
8        (27) an offense in any other jurisdiction the elements
9    of which are similar and bear a substantial relationship to
10    any of the foregoing offenses.
11    (b-1) In addition to the other provisions of this Section,
12beginning January 1, 2004, no new applicant and, on the date of
13licensure renewal, no current licensee may operate or receive a
14license from the Department to operate, no person may be
15employed by, and no adult person may reside in a child care
16facility licensed by the Department who has been convicted of
17committing or attempting to commit any of the following
18offenses or an offense in any other jurisdiction the elements
19of which are similar and bear a substantial relationship to any
20of the following offenses:
 
21
(I) BODILY HARM

 
22        (1) Felony aggravated assault.
23        (2) Vehicular endangerment.
24        (3) Felony domestic battery.

 

 

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1        (4) Aggravated battery.
2        (5) Heinous battery.
3        (6) Aggravated battery with a firearm.
4        (7) Aggravated battery of an unborn child.
5        (8) Aggravated battery of a senior citizen.
6        (9) Intimidation.
7        (10) Compelling organization membership of persons.
8        (11) Abuse and criminal gross neglect of a long term
9    care facility resident.
10        (12) Felony violation of an order of protection.
 
11
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
12        (1) Felony unlawful use of weapons.
13        (2) Aggravated discharge of a firearm.
14        (3) Reckless discharge of a firearm.
15        (4) Unlawful use of metal piercing bullets.
16        (5) Unlawful sale or delivery of firearms on the
17    premises of any school.
18        (6) Disarming a police officer.
19        (7) Obstructing justice.
20        (8) Concealing or aiding a fugitive.
21        (9) Armed violence.
22        (10) Felony contributing to the criminal delinquency
23    of a juvenile.
 

 

 

SB1310 Engrossed- 146 -LRB096 09456 RLC 19613 b

1
(III) DRUG OFFENSES

 
2        (1) Possession of more than 30 grams of cannabis.
3        (2) Manufacture of more than 10 grams of cannabis.
4        (3) Cannabis trafficking.
5        (4) Delivery of cannabis on school grounds.
6        (5) Unauthorized production of more than 5 cannabis
7    sativa plants.
8        (6) Calculated criminal cannabis conspiracy.
9        (7) Unauthorized manufacture or delivery of controlled
10    substances.
11        (8) Controlled substance trafficking.
12        (9) Manufacture, distribution, or advertisement of
13    look-alike substances.
14        (10) Calculated criminal drug conspiracy.
15        (11) Street gang criminal drug conspiracy.
16        (12) Permitting unlawful use of a building.
17        (13) Delivery of controlled, counterfeit, or
18    look-alike substances to persons under age 18, or at truck
19    stops, rest stops, or safety rest areas, or on school
20    property.
21        (14) Using, engaging, or employing persons under 18 to
22    deliver controlled, counterfeit, or look-alike substances.
23        (15) Delivery of controlled substances.
24        (16) Sale or delivery of drug paraphernalia.
25        (17) Felony possession, sale, or exchange of

 

 

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1    instruments adapted for use of a controlled substance,
2    methamphetamine, or cannabis by subcutaneous injection.
3        (18) Felony possession of a controlled substance.
4        (19) Any violation of the Methamphetamine Control and
5    Community Protection Act.
6    (b-2) For child care facilities other than foster family
7homes, the Department may issue a new child care facility
8license to or renew the existing child care facility license of
9an applicant, a person employed by a child care facility, or an
10applicant who has an adult residing in a home child care
11facility who was convicted of an offense described in
12subsection (b-1), provided that all of the following
13requirements are met:
14        (1) The relevant criminal offense occurred more than 5
15    years prior to the date of application or renewal, except
16    for drug offenses. The relevant drug offense must have
17    occurred more than 10 years prior to the date of
18    application or renewal, unless the applicant passed a drug
19    test, arranged and paid for by the child care facility, no
20    less than 5 years after the offense.
21        (2) The Department must conduct a background check and
22    assess all convictions and recommendations of the child
23    care facility to determine if waiver shall apply in
24    accordance with Department administrative rules and
25    procedures.
26        (3) The applicant meets all other requirements and

 

 

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1    qualifications to be licensed as the pertinent type of
2    child care facility under this Act and the Department's
3    administrative rules.
4    (c) In addition to the other provisions of this Section, no
5applicant may receive a license from the Department to operate
6a foster family home, and no adult person may reside in a
7foster family home licensed by the Department, who has been
8convicted of committing or attempting to commit any of the
9following offenses stipulated under the Criminal Code of 1961,
10the Cannabis Control Act, the Methamphetamine Control and
11Community Protection Act, and the Illinois Controlled
12Substances Act:
 
13
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
14    (A) KIDNAPPING AND RELATED OFFENSES
15        (1) Unlawful restraint.
 
16    (B) BODILY HARM
17        (2) Felony aggravated assault.
18        (3) Vehicular endangerment.
19        (4) Felony domestic battery.
20        (5) Aggravated battery.
21        (6) Heinous battery.
22        (7) Aggravated battery with a firearm.
23        (8) Aggravated battery of an unborn child.

 

 

SB1310 Engrossed- 149 -LRB096 09456 RLC 19613 b

1        (9) Aggravated battery of a senior citizen.
2        (10) Intimidation.
3        (11) Compelling organization membership of persons.
4        (12) Abuse and criminal gross neglect of a long term
5    care facility resident.
6        (13) Felony violation of an order of protection.
 
7
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
8        (14) Felony theft.
9        (15) Robbery.
10        (16) Armed robbery.
11        (17) Aggravated robbery.
12        (18) Vehicular hijacking.
13        (19) Aggravated vehicular hijacking.
14        (20) Burglary.
15        (21) Possession of burglary tools.
16        (22) Residential burglary.
17        (23) Criminal fortification of a residence or
18    building.
19        (24) Arson.
20        (25) Aggravated arson.
21        (26) Possession of explosive or explosive incendiary
22    devices.
 
23
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 

 

 

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1        (27) Felony unlawful use of weapons.
2        (28) Aggravated discharge of a firearm.
3        (29) Reckless discharge of a firearm.
4        (30) Unlawful use of metal piercing bullets.
5        (31) Unlawful sale or delivery of firearms on the
6    premises of any school.
7        (32) Disarming a police officer.
8        (33) Obstructing justice.
9        (34) Concealing or aiding a fugitive.
10        (35) Armed violence.
11        (36) Felony contributing to the criminal delinquency
12    of a juvenile.
 
13
(IV) DRUG OFFENSES

 
14        (37) Possession of more than 30 grams of cannabis.
15        (38) Manufacture of more than 10 grams of cannabis.
16        (39) Cannabis trafficking.
17        (40) Delivery of cannabis on school grounds.
18        (41) Unauthorized production of more than 5 cannabis
19    sativa plants.
20        (42) Calculated criminal cannabis conspiracy.
21        (43) Unauthorized manufacture or delivery of
22    controlled substances.
23        (44) Controlled substance trafficking.

 

 

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1        (45) Manufacture, distribution, or advertisement of
2    look-alike substances.
3        (46) Calculated criminal drug conspiracy.
4        (46.5) Streetgang criminal drug conspiracy.
5        (47) Permitting unlawful use of a building.
6        (48) Delivery of controlled, counterfeit, or
7    look-alike substances to persons under age 18, or at truck
8    stops, rest stops, or safety rest areas, or on school
9    property.
10        (49) Using, engaging, or employing persons under 18 to
11    deliver controlled, counterfeit, or look-alike substances.
12        (50) Delivery of controlled substances.
13        (51) Sale or delivery of drug paraphernalia.
14        (52) Felony possession, sale, or exchange of
15    instruments adapted for use of a controlled substance,
16    methamphetamine, or cannabis by subcutaneous injection.
17        (53) Any violation of the Methamphetamine Control and
18    Community Protection Act.
19    (d) Notwithstanding subsection (c), the Department may
20issue a new foster family home license or may renew an existing
21foster family home license of an applicant who was convicted of
22an offense described in subsection (c), provided all of the
23following requirements are met:
24        (1) The relevant criminal offense or offenses occurred
25    more than 10 years prior to the date of application or
26    renewal.

 

 

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1        (2) The applicant had previously disclosed the
2    conviction or convictions to the Department for purposes of
3    a background check.
4        (3) After the disclosure, the Department either placed
5    a child in the home or the foster family home license was
6    issued.
7        (4) During the background check, the Department had
8    assessed and waived the conviction in compliance with the
9    existing statutes and rules in effect at the time of the
10    waiver.
11        (5) The applicant meets all other requirements and
12    qualifications to be licensed as a foster family home under
13    this Act and the Department's administrative rules.
14        (6) The applicant has a history of providing a safe,
15    stable home environment and appears able to continue to
16    provide a safe, stable home environment.
17(Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
 
18    Section 930. The Health Care Worker Background Check Act is
19amended by changing Section 25 as follows:
 
20    (225 ILCS 46/25)
21    Sec. 25. Persons ineligible to be hired by health care
22employers and long-term care facilities.
23    (a) In the discretion of the Director of Public Health, as
24soon after January 1, 1996, January 1, 1997, January 1, 2006,

 

 

SB1310 Engrossed- 153 -LRB096 09456 RLC 19613 b

1or October 1, 2007, as applicable, and as is reasonably
2practical, no health care employer shall knowingly hire,
3employ, or retain any individual in a position with duties
4involving direct care for clients, patients, or residents, and
5no long-term care facility shall knowingly hire, employ, or
6retain any individual in a position with duties that involve or
7may involve contact with residents or access to the living
8quarters or the financial, medical, or personal records of
9residents, who has been convicted of committing or attempting
10to commit one or more of the following offenses: those defined
11in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
129-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
1310-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2,
1412-3.05, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
1512-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
1612-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
1712-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5,
1819-1, 19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2,
19or in subsection (a) of Section 12-3 or subsection (a) or (b)
20of Section 12-4.4a, of the Criminal Code of 1961; those
21provided in Section 4 of the Wrongs to Children Act; those
22provided in Section 53 of the Criminal Jurisprudence Act; those
23defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control
24Act; those defined in the Methamphetamine Control and Community
25Protection Act; or those defined in Sections 401, 401.1, 404,
26405, 405.1, 407, or 407.1 of the Illinois Controlled Substances

 

 

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1Act, unless the applicant or employee obtains a waiver pursuant
2to Section 40.
3    (a-1) In the discretion of the Director of Public Health,
4as soon after January 1, 2004 or October 1, 2007, as
5applicable, and as is reasonably practical, no health care
6employer shall knowingly hire any individual in a position with
7duties involving direct care for clients, patients, or
8residents, and no long-term care facility shall knowingly hire
9any individual in a position with duties that involve or may
10involve contact with residents or access to the living quarters
11or the financial, medical, or personal records of residents,
12who has (i) been convicted of committing or attempting to
13commit one or more of the offenses defined in Section 12-3.3,
1412-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
1524-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
161961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
17and Debit Card Act; or Section 5.1 of the Wrongs to Children
18Act; or (ii) violated Section 50-50 of the Nurse Practice Act,
19unless the applicant or employee obtains a waiver pursuant to
20Section 40 of this Act.
21    A health care employer is not required to retain an
22individual in a position with duties involving direct care for
23clients, patients, or residents, and no long-term care facility
24is required to retain an individual in a position with duties
25that involve or may involve contact with residents or access to
26the living quarters or the financial, medical, or personal

 

 

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1records of residents, who has been convicted of committing or
2attempting to commit one or more of the offenses enumerated in
3this subsection.
4    (b) A health care employer shall not hire, employ, or
5retain any individual in a position with duties involving
6direct care of clients, patients, or residents, and no
7long-term care facility shall knowingly hire, employ, or retain
8any individual in a position with duties that involve or may
9involve contact with residents or access to the living quarters
10or the financial, medical, or personal records of residents, if
11the health care employer becomes aware that the individual has
12been convicted in another state of committing or attempting to
13commit an offense that has the same or similar elements as an
14offense listed in subsection (a) or (a-1), as verified by court
15records, records from a state agency, or an FBI criminal
16history record check, unless the applicant or employee obtains
17a waiver pursuant to Section 40 of this Act. This shall not be
18construed to mean that a health care employer has an obligation
19to conduct a criminal history records check in other states in
20which an employee has resided.
21(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
2295-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
23    Section 935. The Nursing Home Administrators Licensing and
24Disciplinary Act is amended by changing Section 17 as follows:
 

 

 

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1    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 17. Grounds for disciplinary action.
4    (a) The Department may impose fines not to exceed $10,000
5or may refuse to issue or to renew, or may revoke, suspend,
6place on probation, censure, reprimand or take other
7disciplinary or non-disciplinary action with regard to the
8license of any person, for any one or combination of the
9following causes:
10        (1) Intentional material misstatement in furnishing
11    information to the Department.
12        (2) Conviction of or entry of a plea of guilty or nolo
13    contendere to any crime that is a felony under the laws of
14    the United States or any state or territory thereof or a
15    misdemeanor of which an essential element is dishonesty or
16    that is directly related to the practice of the profession
17    of nursing home administration.
18        (3) Making any misrepresentation for the purpose of
19    obtaining a license, or violating any provision of this
20    Act.
21        (4) Immoral conduct in the commission of any act, such
22    as sexual abuse or sexual misconduct, related to the
23    licensee's practice.
24        (5) Failing to respond within 30 days, to a written
25    request made by the Department for information.
26        (6) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (7) Habitual use or addiction to alcohol, narcotics,
4    stimulants, or any other chemical agent or drug which
5    results in the inability to practice with reasonable
6    judgment, skill or safety.
7        (8) Discipline by another U.S. jurisdiction if at least
8    one of the grounds for the discipline is the same or
9    substantially equivalent to those set forth herein.
10        (9) A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status has violated the terms of probation.
13        (10) Willfully making or filing false records or
14    reports in his or her practice, including but not limited
15    to false records filed with State agencies or departments.
16        (11) Physical illness, mental illness, or other
17    impairment or disability, including, but not limited to,
18    deterioration through the aging process, or loss of motor
19    skill that results in the inability to practice the
20    profession with reasonable judgment, skill or safety.
21        (12) Disregard or violation of this Act or of any rule
22    issued pursuant to this Act.
23        (13) Aiding or abetting another in the violation of
24    this Act or any rule or regulation issued pursuant to this
25    Act.
26        (14) Allowing one's license to be used by an unlicensed

 

 

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1    person.
2        (15) (Blank).
3        (16) Professional incompetence in the practice of
4    nursing home administration.
5        (17) Conviction of a violation of Section 12-19 or
6    subsection (a) of Section 12-4.4a of the Criminal Code of
7    1961 for the abuse and criminal gross neglect of a long
8    term care facility resident.
9        (18) Violation of the Nursing Home Care Act or the
10    MR/DD Community Care Act or of any rule issued under the
11    Nursing Home Care Act or the MR/DD Community Care Act. A
12    final adjudication of a Type "AA" violation of the Nursing
13    Home Care Act made by the Illinois Department of Public
14    Health, as identified by rule, relating to the hiring,
15    training, planning, organizing, directing, or supervising
16    the operation of a nursing home and a licensee's failure to
17    comply with this Act or the rules adopted under this Act,
18    shall create a rebuttable presumption of a violation of
19    this subsection.
20        (19) Failure to report to the Department any adverse
21    final action taken against the licensee by a licensing
22    authority of another state, territory of the United States,
23    or foreign country; or by any governmental or law
24    enforcement agency; or by any court for acts or conduct
25    similar to acts or conduct that would constitute grounds
26    for disciplinary action under this Section.

 

 

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1        (20) Failure to report to the Department the surrender
2    of a license or authorization to practice as a nursing home
3    administrator in another state or jurisdiction for acts or
4    conduct similar to acts or conduct that would constitute
5    grounds for disciplinary action under this Section.
6        (21) Failure to report to the Department any adverse
7    judgment, settlement, or award arising from a liability
8    claim related to acts or conduct similar to acts or conduct
9    that would constitute grounds for disciplinary action
10    under this Section.
11    All proceedings to suspend, revoke, place on probationary
12status, or take any other disciplinary action as the Department
13may deem proper, with regard to a license on any of the
14foregoing grounds, must be commenced within 5 years next after
15receipt by the Department of (i) a complaint alleging the
16commission of or notice of the conviction order for any of the
17acts described herein or (ii) a referral for investigation
18under Section 3-108 of the Nursing Home Care Act.
19    The entry of an order or judgment by any circuit court
20establishing that any person holding a license under this Act
21is a person in need of mental treatment operates as a
22suspension of that license. That person may resume their
23practice only upon the entry of a Department order based upon a
24finding by the Board that they have been determined to be
25recovered from mental illness by the court and upon the Board's
26recommendation that they be permitted to resume their practice.

 

 

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1    The Department, upon the recommendation of the Board, may
2adopt rules which set forth standards to be used in determining
3what constitutes:
4        (i) when a person will be deemed sufficiently
5    rehabilitated to warrant the public trust;
6        (ii) dishonorable, unethical or unprofessional conduct
7    of a character likely to deceive, defraud, or harm the
8    public;
9        (iii) immoral conduct in the commission of any act
10    related to the licensee's practice; and
11        (iv) professional incompetence in the practice of
12    nursing home administration.
13    However, no such rule shall be admissible into evidence in
14any civil action except for review of a licensing or other
15disciplinary action under this Act.
16    In enforcing this Section, the Department or Board, upon a
17showing of a possible violation, may compel any individual
18licensed to practice under this Act, or who has applied for
19licensure pursuant to this Act, to submit to a mental or
20physical examination, or both, as required by and at the
21expense of the Department. The examining physician or
22physicians shall be those specifically designated by the
23Department or Board. The Department or Board may order the
24examining physician to present testimony concerning this
25mental or physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

 

 

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1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination. Failure of any individual to submit
6to mental or physical examination, when directed, shall be
7grounds for suspension of his or her license until such time as
8the individual submits to the examination if the Department
9finds, after notice and hearing, that the refusal to submit to
10the examination was without reasonable cause.
11    If the Department or Board finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Department or Board shall require such individual to submit to
14care, counseling, or treatment by physicians approved or
15designated by the Department or Board, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice; or in lieu of care, counseling, or treatment, the
18Department may file, or the Board may recommend to the
19Department to file, a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the individual. Any
21individual whose license was granted pursuant to this Act or
22continued, reinstated, renewed, disciplined or supervised,
23subject to such terms, conditions or restrictions who shall
24fail to comply with such terms, conditions or restrictions
25shall be referred to the Secretary for a determination as to
26whether the licensee shall have his or her license suspended

 

 

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1immediately, pending a hearing by the Department. In instances
2in which the Secretary immediately suspends a license under
3this Section, a hearing upon such person's license must be
4convened by the Board within 30 days after such suspension and
5completed without appreciable delay. The Department and Board
6shall have the authority to review the subject administrator's
7record of treatment and counseling regarding the impairment, to
8the extent permitted by applicable federal statutes and
9regulations safeguarding the confidentiality of medical
10records.
11    An individual licensed under this Act, affected under this
12Section, shall be afforded an opportunity to demonstrate to the
13Department or Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16    (b) Any individual or organization acting in good faith,
17and not in a wilful and wanton manner, in complying with this
18Act by providing any report or other information to the
19Department, or assisting in the investigation or preparation of
20such information, or by participating in proceedings of the
21Department, or by serving as a member of the Board, shall not,
22as a result of such actions, be subject to criminal prosecution
23or civil damages.
24    (c) Members of the Board, and persons retained under
25contract to assist and advise in an investigation, shall be
26indemnified by the State for any actions occurring within the

 

 

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1scope of services on or for the Board, done in good faith and
2not wilful and wanton in nature. The Attorney General shall
3defend all such actions unless he or she determines either that
4there would be a conflict of interest in such representation or
5that the actions complained of were not in good faith or were
6wilful and wanton.
7    Should the Attorney General decline representation, a
8person entitled to indemnification under this Section shall
9have the right to employ counsel of his or her choice, whose
10fees shall be provided by the State, after approval by the
11Attorney General, unless there is a determination by a court
12that the member's actions were not in good faith or were wilful
13and wanton.
14    A person entitled to indemnification under this Section
15must notify the Attorney General within 7 days of receipt of
16notice of the initiation of any action involving services of
17the Board. Failure to so notify the Attorney General shall
18constitute an absolute waiver of the right to a defense and
19indemnification.
20    The Attorney General shall determine within 7 days after
21receiving such notice, whether he or she will undertake to
22represent a person entitled to indemnification under this
23Section.
24    (d) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission as
26provided in the Mental Health and Developmental Disabilities

 

 

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1Code, as amended, operates as an automatic suspension. Such
2suspension will end only upon a finding by a court that the
3patient is no longer subject to involuntary admission or
4judicial admission and issues an order so finding and
5discharging the patient; and upon the recommendation of the
6Board to the Secretary that the licensee be allowed to resume
7his or her practice.
8    (e) The Department may refuse to issue or may suspend the
9license of any person who fails to file a return, or to pay the
10tax, penalty or interest shown in a filed return, or to pay any
11final assessment of tax, penalty or interest, as required by
12any tax Act administered by the Department of Revenue, until
13such time as the requirements of any such tax Act are
14satisfied.
15    (f) The Department of Public Health shall transmit to the
16Department a list of those facilities which receive an "A"
17violation as defined in Section 1-129 of the Nursing Home Care
18Act.
19(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;
2096-1372, eff. 7-29-10.)
 
21    Section 945. The Illinois Sexually Transmissible Disease
22Control Act is amended by changing Section 5.5 as follows:
 
23    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
24    Sec. 5.5. Risk assessment.

 

 

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1    (a) Whenever the Department receives a report of HIV
2infection or AIDS pursuant to this Act and the Department
3determines that the subject of the report may present or may
4have presented a possible risk of HIV transmission, the
5Department shall, when medically appropriate, investigate the
6subject of the report and that person's contacts as defined in
7subsection (c), to assess the potential risks of transmission.
8Any investigation and action shall be conducted in a timely
9fashion. All contacts other than those defined in subsection
10(c) shall be investigated in accordance with Section 5 of this
11Act.
12    (b) If the Department determines that there is or may have
13been potential risks of HIV transmission from the subject of
14the report to other persons, the Department shall afford the
15subject the opportunity to submit any information and comment
16on proposed actions the Department intends to take with respect
17to the subject's contacts who are at potential risk of
18transmission of HIV prior to notification of the subject's
19contacts. The Department shall also afford the subject of the
20report the opportunity to notify the subject's contacts in a
21timely fashion who are at potential risk of transmission of HIV
22prior to the Department taking any steps to notify such
23contacts. If the subject declines to notify such contacts or if
24the Department determines the notices to be inadequate or
25incomplete, the Department shall endeavor to notify such other
26persons of the potential risk, and offer testing and counseling

 

 

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1services to these individuals. When the contacts are notified,
2they shall be informed of the disclosure provisions of the AIDS
3Confidentiality Act and the penalties therein and this Section.
4    (c) Contacts investigated under this Section shall in the
5case of HIV infection include (i) individuals who have
6undergone invasive procedures performed by an HIV infected
7health care provider and (ii) health care providers who have
8performed invasive procedures for persons infected with HIV,
9provided the Department has determined that there is or may
10have been potential risk of HIV transmission from the health
11care provider to those individuals or from infected persons to
12health care providers. The Department shall have access to the
13subject's records to review for the identity of contacts. The
14subject's records shall not be copied or seized by the
15Department.
16    For purposes of this subsection, the term "invasive
17procedures" means those procedures termed invasive by the
18Centers for Disease Control in current guidelines or
19recommendations for the prevention of HIV transmission in
20health care settings, and the term "health care provider" means
21any physician, dentist, podiatrist, advanced practice nurse,
22physician assistant, nurse, or other person providing health
23care services of any kind.
24    (d) All information and records held by the Department and
25local health authorities pertaining to activities conducted
26pursuant to this Section shall be strictly confidential and

 

 

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1exempt from copying and inspection under the Freedom of
2Information Act. Such information and records shall not be
3released or made public by the Department or local health
4authorities, and shall not be admissible as evidence, nor
5discoverable in any action of any kind in any court or before
6any tribunal, board, agency or person and shall be treated in
7the same manner as the information and those records subject to
8the provisions of Part 21 of the Code of Civil Procedure except
9under the following circumstances:
10        (1) When made with the written consent of all persons
11    to whom this information pertains;
12        (2) When authorized under Section 8 to be released
13    under court order or subpoena pursuant to Section 12-5.01
14    or 12-16.2 of the Criminal Code of 1961; or
15        (3) When made by the Department for the purpose of
16    seeking a warrant authorized by Sections 6 and 7 of this
17    Act. Such disclosure shall conform to the requirements of
18    subsection (a) of Section 8 of this Act.
19    (e) Any person who knowingly or maliciously disseminates
20any information or report concerning the existence of any
21disease under this Section is guilty of a Class A misdemeanor.
22(Source: P.A. 93-962, eff. 8-20-04.)
 
23    Section 950. The Illinois Vehicle Code is amended by
24changing Sections 6-106.1 and 6-508 as follows:
 

 

 

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1    (625 ILCS 5/6-106.1)
2    Sec. 6-106.1. School bus driver permit.
3    (a) The Secretary of State shall issue a school bus driver
4permit to those applicants who have met all the requirements of
5the application and screening process under this Section to
6insure the welfare and safety of children who are transported
7on school buses throughout the State of Illinois. Applicants
8shall obtain the proper application required by the Secretary
9of State from their prospective or current employer and submit
10the completed application to the prospective or current
11employer along with the necessary fingerprint submission as
12required by the Department of State Police to conduct
13fingerprint based criminal background checks on current and
14future information available in the state system and current
15information available through the Federal Bureau of
16Investigation's system. Applicants who have completed the
17fingerprinting requirements shall not be subjected to the
18fingerprinting process when applying for subsequent permits or
19submitting proof of successful completion of the annual
20refresher course. Individuals who on the effective date of this
21Act possess a valid school bus driver permit that has been
22previously issued by the appropriate Regional School
23Superintendent are not subject to the fingerprinting
24provisions of this Section as long as the permit remains valid
25and does not lapse. The applicant shall be required to pay all
26related application and fingerprinting fees as established by

 

 

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1rule including, but not limited to, the amounts established by
2the Department of State Police and the Federal Bureau of
3Investigation to process fingerprint based criminal background
4investigations. All fees paid for fingerprint processing
5services under this Section shall be deposited into the State
6Police Services Fund for the cost incurred in processing the
7fingerprint based criminal background investigations. All
8other fees paid under this Section shall be deposited into the
9Road Fund for the purpose of defraying the costs of the
10Secretary of State in administering this Section. All
11applicants must:
12        1. be 21 years of age or older;
13        2. possess a valid and properly classified driver's
14    license issued by the Secretary of State;
15        3. possess a valid driver's license, which has not been
16    revoked, suspended, or canceled for 3 years immediately
17    prior to the date of application, or have not had his or
18    her commercial motor vehicle driving privileges
19    disqualified within the 3 years immediately prior to the
20    date of application;
21        4. successfully pass a written test, administered by
22    the Secretary of State, on school bus operation, school bus
23    safety, and special traffic laws relating to school buses
24    and submit to a review of the applicant's driving habits by
25    the Secretary of State at the time the written test is
26    given;

 

 

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1        5. demonstrate ability to exercise reasonable care in
2    the operation of school buses in accordance with rules
3    promulgated by the Secretary of State;
4        6. demonstrate physical fitness to operate school
5    buses by submitting the results of a medical examination,
6    including tests for drug use for each applicant not subject
7    to such testing pursuant to federal law, conducted by a
8    licensed physician, an advanced practice nurse who has a
9    written collaborative agreement with a collaborating
10    physician which authorizes him or her to perform medical
11    examinations, or a physician assistant who has been
12    delegated the performance of medical examinations by his or
13    her supervising physician within 90 days of the date of
14    application according to standards promulgated by the
15    Secretary of State;
16        7. affirm under penalties of perjury that he or she has
17    not made a false statement or knowingly concealed a
18    material fact in any application for permit;
19        8. have completed an initial classroom course,
20    including first aid procedures, in school bus driver safety
21    as promulgated by the Secretary of State; and after
22    satisfactory completion of said initial course an annual
23    refresher course; such courses and the agency or
24    organization conducting such courses shall be approved by
25    the Secretary of State; failure to complete the annual
26    refresher course, shall result in cancellation of the

 

 

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1    permit until such course is completed;
2        9. not have been convicted of 2 or more serious traffic
3    offenses, as defined by rule, within one year prior to the
4    date of application that may endanger the life or safety of
5    any of the driver's passengers within the duration of the
6    permit period;
7        10. not have been convicted of reckless driving,
8    aggravated reckless driving, driving while under the
9    influence of alcohol, other drug or drugs, intoxicating
10    compound or compounds or any combination thereof, or
11    reckless homicide resulting from the operation of a motor
12    vehicle within 3 years of the date of application;
13        11. not have been convicted of committing or attempting
14    to commit any one or more of the following offenses: (i)
15    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
16    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
17    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
18    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
19    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
20    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
21    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
22    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
23    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
24    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
25    12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3,
26    18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,

 

 

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1    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
2    24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
3    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
4    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
5    Section 12-3.05, and in subsection (a) and subsection (b),
6    clause (1), of Section 12-4, and in subsection (A), clauses
7    (a) and (b), of Section 24-3, and those offenses contained
8    in Article 29D of the Criminal Code of 1961; (ii) those
9    offenses defined in the Cannabis Control Act except those
10    offenses defined in subsections (a) and (b) of Section 4,
11    and subsection (a) of Section 5 of the Cannabis Control
12    Act; (iii) those offenses defined in the Illinois
13    Controlled Substances Act; (iv) those offenses defined in
14    the Methamphetamine Control and Community Protection Act;
15    (v) any offense committed or attempted in any other state
16    or against the laws of the United States, which if
17    committed or attempted in this State would be punishable as
18    one or more of the foregoing offenses; (vi) the offenses
19    defined in Section 4.1 and 5.1 of the Wrongs to Children
20    Act; (vii) those offenses defined in Section 6-16 of the
21    Liquor Control Act of 1934; and (viii) those offenses
22    defined in the Methamphetamine Precursor Control Act; .
23        12. not have been repeatedly involved as a driver in
24    motor vehicle collisions or been repeatedly convicted of
25    offenses against laws and ordinances regulating the
26    movement of traffic, to a degree which indicates lack of

 

 

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1    ability to exercise ordinary and reasonable care in the
2    safe operation of a motor vehicle or disrespect for the
3    traffic laws and the safety of other persons upon the
4    highway;
5        13. not have, through the unlawful operation of a motor
6    vehicle, caused an accident resulting in the death of any
7    person; and
8        14. not have, within the last 5 years, been adjudged to
9    be afflicted with or suffering from any mental disability
10    or disease.
11    (b) A school bus driver permit shall be valid for a period
12specified by the Secretary of State as set forth by rule. It
13shall be renewable upon compliance with subsection (a) of this
14Section.
15    (c) A school bus driver permit shall contain the holder's
16driver's license number, legal name, residence address, zip
17code, social security number and date of birth, a brief
18description of the holder and a space for signature. The
19Secretary of State may require a suitable photograph of the
20holder.
21    (d) The employer shall be responsible for conducting a
22pre-employment interview with prospective school bus driver
23candidates, distributing school bus driver applications and
24medical forms to be completed by the applicant, and submitting
25the applicant's fingerprint cards to the Department of State
26Police that are required for the criminal background

 

 

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1investigations. The employer shall certify in writing to the
2Secretary of State that all pre-employment conditions have been
3successfully completed including the successful completion of
4an Illinois specific criminal background investigation through
5the Department of State Police and the submission of necessary
6fingerprints to the Federal Bureau of Investigation for
7criminal history information available through the Federal
8Bureau of Investigation system. The applicant shall present the
9certification to the Secretary of State at the time of
10submitting the school bus driver permit application.
11    (e) Permits shall initially be provisional upon receiving
12certification from the employer that all pre-employment
13conditions have been successfully completed, and upon
14successful completion of all training and examination
15requirements for the classification of the vehicle to be
16operated, the Secretary of State shall provisionally issue a
17School Bus Driver Permit. The permit shall remain in a
18provisional status pending the completion of the Federal Bureau
19of Investigation's criminal background investigation based
20upon fingerprinting specimens submitted to the Federal Bureau
21of Investigation by the Department of State Police. The Federal
22Bureau of Investigation shall report the findings directly to
23the Secretary of State. The Secretary of State shall remove the
24bus driver permit from provisional status upon the applicant's
25successful completion of the Federal Bureau of Investigation's
26criminal background investigation.

 

 

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1    (f) A school bus driver permit holder shall notify the
2employer and the Secretary of State if he or she is convicted
3in another state of an offense that would make him or her
4ineligible for a permit under subsection (a) of this Section.
5The written notification shall be made within 5 days of the
6entry of the conviction. Failure of the permit holder to
7provide the notification is punishable as a petty offense for a
8first violation and a Class B misdemeanor for a second or
9subsequent violation.
10    (g) Cancellation; suspension; notice and procedure.
11        (1) The Secretary of State shall cancel a school bus
12    driver permit of an applicant whose criminal background
13    investigation discloses that he or she is not in compliance
14    with the provisions of subsection (a) of this Section.
15        (2) The Secretary of State shall cancel a school bus
16    driver permit when he or she receives notice that the
17    permit holder fails to comply with any provision of this
18    Section or any rule promulgated for the administration of
19    this Section.
20        (3) The Secretary of State shall cancel a school bus
21    driver permit if the permit holder's restricted commercial
22    or commercial driving privileges are withdrawn or
23    otherwise invalidated.
24        (4) The Secretary of State may not issue a school bus
25    driver permit for a period of 3 years to an applicant who
26    fails to obtain a negative result on a drug test as

 

 

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1    required in item 6 of subsection (a) of this Section or
2    under federal law.
3        (5) The Secretary of State shall forthwith suspend a
4    school bus driver permit for a period of 3 years upon
5    receiving notice that the holder has failed to obtain a
6    negative result on a drug test as required in item 6 of
7    subsection (a) of this Section or under federal law.
8        (6) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving notice
10    from the employer that the holder failed to perform the
11    inspection procedure set forth in subsection (a) or (b) of
12    Section 12-816 of this Code.
13    The Secretary of State shall notify the State
14Superintendent of Education and the permit holder's
15prospective or current employer that the applicant has (1) has
16failed a criminal background investigation or (2) is no longer
17eligible for a school bus driver permit; and of the related
18cancellation of the applicant's provisional school bus driver
19permit. The cancellation shall remain in effect pending the
20outcome of a hearing pursuant to Section 2-118 of this Code.
21The scope of the hearing shall be limited to the issuance
22criteria contained in subsection (a) of this Section. A
23petition requesting a hearing shall be submitted to the
24Secretary of State and shall contain the reason the individual
25feels he or she is entitled to a school bus driver permit. The
26permit holder's employer shall notify in writing to the

 

 

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1Secretary of State that the employer has certified the removal
2of the offending school bus driver from service prior to the
3start of that school bus driver's next workshift. An employing
4school board that fails to remove the offending school bus
5driver from service is subject to the penalties defined in
6Section 3-14.23 of the School Code. A school bus contractor who
7violates a provision of this Section is subject to the
8penalties defined in Section 6-106.11.
9    All valid school bus driver permits issued under this
10Section prior to January 1, 1995, shall remain effective until
11their expiration date unless otherwise invalidated.
12    (h) When a school bus driver permit holder who is a service
13member is called to active duty, the employer of the permit
14holder shall notify the Secretary of State, within 30 days of
15notification from the permit holder, that the permit holder has
16been called to active duty. Upon notification pursuant to this
17subsection, (i) the Secretary of State shall characterize the
18permit as inactive until a permit holder renews the permit as
19provided in subsection (i) of this Section, and (ii) if a
20permit holder fails to comply with the requirements of this
21Section while called to active duty, the Secretary of State
22shall not characterize the permit as invalid.
23    (i) A school bus driver permit holder who is a service
24member returning from active duty must, within 90 days, renew a
25permit characterized as inactive pursuant to subsection (h) of
26this Section by complying with the renewal requirements of

 

 

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1subsection (b) of this Section.
2    (j) For purposes of subsections (h) and (i) of this
3Section:
4    "Active duty" means active duty pursuant to an executive
5order of the President of the United States, an act of the
6Congress of the United States, or an order of the Governor.
7    "Service member" means a member of the Armed Services or
8reserve forces of the United States or a member of the Illinois
9National Guard.
10(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1196-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
127-22-10; revised 9-2-10.)
 
13    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
14    Sec. 6-508. Commercial Driver's License (CDL) -
15qualification standards.
16    (a) Testing.
17        (1) General. No person shall be issued an original or
18    renewal CDL unless that person is domiciled in this State.
19    The Secretary shall cause to be administered such tests as
20    the Secretary deems necessary to meet the requirements of
21    49 C.F.R. Part 383, subparts F, G, H, and J.
22        (2) Third party testing. The Secretary of state may
23    authorize a "third party tester", pursuant to 49 C.F.R.
24    Part 383.75, to administer the skills test or tests
25    specified by Federal Motor Carrier Safety Administration

 

 

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1    pursuant to the Commercial Motor Vehicle Safety Act of 1986
2    and any appropriate federal rule.
3    (b) Waiver of Skills Test. The Secretary of State may waive
4the skills test specified in this Section for a driver
5applicant for a commercial driver license who meets the
6requirements of 49 C.F.R. Part 383.77 and Part 383.123.
7    (c) Limitations on issuance of a CDL. A CDL, or a
8commercial driver instruction permit, shall not be issued to a
9person while the person is subject to a disqualification from
10driving a commercial motor vehicle, or unless otherwise
11permitted by this Code, while the person's driver's license is
12suspended, revoked or cancelled in any state, or any territory
13or province of Canada; nor may a CDL be issued to a person who
14has a CDL issued by any other state, or foreign jurisdiction,
15unless the person first surrenders all such licenses. No CDL
16shall be issued to or renewed for a person who does not meet
17the requirement of 49 CFR 391.41(b)(11). The requirement may be
18met with the aid of a hearing aid.
19    (c-1) The Secretary may issue a CDL with a school bus
20driver endorsement to allow a person to drive the type of bus
21described in subsection (d-5) of Section 6-104 of this Code.
22The CDL with a school bus driver endorsement may be issued only
23to a person meeting the following requirements:
24        (1) the person has submitted his or her fingerprints to
25    the Department of State Police in the form and manner
26    prescribed by the Department of State Police. These

 

 

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1    fingerprints shall be checked against the fingerprint
2    records now and hereafter filed in the Department of State
3    Police and Federal Bureau of Investigation criminal
4    history records databases;
5        (2) the person has passed a written test, administered
6    by the Secretary of State, on charter bus operation,
7    charter bus safety, and certain special traffic laws
8    relating to school buses determined by the Secretary of
9    State to be relevant to charter buses, and submitted to a
10    review of the driver applicant's driving habits by the
11    Secretary of State at the time the written test is given;
12        (3) the person has demonstrated physical fitness to
13    operate school buses by submitting the results of a medical
14    examination, including tests for drug use; and
15        (4) the person has not been convicted of committing or
16    attempting to commit any one or more of the following
17    offenses: (i) those offenses defined in Sections 8-1.2,
18    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
19    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5,
20    11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1,
21    11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
22    11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.3, 11-21,
23    11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4,
24    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
25    12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3,
26    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,

 

 

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1    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
2    18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3,
3    20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7,
4    24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1,
5    and in subsection (b) of Section 8-1, and in subdivisions
6    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
7    and (f)(1) of Section 12-3.05, and in subsection (a) and
8    subsection (b), clause (1), of Section 12-4, and in
9    subsection (A), clauses (a) and (b), of Section 24-3, and
10    those offenses contained in Article 29D of the Criminal
11    Code of 1961; (ii) those offenses defined in the Cannabis
12    Control Act except those offenses defined in subsections
13    (a) and (b) of Section 4, and subsection (a) of Section 5
14    of the Cannabis Control Act; (iii) those offenses defined
15    in the Illinois Controlled Substances Act; (iv) those
16    offenses defined in the Methamphetamine Control and
17    Community Protection Act; (v) any offense committed or
18    attempted in any other state or against the laws of the
19    United States, which if committed or attempted in this
20    State would be punishable as one or more of the foregoing
21    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
22    of the Wrongs to Children Act; (vii) those offenses defined
23    in Section 6-16 of the Liquor Control Act of 1934; and
24    (viii) those offenses defined in the Methamphetamine
25    Precursor Control Act.
26    The Department of State Police shall charge a fee for

 

 

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1conducting the criminal history records check, which shall be
2deposited into the State Police Services Fund and may not
3exceed the actual cost of the records check.
4    (c-2) The Secretary shall issue a CDL with a school bus
5endorsement to allow a person to drive a school bus as defined
6in this Section. The CDL shall be issued according to the
7requirements outlined in 49 C.F.R. 383. A person may not
8operate a school bus as defined in this Section without a
9school bus endorsement. The Secretary of State may adopt rules
10consistent with Federal guidelines to implement this
11subsection (c-2).
12    (d) Commercial driver instruction permit. A commercial
13driver instruction permit may be issued to any person holding a
14valid Illinois driver's license if such person successfully
15passes such tests as the Secretary determines to be necessary.
16A commercial driver instruction permit shall not be issued to a
17person who does not meet the requirements of 49 CFR 391.41
18(b)(11), except for the renewal of a commercial driver
19instruction permit for a person who possesses a commercial
20instruction permit prior to the effective date of this
21amendatory Act of 1999.
22(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
2396-1182, eff. 7-22-10.)
 
24    Section 955. The Juvenile Court Act of 1987 is amended by
25changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as

 

 

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1follows:
 
2    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
3    Sec. 2-25. Order of protection.
4    (1) The court may make an order of protection in assistance
5of or as a condition of any other order authorized by this Act.
6The order of protection shall be based on the health, safety
7and best interests of the minor and may set forth reasonable
8conditions of behavior to be observed for a specified period.
9Such an order may require a person:
10        (a) to stay away from the home or the minor;
11        (b) to permit a parent to visit the minor at stated
12    periods;
13        (c) to abstain from offensive conduct against the
14    minor, his parent or any person to whom custody of the
15    minor is awarded;
16        (d) to give proper attention to the care of the home;
17        (e) to cooperate in good faith with an agency to which
18    custody of a minor is entrusted by the court or with an
19    agency or association to which the minor is referred by the
20    court;
21        (f) to prohibit and prevent any contact whatsoever with
22    the respondent minor by a specified individual or
23    individuals who are alleged in either a criminal or
24    juvenile proceeding to have caused injury to a respondent
25    minor or a sibling of a respondent minor;

 

 

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1        (g) to refrain from acts of commission or omission that
2    tend to make the home not a proper place for the minor;
3        (h) to refrain from contacting the minor and the foster
4    parents in any manner that is not specified in writing in
5    the case plan.
6    (2) The court shall enter an order of protection to
7prohibit and prevent any contact between a respondent minor or
8a sibling of a respondent minor and any person named in a
9petition seeking an order of protection who has been convicted
10of heinous battery under Section 12-4.1 or aggravated battery
11under subdivision (a)(2) of Section 12-3.05, aggravated
12battery of a child under Section 12-4.3 or aggravated battery
13under subdivision (b)(1) of Section 12-3.05, criminal sexual
14assault under Section 12-13, aggravated criminal sexual
15assault under Section 12-14, predatory criminal sexual assault
16of a child under Section 12-14.1, criminal sexual abuse under
17Section 12-15, or aggravated criminal sexual abuse under
18Section 12-16 of the Criminal Code of 1961, or has been
19convicted of an offense that resulted in the death of a child,
20or has violated a previous order of protection under this
21Section.
22    (3) When the court issues an order of protection against
23any person as provided by this Section, the court shall direct
24a copy of such order to the Sheriff of that county. The Sheriff
25shall furnish a copy of the order of protection to the
26Department of State Police within 24 hours of receipt, in the

 

 

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1form and manner required by the Department. The Department of
2State Police shall maintain a complete record and index of such
3orders of protection and make this data available to all local
4law enforcement agencies.
5    (4) After notice and opportunity for hearing afforded to a
6person subject to an order of protection, the order may be
7modified or extended for a further specified period or both or
8may be terminated if the court finds that the health, safety,
9and best interests of the minor and the public will be served
10thereby.
11    (5) An order of protection may be sought at any time during
12the course of any proceeding conducted pursuant to this Act if
13such an order is consistent with the health, safety, and best
14interests of the minor. Any person against whom an order of
15protection is sought may retain counsel to represent him at a
16hearing, and has rights to be present at the hearing, to be
17informed prior to the hearing in writing of the contents of the
18petition seeking a protective order and of the date, place and
19time of such hearing, and to cross examine witnesses called by
20the petitioner and to present witnesses and argument in
21opposition to the relief sought in the petition.
22    (6) Diligent efforts shall be made by the petitioner to
23serve any person or persons against whom any order of
24protection is sought with written notice of the contents of the
25petition seeking a protective order and of the date, place and
26time at which the hearing on the petition is to be held. When a

 

 

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1protective order is being sought in conjunction with a
2temporary custody hearing, if the court finds that the person
3against whom the protective order is being sought has been
4notified of the hearing or that diligent efforts have been made
5to notify such person, the court may conduct a hearing. If a
6protective order is sought at any time other than in
7conjunction with a temporary custody hearing, the court may not
8conduct a hearing on the petition in the absence of the person
9against whom the order is sought unless the petitioner has
10notified such person by personal service at least 3 days before
11the hearing or has sent written notice by first class mail to
12such person's last known address at least 5 days before the
13hearing.
14    (7) A person against whom an order of protection is being
15sought who is neither a parent, guardian, legal custodian or
16responsible relative as described in Section 1-5 is not a party
17or respondent as defined in that Section and shall not be
18entitled to the rights provided therein. Such person does not
19have a right to appointed counsel or to be present at any
20hearing other than the hearing in which the order of protection
21is being sought or a hearing directly pertaining to that order.
22Unless the court orders otherwise, such person does not have a
23right to inspect the court file.
24    (8) All protective orders entered under this Section shall
25be in writing. Unless the person against whom the order was
26obtained was present in court when the order was issued, the

 

 

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1sheriff, other law enforcement official or special process
2server shall promptly serve that order upon that person and
3file proof of such service, in the manner provided for service
4of process in civil proceedings. The person against whom the
5protective order was obtained may seek a modification of the
6order by filing a written motion to modify the order within 7
7days after actual receipt by the person of a copy of the order.
8Any modification of the order granted by the court must be
9determined to be consistent with the best interests of the
10minor.
11    (9) If a petition is filed charging a violation of a
12condition contained in the protective order and if the court
13determines that this violation is of a critical service
14necessary to the safety and welfare of the minor, the court may
15proceed to findings and an order for temporary custody.
16(Source: P.A. 95-405, eff. 6-1-08.)
 
17    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
18    Sec. 3-26. Order of protection.
19    (1) The court may make an order of protection in assistance
20of or as a condition of any other order authorized by this Act.
21The order of protection may set forth reasonable conditions of
22behavior to be observed for a specified period. Such an order
23may require a person:
24        (a) To stay away from the home or the minor;
25        (b) To permit a parent to visit the minor at stated

 

 

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1    periods;
2        (c) To abstain from offensive conduct against the
3    minor, his parent or any person to whom custody of the
4    minor is awarded;
5        (d) To give proper attention to the care of the home;
6        (e) To cooperate in good faith with an agency to which
7    custody of a minor is entrusted by the court or with an
8    agency or association to which the minor is referred by the
9    court;
10        (f) To prohibit and prevent any contact whatsoever with
11    the respondent minor by a specified individual or
12    individuals who are alleged in either a criminal or
13    juvenile proceeding to have caused injury to a respondent
14    minor or a sibling of a respondent minor;
15        (g) To refrain from acts of commission or omission that
16    tend to make the home not a proper place for the minor.
17    (2) The court shall enter an order of protection to
18prohibit and prevent any contact between a respondent minor or
19a sibling of a respondent minor and any person named in a
20petition seeking an order of protection who has been convicted
21of heinous battery under Section 12-4.1 or aggravated battery
22under subdivision (a)(2) of Section 12-3.05, aggravated
23battery of a child under Section 12-4.3 or aggravated battery
24under subdivision (b)(1) of Section 12-3.05, criminal sexual
25assault under Section 12-13, aggravated criminal sexual
26assault under Section 12-14, predatory criminal sexual assault

 

 

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1of a child under Section 12-14.1, criminal sexual abuse under
2Section 12-15, or aggravated criminal sexual abuse under
3Section 12-16 of the Criminal Code of 1961, or has been
4convicted of an offense that resulted in the death of a child,
5or has violated a previous order of protection under this
6Section.
7    (3) When the court issues an order of protection against
8any person as provided by this Section, the court shall direct
9a copy of such order to the Sheriff of that county. The Sheriff
10shall furnish a copy of the order of protection to the
11Department of State Police within 24 hours of receipt, in the
12form and manner required by the Department. The Department of
13State Police shall maintain a complete record and index of such
14orders of protection and make this data available to all local
15law enforcement agencies.
16    (4) After notice and opportunity for hearing afforded to a
17person subject to an order of protection, the order may be
18modified or extended for a further specified period or both or
19may be terminated if the court finds that the best interests of
20the minor and the public will be served thereby.
21    (5) An order of protection may be sought at any time during
22the course of any proceeding conducted pursuant to this Act.
23Any person against whom an order of protection is sought may
24retain counsel to represent him at a hearing, and has rights to
25be present at the hearing, to be informed prior to the hearing
26in writing of the contents of the petition seeking a protective

 

 

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1order and of the date, place and time of such hearing, and to
2cross examine witnesses called by the petitioner and to present
3witnesses and argument in opposition to the relief sought in
4the petition.
5    (6) Diligent efforts shall be made by the petitioner to
6serve any person or persons against whom any order of
7protection is sought with written notice of the contents of the
8petition seeking a protective order and of the date, place and
9time at which the hearing on the petition is to be held. When a
10protective order is being sought in conjunction with a shelter
11care hearing, if the court finds that the person against whom
12the protective order is being sought has been notified of the
13hearing or that diligent efforts have been made to notify such
14person, the court may conduct a hearing. If a protective order
15is sought at any time other than in conjunction with a shelter
16care hearing, the court may not conduct a hearing on the
17petition in the absence of the person against whom the order is
18sought unless the petitioner has notified such person by
19personal service at least 3 days before the hearing or has sent
20written notice by first class mail to such person's last known
21address at least 5 days before the hearing.
22    (7) A person against whom an order of protection is being
23sought who is neither a parent, guardian, legal custodian or
24responsible relative as described in Section 1-5 is not a party
25or respondent as defined in that Section and shall not be
26entitled to the rights provided therein. Such person does not

 

 

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1have a right to appointed counsel or to be present at any
2hearing other than the hearing in which the order of protection
3is being sought or a hearing directly pertaining to that order.
4Unless the court orders otherwise, such person does not have a
5right to inspect the court file.
6    (8) All protective orders entered under this Section shall
7be in writing. Unless the person against whom the order was
8obtained was present in court when the order was issued, the
9sheriff, other law enforcement official or special process
10server shall promptly serve that order upon that person and
11file proof of such service, in the manner provided for service
12of process in civil proceedings. The person against whom the
13protective order was obtained may seek a modification of the
14order by filing a written motion to modify the order within 7
15days after actual receipt by the person of a copy of the order.
16(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
1790-655, eff. 7-30-98.)
 
18    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
19    Sec. 4-23. Order of protection.
20    (1) The court may make an order of protection in assistance
21of or as a condition of any other order authorized by this Act.
22The order of protection may set forth reasonable conditions of
23behavior to be observed for a specified period. Such an order
24may require a person:
25        (a) To stay away from the home or the minor;

 

 

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1        (b) To permit a parent to visit the minor at stated
2    periods;
3        (c) To abstain from offensive conduct against the
4    minor, his parent or any person to whom custody of the
5    minor is awarded;
6        (d) To give proper attention to the care of the home;
7        (e) To cooperate in good faith with an agency to which
8    custody of a minor is entrusted by the court or with an
9    agency or association to which the minor is referred by the
10    court;
11        (f) To prohibit and prevent any contact whatsoever with
12    the respondent minor by a specified individual or
13    individuals who are alleged in either a criminal or
14    juvenile proceeding to have caused injury to a respondent
15    minor or a sibling of a respondent minor;
16        (g) To refrain from acts of commission or omission that
17    tend to make the home not a proper place for the minor.
18    (2) The court shall enter an order of protection to
19prohibit and prevent any contact between a respondent minor or
20a sibling of a respondent minor and any person named in a
21petition seeking an order of protection who has been convicted
22of heinous battery under Section 12-4.1 or aggravated battery
23under subdivision (a)(2) of Section 12-3.05, aggravated
24battery of a child under Section 12-4.3 or aggravated battery
25under subdivision (b)(1) of Section 12-3.05, criminal sexual
26assault under Section 12-13, aggravated criminal sexual

 

 

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1assault under Section 12-14, predatory criminal sexual assault
2of a child under Section 12-14.1, criminal sexual abuse under
3Section 12-15, or aggravated criminal sexual abuse under
4Section 12-16 of the Criminal Code of 1961, or has been
5convicted of an offense that resulted in the death of a child,
6or has violated a previous order of protection under this
7Section.
8    (3) When the court issues an order of protection against
9any person as provided by this Section, the court shall direct
10a copy of such order to the Sheriff of that county. The Sheriff
11shall furnish a copy of the order of protection to the
12Department of State Police within 24 hours of receipt, in the
13form and manner required by the Department. The Department of
14State Police shall maintain a complete record and index of such
15orders of protection and make this data available to all local
16law enforcement agencies.
17    (4) After notice and opportunity for hearing afforded to a
18person subject to an order of protection, the order may be
19modified or extended for a further specified period or both or
20may be terminated if the court finds that the best interests of
21the minor and the public will be served thereby.
22    (5) An order of protection may be sought at any time during
23the course of any proceeding conducted pursuant to this Act.
24Any person against whom an order of protection is sought may
25retain counsel to represent him at a hearing, and has rights to
26be present at the hearing, to be informed prior to the hearing

 

 

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1in writing of the contents of the petition seeking a protective
2order and of the date, place and time of such hearing, and to
3cross examine witnesses called by the petitioner and to present
4witnesses and argument in opposition to the relief sought in
5the petition.
6    (6) Diligent efforts shall be made by the petitioner to
7serve any person or persons against whom any order of
8protection is sought with written notice of the contents of the
9petition seeking a protective order and of the date, place and
10time at which the hearing on the petition is to be held. When a
11protective order is being sought in conjunction with a shelter
12care hearing, if the court finds that the person against whom
13the protective order is being sought has been notified of the
14hearing or that diligent efforts have been made to notify such
15person, the court may conduct a hearing. If a protective order
16is sought at any time other than in conjunction with a shelter
17care hearing, the court may not conduct a hearing on the
18petition in the absence of the person against whom the order is
19sought unless the petitioner has notified such person by
20personal service at least 3 days before the hearing or has sent
21written notice by first class mail to such person's last known
22address at least 5 days before the hearing.
23    (7) A person against whom an order of protection is being
24sought who is neither a parent, guardian, legal custodian or
25responsible relative as described in Section 1-5 is not a party
26or respondent as defined in that Section and shall not be

 

 

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1entitled to the rights provided therein. Such person does not
2have a right to appointed counsel or to be present at any
3hearing other than the hearing in which the order of protection
4is being sought or a hearing directly pertaining to that order.
5Unless the court orders otherwise, such person does not have a
6right to inspect the court file.
7    (8) All protective orders entered under this Section shall
8be in writing. Unless the person against whom the order was
9obtained was present in court when the order was issued, the
10sheriff, other law enforcement official or special process
11server shall promptly serve that order upon that person and
12file proof of such service, in the manner provided for service
13of process in civil proceedings. The person against whom the
14protective order was obtained may seek a modification of the
15order by filing a written motion to modify the order within 7
16days after actual receipt by the person of a copy of the order.
17(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
1890-655, eff. 7-30-98.)
 
19    (705 ILCS 405/5-130)
20    Sec. 5-130. Excluded jurisdiction.
21    (1) (a) The definition of delinquent minor under Section
225-120 of this Article shall not apply to any minor who at the
23time of an offense was at least 15 years of age and who is
24charged with: (i) first degree murder, (ii) aggravated criminal
25sexual assault, (iii) aggravated battery with a firearm as

 

 

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1described in Section 12-4.2 or subdivision (e)(1), (e)(2),
2(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
3discharged a firearm as defined in Section 2-15.5 of the
4Criminal Code of 1961, (iv) armed robbery when the armed
5robbery was committed with a firearm, or (v) aggravated
6vehicular hijacking when the hijacking was committed with a
7firearm.
8    These charges and all other charges arising out of the same
9incident shall be prosecuted under the criminal laws of this
10State.
11    (b) (i) If before trial or plea an information or
12indictment is filed that does not charge an offense specified
13in paragraph (a) of this subsection (1) the State's Attorney
14may proceed on any lesser charge or charges, but only in
15Juvenile Court under the provisions of this Article. The
16State's Attorney may proceed under the Criminal Code of 1961 on
17a lesser charge if before trial the minor defendant knowingly
18and with advice of counsel waives, in writing, his or her right
19to have the matter proceed in Juvenile Court.
20    (ii) If before trial or plea an information or indictment
21is filed that includes one or more charges specified in
22paragraph (a) of this subsection (1) and additional charges
23that are not specified in that paragraph, all of the charges
24arising out of the same incident shall be prosecuted under the
25Criminal Code of 1961.
26    (c) (i) If after trial or plea the minor is convicted of

 

 

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1any offense covered by paragraph (a) of this subsection (1),
2then, in sentencing the minor, the court shall have available
3any or all dispositions prescribed for that offense under
4Chapter V of the Unified Code of Corrections.
5    (ii) If after trial or plea the court finds that the minor
6committed an offense not covered by paragraph (a) of this
7subsection (1), that finding shall not invalidate the verdict
8or the prosecution of the minor under the criminal laws of the
9State; however, unless the State requests a hearing for the
10purpose of sentencing the minor under Chapter V of the Unified
11Code of Corrections, the Court must proceed under Sections
125-705 and 5-710 of this Article. To request a hearing, the
13State must file a written motion within 10 days following the
14entry of a finding or the return of a verdict. Reasonable
15notice of the motion shall be given to the minor or his or her
16counsel. If the motion is made by the State, the court shall
17conduct a hearing to determine if the minor should be sentenced
18under Chapter V of the Unified Code of Corrections. In making
19its determination, the court shall consider among other
20matters: (a) whether there is evidence that the offense was
21committed in an aggressive and premeditated manner; (b) the age
22of the minor; (c) the previous history of the minor; (d)
23whether there are facilities particularly available to the
24Juvenile Court or the Department of Juvenile Justice for the
25treatment and rehabilitation of the minor; (e) whether the
26security of the public requires sentencing under Chapter V of

 

 

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1the Unified Code of Corrections; and (f) whether the minor
2possessed a deadly weapon when committing the offense. The
3rules of evidence shall be the same as if at trial. If after
4the hearing the court finds that the minor should be sentenced
5under Chapter V of the Unified Code of Corrections, then the
6court shall sentence the minor accordingly having available to
7it any or all dispositions so prescribed.
8    (2) (Blank).
9    (3) (a) The definition of delinquent minor under Section
105-120 of this Article shall not apply to any minor who at the
11time of the offense was at least 15 years of age and who is
12charged with a violation of the provisions of paragraph (1),
13(3), (4), or (10) of subsection (a) of Section 24-1 of the
14Criminal Code of 1961 while in school, regardless of the time
15of day or the time of year, or on the real property comprising
16any school, regardless of the time of day or the time of year.
17School is defined, for purposes of this Section as any public
18or private elementary or secondary school, community college,
19college, or university. These charges and all other charges
20arising out of the same incident shall be prosecuted under the
21criminal laws of this State.
22    (b) (i) If before trial or plea an information or
23indictment is filed that does not charge an offense specified
24in paragraph (a) of this subsection (3) the State's Attorney
25may proceed on any lesser charge or charges, but only in
26Juvenile Court under the provisions of this Article. The

 

 

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1State's Attorney may proceed under the criminal laws of this
2State on a lesser charge if before trial the minor defendant
3knowingly and with advice of counsel waives, in writing, his or
4her right to have the matter proceed in Juvenile Court.
5    (ii) If before trial or plea an information or indictment
6is filed that includes one or more charges specified in
7paragraph (a) of this subsection (3) and additional charges
8that are not specified in that paragraph, all of the charges
9arising out of the same incident shall be prosecuted under the
10criminal laws of this State.
11    (c) (i) If after trial or plea the minor is convicted of
12any offense covered by paragraph (a) of this subsection (3),
13then, in sentencing the minor, the court shall have available
14any or all dispositions prescribed for that offense under
15Chapter V of the Unified Code of Corrections.
16    (ii) If after trial or plea the court finds that the minor
17committed an offense not covered by paragraph (a) of this
18subsection (3), that finding shall not invalidate the verdict
19or the prosecution of the minor under the criminal laws of the
20State; however, unless the State requests a hearing for the
21purpose of sentencing the minor under Chapter V of the Unified
22Code of Corrections, the Court must proceed under Sections
235-705 and 5-710 of this Article. To request a hearing, the
24State must file a written motion within 10 days following the
25entry of a finding or the return of a verdict. Reasonable
26notice of the motion shall be given to the minor or his or her

 

 

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1counsel. If the motion is made by the State, the court shall
2conduct a hearing to determine if the minor should be sentenced
3under Chapter V of the Unified Code of Corrections. In making
4its determination, the court shall consider among other
5matters: (a) whether there is evidence that the offense was
6committed in an aggressive and premeditated manner; (b) the age
7of the minor; (c) the previous history of the minor; (d)
8whether there are facilities particularly available to the
9Juvenile Court or the Department of Juvenile Justice for the
10treatment and rehabilitation of the minor; (e) whether the
11security of the public requires sentencing under Chapter V of
12the Unified Code of Corrections; and (f) whether the minor
13possessed a deadly weapon when committing the offense. The
14rules of evidence shall be the same as if at trial. If after
15the hearing the court finds that the minor should be sentenced
16under Chapter V of the Unified Code of Corrections, then the
17court shall sentence the minor accordingly having available to
18it any or all dispositions so prescribed.
19    (4) (a) The definition of delinquent minor under Section
205-120 of this Article shall not apply to any minor who at the
21time of an offense was at least 13 years of age and who is
22charged with first degree murder committed during the course of
23either aggravated criminal sexual assault, criminal sexual
24assault, or aggravated kidnaping. However, this subsection (4)
25does not include a minor charged with first degree murder based
26exclusively upon the accountability provisions of the Criminal

 

 

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1Code of 1961.
2    (b) (i) If before trial or plea an information or
3indictment is filed that does not charge first degree murder
4committed during the course of aggravated criminal sexual
5assault, criminal sexual assault, or aggravated kidnaping, the
6State's Attorney may proceed on any lesser charge or charges,
7but only in Juvenile Court under the provisions of this
8Article. The State's Attorney may proceed under the criminal
9laws of this State on a lesser charge if before trial the minor
10defendant knowingly and with advice of counsel waives, in
11writing, his or her right to have the matter proceed in
12Juvenile Court.
13    (ii) If before trial or plea an information or indictment
14is filed that includes first degree murder committed during the
15course of aggravated criminal sexual assault, criminal sexual
16assault, or aggravated kidnaping, and additional charges that
17are not specified in paragraph (a) of this subsection, all of
18the charges arising out of the same incident shall be
19prosecuted under the criminal laws of this State.
20    (c) (i) If after trial or plea the minor is convicted of
21first degree murder committed during the course of aggravated
22criminal sexual assault, criminal sexual assault, or
23aggravated kidnaping, in sentencing the minor, the court shall
24have available any or all dispositions prescribed for that
25offense under Chapter V of the Unified Code of Corrections.
26    (ii) If the minor was not yet 15 years of age at the time of

 

 

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1the offense, and if after trial or plea the court finds that
2the minor committed an offense other than first degree murder
3committed during the course of either aggravated criminal
4sexual assault, criminal sexual assault, or aggravated
5kidnapping, the finding shall not invalidate the verdict or the
6prosecution of the minor under the criminal laws of the State;
7however, unless the State requests a hearing for the purpose of
8sentencing the minor under Chapter V of the Unified Code of
9Corrections, the Court must proceed under Sections 5-705 and
105-710 of this Article. To request a hearing, the State must
11file a written motion within 10 days following the entry of a
12finding or the return of a verdict. Reasonable notice of the
13motion shall be given to the minor or his or her counsel. If
14the motion is made by the State, the court shall conduct a
15hearing to determine whether the minor should be sentenced
16under Chapter V of the Unified Code of Corrections. In making
17its determination, the court shall consider among other
18matters: (a) whether there is evidence that the offense was
19committed in an aggressive and premeditated manner; (b) the age
20of the minor; (c) the previous delinquent history of the minor;
21(d) whether there are facilities particularly available to the
22Juvenile Court or the Department of Juvenile Justice for the
23treatment and rehabilitation of the minor; (e) whether the best
24interest of the minor and the security of the public require
25sentencing under Chapter V of the Unified Code of Corrections;
26and (f) whether the minor possessed a deadly weapon when

 

 

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1committing the offense. The rules of evidence shall be the same
2as if at trial. If after the hearing the court finds that the
3minor should be sentenced under Chapter V of the Unified Code
4of Corrections, then the court shall sentence the minor
5accordingly having available to it any or all dispositions so
6prescribed.
7    (5) (a) The definition of delinquent minor under Section
85-120 of this Article shall not apply to any minor who is
9charged with a violation of subsection (a) of Section 31-6 or
10Section 32-10 of the Criminal Code of 1961 when the minor is
11subject to prosecution under the criminal laws of this State as
12a result of the application of the provisions of Section 5-125,
13or subsection (1) or (2) of this Section. These charges and all
14other charges arising out of the same incident shall be
15prosecuted under the criminal laws of this State.
16    (b) (i) If before trial or plea an information or
17indictment is filed that does not charge an offense specified
18in paragraph (a) of this subsection (5), the State's Attorney
19may proceed on any lesser charge or charges, but only in
20Juvenile Court under the provisions of this Article. The
21State's Attorney may proceed under the criminal laws of this
22State on a lesser charge if before trial the minor defendant
23knowingly and with advice of counsel waives, in writing, his or
24her right to have the matter proceed in Juvenile Court.
25    (ii) If before trial or plea an information or indictment
26is filed that includes one or more charges specified in

 

 

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1paragraph (a) of this subsection (5) and additional charges
2that are not specified in that paragraph, all of the charges
3arising out of the same incident shall be prosecuted under the
4criminal laws of this State.
5    (c) (i) If after trial or plea the minor is convicted of
6any offense covered by paragraph (a) of this subsection (5),
7then, in sentencing the minor, the court shall have available
8any or all dispositions prescribed for that offense under
9Chapter V of the Unified Code of Corrections.
10    (ii) If after trial or plea the court finds that the minor
11committed an offense not covered by paragraph (a) of this
12subsection (5), the conviction shall not invalidate the verdict
13or the prosecution of the minor under the criminal laws of this
14State; however, unless the State requests a hearing for the
15purpose of sentencing the minor under Chapter V of the Unified
16Code of Corrections, the Court must proceed under Sections
175-705 and 5-710 of this Article. To request a hearing, the
18State must file a written motion within 10 days following the
19entry of a finding or the return of a verdict. Reasonable
20notice of the motion shall be given to the minor or his or her
21counsel. If the motion is made by the State, the court shall
22conduct a hearing to determine if whether the minor should be
23sentenced under Chapter V of the Unified Code of Corrections.
24In making its determination, the court shall consider among
25other matters: (a) whether there is evidence that the offense
26was committed in an aggressive and premeditated manner; (b) the

 

 

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1age of the minor; (c) the previous delinquent history of the
2minor; (d) whether there are facilities particularly available
3to the Juvenile Court or the Department of Juvenile Justice for
4the treatment and rehabilitation of the minor; (e) whether the
5security of the public requires sentencing under Chapter V of
6the Unified Code of Corrections; and (f) whether the minor
7possessed a deadly weapon when committing the offense. The
8rules of evidence shall be the same as if at trial. If after
9the hearing the court finds that the minor should be sentenced
10under Chapter V of the Unified Code of Corrections, then the
11court shall sentence the minor accordingly having available to
12it any or all dispositions so prescribed.
13    (6) The definition of delinquent minor under Section 5-120
14of this Article shall not apply to any minor who, pursuant to
15subsection (1) or (3) or Section 5-805 or 5-810, has previously
16been placed under the jurisdiction of the criminal court and
17has been convicted of a crime under an adult criminal or penal
18statute. Such a minor shall be subject to prosecution under the
19criminal laws of this State.
20    (7) The procedures set out in this Article for the
21investigation, arrest and prosecution of juvenile offenders
22shall not apply to minors who are excluded from jurisdiction of
23the Juvenile Court, except that minors under 17 years of age
24shall be kept separate from confined adults.
25    (8) Nothing in this Act prohibits or limits the prosecution
26of any minor for an offense committed on or after his or her

 

 

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117th birthday even though he or she is at the time of the
2offense a ward of the court.
3    (9) If an original petition for adjudication of wardship
4alleges the commission by a minor 13 years of age or over of an
5act that constitutes a crime under the laws of this State, the
6minor, with the consent of his or her counsel, may, at any time
7before commencement of the adjudicatory hearing, file with the
8court a motion that criminal prosecution be ordered and that
9the petition be dismissed insofar as the act or acts involved
10in the criminal proceedings are concerned. If such a motion is
11filed as herein provided, the court shall enter its order
12accordingly.
13    (10) If, prior to August 12, 2005 (the effective date of
14Public Act 94-574), a minor is charged with a violation of
15Section 401 of the Illinois Controlled Substances Act under the
16criminal laws of this State, other than a minor charged with a
17Class X felony violation of the Illinois Controlled Substances
18Act or the Methamphetamine Control and Community Protection
19Act, any party including the minor or the court sua sponte may,
20before trial, move for a hearing for the purpose of trying and
21sentencing the minor as a delinquent minor. To request a
22hearing, the party must file a motion prior to trial.
23Reasonable notice of the motion shall be given to all parties.
24On its own motion or upon the filing of a motion by one of the
25parties including the minor, the court shall conduct a hearing
26to determine whether the minor should be tried and sentenced as

 

 

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1a delinquent minor under this Article. In making its
2determination, the court shall consider among other matters:
3    (a) The age of the minor;
4    (b) Any previous delinquent or criminal history of the
5minor;
6    (c) Any previous abuse or neglect history of the minor;
7    (d) Any mental health or educational history of the minor,
8or both; and
9    (e) Whether there is probable cause to support the charge,
10whether the minor is charged through accountability, and
11whether there is evidence the minor possessed a deadly weapon
12or caused serious bodily harm during the offense.
13    Any material that is relevant and reliable shall be
14admissible at the hearing. In all cases, the judge shall enter
15an order permitting prosecution under the criminal laws of
16Illinois unless the judge makes a finding based on a
17preponderance of the evidence that the minor would be amenable
18to the care, treatment, and training programs available through
19the facilities of the juvenile court based on an evaluation of
20the factors listed in this subsection (10).
21(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05;
2294-696, eff. 6-1-06.)
 
23    (705 ILCS 405/5-410)
24    Sec. 5-410. Non-secure custody or detention.
25    (1) Any minor arrested or taken into custody pursuant to

 

 

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1this Act who requires care away from his or her home but who
2does not require physical restriction shall be given temporary
3care in a foster family home or other shelter facility
4designated by the court.
5    (2) (a) Any minor 10 years of age or older arrested
6pursuant to this Act where there is probable cause to believe
7that the minor is a delinquent minor and that (i) secured
8custody is a matter of immediate and urgent necessity for the
9protection of the minor or of the person or property of
10another, (ii) the minor is likely to flee the jurisdiction of
11the court, or (iii) the minor was taken into custody under a
12warrant, may be kept or detained in an authorized detention
13facility. No minor under 12 years of age shall be detained in a
14county jail or a municipal lockup for more than 6 hours.
15    (b) The written authorization of the probation officer or
16detention officer (or other public officer designated by the
17court in a county having 3,000,000 or more inhabitants)
18constitutes authority for the superintendent of any juvenile
19detention home to detain and keep a minor for up to 40 hours,
20excluding Saturdays, Sundays and court-designated holidays.
21These records shall be available to the same persons and
22pursuant to the same conditions as are law enforcement records
23as provided in Section 5-905.
24    (b-4) The consultation required by subsection (b-5) shall
25not be applicable if the probation officer or detention officer
26(or other public officer designated by the court in a county

 

 

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1having 3,000,000 or more inhabitants) utilizes a scorable
2detention screening instrument, which has been developed with
3input by the State's Attorney, to determine whether a minor
4should be detained, however, subsection (b-5) shall still be
5applicable where no such screening instrument is used or where
6the probation officer, detention officer (or other public
7officer designated by the court in a county having 3,000,000 or
8more inhabitants) deviates from the screening instrument.
9    (b-5) Subject to the provisions of subsection (b-4), if a
10probation officer or detention officer (or other public officer
11designated by the court in a county having 3,000,000 or more
12inhabitants) does not intend to detain a minor for an offense
13which constitutes one of the following offenses he or she shall
14consult with the State's Attorney's Office prior to the release
15of the minor: first degree murder, second degree murder,
16involuntary manslaughter, criminal sexual assault, aggravated
17criminal sexual assault, aggravated battery with a firearm as
18described in Section 12-4.2 or subdivision (e)(1), (e)(2),
19(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
20battery involving permanent disability or disfigurement or
21great bodily harm, robbery, aggravated robbery, armed robbery,
22vehicular hijacking, aggravated vehicular hijacking, vehicular
23invasion, arson, aggravated arson, kidnapping, aggravated
24kidnapping, home invasion, burglary, or residential burglary.
25    (c) Except as otherwise provided in paragraph (a), (d), or
26(e), no minor shall be detained in a county jail or municipal

 

 

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1lockup for more than 12 hours, unless the offense is a crime of
2violence in which case the minor may be detained up to 24
3hours. For the purpose of this paragraph, "crime of violence"
4has the meaning ascribed to it in Section 1-10 of the
5Alcoholism and Other Drug Abuse and Dependency Act.
6        (i) The period of detention is deemed to have begun
7    once the minor has been placed in a locked room or cell or
8    handcuffed to a stationary object in a building housing a
9    county jail or municipal lockup. Time spent transporting a
10    minor is not considered to be time in detention or secure
11    custody.
12        (ii) Any minor so confined shall be under periodic
13    supervision and shall not be permitted to come into or
14    remain in contact with adults in custody in the building.
15        (iii) Upon placement in secure custody in a jail or
16    lockup, the minor shall be informed of the purpose of the
17    detention, the time it is expected to last and the fact
18    that it cannot exceed the time specified under this Act.
19        (iv) A log shall be kept which shows the offense which
20    is the basis for the detention, the reasons and
21    circumstances for the decision to detain and the length of
22    time the minor was in detention.
23        (v) Violation of the time limit on detention in a
24    county jail or municipal lockup shall not, in and of
25    itself, render inadmissible evidence obtained as a result
26    of the violation of this time limit. Minors under 17 years

 

 

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1    of age shall be kept separate from confined adults and may
2    not at any time be kept in the same cell, room or yard with
3    adults confined pursuant to criminal law. Persons 17 years
4    of age and older who have a petition of delinquency filed
5    against them may be confined in an adult detention
6    facility. In making a determination whether to confine a
7    person 17 years of age or older who has a petition of
8    delinquency filed against the person, these factors, among
9    other matters, shall be considered:
10            (A) The age of the person;
11            (B) Any previous delinquent or criminal history of
12        the person;
13            (C) Any previous abuse or neglect history of the
14        person; and
15            (D) Any mental health or educational history of the
16        person, or both.
17    (d) (i) If a minor 12 years of age or older is confined in a
18county jail in a county with a population below 3,000,000
19inhabitants, then the minor's confinement shall be implemented
20in such a manner that there will be no contact by sight, sound
21or otherwise between the minor and adult prisoners. Minors 12
22years of age or older must be kept separate from confined
23adults and may not at any time be kept in the same cell, room,
24or yard with confined adults. This paragraph (d)(i) shall only
25apply to confinement pending an adjudicatory hearing and shall
26not exceed 40 hours, excluding Saturdays, Sundays and court

 

 

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1designated holidays. To accept or hold minors during this time
2period, county jails shall comply with all monitoring standards
3promulgated by the Department of Corrections and training
4standards approved by the Illinois Law Enforcement Training
5Standards Board.
6    (ii) To accept or hold minors, 12 years of age or older,
7after the time period prescribed in paragraph (d)(i) of this
8subsection (2) of this Section but not exceeding 7 days
9including Saturdays, Sundays and holidays pending an
10adjudicatory hearing, county jails shall comply with all
11temporary detention standards promulgated by the Department of
12Corrections and training standards approved by the Illinois Law
13Enforcement Training Standards Board.
14    (iii) To accept or hold minors 12 years of age or older,
15after the time period prescribed in paragraphs (d)(i) and
16(d)(ii) of this subsection (2) of this Section, county jails
17shall comply with all programmatic and training standards for
18juvenile detention homes promulgated by the Department of
19Corrections.
20    (e) When a minor who is at least 15 years of age is
21prosecuted under the criminal laws of this State, the court may
22enter an order directing that the juvenile be confined in the
23county jail. However, any juvenile confined in the county jail
24under this provision shall be separated from adults who are
25confined in the county jail in such a manner that there will be
26no contact by sight, sound or otherwise between the juvenile

 

 

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1and adult prisoners.
2    (f) For purposes of appearing in a physical lineup, the
3minor may be taken to a county jail or municipal lockup under
4the direct and constant supervision of a juvenile police
5officer. During such time as is necessary to conduct a lineup,
6and while supervised by a juvenile police officer, the sight
7and sound separation provisions shall not apply.
8    (g) For purposes of processing a minor, the minor may be
9taken to a County Jail or municipal lockup under the direct and
10constant supervision of a law enforcement officer or
11correctional officer. During such time as is necessary to
12process the minor, and while supervised by a law enforcement
13officer or correctional officer, the sight and sound separation
14provisions shall not apply.
15    (3) If the probation officer or State's Attorney (or such
16other public officer designated by the court in a county having
173,000,000 or more inhabitants) determines that the minor may be
18a delinquent minor as described in subsection (3) of Section
195-105, and should be retained in custody but does not require
20physical restriction, the minor may be placed in non-secure
21custody for up to 40 hours pending a detention hearing.
22    (4) Any minor taken into temporary custody, not requiring
23secure detention, may, however, be detained in the home of his
24or her parent or guardian subject to such conditions as the
25court may impose.
26(Source: P.A. 93-255, eff. 1-1-04.)
 

 

 

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1    (705 ILCS 405/5-730)
2    Sec. 5-730. Order of protection.
3    (1) The court may make an order of protection in assistance
4of or as a condition of any other order authorized by this Act.
5The order of protection may set forth reasonable conditions of
6behavior to be observed for a specified period. The order may
7require a person:
8        (a) to stay away from the home or the minor;
9        (b) to permit a parent to visit the minor at stated
10    periods;
11        (c) to abstain from offensive conduct against the
12    minor, his or her parent or any person to whom custody of
13    the minor is awarded;
14        (d) to give proper attention to the care of the home;
15        (e) to cooperate in good faith with an agency to which
16    custody of a minor is entrusted by the court or with an
17    agency or association to which the minor is referred by the
18    court;
19        (f) to prohibit and prevent any contact whatsoever with
20    the respondent minor by a specified individual or
21    individuals who are alleged in either a criminal or
22    juvenile proceeding to have caused injury to a respondent
23    minor or a sibling of a respondent minor;
24        (g) to refrain from acts of commission or omission that
25    tend to make the home not a proper place for the minor.

 

 

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1    (2) The court shall enter an order of protection to
2prohibit and prevent any contact between a respondent minor or
3a sibling of a respondent minor and any person named in a
4petition seeking an order of protection who has been convicted
5of heinous battery under Section 12-4.1 or aggravated battery
6under subdivision (a)(2) of Section 12-3.05, aggravated
7battery of a child under Section 12-4.3 or aggravated battery
8under subdivision (b)(1) of Section 12-3.05, criminal sexual
9assault under Section 12-13, aggravated criminal sexual
10assault under Section 12-14, predatory criminal sexual assault
11of a child under Section 12-14.1, criminal sexual abuse under
12Section 12-15, or aggravated criminal sexual abuse under
13Section 12-16 of the Criminal Code of 1961, or has been
14convicted of an offense that resulted in the death of a child,
15or has violated a previous order of protection under this
16Section.
17    (3) When the court issues an order of protection against
18any person as provided by this Section, the court shall direct
19a copy of such order to the sheriff of that county. The sheriff
20shall furnish a copy of the order of protection to the
21Department of State Police within 24 hours of receipt, in the
22form and manner required by the Department. The Department of
23State Police shall maintain a complete record and index of the
24orders of protection and make this data available to all local
25law enforcement agencies.
26    (4) After notice and opportunity for hearing afforded to a

 

 

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1person subject to an order of protection, the order may be
2modified or extended for a further specified period or both or
3may be terminated if the court finds that the best interests of
4the minor and the public will be served by the modification,
5extension, or termination.
6    (5) An order of protection may be sought at any time during
7the course of any proceeding conducted under this Act. Any
8person against whom an order of protection is sought may retain
9counsel to represent him or her at a hearing, and has rights to
10be present at the hearing, to be informed prior to the hearing
11in writing of the contents of the petition seeking a protective
12order and of the date, place, and time of the hearing, and to
13cross-examine witnesses called by the petitioner and to present
14witnesses and argument in opposition to the relief sought in
15the petition.
16    (6) Diligent efforts shall be made by the petitioner to
17serve any person or persons against whom any order of
18protection is sought with written notice of the contents of the
19petition seeking a protective order and of the date, place and
20time at which the hearing on the petition is to be held. When a
21protective order is being sought in conjunction with a shelter
22care or detention hearing, if the court finds that the person
23against whom the protective order is being sought has been
24notified of the hearing or that diligent efforts have been made
25to notify the person, the court may conduct a hearing. If a
26protective order is sought at any time other than in

 

 

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1conjunction with a shelter care or detention hearing, the court
2may not conduct a hearing on the petition in the absence of the
3person against whom the order is sought unless the petitioner
4has notified the person by personal service at least 3 days
5before the hearing or has sent written notice by first class
6mail to the person's last known address at least 5 days before
7the hearing.
8    (7) A person against whom an order of protection is being
9sought who is neither a parent, guardian, or legal custodian or
10responsible relative as described in Section 1-5 of this Act or
11is not a party or respondent as defined in that Section shall
12not be entitled to the rights provided in that Section. The
13person does not have a right to appointed counsel or to be
14present at any hearing other than the hearing in which the
15order of protection is being sought or a hearing directly
16pertaining to that order. Unless the court orders otherwise,
17the person does not have a right to inspect the court file.
18    (8) All protective orders entered under this Section shall
19be in writing. Unless the person against whom the order was
20obtained was present in court when the order was issued, the
21sheriff, other law enforcement official, or special process
22server shall promptly serve that order upon that person and
23file proof of that service, in the manner provided for service
24of process in civil proceedings. The person against whom the
25protective order was obtained may seek a modification of the
26order by filing a written motion to modify the order within 7

 

 

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1days after actual receipt by the person of a copy of the order.
2(Source: P.A. 90-590, eff. 1-1-99.)
 
3    Section 960. The Criminal Code of 1961 is amended by
4changing Sections 2-10.1, 24-1.7, 33A-2, 33A-3, and 36-1 as
5follows:
 
6    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
7    Sec. 2-10.1. "Severely or profoundly mentally retarded
8person" means a person (i) whose intelligence quotient does not
9exceed 40 or (ii) whose intelligence quotient does not exceed
1055 and who suffers from significant mental illness to the
11extent that the person's ability to exercise rational judgment
12is impaired. In any proceeding in which the defendant is
13charged with committing a violation of Section 10-2, 10-5,
1411-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16, or
15subdivision (b)(1) of Section 12-3.05, of this Code against a
16victim who is alleged to be a severely or profoundly mentally
17retarded person, any findings concerning the victim's status as
18a severely or profoundly mentally retarded person, made by a
19court after a judicial admission hearing concerning the victim
20under Articles V and VI of Chapter 4 of the Mental Health and
21Developmental Disabilities Code shall be admissible.
22(Source: P.A. 92-434, eff. 1-1-02.)
 
23    (720 ILCS 5/24-1.7)

 

 

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1    Sec. 24-1.7. Armed habitual criminal.
2    (a) A person commits the offense of being an armed habitual
3criminal if he or she receives, sells, possesses, or transfers
4any firearm after having been convicted a total of 2 or more
5times of any combination of the following offenses:
6        (1) a forcible felony as defined in Section 2-8 of this
7    Code;
8        (2) unlawful use of a weapon by a felon; aggravated
9    unlawful use of a weapon; aggravated discharge of a
10    firearm; vehicular hijacking; aggravated vehicular
11    hijacking; aggravated battery of a child as described in
12    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
13    intimidation; aggravated intimidation; gunrunning; home
14    invasion; or aggravated battery with a firearm as described
15    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
16    (e)(4) of Section 12-3.05; or
17        (3) any violation of the Illinois Controlled
18    Substances Act or the Cannabis Control Act that is
19    punishable as a Class 3 felony or higher.
20    (b) Sentence. Being an armed habitual criminal is a Class X
21felony.
22(Source: P.A. 94-398, eff. 8-2-05.)
 
23    (720 ILCS 5/33A-2)  (from Ch. 38, par. 33A-2)
24    Sec. 33A-2. Armed violence-Elements of the offense.
25    (a) A person commits armed violence when, while armed with

 

 

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1a dangerous weapon, he commits any felony defined by Illinois
2Law, except first degree murder, attempted first degree murder,
3intentional homicide of an unborn child, second degree murder,
4involuntary manslaughter, reckless homicide, predatory
5criminal sexual assault of a child, aggravated battery of a
6child as described in Section 12-4.3 or subdivision (b)(1) of
7Section 12-3.05, home invasion, or any offense that makes the
8possession or use of a dangerous weapon either an element of
9the base offense, an aggravated or enhanced version of the
10offense, or a mandatory sentencing factor that increases the
11sentencing range.
12    (b) A person commits armed violence when he or she
13personally discharges a firearm that is a Category I or
14Category II weapon while committing any felony defined by
15Illinois law, except first degree murder, attempted first
16degree murder, intentional homicide of an unborn child, second
17degree murder, involuntary manslaughter, reckless homicide,
18predatory criminal sexual assault of a child, aggravated
19battery of a child as described in Section 12-4.3 or
20subdivision (b)(1) of Section 12-3.05, home invasion, or any
21offense that makes the possession or use of a dangerous weapon
22either an element of the base offense, an aggravated or
23enhanced version of the offense, or a mandatory sentencing
24factor that increases the sentencing range.
25    (c) A person commits armed violence when he or she
26personally discharges a firearm that is a Category I or

 

 

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1Category II weapon that proximately causes great bodily harm,
2permanent disability, or permanent disfigurement or death to
3another person while committing any felony defined by Illinois
4law, except first degree murder, attempted first degree murder,
5intentional homicide of an unborn child, second degree murder,
6involuntary manslaughter, reckless homicide, predatory
7criminal sexual assault of a child, aggravated battery of a
8child as described in Section 12-4.3 or subdivision (b)(1) of
9Section 12-3.05, home invasion, or any offense that makes the
10possession or use of a dangerous weapon either an element of
11the base offense, an aggravated or enhanced version of the
12offense, or a mandatory sentencing factor that increases the
13sentencing range.
14    (d) This Section does not apply to violations of the Fish
15and Aquatic Life Code or the Wildlife Code.
16(Source: P.A. 95-688, eff. 10-23-07.)
 
17    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)
18    Sec. 33A-3. Sentence.
19    (a) Violation of Section 33A-2(a) with a Category I weapon
20is a Class X felony for which the defendant shall be sentenced
21to a minimum term of imprisonment of 15 years.
22    (a-5) Violation of Section 33A-2(a) with a Category II
23weapon is a Class X felony for which the defendant shall be
24sentenced to a minimum term of imprisonment of 10 years.
25    (b) Violation of Section 33A-2(a) with a Category III

 

 

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1weapon is a Class 2 felony or the felony classification
2provided for the same act while unarmed, whichever permits the
3greater penalty. A second or subsequent violation of Section
433A-2(a) with a Category III weapon is a Class 1 felony or the
5felony classification provided for the same act while unarmed,
6whichever permits the greater penalty.
7    (b-5) Violation of Section 33A-2(b) with a firearm that is
8a Category I or Category II weapon is a Class X felony for
9which the defendant shall be sentenced to a minimum term of
10imprisonment of 20 years.
11    (b-10) Violation of Section 33A-2(c) with a firearm that is
12a Category I or Category II weapon is a Class X felony for
13which the defendant shall be sentenced to a term of
14imprisonment of not less than 25 years nor more than 40 years.
15    (c) Unless sentencing under subsection (a) of Section
165-4.5-95 of the Unified Code of Corrections (730 ILCS
175/5-4.5-95) is applicable, any person who violates subsection
18(a) or (b) of Section 33A-2 with a firearm, when that person
19has been convicted in any state or federal court of 3 or more
20of the following offenses: treason, first degree murder, second
21degree murder, predatory criminal sexual assault of a child,
22aggravated criminal sexual assault, criminal sexual assault,
23robbery, burglary, arson, kidnaping, aggravated battery
24resulting in great bodily harm or permanent disability or
25disfigurement, a violation of the Methamphetamine Control and
26Community Protection Act, or a violation of Section 401(a) of

 

 

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1the Illinois Controlled Substances Act, when the third offense
2was committed after conviction on the second, the second
3offense was committed after conviction on the first, and the
4violation of Section 33A-2 was committed after conviction on
5the third, shall be sentenced to a term of imprisonment of not
6less than 25 years nor more than 50 years.
7    (c-5) Except as otherwise provided in paragraph (b-10) or
8(c) of this Section, a person who violates Section 33A-2(a)
9with a firearm that is a Category I weapon or Section 33A-2(b)
10in any school, in any conveyance owned, leased, or contracted
11by a school to transport students to or from school or a school
12related activity, or on the real property comprising any school
13or public park, and where the offense was related to the
14activities of an organized gang, shall be sentenced to a term
15of imprisonment of not less than the term set forth in
16subsection (a) or (b-5) of this Section, whichever is
17applicable, and not more than 30 years. For the purposes of
18this subsection (c-5), "organized gang" has the meaning
19ascribed to it in Section 10 of the Illinois Streetgang
20Terrorism Omnibus Prevention Act.
21    (d) For armed violence based upon a predicate offense
22listed in this subsection (d) the court shall enter the
23sentence for armed violence to run consecutively to the
24sentence imposed for the predicate offense. The offenses
25covered by this provision are:
26        (i) solicitation of murder,

 

 

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1        (ii) solicitation of murder for hire,
2        (iii) heinous battery as described in Section 12-4.1 or
3    subdivision (a)(2) of Section 12-3.05,
4        (iv) aggravated battery of a senior citizen as
5    described in Section 12-4.6 or subdivision (a)(4) of
6    Section 12-3.05,
7        (v) (blank),
8        (vi) a violation of subsection (g) of Section 5 of the
9    Cannabis Control Act,
10        (vii) cannabis trafficking,
11        (viii) a violation of subsection (a) of Section 401 of
12    the Illinois Controlled Substances Act,
13        (ix) controlled substance trafficking involving a
14    Class X felony amount of controlled substance under Section
15    401 of the Illinois Controlled Substances Act,
16        (x) calculated criminal drug conspiracy,
17        (xi) streetgang criminal drug conspiracy, or
18        (xii) a violation of the Methamphetamine Control and
19    Community Protection Act.
20(Source: P.A. 94-556, eff. 9-11-05; 95-688, eff. 10-23-07;
2195-1052, eff. 7-1-09.)
 
22    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
23    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
24with the knowledge and consent of the owner in the commission
25of, or in the attempt to commit as defined in Section 8-4 of

 

 

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1this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
211-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
312-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
4the theft is of precious metal or of scrap metal, 18-2, 19-1,
519-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or
629D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4),
7(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
8(e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of
9this Code, paragraph (a) of Section 12-15 or paragraphs (a),
10(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
11or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23,
1224 or 26 of the Cigarette Tax Act if the vessel, vehicle or
13aircraft contains more than 10 cartons of such cigarettes; (c)
14Section 28, 29 or 30 of the Cigarette Use Tax Act if the
15vessel, vehicle or aircraft contains more than 10 cartons of
16such cigarettes; (d) Section 44 of the Environmental Protection
17Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
18under the influence of alcohol or other drug or drugs,
19intoxicating compound or compounds or any combination thereof
20under Section 11-501 of the Illinois Vehicle Code during a
21period in which his or her driving privileges are revoked or
22suspended where the revocation or suspension was for driving
23under the influence of alcohol or other drug or drugs,
24intoxicating compound or compounds or any combination thereof,
25Section 11-501.1, paragraph (b) of Section 11-401, or for
26reckless homicide as defined in Section 9-3 of the Criminal

 

 

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1Code of 1961; (2) driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof and has been previously convicted of
4reckless homicide or a similar provision of a law of another
5state relating to reckless homicide in which the person was
6determined to have been under the influence of alcohol, other
7drug or drugs, or intoxicating compound or compounds as an
8element of the offense or the person has previously been
9convicted of committing a violation of driving under the
10influence of alcohol or other drug or drugs, intoxicating
11compound or compounds or any combination thereof and was
12involved in a motor vehicle accident that resulted in death,
13great bodily harm, or permanent disability or disfigurement to
14another, when the violation was a proximate cause of the death
15or injuries; (3) the person committed a violation of driving
16under the influence of alcohol or other drug or drugs,
17intoxicating compound or compounds or any combination thereof
18under Section 11-501 of the Illinois Vehicle Code or a similar
19provision for the third or subsequent time; (4) the person
20committed the violation while he or she did not possess a
21driver's license or permit or a restricted driving permit or a
22judicial driving permit or a monitoring device driving permit;
23or (5) the person committed the violation while he or she knew
24or should have known that the vehicle he or she was driving was
25not covered by a liability insurance policy, or (d)(1)(I); (g)
26an offense described in subsection (g) of Section 6-303 of the

 

 

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1Illinois Vehicle Code; or (h) an offense described in
2subsection (e) of Section 6-101 of the Illinois Vehicle Code;
3may be seized and delivered forthwith to the sheriff of the
4county of seizure.
5    Within 15 days after such delivery the sheriff shall give
6notice of seizure to each person according to the following
7method: Upon each such person whose right, title or interest is
8of record in the office of the Secretary of State, the
9Secretary of Transportation, the Administrator of the Federal
10Aviation Agency, or any other Department of this State, or any
11other state of the United States if such vessel, vehicle or
12aircraft is required to be so registered, as the case may be,
13by mailing a copy of the notice by certified mail to the
14address as given upon the records of the Secretary of State,
15the Department of Aeronautics, Department of Public Works and
16Buildings or any other Department of this State or the United
17States if such vessel, vehicle or aircraft is required to be so
18registered. Within that 15 day period the sheriff shall also
19notify the State's Attorney of the county of seizure about the
20seizure.
21    In addition, any mobile or portable equipment used in the
22commission of an act which is in violation of Section 7g of the
23Metropolitan Water Reclamation District Act shall be subject to
24seizure and forfeiture under the same procedures provided in
25this Article for the seizure and forfeiture of vessels,
26vehicles and aircraft, and any such equipment shall be deemed a

 

 

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1vessel, vehicle or aircraft for purposes of this Article.
2    When a person discharges a firearm at another individual
3from a vehicle with the knowledge and consent of the owner of
4the vehicle and with the intent to cause death or great bodily
5harm to that individual and as a result causes death or great
6bodily harm to that individual, the vehicle shall be subject to
7seizure and forfeiture under the same procedures provided in
8this Article for the seizure and forfeiture of vehicles used in
9violations of clauses (a), (b), (c), or (d) of this Section.
10    If the spouse of the owner of a vehicle seized for an
11offense described in subsection (g) of Section 6-303 of the
12Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
13(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1411-501 of the Illinois Vehicle Code, or Section 9-3 of this
15Code makes a showing that the seized vehicle is the only source
16of transportation and it is determined that the financial
17hardship to the family as a result of the seizure outweighs the
18benefit to the State from the seizure, the vehicle may be
19forfeited to the spouse or family member and the title to the
20vehicle shall be transferred to the spouse or family member who
21is properly licensed and who requires the use of the vehicle
22for employment or family transportation purposes. A written
23declaration of forfeiture of a vehicle under this Section shall
24be sufficient cause for the title to be transferred to the
25spouse or family member. The provisions of this paragraph shall
26apply only to one forfeiture per vehicle. If the vehicle is the

 

 

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1subject of a subsequent forfeiture proceeding by virtue of a
2subsequent conviction of either spouse or the family member,
3the spouse or family member to whom the vehicle was forfeited
4under the first forfeiture proceeding may not utilize the
5provisions of this paragraph in another forfeiture proceeding.
6If the owner of the vehicle seized owns more than one vehicle,
7the procedure set out in this paragraph may be used for only
8one vehicle.
9    Property declared contraband under Section 40 of the
10Illinois Streetgang Terrorism Omnibus Prevention Act may be
11seized and forfeited under this Article.
12(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
1396-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
141-1-11; revised 9-16-10.)
 
15    Section 965. The Code of Criminal Procedure of 1963 is
16amended by changing Sections 110-5, 110-5.1, 110-6.3, 111-8,
17112A-3, 112A-23, 112A-26, 115-7.3, 115-10, and 115-10.3 as
18follows:
 
19    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
20    Sec. 110-5. Determining the amount of bail and conditions
21of release.
22    (a) In determining the amount of monetary bail or
23conditions of release, if any, which will reasonably assure the
24appearance of a defendant as required or the safety of any

 

 

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1other person or the community and the likelihood of compliance
2by the defendant with all the conditions of bail, the court
3shall, on the basis of available information, take into account
4such matters as the nature and circumstances of the offense
5charged, whether the evidence shows that as part of the offense
6there was a use of violence or threatened use of violence,
7whether the offense involved corruption of public officials or
8employees, whether there was physical harm or threats of
9physical harm to any public official, public employee, judge,
10prosecutor, juror or witness, senior citizen, child or
11handicapped person, whether evidence shows that during the
12offense or during the arrest the defendant possessed or used a
13firearm, machine gun, explosive or metal piercing ammunition or
14explosive bomb device or any military or paramilitary armament,
15whether the evidence shows that the offense committed was
16related to or in furtherance of the criminal activities of an
17organized gang or was motivated by the defendant's membership
18in or allegiance to an organized gang, the condition of the
19victim, any written statement submitted by the victim or
20proffer or representation by the State regarding the impact
21which the alleged criminal conduct has had on the victim and
22the victim's concern, if any, with further contact with the
23defendant if released on bail, whether the offense was based on
24racial, religious, sexual orientation or ethnic hatred, the
25likelihood of the filing of a greater charge, the likelihood of
26conviction, the sentence applicable upon conviction, the

 

 

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1weight of the evidence against such defendant, whether there
2exists motivation or ability to flee, whether there is any
3verification as to prior residence, education, or family ties
4in the local jurisdiction, in another county, state or foreign
5country, the defendant's employment, financial resources,
6character and mental condition, past conduct, prior use of
7alias names or dates of birth, and length of residence in the
8community, the consent of the defendant to periodic drug
9testing in accordance with Section 110-6.5, whether a foreign
10national defendant is lawfully admitted in the United States of
11America, whether the government of the foreign national
12maintains an extradition treaty with the United States by which
13the foreign government will extradite to the United States its
14national for a trial for a crime allegedly committed in the
15United States, whether the defendant is currently subject to
16deportation or exclusion under the immigration laws of the
17United States, whether the defendant, although a United States
18citizen, is considered under the law of any foreign state a
19national of that state for the purposes of extradition or
20non-extradition to the United States, the amount of unrecovered
21proceeds lost as a result of the alleged offense, the source of
22bail funds tendered or sought to be tendered for bail, whether
23from the totality of the court's consideration, the loss of
24funds posted or sought to be posted for bail will not deter the
25defendant from flight, whether the evidence shows that the
26defendant is engaged in significant possession, manufacture,

 

 

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1or delivery of a controlled substance or cannabis, either
2individually or in consort with others, whether at the time of
3the offense charged he was on bond or pre-trial release pending
4trial, probation, periodic imprisonment or conditional
5discharge pursuant to this Code or the comparable Code of any
6other state or federal jurisdiction, whether the defendant is
7on bond or pre-trial release pending the imposition or
8execution of sentence or appeal of sentence for any offense
9under the laws of Illinois or any other state or federal
10jurisdiction, whether the defendant is under parole or
11mandatory supervised release or work release from the Illinois
12Department of Corrections or any penal institution or
13corrections department of any state or federal jurisdiction,
14the defendant's record of convictions, whether the defendant
15has been convicted of a misdemeanor or ordinance offense in
16Illinois or similar offense in other state or federal
17jurisdiction within the 10 years preceding the current charge
18or convicted of a felony in Illinois, whether the defendant was
19convicted of an offense in another state or federal
20jurisdiction that would be a felony if committed in Illinois
21within the 20 years preceding the current charge or has been
22convicted of such felony and released from the penitentiary
23within 20 years preceding the current charge if a penitentiary
24sentence was imposed in Illinois or other state or federal
25jurisdiction, the defendant's records of juvenile adjudication
26of delinquency in any jurisdiction, any record of appearance or

 

 

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1failure to appear by the defendant at court proceedings,
2whether there was flight to avoid arrest or prosecution,
3whether the defendant escaped or attempted to escape to avoid
4arrest, whether the defendant refused to identify himself, or
5whether there was a refusal by the defendant to be
6fingerprinted as required by law. Information used by the court
7in its findings or stated in or offered in connection with this
8Section may be by way of proffer based upon reliable
9information offered by the State or defendant. All evidence
10shall be admissible if it is relevant and reliable regardless
11of whether it would be admissible under the rules of evidence
12applicable at criminal trials. If the State presents evidence
13that the offense committed by the defendant was related to or
14in furtherance of the criminal activities of an organized gang
15or was motivated by the defendant's membership in or allegiance
16to an organized gang, and if the court determines that the
17evidence may be substantiated, the court shall prohibit the
18defendant from associating with other members of the organized
19gang as a condition of bail or release. For the purposes of
20this Section, "organized gang" has the meaning ascribed to it
21in Section 10 of the Illinois Streetgang Terrorism Omnibus
22Prevention Act.
23    (b) The amount of bail shall be:
24        (1) Sufficient to assure compliance with the
25    conditions set forth in the bail bond, which shall include
26    the defendant's current address with a written

 

 

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1    admonishment to the defendant that he or she must comply
2    with the provisions of Section 110-12 regarding any change
3    in his or her address. The defendant's address shall at all
4    times remain a matter of public record with the clerk of
5    the court.
6        (2) Not oppressive.
7        (3) Considerate of the financial ability of the
8    accused.
9        (4) When a person is charged with a drug related
10    offense involving possession or delivery of cannabis or
11    possession or delivery of a controlled substance as defined
12    in the Cannabis Control Act, the Illinois Controlled
13    Substances Act, or the Methamphetamine Control and
14    Community Protection Act, the full street value of the
15    drugs seized shall be considered. "Street value" shall be
16    determined by the court on the basis of a proffer by the
17    State based upon reliable information of a law enforcement
18    official contained in a written report as to the amount
19    seized and such proffer may be used by the court as to the
20    current street value of the smallest unit of the drug
21    seized.
22    (b-5) Upon the filing of a written request demonstrating
23reasonable cause, the State's Attorney may request a source of
24bail hearing either before or after the posting of any funds.
25If the hearing is granted, before the posting of any bail, the
26accused must file a written notice requesting that the court

 

 

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1conduct a source of bail hearing. The notice must be
2accompanied by justifying affidavits stating the legitimate
3and lawful source of funds for bail. At the hearing, the court
4shall inquire into any matters stated in any justifying
5affidavits, and may also inquire into matters appropriate to
6the determination which shall include, but are not limited to,
7the following:
8        (1) the background, character, reputation, and
9    relationship to the accused of any surety; and
10        (2) the source of any money or property deposited by
11    any surety, and whether any such money or property
12    constitutes the fruits of criminal or unlawful conduct; and
13        (3) the source of any money posted as cash bail, and
14    whether any such money constitutes the fruits of criminal
15    or unlawful conduct; and
16        (4) the background, character, reputation, and
17    relationship to the accused of the person posting cash
18    bail.
19    Upon setting the hearing, the court shall examine, under
20oath, any persons who may possess material information.
21    The State's Attorney has a right to attend the hearing, to
22call witnesses and to examine any witness in the proceeding.
23The court shall, upon request of the State's Attorney, continue
24the proceedings for a reasonable period to allow the State's
25Attorney to investigate the matter raised in any testimony or
26affidavit. If the hearing is granted after the accused has

 

 

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1posted bail, the court shall conduct a hearing consistent with
2this subsection (b-5). At the conclusion of the hearing, the
3court must issue an order either approving of disapproving the
4bail.
5    (c) When a person is charged with an offense punishable by
6fine only the amount of the bail shall not exceed double the
7amount of the maximum penalty.
8    (d) When a person has been convicted of an offense and only
9a fine has been imposed the amount of the bail shall not exceed
10double the amount of the fine.
11    (e) The State may appeal any order granting bail or setting
12a given amount for bail.
13    (f) When a person is charged with a violation of an order
14of protection under Section 12-3.4 or 12-30 of the Criminal
15Code of 1961,
16        (1) whether the alleged incident involved harassment
17    or abuse, as defined in the Illinois Domestic Violence Act
18    of 1986;
19        (2) whether the person has a history of domestic
20    violence, as defined in the Illinois Domestic Violence Act,
21    or a history of other criminal acts;
22        (3) based on the mental health of the person;
23        (4) whether the person has a history of violating the
24    orders of any court or governmental entity;
25        (5) whether the person has been, or is, potentially a
26    threat to any other person;

 

 

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1        (6) whether the person has access to deadly weapons or
2    a history of using deadly weapons;
3        (7) whether the person has a history of abusing alcohol
4    or any controlled substance;
5        (8) based on the severity of the alleged incident that
6    is the basis of the alleged offense, including, but not
7    limited to, the duration of the current incident, and
8    whether the alleged incident involved physical injury,
9    sexual assault, strangulation, abuse during the alleged
10    victim's pregnancy, abuse of pets, or forcible entry to
11    gain access to the alleged victim;
12        (9) whether a separation of the person from the alleged
13    victim or a termination of the relationship between the
14    person and the alleged victim has recently occurred or is
15    pending;
16        (10) whether the person has exhibited obsessive or
17    controlling behaviors toward the alleged victim,
18    including, but not limited to, stalking, surveillance, or
19    isolation of the alleged victim or victim's family member
20    or members;
21        (11) whether the person has expressed suicidal or
22    homicidal ideations;
23        (12) based on any information contained in the
24    complaint and any police reports, affidavits, or other
25    documents accompanying the complaint,
26the court may, in its discretion, order the respondent to

 

 

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1undergo a risk assessment evaluation conducted by an Illinois
2Department of Human Services approved partner abuse
3intervention program provider, pretrial service, probation, or
4parole agency. These agencies shall have access to summaries of
5the defendant's criminal history, which shall not include
6victim interviews or information, for the risk evaluation.
7Based on the information collected from the 12 points to be
8considered at a bail hearing for a violation of an order of
9protection, the results of any risk evaluation conducted and
10the other circumstances of the violation, the court may order
11that the person, as a condition of bail, be placed under
12electronic surveillance as provided in Section 5-8A-7 of the
13Unified Code of Corrections.
14(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
 
15    (725 ILCS 5/110-5.1)
16    Sec. 110-5.1. Bail; certain persons charged with violent
17crimes against family or household members.
18    (a) Subject to subsection (c), a person who is charged with
19a violent crime shall appear before the court for the setting
20of bail if the alleged victim was a family or household member
21at the time of the alleged offense, and if any of the following
22applies:
23        (1) the person charged, at the time of the alleged
24    offense, was subject to the terms of an order of protection
25    issued under Section 112A-14 of this Code or Section 214 of

 

 

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1    the Illinois Domestic Violence Act of 1986 or previously
2    was convicted of a violation of an order of protection
3    under Section 12-3.4 or 12-30 of the Criminal Code of 1961
4    or a violent crime if the victim was a family or household
5    member at the time of the offense or a violation of a
6    substantially similar municipal ordinance or law of this or
7    any other state or the United States if the victim was a
8    family or household member at the time of the offense;
9        (2) the arresting officer indicates in a police report
10    or other document accompanying the complaint any of the
11    following:
12            (A) that the arresting officer observed on the
13        alleged victim objective manifestations of physical
14        harm that the arresting officer reasonably believes
15        are a result of the alleged offense;
16            (B) that the arresting officer reasonably believes
17        that the person had on the person's person at the time
18        of the alleged offense a deadly weapon;
19            (C) that the arresting officer reasonably believes
20        that the person presents a credible threat of serious
21        physical harm to the alleged victim or to any other
22        person if released on bail before trial.
23    (b) To the extent that information about any of the
24following is available to the court, the court shall consider
25all of the following, in addition to any other circumstances
26considered by the court, before setting bail for a person who

 

 

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1appears before the court pursuant to subsection (a):
2        (1) whether the person has a history of domestic
3    violence or a history of other violent acts;
4        (2) the mental health of the person;
5        (3) whether the person has a history of violating the
6    orders of any court or governmental entity;
7        (4) whether the person is potentially a threat to any
8    other person;
9        (5) whether the person has access to deadly weapons or
10    a history of using deadly weapons;
11        (6) whether the person has a history of abusing alcohol
12    or any controlled substance;
13        (7) the severity of the alleged violence that is the
14    basis of the alleged offense, including, but not limited
15    to, the duration of the alleged violent incident, and
16    whether the alleged violent incident involved serious
17    physical injury, sexual assault, strangulation, abuse
18    during the alleged victim's pregnancy, abuse of pets, or
19    forcible entry to gain access to the alleged victim;
20        (8) whether a separation of the person from the alleged
21    victim or a termination of the relationship between the
22    person and the alleged victim has recently occurred or is
23    pending;
24        (9) whether the person has exhibited obsessive or
25    controlling behaviors toward the alleged victim,
26    including, but not limited to, stalking, surveillance, or

 

 

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1    isolation of the alleged victim;
2        (10) whether the person has expressed suicidal or
3    homicidal ideations;
4        (11) any information contained in the complaint and any
5    police reports, affidavits, or other documents
6    accompanying the complaint.
7    (c) Upon the court's own motion or the motion of a party
8and upon any terms that the court may direct, a court may
9permit a person who is required to appear before it by
10subsection (a) to appear by video conferencing equipment. If,
11in the opinion of the court, the appearance in person or by
12video conferencing equipment of a person who is charged with a
13misdemeanor and who is required to appear before the court by
14subsection (a) is not practicable, the court may waive the
15appearance and release the person on bail on one or both of the
16following types of bail in an amount set by the court:
17        (1) a bail bond secured by a deposit of 10% of the
18    amount of the bond in cash;
19        (2) a surety bond, a bond secured by real estate or
20    securities as allowed by law, or the deposit of cash, at
21    the option of the person.
22    Subsection (a) does not create a right in a person to
23appear before the court for the setting of bail or prohibit a
24court from requiring any person charged with a violent crime
25who is not described in subsection (a) from appearing before
26the court for the setting of bail.

 

 

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1    (d) As used in this Section:
2        (1) "Violent crime" has the meaning ascribed to it in
3    Section 3 of the Rights of Crime Victims and Witnesses Act.
4        (2) "Family or household member" has the meaning
5    ascribed to it in Section 112A-3 of this Code.
6(Source: P.A. 94-878, eff. 1-1-07.)
 
7    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
8    Sec. 110-6.3. Denial of bail in stalking and aggravated
9stalking offenses.
10    (a) Upon verified petition by the State, the court shall
11hold a hearing to determine whether bail should be denied to a
12defendant who is charged with stalking or aggravated stalking,
13when it is alleged that the defendant's admission to bail poses
14a real and present threat to the physical safety of the alleged
15victim of the offense, and denial of release on bail or
16personal recognizance is necessary to prevent fulfillment of
17the threat upon which the charge is based.
18        (1) A petition may be filed without prior notice to the
19    defendant at the first appearance before a judge, or within
20    21 calendar days, except as provided in Section 110-6,
21    after arrest and release of the defendant upon reasonable
22    notice to defendant; provided that while the petition is
23    pending before the court, the defendant if previously
24    released shall not be detained.
25        (2) The hearing shall be held immediately upon the

 

 

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1    defendant's appearance before the court, unless for good
2    cause shown the defendant or the State seeks a continuance.
3    A continuance on motion of the defendant may not exceed 5
4    calendar days, and the defendant may be held in custody
5    during the continuance. A continuance on the motion of the
6    State may not exceed 3 calendar days; however, the
7    defendant may be held in custody during the continuance
8    under this provision if the defendant has been previously
9    found to have violated an order of protection or has been
10    previously convicted of, or granted court supervision for,
11    any of the offenses set forth in Sections 12-2, 12-3.05,
12    12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
13    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
14    1961, against the same person as the alleged victim of the
15    stalking or aggravated stalking offense.
16    (b) The court may deny bail to the defendant when, after
17the hearing, it is determined that:
18        (1) the proof is evident or the presumption great that
19    the defendant has committed the offense of stalking or
20    aggravated stalking; and
21        (2) the defendant poses a real and present threat to
22    the physical safety of the alleged victim of the offense;
23    and
24        (3) the denial of release on bail or personal
25    recognizance is necessary to prevent fulfillment of the
26    threat upon which the charge is based; and

 

 

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1        (4) the court finds that no condition or combination of
2    conditions set forth in subsection (b) of Section 110-10 of
3    this Code, including mental health treatment at a community
4    mental health center, hospital, or facility of the
5    Department of Human Services, can reasonably assure the
6    physical safety of the alleged victim of the offense.
7    (c) Conduct of the hearings.
8        (1) The hearing on the defendant's culpability and
9    threat to the alleged victim of the offense shall be
10    conducted in accordance with the following provisions:
11            (A) Information used by the court in its findings
12        or stated in or offered at the hearing may be by way of
13        proffer based upon reliable information offered by the
14        State or by defendant. Defendant has the right to be
15        represented by counsel, and if he is indigent, to have
16        counsel appointed for him. Defendant shall have the
17        opportunity to testify, to present witnesses in his own
18        behalf, and to cross-examine witnesses if any are
19        called by the State. The defendant has the right to
20        present witnesses in his favor. When the ends of
21        justice so require, the court may exercise its
22        discretion and compel the appearance of a complaining
23        witness. The court shall state on the record reasons
24        for granting a defense request to compel the presence
25        of a complaining witness. Cross-examination of a
26        complaining witness at the pretrial detention hearing

 

 

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1        for the purpose of impeaching the witness' credibility
2        is insufficient reason to compel the presence of the
3        witness. In deciding whether to compel the appearance
4        of a complaining witness, the court shall be
5        considerate of the emotional and physical well-being
6        of the witness. The pretrial detention hearing is not
7        to be used for the purposes of discovery, and the post
8        arraignment rules of discovery do not apply. The State
9        shall tender to the defendant, prior to the hearing,
10        copies of defendant's criminal history, if any, if
11        available, and any written or recorded statements and
12        the substance of any oral statements made by any
13        person, if relied upon by the State. The rules
14        concerning the admissibility of evidence in criminal
15        trials do not apply to the presentation and
16        consideration of information at the hearing. At the
17        trial concerning the offense for which the hearing was
18        conducted neither the finding of the court nor any
19        transcript or other record of the hearing shall be
20        admissible in the State's case in chief, but shall be
21        admissible for impeachment, or as provided in Section
22        115-10.1 of this Code, or in a perjury proceeding.
23            (B) A motion by the defendant to suppress evidence
24        or to suppress a confession shall not be entertained.
25        Evidence that proof may have been obtained as the
26        result of an unlawful search and seizure or through

 

 

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1        improper interrogation is not relevant to this state of
2        the prosecution.
3        (2) The facts relied upon by the court to support a
4    finding that:
5            (A) the defendant poses a real and present threat
6        to the physical safety of the alleged victim of the
7        offense; and
8            (B) the denial of release on bail or personal
9        recognizance is necessary to prevent fulfillment of
10        the threat upon which the charge is based;
11    shall be supported by clear and convincing evidence
12    presented by the State.
13    (d) Factors to be considered in making a determination of
14the threat to the alleged victim of the offense. The court may,
15in determining whether the defendant poses, at the time of the
16hearing, a real and present threat to the physical safety of
17the alleged victim of the offense, consider but shall not be
18limited to evidence or testimony concerning:
19        (1) The nature and circumstances of the offense
20    charged;
21        (2) The history and characteristics of the defendant
22    including:
23            (A) Any evidence of the defendant's prior criminal
24        history indicative of violent, abusive or assaultive
25        behavior, or lack of that behavior. The evidence may
26        include testimony or documents received in juvenile

 

 

SB1310 Engrossed- 247 -LRB096 09456 RLC 19613 b

1        proceedings, criminal, quasi-criminal, civil
2        commitment, domestic relations or other proceedings;
3            (B) Any evidence of the defendant's psychological,
4        psychiatric or other similar social history that tends
5        to indicate a violent, abusive, or assaultive nature,
6        or lack of any such history.
7        (3) The nature of the threat which is the basis of the
8    charge against the defendant;
9        (4) Any statements made by, or attributed to the
10    defendant, together with the circumstances surrounding
11    them;
12        (5) The age and physical condition of any person
13    assaulted by the defendant;
14        (6) Whether the defendant is known to possess or have
15    access to any weapon or weapons;
16        (7) Whether, at the time of the current offense or any
17    other offense or arrest, the defendant was on probation,
18    parole, mandatory supervised release or other release from
19    custody pending trial, sentencing, appeal or completion of
20    sentence for an offense under federal or state law;
21        (8) Any other factors, including those listed in
22    Section 110-5 of this Code, deemed by the court to have a
23    reasonable bearing upon the defendant's propensity or
24    reputation for violent, abusive or assaultive behavior, or
25    lack of that behavior.
26    (e) The court shall, in any order denying bail to a person

 

 

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1charged with stalking or aggravated stalking:
2        (1) briefly summarize the evidence of the defendant's
3    culpability and its reasons for concluding that the
4    defendant should be held without bail;
5        (2) direct that the defendant be committed to the
6    custody of the sheriff for confinement in the county jail
7    pending trial;
8        (3) direct that the defendant be given a reasonable
9    opportunity for private consultation with counsel, and for
10    communication with others of his choice by visitation, mail
11    and telephone; and
12        (4) direct that the sheriff deliver the defendant as
13    required for appearances in connection with court
14    proceedings.
15    (f) If the court enters an order for the detention of the
16defendant under subsection (e) of this Section, the defendant
17shall be brought to trial on the offense for which he is
18detained within 90 days after the date on which the order for
19detention was entered. If the defendant is not brought to trial
20within the 90 day period required by this subsection (f), he
21shall not be held longer without bail. In computing the 90 day
22period, the court shall omit any period of delay resulting from
23a continuance granted at the request of the defendant. The
24court shall immediately notify the alleged victim of the
25offense that the defendant has been admitted to bail under this
26subsection.

 

 

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1    (g) Any person shall be entitled to appeal any order
2entered under this Section denying bail to the defendant.
3    (h) The State may appeal any order entered under this
4Section denying any motion for denial of bail.
5    (i) Nothing in this Section shall be construed as modifying
6or limiting in any way the defendant's presumption of innocence
7in further criminal proceedings.
8(Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
 
9    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
10    Sec. 111-8. Orders of protection to prohibit domestic
11violence.
12    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
1310-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
1412-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
1512-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
1612-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2,
17or 21-3 of the Criminal Code of 1961 or Section 1-1 of the
18Harassing and Obscene Communications Act is alleged in an
19information, complaint or indictment on file, and the alleged
20offender and victim are family or household members, as defined
21in the Illinois Domestic Violence Act, as now or hereafter
22amended, the People through the respective State's Attorneys
23may by separate petition and upon notice to the defendant,
24except as provided in subsection (c) herein, request the court
25to issue an order of protection.

 

 

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1    (b) In addition to any other remedies specified in Section
2208 of the Illinois Domestic Violence Act, as now or hereafter
3amended, the order may direct the defendant to initiate no
4contact with the alleged victim or victims who are family or
5household members and to refrain from entering the residence,
6school or place of business of the alleged victim or victims.
7    (c) The court may grant emergency relief without notice
8upon a showing of immediate and present danger of abuse to the
9victim or minor children of the victim and may enter a
10temporary order pending notice and full hearing on the matter.
11(Source: P.A. 94-325, eff. 1-1-06.)
 
12    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
13    Sec. 112A-3. Definitions. For the purposes of this Article,
14the following terms shall have the following meanings:
15    (1) "Abuse" means physical abuse, harassment, intimidation
16of a dependent, interference with personal liberty or willful
17deprivation but does not include reasonable direction of a
18minor child by a parent or person in loco parentis.
19    (2) "Domestic violence" means abuse as described in
20paragraph (1).
21    (3) "Family or household members" include spouses, former
22spouses, parents, children, stepchildren and other persons
23related by blood or by present or prior marriage, persons who
24share or formerly shared a common dwelling, persons who have or
25allegedly have a child in common, persons who share or

 

 

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1allegedly share a blood relationship through a child, persons
2who have or have had a dating or engagement relationship,
3persons with disabilities and their personal assistants, and
4caregivers as defined in paragraph (3) of subsection (b) of
5Section 12-21 or in subsection (e) of Section 12-4.4a of the
6Criminal Code of 1961. For purposes of this paragraph, neither
7a casual acquaintanceship nor ordinary fraternization between
82 individuals in business or social contexts shall be deemed to
9constitute a dating relationship.
10    (4) "Harassment" means knowing conduct which is not
11necessary to accomplish a purpose which is reasonable under the
12circumstances; would cause a reasonable person emotional
13distress; and does cause emotional distress to the petitioner.
14Unless the presumption is rebutted by a preponderance of the
15evidence, the following types of conduct shall be presumed to
16cause emotional distress:
17        (i) creating a disturbance at petitioner's place of
18    employment or school;
19        (ii) repeatedly telephoning petitioner's place of
20    employment, home or residence;
21        (iii) repeatedly following petitioner about in a
22    public place or places;
23        (iv) repeatedly keeping petitioner under surveillance
24    by remaining present outside his or her home, school, place
25    of employment, vehicle or other place occupied by
26    petitioner or by peering in petitioner's windows;

 

 

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1        (v) improperly concealing a minor child from
2    petitioner, repeatedly threatening to improperly remove a
3    minor child of petitioner's from the jurisdiction or from
4    the physical care of petitioner, repeatedly threatening to
5    conceal a minor child from petitioner, or making a single
6    such threat following an actual or attempted improper
7    removal or concealment, unless respondent was fleeing from
8    an incident or pattern of domestic violence; or
9        (vi) threatening physical force, confinement or
10    restraint on one or more occasions.
11    (5) "Interference with personal liberty" means committing
12or threatening physical abuse, harassment, intimidation or
13willful deprivation so as to compel another to engage in
14conduct from which she or he has a right to abstain or to
15refrain from conduct in which she or he has a right to engage.
16    (6) "Intimidation of a dependent" means subjecting a person
17who is dependent because of age, health or disability to
18participation in or the witnessing of: physical force against
19another or physical confinement or restraint of another which
20constitutes physical abuse as defined in this Article,
21regardless of whether the abused person is a family or
22household member.
23    (7) "Order of protection" means an emergency order, interim
24order or plenary order, granted pursuant to this Article, which
25includes any or all of the remedies authorized by Section
26112A-14 of this Code.

 

 

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1    (8) "Petitioner" may mean not only any named petitioner for
2the order of protection and any named victim of abuse on whose
3behalf the petition is brought, but also any other person
4protected by this Article.
5    (9) "Physical abuse" includes sexual abuse and means any of
6the following:
7        (i) knowing or reckless use of physical force,
8    confinement or restraint;
9        (ii) knowing, repeated and unnecessary sleep
10    deprivation; or
11        (iii) knowing or reckless conduct which creates an
12    immediate risk of physical harm.
13    (9.5) "Stay away" means for the respondent to refrain from
14both physical presence and nonphysical contact with the
15petitioner whether direct, indirect (including, but not
16limited to, telephone calls, mail, email, faxes, and written
17notes), or through third parties who may or may not know about
18the order of protection.
19    (10) "Willful deprivation" means wilfully denying a person
20who because of age, health or disability requires medication,
21medical care, shelter, accessible shelter or services, food,
22therapeutic device, or other physical assistance, and thereby
23exposing that person to the risk of physical, mental or
24emotional harm, except with regard to medical care and
25treatment when such dependent person has expressed the intent
26to forgo such medical care or treatment. This paragraph does

 

 

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1not create any new affirmative duty to provide support to
2dependent persons.
3(Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
4    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
5    Sec. 112A-23. Enforcement of orders of protection.
6    (a) When violation is crime. A violation of any order of
7protection, whether issued in a civil, quasi-criminal
8proceeding, shall be enforced by a criminal court when:
9        (1) The respondent commits the crime of violation of an
10    order of protection pursuant to Section 12-3.4 or 12-30 of
11    the Criminal Code of 1961, by having knowingly violated:
12            (i) remedies described in paragraphs (1), (2),
13        (3), (14), or (14.5) of subsection (b) of Section
14        112A-14,
15            (ii) a remedy, which is substantially similar to
16        the remedies authorized under paragraphs (1), (2),
17        (3), (14) or (14.5) of subsection (b) of Section 214 of
18        the Illinois Domestic Violence Act of 1986, in a valid
19        order of protection, which is authorized under the laws
20        of another state, tribe or United States territory,
21            (iii) or any other remedy when the act constitutes
22        a crime against the protected parties as defined by the
23        Criminal Code of 1961.
24    Prosecution for a violation of an order of protection shall
25not bar concurrent prosecution for any other crime, including

 

 

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1any crime that may have been committed at the time of the
2violation of the order of protection; or
3        (2) The respondent commits the crime of child abduction
4    pursuant to Section 10-5 of the Criminal Code of 1961, by
5    having knowingly violated:
6            (i) remedies described in paragraphs (5), (6) or
7        (8) of subsection (b) of Section 112A-14, or
8            (ii) a remedy, which is substantially similar to
9        the remedies authorized under paragraphs (1), (5),
10        (6), or (8) of subsection (b) of Section 214 of the
11        Illinois Domestic Violence Act of 1986, in a valid
12        order of protection, which is authorized under the laws
13        of another state, tribe or United States territory.
14    (b) When violation is contempt of court. A violation of any
15valid order of protection, whether issued in a civil or
16criminal proceeding, may be enforced through civil or criminal
17contempt procedures, as appropriate, by any court with
18jurisdiction, regardless where the act or acts which violated
19the order of protection were committed, to the extent
20consistent with the venue provisions of this Article. Nothing
21in this Article shall preclude any Illinois court from
22enforcing any valid order of protection issued in another
23state. Illinois courts may enforce orders of protection through
24both criminal prosecution and contempt proceedings, unless the
25action which is second in time is barred by collateral estoppel
26or the constitutional prohibition against double jeopardy.

 

 

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1        (1) In a contempt proceeding where the petition for a
2    rule to show cause sets forth facts evidencing an immediate
3    danger that the respondent will flee the jurisdiction,
4    conceal a child, or inflict physical abuse on the
5    petitioner or minor children or on dependent adults in
6    petitioner's care, the court may order the attachment of
7    the respondent without prior service of the rule to show
8    cause or the petition for a rule to show cause. Bond shall
9    be set unless specifically denied in writing.
10        (2) A petition for a rule to show cause for violation
11    of an order of protection shall be treated as an expedited
12    proceeding.
13    (c) Violation of custody or support orders. A violation of
14remedies described in paragraphs (5), (6), (8), or (9) of
15subsection (b) of Section 112A-14 may be enforced by any remedy
16provided by Section 611 of the Illinois Marriage and
17Dissolution of Marriage Act. The court may enforce any order
18for support issued under paragraph (12) of subsection (b) of
19Section 112A-14 in the manner provided for under Parts V and
20VII of the Illinois Marriage and Dissolution of Marriage Act.
21    (d) Actual knowledge. An order of protection may be
22enforced pursuant to this Section if the respondent violates
23the order after respondent has actual knowledge of its contents
24as shown through one of the following means:
25        (1) By service, delivery, or notice under Section
26    112A-10.

 

 

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1        (2) By notice under Section 112A-11.
2        (3) By service of an order of protection under Section
3    112A-22.
4        (4) By other means demonstrating actual knowledge of
5    the contents of the order.
6    (e) The enforcement of an order of protection in civil or
7criminal court shall not be affected by either of the
8following:
9        (1) The existence of a separate, correlative order
10    entered under Section 112A-15.
11        (2) Any finding or order entered in a conjoined
12    criminal proceeding.
13    (f) Circumstances. The court, when determining whether or
14not a violation of an order of protection has occurred, shall
15not require physical manifestations of abuse on the person of
16the victim.
17    (g) Penalties.
18        (1) Except as provided in paragraph (3) of this
19    subsection, where the court finds the commission of a crime
20    or contempt of court under subsections (a) or (b) of this
21    Section, the penalty shall be the penalty that generally
22    applies in such criminal or contempt proceedings, and may
23    include one or more of the following: incarceration,
24    payment of restitution, a fine, payment of attorneys' fees
25    and costs, or community service.
26        (2) The court shall hear and take into account evidence

 

 

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1    of any factors in aggravation or mitigation before deciding
2    an appropriate penalty under paragraph (1) of this
3    subsection.
4        (3) To the extent permitted by law, the court is
5    encouraged to:
6            (i) increase the penalty for the knowing violation
7        of any order of protection over any penalty previously
8        imposed by any court for respondent's violation of any
9        order of protection or penal statute involving
10        petitioner as victim and respondent as defendant;
11            (ii) impose a minimum penalty of 24 hours
12        imprisonment for respondent's first violation of any
13        order of protection; and
14            (iii) impose a minimum penalty of 48 hours
15        imprisonment for respondent's second or subsequent
16        violation of an order of protection
17    unless the court explicitly finds that an increased penalty
18    or that period of imprisonment would be manifestly unjust.
19        (4) In addition to any other penalties imposed for a
20    violation of an order of protection, a criminal court may
21    consider evidence of any violations of an order of
22    protection:
23            (i) to increase, revoke or modify the bail bond on
24        an underlying criminal charge pursuant to Section
25        110-6;
26            (ii) to revoke or modify an order of probation,

 

 

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1        conditional discharge or supervision, pursuant to
2        Section 5-6-4 of the Unified Code of Corrections;
3            (iii) to revoke or modify a sentence of periodic
4        imprisonment, pursuant to Section 5-7-2 of the Unified
5        Code of Corrections.
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    (725 ILCS 5/112A-26)  (from Ch. 38, par. 112A-26)
8    Sec. 112A-26. Arrest without warrant.
9    (a) Any law enforcement officer may make an arrest without
10warrant if the officer has probable cause to believe that the
11person has committed or is committing any crime, including but
12not limited to violation of an order of protection, under
13Section 12-3.4 or 12-30 of the Criminal Code of 1961, even if
14the crime was not committed in the presence of the officer.
15    (b) The law enforcement officer may verify the existence of
16an order of protection by telephone or radio communication with
17his or her law enforcement agency or by referring to the copy
18of the order provided by petitioner or respondent.
19(Source: P.A. 87-1186.)
 
20    (725 ILCS 5/115-7.3)
21    Sec. 115-7.3. Evidence in certain cases.
22    (a) This Section applies to criminal cases in which:
23        (1) the defendant is accused of predatory criminal
24    sexual assault of a child, aggravated criminal sexual

 

 

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1    assault, criminal sexual assault, aggravated criminal
2    sexual abuse, criminal sexual abuse, child pornography,
3    aggravated child pornography, or criminal transmission of
4    HIV;
5        (2) the defendant is accused of battery, aggravated
6    battery, first degree murder, or second degree murder when
7    the commission of the offense involves sexual penetration
8    or sexual conduct as defined in Section 12-12 of the
9    Criminal Code of 1961; or
10        (3) the defendant is tried or retried for any of the
11    offenses formerly known as rape, deviate sexual assault,
12    indecent liberties with a child, or aggravated indecent
13    liberties with a child.
14    (b) If the defendant is accused of an offense set forth in
15paragraph (1) or (2) of subsection (a) or the defendant is
16tried or retried for any of the offenses set forth in paragraph
17(3) of subsection (a), evidence of the defendant's commission
18of another offense or offenses set forth in paragraph (1), (2),
19or (3) of subsection (a), or evidence to rebut that proof or an
20inference from that proof, may be admissible (if that evidence
21is otherwise admissible under the rules of evidence) and may be
22considered for its bearing on any matter to which it is
23relevant.
24    (c) In weighing the probative value of the evidence against
25undue prejudice to the defendant, the court may consider:
26        (1) the proximity in time to the charged or predicate

 

 

SB1310 Engrossed- 261 -LRB096 09456 RLC 19613 b

1    offense;
2        (2) the degree of factual similarity to the charged or
3    predicate offense; or
4        (3) other relevant facts and circumstances.
5    (d) In a criminal case in which the prosecution intends to
6offer evidence under this Section, it must disclose the
7evidence, including statements of witnesses or a summary of the
8substance of any testimony, at a reasonable time in advance of
9trial, or during trial if the court excuses pretrial notice on
10good cause shown.
11    (e) In a criminal case in which evidence is offered under
12this Section, proof may be made by specific instances of
13conduct, testimony as to reputation, or testimony in the form
14of an expert opinion, except that the prosecution may offer
15reputation testimony only after the opposing party has offered
16that testimony.
17    (f) In prosecutions for a violation of Section 10-2,
1812-3.05, 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of
19the Criminal Code of 1961, involving the involuntary delivery
20of a controlled substance to a victim, no inference may be made
21about the fact that a victim did not consent to a test for the
22presence of controlled substances.
23(Source: P.A. 95-892, eff. 1-1-09.)
 
24    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
25    Sec. 115-10. Certain hearsay exceptions.

 

 

SB1310 Engrossed- 262 -LRB096 09456 RLC 19613 b

1    (a) In a prosecution for a physical or sexual act
2perpetrated upon or against a child under the age of 13, or a
3person who was a moderately, severely, or profoundly mentally
4retarded person as defined in this Code and in Section 2-10.1
5of the Criminal Code of 1961 at the time the act was committed,
6including but not limited to prosecutions for violations of
7Sections 12-13 through 12-16 of the Criminal Code of 1961 and
8prosecutions for violations of Sections 10-1 (kidnapping),
910-2 (aggravated kidnapping), 10-3 (unlawful restraint),
1010-3.1 (aggravated unlawful restraint), 10-4 (forcible
11detention), 10-5 (child abduction), 10-6 (harboring a
12runaway), 10-7 (aiding or abetting child abduction), 11-9
13(public indecency), 11-11 (sexual relations within families),
1411-21 (harmful material), 12-1 (assault), 12-2 (aggravated
15assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
16(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
17battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
18with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
19(drug induced infliction of great bodily harm), 12-5 (reckless
20conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
21organization membership of persons), 12-7.1 (hate crime),
2212-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10
23(tattooing body of minor), 12-11 (home invasion), 12-21.5
24(child abandonment), 12-21.6 (endangering the life or health of
25a child) or 12-32 (ritual mutilation) of the Criminal Code of
261961 or any sex offense as defined in subsection (B) of Section

 

 

SB1310 Engrossed- 263 -LRB096 09456 RLC 19613 b

12 of the Sex Offender Registration Act, the following evidence
2shall be admitted as an exception to the hearsay rule:
3        (1) testimony by the victim of an out of court
4    statement made by the victim that he or she complained of
5    such act to another; and
6        (2) testimony of an out of court statement made by the
7    victim describing any complaint of such act or matter or
8    detail pertaining to any act which is an element of an
9    offense which is the subject of a prosecution for a sexual
10    or physical act against that victim.
11    (b) Such testimony shall only be admitted if:
12        (1) The court finds in a hearing conducted outside the
13    presence of the jury that the time, content, and
14    circumstances of the statement provide sufficient
15    safeguards of reliability; and
16        (2) The child or moderately, severely, or profoundly
17    mentally retarded person either:
18            (A) testifies at the proceeding; or
19            (B) is unavailable as a witness and there is
20        corroborative evidence of the act which is the subject
21        of the statement; and
22        (3) In a case involving an offense perpetrated against
23    a child under the age of 13, the out of court statement was
24    made before the victim attained 13 years of age or within 3
25    months after the commission of the offense, whichever
26    occurs later, but the statement may be admitted regardless

 

 

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1    of the age of the victim at the time of the proceeding.
2    (c) If a statement is admitted pursuant to this Section,
3the court shall instruct the jury that it is for the jury to
4determine the weight and credibility to be given the statement
5and that, in making the determination, it shall consider the
6age and maturity of the child, or the intellectual capabilities
7of the moderately, severely, or profoundly mentally retarded
8person, the nature of the statement, the circumstances under
9which the statement was made, and any other relevant factor.
10    (d) The proponent of the statement shall give the adverse
11party reasonable notice of his intention to offer the statement
12and the particulars of the statement.
13    (e) Statements described in paragraphs (1) and (2) of
14subsection (a) shall not be excluded on the basis that they
15were obtained as a result of interviews conducted pursuant to a
16protocol adopted by a Child Advocacy Advisory Board as set
17forth in subsections (c), (d), and (e) of Section 3 of the
18Children's Advocacy Center Act or that an interviewer or
19witness to the interview was or is an employee, agent, or
20investigator of a State's Attorney's office.
21(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
22    (725 ILCS 5/115-10.3)
23    Sec. 115-10.3. Hearsay exception regarding elder adults.
24    (a) In a prosecution for a physical act, abuse, neglect, or
25financial exploitation perpetrated upon or against an eligible

 

 

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1adult, as defined in the Elder Abuse and Neglect Act, who has
2been diagnosed by a physician to suffer from (i) any form of
3dementia, developmental disability, or other form of mental
4incapacity or (ii) any physical infirmity, including but not
5limited to prosecutions for violations of Sections 10-1, 10-2,
610-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2,
712-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
812-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15,
912-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4,
1018-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section
1112-4.4a, of the Criminal Code of 1961, the following evidence
12shall be admitted as an exception to the hearsay rule:
13        (1) testimony by an eligible adult, of an out of court
14    statement made by the eligible adult, that he or she
15    complained of such act to another; and
16        (2) testimony of an out of court statement made by the
17    eligible adult, describing any complaint of such act or
18    matter or detail pertaining to any act which is an element
19    of an offense which is the subject of a prosecution for a
20    physical act, abuse, neglect, or financial exploitation
21    perpetrated upon or against the eligible adult.
22    (b) Such testimony shall only be admitted if:
23        (1) The court finds in a hearing conducted outside the
24    presence of the jury that the time, content, and
25    circumstances of the statement provide sufficient
26    safeguards of reliability; and

 

 

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1        (2) The eligible adult either:
2            (A) testifies at the proceeding; or
3            (B) is unavailable as a witness and there is
4        corroborative evidence of the act which is the subject
5        of the statement.
6    (c) If a statement is admitted pursuant to this Section,
7the court shall instruct the jury that it is for the jury to
8determine the weight and credibility to be given the statement
9and that, in making the determination, it shall consider the
10condition of the eligible adult, the nature of the statement,
11the circumstances under which the statement was made, and any
12other relevant factor.
13    (d) The proponent of the statement shall give the adverse
14party reasonable notice of his or her intention to offer the
15statement and the particulars of the statement.
16(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
17    Section 970. The Unified Code of Corrections is amended by
18changing Sections 3-6-3, 5-3-2, 5-5-3, 5-5-3.2, 5-8-4, 5-8A-2,
19and 5-9-1.16 as follows:
 
20    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
21    Sec. 3-6-3. Rules and Regulations for Early Release.
22        (a) (1) The Department of Corrections shall prescribe
23    rules and regulations for the early release on account of
24    good conduct of persons committed to the Department which

 

 

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1    shall be subject to review by the Prisoner Review Board.
2        (2) The rules and regulations on early release shall
3    provide, with respect to offenses listed in clause (i),
4    (ii), or (iii) of this paragraph (2) committed on or after
5    June 19, 1998 or with respect to the offense listed in
6    clause (iv) of this paragraph (2) committed on or after
7    June 23, 2005 (the effective date of Public Act 94-71) or
8    with respect to offense listed in clause (vi) committed on
9    or after June 1, 2008 (the effective date of Public Act
10    95-625) or with respect to the offense of being an armed
11    habitual criminal committed on or after August 2, 2005 (the
12    effective date of Public Act 94-398) or with respect to the
13    offenses listed in clause (v) of this paragraph (2)
14    committed on or after August 13, 2007 (the effective date
15    of Public Act 95-134) or with respect to the offense of
16    aggravated domestic battery committed on or after July 23,
17    2010 (the effective date of Public Act 96-1224) this
18    amendatory Act of the 96th General Assembly, the following:
19            (i) that a prisoner who is serving a term of
20        imprisonment for first degree murder or for the offense
21        of terrorism shall receive no good conduct credit and
22        shall serve the entire sentence imposed by the court;
23            (ii) that a prisoner serving a sentence for attempt
24        to commit first degree murder, solicitation of murder,
25        solicitation of murder for hire, intentional homicide
26        of an unborn child, predatory criminal sexual assault

 

 

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1        of a child, aggravated criminal sexual assault,
2        criminal sexual assault, aggravated kidnapping,
3        aggravated battery with a firearm as described in
4        Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
5        or (e)(4) of Section 12-3.05, heinous battery as
6        described in Section 12-4.1 or subdivision (a)(2) of
7        Section 12-3.05, being an armed habitual criminal,
8        aggravated battery of a senior citizen as described in
9        Section 12-4.6 or subdivision (a)(4) of Section
10        12-3.05, or aggravated battery of a child as described
11        in Section 12-4.3 or subdivision (b)(1) of Section
12        12-3.05 shall receive no more than 4.5 days of good
13        conduct credit for each month of his or her sentence of
14        imprisonment;
15            (iii) that a prisoner serving a sentence for home
16        invasion, armed robbery, aggravated vehicular
17        hijacking, aggravated discharge of a firearm, or armed
18        violence with a category I weapon or category II
19        weapon, when the court has made and entered a finding,
20        pursuant to subsection (c-1) of Section 5-4-1 of this
21        Code, that the conduct leading to conviction for the
22        enumerated offense resulted in great bodily harm to a
23        victim, shall receive no more than 4.5 days of good
24        conduct credit for each month of his or her sentence of
25        imprisonment;
26            (iv) that a prisoner serving a sentence for

 

 

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1        aggravated discharge of a firearm, whether or not the
2        conduct leading to conviction for the offense resulted
3        in great bodily harm to the victim, shall receive no
4        more than 4.5 days of good conduct credit for each
5        month of his or her sentence of imprisonment;
6            (v) that a person serving a sentence for
7        gunrunning, narcotics racketeering, controlled
8        substance trafficking, methamphetamine trafficking,
9        drug-induced homicide, aggravated
10        methamphetamine-related child endangerment, money
11        laundering pursuant to clause (c) (4) or (5) of Section
12        29B-1 of the Criminal Code of 1961, or a Class X felony
13        conviction for delivery of a controlled substance,
14        possession of a controlled substance with intent to
15        manufacture or deliver, calculated criminal drug
16        conspiracy, criminal drug conspiracy, street gang
17        criminal drug conspiracy, participation in
18        methamphetamine manufacturing, aggravated
19        participation in methamphetamine manufacturing,
20        delivery of methamphetamine, possession with intent to
21        deliver methamphetamine, aggravated delivery of
22        methamphetamine, aggravated possession with intent to
23        deliver methamphetamine, methamphetamine conspiracy
24        when the substance containing the controlled substance
25        or methamphetamine is 100 grams or more shall receive
26        no more than 7.5 days good conduct credit for each

 

 

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1        month of his or her sentence of imprisonment;
2            (vi) that a prisoner serving a sentence for a
3        second or subsequent offense of luring a minor shall
4        receive no more than 4.5 days of good conduct credit
5        for each month of his or her sentence of imprisonment;
6        and
7            (vii) that a prisoner serving a sentence for
8        aggravated domestic battery shall receive no more than
9        4.5 days of good conduct credit for each month of his
10        or her sentence of imprisonment.
11        (2.1) For all offenses, other than those enumerated in
12    subdivision (a)(2)(i), (ii), or (iii) committed on or after
13    June 19, 1998 or subdivision (a)(2)(iv) committed on or
14    after June 23, 2005 (the effective date of Public Act
15    94-71) or subdivision (a)(2)(v) committed on or after
16    August 13, 2007 (the effective date of Public Act 95-134)
17    or subdivision (a)(2)(vi) committed on or after June 1,
18    2008 (the effective date of Public Act 95-625) or
19    subdivision (a)(2)(vii) committed on or after July 23, 2010
20    (the effective date of Public Act 96-1224) this amendatory
21    Act of the 96th General Assembly, and other than the
22    offense of aggravated driving under the influence of
23    alcohol, other drug or drugs, or intoxicating compound or
24    compounds, or any combination thereof as defined in
25    subparagraph (F) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code, and other than

 

 

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1    the offense of aggravated driving under the influence of
2    alcohol, other drug or drugs, or intoxicating compound or
3    compounds, or any combination thereof as defined in
4    subparagraph (C) of paragraph (1) of subsection (d) of
5    Section 11-501 of the Illinois Vehicle Code committed on or
6    after January 1, 2011 (the effective date of Public Act
7    96-1230) this amendatory Act of the 96th General Assembly,
8    the rules and regulations shall provide that a prisoner who
9    is serving a term of imprisonment shall receive one day of
10    good conduct credit for each day of his or her sentence of
11    imprisonment or recommitment under Section 3-3-9. Each day
12    of good conduct credit shall reduce by one day the
13    prisoner's period of imprisonment or recommitment under
14    Section 3-3-9.
15        (2.2) A prisoner serving a term of natural life
16    imprisonment or a prisoner who has been sentenced to death
17    shall receive no good conduct credit.
18        (2.3) The rules and regulations on early release shall
19    provide that a prisoner who is serving a sentence for
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds, or
22    any combination thereof as defined in subparagraph (F) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code, shall receive no more than 4.5 days
25    of good conduct credit for each month of his or her
26    sentence of imprisonment.

 

 

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1        (2.4) The rules and regulations on early release shall
2    provide with respect to the offenses of aggravated battery
3    with a machine gun or a firearm equipped with any device or
4    attachment designed or used for silencing the report of a
5    firearm or aggravated discharge of a machine gun or a
6    firearm equipped with any device or attachment designed or
7    used for silencing the report of a firearm, committed on or
8    after July 15, 1999 (the effective date of Public Act
9    91-121), that a prisoner serving a sentence for any of
10    these offenses shall receive no more than 4.5 days of good
11    conduct credit for each month of his or her sentence of
12    imprisonment.
13        (2.5) The rules and regulations on early release shall
14    provide that a prisoner who is serving a sentence for
15    aggravated arson committed on or after July 27, 2001 (the
16    effective date of Public Act 92-176) shall receive no more
17    than 4.5 days of good conduct credit for each month of his
18    or her sentence of imprisonment.
19        (2.6) The rules and regulations on early release shall
20    provide that a prisoner who is serving a sentence for
21    aggravated driving under the influence of alcohol, other
22    drug or drugs, or intoxicating compound or compounds, or
23    any combination thereof as defined in subparagraph (C) of
24    paragraph (1) of subsection (d) of Section 11-501 of the
25    Illinois Vehicle Code committed on or after January 1, 2011
26    (the effective date of Public Act 96-1230) this amendatory

 

 

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1    Act of the 96th General Assembly, shall receive no more
2    than 4.5 days of good conduct credit for each month of his
3    or her sentence of imprisonment.
4        (3) The rules and regulations shall also provide that
5    the Director may award up to 180 days additional good
6    conduct credit for meritorious service in specific
7    instances as the Director deems proper; except that no more
8    than 90 days of good conduct credit for meritorious service
9    shall be awarded to any prisoner who is serving a sentence
10    for conviction of first degree murder, reckless homicide
11    while under the influence of alcohol or any other drug, or
12    aggravated driving under the influence of alcohol, other
13    drug or drugs, or intoxicating compound or compounds, or
14    any combination thereof as defined in subparagraph (F) of
15    paragraph (1) of subsection (d) of Section 11-501 of the
16    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
17    predatory criminal sexual assault of a child, aggravated
18    criminal sexual assault, criminal sexual assault, deviate
19    sexual assault, aggravated criminal sexual abuse,
20    aggravated indecent liberties with a child, indecent
21    liberties with a child, child pornography, heinous battery
22    as described in Section 12-4.1 or subdivision (a)(2) of
23    Section 12-3.05, aggravated battery of a spouse,
24    aggravated battery of a spouse with a firearm, stalking,
25    aggravated stalking, aggravated battery of a child as
26    described in Section 12-4.3 or subdivision (b)(1) of

 

 

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1    Section 12-3.05, endangering the life or health of a child,
2    or cruelty to a child. Notwithstanding the foregoing, good
3    conduct credit for meritorious service shall not be awarded
4    on a sentence of imprisonment imposed for conviction of:
5    (i) one of the offenses enumerated in subdivision
6    (a)(2)(i), (ii), or (iii) when the offense is committed on
7    or after June 19, 1998 or subdivision (a)(2)(iv) when the
8    offense is committed on or after June 23, 2005 (the
9    effective date of Public Act 94-71) or subdivision
10    (a)(2)(v) when the offense is committed on or after August
11    13, 2007 (the effective date of Public Act 95-134) or
12    subdivision (a)(2)(vi) when the offense is committed on or
13    after June 1, 2008 (the effective date of Public Act
14    95-625) or subdivision (a)(2)(vii) when the offense is
15    committed on or after July 23, 2010 (the effective date of
16    Public Act 96-1224) this amendatory Act of the 96th General
17    Assembly, (ii) aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code, (iii) one of
22    the offenses enumerated in subdivision (a)(2.4) when the
23    offense is committed on or after July 15, 1999 (the
24    effective date of Public Act 91-121), (iv) aggravated arson
25    when the offense is committed on or after July 27, 2001
26    (the effective date of Public Act 92-176), or (v) offenses

 

 

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1    that may subject the offender to commitment under the
2    Sexually Violent Persons Commitment Act, or (vi) (v)
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof as defined in subparagraph (C) of
6    paragraph (1) of subsection (d) of Section 11-501 of the
7    Illinois Vehicle Code committed on or after January 1, 2011
8    (the effective date of Public Act 96-1230) this amendatory
9    Act of the 96th General Assembly.
10        The Director shall not award good conduct credit for
11    meritorious service under this paragraph (3) to an inmate
12    unless the inmate has served a minimum of 60 days of the
13    sentence; except nothing in this paragraph shall be
14    construed to permit the Director to extend an inmate's
15    sentence beyond that which was imposed by the court. Prior
16    to awarding credit under this paragraph (3), the Director
17    shall make a written determination that the inmate:
18            (A) is eligible for good conduct credit for
19        meritorious service;
20            (B) has served a minimum of 60 days, or as close to
21        60 days as the sentence will allow; and
22            (C) has met the eligibility criteria established
23        by rule.
24        The Director shall determine the form and content of
25    the written determination required in this subsection.
26        (4) The rules and regulations shall also provide that

 

 

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1    the good conduct credit accumulated and retained under
2    paragraph (2.1) of subsection (a) of this Section by any
3    inmate during specific periods of time in which such inmate
4    is engaged full-time in substance abuse programs,
5    correctional industry assignments, or educational programs
6    provided by the Department under this paragraph (4) and
7    satisfactorily completes the assigned program as
8    determined by the standards of the Department, shall be
9    multiplied by a factor of 1.25 for program participation
10    before August 11, 1993 and 1.50 for program participation
11    on or after that date. However, no inmate shall be eligible
12    for the additional good conduct credit under this paragraph
13    (4) or (4.1) of this subsection (a) while assigned to a
14    boot camp or electronic detention, or if convicted of an
15    offense enumerated in subdivision (a)(2)(i), (ii), or
16    (iii) of this Section that is committed on or after June
17    19, 1998 or subdivision (a)(2)(iv) of this Section that is
18    committed on or after June 23, 2005 (the effective date of
19    Public Act 94-71) or subdivision (a)(2)(v) of this Section
20    that is committed on or after August 13, 2007 (the
21    effective date of Public Act 95-134) or subdivision
22    (a)(2)(vi) when the offense is committed on or after June
23    1, 2008 (the effective date of Public Act 95-625) or
24    subdivision (a)(2)(vii) when the offense is committed on or
25    after July 23, 2010 (the effective date of Public Act
26    96-1224) this amendatory Act of the 96th General Assembly,

 

 

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1    or if convicted of aggravated driving under the influence
2    of alcohol, other drug or drugs, or intoxicating compound
3    or compounds, or any combination thereof as defined in
4    subparagraph (F) of paragraph (1) of subsection (d) of
5    Section 11-501 of the Illinois Vehicle Code, or if
6    convicted of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds, or any combination thereof as defined in
9    subparagraph (C) of paragraph (1) of subsection (d) of
10    Section 11-501 of the Illinois Vehicle Code committed on or
11    after January 1, 2011 (the effective date of Public Act
12    96-1230) this amendatory Act of the 96th General Assembly,
13    or if convicted of an offense enumerated in paragraph
14    (a)(2.4) of this Section that is committed on or after July
15    15, 1999 (the effective date of Public Act 91-121), or
16    first degree murder, a Class X felony, criminal sexual
17    assault, felony criminal sexual abuse, aggravated criminal
18    sexual abuse, aggravated battery with a firearm as
19    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
20    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
21    successor offenses with the same or substantially the same
22    elements, or any inchoate offenses relating to the
23    foregoing offenses. No inmate shall be eligible for the
24    additional good conduct credit under this paragraph (4) who
25    (i) has previously received increased good conduct credit
26    under this paragraph (4) and has subsequently been

 

 

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1    convicted of a felony, or (ii) has previously served more
2    than one prior sentence of imprisonment for a felony in an
3    adult correctional facility.
4        Educational, vocational, substance abuse and
5    correctional industry programs under which good conduct
6    credit may be increased under this paragraph (4) and
7    paragraph (4.1) of this subsection (a) shall be evaluated
8    by the Department on the basis of documented standards. The
9    Department shall report the results of these evaluations to
10    the Governor and the General Assembly by September 30th of
11    each year. The reports shall include data relating to the
12    recidivism rate among program participants.
13        Availability of these programs shall be subject to the
14    limits of fiscal resources appropriated by the General
15    Assembly for these purposes. Eligible inmates who are
16    denied immediate admission shall be placed on a waiting
17    list under criteria established by the Department. The
18    inability of any inmate to become engaged in any such
19    programs by reason of insufficient program resources or for
20    any other reason established under the rules and
21    regulations of the Department shall not be deemed a cause
22    of action under which the Department or any employee or
23    agent of the Department shall be liable for damages to the
24    inmate.
25        (4.1) The rules and regulations shall also provide that
26    an additional 60 days of good conduct credit shall be

 

 

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1    awarded to any prisoner who passes the high school level
2    Test of General Educational Development (GED) while the
3    prisoner is incarcerated. The good conduct credit awarded
4    under this paragraph (4.1) shall be in addition to, and
5    shall not affect, the award of good conduct under any other
6    paragraph of this Section, but shall also be pursuant to
7    the guidelines and restrictions set forth in paragraph (4)
8    of subsection (a) of this Section. The good conduct credit
9    provided for in this paragraph shall be available only to
10    those prisoners who have not previously earned a high
11    school diploma or a GED. If, after an award of the GED good
12    conduct credit has been made and the Department determines
13    that the prisoner was not eligible, then the award shall be
14    revoked.
15        (4.5) The rules and regulations on early release shall
16    also provide that when the court's sentencing order
17    recommends a prisoner for substance abuse treatment and the
18    crime was committed on or after September 1, 2003 (the
19    effective date of Public Act 93-354), the prisoner shall
20    receive no good conduct credit awarded under clause (3) of
21    this subsection (a) unless he or she participates in and
22    completes a substance abuse treatment program. The
23    Director may waive the requirement to participate in or
24    complete a substance abuse treatment program and award the
25    good conduct credit in specific instances if the prisoner
26    is not a good candidate for a substance abuse treatment

 

 

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1    program for medical, programming, or operational reasons.
2    Availability of substance abuse treatment shall be subject
3    to the limits of fiscal resources appropriated by the
4    General Assembly for these purposes. If treatment is not
5    available and the requirement to participate and complete
6    the treatment has not been waived by the Director, the
7    prisoner shall be placed on a waiting list under criteria
8    established by the Department. The Director may allow a
9    prisoner placed on a waiting list to participate in and
10    complete a substance abuse education class or attend
11    substance abuse self-help meetings in lieu of a substance
12    abuse treatment program. A prisoner on a waiting list who
13    is not placed in a substance abuse program prior to release
14    may be eligible for a waiver and receive good conduct
15    credit under clause (3) of this subsection (a) at the
16    discretion of the Director.
17        (4.6) The rules and regulations on early release shall
18    also provide that a prisoner who has been convicted of a
19    sex offense as defined in Section 2 of the Sex Offender
20    Registration Act shall receive no good conduct credit
21    unless he or she either has successfully completed or is
22    participating in sex offender treatment as defined by the
23    Sex Offender Management Board. However, prisoners who are
24    waiting to receive such treatment, but who are unable to do
25    so due solely to the lack of resources on the part of the
26    Department, may, at the Director's sole discretion, be

 

 

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1    awarded good conduct credit at such rate as the Director
2    shall determine.
3        (5) Whenever the Department is to release any inmate
4    earlier than it otherwise would because of a grant of good
5    conduct credit for meritorious service given at any time
6    during the term, the Department shall give reasonable
7    notice of the impending release not less than 14 days prior
8    to the date of the release to the State's Attorney of the
9    county where the prosecution of the inmate took place, and
10    if applicable, the State's Attorney of the county into
11    which the inmate will be released. The Department must also
12    make identification information and a recent photo of the
13    inmate being released accessible on the Internet by means
14    of a hyperlink labeled "Community Notification of Inmate
15    Early Release" on the Department's World Wide Web homepage.
16    The identification information shall include the inmate's:
17    name, any known alias, date of birth, physical
18    characteristics, residence address, commitment offense and
19    county where conviction was imposed. The identification
20    information shall be placed on the website within 3 days of
21    the inmate's release and the information may not be removed
22    until either: completion of the first year of mandatory
23    supervised release or return of the inmate to custody of
24    the Department.
25    (b) Whenever a person is or has been committed under
26several convictions, with separate sentences, the sentences

 

 

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1shall be construed under Section 5-8-4 in granting and
2forfeiting of good time.
3    (c) The Department shall prescribe rules and regulations
4for revoking good conduct credit, or suspending or reducing the
5rate of accumulation of good conduct credit for specific rule
6violations, during imprisonment. These rules and regulations
7shall provide that no inmate may be penalized more than one
8year of good conduct credit for any one infraction.
9    When the Department seeks to revoke, suspend or reduce the
10rate of accumulation of any good conduct credits for an alleged
11infraction of its rules, it shall bring charges therefor
12against the prisoner sought to be so deprived of good conduct
13credits before the Prisoner Review Board as provided in
14subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15amount of credit at issue exceeds 30 days or when during any 12
16month period, the cumulative amount of credit revoked exceeds
1730 days except where the infraction is committed or discovered
18within 60 days of scheduled release. In those cases, the
19Department of Corrections may revoke up to 30 days of good
20conduct credit. The Board may subsequently approve the
21revocation of additional good conduct credit, if the Department
22seeks to revoke good conduct credit in excess of 30 days.
23However, the Board shall not be empowered to review the
24Department's decision with respect to the loss of 30 days of
25good conduct credit within any calendar year for any prisoner
26or to increase any penalty beyond the length requested by the

 

 

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1Department.
2    The Director of the Department of Corrections, in
3appropriate cases, may restore up to 30 days good conduct
4credits which have been revoked, suspended or reduced. Any
5restoration of good conduct credits in excess of 30 days shall
6be subject to review by the Prisoner Review Board. However, the
7Board may not restore good conduct credit in excess of the
8amount requested by the Director.
9    Nothing contained in this Section shall prohibit the
10Prisoner Review Board from ordering, pursuant to Section
113-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12sentence imposed by the court that was not served due to the
13accumulation of good conduct credit.
14    (d) If a lawsuit is filed by a prisoner in an Illinois or
15federal court against the State, the Department of Corrections,
16or the Prisoner Review Board, or against any of their officers
17or employees, and the court makes a specific finding that a
18pleading, motion, or other paper filed by the prisoner is
19frivolous, the Department of Corrections shall conduct a
20hearing to revoke up to 180 days of good conduct credit by
21bringing charges against the prisoner sought to be deprived of
22the good conduct credits before the Prisoner Review Board as
23provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
24If the prisoner has not accumulated 180 days of good conduct
25credit at the time of the finding, then the Prisoner Review
26Board may revoke all good conduct credit accumulated by the

 

 

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1prisoner.
2    For purposes of this subsection (d):
3        (1) "Frivolous" means that a pleading, motion, or other
4    filing which purports to be a legal document filed by a
5    prisoner in his or her lawsuit meets any or all of the
6    following criteria:
7            (A) it lacks an arguable basis either in law or in
8        fact;
9            (B) it is being presented for any improper purpose,
10        such as to harass or to cause unnecessary delay or
11        needless increase in the cost of litigation;
12            (C) the claims, defenses, and other legal
13        contentions therein are not warranted by existing law
14        or by a nonfrivolous argument for the extension,
15        modification, or reversal of existing law or the
16        establishment of new law;
17            (D) the allegations and other factual contentions
18        do not have evidentiary support or, if specifically so
19        identified, are not likely to have evidentiary support
20        after a reasonable opportunity for further
21        investigation or discovery; or
22            (E) the denials of factual contentions are not
23        warranted on the evidence, or if specifically so
24        identified, are not reasonably based on a lack of
25        information or belief.
26        (2) "Lawsuit" means a motion pursuant to Section 116-3

 

 

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1    of the Code of Criminal Procedure of 1963, a habeas corpus
2    action under Article X of the Code of Civil Procedure or
3    under federal law (28 U.S.C. 2254), a petition for claim
4    under the Court of Claims Act, an action under the federal
5    Civil Rights Act (42 U.S.C. 1983), or a second or
6    subsequent petition for post-conviction relief under
7    Article 122 of the Code of Criminal Procedure of 1963
8    whether filed with or without leave of court or a second or
9    subsequent petition for relief from judgment under Section
10    2-1401 of the Code of Civil Procedure.
11    (e) Nothing in Public Act 90-592 or 90-593 affects the
12validity of Public Act 89-404.
13    (f) Whenever the Department is to release any inmate who
14has been convicted of a violation of an order of protection
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
16earlier than it otherwise would because of a grant of good
17conduct credit, the Department, as a condition of such early
18release, shall require that the person, upon release, be placed
19under electronic surveillance as provided in Section 5-8A-7 of
20this Code.
21(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
2295-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
2395-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
247-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
25eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 

 

 

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1    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
2    Sec. 5-3-2. Presentence Report.
3    (a) In felony cases, the presentence report shall set
4forth:
5        (1) the defendant's history of delinquency or
6    criminality, physical and mental history and condition,
7    family situation and background, economic status,
8    education, occupation and personal habits;
9        (2) information about special resources within the
10    community which might be available to assist the
11    defendant's rehabilitation, including treatment centers,
12    residential facilities, vocational training services,
13    correctional manpower programs, employment opportunities,
14    special educational programs, alcohol and drug abuse
15    programming, psychiatric and marriage counseling, and
16    other programs and facilities which could aid the
17    defendant's successful reintegration into society;
18        (3) the effect the offense committed has had upon the
19    victim or victims thereof, and any compensatory benefit
20    that various sentencing alternatives would confer on such
21    victim or victims;
22        (4) information concerning the defendant's status
23    since arrest, including his record if released on his own
24    recognizance, or the defendant's achievement record if
25    released on a conditional pre-trial supervision program;
26        (5) when appropriate, a plan, based upon the personal,

 

 

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1    economic and social adjustment needs of the defendant,
2    utilizing public and private community resources as an
3    alternative to institutional sentencing;
4        (6) any other matters that the investigatory officer
5    deems relevant or the court directs to be included; and
6        (7) information concerning defendant's eligibility for
7    a sentence to a county impact incarceration program under
8    Section 5-8-1.2 of this Code.
9    (b) The investigation shall include a physical and mental
10examination of the defendant when so ordered by the court. If
11the court determines that such an examination should be made,
12it shall issue an order that the defendant submit to
13examination at such time and place as designated by the court
14and that such examination be conducted by a physician,
15psychologist or psychiatrist designated by the court. Such an
16examination may be conducted in a court clinic if so ordered by
17the court. The cost of such examination shall be paid by the
18county in which the trial is held.
19    (b-5) In cases involving felony sex offenses in which the
20offender is being considered for probation only or any felony
21offense that is sexually motivated as defined in the Sex
22Offender Management Board Act in which the offender is being
23considered for probation only, the investigation shall include
24a sex offender evaluation by an evaluator approved by the Board
25and conducted in conformance with the standards developed under
26the Sex Offender Management Board Act. In cases in which the

 

 

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1offender is being considered for any mandatory prison sentence,
2the investigation shall not include a sex offender evaluation.
3    (c) In misdemeanor, business offense or petty offense
4cases, except as specified in subsection (d) of this Section,
5when a presentence report has been ordered by the court, such
6presentence report shall contain information on the
7defendant's history of delinquency or criminality and shall
8further contain only those matters listed in any of paragraphs
9(1) through (6) of subsection (a) or in subsection (b) of this
10Section as are specified by the court in its order for the
11report.
12    (d) In cases under Section 12-15 and Section 12-3.4 or
1312-30 of the Criminal Code of 1961, as amended, the presentence
14report shall set forth information about alcohol, drug abuse,
15psychiatric, and marriage counseling or other treatment
16programs and facilities, information on the defendant's
17history of delinquency or criminality, and shall contain those
18additional matters listed in any of paragraphs (1) through (6)
19of subsection (a) or in subsection (b) of this Section as are
20specified by the court.
21    (e) Nothing in this Section shall cause the defendant to be
22held without bail or to have his bail revoked for the purpose
23of preparing the presentence report or making an examination.
24(Source: P.A. 96-322, eff. 1-1-10.)
 
25    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)

 

 

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1    Sec. 5-5-3. Disposition.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (1) (Blank).
5        (2) A period of probation, a term of periodic
6    imprisonment or conditional discharge shall not be imposed
7    for the following offenses. The court shall sentence the
8    offender to not less than the minimum term of imprisonment
9    set forth in this Code for the following offenses, and may
10    order a fine or restitution or both in conjunction with
11    such term of imprisonment:
12            (A) First degree murder where the death penalty is
13        not imposed.
14            (B) Attempted first degree murder.
15            (C) A Class X felony.
16            (D) A violation of Section 401.1 or 407 of the
17        Illinois Controlled Substances Act, or a violation of
18        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
19        of that Act which relates to more than 5 grams of a
20        substance containing heroin, cocaine, fentanyl, or an
21        analog thereof.
22            (E) A violation of Section 5.1 or 9 of the Cannabis
23        Control Act.
24            (F) A Class 2 or greater felony if the offender had
25        been convicted of a Class 2 or greater felony,
26        including any state or federal conviction for an

 

 

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1        offense that contained, at the time it was committed,
2        the same elements as an offense now (the date of the
3        offense committed after the prior Class 2 or greater
4        felony) classified as a Class 2 or greater felony,
5        within 10 years of the date on which the offender
6        committed the offense for which he or she is being
7        sentenced, except as otherwise provided in Section
8        40-10 of the Alcoholism and Other Drug Abuse and
9        Dependency Act.
10            (F-5) A violation of Section 24-1, 24-1.1, or
11        24-1.6 of the Criminal Code of 1961 for which
12        imprisonment is prescribed in those Sections.
13            (G) Residential burglary, except as otherwise
14        provided in Section 40-10 of the Alcoholism and Other
15        Drug Abuse and Dependency Act.
16            (H) Criminal sexual assault.
17            (I) Aggravated battery of a senior citizen as
18        described in Section 12-4.6 or subdivision (a)(4) of
19        Section 12-3.05.
20            (J) A forcible felony if the offense was related to
21        the activities of an organized gang.
22            Before July 1, 1994, for the purposes of this
23        paragraph, "organized gang" means an association of 5
24        or more persons, with an established hierarchy, that
25        encourages members of the association to perpetrate
26        crimes or provides support to the members of the

 

 

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1        association who do commit crimes.
2            Beginning July 1, 1994, for the purposes of this
3        paragraph, "organized gang" has the meaning ascribed
4        to it in Section 10 of the Illinois Streetgang
5        Terrorism Omnibus Prevention Act.
6            (K) Vehicular hijacking.
7            (L) A second or subsequent conviction for the
8        offense of hate crime when the underlying offense upon
9        which the hate crime is based is felony aggravated
10        assault or felony mob action.
11            (M) A second or subsequent conviction for the
12        offense of institutional vandalism if the damage to the
13        property exceeds $300.
14            (N) A Class 3 felony violation of paragraph (1) of
15        subsection (a) of Section 2 of the Firearm Owners
16        Identification Card Act.
17            (O) A violation of Section 12-6.1 or 12-6.5 of the
18        Criminal Code of 1961.
19            (P) A violation of paragraph (1), (2), (3), (4),
20        (5), or (7) of subsection (a) of Section 11-20.1 of the
21        Criminal Code of 1961.
22            (Q) A violation of Section 20-1.2 or 20-1.3 of the
23        Criminal Code of 1961.
24            (R) A violation of Section 24-3A of the Criminal
25        Code of 1961.
26            (S) (Blank).

 

 

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1            (T) A second or subsequent violation of the
2        Methamphetamine Control and Community Protection Act.
3            (U) A second or subsequent violation of Section
4        6-303 of the Illinois Vehicle Code committed while his
5        or her driver's license, permit, or privilege was
6        revoked because of a violation of Section 9-3 of the
7        Criminal Code of 1961, relating to the offense of
8        reckless homicide, or a similar provision of a law of
9        another state.
10            (V) A violation of paragraph (4) of subsection (c)
11        of Section 11-20.3 of the Criminal Code of 1961.
12            (W) A violation of Section 24-3.5 of the Criminal
13        Code of 1961.
14            (X) A violation of subsection (a) of Section 31-1a
15        of the Criminal Code of 1961.
16            (Y) A conviction for unlawful possession of a
17        firearm by a street gang member when the firearm was
18        loaded or contained firearm ammunition.
19            (Z) A Class 1 felony committed while he or she was
20        serving a term of probation or conditional discharge
21        for a felony.
22            (AA) Theft of property exceeding $500,000 and not
23        exceeding $1,000,000 in value.
24            (BB) Laundering of criminally derived property of
25        a value exceeding $500,000.
26            (CC) Knowingly selling, offering for sale, holding

 

 

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1        for sale, or using 2,000 or more counterfeit items or
2        counterfeit items having a retail value in the
3        aggregate of $500,000 or more.
4        (3) (Blank).
5        (4) A minimum term of imprisonment of not less than 10
6    consecutive days or 30 days of community service shall be
7    imposed for a violation of paragraph (c) of Section 6-303
8    of the Illinois Vehicle Code.
9        (4.1) (Blank).
10        (4.2) Except as provided in paragraphs (4.3) and (4.8)
11    of this subsection (c), a minimum of 100 hours of community
12    service shall be imposed for a second violation of Section
13    6-303 of the Illinois Vehicle Code.
14        (4.3) A minimum term of imprisonment of 30 days or 300
15    hours of community service, as determined by the court,
16    shall be imposed for a second violation of subsection (c)
17    of Section 6-303 of the Illinois Vehicle Code.
18        (4.4) Except as provided in paragraphs (4.5), (4.6),
19    and (4.9) of this subsection (c), a minimum term of
20    imprisonment of 30 days or 300 hours of community service,
21    as determined by the court, shall be imposed for a third or
22    subsequent violation of Section 6-303 of the Illinois
23    Vehicle Code.
24        (4.5) A minimum term of imprisonment of 30 days shall
25    be imposed for a third violation of subsection (c) of
26    Section 6-303 of the Illinois Vehicle Code.

 

 

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1        (4.6) Except as provided in paragraph (4.10) of this
2    subsection (c), a minimum term of imprisonment of 180 days
3    shall be imposed for a fourth or subsequent violation of
4    subsection (c) of Section 6-303 of the Illinois Vehicle
5    Code.
6        (4.7) A minimum term of imprisonment of not less than
7    30 consecutive days, or 300 hours of community service,
8    shall be imposed for a violation of subsection (a-5) of
9    Section 6-303 of the Illinois Vehicle Code, as provided in
10    subsection (b-5) of that Section.
11        (4.8) A mandatory prison sentence shall be imposed for
12    a second violation of subsection (a-5) of Section 6-303 of
13    the Illinois Vehicle Code, as provided in subsection (c-5)
14    of that Section. The person's driving privileges shall be
15    revoked for a period of not less than 5 years from the date
16    of his or her release from prison.
17        (4.9) A mandatory prison sentence of not less than 4
18    and not more than 15 years shall be imposed for a third
19    violation of subsection (a-5) of Section 6-303 of the
20    Illinois Vehicle Code, as provided in subsection (d-2.5) of
21    that Section. The person's driving privileges shall be
22    revoked for the remainder of his or her life.
23        (4.10) A mandatory prison sentence for a Class 1 felony
24    shall be imposed, and the person shall be eligible for an
25    extended term sentence, for a fourth or subsequent
26    violation of subsection (a-5) of Section 6-303 of the

 

 

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1    Illinois Vehicle Code, as provided in subsection (d-3.5) of
2    that Section. The person's driving privileges shall be
3    revoked for the remainder of his or her life.
4        (5) The court may sentence a corporation or
5    unincorporated association convicted of any offense to:
6            (A) a period of conditional discharge;
7            (B) a fine;
8            (C) make restitution to the victim under Section
9        5-5-6 of this Code.
10        (5.1) In addition to any other penalties imposed, and
11    except as provided in paragraph (5.2) or (5.3), a person
12    convicted of violating subsection (c) of Section 11-907 of
13    the Illinois Vehicle Code shall have his or her driver's
14    license, permit, or privileges suspended for at least 90
15    days but not more than one year, if the violation resulted
16    in damage to the property of another person.
17        (5.2) In addition to any other penalties imposed, and
18    except as provided in paragraph (5.3), a person convicted
19    of violating subsection (c) of Section 11-907 of the
20    Illinois Vehicle Code shall have his or her driver's
21    license, permit, or privileges suspended for at least 180
22    days but not more than 2 years, if the violation resulted
23    in injury to another person.
24        (5.3) In addition to any other penalties imposed, a
25    person convicted of violating subsection (c) of Section
26    11-907 of the Illinois Vehicle Code shall have his or her

 

 

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1    driver's license, permit, or privileges suspended for 2
2    years, if the violation resulted in the death of another
3    person.
4        (5.4) In addition to any other penalties imposed, a
5    person convicted of violating Section 3-707 of the Illinois
6    Vehicle Code shall have his or her driver's license,
7    permit, or privileges suspended for 3 months and until he
8    or she has paid a reinstatement fee of $100.
9        (5.5) In addition to any other penalties imposed, a
10    person convicted of violating Section 3-707 of the Illinois
11    Vehicle Code during a period in which his or her driver's
12    license, permit, or privileges were suspended for a
13    previous violation of that Section shall have his or her
14    driver's license, permit, or privileges suspended for an
15    additional 6 months after the expiration of the original
16    3-month suspension and until he or she has paid a
17    reinstatement fee of $100.
18        (6) (Blank).
19        (7) (Blank).
20        (8) (Blank).
21        (9) A defendant convicted of a second or subsequent
22    offense of ritualized abuse of a child may be sentenced to
23    a term of natural life imprisonment.
24        (10) (Blank).
25        (11) The court shall impose a minimum fine of $1,000
26    for a first offense and $2,000 for a second or subsequent

 

 

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1    offense upon a person convicted of or placed on supervision
2    for battery when the individual harmed was a sports
3    official or coach at any level of competition and the act
4    causing harm to the sports official or coach occurred
5    within an athletic facility or within the immediate
6    vicinity of the athletic facility at which the sports
7    official or coach was an active participant of the athletic
8    contest held at the athletic facility. For the purposes of
9    this paragraph (11), "sports official" means a person at an
10    athletic contest who enforces the rules of the contest,
11    such as an umpire or referee; "athletic facility" means an
12    indoor or outdoor playing field or recreational area where
13    sports activities are conducted; and "coach" means a person
14    recognized as a coach by the sanctioning authority that
15    conducted the sporting event.
16        (12) A person may not receive a disposition of court
17    supervision for a violation of Section 5-16 of the Boat
18    Registration and Safety Act if that person has previously
19    received a disposition of court supervision for a violation
20    of that Section.
21        (13) A person convicted of or placed on court
22    supervision for an assault or aggravated assault when the
23    victim and the offender are family or household members as
24    defined in Section 103 of the Illinois Domestic Violence
25    Act of 1986 or convicted of domestic battery or aggravated
26    domestic battery may be required to attend a Partner Abuse

 

 

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1    Intervention Program under protocols set forth by the
2    Illinois Department of Human Services under such terms and
3    conditions imposed by the court. The costs of such classes
4    shall be paid by the offender.
5    (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of the
8Unified Code of Corrections which may include evidence of the
9defendant's life, moral character and occupation during the
10time since the original sentence was passed. The trial court
11shall then impose sentence upon the defendant. The trial court
12may impose any sentence which could have been imposed at the
13original trial subject to Section 5-5-4 of the Unified Code of
14Corrections. If a sentence is vacated on appeal or on
15collateral attack due to the failure of the trier of fact at
16trial to determine beyond a reasonable doubt the existence of a
17fact (other than a prior conviction) necessary to increase the
18punishment for the offense beyond the statutory maximum
19otherwise applicable, either the defendant may be re-sentenced
20to a term within the range otherwise provided or, if the State
21files notice of its intention to again seek the extended
22sentence, the defendant shall be afforded a new trial.
23    (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 12-16 of the Criminal Code of 1961
25results in conviction of a defendant who was a family member of
26the victim at the time of the commission of the offense, the

 

 

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1court shall consider the safety and welfare of the victim and
2may impose a sentence of probation only where:
3        (1) the court finds (A) or (B) or both are appropriate:
4            (A) the defendant is willing to undergo a court
5        approved counseling program for a minimum duration of 2
6        years; or
7            (B) the defendant is willing to participate in a
8        court approved plan including but not limited to the
9        defendant's:
10                (i) removal from the household;
11                (ii) restricted contact with the victim;
12                (iii) continued financial support of the
13            family;
14                (iv) restitution for harm done to the victim;
15            and
16                (v) compliance with any other measures that
17            the court may deem appropriate; and
18        (2) the court orders the defendant to pay for the
19    victim's counseling services, to the extent that the court
20    finds, after considering the defendant's income and
21    assets, that the defendant is financially capable of paying
22    for such services, if the victim was under 18 years of age
23    at the time the offense was committed and requires
24    counseling as a result of the offense.
25    Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

 

 

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1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6    For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
812-12 of the Criminal Code of 1961.
9    (f) (Blank).
10    (g) Whenever a defendant is convicted of an offense under
11Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
1211-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
13of the Criminal Code of 1961, the defendant shall undergo
14medical testing to determine whether the defendant has any
15sexually transmissible disease, including a test for infection
16with human immunodeficiency virus (HIV) or any other identified
17causative agent of acquired immunodeficiency syndrome (AIDS).
18Any such medical test shall be performed only by appropriately
19licensed medical practitioners and may include an analysis of
20any bodily fluids as well as an examination of the defendant's
21person. Except as otherwise provided by law, the results of
22such test shall be kept strictly confidential by all medical
23personnel involved in the testing and must be personally
24delivered in a sealed envelope to the judge of the court in
25which the conviction was entered for the judge's inspection in
26camera. Acting in accordance with the best interests of the

 

 

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1victim and the public, the judge shall have the discretion to
2determine to whom, if anyone, the results of the testing may be
3revealed. The court shall notify the defendant of the test
4results. The court shall also notify the victim if requested by
5the victim, and if the victim is under the age of 15 and if
6requested by the victim's parents or legal guardian, the court
7shall notify the victim's parents or legal guardian of the test
8results. The court shall provide information on the
9availability of HIV testing and counseling at Department of
10Public Health facilities to all parties to whom the results of
11the testing are revealed and shall direct the State's Attorney
12to provide the information to the victim when possible. A
13State's Attorney may petition the court to obtain the results
14of any HIV test administered under this Section, and the court
15shall grant the disclosure if the State's Attorney shows it is
16relevant in order to prosecute a charge of criminal
17transmission of HIV under Section 12-5.01 or 12-16.2 of the
18Criminal Code of 1961 against the defendant. The court shall
19order that the cost of any such test shall be paid by the
20county and may be taxed as costs against the convicted
21defendant.
22    (g-5) When an inmate is tested for an airborne communicable
23disease, as determined by the Illinois Department of Public
24Health including but not limited to tuberculosis, the results
25of the test shall be personally delivered by the warden or his
26or her designee in a sealed envelope to the judge of the court

 

 

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1in which the inmate must appear for the judge's inspection in
2camera if requested by the judge. Acting in accordance with the
3best interests of those in the courtroom, the judge shall have
4the discretion to determine what if any precautions need to be
5taken to prevent transmission of the disease in the courtroom.
6    (h) Whenever a defendant is convicted of an offense under
7Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8defendant shall undergo medical testing to determine whether
9the defendant has been exposed to human immunodeficiency virus
10(HIV) or any other identified causative agent of acquired
11immunodeficiency syndrome (AIDS). Except as otherwise provided
12by law, the results of such test shall be kept strictly
13confidential by all medical personnel involved in the testing
14and must be personally delivered in a sealed envelope to the
15judge of the court in which the conviction was entered for the
16judge's inspection in camera. Acting in accordance with the
17best interests of the public, the judge shall have the
18discretion to determine to whom, if anyone, the results of the
19testing may be revealed. The court shall notify the defendant
20of a positive test showing an infection with the human
21immunodeficiency virus (HIV). The court shall provide
22information on the availability of HIV testing and counseling
23at Department of Public Health facilities to all parties to
24whom the results of the testing are revealed and shall direct
25the State's Attorney to provide the information to the victim
26when possible. A State's Attorney may petition the court to

 

 

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1obtain the results of any HIV test administered under this
2Section, and the court shall grant the disclosure if the
3State's Attorney shows it is relevant in order to prosecute a
4charge of criminal transmission of HIV under Section 12-5.01 or
512-16.2 of the Criminal Code of 1961 against the defendant. The
6court shall order that the cost of any such test shall be paid
7by the county and may be taxed as costs against the convicted
8defendant.
9    (i) All fines and penalties imposed under this Section for
10any violation of Chapters 3, 4, 6, and 11 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, and
12any violation of the Child Passenger Protection Act, or a
13similar provision of a local ordinance, shall be collected and
14disbursed by the circuit clerk as provided under Section 27.5
15of the Clerks of Courts Act.
16    (j) In cases when prosecution for any violation of Section
1711-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
1811-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1911-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
20Code of 1961, any violation of the Illinois Controlled
21Substances Act, any violation of the Cannabis Control Act, or
22any violation of the Methamphetamine Control and Community
23Protection Act results in conviction, a disposition of court
24supervision, or an order of probation granted under Section 10
25of the Cannabis Control Act, Section 410 of the Illinois
26Controlled Substance Act, or Section 70 of the Methamphetamine

 

 

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1Control and Community Protection Act of a defendant, the court
2shall determine whether the defendant is employed by a facility
3or center as defined under the Child Care Act of 1969, a public
4or private elementary or secondary school, or otherwise works
5with children under 18 years of age on a daily basis. When a
6defendant is so employed, the court shall order the Clerk of
7the Court to send a copy of the judgment of conviction or order
8of supervision or probation to the defendant's employer by
9certified mail. If the employer of the defendant is a school,
10the Clerk of the Court shall direct the mailing of a copy of
11the judgment of conviction or order of supervision or probation
12to the appropriate regional superintendent of schools. The
13regional superintendent of schools shall notify the State Board
14of Education of any notification under this subsection.
15    (j-5) A defendant at least 17 years of age who is convicted
16of a felony and who has not been previously convicted of a
17misdemeanor or felony and who is sentenced to a term of
18imprisonment in the Illinois Department of Corrections shall as
19a condition of his or her sentence be required by the court to
20attend educational courses designed to prepare the defendant
21for a high school diploma and to work toward a high school
22diploma or to work toward passing the high school level Test of
23General Educational Development (GED) or to work toward
24completing a vocational training program offered by the
25Department of Corrections. If a defendant fails to complete the
26educational training required by his or her sentence during the

 

 

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1term of incarceration, the Prisoner Review Board shall, as a
2condition of mandatory supervised release, require the
3defendant, at his or her own expense, to pursue a course of
4study toward a high school diploma or passage of the GED test.
5The Prisoner Review Board shall revoke the mandatory supervised
6release of a defendant who wilfully fails to comply with this
7subsection (j-5) upon his or her release from confinement in a
8penal institution while serving a mandatory supervised release
9term; however, the inability of the defendant after making a
10good faith effort to obtain financial aid or pay for the
11educational training shall not be deemed a wilful failure to
12comply. The Prisoner Review Board shall recommit the defendant
13whose mandatory supervised release term has been revoked under
14this subsection (j-5) as provided in Section 3-3-9. This
15subsection (j-5) does not apply to a defendant who has a high
16school diploma or has successfully passed the GED test. This
17subsection (j-5) does not apply to a defendant who is
18determined by the court to be developmentally disabled or
19otherwise mentally incapable of completing the educational or
20vocational program.
21    (k) (Blank).
22    (l) (A) Except as provided in paragraph (C) of subsection
23    (l), whenever a defendant, who is an alien as defined by
24    the Immigration and Nationality Act, is convicted of any
25    felony or misdemeanor offense, the court after sentencing
26    the defendant may, upon motion of the State's Attorney,

 

 

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

 

 

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1        (C) This subsection (l) does not apply to offenders who
2    are subject to the provisions of paragraph (2) of
3    subsection (a) of Section 3-6-3.
4        (D) Upon motion of the State's Attorney, if a defendant
5    sentenced under this Section returns to the jurisdiction of
6    the United States, the defendant shall be recommitted to
7    the custody of the county from which he or she was
8    sentenced. Thereafter, the defendant shall be brought
9    before the sentencing court, which may impose any sentence
10    that was available under Section 5-5-3 at the time of
11    initial sentencing. In addition, the defendant shall not be
12    eligible for additional good conduct credit for
13    meritorious service as provided under Section 3-6-6.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961, in which the
16property damage exceeds $300 and the property damaged is a
17school building, shall be ordered to perform community service
18that may include cleanup, removal, or painting over the
19defacement.
20    (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
22or (b) of Section 12-4.4a, of the Criminal Code of 1961 (i) to
23an impact incarceration program if the person is otherwise
24eligible for that program under Section 5-8-1.1, (ii) to
25community service, or (iii) if the person is an addict or
26alcoholic, as defined in the Alcoholism and Other Drug Abuse

 

 

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1and Dependency Act, to a substance or alcohol abuse program
2licensed under that Act.
3    (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions of
7license renewal established by the Secretary of State.
8(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
995-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
1095-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
117-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
12eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
13    (730 ILCS 5/5-5-3.2)
14    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
15Sentencing.
16    (a) The following factors shall be accorded weight in favor
17of imposing a term of imprisonment or may be considered by the
18court as reasons to impose a more severe sentence under Section
195-8-1 or Article 4.5 of Chapter V:
20        (1) the defendant's conduct caused or threatened
21    serious harm;
22        (2) the defendant received compensation for committing
23    the offense;
24        (3) the defendant has a history of prior delinquency or
25    criminal activity;

 

 

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1        (4) the defendant, by the duties of his office or by
2    his position, was obliged to prevent the particular offense
3    committed or to bring the offenders committing it to
4    justice;
5        (5) the defendant held public office at the time of the
6    offense, and the offense related to the conduct of that
7    office;
8        (6) the defendant utilized his professional reputation
9    or position in the community to commit the offense, or to
10    afford him an easier means of committing it;
11        (7) the sentence is necessary to deter others from
12    committing the same crime;
13        (8) the defendant committed the offense against a
14    person 60 years of age or older or such person's property;
15        (9) the defendant committed the offense against a
16    person who is physically handicapped or such person's
17    property;
18        (10) by reason of another individual's actual or
19    perceived race, color, creed, religion, ancestry, gender,
20    sexual orientation, physical or mental disability, or
21    national origin, the defendant committed the offense
22    against (i) the person or property of that individual; (ii)
23    the person or property of a person who has an association
24    with, is married to, or has a friendship with the other
25    individual; or (iii) the person or property of a relative
26    (by blood or marriage) of a person described in clause (i)

 

 

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1    or (ii). For the purposes of this Section, "sexual
2    orientation" means heterosexuality, homosexuality, or
3    bisexuality;
4        (11) the offense took place in a place of worship or on
5    the grounds of a place of worship, immediately prior to,
6    during or immediately following worship services. For
7    purposes of this subparagraph, "place of worship" shall
8    mean any church, synagogue or other building, structure or
9    place used primarily for religious worship;
10        (12) the defendant was convicted of a felony committed
11    while he was released on bail or his own recognizance
12    pending trial for a prior felony and was convicted of such
13    prior felony, or the defendant was convicted of a felony
14    committed while he was serving a period of probation,
15    conditional discharge, or mandatory supervised release
16    under subsection (d) of Section 5-8-1 for a prior felony;
17        (13) the defendant committed or attempted to commit a
18    felony while he was wearing a bulletproof vest. For the
19    purposes of this paragraph (13), a bulletproof vest is any
20    device which is designed for the purpose of protecting the
21    wearer from bullets, shot or other lethal projectiles;
22        (14) the defendant held a position of trust or
23    supervision such as, but not limited to, family member as
24    defined in Section 12-12 of the Criminal Code of 1961,
25    teacher, scout leader, baby sitter, or day care worker, in
26    relation to a victim under 18 years of age, and the

 

 

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1    defendant committed an offense in violation of Section
2    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
3    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
4    against that victim;
5        (15) the defendant committed an offense related to the
6    activities of an organized gang. For the purposes of this
7    factor, "organized gang" has the meaning ascribed to it in
8    Section 10 of the Streetgang Terrorism Omnibus Prevention
9    Act;
10        (16) the defendant committed an offense in violation of
11    one of the following Sections while in a school, regardless
12    of the time of day or time of year; on any conveyance
13    owned, leased, or contracted by a school to transport
14    students to or from school or a school related activity; on
15    the real property of a school; or on a public way within
16    1,000 feet of the real property comprising any school:
17    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
18    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
19    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20    18-2, or 33A-2, or Section 12-3.05 except for subdivision
21    (a)(4) or (g)(1), of the Criminal Code of 1961;
22        (16.5) the defendant committed an offense in violation
23    of one of the following Sections while in a day care
24    center, regardless of the time of day or time of year; on
25    the real property of a day care center, regardless of the
26    time of day or time of year; or on a public way within

 

 

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1    1,000 feet of the real property comprising any day care
2    center, regardless of the time of day or time of year:
3    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
4    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
6    18-2, or 33A-2, or Section 12-3.05 except for subdivision
7    (a)(4) or (g)(1), of the Criminal Code of 1961;
8        (17) the defendant committed the offense by reason of
9    any person's activity as a community policing volunteer or
10    to prevent any person from engaging in activity as a
11    community policing volunteer. For the purpose of this
12    Section, "community policing volunteer" has the meaning
13    ascribed to it in Section 2-3.5 of the Criminal Code of
14    1961;
15        (18) the defendant committed the offense in a nursing
16    home or on the real property comprising a nursing home. For
17    the purposes of this paragraph (18), "nursing home" means a
18    skilled nursing or intermediate long term care facility
19    that is subject to license by the Illinois Department of
20    Public Health under the Nursing Home Care Act or the MR/DD
21    Community Care Act;
22        (19) the defendant was a federally licensed firearm
23    dealer and was previously convicted of a violation of
24    subsection (a) of Section 3 of the Firearm Owners
25    Identification Card Act and has now committed either a
26    felony violation of the Firearm Owners Identification Card

 

 

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1    Act or an act of armed violence while armed with a firearm;
2        (20) the defendant (i) committed the offense of
3    reckless homicide under Section 9-3 of the Criminal Code of
4    1961 or the offense of driving under the influence of
5    alcohol, other drug or drugs, intoxicating compound or
6    compounds or any combination thereof under Section 11-501
7    of the Illinois Vehicle Code or a similar provision of a
8    local ordinance and (ii) was operating a motor vehicle in
9    excess of 20 miles per hour over the posted speed limit as
10    provided in Article VI of Chapter 11 of the Illinois
11    Vehicle Code;
12        (21) the defendant (i) committed the offense of
13    reckless driving or aggravated reckless driving under
14    Section 11-503 of the Illinois Vehicle Code and (ii) was
15    operating a motor vehicle in excess of 20 miles per hour
16    over the posted speed limit as provided in Article VI of
17    Chapter 11 of the Illinois Vehicle Code;
18        (22) the defendant committed the offense against a
19    person that the defendant knew, or reasonably should have
20    known, was a member of the Armed Forces of the United
21    States serving on active duty. For purposes of this clause
22    (22), the term "Armed Forces" means any of the Armed Forces
23    of the United States, including a member of any reserve
24    component thereof or National Guard unit called to active
25    duty;
26        (23) the defendant committed the offense against a

 

 

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1    person who was elderly, disabled, or infirm by taking
2    advantage of a family or fiduciary relationship with the
3    elderly, disabled, or infirm person;
4        (24) the defendant committed any offense under Section
5    11-20.1 of the Criminal Code of 1961 and possessed 100 or
6    more images;
7        (25) the defendant committed the offense while the
8    defendant or the victim was in a train, bus, or other
9    vehicle used for public transportation; or
10        (26) the defendant committed the offense of child
11    pornography or aggravated child pornography, specifically
12    including paragraph (1), (2), (3), (4), (5), or (7) of
13    subsection (a) of Section 11-20.1 of the Criminal Code of
14    1961 where a child engaged in, solicited for, depicted in,
15    or posed in any act of sexual penetration or bound,
16    fettered, or subject to sadistic, masochistic, or
17    sadomasochistic abuse in a sexual context and specifically
18    including paragraph (1), (2), (3), (4), (5), or (7) of
19    subsection (a) of Section 11-20.3 of the Criminal Code of
20    1961 where a child engaged in, solicited for, depicted in,
21    or posed in any act of sexual penetration or bound,
22    fettered, or subject to sadistic, masochistic, or
23    sadomasochistic abuse in a sexual context; or
24        (27) the defendant committed the offense of first
25    degree murder, assault, aggravated assault, battery,
26    aggravated battery, robbery, armed robbery, or aggravated

 

 

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1    robbery against a person who was a veteran and the
2    defendant knew, or reasonably should have known, that the
3    person was a veteran performing duties as a representative
4    of a veterans' organization. For the purposes of this
5    paragraph (27), "veteran" means an Illinois resident who
6    has served as a member of the United States Armed Forces, a
7    member of the Illinois National Guard, or a member of the
8    United States Reserve Forces; and "veterans' organization"
9    means an organization comprised of members of which
10    substantially all are individuals who are veterans or
11    spouses, widows, or widowers of veterans, the primary
12    purpose of which is to promote the welfare of its members
13    and to provide assistance to the general public in such a
14    way as to confer a public benefit.
15    For the purposes of this Section:
16    "School" is defined as a public or private elementary or
17secondary school, community college, college, or university.
18    "Day care center" means a public or private State certified
19and licensed day care center as defined in Section 2.09 of the
20Child Care Act of 1969 that displays a sign in plain view
21stating that the property is a day care center.
22    "Public transportation" means the transportation or
23conveyance of persons by means available to the general public,
24and includes paratransit services.
25    (b) The following factors, related to all felonies, may be
26considered by the court as reasons to impose an extended term

 

 

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1sentence under Section 5-8-2 upon any offender:
2        (1) When a defendant is convicted of any felony, after
3    having been previously convicted in Illinois or any other
4    jurisdiction of the same or similar class felony or greater
5    class felony, when such conviction has occurred within 10
6    years after the previous conviction, excluding time spent
7    in custody, and such charges are separately brought and
8    tried and arise out of different series of acts; or
9        (2) When a defendant is convicted of any felony and the
10    court finds that the offense was accompanied by
11    exceptionally brutal or heinous behavior indicative of
12    wanton cruelty; or
13        (3) When a defendant is convicted of any felony
14    committed against:
15            (i) a person under 12 years of age at the time of
16        the offense or such person's property;
17            (ii) a person 60 years of age or older at the time
18        of the offense or such person's property; or
19            (iii) a person physically handicapped at the time
20        of the offense or such person's property; or
21        (4) When a defendant is convicted of any felony and the
22    offense involved any of the following types of specific
23    misconduct committed as part of a ceremony, rite,
24    initiation, observance, performance, practice or activity
25    of any actual or ostensible religious, fraternal, or social
26    group:

 

 

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1            (i) the brutalizing or torturing of humans or
2        animals;
3            (ii) the theft of human corpses;
4            (iii) the kidnapping of humans;
5            (iv) the desecration of any cemetery, religious,
6        fraternal, business, governmental, educational, or
7        other building or property; or
8            (v) ritualized abuse of a child; or
9        (5) When a defendant is convicted of a felony other
10    than conspiracy and the court finds that the felony was
11    committed under an agreement with 2 or more other persons
12    to commit that offense and the defendant, with respect to
13    the other individuals, occupied a position of organizer,
14    supervisor, financier, or any other position of management
15    or leadership, and the court further finds that the felony
16    committed was related to or in furtherance of the criminal
17    activities of an organized gang or was motivated by the
18    defendant's leadership in an organized gang; or
19        (6) When a defendant is convicted of an offense
20    committed while using a firearm with a laser sight attached
21    to it. For purposes of this paragraph, "laser sight" has
22    the meaning ascribed to it in Section 24.6-5 of the
23    Criminal Code of 1961; or
24        (7) When a defendant who was at least 17 years of age
25    at the time of the commission of the offense is convicted
26    of a felony and has been previously adjudicated a

 

 

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1    delinquent minor under the Juvenile Court Act of 1987 for
2    an act that if committed by an adult would be a Class X or
3    Class 1 felony when the conviction has occurred within 10
4    years after the previous adjudication, excluding time
5    spent in custody; or
6        (8) When a defendant commits any felony and the
7    defendant used, possessed, exercised control over, or
8    otherwise directed an animal to assault a law enforcement
9    officer engaged in the execution of his or her official
10    duties or in furtherance of the criminal activities of an
11    organized gang in which the defendant is engaged.
12    (c) The following factors may be considered by the court as
13reasons to impose an extended term sentence under Section 5-8-2
14(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
15        (1) When a defendant is convicted of first degree
16    murder, after having been previously convicted in Illinois
17    of any offense listed under paragraph (c)(2) of Section
18    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
19    within 10 years after the previous conviction, excluding
20    time spent in custody, and the charges are separately
21    brought and tried and arise out of different series of
22    acts.
23        (1.5) When a defendant is convicted of first degree
24    murder, after having been previously convicted of domestic
25    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
26    (720 ILCS 5/12-3.3) committed on the same victim or after

 

 

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1    having been previously convicted of violation of an order
2    of protection (720 ILCS 5/12-30) in which the same victim
3    was the protected person.
4        (2) When a defendant is convicted of voluntary
5    manslaughter, second degree murder, involuntary
6    manslaughter, or reckless homicide in which the defendant
7    has been convicted of causing the death of more than one
8    individual.
9        (3) When a defendant is convicted of aggravated
10    criminal sexual assault or criminal sexual assault, when
11    there is a finding that aggravated criminal sexual assault
12    or criminal sexual assault was also committed on the same
13    victim by one or more other individuals, and the defendant
14    voluntarily participated in the crime with the knowledge of
15    the participation of the others in the crime, and the
16    commission of the crime was part of a single course of
17    conduct during which there was no substantial change in the
18    nature of the criminal objective.
19        (4) If the victim was under 18 years of age at the time
20    of the commission of the offense, when a defendant is
21    convicted of aggravated criminal sexual assault or
22    predatory criminal sexual assault of a child under
23    subsection (a)(1) of Section 12-14.1 of the Criminal Code
24    of 1961 (720 ILCS 5/12-14.1).
25        (5) When a defendant is convicted of a felony violation
26    of Section 24-1 of the Criminal Code of 1961 (720 ILCS

 

 

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1    5/24-1) and there is a finding that the defendant is a
2    member of an organized gang.
3        (6) When a defendant was convicted of unlawful use of
4    weapons under Section 24-1 of the Criminal Code of 1961
5    (720 ILCS 5/24-1) for possessing a weapon that is not
6    readily distinguishable as one of the weapons enumerated in
7    Section 24-1 of the Criminal Code of 1961 (720 ILCS
8    5/24-1).
9        (7) When a defendant is convicted of an offense
10    involving the illegal manufacture of a controlled
11    substance under Section 401 of the Illinois Controlled
12    Substances Act (720 ILCS 570/401), the illegal manufacture
13    of methamphetamine under Section 25 of the Methamphetamine
14    Control and Community Protection Act (720 ILCS 646/25), or
15    the illegal possession of explosives and an emergency
16    response officer in the performance of his or her duties is
17    killed or injured at the scene of the offense while
18    responding to the emergency caused by the commission of the
19    offense. In this paragraph, "emergency" means a situation
20    in which a person's life, health, or safety is in jeopardy;
21    and "emergency response officer" means a peace officer,
22    community policing volunteer, fireman, emergency medical
23    technician-ambulance, emergency medical
24    technician-intermediate, emergency medical
25    technician-paramedic, ambulance driver, other medical
26    assistance or first aid personnel, or hospital emergency

 

 

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1    room personnel.
2    (d) For the purposes of this Section, "organized gang" has
3the meaning ascribed to it in Section 10 of the Illinois
4Streetgang Terrorism Omnibus Prevention Act.
5    (e) The court may impose an extended term sentence under
6Article 4.5 of Chapter V upon an offender who has been
7convicted of a felony violation of Section 12-13, 12-14,
812-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
9victim of the offense is under 18 years of age at the time of
10the commission of the offense and, during the commission of the
11offense, the victim was under the influence of alcohol,
12regardless of whether or not the alcohol was supplied by the
13offender; and the offender, at the time of the commission of
14the offense, knew or should have known that the victim had
15consumed alcohol.
16(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
17eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
1895-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
1996-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
207-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
21eff. 1-1-11; revised 9-16-10.)
 
22    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
23    Sec. 5-8-4. Concurrent and consecutive terms of
24imprisonment.
25    (a) Concurrent terms; multiple or additional sentences.

 

 

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1When an Illinois court (i) imposes multiple sentences of
2imprisonment on a defendant at the same time or (ii) imposes a
3sentence of imprisonment on a defendant who is already subject
4to a sentence of imprisonment imposed by an Illinois court, a
5court of another state, or a federal court, then the sentences
6shall run concurrently unless otherwise determined by the
7Illinois court under this Section.
8    (b) Concurrent terms; misdemeanor and felony. A defendant
9serving a sentence for a misdemeanor who is convicted of a
10felony and sentenced to imprisonment shall be transferred to
11the Department of Corrections, and the misdemeanor sentence
12shall be merged in and run concurrently with the felony
13sentence.
14    (c) Consecutive terms; permissive. The court may impose
15consecutive sentences in any of the following circumstances:
16        (1) If, having regard to the nature and circumstances
17    of the offense and the history and character of the
18    defendant, it is the opinion of the court that consecutive
19    sentences are required to protect the public from further
20    criminal conduct by the defendant, the basis for which the
21    court shall set forth in the record.
22        (2) If one of the offenses for which a defendant was
23    convicted was a violation of Section 32-5.2 (aggravated
24    false personation of a peace officer) of the Criminal Code
25    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
26    in attempting or committing a forcible felony.

 

 

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1    (d) Consecutive terms; mandatory. The court shall impose
2consecutive sentences in each of the following circumstances:
3        (1) One of the offenses for which the defendant was
4    convicted was first degree murder or a Class X or Class 1
5    felony and the defendant inflicted severe bodily injury.
6        (2) The defendant was convicted of a violation of
7    Section 12-13 (criminal sexual assault), 12-14 (aggravated
8    criminal sexual assault), or 12-14.1 (predatory criminal
9    sexual assault of a child) of the Criminal Code of 1961
10    (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
11        (3) The defendant was convicted of armed violence based
12    upon the predicate offense of any of the following:
13    solicitation of murder, solicitation of murder for hire,
14    heinous battery as described in Section 12-4.1 or
15    subdivision (a)(2) of Section 12-3.05, aggravated battery
16    of a senior citizen as described in Section 12-4.6 or
17    subdivision (a)(4) of Section 12-3.05, criminal sexual
18    assault, a violation of subsection (g) of Section 5 of the
19    Cannabis Control Act (720 ILCS 550/5), cannabis
20    trafficking, a violation of subsection (a) of Section 401
21    of the Illinois Controlled Substances Act (720 ILCS
22    570/401), controlled substance trafficking involving a
23    Class X felony amount of controlled substance under Section
24    401 of the Illinois Controlled Substances Act (720 ILCS
25    570/401), a violation of the Methamphetamine Control and
26    Community Protection Act (720 ILCS 646/), calculated

 

 

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1    criminal drug conspiracy, or streetgang criminal drug
2    conspiracy.
3        (4) The defendant was convicted of the offense of
4    leaving the scene of a motor vehicle accident involving
5    death or personal injuries under Section 11-401 of the
6    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof under Section 11-501 of the
10    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
11    homicide under Section 9-3 of the Criminal Code of 1961
12    (720 ILCS 5/9-3), or (C) both an offense described in item
13    (A) and an offense described in item (B).
14        (5) The defendant was convicted of a violation of
15    Section 9-3.1 (concealment of homicidal death) or Section
16    12-20.5 (dismembering a human body) of the Criminal Code of
17    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
18        (5.5) The defendant was convicted of a violation of
19    Section 24-3.7 (use of a stolen firearm in the commission
20    of an offense) of the Criminal Code of 1961.
21        (6) If the defendant was in the custody of the
22    Department of Corrections at the time of the commission of
23    the offense, the sentence shall be served consecutive to
24    the sentence under which the defendant is held by the
25    Department of Corrections. If, however, the defendant is
26    sentenced to punishment by death, the sentence shall be

 

 

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1    executed at such time as the court may fix without regard
2    to the sentence under which the defendant may be held by
3    the Department.
4        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
5    for escape or attempted escape shall be served consecutive
6    to the terms under which the offender is held by the
7    Department of Corrections.
8        (8) If a person charged with a felony commits a
9    separate felony while on pretrial release or in pretrial
10    detention in a county jail facility or county detention
11    facility, then the sentences imposed upon conviction of
12    these felonies shall be served consecutively regardless of
13    the order in which the judgments of conviction are entered.
14        (8.5) If a person commits a battery against a county
15    correctional officer or sheriff's employee while serving a
16    sentence or in pretrial detention in a county jail
17    facility, then the sentence imposed upon conviction of the
18    battery shall be served consecutively with the sentence
19    imposed upon conviction of the earlier misdemeanor or
20    felony, regardless of the order in which the judgments of
21    conviction are entered.
22        (9) If a person admitted to bail following conviction
23    of a felony commits a separate felony while free on bond or
24    if a person detained in a county jail facility or county
25    detention facility following conviction of a felony
26    commits a separate felony while in detention, then any

 

 

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1    sentence following conviction of the separate felony shall
2    be consecutive to that of the original sentence for which
3    the defendant was on bond or detained.
4        (10) If a person is found to be in possession of an
5    item of contraband, as defined in clause (c)(2) of Section
6    31A-1.1 of the Criminal Code of 1961, while serving a
7    sentence in a county jail or while in pre-trial detention
8    in a county jail, the sentence imposed upon conviction for
9    the offense of possessing contraband in a penal institution
10    shall be served consecutively to the sentence imposed for
11    the offense in which the person is serving sentence in the
12    county jail or serving pretrial detention, regardless of
13    the order in which the judgments of conviction are entered.
14        (11) If a person is sentenced for a violation of bail
15    bond under Section 32-10 of the Criminal Code of 1961, any
16    sentence imposed for that violation shall be served
17    consecutive to the sentence imposed for the charge for
18    which bail had been granted and with respect to which the
19    defendant has been convicted.
20    (e) Consecutive terms; subsequent non-Illinois term. If an
21Illinois court has imposed a sentence of imprisonment on a
22defendant and the defendant is subsequently sentenced to a term
23of imprisonment by a court of another state or a federal court,
24then the Illinois sentence shall run consecutively to the
25sentence imposed by the court of the other state or the federal
26court. That same Illinois court, however, may order that the

 

 

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1Illinois sentence run concurrently with the sentence imposed by
2the court of the other state or the federal court, but only if
3the defendant applies to that same Illinois court within 30
4days after the sentence imposed by the court of the other state
5or the federal court is finalized.
6    (f) Consecutive terms; aggregate maximums and minimums.
7The aggregate maximum and aggregate minimum of consecutive
8sentences shall be determined as follows:
9        (1) For sentences imposed under law in effect prior to
10    February 1, 1978, the aggregate maximum of consecutive
11    sentences shall not exceed the maximum term authorized
12    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
13    Chapter V for the 2 most serious felonies involved. The
14    aggregate minimum period of consecutive sentences shall
15    not exceed the highest minimum term authorized under
16    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
17    V for the 2 most serious felonies involved. When sentenced
18    only for misdemeanors, a defendant shall not be
19    consecutively sentenced to more than the maximum for one
20    Class A misdemeanor.
21        (2) For sentences imposed under the law in effect on or
22    after February 1, 1978, the aggregate of consecutive
23    sentences for offenses that were committed as part of a
24    single course of conduct during which there was no
25    substantial change in the nature of the criminal objective
26    shall not exceed the sum of the maximum terms authorized

 

 

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1    under Article 4.5 of Chapter V for the 2 most serious
2    felonies involved, but no such limitation shall apply for
3    offenses that were not committed as part of a single course
4    of conduct during which there was no substantial change in
5    the nature of the criminal objective. When sentenced only
6    for misdemeanors, a defendant shall not be consecutively
7    sentenced to more than the maximum for one Class A
8    misdemeanor.
9    (g) Consecutive terms; manner served. In determining the
10manner in which consecutive sentences of imprisonment, one or
11more of which is for a felony, will be served, the Department
12of Corrections shall treat the defendant as though he or she
13had been committed for a single term subject to each of the
14following:
15        (1) The maximum period of a term of imprisonment shall
16    consist of the aggregate of the maximums of the imposed
17    indeterminate terms, if any, plus the aggregate of the
18    imposed determinate sentences for felonies, plus the
19    aggregate of the imposed determinate sentences for
20    misdemeanors, subject to subsection (f) of this Section.
21        (2) The parole or mandatory supervised release term
22    shall be as provided in paragraph (e) of Section 5-4.5-50
23    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
24    involved.
25        (3) The minimum period of imprisonment shall be the
26    aggregate of the minimum and determinate periods of

 

 

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1    imprisonment imposed by the court, subject to subsection
2    (f) of this Section.
3        (4) The defendant shall be awarded credit against the
4    aggregate maximum term and the aggregate minimum term of
5    imprisonment for all time served in an institution since
6    the commission of the offense or offenses and as a
7    consequence thereof at the rate specified in Section 3-6-3
8    (730 ILCS 5/3-6-3).
9(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
1095-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
117-2-10; 96-1200, eff. 7-22-10.)
 
12    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
13    Sec. 5-8A-2. Definitions. As used in this Article:
14    (A) "Approved electronic monitoring device" means a device
15approved by the supervising authority which is primarily
16intended to record or transmit information as to the
17defendant's presence or nonpresence in the home.
18    An approved electronic monitoring device may record or
19transmit: oral or wire communications or an auditory sound;
20visual images; or information regarding the offender's
21activities while inside the offender's home. These devices are
22subject to the required consent as set forth in Section 5-8A-5
23of this Article.
24    An approved electronic monitoring device may be used to
25record a conversation between the participant and the

 

 

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1monitoring device, or the participant and the person
2supervising the participant solely for the purpose of
3identification and not for the purpose of eavesdropping or
4conducting any other illegally intrusive monitoring.
5    (B) "Excluded offenses" means first degree murder, escape,
6predatory criminal sexual assault of a child, aggravated
7criminal sexual assault, criminal sexual assault, aggravated
8battery with a firearm as described in Section 12-4.2 or
9subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
1012-3.05, bringing or possessing a firearm, ammunition or
11explosive in a penal institution, any "Super-X" drug offense or
12calculated criminal drug conspiracy or streetgang criminal
13drug conspiracy, or any predecessor or successor offenses with
14the same or substantially the same elements, or any inchoate
15offenses relating to the foregoing offenses.
16    (C) "Home detention" means the confinement of a person
17convicted or charged with an offense to his or her place of
18residence under the terms and conditions established by the
19supervising authority.
20    (D) "Participant" means an inmate or offender placed into
21an electronic monitoring program.
22    (E) "Supervising authority" means the Department of
23Corrections, probation supervisory authority, sheriff,
24superintendent of municipal house of corrections or any other
25officer or agency charged with authorizing and supervising home
26detention.

 

 

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1    (F) "Super-X drug offense" means a violation of Section
2401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
3Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
4(C), or (D) of the Illinois Controlled Substances Act.
5(Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
65-29-96; 89-498, eff. 6-27-96.)
 
7    (730 ILCS 5/5-9-1.16)
8    Sec. 5-9-1.16. Protective order violation fees.
9    (a) There shall be added to every penalty imposed in
10sentencing for a violation of an order of protection under
11Section 12-3.4 or 12-30 of the Criminal Code of 1961 an
12additional fee to be set in an amount not less than $200 to be
13imposed upon a plea of guilty or finding of guilty resulting in
14a judgment of conviction.
15    (b) Such additional amount shall be assessed by the court
16imposing sentence and shall be collected by the Circuit Clerk
17in addition to the fine, if any, and costs in the case to be
18used by the supervising authority in implementing the domestic
19violence surveillance program. The clerk of the circuit court
20shall pay all monies collected from this fee to the county
21treasurer for deposit in the probation and court services fund
22under Section 15.1 of the Probation and Probations Officers
23Act.
24    (c) The supervising authority of a domestic violence
25surveillance program under Section 5-8A-7 of this Act shall

 

 

SB1310 Engrossed- 332 -LRB096 09456 RLC 19613 b

1assess a person either convicted of, or charged with, the
2violation of an order of protection an additional fee to cover
3the costs of providing the equipment used and the additional
4supervision needed for such domestic violence surveillance
5program. If the court finds that the fee would impose an undue
6burden on the victim, the court may reduce or waive the fee.
7The court shall order that the defendant may not use funds
8belonging solely to the victim of the offense for payment of
9the fee.
10    When the supervising authority is the court or the
11probation and court services department, the fee shall be
12collected by the circuit court clerk. The clerk of the circuit
13court shall pay all monies collected from this fee and all
14other required probation fees that are assessed to the county
15treasurer for deposit in the probation and court services fund
16under Section 15.1 of the Probation and Probations Officers
17Act. In counties with a population of 2 million or more, when
18the supervising authority is the court or the probation and
19court services department, the fee shall be collected by the
20supervising authority. In these counties, the supervising
21authority shall pay all monies collected from this fee and all
22other required probation fees that are assessed, to the county
23treasurer for deposit in the probation and court services fund
24under Section 15.1 of the Probation and Probation Officers Act.
25    When the supervising authority is the Department of
26Corrections, the Department shall collect the fee for deposit

 

 

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1into the Illinois Department of Corrections "fund". The Circuit
2Clerk shall retain 10% of such penalty and deposit that
3percentage into the Circuit Court Clerk Operation and
4Administrative Fund to cover the costs incurred in
5administering and enforcing this Section.
6    (d) (Blank).
7    (e) (Blank).
8(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
 
9    Section 975. The Secure Residential Youth Care Facility
10Licensing Act is amended by changing Section 45-30 as follows:
 
11    (730 ILCS 175/45-30)
12    Sec. 45-30. License or employment eligibility.
13    (a) No applicant may receive a license from the Department
14and no person may be employed by a licensed facility who
15refuses to authorize an investigation as required by Section
1645-25.
17    (b) No applicant may receive a license from the Department
18and no person may be employed by a secure residential youth
19care facility licensed by the Department who has been declared
20a sexually dangerous person under the Sexually Dangerous
21Persons Act or convicted of committing or attempting to commit
22any of the following offenses under the Criminal Code of 1961:
23        (1) First degree murder.
24        (2) A sex offense under Article 11, except offenses

 

 

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1    described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
2        (3) Kidnapping.
3        (4) Aggravated kidnapping.
4        (5) Child abduction.
5        (6) Aggravated battery of a child as described in
6    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
7        (7) Criminal sexual assault.
8        (8) Aggravated criminal sexual assault.
9        (8.1) Predatory criminal sexual assault of a child.
10        (9) Criminal sexual abuse.
11        (10) Aggravated criminal sexual abuse.
12        (11) A federal offense or an offense in any other state
13    the elements of which are similar to any of the foregoing
14    offenses.
15(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
1689-462, eff. 5-29-96.)
 
17    Section 980. The Crime Victims Compensation Act is amended
18by changing Section 2 as follows:
 
19    (740 ILCS 45/2)  (from Ch. 70, par. 72)
20    Sec. 2. Definitions. As used in this Act, unless the
21context otherwise requires:
22    (a) "Applicant" means any person who applies for
23compensation under this Act or any person the Court of Claims
24finds is entitled to compensation, including the guardian of a

 

 

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1minor or of a person under legal disability. It includes any
2person who was a dependent of a deceased victim of a crime of
3violence for his or her support at the time of the death of
4that victim.
5    (b) "Court of Claims" means the Court of Claims created by
6the Court of Claims Act.
7    (c) "Crime of violence" means and includes any offense
8defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2,
911-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-3.4, 12-4,
1012-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
1112-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
12or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of
13the Criminal Code of 1961, Sections 1(a) and 1(a-5) of the
14Cemetery Protection Act, driving under the influence of
15intoxicating liquor or narcotic drugs as defined in Section
1611-501 of the Illinois Vehicle Code, and a violation of Section
1711-401 of the Illinois Vehicle Code, provided the victim was a
18pedestrian or was operating a vehicle moved solely by human
19power or a mobility device at the time of contact; so long as
20the offense did not occur during a civil riot, insurrection or
21rebellion. "Crime of violence" does not include any other
22offense or accident involving a motor vehicle except those
23vehicle offenses specifically provided for in this paragraph.
24"Crime of violence" does include all of the offenses
25specifically provided for in this paragraph that occur within
26this State but are subject to federal jurisdiction and crimes

 

 

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1involving terrorism as defined in 18 U.S.C. 2331.
2    (d) "Victim" means (1) a person killed or injured in this
3State as a result of a crime of violence perpetrated or
4attempted against him or her, (2) the parent of a person killed
5or injured in this State as a result of a crime of violence
6perpetrated or attempted against the person, (3) a person
7killed or injured in this State while attempting to assist a
8person against whom a crime of violence is being perpetrated or
9attempted, if that attempt of assistance would be expected of a
10reasonable person under the circumstances, (4) a person killed
11or injured in this State while assisting a law enforcement
12official apprehend a person who has perpetrated a crime of
13violence or prevent the perpetration of any such crime if that
14assistance was in response to the express request of the law
15enforcement official, (5) a person who personally witnessed a
16violent crime, (5.1) solely for the purpose of compensating for
17pecuniary loss incurred for psychological treatment of a mental
18or emotional condition caused or aggravated by the crime, any
19other person under the age of 18 who is the brother, sister,
20half brother, half sister, child, or stepchild of a person
21killed or injured in this State as a result of a crime of
22violence, (6) an Illinois resident who is a victim of a "crime
23of violence" as defined in this Act except, if the crime
24occurred outside this State, the resident has the same rights
25under this Act as if the crime had occurred in this State upon
26a showing that the state, territory, country, or political

 

 

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1subdivision of a country in which the crime occurred does not
2have a compensation of victims of crimes law for which that
3Illinois resident is eligible, (7) a deceased person whose body
4is dismembered or whose remains are desecrated as the result of
5a crime of violence, or (8) solely for the purpose of
6compensating for pecuniary loss incurred for psychological
7treatment of a mental or emotional condition caused or
8aggravated by the crime, any parent, spouse, or child under the
9age of 18 of a deceased person whose body is dismembered or
10whose remains are desecrated as the result of a crime of
11violence.
12    (e) "Dependent" means a relative of a deceased victim who
13was wholly or partially dependent upon the victim's income at
14the time of his or her death and shall include the child of a
15victim born after his or her death.
16    (f) "Relative" means a spouse, parent, grandparent,
17stepfather, stepmother, child, grandchild, brother,
18brother-in-law, sister, sister-in-law, half brother, half
19sister, spouse's parent, nephew, niece, uncle or aunt.
20    (g) "Child" means an unmarried son or daughter who is under
2118 years of age and includes a stepchild, an adopted child or a
22child born out of wedlock.
23    (h) "Pecuniary loss" means, in the case of injury,
24appropriate medical expenses and hospital expenses including
25expenses of medical examinations, rehabilitation, medically
26required nursing care expenses, appropriate psychiatric care

 

 

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1or psychiatric counseling expenses, expenses for care or
2counseling by a licensed clinical psychologist, licensed
3clinical social worker, or licensed clinical professional
4counselor and expenses for treatment by Christian Science
5practitioners and nursing care appropriate thereto;
6transportation expenses to and from medical and treatment
7facilities; prosthetic appliances, eyeglasses, and hearing
8aids necessary or damaged as a result of the crime; replacement
9costs for clothing and bedding used as evidence; costs
10associated with temporary lodging or relocation necessary as a
11result of the crime, including, but not limited to, the first
12month's rent and security deposit of the dwelling that the
13claimant relocated to and other reasonable relocation expenses
14incurred as a result of the violent crime; locks or windows
15necessary or damaged as a result of the crime; the purchase,
16lease, or rental of equipment necessary to create usability of
17and accessibility to the victim's real and personal property,
18or the real and personal property which is used by the victim,
19necessary as a result of the crime; the costs of appropriate
20crime scene clean-up; replacement services loss, to a maximum
21of $1000 per month; dependents replacement services loss, to a
22maximum of $1000 per month; loss of tuition paid to attend
23grammar school or high school when the victim had been enrolled
24as a student prior to the injury, or college or graduate school
25when the victim had been enrolled as a day or night student
26prior to the injury when the victim becomes unable to continue

 

 

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1attendance at school as a result of the crime of violence
2perpetrated against him or her; loss of earnings, loss of
3future earnings because of disability resulting from the
4injury, and, in addition, in the case of death, expenses for
5funeral, burial, and travel and transport for survivors of
6homicide victims to secure bodies of deceased victims and to
7transport bodies for burial all of which may not exceed a
8maximum of $5,000 and loss of support of the dependents of the
9victim; in the case of dismemberment or desecration of a body,
10expenses for funeral and burial, all of which may not exceed a
11maximum of $5,000. Loss of future earnings shall be reduced by
12any income from substitute work actually performed by the
13victim or by income he or she would have earned in available
14appropriate substitute work he or she was capable of performing
15but unreasonably failed to undertake. Loss of earnings, loss of
16future earnings and loss of support shall be determined on the
17basis of the victim's average net monthly earnings for the 6
18months immediately preceding the date of the injury or on $1000
19per month, whichever is less. If a divorced or legally
20separated applicant is claiming loss of support for a minor
21child of the deceased, the amount of support for each child
22shall be based either on the amount of support pursuant to the
23judgment prior to the date of the deceased victim's injury or
24death, or, if the subject of pending litigation filed by or on
25behalf of the divorced or legally separated applicant prior to
26the injury or death, on the result of that litigation. Real and

 

 

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1personal property includes, but is not limited to, vehicles,
2houses, apartments, town houses, or condominiums. Pecuniary
3loss does not include pain and suffering or property loss or
4damage.
5    (i) "Replacement services loss" means expenses reasonably
6incurred in obtaining ordinary and necessary services in lieu
7of those the injured person would have performed, not for
8income, but for the benefit of himself or herself or his or her
9family, if he or she had not been injured.
10    (j) "Dependents replacement services loss" means loss
11reasonably incurred by dependents or private legal guardians of
12minor dependents after a victim's death in obtaining ordinary
13and necessary services in lieu of those the victim would have
14performed, not for income, but for their benefit, if he or she
15had not been fatally injured.
16    (k) "Survivor" means immediate family including a parent,
17step-father, step-mother, child, brother, sister, or spouse.
18(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
 
19    Section 985. The Illinois Marriage and Dissolution of
20Marriage Act is amended by changing Section 503 as follows:
 
21    (750 ILCS 5/503)  (from Ch. 40, par. 503)
22    Sec. 503. Disposition of property.
23    (a) For purposes of this Act, "marital property" means all
24property acquired by either spouse subsequent to the marriage,

 

 

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1except the following, which is known as "non-marital property":
2        (1) property acquired by gift, legacy or descent;
3        (2) property acquired in exchange for property
4    acquired before the marriage or in exchange for property
5    acquired by gift, legacy or descent;
6        (3) property acquired by a spouse after a judgment of
7    legal separation;
8        (4) property excluded by valid agreement of the
9    parties;
10        (5) any judgment or property obtained by judgment
11    awarded to a spouse from the other spouse;
12        (6) property acquired before the marriage;
13        (7) the increase in value of property acquired by a
14    method listed in paragraphs (1) through (6) of this
15    subsection, irrespective of whether the increase results
16    from a contribution of marital property, non-marital
17    property, the personal effort of a spouse, or otherwise,
18    subject to the right of reimbursement provided in
19    subsection (c) of this Section; and
20        (8) income from property acquired by a method listed in
21    paragraphs (1) through (7) of this subsection if the income
22    is not attributable to the personal effort of a spouse.
23    (b)(1) For purposes of distribution of property pursuant to
24this Section, all property acquired by either spouse after the
25marriage and before a judgment of dissolution of marriage or
26declaration of invalidity of marriage, including non-marital

 

 

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1property transferred into some form of co-ownership between the
2spouses, is presumed to be marital property, regardless of
3whether title is held individually or by the spouses in some
4form of co-ownership such as joint tenancy, tenancy in common,
5tenancy by the entirety, or community property. The presumption
6of marital property is overcome by a showing that the property
7was acquired by a method listed in subsection (a) of this
8Section.
9    (2) For purposes of distribution of property pursuant to
10this Section, all pension benefits (including pension benefits
11under the Illinois Pension Code) acquired by either spouse
12after the marriage and before a judgment of dissolution of
13marriage or declaration of invalidity of the marriage are
14presumed to be marital property, regardless of which spouse
15participates in the pension plan. The presumption that these
16pension benefits are marital property is overcome by a showing
17that the pension benefits were acquired by a method listed in
18subsection (a) of this Section. The right to a division of
19pension benefits in just proportions under this Section is
20enforceable under Section 1-119 of the Illinois Pension Code.
21    The value of pension benefits in a retirement system
22subject to the Illinois Pension Code shall be determined in
23accordance with the valuation procedures established by the
24retirement system.
25    The recognition of pension benefits as marital property and
26the division of those benefits pursuant to a Qualified Illinois

 

 

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1Domestic Relations Order shall not be deemed to be a
2diminishment, alienation, or impairment of those benefits. The
3division of pension benefits is an allocation of property in
4which each spouse has a species of common ownership.
5    (3) For purposes of distribution of property under this
6Section, all stock options granted to either spouse after the
7marriage and before a judgment of dissolution of marriage or
8declaration of invalidity of marriage, whether vested or
9non-vested or whether their value is ascertainable, are
10presumed to be marital property. This presumption of marital
11property is overcome by a showing that the stock options were
12acquired by a method listed in subsection (a) of this Section.
13The court shall allocate stock options between the parties at
14the time of the judgment of dissolution of marriage or
15declaration of invalidity of marriage recognizing that the
16value of the stock options may not be then determinable and
17that the actual division of the options may not occur until a
18future date. In making the allocation between the parties, the
19court shall consider, in addition to the factors set forth in
20subsection (d) of this Section, the following:
21        (i) All circumstances underlying the grant of the stock
22    option including but not limited to whether the grant was
23    for past, present, or future efforts, or any combination
24    thereof.
25        (ii) The length of time from the grant of the option to
26    the time the option is exercisable.

 

 

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1    (c) Commingled marital and non-marital property shall be
2treated in the following manner, unless otherwise agreed by the
3spouses:
4        (1) When marital and non-marital property are
5    commingled by contributing one estate of property into
6    another resulting in a loss of identity of the contributed
7    property, the classification of the contributed property
8    is transmuted to the estate receiving the contribution,
9    subject to the provisions of paragraph (2) of this
10    subsection; provided that if marital and non-marital
11    property are commingled into newly acquired property
12    resulting in a loss of identity of the contributing
13    estates, the commingled property shall be deemed
14    transmuted to marital property, subject to the provisions
15    of paragraph (2) of this subsection.
16        (2) When one estate of property makes a contribution to
17    another estate of property, or when a spouse contributes
18    personal effort to non-marital property, the contributing
19    estate shall be reimbursed from the estate receiving the
20    contribution notwithstanding any transmutation; provided,
21    that no such reimbursement shall be made with respect to a
22    contribution which is not retraceable by clear and
23    convincing evidence, or was a gift, or, in the case of a
24    contribution of personal effort of a spouse to non-marital
25    property, unless the effort is significant and results in
26    substantial appreciation of the non-marital property.

 

 

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1    Personal effort of a spouse shall be deemed a contribution
2    by the marital estate. The court may provide for
3    reimbursement out of the marital property to be divided or
4    by imposing a lien against the non-marital property which
5    received the contribution.
6    (d) In a proceeding for dissolution of marriage or
7declaration of invalidity of marriage, or in a proceeding for
8disposition of property following dissolution of marriage by a
9court which lacked personal jurisdiction over the absent spouse
10or lacked jurisdiction to dispose of the property, the court
11shall assign each spouse's non-marital property to that spouse.
12It also shall divide the marital property without regard to
13marital misconduct in just proportions considering all
14relevant factors, including:
15        (1) the contribution of each party to the acquisition,
16    preservation, or increase or decrease in value of the
17    marital or non-marital property, including (i) any such
18    decrease attributable to a payment deemed to have been an
19    advance from the parties' marital estate under subsection
20    (c-1)(2) of Section 501 and (ii) the contribution of a
21    spouse as a homemaker or to the family unit;
22        (2) the dissipation by each party of the marital or
23    non-marital property;
24        (3) the value of the property assigned to each spouse;
25        (4) the duration of the marriage;
26        (5) the relevant economic circumstances of each spouse

 

 

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1    when the division of property is to become effective,
2    including the desirability of awarding the family home, or
3    the right to live therein for reasonable periods, to the
4    spouse having custody of the children;
5        (6) any obligations and rights arising from a prior
6    marriage of either party;
7        (7) any antenuptial agreement of the parties;
8        (8) the age, health, station, occupation, amount and
9    sources of income, vocational skills, employability,
10    estate, liabilities, and needs of each of the parties;
11        (9) the custodial provisions for any children;
12        (10) whether the apportionment is in lieu of or in
13    addition to maintenance;
14        (11) the reasonable opportunity of each spouse for
15    future acquisition of capital assets and income; and
16        (12) the tax consequences of the property division upon
17    the respective economic circumstances of the parties.
18    (e) Each spouse has a species of common ownership in the
19marital property which vests at the time dissolution
20proceedings are commenced and continues only during the
21pendency of the action. Any such interest in marital property
22shall not encumber that property so as to restrict its
23transfer, assignment or conveyance by the title holder unless
24such title holder is specifically enjoined from making such
25transfer, assignment or conveyance.
26    (f) In a proceeding for dissolution of marriage or

 

 

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1declaration of invalidity of marriage or in a proceeding for
2disposition of property following dissolution of marriage by a
3court that lacked personal jurisdiction over the absent spouse
4or lacked jurisdiction to dispose of the property, the court,
5in determining the value of the marital and non-marital
6property for purposes of dividing the property, shall value the
7property as of the date of trial or some other date as close to
8the date of trial as is practicable.
9    (g) The court if necessary to protect and promote the best
10interests of the children may set aside a portion of the
11jointly or separately held estates of the parties in a separate
12fund or trust for the support, maintenance, education, physical
13and mental health, and general welfare of any minor, dependent,
14or incompetent child of the parties. In making a determination
15under this subsection, the court may consider, among other
16things, the conviction of a party of any of the offenses set
17forth in Section 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13,
1812-14, 12-14.1, 12-15, or 12-16, or Section 12-3.05 except for
19subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 if
20the victim is a child of one or both of the parties, and there
21is a need for, and cost of, care, healing and counseling for
22the child who is the victim of the crime.
23    (h) Unless specifically directed by a reviewing court, or
24upon good cause shown, the court shall not on remand consider
25any increase or decrease in the value of any "marital" or
26"non-marital" property occurring since the assessment of such

 

 

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1property at the original trial or hearing, but shall use only
2that assessment made at the original trial or hearing.
3    (i) The court may make such judgments affecting the marital
4property as may be just and may enforce such judgments by
5ordering a sale of marital property, with proceeds therefrom to
6be applied as determined by the court.
7    (j) After proofs have closed in the final hearing on all
8other issues between the parties (or in conjunction with the
9final hearing, if all parties so stipulate) and before judgment
10is entered, a party's petition for contribution to fees and
11costs incurred in the proceeding shall be heard and decided, in
12accordance with the following provisions:
13        (1) A petition for contribution, if not filed before
14    the final hearing on other issues between the parties,
15    shall be filed no later than 30 days after the closing of
16    proofs in the final hearing or within such other period as
17    the court orders.
18        (2) Any award of contribution to one party from the
19    other party shall be based on the criteria for division of
20    marital property under this Section 503 and, if maintenance
21    has been awarded, on the criteria for an award of
22    maintenance under Section 504.
23        (3) The filing of a petition for contribution shall not
24    be deemed to constitute a waiver of the attorney-client
25    privilege between the petitioning party and current or
26    former counsel; and such a waiver shall not constitute a

 

 

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1    prerequisite to a hearing for contribution. If either
2    party's presentation on contribution, however, includes
3    evidence within the scope of the attorney-client
4    privilege, the disclosure or disclosures shall be narrowly
5    construed and shall not be deemed by the court to
6    constitute a general waiver of the privilege as to matters
7    beyond the scope of the presentation.
8        (4) No finding on which a contribution award is based
9    or denied shall be asserted against counsel or former
10    counsel for purposes of any hearing under subsection (c) or
11    (e) of Section 508.
12        (5) A contribution award (payable to either the
13    petitioning party or the party's counsel, or jointly, as
14    the court determines) may be in the form of either a set
15    dollar amount or a percentage of fees and costs (or a
16    portion of fees and costs) to be subsequently agreed upon
17    by the petitioning party and counsel or, alternatively,
18    thereafter determined in a hearing pursuant to subsection
19    (c) of Section 508 or previously or thereafter determined
20    in an independent proceeding under subsection (e) of
21    Section 508.
22        (6) The changes to this Section 503 made by this
23    amendatory Act of 1996 apply to cases pending on or after
24    June 1, 1997, except as otherwise provided in Section 508.
25(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
 

 

 

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1    Section 990. The Illinois Domestic Violence Act of 1986 is
2amended by changing Sections 103, 223, and 301 as follows:
 
3    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
4    Sec. 103. Definitions. For the purposes of this Act, the
5following terms shall have the following meanings:
6    (1) "Abuse" means physical abuse, harassment, intimidation
7of a dependent, interference with personal liberty or willful
8deprivation but does not include reasonable direction of a
9minor child by a parent or person in loco parentis.
10    (2) "Adult with disabilities" means an elder adult with
11disabilities or a high-risk adult with disabilities. A person
12may be an adult with disabilities for purposes of this Act even
13though he or she has never been adjudicated an incompetent
14adult. However, no court proceeding may be initiated or
15continued on behalf of an adult with disabilities over that
16adult's objection, unless such proceeding is approved by his or
17her legal guardian, if any.
18    (3) "Domestic violence" means abuse as defined in paragraph
19(1).
20    (4) "Elder adult with disabilities" means an adult
21prevented by advanced age from taking appropriate action to
22protect himself or herself from abuse by a family or household
23member.
24    (5) "Exploitation" means the illegal, including tortious,
25use of a high-risk adult with disabilities or of the assets or

 

 

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1resources of a high-risk adult with disabilities. Exploitation
2includes, but is not limited to, the misappropriation of assets
3or resources of a high-risk adult with disabilities by undue
4influence, by breach of a fiduciary relationship, by fraud,
5deception, or extortion, or the use of such assets or resources
6in a manner contrary to law.
7    (6) "Family or household members" include spouses, former
8spouses, parents, children, stepchildren and other persons
9related by blood or by present or prior marriage, persons who
10share or formerly shared a common dwelling, persons who have or
11allegedly have a child in common, persons who share or
12allegedly share a blood relationship through a child, persons
13who have or have had a dating or engagement relationship,
14persons with disabilities and their personal assistants, and
15caregivers as defined in Section 12-4.4a or paragraph (3) of
16subsection (b) of Section 12-21 of the Criminal Code of 1961.
17For purposes of this paragraph, neither a casual
18acquaintanceship nor ordinary fraternization between 2
19individuals in business or social contexts shall be deemed to
20constitute a dating relationship. In the case of a high-risk
21adult with disabilities, "family or household members"
22includes any person who has the responsibility for a high-risk
23adult as a result of a family relationship or who has assumed
24responsibility for all or a portion of the care of a high-risk
25adult with disabilities voluntarily, or by express or implied
26contract, or by court order.

 

 

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1    (7) "Harassment" means knowing conduct which is not
2necessary to accomplish a purpose that is reasonable under the
3circumstances; would cause a reasonable person emotional
4distress; and does cause emotional distress to the petitioner.
5Unless the presumption is rebutted by a preponderance of the
6evidence, the following types of conduct shall be presumed to
7cause emotional distress:
8        (i) creating a disturbance at petitioner's place of
9    employment or school;
10        (ii) repeatedly telephoning petitioner's place of
11    employment, home or residence;
12        (iii) repeatedly following petitioner about in a
13    public place or places;
14        (iv) repeatedly keeping petitioner under surveillance
15    by remaining present outside his or her home, school, place
16    of employment, vehicle or other place occupied by
17    petitioner or by peering in petitioner's windows;
18        (v) improperly concealing a minor child from
19    petitioner, repeatedly threatening to improperly remove a
20    minor child of petitioner's from the jurisdiction or from
21    the physical care of petitioner, repeatedly threatening to
22    conceal a minor child from petitioner, or making a single
23    such threat following an actual or attempted improper
24    removal or concealment, unless respondent was fleeing an
25    incident or pattern of domestic violence; or
26        (vi) threatening physical force, confinement or

 

 

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1    restraint on one or more occasions.
2    (8) "High-risk adult with disabilities" means a person aged
318 or over whose physical or mental disability impairs his or
4her ability to seek or obtain protection from abuse, neglect,
5or exploitation.
6    (9) "Interference with personal liberty" means committing
7or threatening physical abuse, harassment, intimidation or
8willful deprivation so as to compel another to engage in
9conduct from which she or he has a right to abstain or to
10refrain from conduct in which she or he has a right to engage.
11    (10) "Intimidation of a dependent" means subjecting a
12person who is dependent because of age, health or disability to
13participation in or the witnessing of: physical force against
14another or physical confinement or restraint of another which
15constitutes physical abuse as defined in this Act, regardless
16of whether the abused person is a family or household member.
17    (11) (A) "Neglect" means the failure to exercise that
18degree of care toward a high-risk adult with disabilities which
19a reasonable person would exercise under the circumstances and
20includes but is not limited to:
21        (i) the failure to take reasonable steps to protect a
22    high-risk adult with disabilities from acts of abuse;
23        (ii) the repeated, careless imposition of unreasonable
24    confinement;
25        (iii) the failure to provide food, shelter, clothing,
26    and personal hygiene to a high-risk adult with disabilities

 

 

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1    who requires such assistance;
2        (iv) the failure to provide medical and rehabilitative
3    care for the physical and mental health needs of a
4    high-risk adult with disabilities; or
5        (v) the failure to protect a high-risk adult with
6    disabilities from health and safety hazards.
7    (B) Nothing in this subsection (10) shall be construed to
8impose a requirement that assistance be provided to a high-risk
9adult with disabilities over his or her objection in the
10absence of a court order, nor to create any new affirmative
11duty to provide support to a high-risk adult with disabilities.
12    (12) "Order of protection" means an emergency order,
13interim order or plenary order, granted pursuant to this Act,
14which includes any or all of the remedies authorized by Section
15214 of this Act.
16    (13) "Petitioner" may mean not only any named petitioner
17for the order of protection and any named victim of abuse on
18whose behalf the petition is brought, but also any other person
19protected by this Act.
20    (14) "Physical abuse" includes sexual abuse and means any
21of the following:
22        (i) knowing or reckless use of physical force,
23    confinement or restraint;
24        (ii) knowing, repeated and unnecessary sleep
25    deprivation; or
26        (iii) knowing or reckless conduct which creates an

 

 

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1    immediate risk of physical harm.
2    (14.5) "Stay away" means for the respondent to refrain from
3both physical presence and nonphysical contact with the
4petitioner whether direct, indirect (including, but not
5limited to, telephone calls, mail, email, faxes, and written
6notes), or through third parties who may or may not know about
7the order of protection.
8    (15) "Willful deprivation" means wilfully denying a person
9who because of age, health or disability requires medication,
10medical care, shelter, accessible shelter or services, food,
11therapeutic device, or other physical assistance, and thereby
12exposing that person to the risk of physical, mental or
13emotional harm, except with regard to medical care or treatment
14when the dependent person has expressed an intent to forgo such
15medical care or treatment. This paragraph does not create any
16new affirmative duty to provide support to dependent persons.
17(Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
18    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
19    Sec. 223. Enforcement of orders of protection.
20    (a) When violation is crime. A violation of any order of
21protection, whether issued in a civil or criminal proceeding,
22shall be enforced by a criminal court when:
23        (1) The respondent commits the crime of violation of an
24    order of protection pursuant to Section 12-3.4 or 12-30 of
25    the Criminal Code of 1961, by having knowingly violated:

 

 

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1            (i) remedies described in paragraphs (1), (2),
2        (3), (14), or (14.5) of subsection (b) of Section 214
3        of this Act; or
4            (ii) a remedy, which is substantially similar to
5        the remedies authorized under paragraphs (1), (2),
6        (3), (14), and (14.5) of subsection (b) of Section 214
7        of this Act, in a valid order of protection which is
8        authorized under the laws of another state, tribe, or
9        United States territory; or
10            (iii) any other remedy when the act constitutes a
11        crime against the protected parties as defined by the
12        Criminal Code of 1961.
13        Prosecution for a violation of an order of protection
14    shall not bar concurrent prosecution for any other crime,
15    including any crime that may have been committed at the
16    time of the violation of the order of protection; or
17        (2) The respondent commits the crime of child abduction
18    pursuant to Section 10-5 of the Criminal Code of 1961, by
19    having knowingly violated:
20            (i) remedies described in paragraphs (5), (6) or
21        (8) of subsection (b) of Section 214 of this Act; or
22            (ii) a remedy, which is substantially similar to
23        the remedies authorized under paragraphs (5), (6), or
24        (8) of subsection (b) of Section 214 of this Act, in a
25        valid order of protection which is authorized under the
26        laws of another state, tribe, or United States

 

 

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1        territory.
2    (b) When violation is contempt of court. A violation of any
3valid Illinois order of protection, whether issued in a civil
4or criminal proceeding, may be enforced through civil or
5criminal contempt procedures, as appropriate, by any court with
6jurisdiction, regardless where the act or acts which violated
7the order of protection were committed, to the extent
8consistent with the venue provisions of this Act. Nothing in
9this Act shall preclude any Illinois court from enforcing any
10valid order of protection issued in another state. Illinois
11courts may enforce orders of protection through both criminal
12prosecution and contempt proceedings, unless the action which
13is second in time is barred by collateral estoppel or the
14constitutional prohibition against double jeopardy.
15        (1) In a contempt proceeding where the petition for a
16    rule to show cause sets forth facts evidencing an immediate
17    danger that the respondent will flee the jurisdiction,
18    conceal a child, or inflict physical abuse on the
19    petitioner or minor children or on dependent adults in
20    petitioner's care, the court may order the attachment of
21    the respondent without prior service of the rule to show
22    cause or the petition for a rule to show cause. Bond shall
23    be set unless specifically denied in writing.
24        (2) A petition for a rule to show cause for violation
25    of an order of protection shall be treated as an expedited
26    proceeding.

 

 

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1    (c) Violation of custody or support orders. A violation of
2remedies described in paragraphs (5), (6), (8), or (9) of
3subsection (b) of Section 214 of this Act may be enforced by
4any remedy provided by Section 611 of the Illinois Marriage and
5Dissolution of Marriage Act. The court may enforce any order
6for support issued under paragraph (12) of subsection (b) of
7Section 214 in the manner provided for under Parts V and VII of
8the Illinois Marriage and Dissolution of Marriage Act.
9    (d) Actual knowledge. An order of protection may be
10enforced pursuant to this Section if the respondent violates
11the order after the respondent has actual knowledge of its
12contents as shown through one of the following means:
13        (1) By service, delivery, or notice under Section 210.
14        (2) By notice under Section 210.1 or 211.
15        (3) By service of an order of protection under Section
16    222.
17        (4) By other means demonstrating actual knowledge of
18    the contents of the order.
19    (e) The enforcement of an order of protection in civil or
20criminal court shall not be affected by either of the
21following:
22        (1) The existence of a separate, correlative order,
23    entered under Section 215.
24        (2) Any finding or order entered in a conjoined
25    criminal proceeding.
26    (f) Circumstances. The court, when determining whether or

 

 

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1not a violation of an order of protection has occurred, shall
2not require physical manifestations of abuse on the person of
3the victim.
4    (g) Penalties.
5        (1) Except as provided in paragraph (3) of this
6    subsection, where the court finds the commission of a crime
7    or contempt of court under subsections (a) or (b) of this
8    Section, the penalty shall be the penalty that generally
9    applies in such criminal or contempt proceedings, and may
10    include one or more of the following: incarceration,
11    payment of restitution, a fine, payment of attorneys' fees
12    and costs, or community service.
13        (2) The court shall hear and take into account evidence
14    of any factors in aggravation or mitigation before deciding
15    an appropriate penalty under paragraph (1) of this
16    subsection.
17        (3) To the extent permitted by law, the court is
18    encouraged to:
19            (i) increase the penalty for the knowing violation
20        of any order of protection over any penalty previously
21        imposed by any court for respondent's violation of any
22        order of protection or penal statute involving
23        petitioner as victim and respondent as defendant;
24            (ii) impose a minimum penalty of 24 hours
25        imprisonment for respondent's first violation of any
26        order of protection; and

 

 

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1            (iii) impose a minimum penalty of 48 hours
2        imprisonment for respondent's second or subsequent
3        violation of an order of protection
4    unless the court explicitly finds that an increased penalty
5    or that period of imprisonment would be manifestly unjust.
6        (4) In addition to any other penalties imposed for a
7    violation of an order of protection, a criminal court may
8    consider evidence of any violations of an order of
9    protection:
10            (i) to increase, revoke or modify the bail bond on
11        an underlying criminal charge pursuant to Section
12        110-6 of the Code of Criminal Procedure of 1963;
13            (ii) to revoke or modify an order of probation,
14        conditional discharge or supervision, pursuant to
15        Section 5-6-4 of the Unified Code of Corrections;
16            (iii) to revoke or modify a sentence of periodic
17        imprisonment, pursuant to Section 5-7-2 of the Unified
18        Code of Corrections.
19        (5) In addition to any other penalties, the court shall
20    impose an additional fine of $20 as authorized by Section
21    5-9-1.11 of the Unified Code of Corrections upon any person
22    convicted of or placed on supervision for a violation of an
23    order of protection. The additional fine shall be imposed
24    for each violation of this Section.
25(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    (750 ILCS 60/301)  (from Ch. 40, par. 2313-1)
2    Sec. 301. Arrest without warrant.
3    (a) Any law enforcement officer may make an arrest without
4warrant if the officer has probable cause to believe that the
5person has committed or is committing any crime, including but
6not limited to violation of an order of protection, under
7Section 12-3.4 or 12-30 of the Criminal Code of 1961, even if
8the crime was not committed in the presence of the officer.
9    (b) The law enforcement officer may verify the existence of
10an order of protection by telephone or radio communication with
11his or her law enforcement agency or by referring to the copy
12of the order provided by the petitioner or respondent.
13    (c) Any law enforcement officer may make an arrest without
14warrant if the officer has reasonable grounds to believe a
15defendant at liberty under the provisions of subdivision (d)(1)
16or (d)(2) of Section 110-10 of the Code of Criminal Procedure
17of 1963 has violated a condition of his or her bail bond or
18recognizance.
19(Source: P.A. 88-624, eff. 1-1-95.)
 
20    Section 995. The Probate Act of 1975 is amended by changing
21Sections 2-6.2 and 2-6.6 as follows:
 
22    (755 ILCS 5/2-6.2)
23    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
24elderly person or a person with a disability.

 

 

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1    (a) In this Section:
2    "Abuse" means any offense described in Section 12-21 or
3subsection (b) of Section 12-4.4a of the Criminal Code of 1961.
4    "Financial exploitation" means any offense described in
5Section 16-1.3 of the Criminal Code of 1961.
6    "Neglect" means any offense described in Section 12-19 or
7subsection (a) of Section 12-4.4a of the Criminal Code of 1961.
8    (b) Persons convicted of financial exploitation, abuse, or
9neglect of an elderly person or a person with a disability
10shall not receive any property, benefit, or other interest by
11reason of the death of that elderly person or person with a
12disability, whether as heir, legatee, beneficiary, survivor,
13appointee, claimant under Section 18-1.1, or in any other
14capacity and whether the property, benefit, or other interest
15passes pursuant to any form of title registration, testamentary
16or nontestamentary instrument, intestacy, renunciation, or any
17other circumstance. The property, benefit, or other interest
18shall pass as if the person convicted of the financial
19exploitation, abuse, or neglect died before the decedent,
20provided that with respect to joint tenancy property the
21interest possessed prior to the death by the person convicted
22of the financial exploitation, abuse, or neglect shall not be
23diminished by the application of this Section. Notwithstanding
24the foregoing, a person convicted of financial exploitation,
25abuse, or neglect of an elderly person or a person with a
26disability shall be entitled to receive property, a benefit, or

 

 

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1an interest in any capacity and under any circumstances
2described in this subsection (b) if it is demonstrated by clear
3and convincing evidence that the victim of that offense knew of
4the conviction and subsequent to the conviction expressed or
5ratified his or her intent to transfer the property, benefit,
6or interest to the person convicted of financial exploitation,
7abuse, or neglect of an elderly person or a person with a
8disability in any manner contemplated by this subsection (b).
9    (c) (1) The holder of any property subject to the
10    provisions of this Section shall not be liable for
11    distributing or releasing the property to the person
12    convicted of financial exploitation, abuse, or neglect of
13    an elderly person or a person with a disability if the
14    distribution or release occurs prior to the conviction.
15        (2) If the holder is a financial institution, trust
16    company, trustee, or similar entity or person, the holder
17    shall not be liable for any distribution or release of the
18    property, benefit, or other interest to the person
19    convicted of a violation of Section 12-19, 12-21, or
20    16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the
21    Criminal Code of 1961 unless the holder knowingly
22    distributes or releases the property, benefit, or other
23    interest to the person so convicted after first having
24    received actual written notice of the conviction in
25    sufficient time to act upon the notice.
26    (d) If the holder of any property subject to the provisions

 

 

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1of this Section knows that a potential beneficiary has been
2convicted of financial exploitation, abuse, or neglect of an
3elderly person or a person with a disability within the scope
4of this Section, the holder shall fully cooperate with law
5enforcement authorities and judicial officers in connection
6with any investigation of the financial exploitation, abuse, or
7neglect. If the holder is a person or entity that is subject to
8regulation by a regulatory agency pursuant to the laws of this
9or any other state or pursuant to the laws of the United
10States, including but not limited to the business of a
11financial institution, corporate fiduciary, or insurance
12company, then such person or entity shall not be deemed to be
13in violation of this Section to the extent that privacy laws
14and regulations applicable to such person or entity prevent it
15from voluntarily providing law enforcement authorities or
16judicial officers with information.
17(Source: P.A. 95-315, eff. 1-1-08.)
 
18    (755 ILCS 5/2-6.6)
19    Sec. 2-6.6. Person convicted of certain offenses against
20the elderly or disabled. A person who is convicted of a
21violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
22or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not
23receive any property, benefit, or other interest by reason of
24the death of the victim of that offense, whether as heir,
25legatee, beneficiary, joint tenant, tenant by the entirety,

 

 

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1survivor, appointee, or in any other capacity and whether the
2property, benefit, or other interest passes pursuant to any
3form of title registration, testamentary or nontestamentary
4instrument, intestacy, renunciation, or any other
5circumstance. The property, benefit, or other interest shall
6pass as if the person convicted of a violation of Section
712-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section
812-4.4a, of the Criminal Code of 1961 died before the decedent;
9provided that with respect to joint tenancy property or
10property held in tenancy by the entirety, the interest
11possessed prior to the death by the person convicted may not be
12diminished by the application of this Section. Notwithstanding
13the foregoing, a person convicted of a violation of Section
1412-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section
1512-4.4a, of the Criminal Code of 1961 shall be entitled to
16receive property, a benefit, or an interest in any capacity and
17under any circumstances described in this Section if it is
18demonstrated by clear and convincing evidence that the victim
19of that offense knew of the conviction and subsequent to the
20conviction expressed or ratified his or her intent to transfer
21the property, benefit, or interest to the person convicted of a
22violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
23or (b) of Section 12-4.4a, of the Criminal Code of 1961 in any
24manner contemplated by this Section.
25    The holder of any property subject to the provisions of
26this Section is not liable for distributing or releasing the

 

 

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1property to the person convicted of violating Section 12-19,
212-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a,
3of the Criminal Code of 1961.
4    If the holder is a financial institution, trust company,
5trustee, or similar entity or person, the holder shall not be
6liable for any distribution or release of the property,
7benefit, or other interest to the person convicted of a
8violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
9or (b) of Section 12-4.4a, of the Criminal Code of 1961 unless
10the holder knowingly distributes or releases the property,
11benefit, or other interest to the person so convicted after
12first having received actual written notice of the conviction
13in sufficient time to act upon the notice.
14    The Department of State Police shall have access to State
15of Illinois databases containing information that may help in
16the identification or location of persons convicted of the
17offenses enumerated in this Section. Interagency agreements
18shall be implemented, consistent with security and procedures
19established by the State agency and consistent with the laws
20governing the confidentiality of the information in the
21databases. Information shall be used only for administration of
22this Section.
23(Source: P.A. 93-301, eff. 1-1-04.)
 
24
Article 2.

 

 

 

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1    Section 5. The Criminal Code of 1961 is amended by adding
2the headings of Subdivisions 1, 5, 10, 15, 20, and 25 of
3Article 11, by adding Article 36.5, by adding Sections 11-0.1,
411-9.1A, 11-14.3, and 11-14.4, by changing Sections 11-6,
511-6.5, 11-9.1, 11-9.2, 11-9.3, 11-9.5, 11-11, 11-14, 11-14.1,
611-18, 11-18.1, 11-20, 11-20.1, 11-20.2, 11-21, 11-23, and
711-24, and by renumbering and changing Sections 11-7, 11-8,
811-9, 11-12, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, 12-16,
912-17, 12-18, and 12-18.1 as follows:
 
10    (720 ILCS 5/Art. 11 Subdiv. 1 heading new)
11
SUBDIVISION 1. GENERAL DEFINITIONS

 
12    (720 ILCS 5/11-0.1 new)
13    Sec. 11-0.1. Definitions. In this Article, unless the
14context clearly requires otherwise, the following terms are
15defined as indicated:
16    "Accused" means a person accused of an offense prohibited
17by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
18this Code or a person for whose conduct the accused is legally
19responsible under Article 5 of this Code.
20    "Adult obscenity or child pornography Internet site". See
21Section 11-23.
22    "Advance prostitution" means:
23        (1) Soliciting for a prostitute by performing any of
24    the following acts when acting other than as a prostitute

 

 

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1    or a patron of a prostitute:
2            (A) Soliciting another for the purpose of
3        prostitution.
4            (B) Arranging or offering to arrange a meeting of
5        persons for the purpose of prostitution.
6            (C) Directing another to a place knowing the
7        direction is for the purpose of prostitution.
8        (2) Keeping a place of prostitution by controlling or
9    exercising control over the use of any place that could
10    offer seclusion or shelter for the practice of prostitution
11    and performing any of the following acts when acting other
12    than as a prostitute or a patron of a prostitute:
13            (A) Knowingly granting or permitting the use of the
14        place for the purpose of prostitution.
15            (B) Granting or permitting the use of the place
16        under circumstances from which he or she could
17        reasonably know that the place is used or is to be used
18        for purposes of prostitution.
19            (C) Permitting the continued use of the place after
20        becoming aware of facts or circumstances from which he
21        or she should reasonably know that the place is being
22        used for purposes of prostitution.
23    "Agency". See Section 11-9.5.
24    "Arranges". See Section 11-6.5.
25    "Bodily harm" means physical harm, and includes, but is not
26limited to, sexually transmitted disease, pregnancy, and

 

 

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1impotence.
2    "Care and custody". See Section 11-9.5.
3    "Child care institution". See Section 11-9.3.
4    "Child pornography". See Section 11-20.1.
5    "Child sex offender". See Section 11-9.3.
6    "Community agency". See Section 11-9.5.
7    "Conditional release". See Section 11-9.2.
8    "Consent". See Section 11-1.70.
9    "Custody". See Section 11-9.2.
10    "Day care center". See Section 11-9.3.
11    "Depict by computer". See Section 11-20.1.
12    "Depiction by computer". See Section 11-20.1.
13    "Disseminate". See Section 11-20.1.
14    "Distribute". See Section 11-21.
15    "Family member" means a parent, grandparent, child, aunt,
16uncle, great-aunt, or great-uncle, whether by whole blood,
17half-blood, or adoption, and includes a step-grandparent,
18step-parent, or step-child. "Family member" also means, if the
19victim is a child under 18 years of age, an accused who has
20resided in the household with the child continuously for at
21least 6 months.
22    "Force or threat of force" means the use of force or
23violence or the threat of force or violence, including, but not
24limited to, the following situations:
25        (1) when the accused threatens to use force or violence
26    on the victim or on any other person, and the victim under

 

 

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1    the circumstances reasonably believes that the accused has
2    the ability to execute that threat; or
3        (2) when the accused overcomes the victim by use of
4    superior strength or size, physical restraint, or physical
5    confinement.
6    "Harmful to minors". See Section 11-21.
7    "Loiter". See Section 9.3.
8    "Material". See Section 11-21.
9    "Minor". See Section 11-21.
10    "Nudity". See Section 11-21.
11    "Obscene". See Section 11-20.
12    "Part day child care facility". See Section 11-9.3.
13    "Penal system". See Section 11-9.2.
14    "Person responsible for the child's welfare". See Section
1511-9.1A.
16    "Person with a disability". See Section 11-9.5.
17    "Playground". See Section 11-9.3.
18    "Probation officer". See Section 11-9.2.
19    "Produce". See Section 11-20.1.
20    "Profit from prostitution" means, when acting other than as
21a prostitute, to receive anything of value for personally
22rendered prostitution services or to receive anything of value
23from a prostitute, if the thing received is not for lawful
24consideration and the person knows it was earned in whole or in
25part from the practice of prostitution.
26    "Public park". See Section 11-9.3.

 

 

SB1310 Engrossed- 371 -LRB096 09456 RLC 19613 b

1    "Public place". See Section 11-30.
2    "Reproduce". See Section 11-20.1.
3    "Sado-masochistic abuse". See Section 11-21.
4    "School". See Section 11-9.3.
5    "School official". See Section 11-9.3.
6    "Sexual abuse". See Section 11-9.1A.
7    "Sexual act". See Section 11-9.1.
8    "Sexual conduct" means any knowing touching or fondling by
9the victim or the accused, either directly or through clothing,
10of the sex organs, anus, or breast of the victim or the
11accused, or any part of the body of a child under 13 years of
12age, or any transfer or transmission of semen by the accused
13upon any part of the clothed or unclothed body of the victim,
14for the purpose of sexual gratification or arousal of the
15victim or the accused.
16    "Sexual excitement". See Section 11-21.
17    "Sexual penetration" means any contact, however slight,
18between the sex organ or anus of one person and an object or
19the sex organ, mouth, or anus of another person, or any
20intrusion, however slight, of any part of the body of one
21person or of any animal or object into the sex organ or anus of
22another person, including, but not limited to, cunnilingus,
23fellatio, or anal penetration. Evidence of emission of semen is
24not required to prove sexual penetration.
25    "Solicit". See Section 11-6.
26    "State-operated facility". See Section 11-9.5.

 

 

SB1310 Engrossed- 372 -LRB096 09456 RLC 19613 b

1    "Supervising officer". See Section 11-9.2.
2    "Surveillance agent". See Section 11-9.2.
3    "Treatment and detention facility". See Section 11-9.2.
4    "Victim" means a person alleging to have been subjected to
5an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
611-1.50, or 11-1.60 of this Code.
 
7    (720 ILCS 5/Art. 11 Subdiv. 5 heading new)
8
SUBDIVISION 5. MAJOR SEX OFFENSES

 
9    (720 ILCS 5/11-1.10)   (was 720 ILCS 5/12-18)
10    Sec. 11-1.10. 12-18. General provisions concerning
11offenses described in Sections 11-1.20 through 11-1.60.
12Provisions.
13    (a) No person accused of violating Section 11-1.20,
1411-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14,
1512-15 or 12-16 of this Code shall be presumed to be incapable
16of committing an offense prohibited by Section 11-1.20,
1711-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14,
1812-14.1, 12-15 or 12-16 of this Code because of age, physical
19condition or relationship to the victim, except as otherwise
20provided in subsection (c) of this Section. Nothing in this
21Section shall be construed to modify or abrogate the
22affirmative defense of infancy under Section 6-1 of this Code
23or the provisions of Section 5-805 of the Juvenile Court Act of
241987.

 

 

SB1310 Engrossed- 373 -LRB096 09456 RLC 19613 b

1    (b) Any medical examination or procedure which is conducted
2by a physician, nurse, medical or hospital personnel, parent,
3or caretaker for purposes and in a manner consistent with
4reasonable medical standards is not an offense under Section
511-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13,
612-14, 12-14.1, 12-15 and 12-16 of this Code.
7    (c) (Blank).
8    (d) (Blank).
9    (e) After a finding at a preliminary hearing that there is
10probable cause to believe that an accused has committed a
11violation of Section 11-1.20, 11-1.30, or 11-1.40 12-13, 12-14,
12or 12-14.1 of this Code, or after an indictment is returned
13charging an accused with a violation of Section 11-1.20,
1411-1.30, or 11-1.40 12-13, 12-14, or 12-14.1 of this Code, or
15after a finding that a defendant charged with a violation of
16Section 11-1.20, 11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1
17of this Code is unfit to stand trial pursuant to Section 104-16
18of the Code of Criminal Procedure of 1963 where the finding is
19made prior to preliminary hearing, at the request of the person
20who was the victim of the violation of Section 11-1.20,
2111-1.30, or 11-1.40 12-13, 12-14, or 12-14.1, the prosecuting
22State's attorney shall seek an order from the court to compel
23the accused to be tested within 48 hours for any sexually
24transmissible disease, including a test for infection with
25human immunodeficiency virus (HIV). The medical tests shall be
26performed only by appropriately licensed medical

 

 

SB1310 Engrossed- 374 -LRB096 09456 RLC 19613 b

1practitioners. The test for infection with human
2immunodeficiency virus (HIV) shall consist of an enzyme-linked
3immunosorbent assay (ELISA) test, or such other test as may be
4approved by the Illinois Department of Public Health; in the
5event of a positive result, the Western Blot Assay or a more
6reliable confirmatory test shall be administered. The results
7of the tests and any follow-up tests shall be kept strictly
8confidential by all medical personnel involved in the testing
9and must be personally delivered in a sealed envelope to the
10victim, to the defendant, to the State's Attorney, and to the
11judge who entered the order, for the judge's inspection in
12camera. The judge shall provide to the victim a referral to the
13Illinois Department of Public Health HIV/AIDS toll-free
14hotline for counseling and information in connection with the
15test result. Acting in accordance with the best interests of
16the victim and the public, the judge shall have the discretion
17to determine to whom, if anyone, the result of the testing may
18be revealed; however, in no case shall the identity of the
19victim be disclosed. The court shall order that the cost of the
20tests shall be paid by the county, and shall be taxed as costs
21against the accused if convicted.
22    (f) Whenever any law enforcement officer has reasonable
23cause to believe that a person has been delivered a controlled
24substance without his or her consent, the law enforcement
25officer shall advise the victim about seeking medical treatment
26and preserving evidence.

 

 

SB1310 Engrossed- 375 -LRB096 09456 RLC 19613 b

1    (g) Every hospital providing emergency hospital services
2to an alleged sexual assault survivor, when there is reasonable
3cause to believe that a person has been delivered a controlled
4substance without his or her consent, shall designate personnel
5to provide:
6        (1) An explanation to the victim about the nature and
7    effects of commonly used controlled substances and how such
8    controlled substances are administered.
9        (2) An offer to the victim of testing for the presence
10    of such controlled substances.
11        (3) A disclosure to the victim that all controlled
12    substances or alcohol ingested by the victim will be
13    disclosed by the test.
14        (4) A statement that the test is completely voluntary.
15        (5) A form for written authorization for sample
16    analysis of all controlled substances and alcohol ingested
17    by the victim.
18    A physician licensed to practice medicine in all its
19branches may agree to be a designated person under this
20subsection.
21    No sample analysis may be performed unless the victim
22returns a signed written authorization within 30 days after the
23sample was collected.
24    Any medical treatment or care under this subsection shall
25be only in accordance with the order of a physician licensed to
26practice medicine in all of its branches. Any testing under

 

 

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1this subsection shall be only in accordance with the order of a
2licensed individual authorized to order the testing.
3(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
 
4    (720 ILCS 5/11-1.20)    (was 720 ILCS 5/12-13)
5    Sec. 11-1.20. 12-13. Criminal Sexual Assault.
6    (a) A person commits criminal sexual assault if that person
7commits an act of sexual penetration and:
8        (1) uses force or threat of force;
9        (2) knows that the victim is unable to understand the
10    nature of the act or is unable to give knowing consent;
11        (3) is a family member of the victim, and the victim is
12    under 18 years of age; or
13        (4) is 17 years of age or over and holds a position of
14    trust, authority, or supervision in relation to the victim,
15    and the victim is at least 13 years of age but under 18
16    years of age. The accused commits criminal sexual assault
17    if he or she:
18        (1) commits an act of sexual penetration by the use of
19    force or threat of force; or
20        (2) commits an act of sexual penetration and the
21    accused knew that the victim was unable to understand the
22    nature of the act or was unable to give knowing consent; or
23        (3) commits an act of sexual penetration with a victim
24    who was under 18 years of age when the act was committed
25    and the accused was a family member; or

 

 

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1        (4) commits an act of sexual penetration with a victim
2    who was at least 13 years of age but under 18 years of age
3    when the act was committed and the accused was 17 years of
4    age or over and held a position of trust, authority or
5    supervision in relation to the victim.
6    (b) Sentence.
7        (1) Criminal sexual assault is a Class 1 felony, except
8    that: .
9            (A) (2) A person who is convicted of the offense of
10        criminal sexual assault as defined in paragraph (a)(1)
11        or (a)(2) after having previously been convicted of the
12        offense of criminal sexual assault or the offense of
13        exploitation of a child, or who is convicted of the
14        offense of criminal sexual assault as defined in
15        paragraph (a)(1) or (a)(2) after having previously
16        been convicted under the laws of this State or any
17        other state of an offense that is substantially
18        equivalent to the offense of criminal sexual assault or
19        to the offense of exploitation of a child, commits a
20        Class X felony for which the person shall be sentenced
21        to a term of imprisonment of not less than 30 years and
22        not more than 60 years. The commission of the second or
23        subsequent offense is required to have been after the
24        initial conviction for this paragraph (A) (2) to apply.
25            (B) (3) A person who is convicted of the offense of
26        criminal sexual assault as defined in paragraph (a)(1)

 

 

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1        or (a)(2) after having previously been convicted of the
2        offense of aggravated criminal sexual assault or the
3        offense of predatory criminal sexual assault of a
4        child, or who is convicted of the offense of criminal
5        sexual assault as defined in paragraph (a)(1) or (a)(2)
6        after having previously been convicted under the laws
7        of this State or any other state of an offense that is
8        substantially equivalent to the offense of aggravated
9        criminal sexual assault or the offense of criminal
10        predatory criminal sexual assault of a child shall be
11        sentenced to a term of natural life imprisonment. The
12        commission of the second or subsequent offense is
13        required to have been after the initial conviction for
14        this paragraph (B) (3) to apply.
15            (C) (4) A second or subsequent conviction for a
16        violation of paragraph (a)(3) or (a)(4) or under any
17        similar statute of this State or any other state for
18        any offense involving criminal sexual assault that is
19        substantially equivalent to or more serious than the
20        sexual assault prohibited under paragraph (a)(3) or
21        (a)(4) is a Class X felony.
22        (5) When a person has any such prior conviction, the
23    information or indictment charging that person shall state
24    such prior conviction so as to give notice of the State's
25    intention to treat the charge as a Class X felony. The fact
26    of such prior conviction is not an element of the offense

 

 

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1    and may not be disclosed to the jury during trial unless
2    otherwise permitted by issues properly raised during such
3    trial.
4(Source: P.A. 95-640, eff. 6-1-08.)
 
5    (720 ILCS 5/11-1.30)   (was 720 ILCS 5/12-14)
6    Sec. 11-1.30 12-14. Aggravated Criminal Sexual Assault.
7    (a) A person commits aggravated criminal sexual assault if
8that person commits criminal sexual assault and any of the
9following aggravating circumstances exist during the
10commission of the offense or, for purposes of paragraph (7),
11occur as part of the same course of conduct as the commission
12of the offense:
13        (1) the person displays, threatens to use, or uses a
14    dangerous weapon, other than a firearm, or any other object
15    fashioned or used in a manner that leads the victim, under
16    the circumstances, reasonably to believe that the object is
17    a dangerous weapon;
18        (2) the person causes bodily harm to the victim, except
19    as provided in paragraph (10);
20        (3) the person acts in a manner that threatens or
21    endangers the life of the victim or any other person;
22        (4) the person commits the criminal sexual assault
23    during the course of committing or attempting to commit any
24    other felony;
25        (5) the victim is 60 years of age or older;

 

 

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1        (6) the victim is a physically handicapped person;
2        (7) the person delivers (by injection, inhalation,
3    ingestion, transfer of possession, or any other means) any
4    controlled substance to the victim without the victim's
5    consent or by threat or deception for other than medical
6    purposes;
7        (8) the person is armed with a firearm;
8        (9) the person personally discharges a firearm during
9    the commission of the offense; or
10        (10) the person personally discharges a firearm during
11    the commission of the offense, and that discharge
12    proximately causes great bodily harm, permanent
13    disability, permanent disfigurement, or death to another
14    person. The accused commits aggravated criminal sexual
15    assault if he or she commits criminal sexual assault and
16    any of the following aggravating circumstances existed
17    during, or for the purposes of paragraph (7) of this
18    subsection (a) as part of the same course of conduct as,
19    the commission of the offense:
20        (1) the accused displayed, threatened to use, or used a
21    dangerous weapon, other than a firearm, or any object
22    fashioned or utilized in such a manner as to lead the
23    victim under the circumstances reasonably to believe it to
24    be a dangerous weapon; or
25        (2) the accused caused bodily harm, except as provided
26    in subsection (a)(10), to the victim; or

 

 

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1        (3) the accused acted in such a manner as to threaten
2    or endanger the life of the victim or any other person; or
3        (4) the criminal sexual assault was perpetrated during
4    the course of the commission or attempted commission of any
5    other felony by the accused; or
6        (5) the victim was 60 years of age or over when the
7    offense was committed; or
8        (6) the victim was a physically handicapped person; or
9        (7) the accused delivered (by injection, inhalation,
10    ingestion, transfer of possession, or any other means) to
11    the victim without his or her consent, or by threat or
12    deception, and for other than medical purposes, any
13    controlled substance; or
14        (8) the accused was armed with a firearm; or
15        (9) the accused personally discharged a firearm during
16    the commission of the offense; or
17        (10) the accused, during the commission of the offense,
18    personally discharged a firearm that proximately caused
19    great bodily harm, permanent disability, permanent
20    disfigurement, or death to another person.
21    (b) A person The accused commits aggravated criminal sexual
22assault if that person is the accused was under 17 years of age
23and: (i) commits an act of sexual penetration with a victim who
24is was under 9 years of age when the act was committed; or (ii)
25commits an act of sexual penetration with a victim who is was
26at least 9 years of age but under 13 years of age when the act

 

 

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1was committed and the person uses accused used force or threat
2of force to commit the act.
3    (c) A person The accused commits aggravated criminal sexual
4assault if that person he or she commits an act of sexual
5penetration with a victim who is was a severely or profoundly
6mentally retarded person at the time the act was committed.
7    (d) Sentence.
8        (1) Aggravated criminal sexual assault in violation of
9    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
10    or in violation of subsection (b) or (c) is a Class X
11    felony. A violation of subsection (a)(1) is a Class X
12    felony for which 10 years shall be added to the term of
13    imprisonment imposed by the court. A violation of
14    subsection (a)(8) is a Class X felony for which 15 years
15    shall be added to the term of imprisonment imposed by the
16    court. A violation of subsection (a)(9) is a Class X felony
17    for which 20 years shall be added to the term of
18    imprisonment imposed by the court. A violation of
19    subsection (a)(10) is a Class X felony for which 25 years
20    or up to a term of natural life imprisonment shall be added
21    to the term of imprisonment imposed by the court.
22        (2) A person who is convicted of a second or subsequent
23    offense of aggravated criminal sexual assault, or who is
24    convicted of the offense of aggravated criminal sexual
25    assault after having previously been convicted of the
26    offense of criminal sexual assault or the offense of

 

 

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1    predatory criminal sexual assault of a child, or who is
2    convicted of the offense of aggravated criminal sexual
3    assault after having previously been convicted under the
4    laws of this or any other state of an offense that is
5    substantially equivalent to the offense of criminal sexual
6    assault, the offense of aggravated criminal sexual assault
7    or the offense of predatory criminal sexual assault of a
8    child, shall be sentenced to a term of natural life
9    imprisonment. The commission of the second or subsequent
10    offense is required to have been after the initial
11    conviction for this paragraph (2) to apply.
12(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
13eff. 12-19-01; 92-721, eff. 1-1-03.)
 
14    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
15    Sec. 11-1.40 12-14.1. Predatory criminal sexual assault of
16a child.
17    (a) A person commits predatory criminal sexual assault of a
18child if that person commits an act of sexual penetration, is
1917 years of age or older, and:
20        (1) the victim is under 13 years of age; or
21        (2) the victim is under 13 years of age and that
22    person:
23            (A) is armed with a firearm;
24            (B) personally discharges a firearm during the
25        commission of the offense;

 

 

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1            (C) causes great bodily harm to the victim that:
2                (i) results in permanent disability; or
3                (ii) is life threatening; or
4            (D) delivers (by injection, inhalation, ingestion,
5        transfer of possession, or any other means) any
6        controlled substance to the victim without the
7        victim's consent or by threat or deception, for other
8        than medical purposes. The accused commits predatory
9        criminal sexual assault of a child if:
10        (1) the accused was 17 years of age or over and commits
11    an act of sexual penetration with a victim who was under 13
12    years of age when the act was committed; or
13        (1.1) the accused was 17 years of age or over and,
14    while armed with a firearm, commits an act of sexual
15    penetration with a victim who was under 13 years of age
16    when the act was committed; or
17        (1.2) the accused was 17 years of age or over and
18    commits an act of sexual penetration with a victim who was
19    under 13 years of age when the act was committed and,
20    during the commission of the offense, the accused
21    personally discharged a firearm; or
22        (2) the accused was 17 years of age or over and commits
23    an act of sexual penetration with a victim who was under 13
24    years of age when the act was committed and the accused
25    caused great bodily harm to the victim that:
26            (A) resulted in permanent disability; or

 

 

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1            (B) was life threatening; or
2        (3) the accused was 17 years of age or over and commits
3    an act of sexual penetration with a victim who was under 13
4    years of age when the act was committed and the accused
5    delivered (by injection, inhalation, ingestion, transfer
6    of possession, or any other means) to the victim without
7    his or her consent, or by threat or deception, and for
8    other than medical purposes, any controlled substance.
9    (b) Sentence.
10        (1) A person convicted of a violation of subsection
11    (a)(1) commits a Class X felony, for which the person shall
12    be sentenced to a term of imprisonment of not less than 6
13    years and not more than 60 years. A person convicted of a
14    violation of subsection (a)(2)(A) (a)(1.1) commits a Class
15    X felony for which 15 years shall be added to the term of
16    imprisonment imposed by the court. A person convicted of a
17    violation of subsection (a)(2)(B) (a)(1.2) commits a Class
18    X felony for which 20 years shall be added to the term of
19    imprisonment imposed by the court. A person convicted of a
20    violation of subsection (a)(2)(C) (a)(2) commits a Class X
21    felony for which the person shall be sentenced to a term of
22    imprisonment of not less than 50 years or up to a term of
23    natural life imprisonment.
24        (1.1) A person convicted of a violation of subsection
25    (a)(2)(D) (a)(3) commits a Class X felony for which the
26    person shall be sentenced to a term of imprisonment of not

 

 

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1    less than 50 years and not more than 60 years.
2        (1.2) A person convicted of predatory criminal sexual
3    assault of a child committed against 2 or more persons
4    regardless of whether the offenses occurred as the result
5    of the same act or of several related or unrelated acts
6    shall be sentenced to a term of natural life imprisonment.
7        (2) A person who is convicted of a second or subsequent
8    offense of predatory criminal sexual assault of a child, or
9    who is convicted of the offense of predatory criminal
10    sexual assault of a child after having previously been
11    convicted of the offense of criminal sexual assault or the
12    offense of aggravated criminal sexual assault, or who is
13    convicted of the offense of predatory criminal sexual
14    assault of a child after having previously been convicted
15    under the laws of this State or any other state of an
16    offense that is substantially equivalent to the offense of
17    predatory criminal sexual assault of a child, the offense
18    of aggravated criminal sexual assault or the offense of
19    criminal sexual assault, shall be sentenced to a term of
20    natural life imprisonment. The commission of the second or
21    subsequent offense is required to have been after the
22    initial conviction for this paragraph (2) to apply.
23(Source: P.A. 95-640, eff. 6-1-08.)
 
24    (720 ILCS 5/11-1.50)   (was 720 ILCS 5/12-15)
25    Sec. 11-1.50 12-15. Criminal sexual abuse.

 

 

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1    (a) A person The accused commits criminal sexual abuse if
2that person he or she:
3        (1) commits an act of sexual conduct by the use of
4    force or threat of force; or
5        (2) commits an act of sexual conduct and knows the
6    accused knew that the victim is was unable to understand
7    the nature of the act or is was unable to give knowing
8    consent.
9    (b) A person The accused commits criminal sexual abuse if
10that person is the accused was under 17 years of age and
11commits an act of sexual penetration or sexual conduct with a
12victim who is was at least 9 years of age but under 17 years of
13age when the act was committed.
14    (c) A person The accused commits criminal sexual abuse if
15that person he or she commits an act of sexual penetration or
16sexual conduct with a victim who is was at least 13 years of
17age but under 17 years of age and the person is accused was
18less than 5 years older than the victim.
19    (d) Sentence. Criminal sexual abuse for a violation of
20subsection (b) or (c) of this Section is a Class A misdemeanor.
21Criminal sexual abuse for a violation of paragraph (1) or (2)
22of subsection (a) of this Section is a Class 4 felony. A second
23or subsequent conviction for a violation of subsection (a) of
24this Section is a Class 2 felony. For purposes of this Section
25it is a second or subsequent conviction if the accused has at
26any time been convicted under this Section or under any similar

 

 

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1statute of this State or any other state for any offense
2involving sexual abuse or sexual assault that is substantially
3equivalent to or more serious than the sexual abuse prohibited
4under this Section.
5(Source: P.A. 91-389, eff. 1-1-00.)
 
6    (720 ILCS 5/11-1.60)   (was 720 ILCS 5/12-16)
7    Sec. 11-1.60 12-16. Aggravated Criminal Sexual Abuse.
8    (a) A person commits aggravated criminal sexual abuse if
9that person commits criminal sexual abuse and any of the
10following aggravating circumstances exist (i) during the
11commission of the offense or (ii) for purposes of paragraph
12(7), as part of the same course of conduct as the commission of
13the offense:
14        (1) the person displays, threatens to use, or uses a
15    dangerous weapon or any other object fashioned or used in a
16    manner that leads the victim, under the circumstances,
17    reasonably to believe that the object is a dangerous
18    weapon;
19        (2) the person causes bodily harm to the victim;
20        (3) the victim is 60 years of age or older;
21        (4) the victim is a physically handicapped person;
22        (5) the person acts in a manner that threatens or
23    endangers the life of the victim or any other person;
24        (6) the person commits the criminal sexual abuse during
25    the course of committing or attempting to commit any other

 

 

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1    felony; or
2        (7) the person delivers (by injection, inhalation,
3    ingestion, transfer of possession, or any other means) any
4    controlled substance to the victim for other than medical
5    purposes without the victim's consent or by threat or
6    deception. The accused commits aggravated criminal sexual
7    abuse if he or she commits criminal sexual abuse as defined
8    in subsection (a) of Section 12-15 of this Code and any of
9    the following aggravating circumstances existed during, or
10    for the purposes of paragraph (7) of this subsection (a) as
11    part of the same course of conduct as, the commission of
12    the offense:
13        (1) the accused displayed, threatened to use or used a
14    dangerous weapon or any object fashioned or utilized in
15    such a manner as to lead the victim under the circumstances
16    reasonably to believe it to be a dangerous weapon; or
17        (2) the accused caused bodily harm to the victim; or
18        (3) the victim was 60 years of age or over when the
19    offense was committed; or
20        (4) the victim was a physically handicapped person; or
21        (5) the accused acted in such a manner as to threaten
22    or endanger the life of the victim or any other person; or
23        (6) the criminal sexual abuse was perpetrated during
24    the course of the commission or attempted commission of any
25    other felony by the accused; or
26        (7) the accused delivered (by injection, inhalation,

 

 

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1    ingestion, transfer of possession, or any other means) to
2    the victim without his or her consent, or by threat or
3    deception, and for other than medical purposes, any
4    controlled substance.
5    (b) A person The accused commits aggravated criminal sexual
6abuse if that person he or she commits an act of sexual conduct
7with a victim who is was under 18 years of age when the act was
8committed and the person is accused was a family member.
9    (c) A person The accused commits aggravated criminal sexual
10abuse if:
11        (1) that person is the accused was 17 years of age or
12    over and: (i) commits an act of sexual conduct with a
13    victim who is was under 13 years of age when the act was
14    committed; or (ii) commits an act of sexual conduct with a
15    victim who is was at least 13 years of age but under 17
16    years of age when the act was committed and the person uses
17    accused used force or threat of force to commit the act; or
18        (2) that person is the accused was under 17 years of
19    age and: (i) commits an act of sexual conduct with a victim
20    who is was under 9 years of age when the act was committed;
21    or (ii) commits an act of sexual conduct with a victim who
22    is was at least 9 years of age but under 17 years of age
23    when the act was committed and the person uses accused used
24    force or threat of force to commit the act.
25    (d) A person The accused commits aggravated criminal sexual
26abuse if that person he or she commits an act of sexual

 

 

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1penetration or sexual conduct with a victim who is was at least
213 years of age but under 17 years of age and the person is
3accused was at least 5 years older than the victim.
4    (e) A person The accused commits aggravated criminal sexual
5abuse if that person he or she commits an act of sexual conduct
6with a victim who is was a severely or profoundly mentally
7retarded person at the time the act was committed.
8    (f) A person The accused commits aggravated criminal sexual
9abuse if that person he or she commits an act of sexual conduct
10with a victim who is was at least 13 years of age but under 18
11years of age when the act was committed and the person is
12accused was 17 years of age or over and holds held a position
13of trust, authority, or supervision in relation to the victim.
14    (g) Sentence. Aggravated criminal sexual abuse is a Class 2
15felony.
16(Source: P.A. 92-434, eff. 1-1-02.)
 
17    (720 ILCS 5/11-1.70)  (was 720 ILCS 5/12-17)
18    Sec. 11-1.70 12-17. Defenses with respect to offenses
19described in Sections 11-1.20 through 11-1.60.
20    (a) It shall be a defense to any offense under Section
2111-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 12-13 through
2212-16 of this Code where force or threat of force is an element
23of the offense that the victim consented. "Consent" means a
24freely given agreement to the act of sexual penetration or
25sexual conduct in question. Lack of verbal or physical

 

 

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1resistance or submission by the victim resulting from the use
2of force or threat of force by the accused shall not constitute
3consent. The manner of dress of the victim at the time of the
4offense shall not constitute consent.
5    (b) It shall be a defense under subsection (b) and
6subsection (c) of Section 11-1.50 12-15 and subsection (d) of
7Section 11-1.60 12-16 of this Code that the accused reasonably
8believed the person to be 17 years of age or over.
9    (c) A person who initially consents to sexual penetration
10or sexual conduct is not deemed to have consented to any sexual
11penetration or sexual conduct that occurs after he or she
12withdraws consent during the course of that sexual penetration
13or sexual conduct.
14(Source: P.A. 93-389, eff. 7-25-03.)
 
15    (720 ILCS 5/11-1.80)  (was 720 ILCS 5/12-18.1)
16    Sec. 11-1.80 12-18.1. Civil Liability.
17    (a) If any person has been convicted of any offense defined
18in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
1912-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such
20offense has a cause of action for damages against any person or
21entity who, by the manufacture, production, or wholesale
22distribution of any obscene material which was possessed or
23viewed by the person convicted of the offense, proximately
24caused such person, through his or her reading or viewing of
25the obscene material, to commit the violation of Section

 

 

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111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
212-14.1, 12-15, or 12-16. No victim may recover in any such
3action unless he or she proves by a preponderance of the
4evidence that: (1) the reading or viewing of the specific
5obscene material manufactured, produced, or distributed
6wholesale by the defendant proximately caused the person
7convicted of the violation of Section 11-1.20, 11-1.30,
811-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
912-16 to commit such violation and (2) the defendant knew or
10had reason to know that the manufacture, production, or
11wholesale distribution of such material was likely to cause a
12violation of an offense substantially of the type enumerated.
13    (b) The manufacturer, producer or wholesale distributor
14shall be liable to the victim for:
15    (1) actual damages incurred by the victim, including
16medical costs;
17    (2) court costs and reasonable attorneys fees;
18    (3) infliction of emotional distress;
19    (4) pain and suffering; and
20    (5) loss of consortium.
21    (c) Every action under this Section shall be commenced
22within 3 years after the conviction of the defendant for a
23violation of Section 11-1.20, 11-1.30, 11-1.50, 11-1.60,
2412-13, 12-14, 12-15 or 12-16 of this Code. However, if the
25victim was under the age of 18 years at the time of the
26conviction of the defendant for a violation of Section 11-1.20,

 

 

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111-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
212-15 or 12-16 of this Code, an action under this Section shall
3be commenced within 3 years after the victim attains the age of
418 years.
5    (d) For the purposes of this Section:
6    (1) "obscene" has the meaning ascribed to it in subsection
7(b) of Section 11-20 of this Code;
8    (2) "wholesale distributor" means any individual,
9partnership, corporation, association, or other legal entity
10which stands between the manufacturer and the retail seller in
11purchases, consignments, contracts for sale or rental of the
12obscene material;
13    (3) "producer" means any individual, partnership,
14corporation, association, or other legal entity which finances
15or supervises, to any extent, the production or making of
16obscene material;
17    (4) "manufacturer" means any individual, partnership,
18corporation, association, or other legal entity which
19manufacturers, assembles or produces obscene material.
20(Source: P.A. 86-857.)
 
21    (720 ILCS 5/11-6)  (from Ch. 38, par. 11-6)
22    Sec. 11-6. Indecent solicitation of a child.
23    (a) A person of the age of 17 years and upwards commits the
24offense of indecent solicitation of a child if the person, with
25the intent that the offense of aggravated criminal sexual

 

 

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1assault, criminal sexual assault, predatory criminal sexual
2assault of a child, or aggravated criminal sexual abuse be
3committed, knowingly solicits a child or one whom he or she
4believes to be a child to perform an act of sexual penetration
5or sexual conduct as defined in Section 11-0.1 12-12 of this
6Code.
7    (a-5) A person of the age of 17 years and upwards commits
8the offense of indecent solicitation of a child if the person
9knowingly discusses an act of sexual conduct or sexual
10penetration with a child or with one whom he or she believes to
11be a child by means of the Internet with the intent that the
12offense of aggravated criminal sexual assault, predatory
13criminal sexual assault of a child, or aggravated criminal
14sexual abuse be committed.
15    (a-6) It is not a defense to subsection (a-5) that the
16person did not solicit the child to perform sexual conduct or
17sexual penetration with the person.
18    (b) Definitions. As used in this Section:
19        "Solicit" means to command, authorize, urge, incite,
20    request, or advise another to perform an act by any means
21    including, but not limited to, in person, over the phone,
22    in writing, by computer, or by advertisement of any kind.
23        "Child" means a person under 17 years of age.
24        "Internet" has the meaning set forth in Section 16J-5
25    of this Code means an interactive computer service or
26    system or an information service, system, or access

 

 

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1    software provider that provides or enables computer access
2    by multiple users to a computer server, and includes, but
3    is not limited to, an information service, system, or
4    access software provider that provides access to a network
5    system commonly known as the Internet, or any comparable
6    system or service and also includes, but is not limited to,
7    a World Wide Web page, newsgroup, message board, mailing
8    list, or chat area on any interactive computer service or
9    system or other online service.
10        "Sexual penetration" or "sexual conduct" are defined
11    in Section 11-0.1 12-12 of this Code.
12    (c) Sentence. Indecent solicitation of a child under
13subsection (a) is:
14        (1) a Class 1 felony when the act, if done, would be
15    predatory criminal sexual assault of a child or aggravated
16    criminal sexual assault;
17        (2) a Class 2 felony when the act, if done, would be
18    criminal sexual assault;
19        (3) a Class 3 felony when the act, if done, would be
20    aggravated criminal sexual abuse.
21    Indecent solicitation of a child under subsection (a-5) is
22a Class 4 felony.
23(Source: P.A. 95-143, eff. 1-1-08.)
 
24    (720 ILCS 5/11-6.5)
25    Sec. 11-6.5. Indecent solicitation of an adult.

 

 

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1    (a) A person commits indecent solicitation of an adult if
2the person knowingly:
3        (1) Arranges for a person 17 years of age or over to
4    commit an act of sexual penetration as defined in Section
5    11-0.1 12-12 with a person:
6            (i) Under the age of 13 years; or
7            (ii) Thirteen years of age or over but under the
8        age of 17 years; or
9        (2) Arranges for a person 17 years of age or over to
10    commit an act of sexual conduct as defined in Section
11    11-0.1 12-12 with a person:
12            (i) Under the age of 13 years; or
13            (ii) Thirteen years of age or older but under the
14        age of 17 years.
15    (b) Sentence.
16        (1) Violation of paragraph (a)(1)(i) is a Class X
17    felony.
18        (2) Violation of paragraph (a)(1)(ii) is a Class 1
19    felony.
20        (3) Violation of paragraph (a)(2)(i) is a Class 2
21    felony.
22        (4) Violation of paragraph (a)(2)(ii) is a Class A
23    misdemeanor.
24    (c) For the purposes of this Section, "arranges" includes
25but is not limited to oral or written communication and
26communication by telephone, computer, or other electronic

 

 

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1means. "Computer" has the meaning ascribed to it in Section
216D-2 of this Code.
3(Source: P.A. 88-165; 89-203, eff. 7-21-95.)
 
4    (720 ILCS 5/Art. 11 Subdiv. 10 heading new)
5
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES

 
6    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
7    Sec. 11-9.1. Sexual exploitation of a child.
8    (a) A Any person commits sexual exploitation of a child if
9in the presence or virtual presence, or both, of a child and
10with intent or knowledge that a child or one whom he or she
11believes to be a child would view his or her acts, that person:
12        (1) engages in a sexual act; or
13        (2) exposes his or her sex organs, anus or breast for
14    the purpose of sexual arousal or gratification of such
15    person or the child or one whom he or she believes to be a
16    child.
17    (a-5) A person commits sexual exploitation of a child who
18knowingly entices, coerces, or persuades a child to remove the
19child's clothing for the purpose of sexual arousal or
20gratification of the person or the child, or both.
21    (b) Definitions. As used in this Section:
22    "Sexual act" means masturbation, sexual conduct or sexual
23penetration as defined in Section 11-0.1 12-12 of this Code.
24    "Sex offense" means any violation of Article 11 of this

 

 

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1Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
212-16, or 12-16.2 of this Code.
3    "Child" means a person under 17 years of age.
4    "Virtual presence" means an environment that is created
5with software and presented to the user and or receiver via the
6Internet, in such a way that the user appears in front of the
7receiver on the computer monitor or screen or hand held
8portable electronic device, usually through a web camming
9program. "Virtual presence" includes primarily experiencing
10through sight or sound, or both, a video image that can be
11explored interactively at a personal computer or hand held
12communication device, or both.
13    "Webcam" means a video capturing device connected to a
14computer or computer network that is designed to take digital
15photographs or live or recorded video which allows for the live
16transmission to an end user over the Internet.
17    (c) Sentence.
18        (1) Sexual exploitation of a child is a Class A
19    misdemeanor. A second or subsequent violation of this
20    Section or a substantially similar law of another state is
21    a Class 4 felony.
22        (2) Sexual exploitation of a child is a Class 4 felony
23    if the person has been previously convicted of a sex
24    offense.
25        (3) Sexual exploitation of a child is a Class 4 felony
26    if the victim was under 13 years of age at the time of the

 

 

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1    commission of the offense.
2        (4) Sexual exploitation of a child is a Class 4 felony
3    if committed by a person 18 years of age or older who is on
4    or within 500 feet of elementary or secondary school
5    grounds when children are present on the grounds.
6(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
7revised 9-16-10.)
 
8    (720 ILCS 5/11-9.1A new)
9    Sec. 11-9.1A. Permitting sexual abuse of a child.
10    (a) A person responsible for a child's welfare commits
11permitting sexual abuse of a child if the person has actual
12knowledge of and permits an act of sexual abuse upon the child,
13or permits the child to engage in prostitution as defined in
14Section 11-14 of the Criminal Code of 1961.
15    (b) In this Section:
16    "Actual knowledge" includes credible allegations made by
17the child.
18    "Child" means a minor under the age of 17 years.
19    "Person responsible for the child's welfare" means the
20child's parent, step-parent, legal guardian, or other person
21having custody of a child, who is responsible for the child's
22care at the time of the alleged sexual abuse.
23    "Prostitution" means prostitution as defined in Section
2411-14 of the Criminal Code of 1961.
25    "Sexual abuse" includes criminal sexual abuse or criminal

 

 

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1sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40,
211-1.50, or 11-1.60 of the Criminal Code of 1961.
3    (c) This Section does not apply to a person responsible for
4the child's welfare who, having reason to believe that sexual
5abuse has occurred, makes timely and reasonable efforts to stop
6the sexual abuse by reporting the sexual abuse in conformance
7with the Abused and Neglected Child Reporting Act or by
8reporting the sexual abuse, or causing a report to be made, to
9medical or law enforcement authorities or anyone who is a
10mandated reporter under Section 4 of the Abused and Neglected
11Child Reporting Act.
12    (d) Whenever a law enforcement officer has reason to
13believe that the child or the person responsible for the
14child's welfare has been abused by a family or household member
15as defined by the Illinois Domestic Violence Act of 1986, the
16officer shall immediately use all reasonable means to prevent
17further abuse under Section 112A-30 of the Code of Criminal
18Procedure of 1963.
19    (e) An order of protection under Section 111-8 of the Code
20of Criminal Procedure of 1963 shall be sought in all cases
21where there is reason to believe that a child has been sexually
22abused by a family or household member. In considering
23appropriate available remedies, it shall be presumed that
24awarding physical care or custody to the abuser is not in the
25child's best interest.
26    (f) A person may not be charged with the offense of

 

 

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1permitting sexual abuse of a child under this Section until the
2person who committed the offense is charged with criminal
3sexual assault, aggravated criminal sexual assault, predatory
4criminal sexual assault of a child, criminal sexual abuse,
5aggravated criminal sexual abuse, or prostitution.
6    (g) A person convicted of permitting the sexual abuse of a
7child is guilty of a Class 1 felony. As a condition of any
8sentence of supervision, probation, conditional discharge, or
9mandatory supervised release, any person convicted under this
10Section shall be ordered to undergo child sexual abuse,
11domestic violence, or other appropriate counseling for a
12specified duration with a qualified social or mental health
13worker.
14    (h) It is an affirmative defense to a charge of permitting
15sexual abuse of a child under this Section that the person
16responsible for the child's welfare had a reasonable
17apprehension that timely action to stop the abuse or
18prostitution would result in the imminent infliction of death,
19great bodily harm, permanent disfigurement, or permanent
20disability to that person or another in retaliation for
21reporting.
 
22    (720 ILCS 5/11-9.2)
23    Sec. 11-9.2. Custodial sexual misconduct.
24    (a) A person commits the offense of custodial sexual
25misconduct when: (1) he or she is an employee of a penal system

 

 

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1and engages in sexual conduct or sexual penetration with a
2person who is in the custody of that penal system or (2) he or
3she is an employee of a treatment and detention facility and
4engages in sexual conduct or sexual penetration with a person
5who is in the custody of that treatment and detention facility.
6    (b) A probation or supervising officer or surveillance
7agent commits the offense of custodial sexual misconduct when
8the probation or supervising officer or surveillance agent
9engages in sexual conduct or sexual penetration with a
10probationer, parolee, or releasee or person serving a term of
11conditional release who is under the supervisory,
12disciplinary, or custodial authority of the officer or agent so
13engaging in the sexual conduct or sexual penetration.
14    (c) Custodial sexual misconduct is a Class 3 felony.
15    (d) Any person convicted of violating this Section
16immediately shall forfeit his or her employment with a penal
17system, treatment and detention facility, or conditional
18release program.
19    (e) For purposes of this Section, the consent of the
20probationer, parolee, releasee, or inmate in custody of the
21penal system or person detained or civilly committed under the
22Sexually Violent Persons Commitment Act shall not be a defense
23to a prosecution under this Section. A person is deemed
24incapable of consent, for purposes of this Section, when he or
25she is a probationer, parolee, releasee, or inmate in custody
26of a penal system or person detained or civilly committed under

 

 

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1the Sexually Violent Persons Commitment Act.
2    (f) This Section does not apply to:
3        (1) Any employee, probation or supervising officer, or
4    surveillance agent who is lawfully married to a person in
5    custody if the marriage occurred before the date of
6    custody.
7        (2) Any employee, probation or supervising officer, or
8    surveillance agent who has no knowledge, and would have no
9    reason to believe, that the person with whom he or she
10    engaged in custodial sexual misconduct was a person in
11    custody.
12    (g) In this Section:
13        (1) "Custody" means:
14            (i) pretrial incarceration or detention;
15            (ii) incarceration or detention under a sentence
16        or commitment to a State or local penal institution;
17            (iii) parole or mandatory supervised release;
18            (iv) electronic home detention;
19            (v) probation;
20            (vi) detention or civil commitment either in
21        secure care or in the community under the Sexually
22        Violent Persons Commitment Act.
23        (2) "Penal system" means any system which includes
24    institutions as defined in Section 2-14 of this Code or a
25    county shelter care or detention home established under
26    Section 1 of the County Shelter Care and Detention Home

 

 

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1    Act.
2        (2.1) "Treatment and detention facility" means any
3    Department of Human Services facility established for the
4    detention or civil commitment of persons under the Sexually
5    Violent Persons Commitment Act.
6        (2.2) "Conditional release" means a program of
7    treatment and services, vocational services, and alcohol
8    or other drug abuse treatment provided to any person
9    civilly committed and conditionally released to the
10    community under the Sexually Violent Persons Commitment
11    Act;
12        (3) "Employee" means:
13            (i) an employee of any governmental agency of this
14        State or any county or municipal corporation that has
15        by statute, ordinance, or court order the
16        responsibility for the care, control, or supervision
17        of pretrial or sentenced persons in a penal system or
18        persons detained or civilly committed under the
19        Sexually Violent Persons Commitment Act;
20            (ii) a contractual employee of a penal system as
21        defined in paragraph (g)(2) of this Section who works
22        in a penal institution as defined in Section 2-14 of
23        this Code;
24            (iii) a contractual employee of a "treatment and
25        detention facility" as defined in paragraph (g)(2.1)
26        of this Code or a contractual employee of the

 

 

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1        Department of Human Services who provides supervision
2        of persons serving a term of conditional release as
3        defined in paragraph (g)(2.2) of this Code.
4        (4) "Sexual conduct" or "sexual penetration" means any
5    act of sexual conduct or sexual penetration as defined in
6    Section 11-0.1 12-12 of this Code.
7        (5) "Probation officer" means any person employed in a
8    probation or court services department as defined in
9    Section 9b of the Probation and Probation Officers Act.
10        (6) "Supervising officer" means any person employed to
11    supervise persons placed on parole or mandatory supervised
12    release with the duties described in Section 3-14-2 of the
13    Unified Code of Corrections.
14        (7) "Surveillance agent" means any person employed or
15    contracted to supervise persons placed on conditional
16    release in the community under the Sexually Violent Persons
17    Commitment Act.
18(Source: P.A. 92-415, eff. 8-17-01.)
 
19    (720 ILCS 5/11-9.3)
20    Sec. 11-9.3. Presence within school zone by child sex
21offenders prohibited; approaching, contacting, residing with,
22or communicating with a child within certain places by child
23sex offenders prohibited.
24    (a) It is unlawful for a child sex offender to knowingly be
25present in any school building, on real property comprising any

 

 

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1school, or in any conveyance owned, leased, or contracted by a
2school to transport students to or from school or a school
3related activity when persons under the age of 18 are present
4in the building, on the grounds or in the conveyance, unless
5the offender is a parent or guardian of a student attending the
6school and the parent or guardian is: (i) attending a
7conference at the school with school personnel to discuss the
8progress of his or her child academically or socially, (ii)
9participating in child review conferences in which evaluation
10and placement decisions may be made with respect to his or her
11child regarding special education services, or (iii) attending
12conferences to discuss other student issues concerning his or
13her child such as retention and promotion and notifies the
14principal of the school of his or her presence at the school or
15unless the offender has permission to be present from the
16superintendent or the school board or in the case of a private
17school from the principal. In the case of a public school, if
18permission is granted, the superintendent or school board
19president must inform the principal of the school where the sex
20offender will be present. Notification includes the nature of
21the sex offender's visit and the hours in which the sex
22offender will be present in the school. The sex offender is
23responsible for notifying the principal's office when he or she
24arrives on school property and when he or she departs from
25school property. If the sex offender is to be present in the
26vicinity of children, the sex offender has the duty to remain

 

 

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1under the direct supervision of a school official. A child sex
2offender who violates this provision is guilty of a Class 4
3felony.
4    (a-5) It is unlawful for a child sex offender to knowingly
5be present within 100 feet of a site posted as a pick-up or
6discharge stop for a conveyance owned, leased, or contracted by
7a school to transport students to or from school or a school
8related activity when one or more persons under the age of 18
9are present at the site.
10    (a-10) It is unlawful for a child sex offender to knowingly
11be present in any public park building or on real property
12comprising any public park when persons under the age of 18 are
13present in the building or on the grounds and to approach,
14contact, or communicate with a child under 18 years of age,
15unless the offender is a parent or guardian of a person under
1618 years of age present in the building or on the grounds.
17    (b) It is unlawful for a child sex offender to knowingly
18loiter within 500 feet of a school building or real property
19comprising any school while persons under the age of 18 are
20present in the building or on the grounds, unless the offender
21is a parent or guardian of a student attending the school and
22the parent or guardian is: (i) attending a conference at the
23school with school personnel to discuss the progress of his or
24her child academically or socially, (ii) participating in child
25review conferences in which evaluation and placement decisions
26may be made with respect to his or her child regarding special

 

 

SB1310 Engrossed- 409 -LRB096 09456 RLC 19613 b

1education services, or (iii) attending conferences to discuss
2other student issues concerning his or her child such as
3retention and promotion and notifies the principal of the
4school of his or her presence at the school or has permission
5to be present from the superintendent or the school board or in
6the case of a private school from the principal. In the case of
7a public school, if permission is granted, the superintendent
8or school board president must inform the principal of the
9school where the sex offender will be present. Notification
10includes the nature of the sex offender's visit and the hours
11in which the sex offender will be present in the school. The
12sex offender is responsible for notifying the principal's
13office when he or she arrives on school property and when he or
14she departs from school property. If the sex offender is to be
15present in the vicinity of children, the sex offender has the
16duty to remain under the direct supervision of a school
17official. A child sex offender who violates this provision is
18guilty of a Class 4 felony.
19    (b-2) It is unlawful for a child sex offender to knowingly
20loiter on a public way within 500 feet of a public park
21building or real property comprising any public park while
22persons under the age of 18 are present in the building or on
23the grounds and to approach, contact, or communicate with a
24child under 18 years of age, unless the offender is a parent or
25guardian of a person under 18 years of age present in the
26building or on the grounds.

 

 

SB1310 Engrossed- 410 -LRB096 09456 RLC 19613 b

1    (b-5) It is unlawful for a child sex offender to knowingly
2reside within 500 feet of a school building or the real
3property comprising any school that persons under the age of 18
4attend. Nothing in this subsection (b-5) prohibits a child sex
5offender from residing within 500 feet of a school building or
6the real property comprising any school that persons under 18
7attend if the property is owned by the child sex offender and
8was purchased before the effective date of this amendatory Act
9of the 91st General Assembly.
10    (b-10) It is unlawful for a child sex offender to knowingly
11reside within 500 feet of a playground, child care institution,
12day care center, part day child care facility, day care home,
13group day care home, or a facility providing programs or
14services exclusively directed toward persons under 18 years of
15age. Nothing in this subsection (b-10) prohibits a child sex
16offender from residing within 500 feet of a playground or a
17facility providing programs or services exclusively directed
18toward persons under 18 years of age if the property is owned
19by the child sex offender and was purchased before July 7,
202000. Nothing in this subsection (b-10) prohibits a child sex
21offender from residing within 500 feet of a child care
22institution, day care center, or part day child care facility
23if the property is owned by the child sex offender and was
24purchased before June 26, 2006. Nothing in this subsection
25(b-10) prohibits a child sex offender from residing within 500
26feet of a day care home or group day care home if the property

 

 

SB1310 Engrossed- 411 -LRB096 09456 RLC 19613 b

1is owned by the child sex offender and was purchased before
2August 14, 2008 (the effective date of Public Act 95-821).
3    (b-15) It is unlawful for a child sex offender to knowingly
4reside within 500 feet of the victim of the sex offense.
5Nothing in this subsection (b-15) prohibits a child sex
6offender from residing within 500 feet of the victim if the
7property in which the child sex offender resides is owned by
8the child sex offender and was purchased before August 22,
92002.
10    This subsection (b-15) does not apply if the victim of the
11sex offense is 21 years of age or older.
12    (b-20) It is unlawful for a child sex offender to knowingly
13communicate, other than for a lawful purpose under Illinois
14law, using the Internet or any other digital media, with a
15person under 18 years of age or with a person whom he or she
16believes to be a person under 18 years of age, unless the
17offender is a parent or guardian of the person under 18 years
18of age.
19    (c) It is unlawful for a child sex offender to knowingly
20operate, manage, be employed by, volunteer at, be associated
21with, or knowingly be present at any: (i) facility providing
22programs or services exclusively directed toward persons under
23the age of 18; (ii) day care center; (iii) part day child care
24facility; (iv) child care institution; (v) school providing
25before and after school programs for children under 18 years of
26age; (vi) day care home; or (vii) group day care home. This

 

 

SB1310 Engrossed- 412 -LRB096 09456 RLC 19613 b

1does not prohibit a child sex offender from owning the real
2property upon which the programs or services are offered or
3upon which the day care center, part day child care facility,
4child care institution, or school providing before and after
5school programs for children under 18 years of age is located,
6provided the child sex offender refrains from being present on
7the premises for the hours during which: (1) the programs or
8services are being offered or (2) the day care center, part day
9child care facility, child care institution, or school
10providing before and after school programs for children under
1118 years of age, day care home, or group day care home is
12operated.
13    (c-5) It is unlawful for a child sex offender to knowingly
14operate, manage, be employed by, or be associated with any
15county fair when persons under the age of 18 are present.
16    (c-6) It is unlawful for a child sex offender who owns and
17resides at residential real estate to knowingly rent any
18residential unit within the same building in which he or she
19resides to a person who is the parent or guardian of a child or
20children under 18 years of age. This subsection shall apply
21only to leases or other rental arrangements entered into after
22January 1, 2009 (the effective date of Public Act 95-820).
23    (c-7) It is unlawful for a child sex offender to knowingly
24offer or provide any programs or services to persons under 18
25years of age in his or her residence or the residence of
26another or in any facility for the purpose of offering or

 

 

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1providing such programs or services, whether such programs or
2services are offered or provided by contract, agreement,
3arrangement, or on a volunteer basis.
4    (c-8) It is unlawful for a child sex offender to knowingly
5operate, whether authorized to do so or not, any of the
6following vehicles: (1) a vehicle which is specifically
7designed, constructed or modified and equipped to be used for
8the retail sale of food or beverages, including but not limited
9to an ice cream truck; (2) an authorized emergency vehicle; or
10(3) a rescue vehicle.
11    (d) (c) Definitions. In this Section:
12        (1) "Child sex offender" means any person who:
13            (i) has been charged under Illinois law, or any
14        substantially similar federal law or law of another
15        state, with a sex offense set forth in paragraph (2) of
16        this subsection (d) (c) or the attempt to commit an
17        included sex offense, and:
18                (A) is convicted of such offense or an attempt
19            to commit such offense; or
20                (B) is found not guilty by reason of insanity
21            of such offense or an attempt to commit such
22            offense; or
23                (C) is found not guilty by reason of insanity
24            pursuant to subsection (c) of Section 104-25 of the
25            Code of Criminal Procedure of 1963 of such offense
26            or an attempt to commit such offense; or

 

 

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1                (D) is the subject of a finding not resulting
2            in an acquittal at a hearing conducted pursuant to
3            subsection (a) of Section 104-25 of the Code of
4            Criminal Procedure of 1963 for the alleged
5            commission or attempted commission of such
6            offense; or
7                (E) is found not guilty by reason of insanity
8            following a hearing conducted pursuant to a
9            federal law or the law of another state
10            substantially similar to subsection (c) of Section
11            104-25 of the Code of Criminal Procedure of 1963 of
12            such offense or of the attempted commission of such
13            offense; or
14                (F) is the subject of a finding not resulting
15            in an acquittal at a hearing conducted pursuant to
16            a federal law or the law of another state
17            substantially similar to subsection (a) of Section
18            104-25 of the Code of Criminal Procedure of 1963
19            for the alleged violation or attempted commission
20            of such offense; or
21            (ii) is certified as a sexually dangerous person
22        pursuant to the Illinois Sexually Dangerous Persons
23        Act, or any substantially similar federal law or the
24        law of another state, when any conduct giving rise to
25        such certification is committed or attempted against a
26        person less than 18 years of age; or

 

 

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1            (iii) is subject to the provisions of Section 2 of
2        the Interstate Agreements on Sexually Dangerous
3        Persons Act.
4        Convictions that result from or are connected with the
5    same act, or result from offenses committed at the same
6    time, shall be counted for the purpose of this Section as
7    one conviction. Any conviction set aside pursuant to law is
8    not a conviction for purposes of this Section.
9        (2) Except as otherwise provided in paragraph (2.5),
10    "sex offense" means:
11            (i) A violation of any of the following Sections of
12        the Criminal Code of 1961: 10-7 (aiding or abetting
13        child abduction under Section 10-5(b)(10)),
14        10-5(b)(10) (child luring), 11-1.40 (predatory
15        criminal sexual assault of a child), 11-6 (indecent
16        solicitation of a child), 11-6.5 (indecent
17        solicitation of an adult), 11-9 (public indecency when
18        committed in a school, on the real property comprising
19        a school, or on a conveyance, owned, leased, or
20        contracted by a school to transport students to or from
21        school or a school related activity), 11-9.1 (sexual
22        exploitation of a child), 11-14.4 (promoting juvenile
23        prostitution), 11-15.1 (soliciting for a juvenile
24        prostitute), 11-17.1 (keeping a place of juvenile
25        prostitution), 11-18.1 (patronizing a juvenile
26        prostitute), 11-19.1 (juvenile pimping), 11-19.2

 

 

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1        (exploitation of a child), 11-20.1 (child
2        pornography), 11-20.1B 11-20.3 (aggravated child
3        pornography), 11-21 (harmful material), 12-14.1
4        (predatory criminal sexual assault of a child), 12-33
5        (ritualized abuse of a child), 11-20 (obscenity) (when
6        that offense was committed in any school, on real
7        property comprising any school, in any conveyance
8        owned, leased, or contracted by a school to transport
9        students to or from school or a school related
10        activity, or in a public park), 11-30 (public
11        indecency) (when committed in a school, on real
12        property comprising a school, in any conveyance owned,
13        leased, or contracted by a school to transport students
14        to or from school or a school related activity, or in a
15        public park). An attempt to commit any of these
16        offenses.
17            (ii) A violation of any of the following Sections
18        of the Criminal Code of 1961, when the victim is a
19        person under 18 years of age: 11-1.20 12-13 (criminal
20        sexual assault), 11-1.30 12-14 (aggravated criminal
21        sexual assault), 11-1.50 12-15 (criminal sexual
22        abuse), 11-1.60 12-16 (aggravated criminal sexual
23        abuse). An attempt to commit any of these offenses.
24            (iii) A violation of any of the following Sections
25        of the Criminal Code of 1961, when the victim is a
26        person under 18 years of age and the defendant is not a

 

 

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1        parent of the victim:
2            10-1 (kidnapping),
3            10-2 (aggravated kidnapping),
4            10-3 (unlawful restraint),
5            10-3.1 (aggravated unlawful restraint).
6            An attempt to commit any of these offenses.
7            (iv) A violation of any former law of this State
8        substantially equivalent to any offense listed in
9        clause (2)(i) of subsection (d) (c) of this Section.
10        (2.5) For the purposes of subsections subsection (b-5)
11    and (b-10) only, a sex offense means:
12            (i) A violation of any of the following Sections of
13        the Criminal Code of 1961:
14            10-5(b)(10) (child luring), 10-7 (aiding or
15        abetting child abduction under Section 10-5(b)(10)),
16        11-1.40 (predatory criminal sexual assault of a
17        child), 11-6 (indecent solicitation of a child),
18        11-6.5 (indecent solicitation of an adult), 11-14.4
19        (promoting juvenile prostitution), 11-15.1 (soliciting
20        for a juvenile prostitute), 11-17.1 (keeping a place of
21        juvenile prostitution), 11-18.1 (patronizing a
22        juvenile prostitute), 11-19.1 (juvenile pimping),
23        11-19.2 (exploitation of a child), 11-20.1 (child
24        pornography), 11-20.1B 11-20.3 (aggravated child
25        pornography), 12-14.1 (predatory criminal sexual
26        assault of a child), or 12-33 (ritualized abuse of a

 

 

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1        child). An attempt to commit any of these offenses.
2            (ii) A violation of any of the following Sections
3        of the Criminal Code of 1961, when the victim is a
4        person under 18 years of age: 11-1.20 12-13 (criminal
5        sexual assault), 11-1.30 12-14 (aggravated criminal
6        sexual assault), 11-1.60 12-16 (aggravated criminal
7        sexual abuse), and subsection (a) of Section 11-1.50
8        12-15 (criminal sexual abuse). An attempt to commit any
9        of these offenses.
10            (iii) A violation of any of the following Sections
11        of the Criminal Code of 1961, when the victim is a
12        person under 18 years of age and the defendant is not a
13        parent of the victim:
14            10-1 (kidnapping),
15            10-2 (aggravated kidnapping),
16            10-3 (unlawful restraint),
17            10-3.1 (aggravated unlawful restraint).
18            An attempt to commit any of these offenses.
19            (iv) A violation of any former law of this State
20        substantially equivalent to any offense listed in this
21        paragraph (2.5) of this subsection.
22        (3) A conviction for an offense of federal law or the
23    law of another state that is substantially equivalent to
24    any offense listed in paragraph (2) of subsection (d) (c)
25    of this Section shall constitute a conviction for the
26    purpose of this Section Article. A finding or adjudication

 

 

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1    as a sexually dangerous person under any federal law or law
2    of another state that is substantially equivalent to the
3    Sexually Dangerous Persons Act shall constitute an
4    adjudication for the purposes of this Section.
5        (4) "Authorized emergency vehicle", "rescue vehicle",
6    and "vehicle" have the meanings ascribed to them in
7    Sections 1-105, 1-171.8 and 1-217, respectively, of the
8    Illinois Vehicle Code.
9        (5) "Child care institution" has the meaning ascribed
10    to it in Section 2.06 of the Child Care Act of 1969.
11        (6) "Day care center" has the meaning ascribed to it in
12    Section 2.09 of the Child Care Act of 1969.
13        (7) "Day care home" has the meaning ascribed to it in
14    Section 2.18 of the Child Care Act of 1969.
15        (8) "Facility providing programs or services directed
16    towards persons under the age of 18" means any facility
17    providing programs or services exclusively directed
18    towards persons under the age of 18.
19        (9) "Group day care home" has the meaning ascribed to
20    it in Section 2.20 of the Child Care Act of 1969.
21        (10) "Internet" has the meaning set forth in Section
22    16J-5 of this Code.
23        (4) "School" means a public or private pre-school,
24    elementary, or secondary school.
25        (11) (5) "Loiter" means:
26            (i) Standing, sitting idly, whether or not the

 

 

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1        person is in a vehicle, or remaining in or around
2        school or public park property.
3            (ii) Standing, sitting idly, whether or not the
4        person is in a vehicle, or remaining in or around
5        school or public park property, for the purpose of
6        committing or attempting to commit a sex offense.
7            (iii) Entering or remaining in a building in or
8        around school property, other than the offender's
9        residence.
10        (12) "Part day child care facility" has the meaning
11    ascribed to it in Section 2.10 of the Child Care Act of
12    1969.
13        (13) "Playground" means a piece of land owned or
14    controlled by a unit of local government that is designated
15    by the unit of local government for use solely or primarily
16    for children's recreation.
17        (14) "Public park" includes a park, forest preserve, or
18    conservation area under the jurisdiction of the State or a
19    unit of local government.
20        (15) "School" means a public or private preschool or
21    elementary or secondary school.
22        (16) (6) "School official" means the principal, a
23    teacher, or any other certified employee of the school, the
24    superintendent of schools or a member of the school board.
25    (e) (c-5) For the purposes of this Section, the 500 feet
26distance shall be measured from: (1) the edge of the property

 

 

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1of the school building or the real property comprising the
2school that is closest to the edge of the property of the child
3sex offender's residence or where he or she is loitering, and
4(2) the edge of the property comprising the public park
5building or the real property comprising the public park,
6playground, child care institution, day care center, part day
7child care facility, or facility providing programs or services
8exclusively directed toward persons under 18 years of age, or a
9victim of the sex offense who is under 21 years of age, to the
10edge of the child sex offender's place of residence or place
11where he or she is loitering.
12    (f) (d) Sentence. A person who violates this Section is
13guilty of a Class 4 felony.
14(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
1595-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
1696-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
 
17    (720 ILCS 5/11-9.5)
18    Sec. 11-9.5. Sexual misconduct with a person with a
19disability.
20    (a) Definitions. As used in this Section:
21        (1) "Person with a disability" means:
22            (i) a person diagnosed with a developmental
23        disability as defined in Section 1-106 of the Mental
24        Health and Developmental Disabilities Code; or
25            (ii) a person diagnosed with a mental illness as

 

 

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1        defined in Section 1-129 of the Mental Health and
2        Developmental Disabilities Code.
3        (2) "State-operated facility" means:
4            (i) a developmental disability facility as defined
5        in the Mental Health and Developmental Disabilities
6        Code; or
7            (ii) a mental health facility as defined in the
8        Mental Health and Developmental Disabilities Code.
9        (3) "Community agency" or "agency" means any community
10    entity or program providing residential mental health or
11    developmental disabilities services that is licensed,
12    certified, or funded by the Department of Human Services
13    and not licensed or certified by any other human service
14    agency of the State such as the Departments of Public
15    Health, Healthcare and Family Services, and Children and
16    Family Services.
17        (4) "Care and custody" means admission to a
18    State-operated facility.
19        (5) "Employee" means:
20            (i) any person employed by the Illinois Department
21        of Human Services;
22            (ii) any person employed by a community agency
23        providing services at the direction of the owner or
24        operator of the agency on or off site; or
25            (iii) any person who is a contractual employee or
26        contractual agent of the Department of Human Services

 

 

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1        or the community agency. This includes but is not
2        limited to payroll personnel, contractors,
3        subcontractors, and volunteers.
4        (6) "Sexual conduct" or "sexual penetration" means any
5    act of sexual conduct or sexual penetration as defined in
6    Section 11-0.1 12-12 of this Code.
7    (b) A person commits the offense of sexual misconduct with
8a person with a disability when:
9        (1) he or she is an employee and knowingly engages in
10    sexual conduct or sexual penetration with a person with a
11    disability who is under the care and custody of the
12    Department of Human Services at a State-operated facility;
13    or
14        (2) he or she is an employee of a community agency
15    funded by the Department of Human Services and knowingly
16    engages in sexual conduct or sexual penetration with a
17    person with a disability who is in a residential program
18    operated or supervised by a community agency.
19    (c) For purposes of this Section, the consent of a person
20with a disability in custody of the Department of Human
21Services residing at a State-operated facility or receiving
22services from a community agency shall not be a defense to a
23prosecution under this Section. A person is deemed incapable of
24consent, for purposes of this Section, when he or she is a
25person with a disability and is receiving services at a
26State-operated facility or is a person with a disability who is

 

 

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1in a residential program operated or supervised by a community
2agency.
3    (d) This Section does not apply to:
4        (1) any State employee or any community agency employee
5    who is lawfully married to a person with a disability in
6    custody of the Department of Human Services or receiving
7    services from a community agency if the marriage occurred
8    before the date of custody or the initiation of services at
9    a community agency; or
10        (2) any State employee or community agency employee who
11    has no knowledge, and would have no reason to believe, that
12    the person with whom he or she engaged in sexual misconduct
13    was a person with a disability in custody of the Department
14    of Human Services or was receiving services from a
15    community agency.
16    (e) Sentence. Sexual misconduct with a person with a
17disability is a Class 3 felony.
18    (f) Any person convicted of violating this Section shall
19immediately forfeit his or her employment with the State or the
20community agency.
21(Source: P.A. 94-1053, eff. 7-24-06.)
 
22    (720 ILCS 5/11-11)  (from Ch. 38, par. 11-11)
23    Sec. 11-11. Sexual Relations Within Families.
24    (a) A person commits sexual relations within families if he
25or she:

 

 

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1        (1) Commits an act of sexual penetration as defined in
2    Section 11-0.1 12-12 of this Code; and
3        (2) The person knows that he or she is related to the
4    other person as follows: (i) Brother or sister, either of
5    the whole blood or the half blood; or (ii) Father or
6    mother, when the child, regardless of legitimacy and
7    regardless of whether the child was of the whole blood or
8    half-blood or was adopted, was 18 years of age or over when
9    the act was committed; or (iii) Stepfather or stepmother,
10    when the stepchild was 18 years of age or over when the act
11    was committed; or (iv) Aunt or uncle, when the niece or
12    nephew was 18 years of age or over when the act was
13    committed; or (v) Great-aunt or great-uncle, when the
14    grand-niece or grand-nephew was 18 years of age or over
15    when the act was committed; or (vi) Grandparent or
16    step-grandparent, when the grandchild or step-grandchild
17    was 18 years of age or over when the act was committed.
18    (b) Sentence. Sexual relations within families is a Class 3
19felony.
20(Source: P.A. 96-233, eff. 1-1-10.)
 
21    (720 ILCS 5/Art. 11 Subdiv. 15 heading new)
22
SUBDIVISION 15. PROSTITUTION OFFENSES

 
23    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
24    Sec. 11-14. Prostitution.

 

 

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1    (a) Any person who knowingly performs, offers or agrees to
2perform any act of sexual penetration as defined in Section
311-0.1 12-12 of this Code for any money, property, token,
4object, or article or anything of value, or any touching or
5fondling of the sex organs of one person by another person, for
6any money, property, token, object, or article or anything of
7value, for the purpose of sexual arousal or gratification
8commits an act of prostitution.
9    (b) Sentence.
10    A violation of this Section is a Class A misdemeanor,
11unless committed within 1,000 feet of real property comprising
12a school, in which case it is a Class 4 felony. A second or
13subsequent violation of this Section, or any combination of
14convictions under this Section and Section 11-14.1
15(solicitation of a sexual act), 11-14.3 (promoting
16prostitution), 11-14.4 (promoting juvenile prostitution),
1711-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
18juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
19place of prostitution), 11-17.1 (keeping a place of juvenile
20prostitution), 11-18 (patronizing a prostitute), 11-18.1
21(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
22(juvenile pimping or aggravated juvenile pimping), or 11-19.2
23(exploitation of a child), is a Class 4 felony. Prostitution is
24a Class A misdemeanor. A person convicted of a second or
25subsequent violation of this Section, or of any combination of
26such number of convictions under this Section and Sections

 

 

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111-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
211-18.1, 11-19, 11-19.1, or 11-19.2 of this Code is guilty of a
3Class 4 felony. When a person has one or more prior
4convictions, the information or indictment charging that
5person shall state such prior conviction so as to give notice
6of the State's intention to treat the charge as a felony. The
7fact of such prior conviction is not an element of the offense
8and may not be disclosed to the jury during trial unless
9otherwise permitted by issues properly raised during such
10trial.
11    (c) First offender; felony prostitution.
12        (1) Whenever any person who has not previously been
13    convicted of or placed on probation for felony prostitution
14    or any law of the United States or of any other state
15    relating to felony prostitution pleads guilty to or is
16    found guilty of felony prostitution, the court, without
17    entering a judgment and with the consent of such person,
18    may sentence the person to probation.
19        (2) When a person is placed on probation, the court
20    shall enter an order specifying a period of probation of 24
21    months and shall defer further proceedings in the case
22    until the conclusion of the period or until the filing of a
23    petition alleging violation of a term or condition of
24    probation.
25        (3) The conditions of probation shall be that the
26    person: (i) not violate any criminal statute of any

 

 

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1    jurisdiction; (ii) refrain from possessing a firearm or
2    other dangerous weapon; (iii) submit to periodic drug
3    testing at a time and in a manner as ordered by the court,
4    but no less than 3 times during the period of the
5    probation, with the cost of the testing to be paid by the
6    probationer; and (iv) perform no less than 30 hours of
7    community service, provided community service is available
8    in the jurisdiction and is funded and approved by the
9    county board.
10        (4) The court may, in addition to other conditions,
11    require that the person:
12            (A) make a report to and appear in person before or
13        participate with the court or such courts, person, or
14        social service agency as directed by the court in the
15        order of probation;
16            (B) pay a fine and costs;
17            (C) work or pursue a course of study or vocational
18        training;
19            (D) undergo medical or psychiatric treatment; or
20        treatment or rehabilitation by a provider approved by
21        the Illinois Department of Human Services;
22            (E) attend or reside in a facility established for
23        the instruction or residence of defendants on
24        probation;
25            (F) support his or her dependents;
26            (G) refrain from having in his or her body the

 

 

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1        presence of any illicit drug prohibited by the Cannabis
2        Control Act or the Illinois Controlled Substances Act,
3        unless prescribed by a physician, and submit samples of
4        his or her blood or urine or both for tests to
5        determine the presence of any illicit drug.
6        (5) Upon violation of a term or condition of probation,
7    the court may enter a judgment on its original finding of
8    guilt and proceed as otherwise provided.
9        (6) Upon fulfillment of the terms and conditions of
10    probation, the court shall discharge the person and dismiss
11    the proceedings against him or her.
12        (7) A disposition of probation is considered to be a
13    conviction for the purposes of imposing the conditions of
14    probation and for appeal, however, discharge and dismissal
15    under this subsection is not a conviction for purposes of
16    this Code or for purposes of disqualifications or
17    disabilities imposed by law upon conviction of a crime.
18        (8) There may be only one discharge and dismissal under
19    this Section.
20        (9) If a person is convicted of prostitution within 5
21    years subsequent to a discharge and dismissal under this
22    subsection, the discharge and dismissal under this
23    subsection shall be admissible in the sentencing
24    proceeding for that conviction as evidence in aggravation.
25    A person who violates this Section within 1,000 feet of
26    real property comprising a school commits a Class 4 felony.

 

 

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1    (d) Notwithstanding the foregoing, if it is determined,
2after a reasonable detention for investigative purposes, that a
3person suspected of or charged with a violation of this Section
4is a person under the age of 18, that person shall be immune
5from prosecution for a prostitution offense under this Section,
6and shall be subject to the temporary protective custody
7provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
81987. Pursuant to the provisions of Section 2-6 of the Juvenile
9Court Act of 1987, a law enforcement officer who takes a person
10under 18 years of age into custody under this Section shall
11immediately report an allegation of a violation of Section 10-9
12of this Code to the Illinois Department of Children and Family
13Services State Central Register, which shall commence an
14initial investigation into child abuse or child neglect within
1524 hours pursuant to Section 7.4 of the Abused and Neglected
16Child Reporting Act.
17(Source: P.A. 96-1464, eff. 8-20-10.)
 
18    (720 ILCS 5/11-14.1)
19    Sec. 11-14.1. Solicitation of a sexual act.
20    (a) Any person who offers a person not his or her spouse
21any money, property, token, object, or article or anything of
22value for that person or any other person not his or her spouse
23to perform any act of sexual penetration as defined in Section
2411-0.1 12-12 of this Code, or any touching or fondling of the
25sex organs of one person by another person for the purpose of

 

 

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1sexual arousal or gratification, commits the offense of
2solicitation of a sexual act.
3    (b) Sentence. Solicitation of a sexual act is a Class A
4misdemeanor. Solicitation of a sexual act from a person who is
5under the age of 18 or who is severely or profoundly mentally
6retarded is a Class 4 felony.
7    (b-5) It is an affirmative defense to a charge of
8solicitation of a sexual act with a person who is under the age
9of 18 or who is severely or profoundly mentally retarded that
10the accused reasonably believed the person was of the age of 18
11years or over or was not a severely or profoundly mentally
12retarded person at the time of the act giving rise to the
13charge.
14(Source: P.A. 96-1464, eff. 8-20-10.)
 
15    (720 ILCS 5/11-14.3 new)
16    Sec. 11-14.3. Promoting prostitution.
17    (a) Any person who knowingly performs any of the following
18acts commits promoting prostitution:
19        (1) advances prostitution as defined in Section
20    11-0.1;
21        (2) profits from prostitution by:
22            (A) compelling a person to become a prostitute;
23            (B) arranging or offering to arrange a situation in
24        which a person may practice prostitution; or
25            (C) any means other than those described in

 

 

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1        subparagraph (A) or (B), including from a person who
2        patronizes a prostitute. This paragraph (C) does not
3        apply to a person engaged in prostitution who is under
4        18 years of age. A person cannot be convicted of
5        promoting prostitution under this paragraph (C) if the
6        practice of prostitution underlying the offense
7        consists exclusively of the accused's own acts of
8        prostitution under Section 11-14 of this Code.
9    (b) Sentence.
10        (1) A violation of subdivision (a)(1) is a Class 4
11    felony, unless committed within 1,000 feet of real property
12    comprising a school, in which case it is a Class 3 felony.
13    A second or subsequent violation of subdivision (a)(1), or
14    any combination of convictions under subdivision (a)(1),
15    (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),
16    11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
17    juvenile prostitution), 11-15 (soliciting for a
18    prostitute), 11-15.1 (soliciting for a juvenile
19    prostitute), 11-16 (pandering), 11-17 (keeping a place of
20    prostitution), 11-17.1 (keeping a place of juvenile
21    prostitution), 11-18 (patronizing a prostitute), 11-18.1
22    (patronizing a juvenile prostitute), 11-19 (pimping),
23    11-19.1 (juvenile pimping or aggravated juvenile pimping),
24    or 11-19.2 (exploitation of a child), is a Class 3 felony.
25        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
26    is a Class 4 felony, unless committed within 1,000 feet of

 

 

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1    real property comprising a school, in which case it is a
2    Class 3 felony.
3        (3) A violation of subdivision (a)(2)(C) is a Class 4
4    felony, unless committed within 1,000 feet of real property
5    comprising a school, in which case it is a Class 3 felony.
6    A second or subsequent violation of subdivision (a)(2)(C),
7    or any combination of convictions under subdivision
8    (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
9    of this Section (promoting prostitution), 11-14
10    (prostitution), 11-14.1 (solicitation of a sexual act),
11    11-14.4 (promoting juvenile prostitution), 11-15
12    (soliciting for a prostitute), 11-15.1 (soliciting for a
13    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
14    place of prostitution), 11-17.1 (keeping a place of
15    juvenile prostitution), 11-18 (patronizing a prostitute),
16    11-18.1 (patronizing a juvenile prostitute), 11-19
17    (pimping), 11-19.1 (juvenile pimping or aggravated
18    juvenile pimping), or 11-19.2 (exploitation of a child), is
19    a Class 3 felony.
 
20    (720 ILCS 5/11-14.4 new)
21    Sec. 11-14.4. Promoting juvenile prostitution.
22    (a) Any person who knowingly performs any of the following
23acts commits promoting juvenile prostitution:
24        (1) advances prostitution as defined in Section
25    11-0.1, where the minor engaged in prostitution, or any

 

 

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1    person engaged in prostitution in the place, is under 18
2    years of age or is severely or profoundly mentally retarded
3    at the time of the offense;
4        (2) profits from prostitution by any means where the
5    prostituted person is under 18 years of age or is severely
6    or profoundly mentally retarded at the time of the offense;
7        (3) profits from prostitution by any means where the
8    prostituted person is under 13 years of age at the time of
9    the offense;
10        (4) confines a child under the age of 18 or a severely
11    or profoundly mentally retarded person against his or her
12    will by the infliction or threat of imminent infliction of
13    great bodily harm or permanent disability or disfigurement
14    or by administering to the child or severely or profoundly
15    mentally retarded person, without his or her consent or by
16    threat or deception and for other than medical purposes,
17    any alcoholic intoxicant or a drug as defined in the
18    Illinois Controlled Substances Act or the Cannabis Control
19    Act or methamphetamine as defined in the Methamphetamine
20    Control and Community Protection Act and:
21            (A) compels the child or severely or profoundly
22        mentally retarded person to engage in prostitution;
23            (B) arranges a situation in which the child or
24        severely or profoundly mentally retarded person may
25        practice prostitution; or
26            (C) profits from prostitution by the child or

 

 

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1        severely or profoundly mentally retarded person.
2    (b) For purposes of this Section, administering drugs, as
3defined in subdivision (a)(4), or an alcoholic intoxicant to a
4child under the age of 13 or a severely or profoundly mentally
5retarded person shall be deemed to be without consent if the
6administering is done without the consent of the parents or
7legal guardian or if the administering is performed by the
8parents or legal guardian for other than medical purposes.
9    (c) If the accused did not have a reasonable opportunity to
10observe the prostituted person, it is an affirmative defense to
11a charge of promoting juvenile prostitution, except for a
12charge under subdivision (a)(4), that the accused reasonably
13believed the person was of the age of 18 years or over or was
14not a severely or profoundly mentally retarded person at the
15time of the act giving rise to the charge.
16    (d) Sentence. A violation of subdivision (a)(1) is a Class
171 felony, unless committed within 1,000 feet of real property
18comprising a school, in which case it is a Class X felony. A
19violation of subdivision (a)(2) is a Class 1 felony. A
20violation of subdivision (a)(3) is a Class X felony. A
21violation of subdivision (a)(4) is a Class X felony, for which
22the person shall be sentenced to a term of imprisonment of not
23less than 6 years and not more than 60 years. A second or
24subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
25or any combination of convictions under subdivision (a)(1),
26(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1

 

 

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1(solicitation of a sexual act), 11-14.3 (promoting
2prostitution), 11-15 (soliciting for a prostitute), 11-15.1
3(soliciting for a juvenile prostitute), 11-16 (pandering),
411-17 (keeping a place of prostitution), 11-17.1 (keeping a
5place of juvenile prostitution), 11-18 (patronizing a
6prostitute), 11-18.1 (patronizing a juvenile prostitute),
711-19 (pimping), 11-19.1 (juvenile pimping or aggravated
8juvenile pimping), or 11-19.2 (exploitation of a child) of this
9Code, is a Class X felony.
10    (e) Forfeiture. Any person convicted of a violation of this
11Section that involves promoting juvenile prostitution by
12keeping a place of juvenile prostitution or convicted of a
13violation of subdivision (a)(4) is subject to the property
14forfeiture provisions set forth in Article 124B of the Code of
15Criminal Procedure of 1963.
16    (f) For the purposes of this Section, "prostituted person"
17means any person who engages in, or agrees or offers to engage
18in, any act of sexual penetration as defined in Section 11-0.1
19of this Code for any money, property, token, object, or article
20or anything of value, or any touching or fondling of the sex
21organs of one person by another person, for any money,
22property, token, object, or article or anything of value, for
23the purpose of sexual arousal or gratification.
 
24    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
25    Sec. 11-18. Patronizing a prostitute.

 

 

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1    (a) Any person who knowingly performs any of the following
2acts with a person not his or her spouse commits the offense of
3patronizing a prostitute:
4        (1) Engages in an act of sexual penetration as defined
5    in Section 11-0.1 12-12 of this Code with a prostitute; or
6        (2) Enters or remains in a place of prostitution with
7    intent to engage in an act of sexual penetration as defined
8    in Section 11-0.1 12-12 of this Code; or .
9        (3) Engages in any touching or fondling with a
10    prostitute of the sex organs of one person by the other
11    person, with the intent to achieve sexual arousal or
12    gratification.
13    (b) Sentence.
14    Patronizing a prostitute is a Class 4 felony, unless
15committed within 1,000 feet of real property comprising a
16school, in which case it is a Class 3 felony. A person
17convicted of a second or subsequent violation of this Section,
18or of any combination of such number of convictions under this
19Section and Sections 11-14 (prostitution), 11-14.1
20(solicitation of a sexual act), 11-14.3 (promoting
21prostitution), 11-14.4 (promoting juvenile prostitution),
2211-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
23juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
24place of prostitution), 11-17.1 (keeping a place of juvenile
25prostitution), 11-18.1 (patronizing a juvenile prostitute),
2611-19 (pimping), 11-19.1 (juvenile pimping or aggravated

 

 

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1juvenile pimping), or 11-19.2 (exploitation of a child) of this
2Code, is guilty of a Class 3 felony. The fact of such
3conviction is not an element of the offense and may not be
4disclosed to the jury during trial unless otherwise permitted
5by issues properly raised during such trial.
6    (c) (Blank). A person who violates this Section within
71,000 feet of real property comprising a school commits a Class
83 felony.
9(Source: P.A. 96-1464, eff. 8-20-10.)
 
10    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
11    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
12    (a) Any person who engages in an act of sexual penetration
13as defined in Section 11-0.1 12-12 of this Code with a person
14engaged in prostitution who is under 18 years of age or is a
15severely or profoundly mentally retarded person commits the
16offense of patronizing a minor engaged in prostitution.
17    (a-5) Any person who engages in any touching or fondling,
18with a person engaged in prostitution who either is under 18
19years of age or is a severely or profoundly mentally retarded
20person, of the sex organs of one person by the other person,
21with the intent to achieve sexual arousal or gratification,
22commits patronizing a minor engaged in prostitution.
23    (b) It is an affirmative defense to the charge of
24patronizing a minor engaged in prostitution that the accused
25reasonably believed that the person was of the age of 18 years

 

 

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1or over or was not a severely or profoundly mentally retarded
2person at the time of the act giving rise to the charge.
3    (c) Sentence. A person who commits patronizing a juvenile
4prostitute is guilty of a Class 3 felony, unless committed
5within 1,000 feet of real property comprising a school, in
6which case it is a Class 2 felony. A person convicted of a
7second or subsequent violation of this Section, or of any
8combination of such number of convictions under this Section
9and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
10sexual act), 11-14.3 (promoting prostitution), 11-14.4
11(promoting juvenile prostitution), 11-15 (soliciting for a
12prostitute), 11-15.1 (soliciting for a juvenile prostitute),
1311-16 (pandering), 11-17 (keeping a place of prostitution),
1411-17.1 (keeping a place of juvenile prostitution), 11-18
15(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
16pimping or aggravated juvenile pimping), or 11-19.2
17(exploitation of a child) of this Code, is guilty of a Class 2
18felony. The fact of such conviction is not an element of the
19offense and may not be disclosed to the jury during trial
20unless otherwise permitted by issues properly raised during
21such trial. A person who violates this Section within 1,000
22feet of real property comprising a school commits a Class 2
23felony.
24(Source: P.A. 96-1464, eff. 8-20-10.)
 
25    (720 ILCS 5/Art. 11 Subdiv. 20 heading new)

 

 

SB1310 Engrossed- 440 -LRB096 09456 RLC 19613 b

1
SUBDIVISION 20. PORNOGRAPHY OFFENSES

 
2    (720 ILCS 5/11-20)  (from Ch. 38, par. 11-20)
3    Sec. 11-20. Obscenity.
4    (a) Elements of the Offense. A person commits obscenity
5when, with knowledge of the nature or content thereof, or
6recklessly failing to exercise reasonable inspection which
7would have disclosed the nature or content thereof, he or she:
8        (1) Sells, delivers or provides, or offers or agrees to
9    sell, deliver or provide any obscene writing, picture,
10    record or other representation or embodiment of the
11    obscene; or
12        (2) Presents or directs an obscene play, dance or other
13    performance or participates directly in that portion
14    thereof which makes it obscene; or
15        (3) Publishes, exhibits or otherwise makes available
16    anything obscene; or
17        (4) Performs an obscene act or otherwise presents an
18    obscene exhibition of his or her body for gain; or
19        (5) Creates, buys, procures or possesses obscene
20    matter or material with intent to disseminate it in
21    violation of this Section, or of the penal laws or
22    regulations of any other jurisdiction; or
23        (6) Advertises or otherwise promotes the sale of
24    material represented or held out by him or her to be
25    obscene, whether or not it is obscene.

 

 

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1    (b) Obscene Defined.
2    Any material or performance is obscene if: (1) the average
3person, applying contemporary adult community standards, would
4find that, taken as a whole, it appeals to the prurient
5interest; and (2) the average person, applying contemporary
6adult community standards, would find that it depicts or
7describes, in a patently offensive way, ultimate sexual acts or
8sadomasochistic sexual acts, whether normal or perverted,
9actual or simulated, or masturbation, excretory functions or
10lewd exhibition of the genitals; and (3) taken as a whole, it
11lacks serious literary, artistic, political or scientific
12value.
13    (c) Interpretation of Evidence.
14    Obscenity shall be judged with reference to ordinary
15adults, except that it shall be judged with reference to
16children or other specially susceptible audiences if it appears
17from the character of the material or the circumstances of its
18dissemination to be specially designed for or directed to such
19an audience.
20    Where circumstances of production, presentation, sale,
21dissemination, distribution, or publicity indicate that
22material is being commercially exploited for the sake of its
23prurient appeal, such evidence is probative with respect to the
24nature of the matter and can justify the conclusion that the
25matter is lacking in serious literary, artistic, political or
26scientific value.

 

 

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1    In any prosecution for an offense under this Section
2evidence shall be admissible to show:
3        (1) The character of the audience for which the
4    material was designed or to which it was directed;
5        (2) What the predominant appeal of the material would
6    be for ordinary adults or a special audience, and what
7    effect, if any, it would probably have on the behavior of
8    such people;
9        (3) The artistic, literary, scientific, educational or
10    other merits of the material, or absence thereof;
11        (4) The degree, if any, of public acceptance of the
12    material in this State;
13        (5) Appeal to prurient interest, or absence thereof, in
14    advertising or other promotion of the material;
15        (6) Purpose of the author, creator, publisher or
16    disseminator.
17    (d) Sentence.
18    Obscenity is a Class A misdemeanor. A second or subsequent
19offense is a Class 4 felony.
20    (e) Permissive Inference Prima Facie Evidence.
21    The trier of fact may infer an intent to disseminate from
22the creation, purchase, procurement or possession of a mold,
23engraved plate or other embodiment of obscenity specially
24adapted for reproducing multiple copies, or the possession of
25more than 3 copies of obscene material shall be prima facie
26evidence of an intent to disseminate.

 

 

SB1310 Engrossed- 443 -LRB096 09456 RLC 19613 b

1    (f) Affirmative Defenses.
2    It shall be an affirmative defense to obscenity that the
3dissemination:
4        (1) Was not for gain and was made to personal
5    associates other than children under 18 years of age;
6        (2) Was to institutions or individuals having
7    scientific or other special justification for possession
8    of such material.
9    (g) Forfeiture of property. A person who has been convicted
10previously of the offense of obscenity and who is convicted of
11a second or subsequent offense of obscenity is subject to the
12property forfeiture provisions set forth in Article 124B of the
13Code of Criminal Procedure of 1963.
14(Source: P.A. 96-712, eff. 1-1-10.)
 
15    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
16    Sec. 11-20.1. Child pornography.
17    (a) A person commits the offense of child pornography who:
18        (1) films, videotapes, photographs, or otherwise
19    depicts or portrays by means of any similar visual medium
20    or reproduction or depicts by computer any child whom he or
21    she knows or reasonably should know to be under the age of
22    18 and at least 13 years of age or any severely or
23    profoundly mentally retarded person where such child or
24    severely or profoundly mentally retarded person is:
25            (i) actually or by simulation engaged in any act of

 

 

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1        sexual penetration or sexual conduct with any person or
2        animal; or
3            (ii) actually or by simulation engaged in any act
4        of sexual penetration or sexual conduct involving the
5        sex organs of the child or severely or profoundly
6        mentally retarded person and the mouth, anus, or sex
7        organs of another person or animal; or which involves
8        the mouth, anus or sex organs of the child or severely
9        or profoundly mentally retarded person and the sex
10        organs of another person or animal; or
11            (iii) actually or by simulation engaged in any act
12        of masturbation; or
13            (iv) actually or by simulation portrayed as being
14        the object of, or otherwise engaged in, any act of lewd
15        fondling, touching, or caressing involving another
16        person or animal; or
17            (v) actually or by simulation engaged in any act of
18        excretion or urination within a sexual context; or
19            (vi) actually or by simulation portrayed or
20        depicted as bound, fettered, or subject to sadistic,
21        masochistic, or sadomasochistic abuse in any sexual
22        context; or
23            (vii) depicted or portrayed in any pose, posture or
24        setting involving a lewd exhibition of the unclothed or
25        transparently clothed genitals, pubic area, buttocks,
26        or, if such person is female, a fully or partially

 

 

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1        developed breast of the child or other person; or
2        (2) with the knowledge of the nature or content
3    thereof, reproduces, disseminates, offers to disseminate,
4    exhibits or possesses with intent to disseminate any film,
5    videotape, photograph or other similar visual reproduction
6    or depiction by computer of any child or severely or
7    profoundly mentally retarded person whom the person knows
8    or reasonably should know to be under the age of 18 and at
9    least 13 years of age or to be a severely or profoundly
10    mentally retarded person, engaged in any activity
11    described in subparagraphs (i) through (vii) of paragraph
12    (1) of this subsection; or
13        (3) with knowledge of the subject matter or theme
14    thereof, produces any stage play, live performance, film,
15    videotape or other similar visual portrayal or depiction by
16    computer which includes a child whom the person knows or
17    reasonably should know to be under the age of 18 and at
18    least 13 years of age or a severely or profoundly mentally
19    retarded person engaged in any activity described in
20    subparagraphs (i) through (vii) of paragraph (1) of this
21    subsection; or
22        (4) solicits, uses, persuades, induces, entices, or
23    coerces any child whom he or she knows or reasonably should
24    know to be under the age of 18 and at least 13 years of age
25    or a severely or profoundly mentally retarded person to
26    appear in any stage play, live presentation, film,

 

 

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1    videotape, photograph or other similar visual reproduction
2    or depiction by computer in which the child or severely or
3    profoundly mentally retarded person is or will be depicted,
4    actually or by simulation, in any act, pose or setting
5    described in subparagraphs (i) through (vii) of paragraph
6    (1) of this subsection; or
7        (5) is a parent, step-parent, legal guardian or other
8    person having care or custody of a child whom the person
9    knows or reasonably should know to be under the age of 18
10    and at least 13 years of age or a severely or profoundly
11    mentally retarded person and who knowingly permits,
12    induces, promotes, or arranges for such child or severely
13    or profoundly mentally retarded person to appear in any
14    stage play, live performance, film, videotape, photograph
15    or other similar visual presentation, portrayal or
16    simulation or depiction by computer of any act or activity
17    described in subparagraphs (i) through (vii) of paragraph
18    (1) of this subsection; or
19        (6) with knowledge of the nature or content thereof,
20    possesses any film, videotape, photograph or other similar
21    visual reproduction or depiction by computer of any child
22    or severely or profoundly mentally retarded person whom the
23    person knows or reasonably should know to be under the age
24    of 18 and at least 13 years of age or to be a severely or
25    profoundly mentally retarded person, engaged in any
26    activity described in subparagraphs (i) through (vii) of

 

 

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1    paragraph (1) of this subsection; or
2        (7) solicits, or knowingly uses, persuades, induces,
3    entices, or coerces, a person to provide a child under the
4    age of 18 and at least 13 years of age or a severely or
5    profoundly mentally retarded person to appear in any
6    videotape, photograph, film, stage play, live
7    presentation, or other similar visual reproduction or
8    depiction by computer in which the child or severely or
9    profoundly mentally retarded person will be depicted,
10    actually or by simulation, in any act, pose, or setting
11    described in subparagraphs (i) through (vii) of paragraph
12    (1) of this subsection.
13    (b) (1) It shall be an affirmative defense to a charge of
14    child pornography that the defendant reasonably believed,
15    under all of the circumstances, that the child was 18 years
16    of age or older or that the person was not a severely or
17    profoundly mentally retarded person but only where, prior
18    to the act or acts giving rise to a prosecution under this
19    Section, he or she took some affirmative action or made a
20    bonafide inquiry designed to ascertain whether the child
21    was 18 years of age or older or that the person was not a
22    severely or profoundly mentally retarded person and his or
23    her reliance upon the information so obtained was clearly
24    reasonable.
25        (2) (Blank).
26        (3) The charge of child pornography shall not apply to

 

 

SB1310 Engrossed- 448 -LRB096 09456 RLC 19613 b

1    the performance of official duties by law enforcement or
2    prosecuting officers or persons employed by law
3    enforcement or prosecuting agencies, court personnel or
4    attorneys, nor to bonafide treatment or professional
5    education programs conducted by licensed physicians,
6    psychologists or social workers.
7        (4) If Possession by the defendant possessed of more
8    than one of the same film, videotape or visual reproduction
9    or depiction by computer in which child pornography is
10    depicted, then the trier of fact may infer shall raise a
11    rebuttable presumption that the defendant possessed such
12    materials with the intent to disseminate them.
13        (5) The charge of child pornography does not apply to a
14    person who does not voluntarily possess a film, videotape,
15    or visual reproduction or depiction by computer in which
16    child pornography is depicted. Possession is voluntary if
17    the defendant knowingly procures or receives a film,
18    videotape, or visual reproduction or depiction for a
19    sufficient time to be able to terminate his or her
20    possession.
21        (6) Any violation of paragraph (1), (2), (3), (4), (5),
22    or (7) of subsection (a) that includes a child engaged in,
23    solicited for, depicted in, or posed in any act of sexual
24    penetration or bound, fettered, or subject to sadistic,
25    masochistic, or sadomasochistic abuse in a sexual context
26    shall be deemed a crime of violence.

 

 

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1    (c) Violation of paragraph (1), (4), (5), or (7) of
2subsection (a) is a Class 1 felony with a mandatory minimum
3fine of $2,000 and a maximum fine of $100,000. Violation of
4paragraph (3) of subsection (a) is a Class 1 felony with a
5mandatory minimum fine of $1500 and a maximum fine of $100,000.
6Violation of paragraph (2) of subsection (a) is a Class 1
7felony with a mandatory minimum fine of $1000 and a maximum
8fine of $100,000. Violation of paragraph (6) of subsection (a)
9is a Class 3 felony with a mandatory minimum fine of $1000 and
10a maximum fine of $100,000.
11    (d) If a person is convicted of a second or subsequent
12violation of this Section within 10 years of a prior
13conviction, the court shall order a presentence psychiatric
14examination of the person. The examiner shall report to the
15court whether treatment of the person is necessary.
16    (e) Any film, videotape, photograph or other similar visual
17reproduction or depiction by computer which includes a child
18under the age of 18 and at least 13 years of age or a severely
19or profoundly mentally retarded person engaged in any activity
20described in subparagraphs (i) through (vii) or paragraph 1 of
21subsection (a), and any material or equipment used or intended
22for use in photographing, filming, printing, producing,
23reproducing, manufacturing, projecting, exhibiting, depiction
24by computer, or disseminating such material shall be seized and
25forfeited in the manner, method and procedure provided by
26Section 36-1 of this Code for the seizure and forfeiture of

 

 

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1vessels, vehicles and aircraft.
2    In addition, any person convicted under this Section is
3subject to the property forfeiture provisions set forth in
4Article 124B of the Code of Criminal Procedure of 1963.
5    (e-5) Upon the conclusion of a case brought under this
6Section, the court shall seal all evidence depicting a victim
7or witness that is sexually explicit. The evidence may be
8unsealed and viewed, on a motion of the party seeking to unseal
9and view the evidence, only for good cause shown and in the
10discretion of the court. The motion must expressly set forth
11the purpose for viewing the material. The State's attorney and
12the victim, if possible, shall be provided reasonable notice of
13the hearing on the motion to unseal the evidence. Any person
14entitled to notice of a hearing under this subsection (e-5) may
15object to the motion.
16    (f) Definitions. For the purposes of this Section:
17        (1) "Disseminate" means (i) to sell, distribute,
18    exchange or transfer possession, whether with or without
19    consideration or (ii) to make a depiction by computer
20    available for distribution or downloading through the
21    facilities of any telecommunications network or through
22    any other means of transferring computer programs or data
23    to a computer.
24        (2) "Produce" means to direct, promote, advertise,
25    publish, manufacture, issue, present or show.
26        (3) "Reproduce" means to make a duplication or copy.

 

 

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1        (4) "Depict by computer" means to generate or create,
2    or cause to be created or generated, a computer program or
3    data that, after being processed by a computer either alone
4    or in conjunction with one or more computer programs,
5    results in a visual depiction on a computer monitor,
6    screen, or display.
7        (5) "Depiction by computer" means a computer program or
8    data that, after being processed by a computer either alone
9    or in conjunction with one or more computer programs,
10    results in a visual depiction on a computer monitor,
11    screen, or display.
12        (6) "Computer", "computer program", and "data" have
13    the meanings ascribed to them in Section 16D-2 of this
14    Code.
15        (7) For the purposes of this Section, "child
16    pornography Child" includes a film, videotape, photograph,
17    or other similar visual medium or reproduction or depiction
18    by computer that is, or appears to be, that of a person,
19    either in part, or in total, under the age of 18 and at
20    least 13 years of age or a severely or profoundly mentally
21    retarded person, regardless of the method by which the
22    film, videotape, photograph, or other similar visual
23    medium or reproduction or depiction by computer is created,
24    adopted, or modified to appear as such. "Child pornography"
25    also includes a film, videotape, photograph, or other
26    similar visual medium or reproduction or depiction by

 

 

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1    computer that is advertised, promoted, presented,
2    described, or distributed in such a manner that conveys the
3    impression that the film, videotape, photograph, or other
4    similar visual medium or reproduction or depiction by
5    computer is of a person under the age of 18 and at least 13
6    years of age or a severely or profoundly mentally retarded
7    person.
8        (8) "Sexual penetration" and "sexual conduct" have the
9    meanings ascribed to them in Section 12-12 of this Code.
10    (g) Re-enactment; findings; purposes.
11        (1) The General Assembly finds and declares that:
12            (i) Section 50-5 of Public Act 88-680, effective
13        January 1, 1995, contained provisions amending the
14        child pornography statute, Section 11-20.1 of the
15        Criminal Code of 1961. Section 50-5 also contained
16        other provisions.
17            (ii) In addition, Public Act 88-680 was entitled
18        "AN ACT to create a Safe Neighborhoods Law". (A)
19        Article 5 was entitled JUVENILE JUSTICE and amended the
20        Juvenile Court Act of 1987. (B) Article 15 was entitled
21        GANGS and amended various provisions of the Criminal
22        Code of 1961 and the Unified Code of Corrections. (C)
23        Article 20 was entitled ALCOHOL ABUSE and amended
24        various provisions of the Illinois Vehicle Code. (D)
25        Article 25 was entitled DRUG ABUSE and amended the
26        Cannabis Control Act and the Illinois Controlled

 

 

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1        Substances Act. (E) Article 30 was entitled FIREARMS
2        and amended the Criminal Code of 1961 and the Code of
3        Criminal Procedure of 1963. (F) Article 35 amended the
4        Criminal Code of 1961, the Rights of Crime Victims and
5        Witnesses Act, and the Unified Code of Corrections. (G)
6        Article 40 amended the Criminal Code of 1961 to
7        increase the penalty for compelling organization
8        membership of persons. (H) Article 45 created the
9        Secure Residential Youth Care Facility Licensing Act
10        and amended the State Finance Act, the Juvenile Court
11        Act of 1987, the Unified Code of Corrections, and the
12        Private Correctional Facility Moratorium Act. (I)
13        Article 50 amended the WIC Vendor Management Act, the
14        Firearm Owners Identification Card Act, the Juvenile
15        Court Act of 1987, the Criminal Code of 1961, the
16        Wrongs to Children Act, and the Unified Code of
17        Corrections.
18            (iii) On September 22, 1998, the Third District
19        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
20        ruled that Public Act 88-680 violates the single
21        subject clause of the Illinois Constitution (Article
22        IV, Section 8 (d)) and was unconstitutional in its
23        entirety. As of the time this amendatory Act of 1999
24        was prepared, People v. Dainty was still subject to
25        appeal.
26            (iv) Child pornography is a vital concern to the

 

 

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1        people of this State and the validity of future
2        prosecutions under the child pornography statute of
3        the Criminal Code of 1961 is in grave doubt.
4        (2) It is the purpose of this amendatory Act of 1999 to
5    prevent or minimize any problems relating to prosecutions
6    for child pornography that may result from challenges to
7    the constitutional validity of Public Act 88-680 by
8    re-enacting the Section relating to child pornography that
9    was included in Public Act 88-680.
10        (3) This amendatory Act of 1999 re-enacts Section
11    11-20.1 of the Criminal Code of 1961, as it has been
12    amended. This re-enactment is intended to remove any
13    question as to the validity or content of that Section; it
14    is not intended to supersede any other Public Act that
15    amends the text of the Section as set forth in this
16    amendatory Act of 1999. The material is shown as existing
17    text (i.e., without underscoring) because, as of the time
18    this amendatory Act of 1999 was prepared, People v. Dainty
19    was subject to appeal to the Illinois Supreme Court.
20        (4) The re-enactment by this amendatory Act of 1999 of
21    Section 11-20.1 of the Criminal Code of 1961 relating to
22    child pornography that was amended by Public Act 88-680 is
23    not intended, and shall not be construed, to imply that
24    Public Act 88-680 is invalid or to limit or impair any
25    legal argument concerning whether those provisions were
26    substantially re-enacted by other Public Acts.

 

 

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1(Source: P.A. ; 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
296-1000, eff. 7-2-10.)
 
3    (720 ILCS 5/11-20.1B)  (was 720 ILCS 5/11-20.3)
4    Sec. 11-20.1B 11-20.3. Aggravated child pornography.
5    (a) A person commits the offense of aggravated child
6pornography who:
7        (1) films, videotapes, photographs, or otherwise
8    depicts or portrays by means of any similar visual medium
9    or reproduction or depicts by computer any child whom he or
10    she knows or reasonably should know to be under the age of
11    13 years where such child is:
12            (i) actually or by simulation engaged in any act of
13        sexual penetration or sexual conduct with any person or
14        animal; or
15            (ii) actually or by simulation engaged in any act
16        of sexual penetration or sexual conduct involving the
17        sex organs of the child and the mouth, anus, or sex
18        organs of another person or animal; or which involves
19        the mouth, anus or sex organs of the child and the sex
20        organs of another person or animal; or
21            (iii) actually or by simulation engaged in any act
22        of masturbation; or
23            (iv) actually or by simulation portrayed as being
24        the object of, or otherwise engaged in, any act of lewd
25        fondling, touching, or caressing involving another

 

 

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1        person or animal; or
2            (v) actually or by simulation engaged in any act of
3        excretion or urination within a sexual context; or
4            (vi) actually or by simulation portrayed or
5        depicted as bound, fettered, or subject to sadistic,
6        masochistic, or sadomasochistic abuse in any sexual
7        context; or
8            (vii) depicted or portrayed in any pose, posture or
9        setting involving a lewd exhibition of the unclothed or
10        transparently clothed genitals, pubic area, buttocks,
11        or, if such person is female, a fully or partially
12        developed breast of the child or other person; or
13        (2) with the knowledge of the nature or content
14    thereof, reproduces, disseminates, offers to disseminate,
15    exhibits or possesses with intent to disseminate any film,
16    videotape, photograph or other similar visual reproduction
17    or depiction by computer of any child whom the person knows
18    or reasonably should know to be under the age of 13 engaged
19    in any activity described in subparagraphs (i) through
20    (vii) of paragraph (1) of this subsection; or
21        (3) with knowledge of the subject matter or theme
22    thereof, produces any stage play, live performance, film,
23    videotape or other similar visual portrayal or depiction by
24    computer which includes a child whom the person knows or
25    reasonably should know to be under the age of 13 engaged in
26    any activity described in subparagraphs (i) through (vii)

 

 

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1    of paragraph (1) of this subsection; or
2        (4) solicits, uses, persuades, induces, entices, or
3    coerces any child whom he or she knows or reasonably should
4    know to be under the age of 13 to appear in any stage play,
5    live presentation, film, videotape, photograph or other
6    similar visual reproduction or depiction by computer in
7    which the child or severely or profoundly mentally retarded
8    person is or will be depicted, actually or by simulation,
9    in any act, pose or setting described in subparagraphs (i)
10    through (vii) of paragraph (1) of this subsection; or
11        (5) is a parent, step-parent, legal guardian or other
12    person having care or custody of a child whom the person
13    knows or reasonably should know to be under the age of 13
14    and who knowingly permits, induces, promotes, or arranges
15    for such child to appear in any stage play, live
16    performance, film, videotape, photograph or other similar
17    visual presentation, portrayal or simulation or depiction
18    by computer of any act or activity described in
19    subparagraphs (i) through (vii) of paragraph (1) of this
20    subsection; or
21        (6) with knowledge of the nature or content thereof,
22    possesses any film, videotape, photograph or other similar
23    visual reproduction or depiction by computer of any child
24    whom the person knows or reasonably should know to be under
25    the age of 13 engaged in any activity described in
26    subparagraphs (i) through (vii) of paragraph (1) of this

 

 

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1    subsection; or
2        (7) solicits, or knowingly uses, persuades, induces,
3    entices, or coerces a person to provide a child under the
4    age of 13 to appear in any videotape, photograph, film,
5    stage play, live presentation, or other similar visual
6    reproduction or depiction by computer in which the child
7    will be depicted, actually or by simulation, in any act,
8    pose, or setting described in subparagraphs (i) through
9    (vii) of paragraph (1) of this subsection.
10    (b)(1) It shall be an affirmative defense to a charge of
11aggravated child pornography that the defendant reasonably
12believed, under all of the circumstances, that the child was 13
13years of age or older, but only where, prior to the act or acts
14giving rise to a prosecution under this Section, he or she took
15some affirmative action or made a bonafide inquiry designed to
16ascertain whether the child was 13 years of age or older and
17his or her reliance upon the information so obtained was
18clearly reasonable.
19    (2) The charge of aggravated child pornography shall not
20apply to the performance of official duties by law enforcement
21or prosecuting officers or persons employed by law enforcement
22or prosecuting agencies, court personnel or attorneys, nor to
23bonafide treatment or professional education programs
24conducted by licensed physicians, psychologists or social
25workers.
26    (3) If the defendant possessed more than 3 of the same

 

 

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1film, videotape or visual reproduction or depiction by computer
2in which aggravated child pornography is depicted, then the
3trier of fact may infer that the defendant possessed such
4materials with the intent to disseminate them.
5    (4) The charge of aggravated child pornography does not
6apply to a person who does not voluntarily possess a film,
7videotape, or visual reproduction or depiction by computer in
8which aggravated child pornography is depicted. Possession is
9voluntary if the defendant knowingly procures or receives a
10film, videotape, or visual reproduction or depiction for a
11sufficient time to be able to terminate his or her possession.
12    (5) Any violation of paragraph (1), (2), (3), (4), (5), or
13(7) of subsection (a) that includes a child engaged in,
14solicited for, depicted in, or posed in any act of sexual
15penetration or bound, fettered, or subject to sadistic,
16masochistic, or sadomasochistic abuse in a sexual context shall
17be deemed a crime of violence.
18    (c) Sentence: (1) A person who commits a violation of
19paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
20guilty of a Class X felony with a mandatory minimum fine of
21$2,000 and a maximum fine of $100,000.
22    (2) A person who commits a violation of paragraph (6) of
23subsection (a) is guilty of a Class 2 felony with a mandatory
24minimum fine of $1000 and a maximum fine of $100,000.
25    (3) A person who commits a violation of paragraph (1), (2),
26(3), (4), (5), or (7) of subsection (a) where the defendant has

 

 

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1previously been convicted under the laws of this State or any
2other state of the offense of child pornography, aggravated
3child pornography, aggravated criminal sexual abuse,
4aggravated criminal sexual assault, predatory criminal sexual
5assault of a child, or any of the offenses formerly known as
6rape, deviate sexual assault, indecent liberties with a child,
7or aggravated indecent liberties with a child where the victim
8was under the age of 18 years or an offense that is
9substantially equivalent to those offenses, is guilty of a
10Class X felony for which the person shall be sentenced to a
11term of imprisonment of not less than 9 years with a mandatory
12minimum fine of $2,000 and a maximum fine of $100,000.
13    (4) A person who commits a violation of paragraph (6) of
14subsection (a) where the defendant has previously been
15convicted under the laws of this State or any other state of
16the offense of child pornography, aggravated child
17pornography, aggravated criminal sexual abuse, aggravated
18criminal sexual assault, predatory criminal sexual assault of a
19child, or any of the offenses formerly known as rape, deviate
20sexual assault, indecent liberties with a child, or aggravated
21indecent liberties with a child where the victim was under the
22age of 18 years or an offense that is substantially equivalent
23to those offenses, is guilty of a Class 1 felony with a
24mandatory minimum fine of $1000 and a maximum fine of $100,000.
25    (d) If a person is convicted of a second or subsequent
26violation of this Section within 10 years of a prior

 

 

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1conviction, the court shall order a presentence psychiatric
2examination of the person. The examiner shall report to the
3court whether treatment of the person is necessary.
4    (e) Any film, videotape, photograph or other similar visual
5reproduction or depiction by computer which includes a child
6under the age of 13 engaged in any activity described in
7subparagraphs (i) through (vii) of paragraph (1) of subsection
8(a), and any material or equipment used or intended for use in
9photographing, filming, printing, producing, reproducing,
10manufacturing, projecting, exhibiting, depiction by computer,
11or disseminating such material shall be seized and forfeited in
12the manner, method and procedure provided by Section 36-1 of
13this Code for the seizure and forfeiture of vessels, vehicles
14and aircraft.
15    In addition, any person convicted under this Section is
16subject to the property forfeiture provisions set forth in
17Article 124B of the Code of Criminal Procedure of 1963.
18    (e-5) Upon the conclusion of a case brought under this
19Section, the court shall seal all evidence depicting a victim
20or witness that is sexually explicit. The evidence may be
21unsealed and viewed, on a motion of the party seeking to unseal
22and view the evidence, only for good cause shown and in the
23discretion of the court. The motion must expressly set forth
24the purpose for viewing the material. The State's attorney and
25the victim, if possible, shall be provided reasonable notice of
26the hearing on the motion to unseal the evidence. Any person

 

 

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1entitled to notice of a hearing under this subsection (e-5) may
2object to the motion.
3    (f) Definitions. For the purposes of this Section:
4        (1) "Disseminate" means (i) to sell, distribute,
5    exchange or transfer possession, whether with or without
6    consideration or (ii) to make a depiction by computer
7    available for distribution or downloading through the
8    facilities of any telecommunications network or through
9    any other means of transferring computer programs or data
10    to a computer.
11        (2) "Produce" means to direct, promote, advertise,
12    publish, manufacture, issue, present or show.
13        (3) "Reproduce" means to make a duplication or copy.
14        (4) "Depict by computer" means to generate or create,
15    or cause to be created or generated, a computer program or
16    data that, after being processed by a computer either alone
17    or in conjunction with one or more computer programs,
18    results in a visual depiction on a computer monitor,
19    screen, or display.
20        (5) "Depiction by computer" means a computer program or
21    data that, after being processed by a computer either alone
22    or in conjunction with one or more computer programs,
23    results in a visual depiction on a computer monitor,
24    screen, or display.
25        (6) "Computer", "computer program", and "data" have
26    the meanings ascribed to them in Section 16D-2 of this

 

 

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1    Code.
2        (7) For the purposes of this Section, "child" means a
3    person, either in part or in total, under the age of 13,
4    regardless of the method by which the film, videotape,
5    photograph, or other similar visual medium or reproduction
6    or depiction by computer is created, adopted, or modified
7    to appear as such.
8        (8) "Sexual penetration" and "sexual conduct" have the
9    meanings ascribed to them in Section 12-12 of this Code.
10    (g) When a charge of aggravated child pornography is
11brought, the age of the child is an element of the offense to
12be resolved by the trier of fact as either exceeding or not
13exceeding the age in question. The trier of fact can rely on
14its own everyday observations and common experiences in making
15this determination.
16(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
17eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
18    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
19    Sec. 11-20.2. Duty of commercial film and photographic
20print processors or computer technicians to report sexual
21depiction of children. Duty to report child pornography.
22    (a) Any commercial film and photographic print processor or
23computer technician who has knowledge of or observes, within
24the scope of his professional capacity or employment, any film,
25photograph, videotape, negative, slide, computer hard drive or

 

 

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1any other magnetic or optical media which depicts a child whom
2the processor or computer technician knows or reasonably should
3know to be under the age of 18 where such child is:
4        (i) actually or by simulation engaged in any act of
5    sexual penetration or sexual conduct with any person or
6    animal; or
7        (ii) actually or by simulation engaged in any act of
8    sexual penetration or sexual conduct involving the sex
9    organs of the child and the mouth, anus, or sex organs of
10    another person or animal; or which involves the mouth, anus
11    or sex organs of the child and the sex organs of another
12    person or animal; or
13        (iii) actually or by simulation engaged in any act of
14    masturbation; or
15        (iv) actually or by simulation portrayed as being the
16    object of, or otherwise engaged in, any act of lewd
17    fondling, touching, or caressing involving another person
18    or animal; or
19        (v) actually or by simulation engaged in any act of
20    excretion or urination within a sexual context; or
21        (vi) actually or by simulation portrayed or depicted as
22    bound, fettered, or subject to sadistic, masochistic, or
23    sadomasochistic abuse in any sexual context; or
24        (vii) depicted or portrayed in any pose, posture or
25    setting involving a lewd exhibition of the unclothed or
26    transparently clothed genitals, pubic area, buttocks, or,

 

 

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1    if such person is female, a fully or partially developed
2    breast of the child or other person;
3shall report or cause a report to be made pursuant to
4subsections (b) and (c) as soon as reasonably possible. Failure
5to make such report shall be a business offense with a fine of
6$1,000.
7    (b) Commercial film and photographic film processors shall
8report or cause a report to be made to the local law
9enforcement agency of the jurisdiction in which the image or
10images described in subsection (a) are discovered.
11    (c) Computer technicians shall report or cause the report
12to be made to the local law enforcement agency of the
13jurisdiction in which the image or images described in
14subsection (a) are discovered or to the Illinois Child
15Exploitation e-Tipline at reportchildporn@atg.state.il.us.
16    (d) Reports required by this Act shall include the
17following information: (i) name, address, and telephone number
18of the person filing the report; (ii) the employer of the
19person filing the report, if any; (iii) the name, address and
20telephone number of the person whose property is the subject of
21the report, if known; (iv) the circumstances which led to the
22filing of the report, including a description of the reported
23content.
24    (e) If a report is filed with the Cyber Tipline at the
25National Center for Missing and Exploited Children or in
26accordance with the requirements of 42 U.S.C. 13032, the

 

 

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1requirements of this Act will be deemed to have been met.
2    (f) A computer technician or an employer caused to report
3child pornography under this Section is immune from any
4criminal, civil, or administrative liability in connection
5with making the report, except for willful or wanton
6misconduct.
7    (g) For the purposes of this Section, a "computer
8technician" is a person who installs, maintains,
9troubleshoots, repairs or upgrades computer hardware,
10software, computer networks, peripheral equipment, electronic
11mail systems, or provides user assistance for any of the
12aforementioned tasks.
13(Source: P.A. 95-983, eff. 6-1-09.)
 
14    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
15    Sec. 11-21. Harmful material.
16    (a) As used in this Section:
17        "Distribute" means to transfer possession of, whether
18    with or without consideration.
19        "Harmful to minors" means that quality of any
20    description or representation, in whatever form, of
21    nudity, sexual conduct, sexual excitement, or
22    sado-masochistic abuse, when, taken as a whole, it (i)
23    predominately appeals to the prurient interest in sex of
24    minors, (ii) is patently offensive to prevailing standards
25    in the adult community in the State as a whole with respect

 

 

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1    to what is suitable material for minors, and (iii) lacks
2    serious literary, artistic, political, or scientific value
3    for minors.
4        "Knowingly" means having knowledge of the contents of
5    the subject matter, or recklessly failing to exercise
6    reasonable inspection which would have disclosed the
7    contents.
8        "Material" means (i) any picture, photograph, drawing,
9    sculpture, film, video game, computer game, video or
10    similar visual depiction, including any such
11    representation or image which is stored electronically, or
12    (ii) any book, magazine, printed matter however
13    reproduced, or recorded audio of any sort.
14        "Minor" means any person under the age of 18.
15        "Nudity" means the showing of the human male or female
16    genitals, pubic area or buttocks with less than a fully
17    full opaque covering, or the showing of the female breast
18    with less than a fully opaque covering of any portion below
19    the top of the nipple, or the depiction of covered male
20    genitals in a discernably turgid state.
21        "Sado-masochistic abuse" means flagellation or torture
22    by or upon a person clad in undergarments, a mask or
23    bizarre costume, or the condition of being fettered, bound
24    or otherwise physically restrained on the part of one
25    clothed for sexual gratification or stimulation.
26        "Sexual conduct" means acts of masturbation, sexual

 

 

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1    intercourse, or physical contact with a person's clothed or
2    unclothed genitals, pubic area, buttocks or, if such person
3    be a female, breast.
4        "Sexual excitement" means the condition of human male
5    or female genitals when in a state of sexual stimulation or
6    arousal.
7    (b) A person is guilty of distributing harmful material to
8a minor when he or she:
9        (1) knowingly sells, lends, distributes, exhibits to,
10    depicts to, or gives away to a minor, knowing that the
11    minor is under the age of 18 or failing to exercise
12    reasonable care in ascertaining the person's true age:
13            (A) any material which depicts nudity, sexual
14        conduct or sado-masochistic abuse, or which contains
15        explicit and detailed verbal descriptions or narrative
16        accounts of sexual excitement, sexual conduct or
17        sado-masochistic abuse, and which taken as a whole is
18        harmful to minors;
19            (B) a motion picture, show, or other presentation
20        which depicts nudity, sexual conduct or
21        sado-masochistic abuse and is harmful to minors; or
22            (C) an admission ticket or pass to premises where
23        there is exhibited or to be exhibited such a motion
24        picture, show, or other presentation; or
25        (2) admits a minor to premises where there is exhibited
26    or to be exhibited such a motion picture, show, or other

 

 

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1    presentation, knowing that the minor is a person under the
2    age of 18 or failing to exercise reasonable care in
3    ascertaining the person's true age.
4    (c) In any prosecution arising under this Section, it is an
5affirmative defense:
6        (1) that the minor as to whom the offense is alleged to
7    have been committed exhibited to the accused a draft card,
8    driver's license, birth certificate or other official or
9    apparently official document purporting to establish that
10    the minor was 18 years of age or older, which was relied
11    upon by the accused;
12        (2) that the defendant was in a parental or
13    guardianship relationship with the minor or that the minor
14    was accompanied by a parent or legal guardian;
15        (3) that the defendant was a bona fide school, museum,
16    or public library, or was a person acting in the course of
17    his or her employment as an employee or official of such
18    organization or retail outlet affiliated with and serving
19    the educational purpose of such organization;
20        (4) that the act charged was committed in aid of
21    legitimate scientific or educational purposes; or
22        (5) that an advertisement of harmful material as
23    defined in this Section culminated in the sale or
24    distribution of such harmful material to a child under
25    circumstances where there was no personal confrontation of
26    the child by the defendant, his or her employees, or

 

 

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1    agents, as where the order or request for such harmful
2    material was transmitted by mail, telephone, Internet or
3    similar means of communication, and delivery of such
4    harmful material to the child was by mail, freight,
5    Internet or similar means of transport, which
6    advertisement contained the following statement, or a
7    substantially similar statement, and that the defendant
8    required the purchaser to certify that he or she was not
9    under the age of 18 and that the purchaser falsely stated
10    that he or she was not under the age of 18: "NOTICE: It is
11    unlawful for any person under the age of 18 to purchase the
12    matter advertised. Any person under the age of 18 that
13    falsely states that he or she is not under the age of 18
14    for the purpose of obtaining the material advertised is
15    guilty of a Class B misdemeanor under the laws of the
16    State."
17    (d) The predominant appeal to prurient interest of the
18material shall be judged with reference to average children of
19the same general age of the child to whom such material was
20sold, lent, distributed or given, unless it appears from the
21nature of the matter or the circumstances of its dissemination
22or distribution that it is designed for specially susceptible
23groups, in which case the predominant appeal of the material
24shall be judged with reference to its intended or probable
25recipient group.
26    (e) Distribution of harmful material in violation of this

 

 

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1Section is a Class A misdemeanor. A second or subsequent
2offense is a Class 4 felony.
3    (f) Any person under the age of 18 who that falsely states,
4either orally or in writing, that he or she is not under the
5age of 18, or who that presents or offers to any person any
6evidence of age and identity that is false or not actually his
7or her own with the intent for the purpose of ordering,
8obtaining, viewing, or otherwise procuring or attempting to
9procure or view any harmful material is guilty of a Class B
10misdemeanor.
11    (g) A person over the age of 18 who fails to exercise
12reasonable care in ascertaining the true age of a minor,
13knowingly distributes to, or sends, or causes to be sent, or
14exhibits to, or offers to distribute, or exhibits any harmful
15material to a person that he or she believes is a minor is
16guilty of a Class A misdemeanor. If that person utilized a
17computer web camera, cellular telephone, or any other type of
18device to manufacture the harmful material, then each offense
19is a Class 4 felony.
20    (h) Telecommunications carriers, commercial mobile service
21providers, and providers of information services, including,
22but not limited to, Internet service providers and hosting
23service providers, are not liable under this Section, except
24for willful and wanton misconduct, by virtue of the
25transmission, storage, or caching of electronic communications
26or messages of others or by virtue of the provision of other

 

 

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1related telecommunications, commercial mobile services, or
2information services used by others in violation of this
3Section.
4(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10.)
 
5    (720 ILCS 5/11-23)
6    Sec. 11-23. Posting of identifying or graphic information
7on a pornographic Internet site or possessing graphic
8information with pornographic material.
9    (a) A person at least 17 years of age who knowingly
10discloses on an adult obscenity or child pornography Internet
11site the name, address, telephone number, or e-mail address of
12a person under 17 years of age at the time of the commission of
13the offense or of a person at least 17 years of age without the
14consent of the person at least 17 years of age is guilty of the
15offense of posting of identifying information on a pornographic
16Internet site.
17    (a-5) Any person who knowingly places, posts, reproduces,
18or maintains on an adult obscenity or child pornography
19Internet site a photograph, video, or digital image of a person
20under 18 years of age that is not child pornography under
21Section 11-20.1, without the knowledge and consent of the
22person under 18 years of age, is guilty of the offense of
23posting of graphic information on a pornographic Internet site.
24This provision applies even if the person under 18 years of age
25is fully or properly clothed in the photograph, video, or

 

 

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1digital image.
2    (a-10) Any person who knowingly places, posts, reproduces,
3or maintains on an adult obscenity or child pornography
4Internet site, or possesses with obscene or child pornographic
5material a photograph, video, or digital image of a person
6under 18 years of age in which the child is posed in a
7suggestive manner with the focus or concentration of the image
8on the child's clothed genitals, clothed pubic area, clothed
9buttocks area, or if the child is female, the breast exposed
10through transparent clothing, and the photograph, video, or
11digital image is not child pornography under Section 11-20.1,
12is guilty of posting of graphic information on a pornographic
13Internet site or possessing graphic information with
14pornographic material.
15    (b) Sentence. A person who violates subsection (a) of this
16Section is guilty of a Class 4 felony if the victim is at least
1717 years of age at the time of the offense and a Class 3 felony
18if the victim is under 17 years of age at the time of the
19offense. A person who violates subsection (a-5) of this Section
20is guilty of a Class 4 felony. A person who violates subsection
21(a-10) of this Section is guilty of a Class 3 felony.
22    (c) Definitions. For purposes of this Section:
23        (1) "Adult obscenity or child pornography Internet
24    site" means a site on the Internet that contains material
25    that is obscene as defined in Section 11-20 of this Code or
26    that is child pornography as defined in Section 11-20.1 of

 

 

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1    this Code.
2        (2) "Internet" has the meaning set forth in Section
3    16J-5 of this Code includes the World Wide Web, electronic
4    mail, a news group posting, or Internet file transfer.
5(Source: P.A. 95-983, eff. 6-1-09.)
 
6    (720 ILCS 5/11-24)
7    Sec. 11-24. Child photography by sex offender.
8    (a) In this Section:
9    "Child" means a person under 18 years of age.
10    "Child sex offender" has the meaning ascribed to it in
11Section 11-0.1 11-9.3 of this Code.
12    (b) It is unlawful for a child sex offender to knowingly:
13        (1) conduct or operate any type of business in which he
14    or she photographs, videotapes, or takes a digital image of
15    a child; or
16        (2) conduct or operate any type of business in which he
17    or she instructs or directs another person to photograph,
18    videotape, or take a digital image of a child; or
19        (3) photograph, videotape, or take a digital image of a
20    child, or instruct or direct another person to photograph,
21    videotape, or take a digital image of a child without the
22    consent of the parent or guardian.
23    (c) Sentence. A violation of this Section is a Class 2
24felony. A person who violates this Section at a playground,
25park facility, school, forest preserve, day care facility, or

 

 

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1at a facility providing programs or services directed to
2persons under 17 years of age is guilty of a Class 1 felony.
3(Source: P.A. 95-983, eff. 6-1-09.)
 
4    (720 ILCS 5/Art. 11 Subdiv. 25 heading new)
5
SUBDIVISION 25. OTHER OFFENSES

 
6    (720 ILCS 5/11-30)  (was 720 ILCS 5/11-9)
7    Sec. 11-30 11-9. Public indecency.
8    (a) Any person of the age of 17 years and upwards who
9performs any of the following acts in a public place commits a
10public indecency:
11        (1) An act of sexual penetration or sexual conduct as
12    defined in Section 12-12 of this Code; or
13        (2) A lewd exposure of the body done with intent to
14    arouse or to satisfy the sexual desire of the person.
15    Breast-feeding of infants is not an act of public
16indecency.
17    (b) "Public place" for purposes of this Section means any
18place where the conduct may reasonably be expected to be viewed
19by others.
20    (c) Sentence.
21    Public indecency is a Class A misdemeanor. A person
22convicted of a third or subsequent violation for public
23indecency is guilty of a Class 4 felony. Public indecency is a
24Class 4 felony if committed by a person 18 years of age or

 

 

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1older who is on or within 500 feet of elementary or secondary
2school grounds when children are present on the grounds.
3(Source: P.A. 96-1098, eff. 1-1-11.)
 
4    (720 ILCS 5/11-35)  (was 720 ILCS 5/11-7)
5    Sec. 11-35 11-7. Adultery.
6    Adultery.) (a) A Any person commits adultery when he or she
7who has sexual intercourse with another not his or her spouse
8commits adultery, if the behavior is open and notorious, and
9    (1) The person is married and knows the other person
10involved in such intercourse is not his spouse; or
11    (2) The person is not married and knows that the other
12person involved in such intercourse is married.
13    A person shall be exempt from prosecution under this
14Section if his liability is based solely on evidence he has
15given in order to comply with the requirements of Section 4-1.7
16of "The Illinois Public Aid Code", approved April 11, 1967, as
17amended.
18    (b) Sentence.
19    Adultery is a Class A misdemeanor.
20(Source: P.A. 86-490.)
 
21    (720 ILCS 5/11-40)  (was 720 ILCS 5/11-8)
22    Sec. 11-40 11-8. Fornication.
23    Fornication.) (a) A Any person commits fornication when he
24or she knowingly who has sexual intercourse with another not

 

 

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1his or her spouse commits fornication if the behavior is open
2and notorious.
3    A person shall be exempt from prosecution under this
4Section if his liability is based solely on evidence he has
5given in order to comply with the requirements of Section 4-1.7
6of "The Illinois Public Aid Code", approved April 11, 1967, as
7amended.
8    (b) Sentence.
9    Fornication is a Class B misdemeanor.
10(Source: P.A. 86-490.)
 
11    (720 ILCS 5/11-45)  (was 720 ILCS 5/11-12)
12    Sec. 11-45 11-12. Bigamy and Marrying a bigamist.
13    (a) Bigamy. A person commits bigamy when that person has
14Any person having a husband or wife and who subsequently
15knowingly marries another or cohabits in this State after such
16marriage commits bigamy.
17    (a-5) Marrying a bigamist. An unmarried person commits
18marrying a bigamist when that person knowingly marries another
19under circumstances known to him or her which would render the
20other person guilty of bigamy under the laws of this State.
21    (b) It shall be an affirmative defense to bigamy and
22marrying a bigamist that:
23        (1) The prior marriage was dissolved or declared
24    invalid; or
25        (2) The accused reasonably believed the prior spouse to

 

 

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1    be dead; or
2        (3) The prior spouse had been continually absent for a
3    period of 5 years during which time the accused did not
4    know the prior spouse to be alive; or
5        (4) The accused reasonably believed that he or she or
6    the person he or she marries was legally eligible to be
7    married remarry.
8    (c) Sentence.
9    Bigamy is a Class 4 felony. Marrying a bigamist is a Class
10A misdemeanor.
11(Source: P.A. 81-230.)
 
12    (720 ILCS 5/Art. 36.5 heading new)
13
ARTICLE 36.5. VEHICLE IMPOUNDMENT

 
14    (720 ILCS 5/36.5-5 new)
15    Sec. 36.5-5. Vehicle impoundment.
16    (a) In addition to any other penalty provided by law, a
17peace officer who arrests a person for a violation of Section
1810-9, 10-14, 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 of
19this Code, may tow and impound any vehicle used by the person
20in the commission of the offense. The person arrested for one
21or more such violations shall be charged a $1,000 fee, to be
22paid to the unit of government that made the arrest. The person
23may recover the vehicle from the impound after a minimum of 2
24hours after arrest upon payment of the fee.

 

 

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1    (b) $500 of the fee shall be distributed to the unit of
2government whose peace officers made the arrest, for the costs
3incurred by the unit of government to tow and impound the
4vehicle. Upon the defendant's conviction of one or more of the
5offenses in connection with which the vehicle was impounded and
6the fee imposed under this Section, the remaining $500 of the
7fee shall be deposited into the Violent Crime Victims
8Assistance Fund and shall be used by the Department of Human
9Services to make grants to non-governmental organizations to
10provide services for persons encountered during the course of
11an investigation into any violation of Section 10-9, 11-14,
1211-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this
14Code, provided such persons constitute prostituted persons or
15other victims of human trafficking.
16    (c) Upon the presentation by the defendant of a signed
17court order showing that the defendant has been acquitted of
18all of the offenses in connection with which a vehicle was
19impounded and a fee imposed under this Section, or that the
20charges against the defendant for those offenses have been
21dismissed, the unit of government shall refund the $1,000 fee
22to the defendant.
 
23    (720 ILCS 5/11-9.4 rep.)
24    (720 ILCS 5/11-13 rep.)
25    (720 ILCS 5/11-14.2 rep.)

 

 

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1    (720 ILCS 5/11-15 rep.)
2    (720 ILCS 5/11-15.1 rep.)
3    (720 ILCS 5/11-16 rep.)
4    (720 ILCS 5/11-17 rep.)
5    (720 ILCS 5/11-17.1 rep.)
6    (720 ILCS 5/11-19 rep.)
7    (720 ILCS 5/11-19.1 rep.)
8    (720 ILCS 5/11-19.2 rep.)
9    (720 ILCS 5/11-19.3 rep.)
10    (720 ILCS 5/12-12 rep.)
11    Section 6. The Criminal Code of 1961 is amended by
12repealing Sections 11-9.4, 11-13, 11-14.2, 11-15, 11-15.1,
1311-16, 11-17, 11-17.1, 11-19, 11-19.1, 11-19.2, 11-19.3, and
1412-12.
 
15    (720 ILCS 150/5.1 rep.)
16    Section 10. The Wrongs to Children Act is amended by
17repealing Section 5.1.
 
18    Section 905. The Secretary of State Merit Employment Code
19is amended by changing Section 10b.1 as follows:
 
20    (15 ILCS 310/10b.1)  (from Ch. 124, par. 110b.1)
21    Sec. 10b.1. Competitive examinations.
22    (a) For open competitive examinations to test the relative
23fitness of applicants for the respective positions. Tests shall

 

 

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1be designed to eliminate those who are not qualified for
2entrance into the Office of the Secretary of State and to
3discover the relative fitness of those who are qualified. The
4Director may use any one of or any combination of the following
5examination methods which in his judgment best serves this end:
6investigation of education and experience; test of cultural
7knowledge; test of capacity; test of knowledge; test of manual
8skill; test of linguistic ability; test of character; test of
9physical skill; test of psychological fitness. No person with a
10record of misdemeanor convictions except those under Sections
1111-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
1211-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
1324-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
1432-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
1511-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the
16Criminal Code of 1961, or arrested for any cause but not
17convicted thereon shall be disqualified from taking such
18examinations or subsequent appointment unless the person is
19attempting to qualify for a position which would give him the
20powers of a peace officer, in which case the person's
21conviction or arrest record may be considered as a factor in
22determining the person's fitness for the position. All
23examinations shall be announced publicly at least 2 weeks in
24advance of the date of examinations and may be advertised
25through the press, radio or other media.
26    The Director may, at his discretion, accept the results of

 

 

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1competitive examinations conducted by any merit system
2established by Federal law or by the law of any State, and may
3compile eligible lists therefrom or may add the names of
4successful candidates in examinations conducted by those merit
5systems to existing eligible lists in accordance with their
6respective ratings. No person who is a non-resident of the
7State of Illinois may be appointed from those eligible lists,
8however, unless the requirement that applicants be residents of
9the State of Illinois is waived by the Director of Personnel
10and unless there are less than 3 Illinois residents available
11for appointment from the appropriate eligible list. The results
12of the examinations conducted by other merit systems may not be
13used unless they are comparable in difficulty and
14comprehensiveness to examinations conducted by the Department
15of Personnel for similar positions. Special linguistic options
16may also be established where deemed appropriate.
17    (b) The Director of Personnel may require that each person
18seeking employment with the Secretary of State, as part of the
19application process, authorize an investigation to determine
20if the applicant has ever been convicted of a crime and if so,
21the disposition of those convictions; this authorization shall
22indicate the scope of the inquiry and the agencies which may be
23contacted. Upon this authorization, the Director of Personnel
24may request and receive information and assistance from any
25federal, state or local governmental agency as part of the
26authorized investigation. The investigation shall be

 

 

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1undertaken after the fingerprinting of an applicant in the form
2and manner prescribed by the Department of State Police. The
3investigation shall consist of a criminal history records check
4performed by the Department of State Police and the Federal
5Bureau of Investigation, or some other entity that has the
6ability to check the applicant's fingerprints against the
7fingerprint records now and hereafter filed in the Department
8of State Police and Federal Bureau of Investigation criminal
9history records databases. If the Department of State Police
10and the Federal Bureau of Investigation conduct an
11investigation directly for the Secretary of State's Office,
12then the Department of State Police shall charge a fee for
13conducting the criminal history records check, which shall be
14deposited in the State Police Services Fund and shall not
15exceed the actual cost of the records check. The Department of
16State Police shall provide information concerning any criminal
17convictions, and their disposition, brought against the
18applicant or prospective employee of the Secretary of State
19upon request of the Department of Personnel when the request is
20made in the form and manner required by the Department of State
21Police. The information derived from this investigation,
22including the source of this information, and any conclusions
23or recommendations derived from this information by the
24Director of Personnel shall be provided to the applicant or
25prospective employee, or his designee, upon request to the
26Director of Personnel prior to any final action by the Director

 

 

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1of Personnel on the application. No information obtained from
2such investigation may be placed in any automated information
3system. Any criminal convictions and their disposition
4information obtained by the Director of Personnel shall be
5confidential and may not be transmitted outside the Office of
6the Secretary of State, except as required herein, and may not
7be transmitted to anyone within the Office of the Secretary of
8State except as needed for the purpose of evaluating the
9application. The only physical identity materials which the
10applicant or prospective employee can be required to provide
11the Director of Personnel are photographs or fingerprints;
12these shall be returned to the applicant or prospective
13employee upon request to the Director of Personnel, after the
14investigation has been completed and no copy of these materials
15may be kept by the Director of Personnel or any agency to which
16such identity materials were transmitted. Only information and
17standards which bear a reasonable and rational relation to the
18performance of an employee shall be used by the Director of
19Personnel. The Secretary of State shall adopt rules and
20regulations for the administration of this Section. Any
21employee of the Secretary of State who gives or causes to be
22given away any confidential information concerning any
23criminal convictions and their disposition of an applicant or
24prospective employee shall be guilty of a Class A misdemeanor
25unless release of such information is authorized by this
26Section.

 

 

SB1310 Engrossed- 485 -LRB096 09456 RLC 19613 b

1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    Section 910. The Comptroller Merit Employment Code is
3amended by changing Section 10b.1 as follows:
 
4    (15 ILCS 410/10b.1)  (from Ch. 15, par. 426)
5    Sec. 10b.1. Competitive examinations. For open competitive
6examinations to test the relative fitness of applicants for the
7respective positions. Tests shall be designed to eliminate
8those who are not qualified for entrance into the Office of the
9Comptroller and to discover the relative fitness of those who
10are qualified. The Director may use any one of or any
11combination of the following examination methods which in his
12judgment best serves this end: investigation of education and
13experience; test of cultural knowledge; test of capacity; test
14of knowledge; test of manual skill; test of linguistic ability;
15test of character; test of physical skill; test of
16psychological fitness. No person with a record of misdemeanor
17convictions except those under Sections 11-1.50, 11-6, 11-7,
1811-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1912-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
2031-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
21subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
22sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
231961, or arrested for any cause but not convicted thereon shall
24be disqualified from taking such examinations or subsequent

 

 

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1appointment unless the person is attempting to qualify for a
2position which entails financial responsibilities, in which
3case the person's conviction or arrest record may be considered
4as a factor in determining the person's fitness for the
5position. All examinations shall be announced publicly at least
62 weeks in advance of the date of examinations and may be
7advertised through the press, radio or other media.
8    The Director may, at his or her discretion, accept the
9results of competitive examinations conducted by any merit
10system established by Federal law or by the law of any State,
11and may compile eligible lists therefrom or may add the names
12of successful candidates in examinations conducted by those
13merit systems to existing eligible lists in accordance with
14their respective ratings. No person who is a non-resident of
15the State of Illinois may be appointed from those eligible
16lists, however, unless the requirement that applicants be
17residents of the State of Illinois is waived by the Director of
18Human Resources and unless there are less than 3 Illinois
19residents available for appointment from the appropriate
20eligible list. The results of the examinations conducted by
21other merit systems may not be used unless they are comparable
22in difficulty and comprehensiveness to examinations conducted
23by the Department of Human Resources for similar positions.
24Special linguistic options may also be established where deemed
25appropriate.
26(Source: P.A. 90-24, eff. 6-20-97.)
 

 

 

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1    Section 915. The Personnel Code is amended by changing
2Section 8b.1 as follows:
 
3    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
4    Sec. 8b.1. For open competitive examinations to test the
5relative fitness of applicants for the respective positions.
6    Tests shall be designed to eliminate those who are not
7qualified for entrance into or promotion within the service,
8and to discover the relative fitness of those who are
9qualified. The Director may use any one of or any combination
10of the following examination methods which in his judgment best
11serves this end: investigation of education; investigation of
12experience; test of cultural knowledge; test of capacity; test
13of knowledge; test of manual skill; test of linguistic ability;
14test of character; test of physical fitness; test of
15psychological fitness. No person with a record of misdemeanor
16convictions except those under Sections 11-1.50, 11-6, 11-7,
1711-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1812-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1931-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
20subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
21sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
221961 or arrested for any cause but not convicted thereon shall
23be disqualified from taking such examinations or subsequent
24appointment, unless the person is attempting to qualify for a

 

 

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1position which would give him the powers of a peace officer, in
2which case the person's conviction or arrest record may be
3considered as a factor in determining the person's fitness for
4the position. The eligibility conditions specified for the
5position of Assistant Director of Healthcare and Family
6Services in the Department of Healthcare and Family Services in
7Section 5-230 of the Departments of State Government Law (20
8ILCS 5/5-230) shall be applied to that position in addition to
9other standards, tests or criteria established by the Director.
10All examinations shall be announced publicly at least 2 weeks
11in advance of the date of the examinations and may be
12advertised through the press, radio and other media. The
13Director may, however, in his discretion, continue to receive
14applications and examine candidates long enough to assure a
15sufficient number of eligibles to meet the needs of the service
16and may add the names of successful candidates to existing
17eligible lists in accordance with their respective ratings.
18    The Director may, in his discretion, accept the results of
19competitive examinations conducted by any merit system
20established by federal law or by the law of any State, and may
21compile eligible lists therefrom or may add the names of
22successful candidates in examinations conducted by those merit
23systems to existing eligible lists in accordance with their
24respective ratings. No person who is a non-resident of the
25State of Illinois may be appointed from those eligible lists,
26however, unless the requirement that applicants be residents of

 

 

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1the State of Illinois is waived by the Director of Central
2Management Services and unless there are less than 3 Illinois
3residents available for appointment from the appropriate
4eligible list. The results of the examinations conducted by
5other merit systems may not be used unless they are comparable
6in difficulty and comprehensiveness to examinations conducted
7by the Department of Central Management Services for similar
8positions. Special linguistic options may also be established
9where deemed appropriate.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    Section 920. The Children and Family Services Act is
12amended by changing Section 7 as follows:
 
13    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
14    Sec. 7. Placement of children; considerations.
15    (a) In placing any child under this Act, the Department
16shall place such child, as far as possible, in the care and
17custody of some individual holding the same religious belief as
18the parents of the child, or with some child care facility
19which is operated by persons of like religious faith as the
20parents of such child.
21    (b) In placing a child under this Act, the Department may
22place a child with a relative if the Department determines that
23the relative will be able to adequately provide for the child's
24safety and welfare based on the factors set forth in the

 

 

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1Department's rules governing relative placements, and that the
2placement is consistent with the child's best interests, taking
3into consideration the factors set out in subsection (4.05) of
4Section 1-3 of the Juvenile Court Act of 1987.
5    When the Department first assumes custody of a child, in
6placing that child under this Act, the Department shall make
7reasonable efforts to identify and locate a relative who is
8ready, willing, and able to care for the child. At a minimum,
9these efforts shall be renewed each time the child requires a
10placement change and it is appropriate for the child to be
11cared for in a home environment. The Department must document
12its efforts to identify and locate such a relative placement
13and maintain the documentation in the child's case file.
14    If the Department determines that a placement with any
15identified relative is not in the child's best interests or
16that the relative does not meet the requirements to be a
17relative caregiver, as set forth in Department rules or by
18statute, the Department must document the basis for that
19decision and maintain the documentation in the child's case
20file.
21    If, pursuant to the Department's rules, any person files an
22administrative appeal of the Department's decision not to place
23a child with a relative, it is the Department's burden to prove
24that the decision is consistent with the child's best
25interests.
26    When the Department determines that the child requires

 

 

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1placement in an environment, other than a home environment, the
2Department shall continue to make reasonable efforts to
3identify and locate relatives to serve as visitation resources
4for the child and potential future placement resources, except
5when the Department determines that those efforts would be
6futile or inconsistent with the child's best interests.
7    If the Department determines that efforts to identify and
8locate relatives would be futile or inconsistent with the
9child's best interests, the Department shall document the basis
10of its determination and maintain the documentation in the
11child's case file.
12    If the Department determines that an individual or a group
13of relatives are inappropriate to serve as visitation resources
14or possible placement resources, the Department shall document
15the basis of its determination and maintain the documentation
16in the child's case file.
17    When the Department determines that an individual or a
18group of relatives are appropriate to serve as visitation
19resources or possible future placement resources, the
20Department shall document the basis of its determination,
21maintain the documentation in the child's case file, create a
22visitation or transition plan, or both, and incorporate the
23visitation or transition plan, or both, into the child's case
24plan. For the purpose of this subsection, any determination as
25to the child's best interests shall include consideration of
26the factors set out in subsection (4.05) of Section 1-3 of the

 

 

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1Juvenile Court Act of 1987.
2    The Department may not place a child with a relative, with
3the exception of certain circumstances which may be waived as
4defined by the Department in rules, if the results of a check
5of the Law Enforcement Agencies Data System (LEADS) identifies
6a prior criminal conviction of the relative or any adult member
7of the relative's household for any of the following offenses
8under the Criminal Code of 1961:
9        (1) murder;
10        (1.1) solicitation of murder;
11        (1.2) solicitation of murder for hire;
12        (1.3) intentional homicide of an unborn child;
13        (1.4) voluntary manslaughter of an unborn child;
14        (1.5) involuntary manslaughter;
15        (1.6) reckless homicide;
16        (1.7) concealment of a homicidal death;
17        (1.8) involuntary manslaughter of an unborn child;
18        (1.9) reckless homicide of an unborn child;
19        (1.10) drug-induced homicide;
20        (2) a sex offense under Article 11, except offenses
21    described in Sections 11-7, 11-8, 11-12, and 11-13, 11-35,
22    11-40, and 11-45;
23        (3) kidnapping;
24        (3.1) aggravated unlawful restraint;
25        (3.2) forcible detention;
26        (3.3) aiding and abetting child abduction;

 

 

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1        (4) aggravated kidnapping;
2        (5) child abduction;
3        (6) aggravated battery of a child;
4        (7) criminal sexual assault;
5        (8) aggravated criminal sexual assault;
6        (8.1) predatory criminal sexual assault of a child;
7        (9) criminal sexual abuse;
8        (10) aggravated sexual abuse;
9        (11) heinous battery;
10        (12) aggravated battery with a firearm;
11        (13) tampering with food, drugs, or cosmetics;
12        (14) drug-induced infliction of great bodily harm;
13        (15) aggravated stalking;
14        (16) home invasion;
15        (17) vehicular invasion;
16        (18) criminal transmission of HIV;
17        (19) criminal abuse or neglect of an elderly or
18    disabled person;
19        (20) child abandonment;
20        (21) endangering the life or health of a child;
21        (22) ritual mutilation;
22        (23) ritualized abuse of a child;
23        (24) an offense in any other state the elements of
24    which are similar and bear a substantial relationship to
25    any of the foregoing offenses.
26For the purpose of this subsection, "relative" shall include

 

 

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1any person, 21 years of age or over, other than the parent, who
2(i) is currently related to the child in any of the following
3ways by blood or adoption: grandparent, sibling,
4great-grandparent, uncle, aunt, nephew, niece, first cousin,
5second cousin, godparent, great-uncle, or great-aunt; or (ii)
6is the spouse of such a relative; or (iii) is the child's
7step-father, step-mother, or adult step-brother or
8step-sister; "relative" also includes a person related in any
9of the foregoing ways to a sibling of a child, even though the
10person is not related to the child, when the child and its
11sibling are placed together with that person. For children who
12have been in the guardianship of the Department, have been
13adopted, and are subsequently returned to the temporary custody
14or guardianship of the Department, a "relative" may also
15include any person who would have qualified as a relative under
16this paragraph prior to the adoption, but only if the
17Department determines, and documents, that it would be in the
18child's best interests to consider this person a relative,
19based upon the factors for determining best interests set forth
20in subsection (4.05) of Section 1-3 of the Juvenile Court Act
21of 1987. A relative with whom a child is placed pursuant to
22this subsection may, but is not required to, apply for
23licensure as a foster family home pursuant to the Child Care
24Act of 1969; provided, however, that as of July 1, 1995, foster
25care payments shall be made only to licensed foster family
26homes pursuant to the terms of Section 5 of this Act.

 

 

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1    (c) In placing a child under this Act, the Department shall
2ensure that the child's health, safety, and best interests are
3met. In rejecting placement of a child with an identified
4relative, the Department shall ensure that the child's health,
5safety, and best interests are met. In evaluating the best
6interests of the child, the Department shall take into
7consideration the factors set forth in subsection (4.05) of
8Section 1-3 of the Juvenile Court Act of 1987.
9    The Department shall consider the individual needs of the
10child and the capacity of the prospective foster or adoptive
11parents to meet the needs of the child. When a child must be
12placed outside his or her home and cannot be immediately
13returned to his or her parents or guardian, a comprehensive,
14individualized assessment shall be performed of that child at
15which time the needs of the child shall be determined. Only if
16race, color, or national origin is identified as a legitimate
17factor in advancing the child's best interests shall it be
18considered. Race, color, or national origin shall not be
19routinely considered in making a placement decision. The
20Department shall make special efforts for the diligent
21recruitment of potential foster and adoptive families that
22reflect the ethnic and racial diversity of the children for
23whom foster and adoptive homes are needed. "Special efforts"
24shall include contacting and working with community
25organizations and religious organizations and may include
26contracting with those organizations, utilizing local media

 

 

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1and other local resources, and conducting outreach activities.
2    (c-1) At the time of placement, the Department shall
3consider concurrent planning, as described in subsection (l-1)
4of Section 5, so that permanency may occur at the earliest
5opportunity. Consideration should be given so that if
6reunification fails or is delayed, the placement made is the
7best available placement to provide permanency for the child.
8    (d) The Department may accept gifts, grants, offers of
9services, and other contributions to use in making special
10recruitment efforts.
11    (e) The Department in placing children in adoptive or
12foster care homes may not, in any policy or practice relating
13to the placement of children for adoption or foster care,
14discriminate against any child or prospective adoptive or
15foster parent on the basis of race.
16(Source: P.A. 94-880, eff. 8-1-06.)
 
17    Section 925. The Criminal Identification Act is amended by
18changing Section 5.2 as follows:
 
19    (20 ILCS 2630/5.2)
20    Sec. 5.2. Expungement and sealing.
21    (a) General Provisions.
22        (1) Definitions. In this Act, words and phrases have
23    the meanings set forth in this subsection, except when a
24    particular context clearly requires a different meaning.

 

 

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1            (A) The following terms shall have the meanings
2        ascribed to them in the Unified Code of Corrections,
3        730 ILCS 5/5-1-2 through 5/5-1-22:
4                (i) Business Offense (730 ILCS 5/5-1-2),
5                (ii) Charge (730 ILCS 5/5-1-3),
6                (iii) Court (730 ILCS 5/5-1-6),
7                (iv) Defendant (730 ILCS 5/5-1-7),
8                (v) Felony (730 ILCS 5/5-1-9),
9                (vi) Imprisonment (730 ILCS 5/5-1-10),
10                (vii) Judgment (730 ILCS 5/5-1-12),
11                (viii) Misdemeanor (730 ILCS 5/5-1-14),
12                (ix) Offense (730 ILCS 5/5-1-15),
13                (x) Parole (730 ILCS 5/5-1-16),
14                (xi) Petty Offense (730 ILCS 5/5-1-17),
15                (xii) Probation (730 ILCS 5/5-1-18),
16                (xiii) Sentence (730 ILCS 5/5-1-19),
17                (xiv) Supervision (730 ILCS 5/5-1-21), and
18                (xv) Victim (730 ILCS 5/5-1-22).
19            (B) As used in this Section, "charge not initiated
20        by arrest" means a charge (as defined by 730 ILCS
21        5/5-1-3) brought against a defendant where the
22        defendant is not arrested prior to or as a direct
23        result of the charge.
24            (C) "Conviction" means a judgment of conviction or
25        sentence entered upon a plea of guilty or upon a
26        verdict or finding of guilty of an offense, rendered by

 

 

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1        a legally constituted jury or by a court of competent
2        jurisdiction authorized to try the case without a jury.
3        An order of supervision successfully completed by the
4        petitioner is not a conviction. An order of qualified
5        probation (as defined in subsection (a)(1)(J))
6        successfully completed by the petitioner is not a
7        conviction. An order of supervision or an order of
8        qualified probation that is terminated
9        unsatisfactorily is a conviction, unless the
10        unsatisfactory termination is reversed, vacated, or
11        modified and the judgment of conviction, if any, is
12        reversed or vacated.
13            (D) "Criminal offense" means a petty offense,
14        business offense, misdemeanor, felony, or municipal
15        ordinance violation (as defined in subsection
16        (a)(1)(H)). As used in this Section, a minor traffic
17        offense (as defined in subsection (a)(1)(G)) shall not
18        be considered a criminal offense.
19            (E) "Expunge" means to physically destroy the
20        records or return them to the petitioner and to
21        obliterate the petitioner's name from any official
22        index or public record, or both. Nothing in this Act
23        shall require the physical destruction of the circuit
24        court file, but such records relating to arrests or
25        charges, or both, ordered expunged shall be impounded
26        as required by subsections (d)(9)(A)(ii) and

 

 

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1        (d)(9)(B)(ii).
2            (F) As used in this Section, "last sentence" means
3        the sentence, order of supervision, or order of
4        qualified probation (as defined by subsection
5        (a)(1)(J)), for a criminal offense (as defined by
6        subsection (a)(1)(D)) that terminates last in time in
7        any jurisdiction, regardless of whether the petitioner
8        has included the criminal offense for which the
9        sentence or order of supervision or qualified
10        probation was imposed in his or her petition. If
11        multiple sentences, orders of supervision, or orders
12        of qualified probation terminate on the same day and
13        are last in time, they shall be collectively considered
14        the "last sentence" regardless of whether they were
15        ordered to run concurrently.
16            (G) "Minor traffic offense" means a petty offense,
17        business offense, or Class C misdemeanor under the
18        Illinois Vehicle Code or a similar provision of a
19        municipal or local ordinance.
20            (H) "Municipal ordinance violation" means an
21        offense defined by a municipal or local ordinance that
22        is criminal in nature and with which the petitioner was
23        charged or for which the petitioner was arrested and
24        released without charging.
25            (I) "Petitioner" means an adult or a minor
26        prosecuted as an adult who has applied for relief under

 

 

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1        this Section.
2            (J) "Qualified probation" means an order of
3        probation under Section 10 of the Cannabis Control Act,
4        Section 410 of the Illinois Controlled Substances Act,
5        Section 70 of the Methamphetamine Control and
6        Community Protection Act, Section 12-4.3(b)(1) and (2)
7        of the Criminal Code of 1961 (as those provisions
8        existed before their deletion by Public Act 89-313),
9        Section 10-102 of the Illinois Alcoholism and Other
10        Drug Dependency Act, Section 40-10 of the Alcoholism
11        and Other Drug Abuse and Dependency Act, or Section 10
12        of the Steroid Control Act. For the purpose of this
13        Section, "successful completion" of an order of
14        qualified probation under Section 10-102 of the
15        Illinois Alcoholism and Other Drug Dependency Act and
16        Section 40-10 of the Alcoholism and Other Drug Abuse
17        and Dependency Act means that the probation was
18        terminated satisfactorily and the judgment of
19        conviction was vacated.
20            (K) "Seal" means to physically and electronically
21        maintain the records, unless the records would
22        otherwise be destroyed due to age, but to make the
23        records unavailable without a court order, subject to
24        the exceptions in Sections 12 and 13 of this Act. The
25        petitioner's name shall also be obliterated from the
26        official index required to be kept by the circuit court

 

 

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1        clerk under Section 16 of the Clerks of Courts Act, but
2        any index issued by the circuit court clerk before the
3        entry of the order to seal shall not be affected.
4            (L) "Sexual offense committed against a minor"
5        includes but is not limited to the offenses of indecent
6        solicitation of a child or criminal sexual abuse when
7        the victim of such offense is under 18 years of age.
8            (M) "Terminate" as it relates to a sentence or
9        order of supervision or qualified probation includes
10        either satisfactory or unsatisfactory termination of
11        the sentence, unless otherwise specified in this
12        Section.
13        (2) Minor Traffic Offenses. Orders of supervision or
14    convictions for minor traffic offenses shall not affect a
15    petitioner's eligibility to expunge or seal records
16    pursuant to this Section.
17        (3) Exclusions. Except as otherwise provided in
18    subsections (b)(5), (b)(6), and (e) of this Section, the
19    court shall not order:
20            (A) the sealing or expungement of the records of
21        arrests or charges not initiated by arrest that result
22        in an order of supervision for or conviction of: (i)
23        any sexual offense committed against a minor; (ii)
24        Section 11-501 of the Illinois Vehicle Code or a
25        similar provision of a local ordinance; or (iii)
26        Section 11-503 of the Illinois Vehicle Code or a

 

 

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1        similar provision of a local ordinance.
2            (B) the sealing or expungement of records of minor
3        traffic offenses (as defined in subsection (a)(1)(G)),
4        unless the petitioner was arrested and released
5        without charging.
6            (C) the sealing of the records of arrests or
7        charges not initiated by arrest which result in an
8        order of supervision, an order of qualified probation
9        (as defined in subsection (a)(1)(J)), or a conviction
10        for the following offenses:
11                (i) offenses included in Article 11 of the
12            Criminal Code of 1961 or a similar provision of a
13            local ordinance, except Section 11-14 of the
14            Criminal Code of 1961 or a similar provision of a
15            local ordinance;
16                (ii) Section 11-1.50, 12-15, 12-30, or 26-5 of
17            the Criminal Code of 1961 or a similar provision of
18            a local ordinance;
19                (iii) offenses defined as "crimes of violence"
20            in Section 2 of the Crime Victims Compensation Act
21            or a similar provision of a local ordinance;
22                (iv) offenses which are Class A misdemeanors
23            under the Humane Care for Animals Act; or
24                (v) any offense or attempted offense that
25            would subject a person to registration under the
26            Sex Offender Registration Act.

 

 

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1            (D) the sealing of the records of an arrest which
2        results in the petitioner being charged with a felony
3        offense or records of a charge not initiated by arrest
4        for a felony offense, regardless of the disposition,
5        unless:
6                (i) the charge is amended to a misdemeanor and
7            is otherwise eligible to be sealed pursuant to
8            subsection (c);
9                (ii) the charge is brought along with another
10            charge as a part of one case and the charge results
11            in acquittal, dismissal, or conviction when the
12            conviction was reversed or vacated, and another
13            charge brought in the same case results in a
14            disposition for a misdemeanor offense that is
15            eligible to be sealed pursuant to subsection (c) or
16            a disposition listed in paragraph (i), (iii) or
17            (iv) of this subsection;
18                (iii) the charge results in first offender
19            probation as set forth in subsection (c)(2)(E); or
20                (iv) the charge is for a Class 4 felony offense
21            listed in subsection (c)(2)(F) or the charge is
22            amended to a Class 4 felony offense listed in
23            subsection (c)(2)(F). Records of arrests which
24            result in the petitioner being charged with a Class
25            4 felony offense listed in subsection (c)(2)(F),
26            records of charges not initiated by arrest for

 

 

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1            Class 4 felony offenses listed in subsection
2            (c)(2)(F), and records of charges amended to a
3            Class 4 felony offense listed in (c)(2)(F) may be
4            sealed, regardless of the disposition, subject to
5            any waiting periods set forth in subsection
6            (c)(3).
7    (b) Expungement.
8        (1) A petitioner may petition the circuit court to
9    expunge the records of his or her arrests and charges not
10    initiated by arrest when:
11            (A) He or she has never been convicted of a
12        criminal offense; and
13            (B) Each arrest or charge not initiated by arrest
14        sought to be expunged resulted in: (i) acquittal,
15        dismissal, or the petitioner's release without
16        charging, unless excluded by subsection (a)(3)(B);
17        (ii) a conviction which was vacated or reversed, unless
18        excluded by subsection (a)(3)(B); (iii) an order of
19        supervision and such supervision was successfully
20        completed by the petitioner, unless excluded by
21        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
22        qualified probation (as defined in subsection
23        (a)(1)(J)) and such probation was successfully
24        completed by the petitioner.
25        (2) Time frame for filing a petition to expunge.
26            (A) When the arrest or charge not initiated by

 

 

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1        arrest sought to be expunged resulted in an acquittal,
2        dismissal, the petitioner's release without charging,
3        or the reversal or vacation of a conviction, there is
4        no waiting period to petition for the expungement of
5        such records.
6            (B) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        supervision, successfully completed by the petitioner,
9        the following time frames will apply:
10                (i) Those arrests or charges that resulted in
11            orders of supervision under Section 3-707, 3-708,
12            3-710, or 5-401.3 of the Illinois Vehicle Code or a
13            similar provision of a local ordinance, or under
14            Section 11-1.50, 12-3.2, 12-15 or 16A-3 of the
15            Criminal Code of 1961 or a similar provision of a
16            local ordinance, shall not be eligible for
17            expungement until 5 years have passed following
18            the satisfactory termination of the supervision.
19                (ii) Those arrests or charges that resulted in
20            orders of supervision for any other offenses shall
21            not be eligible for expungement until 2 years have
22            passed following the satisfactory termination of
23            the supervision.
24            (C) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        qualified probation, successfully completed by the

 

 

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1        petitioner, such records shall not be eligible for
2        expungement until 5 years have passed following the
3        satisfactory termination of the probation.
4        (3) Those records maintained by the Department for
5    persons arrested prior to their 17th birthday shall be
6    expunged as provided in Section 5-915 of the Juvenile Court
7    Act of 1987.
8        (4) Whenever a person has been arrested for or
9    convicted of any offense, in the name of a person whose
10    identity he or she has stolen or otherwise come into
11    possession of, the aggrieved person from whom the identity
12    was stolen or otherwise obtained without authorization,
13    upon learning of the person having been arrested using his
14    or her identity, may, upon verified petition to the chief
15    judge of the circuit wherein the arrest was made, have a
16    court order entered nunc pro tunc by the Chief Judge to
17    correct the arrest record, conviction record, if any, and
18    all official records of the arresting authority, the
19    Department, other criminal justice agencies, the
20    prosecutor, and the trial court concerning such arrest, if
21    any, by removing his or her name from all such records in
22    connection with the arrest and conviction, if any, and by
23    inserting in the records the name of the offender, if known
24    or ascertainable, in lieu of the aggrieved's name. The
25    records of the circuit court clerk shall be sealed until
26    further order of the court upon good cause shown and the

 

 

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1    name of the aggrieved person obliterated on the official
2    index required to be kept by the circuit court clerk under
3    Section 16 of the Clerks of Courts Act, but the order shall
4    not affect any index issued by the circuit court clerk
5    before the entry of the order. Nothing in this Section
6    shall limit the Department of State Police or other
7    criminal justice agencies or prosecutors from listing
8    under an offender's name the false names he or she has
9    used.
10        (5) Whenever a person has been convicted of criminal
11    sexual assault, aggravated criminal sexual assault,
12    predatory criminal sexual assault of a child, criminal
13    sexual abuse, or aggravated criminal sexual abuse, the
14    victim of that offense may request that the State's
15    Attorney of the county in which the conviction occurred
16    file a verified petition with the presiding trial judge at
17    the petitioner's trial to have a court order entered to
18    seal the records of the circuit court clerk in connection
19    with the proceedings of the trial court concerning that
20    offense. However, the records of the arresting authority
21    and the Department of State Police concerning the offense
22    shall not be sealed. The court, upon good cause shown,
23    shall make the records of the circuit court clerk in
24    connection with the proceedings of the trial court
25    concerning the offense available for public inspection.
26        (6) If a conviction has been set aside on direct review

 

 

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1    or on collateral attack and the court determines by clear
2    and convincing evidence that the petitioner was factually
3    innocent of the charge, the court shall enter an
4    expungement order as provided in subsection (b) of Section
5    5-5-4 of the Unified Code of Corrections.
6        (7) Nothing in this Section shall prevent the
7    Department of State Police from maintaining all records of
8    any person who is admitted to probation upon terms and
9    conditions and who fulfills those terms and conditions
10    pursuant to Section 10 of the Cannabis Control Act, Section
11    410 of the Illinois Controlled Substances Act, Section 70
12    of the Methamphetamine Control and Community Protection
13    Act, Section 12-4.3 of the Criminal Code of 1961, Section
14    10-102 of the Illinois Alcoholism and Other Drug Dependency
15    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
16    and Dependency Act, or Section 10 of the Steroid Control
17    Act.
18    (c) Sealing.
19        (1) Applicability. Notwithstanding any other provision
20    of this Act to the contrary, and cumulative with any rights
21    to expungement of criminal records, this subsection
22    authorizes the sealing of criminal records of adults and of
23    minors prosecuted as adults.
24        (2) Eligible Records. The following records may be
25    sealed:
26            (A) All arrests resulting in release without

 

 

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1        charging;
2            (B) Arrests or charges not initiated by arrest
3        resulting in acquittal, dismissal, or conviction when
4        the conviction was reversed or vacated, except as
5        excluded by subsection (a)(3)(B) or (a)(3)(D);
6            (C) Arrests or charges not initiated by arrest
7        resulting in orders of supervision successfully
8        completed by the petitioner, unless excluded by
9        subsection (a)(3);
10            (D) Arrests or charges not initiated by arrest
11        resulting in convictions unless excluded by subsection
12        (a)(3);
13            (E) Arrests or charges not initiated by arrest
14        resulting in orders of first offender probation under
15        Section 10 of the Cannabis Control Act, Section 410 of
16        the Illinois Controlled Substances Act, or Section 70
17        of the Methamphetamine Control and Community
18        Protection Act; and
19            (F) Arrests or charges not initiated by arrest
20        resulting in Class 4 felony convictions for the
21        following offenses:
22                (i) Section 11-14 of the Criminal Code of 1961;
23                (ii) Section 4 of the Cannabis Control Act;
24                (iii) Section 402 of the Illinois Controlled
25            Substances Act;
26                (iv) the Methamphetamine Precursor Control

 

 

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1            Act; and
2                (v) the Steroid Control Act.
3        (3) When Records Are Eligible to Be Sealed. Records
4    identified as eligible under subsection (c)(2) may be
5    sealed as follows:
6            (A) Records identified as eligible under
7        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
8        time.
9            (B) Records identified as eligible under
10        subsection (c)(2)(C) may be sealed (i) 3 years after
11        the termination of petitioner's last sentence (as
12        defined in subsection (a)(1)(F)) if the petitioner has
13        never been convicted of a criminal offense (as defined
14        in subsection (a)(1)(D)); or (ii) 4 years after the
15        termination of the petitioner's last sentence (as
16        defined in subsection (a)(1)(F)) if the petitioner has
17        ever been convicted of a criminal offense (as defined
18        in subsection (a)(1)(D)).
19            (C) Records identified as eligible under
20        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
21        sealed 4 years after the termination of the
22        petitioner's last sentence (as defined in subsection
23        (a)(1)(F)).
24        (4) Subsequent felony convictions. A person may not
25    have subsequent felony conviction records sealed as
26    provided in this subsection (c) if he or she is convicted

 

 

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1    of any felony offense after the date of the sealing of
2    prior felony convictions as provided in this subsection
3    (c). The court may, upon conviction for a subsequent felony
4    offense, order the unsealing of prior felony conviction
5    records previously ordered sealed by the court.
6        (5) Notice of eligibility for sealing. Upon entry of a
7    disposition for an eligible record under this subsection
8    (c), the petitioner shall be informed by the court of the
9    right to have the records sealed and the procedures for the
10    sealing of the records.
11    (d) Procedure. The following procedures apply to
12expungement under subsections (b) and (e), and sealing under
13subsection (c):
14        (1) Filing the petition. Upon becoming eligible to
15    petition for the expungement or sealing of records under
16    this Section, the petitioner shall file a petition
17    requesting the expungement or sealing of records with the
18    clerk of the court where the arrests occurred or the
19    charges were brought, or both. If arrests occurred or
20    charges were brought in multiple jurisdictions, a petition
21    must be filed in each such jurisdiction. The petitioner
22    shall pay the applicable fee, if not waived.
23        (2) Contents of petition. The petition shall be
24    verified and shall contain the petitioner's name, date of
25    birth, current address and, for each arrest or charge not
26    initiated by arrest sought to be sealed or expunged, the

 

 

SB1310 Engrossed- 512 -LRB096 09456 RLC 19613 b

1    case number, the date of arrest (if any), the identity of
2    the arresting authority, and such other information as the
3    court may require. During the pendency of the proceeding,
4    the petitioner shall promptly notify the circuit court
5    clerk of any change of his or her address.
6        (3) Drug test. The petitioner must attach to the
7    petition proof that the petitioner has passed a test taken
8    within 30 days before the filing of the petition showing
9    the absence within his or her body of all illegal
10    substances as defined by the Illinois Controlled
11    Substances Act, the Methamphetamine Control and Community
12    Protection Act, and the Cannabis Control Act if he or she
13    is petitioning to seal felony records pursuant to clause
14    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
15    petitioning to expunge felony records of a qualified
16    probation pursuant to clause (b)(1)(B)(iv).
17        (4) Service of petition. The circuit court clerk shall
18    promptly serve a copy of the petition on the State's
19    Attorney or prosecutor charged with the duty of prosecuting
20    the offense, the Department of State Police, the arresting
21    agency and the chief legal officer of the unit of local
22    government effecting the arrest.
23        (5) Objections.
24            (A) Any party entitled to notice of the petition
25        may file an objection to the petition. All objections
26        shall be in writing, shall be filed with the circuit

 

 

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1        court clerk, and shall state with specificity the basis
2        of the objection.
3            (B) Objections to a petition to expunge or seal
4        must be filed within 60 days of the date of service of
5        the petition.
6        (6) Entry of order.
7            (A) The Chief Judge of the circuit wherein the
8        charge was brought, any judge of that circuit
9        designated by the Chief Judge, or in counties of less
10        than 3,000,000 inhabitants, the presiding trial judge
11        at the petitioner's trial, if any, shall rule on the
12        petition to expunge or seal as set forth in this
13        subsection (d)(6).
14            (B) Unless the State's Attorney or prosecutor, the
15        Department of State Police, the arresting agency, or
16        the chief legal officer files an objection to the
17        petition to expunge or seal within 60 days from the
18        date of service of the petition, the court shall enter
19        an order granting or denying the petition.
20        (7) Hearings. If an objection is filed, the court shall
21    set a date for a hearing and notify the petitioner and all
22    parties entitled to notice of the petition of the hearing
23    date at least 30 days prior to the hearing, and shall hear
24    evidence on whether the petition should or should not be
25    granted, and shall grant or deny the petition to expunge or
26    seal the records based on the evidence presented at the

 

 

SB1310 Engrossed- 514 -LRB096 09456 RLC 19613 b

1    hearing.
2        (8) Service of order. After entering an order to
3    expunge or seal records, the court must provide copies of
4    the order to the Department, in a form and manner
5    prescribed by the Department, to the petitioner, to the
6    State's Attorney or prosecutor charged with the duty of
7    prosecuting the offense, to the arresting agency, to the
8    chief legal officer of the unit of local government
9    effecting the arrest, and to such other criminal justice
10    agencies as may be ordered by the court.
11        (9) Effect of order.
12            (A) Upon entry of an order to expunge records
13        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency,
16            the Department, and any other agency as ordered by
17            the court, within 60 days of the date of service of
18            the order, unless a motion to vacate, modify, or
19            reconsider the order is filed pursuant to
20            paragraph (12) of subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the court
23            upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

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1            the order shall not affect any index issued by the
2            circuit court clerk before the entry of the order;
3            and
4                (iii) in response to an inquiry for expunged
5            records, the court, the Department, or the agency
6            receiving such inquiry, shall reply as it does in
7            response to inquiries when no records ever
8            existed.
9            (B) Upon entry of an order to expunge records
10        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
11                (i) the records shall be expunged (as defined
12            in subsection (a)(1)(E)) by the arresting agency
13            and any other agency as ordered by the court,
14            within 60 days of the date of service of the order,
15            unless a motion to vacate, modify, or reconsider
16            the order is filed pursuant to paragraph (12) of
17            subsection (d) of this Section;
18                (ii) the records of the circuit court clerk
19            shall be impounded until further order of the court
20            upon good cause shown and the name of the
21            petitioner obliterated on the official index
22            required to be kept by the circuit court clerk
23            under Section 16 of the Clerks of Courts Act, but
24            the order shall not affect any index issued by the
25            circuit court clerk before the entry of the order;
26                (iii) the records shall be impounded by the

 

 

SB1310 Engrossed- 516 -LRB096 09456 RLC 19613 b

1            Department within 60 days of the date of service of
2            the order as ordered by the court, unless a motion
3            to vacate, modify, or reconsider the order is filed
4            pursuant to paragraph (12) of subsection (d) of
5            this Section;
6                (iv) records impounded by the Department may
7            be disseminated by the Department only as required
8            by law or to the arresting authority, the State's
9            Attorney, and the court upon a later arrest for the
10            same or a similar offense or for the purpose of
11            sentencing for any subsequent felony, and to the
12            Department of Corrections upon conviction for any
13            offense; and
14                (v) in response to an inquiry for such records
15            from anyone not authorized by law to access such
16            records the court, the Department, or the agency
17            receiving such inquiry shall reply as it does in
18            response to inquiries when no records ever
19            existed.
20            (C) Upon entry of an order to seal records under
21        subsection (c), the arresting agency, any other agency
22        as ordered by the court, the Department, and the court
23        shall seal the records (as defined in subsection
24        (a)(1)(K)). In response to an inquiry for such records
25        from anyone not authorized by law to access such
26        records the court, the Department, or the agency

 

 

SB1310 Engrossed- 517 -LRB096 09456 RLC 19613 b

1        receiving such inquiry shall reply as it does in
2        response to inquiries when no records ever existed.
3        (10) Fees. The Department may charge the petitioner a
4    fee equivalent to the cost of processing any order to
5    expunge or seal records. Notwithstanding any provision of
6    the Clerks of Courts Act to the contrary, the circuit court
7    clerk may charge a fee equivalent to the cost associated
8    with the sealing or expungement of records by the circuit
9    court clerk. From the total filing fee collected for the
10    petition to seal or expunge, the circuit court clerk shall
11    deposit $10 into the Circuit Court Clerk Operation and
12    Administrative Fund, to be used to offset the costs
13    incurred by the circuit court clerk in performing the
14    additional duties required to serve the petition to seal or
15    expunge on all parties. The circuit court clerk shall
16    collect and forward the Department of State Police portion
17    of the fee to the Department and it shall be deposited in
18    the State Police Services Fund.
19        (11) Final Order. No court order issued under the
20    expungement or sealing provisions of this Section shall
21    become final for purposes of appeal until 30 days after
22    service of the order on the petitioner and all parties
23    entitled to notice of the petition.
24        (12) Motion to Vacate, Modify, or Reconsider. The
25    petitioner or any party entitled to notice may file a
26    motion to vacate, modify, or reconsider the order granting

 

 

SB1310 Engrossed- 518 -LRB096 09456 RLC 19613 b

1    or denying the petition to expunge or seal within 60 days
2    of service of the order.
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only as
22required by law or to the arresting authority, the State's
23Attorney, and the court upon a later arrest for the same or
24similar offense or for the purpose of sentencing for any
25subsequent felony. Upon conviction for any subsequent offense,
26the Department of Corrections shall have access to all sealed

 

 

SB1310 Engrossed- 519 -LRB096 09456 RLC 19613 b

1records of the Department pertaining to that individual. Upon
2entry of the order of expungement, the circuit court clerk
3shall promptly mail a copy of the order to the person who was
4pardoned.
5    (f) Subject to available funding, the Illinois Department
6of Corrections shall conduct a study of the impact of sealing,
7especially on employment and recidivism rates, utilizing a
8random sample of those who apply for the sealing of their
9criminal records under Public Act 93-211. At the request of the
10Illinois Department of Corrections, records of the Illinois
11Department of Employment Security shall be utilized as
12appropriate to assist in the study. The study shall not
13disclose any data in a manner that would allow the
14identification of any particular individual or employing unit.
15The study shall be made available to the General Assembly no
16later than September 1, 2010.
17(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
18    Section 930. The Sex Offender Management Board Act is
19amended by changing Section 10 as follows:
 
20    (20 ILCS 4026/10)
21    Sec. 10. Definitions. In this Act, unless the context
22otherwise requires:
23    (a) "Board" means the Sex Offender Management Board created
24in Section 15.

 

 

SB1310 Engrossed- 520 -LRB096 09456 RLC 19613 b

1    (b) "Sex offender" means any person who is convicted or
2found delinquent in the State of Illinois, or under any
3substantially similar federal law or law of another state, of
4any sex offense or attempt of a sex offense as defined in
5subsection (c) of this Section, or any former statute of this
6State that defined a felony sex offense, or who has been
7certified as a sexually dangerous person under the Sexually
8Dangerous Persons Act or declared a sexually violent person
9under the Sexually Violent Persons Commitment Act, or any
10substantially similar federal law or law of another state.
11    (c) "Sex offense" means any felony or misdemeanor offense
12described in this subsection (c) as follows:
13        (1) Indecent solicitation of a child, in violation of
14    Section 11-6 of the Criminal Code of 1961;
15        (2) Indecent solicitation of an adult, in violation of
16    Section 11-6.5 of the Criminal Code of 1961;
17        (3) Public indecency, in violation of Section 11-9 or
18    11-30 of the Criminal Code of 1961;
19        (4) Sexual exploitation of a child, in violation of
20    Section 11-9.1 of the Criminal Code of 1961;
21        (5) Sexual relations within families, in violation of
22    Section 11-11 of the Criminal Code of 1961;
23        (6) Promoting juvenile prostitution or soliciting
24    Soliciting for a juvenile prostitute, in violation of
25    Section 11-14.4 or 11-15.1 of the Criminal Code of 1961;
26        (7) Promoting juvenile prostitution or keeping Keeping

 

 

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1    a place of juvenile prostitution, in violation of Section
2    11-14.4 or 11-17.1 of the Criminal Code of 1961;
3        (8) Patronizing a juvenile prostitute, in violation of
4    Section 11-18.1 of the Criminal Code of 1961;
5        (9) Promoting juvenile prostitution or juvenile
6    Juvenile pimping, in violation of Section 11-14.4 or
7    11-19.1 of the Criminal Code of 1961;
8        (10) promoting juvenile prostitution or exploitation
9    Exploitation of a child, in violation of Section 11-14.4 or
10    11-19.2 of the Criminal Code of 1961;
11        (11) Child pornography, in violation of Section
12    11-20.1 of the Criminal Code of 1961;
13        (11.5) Aggravated child pornography, in violation of
14    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
15        (12) Harmful material, in violation of Section 11-21 of
16    the Criminal Code of 1961;
17        (13) Criminal sexual assault, in violation of Section
18    11-1.20 or 12-13 of the Criminal Code of 1961;
19        (14) Aggravated criminal sexual assault, in violation
20    of Section 11-1.30 or 12-14 of the Criminal Code of 1961;
21        (15) Predatory criminal sexual assault of a child, in
22    violation of Section 11-1.40 or 12-14.1 of the Criminal
23    Code of 1961;
24        (16) Criminal sexual abuse, in violation of Section
25    11-1.50 or 12-15 of the Criminal Code of 1961;
26        (17) Aggravated criminal sexual abuse, in violation of

 

 

SB1310 Engrossed- 522 -LRB096 09456 RLC 19613 b

1    Section 11-1.60 or 12-16 of the Criminal Code of 1961;
2        (18) Ritualized abuse of a child, in violation of
3    Section 12-33 of the Criminal Code of 1961;
4        (19) An attempt to commit any of the offenses
5    enumerated in this subsection (c); or
6        (20) Any felony offense under Illinois law that is
7    sexually motivated.
8    (d) "Management" means counseling, monitoring, and
9supervision of any sex offender that conforms to the standards
10created by the Board under Section 15.
11    (e) "Sexually motivated" means one or more of the facts of
12the underlying offense indicates conduct that is of a sexual
13nature or that shows an intent to engage in behavior of a
14sexual nature.
15(Source: P.A. 93-616, eff. 1-1-04.)
 
16    Section 935. The Illinois Police Training Act is amended by
17changing Sections 6 and 6.1 as follows:
 
18    (50 ILCS 705/6)  (from Ch. 85, par. 506)
19    Sec. 6. Selection and certification of schools. The Board
20shall select and certify schools within the State of Illinois
21for the purpose of providing basic training for probationary
22police officers, probationary county corrections officers, and
23court security officers and of providing advanced or in-service
24training for permanent police officers or permanent county

 

 

SB1310 Engrossed- 523 -LRB096 09456 RLC 19613 b

1corrections officers, which schools may be either publicly or
2privately owned and operated. In addition, the Board has the
3following power and duties:
4        a. To require local governmental units to furnish such
5    reports and information as the Board deems necessary to
6    fully implement this Act.
7        b. To establish appropriate mandatory minimum
8    standards relating to the training of probationary local
9    law enforcement officers or probationary county
10    corrections officers.
11        c. To provide appropriate certification to those
12    probationary officers who successfully complete the
13    prescribed minimum standard basic training course.
14        d. To review and approve annual training curriculum for
15    county sheriffs.
16        e. To review and approve applicants to ensure no
17    applicant is admitted to a certified academy unless the
18    applicant is a person of good character and has not been
19    convicted of a felony offense, any of the misdemeanors in
20    Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
21    12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
22    32-4a, or 32-7 of the Criminal Code of 1961, subdivision
23    (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code
24    of 1961, or Section 5 or 5.2 of the Cannabis Control Act,
25    or a crime involving moral turpitude under the laws of this
26    State or any other state which if committed in this State

 

 

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1    would be punishable as a felony or a crime of moral
2    turpitude. The Board may appoint investigators who shall
3    enforce the duties conferred upon the Board by this Act.
4(Source: P.A. 91-495, eff. 1-1-00.)
 
5    (50 ILCS 705/6.1)
6    Sec. 6.1. Decertification of full-time and part-time
7police officers.
8    (a) The Board must review police officer conduct and
9records to ensure that no police officer is certified or
10provided a valid waiver if that police officer has been
11convicted of a felony offense under the laws of this State or
12any other state which if committed in this State would be
13punishable as a felony. The Board must also ensure that no
14police officer is certified or provided a valid waiver if that
15police officer has been convicted on or after the effective
16date of this amendatory Act of 1999 of any misdemeanor
17specified in this Section or if committed in any other state
18would be an offense similar to Section 11-1.50, 11-6, 11-9.1,
1911-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1,
2031-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961,
21to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
22Criminal Code of 1961, or to Section 5 or 5.2 of the Cannabis
23Control Act. The Board must appoint investigators to enforce
24the duties conferred upon the Board by this Act.
25    (b) It is the responsibility of the sheriff or the chief

 

 

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1executive officer of every local law enforcement agency or
2department within this State to report to the Board any arrest
3or conviction of any officer for an offense identified in this
4Section.
5    (c) It is the duty and responsibility of every full-time
6and part-time police officer in this State to report to the
7Board within 30 days, and the officer's sheriff or chief
8executive officer, of his or her arrest or conviction for an
9offense identified in this Section. Any full-time or part-time
10police officer who knowingly makes, submits, causes to be
11submitted, or files a false or untruthful report to the Board
12must have his or her certificate or waiver immediately
13decertified or revoked.
14    (d) Any person, or a local or State agency, or the Board is
15immune from liability for submitting, disclosing, or releasing
16information of arrests or convictions in this Section as long
17as the information is submitted, disclosed, or released in good
18faith and without malice. The Board has qualified immunity for
19the release of the information.
20    (e) Any full-time or part-time police officer with a
21certificate or waiver issued by the Board who is convicted of
22any offense described in this Section immediately becomes
23decertified or no longer has a valid waiver. The
24decertification and invalidity of waivers occurs as a matter of
25law. Failure of a convicted person to report to the Board his
26or her conviction as described in this Section or any continued

 

 

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1law enforcement practice after receiving a conviction is a
2Class 4 felony.
3    (f) The Board's investigators are peace officers and have
4all the powers possessed by policemen in cities and by
5sheriff's, provided that the investigators may exercise those
6powers anywhere in the State, only after contact and
7cooperation with the appropriate local law enforcement
8authorities.
9    (g) The Board must request and receive information and
10assistance from any federal, state, or local governmental
11agency as part of the authorized criminal background
12investigation. The Department of State Police must process,
13retain, and additionally provide and disseminate information
14to the Board concerning criminal charges, arrests,
15convictions, and their disposition, that have been filed
16before, on, or after the effective date of this amendatory Act
17of the 91st General Assembly against a basic academy applicant,
18law enforcement applicant, or law enforcement officer whose
19fingerprint identification cards are on file or maintained by
20the Department of State Police. The Federal Bureau of
21Investigation must provide the Board any criminal history
22record information contained in its files pertaining to law
23enforcement officers or any applicant to a Board certified
24basic law enforcement academy as described in this Act based on
25fingerprint identification. The Board must make payment of fees
26to the Department of State Police for each fingerprint card

 

 

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1submission in conformance with the requirements of paragraph 22
2of Section 55a of the Civil Administrative Code of Illinois.
3    (h) A police officer who has been certified or granted a
4valid waiver shall also be decertified or have his or her
5waiver revoked upon a determination by the Illinois Labor
6Relations Board State Panel that he or she, while under oath,
7has knowingly and willfully made false statements as to a
8material fact going to an element of the offense of murder. If
9an appeal is filed, the determination shall be stayed.
10        (1) In the case of an acquittal on a charge of murder,
11    a verified complaint may be filed:
12            (A) by the defendant; or
13            (B) by a police officer with personal knowledge of
14        perjured testimony.
15        The complaint must allege that a police officer, while
16    under oath, knowingly and willfully made false statements
17    as to a material fact going to an element of the offense of
18    murder. The verified complaint must be filed with the
19    Executive Director of the Illinois Law Enforcement
20    Training Standards Board within 2 years of the judgment of
21    acquittal.
22        (2) Within 30 days, the Executive Director of the
23    Illinois Law Enforcement Training Standards Board shall
24    review the verified complaint and determine whether the
25    verified complaint is frivolous and without merit, or
26    whether further investigation is warranted. The Illinois

 

 

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1    Law Enforcement Training Standards Board shall notify the
2    officer and the Executive Director of the Illinois Labor
3    Relations Board State Panel of the filing of the complaint
4    and any action taken thereon. If the Executive Director of
5    the Illinois Law Enforcement Training Standards Board
6    determines that the verified complaint is frivolous and
7    without merit, it shall be dismissed. The Executive
8    Director of the Illinois Law Enforcement Training
9    Standards Board has sole discretion to make this
10    determination and this decision is not subject to appeal.
11    (i) If the Executive Director of the Illinois Law
12Enforcement Training Standards Board determines that the
13verified complaint warrants further investigation, he or she
14shall refer the matter to a task force of investigators created
15for this purpose. This task force shall consist of 8 sworn
16police officers: 2 from the Illinois State Police, 2 from the
17City of Chicago Police Department, 2 from county police
18departments, and 2 from municipal police departments. These
19investigators shall have a minimum of 5 years of experience in
20conducting criminal investigations. The investigators shall be
21appointed by the Executive Director of the Illinois Law
22Enforcement Training Standards Board. Any officer or officers
23acting in this capacity pursuant to this statutory provision
24will have statewide police authority while acting in this
25investigative capacity. Their salaries and expenses for the
26time spent conducting investigations under this paragraph

 

 

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1shall be reimbursed by the Illinois Law Enforcement Training
2Standards Board.
3    (j) Once the Executive Director of the Illinois Law
4Enforcement Training Standards Board has determined that an
5investigation is warranted, the verified complaint shall be
6assigned to an investigator or investigators. The investigator
7or investigators shall conduct an investigation of the verified
8complaint and shall write a report of his or her findings. This
9report shall be submitted to the Executive Director of the
10Illinois Labor Relations Board State Panel.
11    Within 30 days, the Executive Director of the Illinois
12Labor Relations Board State Panel shall review the
13investigative report and determine whether sufficient evidence
14exists to conduct an evidentiary hearing on the verified
15complaint. If the Executive Director of the Illinois Labor
16Relations Board State Panel determines upon his or her review
17of the investigatory report that a hearing should not be
18conducted, the complaint shall be dismissed. This decision is
19in the Executive Director's sole discretion, and this dismissal
20may not be appealed.
21    If the Executive Director of the Illinois Labor Relations
22Board State Panel determines that there is sufficient evidence
23to warrant a hearing, a hearing shall be ordered on the
24verified complaint, to be conducted by an administrative law
25judge employed by the Illinois Labor Relations Board State
26Panel. The Executive Director of the Illinois Labor Relations

 

 

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1Board State Panel shall inform the Executive Director of the
2Illinois Law Enforcement Training Standards Board and the
3person who filed the complaint of either the dismissal of the
4complaint or the issuance of the complaint for hearing. The
5Executive Director shall assign the complaint to the
6administrative law judge within 30 days of the decision
7granting a hearing.
8    (k) In the case of a finding of guilt on the offense of
9murder, if a new trial is granted on direct appeal, or a state
10post-conviction evidentiary hearing is ordered, based on a
11claim that a police officer, under oath, knowingly and
12willfully made false statements as to a material fact going to
13an element of the offense of murder, the Illinois Labor
14Relations Board State Panel shall hold a hearing to determine
15whether the officer should be decertified if an interested
16party requests such a hearing within 2 years of the court's
17decision. The complaint shall be assigned to an administrative
18law judge within 30 days so that a hearing can be scheduled.
19    At the hearing, the accused officer shall be afforded the
20opportunity to:
21        (1) Be represented by counsel of his or her own
22    choosing;
23        (2) Be heard in his or her own defense;
24        (3) Produce evidence in his or her defense;
25        (4) Request that the Illinois Labor Relations Board
26    State Panel compel the attendance of witnesses and

 

 

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1    production of related documents including but not limited
2    to court documents and records.
3    Once a case has been set for hearing, the verified
4complaint shall be referred to the Department of Professional
5Regulation. That office shall prosecute the verified complaint
6at the hearing before the administrative law judge. The
7Department of Professional Regulation shall have the
8opportunity to produce evidence to support the verified
9complaint and to request the Illinois Labor Relations Board
10State Panel to compel the attendance of witnesses and the
11production of related documents, including, but not limited to,
12court documents and records. The Illinois Labor Relations Board
13State Panel shall have the power to issue subpoenas requiring
14the attendance of and testimony of witnesses and the production
15of related documents including, but not limited to, court
16documents and records and shall have the power to administer
17oaths.
18    The administrative law judge shall have the responsibility
19of receiving into evidence relevant testimony and documents,
20including court records, to support or disprove the allegations
21made by the person filing the verified complaint and, at the
22close of the case, hear arguments. If the administrative law
23judge finds that there is not clear and convincing evidence to
24support the verified complaint that the police officer has,
25while under oath, knowingly and willfully made false statements
26as to a material fact going to an element of the offense of

 

 

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1murder, the administrative law judge shall make a written
2recommendation of dismissal to the Illinois Labor Relations
3Board State Panel. If the administrative law judge finds that
4there is clear and convincing evidence that the police officer
5has, while under oath, knowingly and willfully made false
6statements as to a material fact that goes to an element of the
7offense of murder, the administrative law judge shall make a
8written recommendation so concluding to the Illinois Labor
9Relations Board State Panel. The hearings shall be transcribed.
10The Executive Director of the Illinois Law Enforcement Training
11Standards Board shall be informed of the administrative law
12judge's recommended findings and decision and the Illinois
13Labor Relations Board State Panel's subsequent review of the
14recommendation.
15    (l) An officer named in any complaint filed pursuant to
16this Act shall be indemnified for his or her reasonable
17attorney's fees and costs by his or her employer. These fees
18shall be paid in a regular and timely manner. The State, upon
19application by the public employer, shall reimburse the public
20employer for the accused officer's reasonable attorney's fees
21and costs. At no time and under no circumstances will the
22accused officer be required to pay his or her own reasonable
23attorney's fees or costs.
24    (m) The accused officer shall not be placed on unpaid
25status because of the filing or processing of the verified
26complaint until there is a final non-appealable order

 

 

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1sustaining his or her guilt and his or her certification is
2revoked. Nothing in this Act, however, restricts the public
3employer from pursuing discipline against the officer in the
4normal course and under procedures then in place.
5    (n) The Illinois Labor Relations Board State Panel shall
6review the administrative law judge's recommended decision and
7order and determine by a majority vote whether or not there was
8clear and convincing evidence that the accused officer, while
9under oath, knowingly and willfully made false statements as to
10a material fact going to the offense of murder. Within 30 days
11of service of the administrative law judge's recommended
12decision and order, the parties may file exceptions to the
13recommended decision and order and briefs in support of their
14exceptions with the Illinois Labor Relations Board State Panel.
15The parties may file responses to the exceptions and briefs in
16support of the responses no later than 15 days after the
17service of the exceptions. If exceptions are filed by any of
18the parties, the Illinois Labor Relations Board State Panel
19shall review the matter and make a finding to uphold, vacate,
20or modify the recommended decision and order. If the Illinois
21Labor Relations Board State Panel concludes that there is clear
22and convincing evidence that the accused officer, while under
23oath, knowingly and willfully made false statements as to a
24material fact going to an element of the offense murder, the
25Illinois Labor Relations Board State Panel shall inform the
26Illinois Law Enforcement Training Standards Board and the

 

 

SB1310 Engrossed- 534 -LRB096 09456 RLC 19613 b

1Illinois Law Enforcement Training Standards Board shall revoke
2the accused officer's certification. If the accused officer
3appeals that determination to the Appellate Court, as provided
4by this Act, he or she may petition the Appellate Court to stay
5the revocation of his or her certification pending the court's
6review of the matter.
7    (o) None of the Illinois Labor Relations Board State
8Panel's findings or determinations shall set any precedent in
9any of its decisions decided pursuant to the Illinois Public
10Labor Relations Act by the Illinois Labor Relations Board State
11Panel or the courts.
12    (p) A party aggrieved by the final order of the Illinois
13Labor Relations Board State Panel may apply for and obtain
14judicial review of an order of the Illinois Labor Relations
15Board State Panel, in accordance with the provisions of the
16Administrative Review Law, except that such judicial review
17shall be afforded directly in the Appellate Court for the
18district in which the accused officer resides. Any direct
19appeal to the Appellate Court shall be filed within 35 days
20from the date that a copy of the decision sought to be reviewed
21was served upon the party affected by the decision.
22    (q) Interested parties. Only interested parties to the
23criminal prosecution in which the police officer allegedly,
24while under oath, knowingly and willfully made false statements
25as to a material fact going to an element of the offense of
26murder may file a verified complaint pursuant to this Section.

 

 

SB1310 Engrossed- 535 -LRB096 09456 RLC 19613 b

1For purposes of this Section, "interested parties" shall be
2limited to the defendant and any police officer who has
3personal knowledge that the police officer who is the subject
4of the complaint has, while under oath, knowingly and willfully
5made false statements as to a material fact going to an element
6of the offense of murder.
7    (r) Semi-annual reports. The Executive Director of the
8Illinois Labor Relations Board shall submit semi-annual
9reports to the Governor, President, and Minority Leader of the
10Senate, and to the Speaker and Minority Leader of the House of
11Representatives beginning on June 30, 2004, indicating:
12        (1) the number of verified complaints received since
13    the date of the last report;
14        (2) the number of investigations initiated since the
15    date of the last report;
16        (3) the number of investigations concluded since the
17    date of the last report;
18        (4) the number of investigations pending as of the
19    reporting date;
20        (5) the number of hearings held since the date of the
21    last report; and
22        (6) the number of officers decertified since the date
23    of the last report.
24(Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
 
25    Section 940. The Illinois Municipal Code is amended by

 

 

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1changing Sections 10-1-7 and 10-2.1-6 as follows:
 
2    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
3    Sec. 10-1-7. Examination of applicants; disqualifications.
4    (a) All applicants for offices or places in the classified
5service, except those mentioned in Section 10-1-17, are subject
6to examination. The examination shall be public, competitive,
7and open to all citizens of the United States, with specified
8limitations as to residence, age, health, habits and moral
9character.
10    (b) Residency requirements in effect at the time an
11individual enters the fire or police service of a municipality
12(other than a municipality that has more than 1,000,000
13inhabitants) cannot be made more restrictive for that
14individual during his or her period of service for that
15municipality, or be made a condition of promotion, except for
16the rank or position of Fire or Police Chief.
17    (c) No person with a record of misdemeanor convictions
18except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1911-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
2014-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
2131-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
22(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
23of Section 24-1 of the Criminal Code of 1961 or arrested for
24any cause but not convicted on that cause shall be disqualified
25from taking the examination on grounds of habits or moral

 

 

SB1310 Engrossed- 537 -LRB096 09456 RLC 19613 b

1character, unless the person is attempting to qualify for a
2position on the police department, in which case the conviction
3or arrest may be considered as a factor in determining the
4person's habits or moral character.
5    (d) Persons entitled to military preference under Section
610-1-16 shall not be subject to limitations specifying age
7unless they are applicants for a position as a fireman or a
8policeman having no previous employment status as a fireman or
9policeman in the regularly constituted fire or police
10department of the municipality, in which case they must not
11have attained their 35th birthday, except any person who has
12served as an auxiliary police officer under Section 3.1-30-20
13for at least 5 years and is under 40 years of age.
14    (e) All employees of a municipality of less than 500,000
15population (except those who would be excluded from the
16classified service as provided in this Division 1) who are
17holding that employment as of the date a municipality adopts
18this Division 1, or as of July 17, 1959, whichever date is the
19later, and who have held that employment for at least 2 years
20immediately before that later date, and all firemen and
21policemen regardless of length of service who were either
22appointed to their respective positions by the board of fire
23and police commissioners under the provisions of Division 2 of
24this Article or who are serving in a position (except as a
25temporary employee) in the fire or police department in the
26municipality on the date a municipality adopts this Division 1,

 

 

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1or as of July 17, 1959, whichever date is the later, shall
2become members of the classified civil service of the
3municipality without examination.
4    (f) The examinations shall be practical in their character,
5and shall relate to those matters that will fairly test the
6relative capacity of the persons examined to discharge the
7duties of the positions to which they seek to be appointed. The
8examinations shall include tests of physical qualifications,
9health, and (when appropriate) manual skill. If an applicant is
10unable to pass the physical examination solely as the result of
11an injury received by the applicant as the result of the
12performance of an act of duty while working as a temporary
13employee in the position for which he or she is being examined,
14however, the physical examination shall be waived and the
15applicant shall be considered to have passed the examination.
16No questions in any examination shall relate to political or
17religious opinions or affiliations. Results of examinations
18and the eligible registers prepared from the results shall be
19published by the commission within 60 days after any
20examinations are held.
21    (g) The commission shall control all examinations, and may,
22whenever an examination is to take place, designate a suitable
23number of persons, either in or not in the official service of
24the municipality, to be examiners. The examiners shall conduct
25the examinations as directed by the commission and shall make a
26return or report of the examinations to the commission. If the

 

 

SB1310 Engrossed- 539 -LRB096 09456 RLC 19613 b

1appointed examiners are in the official service of the
2municipality, the examiners shall not receive extra
3compensation for conducting the examinations. The commission
4may at any time substitute any other person, whether or not in
5the service of the municipality, in the place of any one
6selected as an examiner. The commission members may themselves
7at any time act as examiners without appointing examiners. The
8examiners at any examination shall not all be members of the
9same political party.
10    (h) In municipalities of 500,000 or more population, no
11person who has attained his or her 35th birthday shall be
12eligible to take an examination for a position as a fireman or
13a policeman unless the person has had previous employment
14status as a policeman or fireman in the regularly constituted
15police or fire department of the municipality, except as
16provided in this Section.
17    (i) In municipalities of more than 5,000 but not more than
18200,000 inhabitants, no person who has attained his or her 35th
19birthday shall be eligible to take an examination for a
20position as a fireman or a policeman unless the person has had
21previous employment status as a policeman or fireman in the
22regularly constituted police or fire department of the
23municipality, except as provided in this Section.
24    (j) In all municipalities, applicants who are 20 years of
25age and who have successfully completed 2 years of law
26enforcement studies at an accredited college or university may

 

 

SB1310 Engrossed- 540 -LRB096 09456 RLC 19613 b

1be considered for appointment to active duty with the police
2department. An applicant described in this subsection (j) who
3is appointed to active duty shall not have power of arrest, nor
4shall the applicant be permitted to carry firearms, until he or
5she reaches 21 years of age.
6    (k) In municipalities of more than 500,000 population,
7applications for examination for and appointment to positions
8as firefighters or police shall be made available at various
9branches of the public library of the municipality.
10    (l) No municipality having a population less than 1,000,000
11shall require that any fireman appointed to the lowest rank
12serve a probationary employment period of longer than one year.
13The limitation on periods of probationary employment provided
14in this amendatory Act of 1989 is an exclusive power and
15function of the State. Pursuant to subsection (h) of Section 6
16of Article VII of the Illinois Constitution, a home rule
17municipality having a population less than 1,000,000 must
18comply with this limitation on periods of probationary
19employment, which is a denial and limitation of home rule
20powers. Notwithstanding anything to the contrary in this
21Section, the probationary employment period limitation may be
22extended for a firefighter who is required, as a condition of
23employment, to be a certified paramedic, during which time the
24sole reason that a firefighter may be discharged without a
25hearing is for failing to meet the requirements for paramedic
26certification.

 

 

SB1310 Engrossed- 541 -LRB096 09456 RLC 19613 b

1(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
 
2    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
3    Sec. 10-2.1-6. Examination of applicants;
4disqualifications.
5    (a) All applicants for a position in either the fire or
6police department of the municipality shall be under 35 years
7of age, shall be subject to an examination that shall be
8public, competitive, and open to all applicants (unless the
9council or board of trustees by ordinance limit applicants to
10electors of the municipality, county, state or nation) and
11shall be subject to reasonable limitations as to residence,
12health, habits, and moral character. The municipality may not
13charge or collect any fee from an applicant who has met all
14prequalification standards established by the municipality for
15any such position. With respect to a police department, a
16veteran shall be allowed to exceed the maximum age provision of
17this Section by the number of years served on active military
18duty, but by no more than 10 years of active military duty.
19    (b) Residency requirements in effect at the time an
20individual enters the fire or police service of a municipality
21(other than a municipality that has more than 1,000,000
22inhabitants) cannot be made more restrictive for that
23individual during his period of service for that municipality,
24or be made a condition of promotion, except for the rank or
25position of Fire or Police Chief.

 

 

SB1310 Engrossed- 542 -LRB096 09456 RLC 19613 b

1    (c) No person with a record of misdemeanor convictions
2except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
311-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
414-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
531-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
6(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
7of Section 24-1 of the Criminal Code of 1961 or arrested for
8any cause but not convicted on that cause shall be disqualified
9from taking the examination to qualify for a position in the
10fire department on grounds of habits or moral character.
11    (d) The age limitation in subsection (a) does not apply (i)
12to any person previously employed as a policeman or fireman in
13a regularly constituted police or fire department of (I) any
14municipality, regardless of whether the municipality is
15located in Illinois or in another state, or (II) a fire
16protection district whose obligations were assumed by a
17municipality under Section 21 of the Fire Protection District
18Act, (ii) to any person who has served a municipality as a
19regularly enrolled volunteer fireman for 5 years immediately
20preceding the time that municipality begins to use full time
21firemen to provide all or part of its fire protection service,
22or (iii) to any person who has served as an auxiliary police
23officer under Section 3.1-30-20 for at least 5 years and is
24under 40 years of age, (iv) to any person who has served as a
25deputy under Section 3-6008 of the Counties Code and otherwise
26meets necessary training requirements, or (v) to any person who

 

 

SB1310 Engrossed- 543 -LRB096 09456 RLC 19613 b

1has served as a sworn officer as a member of the Illinois
2Department of State Police.
3    (e) Applicants who are 20 years of age and who have
4successfully completed 2 years of law enforcement studies at an
5accredited college or university may be considered for
6appointment to active duty with the police department. An
7applicant described in this subsection (e) who is appointed to
8active duty shall not have power of arrest, nor shall the
9applicant be permitted to carry firearms, until he or she
10reaches 21 years of age.
11    (f) Applicants who are 18 years of age and who have
12successfully completed 2 years of study in fire techniques,
13amounting to a total of 4 high school credits, within the cadet
14program of a municipality may be considered for appointment to
15active duty with the fire department of any municipality.
16    (g) The council or board of trustees may by ordinance
17provide that persons residing outside the municipality are
18eligible to take the examination.
19    (h) The examinations shall be practical in character and
20relate to those matters that will fairly test the capacity of
21the persons examined to discharge the duties of the positions
22to which they seek appointment. No person shall be appointed to
23the police or fire department if he or she does not possess a
24high school diploma or an equivalent high school education. A
25board of fire and police commissioners may, by its rules,
26require police applicants to have obtained an associate's

 

 

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1degree or a bachelor's degree as a prerequisite for employment.
2The examinations shall include tests of physical
3qualifications and health. A board of fire and police
4commissioners may, by its rules, waive portions of the required
5examination for police applicants who have previously been
6full-time sworn officers of a regular police department in any
7municipal, county, university, or State law enforcement
8agency, provided they are certified by the Illinois Law
9Enforcement Training Standards Board and have been with their
10respective law enforcement agency within the State for at least
112 years. No person shall be appointed to the police or fire
12department if he or she has suffered the amputation of any limb
13unless the applicant's duties will be only clerical or as a
14radio operator. No applicant shall be examined concerning his
15or her political or religious opinions or affiliations. The
16examinations shall be conducted by the board of fire and police
17commissioners of the municipality as provided in this Division
182.1.
19    (i) No person who is classified by his local selective
20service draft board as a conscientious objector, or who has
21ever been so classified, may be appointed to the police
22department.
23    (j) No person shall be appointed to the police or fire
24department unless he or she is a person of good character and
25not an habitual drunkard, gambler, or a person who has been
26convicted of a felony or a crime involving moral turpitude. No

 

 

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1person, however, shall be disqualified from appointment to the
2fire department because of his or her record of misdemeanor
3convictions except those under Sections 11-1.50, 11-6, 11-7,
411-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
512-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
631-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
7subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
8subsections (1), (6) and (8) of Section 24-1 of the Criminal
9Code of 1961 or arrest for any cause without conviction on that
10cause. Any such person who is in the department may be removed
11on charges brought and after a trial as provided in this
12Division 2.1.
13(Source: P.A. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472,
14eff. 8-14-09.)
 
15    Section 945. The Fire Protection District Act is amended by
16changing Section 16.06 as follows:
 
17    (70 ILCS 705/16.06)  (from Ch. 127 1/2, par. 37.06)
18    Sec. 16.06. Eligibility for positions in fire department;
19disqualifications.
20    (a) All applicants for a position in the fire department of
21the fire protection district shall be under 35 years of age and
22shall be subjected to examination, which shall be public,
23competitive, and free to all applicants, subject to reasonable
24limitations as to health, habits, and moral character; provided

 

 

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1that the foregoing age limitation shall not apply in the case
2of any person having previous employment status as a fireman in
3a regularly constituted fire department of any fire protection
4district, and further provided that each fireman or fire chief
5who is a member in good standing in a regularly constituted
6fire department of any municipality which shall be or shall
7have subsequently been included within the boundaries of any
8fire protection district now or hereafter organized shall be
9given a preference for original appointment in the same class,
10grade or employment over all other applicants. The examinations
11shall be practical in their character and shall relate to those
12matters which will fairly test the persons examined as to their
13relative capacity to discharge the duties of the positions to
14which they seek appointment. The examinations shall include
15tests of physical qualifications and health. No applicant,
16however, shall be examined concerning his political or
17religious opinions or affiliations. The examinations shall be
18conducted by the board of fire commissioners.
19    In any fire protection district that employs full-time
20firefighters and is subject to a collective bargaining
21agreement, a person who has not qualified for regular
22appointment under the provisions of this Section shall not be
23used as a temporary or permanent substitute for certificated
24members of a fire district's fire department or for regular
25appointment as a certificated member of a fire district's fire
26department unless mutually agreed to by the employee's

 

 

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1certified bargaining agent. Such agreement shall be considered
2a permissive subject of bargaining. Fire protection districts
3covered by the changes made by this amendatory Act of the 95th
4General Assembly that are using non-certificated employees as
5substitutes immediately prior to the effective date of this
6amendatory Act of the 95th General Assembly may, by mutual
7agreement with the certified bargaining agent, continue the
8existing practice or a modified practice and that agreement
9shall be considered a permissive subject of bargaining.
10    (b) No person shall be appointed to the fire department
11unless he or she is a person of good character and not a person
12who has been convicted of a felony in Illinois or convicted in
13another jurisdiction for conduct that would be a felony under
14Illinois law, or convicted of a crime involving moral
15turpitude. No person, however, shall be disqualified from
16appointment to the fire department because of his or her record
17of misdemeanor convictions, except those under Sections
1811-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
1911-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
2024-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
2132-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
2211-14.3, and subsections (1), (6), and (8) of Section 24-1 of
23the Criminal Code of 1961.
24(Source: P.A. 95-490, eff. 6-1-08.)
 
25    Section 950. The Park District Code is amended by changing

 

 

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1Section 8-23 as follows:
 
2    (70 ILCS 1205/8-23)
3    Sec. 8-23. Criminal background investigations.
4    (a) An applicant for employment with a park district is
5required as a condition of employment to authorize an
6investigation to determine if the applicant has been convicted
7of any of the enumerated criminal or drug offenses in
8subsection (c) of this Section or has been convicted, within 7
9years of the application for employment with the park district,
10of any other felony under the laws of this State or of any
11offense committed or attempted in any other state or against
12the laws of the United States that, if committed or attempted
13in this State, would have been punishable as a felony under the
14laws of this State. Authorization for the investigation shall
15be furnished by the applicant to the park district. Upon
16receipt of this authorization, the park district shall submit
17the applicant's name, sex, race, date of birth, and social
18security number to the Department of State Police on forms
19prescribed by the Department of State Police. The Department of
20State Police shall conduct a search of the Illinois criminal
21history records database to ascertain if the applicant being
22considered for employment has been convicted of committing or
23attempting to commit any of the enumerated criminal or drug
24offenses in subsection (c) of this Section or has been
25convicted of committing or attempting to commit, within 7 years

 

 

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1of the application for employment with the park district, any
2other felony under the laws of this State. The Department of
3State Police shall charge the park district a fee for
4conducting the investigation, which fee shall be deposited in
5the State Police Services Fund and shall not exceed the cost of
6the inquiry. The applicant shall not be charged a fee by the
7park district for the investigation.
8    (b) If the search of the Illinois criminal history record
9database indicates that the applicant has been convicted of
10committing or attempting to commit any of the enumerated
11criminal or drug offenses in subsection (c) or has been
12convicted of committing or attempting to commit, within 7 years
13of the application for employment with the park district, any
14other felony under the laws of this State, the Department of
15State Police and the Federal Bureau of Investigation shall
16furnish, pursuant to a fingerprint based background check,
17records of convictions, until expunged, to the president of the
18park district. Any information concerning the record of
19convictions obtained by the president shall be confidential and
20may only be transmitted to those persons who are necessary to
21the decision on whether to hire the applicant for employment. A
22copy of the record of convictions obtained from the Department
23of State Police shall be provided to the applicant for
24employment. Any person who releases any confidential
25information concerning any criminal convictions of an
26applicant for employment shall be guilty of a Class A

 

 

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1misdemeanor, unless the release of such information is
2authorized by this Section.
3    (c) No park district shall knowingly employ a person who
4has been convicted for committing attempted first degree murder
5or for committing or attempting to commit first degree murder,
6a Class X felony, or any one or more of the following offenses:
7(i) those defined in Sections 11-1.20, 11-1.30, 11-1.40,
811-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15,
911-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
1011-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 12-13, 12-14,
1112-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
12those defined in the Cannabis Control Act, except those defined
13in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
14defined in the Illinois Controlled Substances Act; (iv) those
15defined in the Methamphetamine Control and Community
16Protection Act; and (v) any offense committed or attempted in
17any other state or against the laws of the United States,
18which, if committed or attempted in this State, would have been
19punishable as one or more of the foregoing offenses. Further,
20no park district shall knowingly employ a person who has been
21found to be the perpetrator of sexual or physical abuse of any
22minor under 18 years of age pursuant to proceedings under
23Article II of the Juvenile Court Act of 1987. No park district
24shall knowingly employ a person for whom a criminal background
25investigation has not been initiated.
26(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 

 

 

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1    Section 955. The Chicago Park District Act is amended by
2changing Section 16a-5 as follows:
 
3    (70 ILCS 1505/16a-5)
4    Sec. 16a-5. Criminal background investigations.
5    (a) An applicant for employment with the Chicago Park
6District is required as a condition of employment to authorize
7an investigation to determine if the applicant has been
8convicted of any of the enumerated criminal or drug offenses in
9subsection (c) of this Section or has been convicted, within 7
10years of the application for employment with the Chicago Park
11District, of any other felony under the laws of this State or
12of any offense committed or attempted in any other state or
13against the laws of the United States that, if committed or
14attempted in this State, would have been punishable as a felony
15under the laws of this State. Authorization for the
16investigation shall be furnished by the applicant to the
17Chicago Park District. Upon receipt of this authorization, the
18Chicago Park District shall submit the applicant's name, sex,
19race, date of birth, and social security number to the
20Department of State Police on forms prescribed by the
21Department of State Police. The Department of State Police
22shall conduct a search of the Illinois criminal history record
23information database to ascertain if the applicant being
24considered for employment has been convicted of committing or

 

 

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1attempting to commit any of the enumerated criminal or drug
2offenses in subsection (c) of this Section or has been
3convicted, of committing or attempting to commit within 7 years
4of the application for employment with the Chicago Park
5District, any other felony under the laws of this State. The
6Department of State Police shall charge the Chicago Park
7District a fee for conducting the investigation, which fee
8shall be deposited in the State Police Services Fund and shall
9not exceed the cost of the inquiry. The applicant shall not be
10charged a fee by the Chicago Park District for the
11investigation.
12    (b) If the search of the Illinois criminal history record
13database indicates that the applicant has been convicted of
14committing or attempting to commit any of the enumerated
15criminal or drug offenses in subsection (c) or has been
16convicted of committing or attempting to commit, within 7 years
17of the application for employment with the Chicago Park
18District, any other felony under the laws of this State, the
19Department of State Police and the Federal Bureau of
20Investigation shall furnish, pursuant to a fingerprint based
21background check, records of convictions, until expunged, to
22the General Superintendent and Chief Executive Officer of the
23Chicago Park District. Any information concerning the record of
24convictions obtained by the General Superintendent and Chief
25Executive Officer shall be confidential and may only be
26transmitted to those persons who are necessary to the decision

 

 

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1on whether to hire the applicant for employment. A copy of the
2record of convictions obtained from the Department of State
3Police shall be provided to the applicant for employment. Any
4person who releases any confidential information concerning
5any criminal convictions of an applicant for employment shall
6be guilty of a Class A misdemeanor, unless the release of such
7information is authorized by this Section.
8    (c) The Chicago Park District may not knowingly employ a
9person who has been convicted for committing attempted first
10degree murder or for committing or attempting to commit first
11degree murder, a Class X felony, or any one or more of the
12following offenses: (i) those defined in Sections 11-1.20,
1311-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14,
1411-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
1511-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21,
1611-30, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
17Code of 1961; (ii) those defined in the Cannabis Control Act,
18except those defined in Sections 4(a), 4(b), and 5(a) of that
19Act; (iii) those defined in the Illinois Controlled Substances
20Act; (iv) those defined in the Methamphetamine Control and
21Community Protection Act; and (v) any offense committed or
22attempted in any other state or against the laws of the United
23States, which, if committed or attempted in this State, would
24have been punishable as one or more of the foregoing offenses.
25Further, the Chicago Park District may not knowingly employ a
26person who has been found to be the perpetrator of sexual or

 

 

SB1310 Engrossed- 554 -LRB096 09456 RLC 19613 b

1physical abuse of any minor under 18 years of age pursuant to
2proceedings under Article II of the Juvenile Court Act of 1987.
3The Chicago Park District may not knowingly employ a person for
4whom a criminal background investigation has not been
5initiated.
6(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
7    Section 960. The Metropolitan Transit Authority Act is
8amended by changing Section 28b as follows:
 
9    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
10    Sec. 28b. Any person applying for a position as a driver of
11a vehicle owned by a private carrier company which provides
12public transportation pursuant to an agreement with the
13Authority shall be required to authorize an investigation by
14the private carrier company to determine if the applicant has
15been convicted of any of the following offenses: (i) those
16offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1710-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1811-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1911-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2011-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
2112-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
2212-16, 12-16.1, 18-1, 18-2, 20-1, 20-1.1, 31A-1, 31A-1.1, and
2333A-2, and in subsection (a) and subsection (b), clause (1), of
24Section 12-4 of the Criminal Code of 1961; (ii) those offenses

 

 

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1defined in the Cannabis Control Act except those offenses
2defined in subsections (a) and (b) of Section 4, and subsection
3(a) of Section 5 of the Cannabis Control Act (iii) those
4offenses defined in the Illinois Controlled Substances Act;
5(iv) those offenses defined in the Methamphetamine Control and
6Community Protection Act; and (v) any offense committed or
7attempted in any other state or against the laws of the United
8States, which if committed or attempted in this State would be
9punishable as one or more of the foregoing offenses. Upon
10receipt of this authorization, the private carrier company
11shall submit the applicant's name, sex, race, date of birth,
12fingerprints and social security number to the Department of
13State Police on forms prescribed by the Department. The
14Department of State Police shall conduct an investigation to
15ascertain if the applicant has been convicted of any of the
16above enumerated offenses. The Department shall charge the
17private carrier company a fee for conducting the investigation,
18which fee shall be deposited in the State Police Services Fund
19and shall not exceed the cost of the inquiry; and the applicant
20shall not be charged a fee for such investigation by the
21private carrier company. The Department of State Police shall
22furnish, pursuant to positive identification, records of
23convictions, until expunged, to the private carrier company
24which requested the investigation. A copy of the record of
25convictions obtained from the Department shall be provided to
26the applicant. Any record of conviction received by the private

 

 

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1carrier company shall be confidential. Any person who releases
2any confidential information concerning any criminal
3convictions of an applicant shall be guilty of a Class A
4misdemeanor, unless authorized by this Section.
5(Source: P.A. 94-556, eff. 9-11-05.)
 
6    Section 965. The School Code is amended by changing
7Sections 2-3.147, 10-22.39, 21-23a, 34-2.1, and 34-84b as
8follows:
 
9    (105 ILCS 5/2-3.147)
10    Sec. 2-3.147. The Ensuring Success in School Task Force.
11    (a) In this Section:
12    "Domestic violence" means abuse by a family or household
13member, as "abuse" and "family or household members" are
14defined in Section 103 of the Illinois Domestic Violence Act of
151986.
16    "Sexual violence" means sexual assault, abuse, or stalking
17of an adult or minor child proscribed in the Criminal Code of
181961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1912-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15,
20and 12-16, including sexual violence committed by perpetrators
21who are strangers to the victim and sexual violence committed
22by perpetrators who are known or related by blood or marriage
23to the victim.
24    (b) The State Board of Education shall convene an Ensuring

 

 

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1Success in School Task Force to develop policies, procedures,
2and protocols to be adopted by school districts for addressing
3the educational and related needs of children and youth who are
4parents, expectant parents, or victims of domestic or sexual
5violence to ensure their ability to stay in school, stay safe
6while in school, and successfully complete their education. The
7State Board of Education shall be the agency responsible for
8providing staff and administrative support to the task force.
9    (c) The Ensuring Success in School Task Force shall do all
10of the following:
11        (1) Conduct a thorough examination of the barriers to
12    school attendance, safety, and completion for children and
13    youth who are parents, expectant parents, or victims of
14    domestic or sexual violence.
15        (2) Conduct a discovery process that includes relevant
16    research and the identification of effective policies,
17    protocols, and programs within this State and elsewhere.
18        (3) Conduct meetings and public hearings in
19    geographically diverse locations throughout the State to
20    ensure the maximum input from area advocates and service
21    providers, from local education agencies, and from
22    children and youth who are parents, expectant parents, or
23    victims of domestic or sexual violence and their parents or
24    guardians.
25        (4) Establish and adhere to procedures and protocols to
26    allow children and youth who are parents, expectant

 

 

SB1310 Engrossed- 558 -LRB096 09456 RLC 19613 b

1    parents, or victims of domestic or sexual violence, their
2    parents or guardians, and advocates who work on behalf of
3    such children and youth to participate in the task force
4    anonymously and confidentially.
5        (5) Invite the testimony of and confer with experts on
6    relevant topics.
7        (6) Produce a report of the task force's findings on
8    best practices and policies, which shall include a plan
9    with a phased and prioritized implementation timetable
10    with focus on ensuring the successful and safe completion
11    of school for children and youth who are parents, expectant
12    parents, or victims of domestic or sexual violence. The
13    task force shall submit a report to the General Assembly on
14    or before December 1, 2009 on its findings,
15    recommendations, and implementation plan. Any task force
16    reports shall be published on the State Board of
17    Education's Internet website on the date the report is
18    delivered to the General Assembly.
19        (7) Recommend new legislation or proposed rules
20    developed by the task force.
21    (d) The President of the Senate and the Speaker of the
22House of Representatives shall each appoint one co-chairperson
23of the Ensuring Success in School Task Force. In addition to
24the 2 co-chairpersons, the task force shall be comprised of
25each of the following members, appointed by the State Board of
26Education, and shall be representative of the geographic,

 

 

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1racial, ethnic, and cultural diversity of this State:
2        (1) A representative of a statewide nonprofit,
3    nongovernmental domestic violence organization.
4        (2) A domestic violence victims' advocate or service
5    provider from a different nonprofit, nongovernmental
6    domestic violence organization.
7        (3) A representative of a statewide nonprofit,
8    nongovernmental sexual assault organization.
9        (4) A sexual assault victims' advocate or service
10    provider from a different nonprofit, nongovernmental
11    sexual assault organization.
12        (5) A teen parent advocate or service provider from a
13    nonprofit, nongovernmental organization.
14        (6) A school social worker.
15        (7) A school psychologist.
16        (8) A school counselor.
17        (9) A representative of a statewide professional
18    teachers' organization.
19        (10) A representative of a different statewide
20    professional teachers' organization.
21        (11) A representative of a statewide organization that
22    represents school boards.
23        (12) A representative of a statewide organization
24    representing principals.
25        (13) A representative of City of Chicago School
26    District 299.

 

 

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1        (14) A representative of a nonprofit, nongovernmental
2    youth services provider.
3        (15) A representative of a statewide nonprofit,
4    nongovernmental multi-issue advocacy organization with
5    expertise in a cross-section of relevant issues.
6        (16) An alternative education service provider.
7        (17) A representative from a regional office of
8    education.
9        (18) A truancy intervention services provider.
10        (19) A youth who is a parent or expectant parent
11    directly affected by the issues, problems, and concerns of
12    staying in school and successfully completing his or her
13    education through high school.
14        (20) A youth who is a victim of domestic or sexual
15    violence directly affected by the issues, problems, and
16    concerns of staying in school and successfully completing
17    his or her education.
18        (21) A parent or guardian of a child or youth who is a
19    parent or expectant parent directly affected by the issues,
20    problems, and concerns of staying in school and
21    successfully completing his or her education.
22        (22) A parent or guardian of a child or youth who is a
23    victim of domestic or sexual violence directly affected by
24    the issues, problems, and concerns of staying in school and
25    successfully completing his or her education.
26The task force shall also consist of one member appointed by

 

 

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1the Minority Leader of the Senate, one member appointed by the
2Minority Leader of the House of Representatives, the State
3Superintendent of Education, the Secretary of Human Services,
4the Director of Healthcare and Family Services, the Director of
5Children and Family Services, and the Director of Public Health
6or their designees.
7    (e) Members of the Ensuring Success in School Task Force
8shall receive no compensation for their participation, but may
9be reimbursed by the State Board of Education for expenses in
10connection with their participation, including travel, if
11funds are available. However, members of the task force who are
12youth who are parents, expectant parents, or victims of
13domestic or sexual violence and the parents or guardians of
14such youth shall be reimbursed for their travel expenses
15connected to their participation in the task force.
16(Source: P.A. 95-558, eff. 8-30-07; 95-876, eff. 8-21-08;
1796-364, eff. 8-13-09.)
 
18    (105 ILCS 5/10-22.39)
19    Sec. 10-22.39. In-service training programs.
20    (a) To conduct in-service training programs for teachers.
21    (b) In addition to other topics at in-service training
22programs, school guidance counselors, teachers, school social
23workers, and other school personnel who work with pupils in
24grades 7 through 12 shall be trained to identify the warning
25signs of suicidal behavior in adolescents and teens and shall

 

 

SB1310 Engrossed- 562 -LRB096 09456 RLC 19613 b

1be taught appropriate intervention and referral techniques.
2    (c) School guidance counselors, nurses, teachers and other
3school personnel who work with pupils may be trained to have a
4basic knowledge of matters relating to acquired
5immunodeficiency syndrome (AIDS), including the nature of the
6disease, its causes and effects, the means of detecting it and
7preventing its transmission, and the availability of
8appropriate sources of counseling and referral, and any other
9information that may be appropriate considering the age and
10grade level of such pupils. The School Board shall supervise
11such training. The State Board of Education and the Department
12of Public Health shall jointly develop standards for such
13training.
14    (d) In this subsection (d):
15    "Domestic violence" means abuse by a family or household
16member, as "abuse" and "family or household members" are
17defined in Section 103 of the Illinois Domestic Violence Act of
181986.
19    "Sexual violence" means sexual assault, abuse, or stalking
20of an adult or minor child proscribed in the Criminal Code of
211961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2212-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15,
23and 12-16, including sexual violence committed by perpetrators
24who are strangers to the victim and sexual violence committed
25by perpetrators who are known or related by blood or marriage
26to the victim.

 

 

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1    At least once every 2 years, an in-service training program
2for school personnel who work with pupils, including, but not
3limited to, school and school district administrators,
4teachers, school guidance counselors, school social workers,
5school counselors, school psychologists, and school nurses,
6must be conducted by persons with expertise in domestic and
7sexual violence and the needs of expectant and parenting youth
8and shall include training concerning (i) communicating with
9and listening to youth victims of domestic or sexual violence
10and expectant and parenting youth, (ii) connecting youth
11victims of domestic or sexual violence and expectant and
12parenting youth to appropriate in-school services and other
13agencies, programs, and services as needed, and (iii)
14implementing the school district's policies, procedures, and
15protocols with regard to such youth, including
16confidentiality. At a minimum, school personnel must be trained
17to understand, provide information and referrals, and address
18issues pertaining to youth who are parents, expectant parents,
19or victims of domestic or sexual violence.
20    (e) At least every 2 years, an in-service training program
21for school personnel who work with pupils must be conducted by
22persons with expertise in anaphylactic reactions and
23management.
24    (f) At least once every 2 years, a school board shall
25conduct in-service training on educator ethics,
26teacher-student conduct, and school employee-student conduct

 

 

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1for all personnel.
2(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09;
396-431, eff. 8-13-09; 96-951, eff. 6-28-10; 96-1000, eff.
47-2-10.)
 
5    (105 ILCS 5/21-23a)  (from Ch. 122, par. 21-23a)
6    Sec. 21-23a. Conviction of certain offenses as grounds for
7revocation of certificate.
8    (a) Whenever the holder of any certificate issued pursuant
9to this Article has been convicted of any sex offense or
10narcotics offense as defined in this Section, the State
11Superintendent of Education shall forthwith suspend the
12certificate. If the conviction is reversed and the holder is
13acquitted of the offense in a new trial or the charges against
14him are dismissed, the suspending authority shall forthwith
15terminate the suspension of the certificate. When the
16conviction becomes final, the State Superintendent of
17Education shall forthwith revoke the certificate. "Sex
18offense" as used in this Section means any one or more of the
19following offenses: (1) any offense defined in Sections 11-6,
20and 11-9 through 11-9.5, inclusive, and 11-30, Sections 11-14
21through 11-21, inclusive, Sections 11-23 (if punished as a
22Class 3 felony), 11-24, 11-25, and 11-26, and Sections 11-1.20,
2311-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
2412-14.1, 12-15, 12-16, 12-32, and 12-33 of the Criminal Code of
251961; (2) any attempt to commit any of the foregoing offenses,

 

 

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1and (3) any offense committed or attempted in any other state
2which, if committed or attempted in this State, would have been
3punishable as one or more of the foregoing offenses. "Narcotics
4offense" as used in this Section means any one or more of the
5following offenses: (1) any offense defined in the Cannabis
6Control Act, except those defined in Sections 4(a), 4(b) and
75(a) of that Act and any offense for which the holder of any
8certificate is placed on probation under the provisions of
9Section 10 of that Act, provided that if the terms and
10conditions of probation required by the court are not
11fulfilled, the offense is not eligible for this exception; (2)
12any offense defined in the Illinois Controlled Substances Act,
13except any offense for which the holder of any certificate is
14placed on probation under the provisions of Section 410 of that
15Act, provided that if the terms and conditions of probation
16required by the court are not fulfilled, the offense is not
17eligible for this exception; (3) any offense defined in the
18Methamphetamine Control and Community Protection Act, except
19any offense for which the holder of any certificate is placed
20on probation under the provision of Section 70 of that Act,
21provided that if the terms and conditions of probation required
22by the court are not fulfilled, the offense is not eligible for
23this exception; (4) any attempt to commit any of the foregoing
24offenses; and (5) any offense committed or attempted in any
25other state or against the laws of the United States which, if
26committed or attempted in this State, would have been

 

 

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1punishable as one or more of the foregoing offenses. The
2changes made by this amendatory Act of the 96th General
3Assembly to the definition of "narcotics offense" in this
4subsection (a) are declaratory of existing law.
5    (b) Whenever the holder of a certificate issued pursuant to
6this Article has been convicted of first degree murder,
7attempted first degree murder, conspiracy to commit first
8degree murder, attempted conspiracy to commit first degree
9murder, or a Class X felony or any offense committed or
10attempted in any other state or against the laws of the United
11States that, if committed or attempted in this State, would
12have been punishable as one or more of the foregoing offenses,
13the State Superintendent of Education shall forthwith suspend
14the certificate. If the conviction is reversed and the holder
15is acquitted of that offense in a new trial or the charges that
16he or she committed that offense are dismissed, the State
17Superintendent of Education shall forthwith terminate the
18suspension of the certificate. When the conviction becomes
19final, the State Superintendent of Education shall forthwith
20revoke the certificate.
21(Source: P.A. 96-431, eff. 8-13-09.)
 
22    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
23    Sec. 34-2.1. Local School Councils - Composition -
24Voter-Eligibility - Elections - Terms.
25    (a) A local school council shall be established for each

 

 

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1attendance center within the school district. Each local school
2council shall consist of the following 12 voting members: the
3principal of the attendance center, 2 teachers employed and
4assigned to perform the majority of their employment duties at
5the attendance center, 6 parents of students currently enrolled
6at the attendance center, one employee of the school district
7employed and assigned to perform the majority of his or her
8employment duties at the attendance center who is not a
9teacher, and 2 community residents. Neither the parents nor the
10community residents who serve as members of the local school
11council shall be employees of the Board of Education. In each
12secondary attendance center, the local school council shall
13consist of 13 voting members -- the 12 voting members described
14above and one full-time student member, appointed as provided
15in subsection (m) below. In the event that the chief executive
16officer of the Chicago School Reform Board of Trustees
17determines that a local school council is not carrying out its
18financial duties effectively, the chief executive officer is
19authorized to appoint a representative of the business
20community with experience in finance and management to serve as
21an advisor to the local school council for the purpose of
22providing advice and assistance to the local school council on
23fiscal matters. The advisor shall have access to relevant
24financial records of the local school council. The advisor may
25attend executive sessions. The chief executive officer shall
26issue a written policy defining the circumstances under which a

 

 

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1local school council is not carrying out its financial duties
2effectively.
3    (b) Within 7 days of January 11, 1991, the Mayor shall
4appoint the members and officers (a Chairperson who shall be a
5parent member and a Secretary) of each local school council who
6shall hold their offices until their successors shall be
7elected and qualified. Members so appointed shall have all the
8powers and duties of local school councils as set forth in this
9amendatory Act of 1991. The Mayor's appointments shall not
10require approval by the City Council.
11    The membership of each local school council shall be
12encouraged to be reflective of the racial and ethnic
13composition of the student population of the attendance center
14served by the local school council.
15    (c) Beginning with the 1995-1996 school year and in every
16even-numbered year thereafter, the Board shall set second
17semester Parent Report Card Pick-up Day for Local School
18Council elections and may schedule elections at year-round
19schools for the same dates as the remainder of the school
20system. Elections shall be conducted as provided herein by the
21Board of Education in consultation with the local school
22council at each attendance center.
23    (d) Beginning with the 1995-96 school year, the following
24procedures shall apply to the election of local school council
25members at each attendance center:
26        (i) The elected members of each local school council

 

 

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1    shall consist of the 6 parent members and the 2 community
2    resident members.
3        (ii) Each elected member shall be elected by the
4    eligible voters of that attendance center to serve for a
5    two-year term commencing on July 1 immediately following
6    the election described in subsection (c). Eligible voters
7    for each attendance center shall consist of the parents and
8    community residents for that attendance center.
9        (iii) Each eligible voter shall be entitled to cast one
10    vote for up to a total of 5 candidates, irrespective of
11    whether such candidates are parent or community resident
12    candidates.
13        (iv) Each parent voter shall be entitled to vote in the
14    local school council election at each attendance center in
15    which he or she has a child currently enrolled. Each
16    community resident voter shall be entitled to vote in the
17    local school council election at each attendance center for
18    which he or she resides in the applicable attendance area
19    or voting district, as the case may be.
20        (v) Each eligible voter shall be entitled to vote once,
21    but not more than once, in the local school council
22    election at each attendance center at which the voter is
23    eligible to vote.
24        (vi) The 2 teacher members and the non-teacher employee
25    member of each local school council shall be appointed as
26    provided in subsection (l) below each to serve for a

 

 

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1    two-year term coinciding with that of the elected parent
2    and community resident members.
3        (vii) At secondary attendance centers, the voting
4    student member shall be appointed as provided in subsection
5    (m) below to serve for a one-year term coinciding with the
6    beginning of the terms of the elected parent and community
7    members of the local school council.
8    (e) The Council shall publicize the date and place of the
9election by posting notices at the attendance center, in public
10places within the attendance boundaries of the attendance
11center and by distributing notices to the pupils at the
12attendance center, and shall utilize such other means as it
13deems necessary to maximize the involvement of all eligible
14voters.
15    (f) Nomination. The Council shall publicize the opening of
16nominations by posting notices at the attendance center, in
17public places within the attendance boundaries of the
18attendance center and by distributing notices to the pupils at
19the attendance center, and shall utilize such other means as it
20deems necessary to maximize the involvement of all eligible
21voters. Not less than 2 weeks before the election date, persons
22eligible to run for the Council shall submit their name, date
23of birth, social security number, if available, and some
24evidence of eligibility to the Council. The Council shall
25encourage nomination of candidates reflecting the
26racial/ethnic population of the students at the attendance

 

 

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1center. Each person nominated who runs as a candidate shall
2disclose, in a manner determined by the Board, any economic
3interest held by such person, by such person's spouse or
4children, or by each business entity in which such person has
5an ownership interest, in any contract with the Board, any
6local school council or any public school in the school
7district. Each person nominated who runs as a candidate shall
8also disclose, in a manner determined by the Board, if he or
9she ever has been convicted of any of the offenses specified in
10subsection (c) of Section 34-18.5; provided that neither this
11provision nor any other provision of this Section shall be
12deemed to require the disclosure of any information that is
13contained in any law enforcement record or juvenile court
14record that is confidential or whose accessibility or
15disclosure is restricted or prohibited under Section 5-901 or
165-905 of the Juvenile Court Act of 1987. Failure to make such
17disclosure shall render a person ineligible for election or to
18serve on the local school council. The same disclosure shall be
19required of persons under consideration for appointment to the
20Council pursuant to subsections (l) and (m) of this Section.
21    (f-5) Notwithstanding disclosure, a person who has been
22convicted of any of the following offenses at any time shall be
23ineligible for election or appointment to a local school
24council and ineligible for appointment to a local school
25council pursuant to subsections (l) and (m) of this Section:
26(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,

 

 

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111-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
211-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
312-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
4Section 11-14.3, of the Criminal Code of 1961 or (ii) any
5offense committed or attempted in any other state or against
6the laws of the United States, which, if committed or attempted
7in this State, would have been punishable as one or more of the
8foregoing offenses. Notwithstanding disclosure, a person who
9has been convicted of any of the following offenses within the
1010 years previous to the date of nomination or appointment
11shall be ineligible for election or appointment to a local
12school council: (i) those defined in Section 401.1, 405.1, or
13405.2 of the Illinois Controlled Substances Act or (ii) any
14offense committed or attempted in any other state or against
15the laws of the United States, which, if committed or attempted
16in this State, would have been punishable as one or more of the
17foregoing offenses.
18    Immediately upon election or appointment, incoming local
19school council members shall be required to undergo a criminal
20background investigation, to be completed prior to the member
21taking office, in order to identify any criminal convictions
22under the offenses enumerated in Section 34-18.5. The
23investigation shall be conducted by the Department of State
24Police in the same manner as provided for in Section 34-18.5.
25However, notwithstanding Section 34-18.5, the social security
26number shall be provided only if available. If it is determined

 

 

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1at any time that a local school council member or member-elect
2has been convicted of any of the offenses enumerated in this
3Section or failed to disclose a conviction of any of the
4offenses enumerated in Section 34-18.5, the general
5superintendent shall notify the local school council member or
6member-elect of such determination and the local school council
7member or member-elect shall be removed from the local school
8council by the Board, subject to a hearing, convened pursuant
9to Board rule, prior to removal.
10    (g) At least one week before the election date, the Council
11shall publicize, in the manner provided in subsection (e), the
12names of persons nominated for election.
13    (h) Voting shall be in person by secret ballot at the
14attendance center between the hours of 6:00 a.m. and 7:00 p.m.
15    (i) Candidates receiving the highest number of votes shall
16be declared elected by the Council. In cases of a tie, the
17Council shall determine the winner by lot.
18    (j) The Council shall certify the results of the election
19and shall publish the results in the minutes of the Council.
20    (k) The general superintendent shall resolve any disputes
21concerning election procedure or results and shall ensure that,
22except as provided in subsections (e) and (g), no resources of
23any attendance center shall be used to endorse or promote any
24candidate.
25    (l) Beginning with the 1995-1996 school year and in every
26even numbered year thereafter, the Board shall appoint 2

 

 

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1teacher members to each local school council. These
2appointments shall be made in the following manner:
3        (i) The Board shall appoint 2 teachers who are employed
4    and assigned to perform the majority of their employment
5    duties at the attendance center to serve on the local
6    school council of the attendance center for a two-year term
7    coinciding with the terms of the elected parent and
8    community members of that local school council. These
9    appointments shall be made from among those teachers who
10    are nominated in accordance with subsection (f).
11        (ii) A non-binding, advisory poll to ascertain the
12    preferences of the school staff regarding appointments of
13    teachers to the local school council for that attendance
14    center shall be conducted in accordance with the procedures
15    used to elect parent and community Council
16    representatives. At such poll, each member of the school
17    staff shall be entitled to indicate his or her preference
18    for up to 2 candidates from among those who submitted
19    statements of candidacy as described above. These
20    preferences shall be advisory only and the Board shall
21    maintain absolute discretion to appoint teacher members to
22    local school councils, irrespective of the preferences
23    expressed in any such poll.
24        (iii) In the event that a teacher representative is
25    unable to perform his or her employment duties at the
26    school due to illness, disability, leave of absence,

 

 

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1    disciplinary action, or any other reason, the Board shall
2    declare a temporary vacancy and appoint a replacement
3    teacher representative to serve on the local school council
4    until such time as the teacher member originally appointed
5    pursuant to this subsection (l) resumes service at the
6    attendance center or for the remainder of the term. The
7    replacement teacher representative shall be appointed in
8    the same manner and by the same procedures as teacher
9    representatives are appointed in subdivisions (i) and (ii)
10    of this subsection (l).
11    (m) Beginning with the 1995-1996 school year, and in every
12year thereafter, the Board shall appoint one student member to
13each secondary attendance center. These appointments shall be
14made in the following manner:
15        (i) Appointments shall be made from among those
16    students who submit statements of candidacy to the
17    principal of the attendance center, such statements to be
18    submitted commencing on the first day of the twentieth week
19    of school and continuing for 2 weeks thereafter. The form
20    and manner of such candidacy statements shall be determined
21    by the Board.
22        (ii) During the twenty-second week of school in every
23    year, the principal of each attendance center shall conduct
24    a non-binding, advisory poll to ascertain the preferences
25    of the school students regarding the appointment of a
26    student to the local school council for that attendance

 

 

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1    center. At such poll, each student shall be entitled to
2    indicate his or her preference for up to one candidate from
3    among those who submitted statements of candidacy as
4    described above. The Board shall promulgate rules to ensure
5    that these non-binding, advisory polls are conducted in a
6    fair and equitable manner and maximize the involvement of
7    all school students. The preferences expressed in these
8    non-binding, advisory polls shall be transmitted by the
9    principal to the Board. However, these preferences shall be
10    advisory only and the Board shall maintain absolute
11    discretion to appoint student members to local school
12    councils, irrespective of the preferences expressed in any
13    such poll.
14        (iii) For the 1995-96 school year only, appointments
15    shall be made from among those students who submitted
16    statements of candidacy to the principal of the attendance
17    center during the first 2 weeks of the school year. The
18    principal shall communicate the results of any nonbinding,
19    advisory poll to the Board. These results shall be advisory
20    only, and the Board shall maintain absolute discretion to
21    appoint student members to local school councils,
22    irrespective of the preferences expressed in any such poll.
23    (n) The Board may promulgate such other rules and
24regulations for election procedures as may be deemed necessary
25to ensure fair elections.
26    (o) In the event that a vacancy occurs during a member's

 

 

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1term, the Council shall appoint a person eligible to serve on
2the Council, to fill the unexpired term created by the vacancy,
3except that any teacher vacancy shall be filled by the Board
4after considering the preferences of the school staff as
5ascertained through a non-binding advisory poll of school
6staff.
7    (p) If less than the specified number of persons is elected
8within each candidate category, the newly elected local school
9council shall appoint eligible persons to serve as members of
10the Council for two-year terms.
11    (q) The Board shall promulgate rules regarding conflicts of
12interest and disclosure of economic interests which shall apply
13to local school council members and which shall require reports
14or statements to be filed by Council members at regular
15intervals with the Secretary of the Board. Failure to comply
16with such rules or intentionally falsifying such reports shall
17be grounds for disqualification from local school council
18membership. A vacancy on the Council for disqualification may
19be so declared by the Secretary of the Board. Rules regarding
20conflicts of interest and disclosure of economic interests
21promulgated by the Board shall apply to local school council
22members. No less than 45 days prior to the deadline, the
23general superintendent shall provide notice, by mail, to each
24local school council member of all requirements and forms for
25compliance with economic interest statements.
26    (r) (1) If a parent member of a local school council ceases

 

 

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1to have any child enrolled in the attendance center governed by
2the Local School Council due to the graduation or voluntary
3transfer of a child or children from the attendance center, the
4parent's membership on the Local School Council and all voting
5rights are terminated immediately as of the date of the child's
6graduation or voluntary transfer. If the child of a parent
7member of a local school council dies during the member's term
8in office, the member may continue to serve on the local school
9council for the balance of his or her term. Further, a local
10school council member may be removed from the Council by a
11majority vote of the Council as provided in subsection (c) of
12Section 34-2.2 if the Council member has missed 3 consecutive
13regular meetings, not including committee meetings, or 5
14regular meetings in a 12 month period, not including committee
15meetings. If a parent member of a local school council ceases
16to be eligible to serve on the Council for any other reason, he
17or she shall be removed by the Board subject to a hearing,
18convened pursuant to Board rule, prior to removal. A vote to
19remove a Council member by the local school council shall only
20be valid if the Council member has been notified personally or
21by certified mail, mailed to the person's last known address,
22of the Council's intent to vote on the Council member's removal
23at least 7 days prior to the vote. The Council member in
24question shall have the right to explain his or her actions and
25shall be eligible to vote on the question of his or her removal
26from the Council. The provisions of this subsection shall be

 

 

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1contained within the petitions used to nominate Council
2candidates.
3    (2) A person may continue to serve as a community resident
4member of a local school council as long as he or she resides
5in the attendance area served by the school and is not employed
6by the Board nor is a parent of a student enrolled at the
7school. If a community resident member ceases to be eligible to
8serve on the Council, he or she shall be removed by the Board
9subject to a hearing, convened pursuant to Board rule, prior to
10removal.
11    (3) A person may continue to serve as a teacher member of a
12local school council as long as he or she is employed and
13assigned to perform a majority of his or her duties at the
14school, provided that if the teacher representative resigns
15from employment with the Board or voluntarily transfers to
16another school, the teacher's membership on the local school
17council and all voting rights are terminated immediately as of
18the date of the teacher's resignation or upon the date of the
19teacher's voluntary transfer to another school. If a teacher
20member of a local school council ceases to be eligible to serve
21on a local school council for any other reason, that member
22shall be removed by the Board subject to a hearing, convened
23pursuant to Board rule, prior to removal.
24(Source: P.A. 95-1015, eff. 12-15-08; 96-1412, eff. 1-1-11.)
 
25    (105 ILCS 5/34-84b)  (from Ch. 122, par. 34-84b)

 

 

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1    Sec. 34-84b. Conviction of sex or narcotics offense, first
2degree murder, attempted first degree murder, or Class X felony
3as grounds for revocation of certificate.
4    (a) Whenever the holder of any certificate issued by the
5board of education has been convicted of any sex offense or
6narcotics offense as defined in this Section, the board of
7education shall forthwith suspend the certificate. If the
8conviction is reversed and the holder is acquitted of the
9offense in a new trial or the charges against him are
10dismissed, the board shall forthwith terminate the suspension
11of the certificate. When the conviction becomes final, the
12board shall forthwith revoke the certificate. "Sex offense" as
13used in this Section means any one or more of the following
14offenses: (1) any offense defined in Sections 11-6, and 11-9,
15and 11-30, and Sections 11-14 through 11-21, inclusive, and
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
1712-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961;
18(2) any attempt to commit any of the foregoing offenses, and
19(3) any offense committed or attempted in any other state
20which, if committed or attempted in this State, would have been
21punishable as one or more of the foregoing offenses. "Narcotics
22offense" as used in this Section means any one or more of the
23following offenses: (1) any offense defined in the Cannabis
24Control Act except those defined in Sections 4(a), 4(b) and
255(a) of that Act and any offense for which the holder of any
26certificate is placed on probation under the provisions of

 

 

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1Section 10 of that Act and fulfills the terms and conditions of
2probation as may be required by the court; (2) any offense
3defined in the Illinois Controlled Substances Act except any
4offense for which the holder of any certificate is placed on
5probation under the provisions of Section 410 of that Act and
6fulfills the terms and conditions of probation as may be
7required by the court; (3) any offense defined in the
8Methamphetamine Control and Community Protection Act except
9any offense for which the holder of any certificate is placed
10on probation under the provision of Section 70 of that Act and
11fulfills the terms and conditions of probation as may be
12required by the court; (4) any attempt to commit any of the
13foregoing offenses; and (5) any offense committed or attempted
14in any other state or against the laws of the United States
15which, if committed or attempted in this State, would have been
16punishable as one or more of the foregoing offenses.
17    (b) Whenever the holder of any certificate issued by the
18board of education or pursuant to Article 21 or any other
19provisions of the School Code has been convicted of first
20degree murder, attempted first degree murder, or a Class X
21felony, the board of education or the State Superintendent of
22Education shall forthwith suspend the certificate. If the
23conviction is reversed and the holder is acquitted of that
24offense in a new trial or the charges that he or she committed
25that offense are dismissed, the suspending authority shall
26forthwith terminate the suspension of the certificate. When the

 

 

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1conviction becomes final, the State Superintendent of
2Education shall forthwith revoke the certificate. The stated
3offenses of "first degree murder", "attempted first degree
4murder", and "Class X felony" referred to in this Section
5include any offense committed in another state that, if
6committed in this State, would have been punishable as any one
7of the stated offenses.
8(Source: P.A. 94-556, eff. 9-11-05.)
 
9    Section 970. The Medical School Matriculant Criminal
10History Records Check Act is amended by changing Section 5 as
11follows:
 
12    (110 ILCS 57/5)
13    Sec. 5. Definitions.
14    "Matriculant" means an individual who is conditionally
15admitted as a student to a medical school located in Illinois,
16pending the medical school's consideration of his or her
17criminal history records check under this Act.
18    "Sex offender" means any person who is convicted pursuant
19to Illinois law or any substantially similar federal, Uniform
20Code of Military Justice, sister state, or foreign country law
21with any of the following sex offenses set forth in the
22Criminal Code of 1961:
23        (1) Indecent solicitation of a child.
24        (2) Sexual exploitation of a child.

 

 

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1        (3) Custodial sexual misconduct.
2        (4) Exploitation of a child.
3        (5) Child pornography.
4        (6) Aggravated child pornography.
5    "Violent felony" means any of the following offenses, as
6defined by the Criminal Code of 1961:
7        (1) First degree murder.
8        (2) Second degree murder.
9        (3) Predatory criminal sexual assault of a child.
10        (4) Aggravated criminal sexual assault.
11        (5) Criminal sexual assault.
12        (6) Aggravated arson.
13        (7) Aggravated kidnapping.
14        (8) Kidnapping.
15        (9) Aggravated battery resulting in great bodily harm
16    or permanent disability or disfigurement.
17(Source: P.A. 94-709, eff. 12-5-05.)
 
18    Section 975. The Illinois Insurance Code is amended by
19changing Sections 356e and 367 as follows:
 
20    (215 ILCS 5/356e)  (from Ch. 73, par. 968e)
21    Sec. 356e. Victims of certain offenses.
22    (1) No policy of accident and health insurance, which
23provides benefits for hospital or medical expenses based upon
24the actual expenses incurred, delivered or issued for delivery

 

 

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1to any person in this State shall contain any specific
2exception to coverage which would preclude the payment under
3that policy of actual expenses incurred in the examination and
4testing of a victim of an offense defined in Sections 11-1.20
5through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
61961, as now or hereafter amended, or an attempt to commit such
7offense to establish that sexual contact did occur or did not
8occur, and to establish the presence or absence of sexually
9transmitted disease or infection, and examination and
10treatment of injuries and trauma sustained by a victim of such
11offense arising out of the offense. Every policy of accident
12and health insurance which specifically provides benefits for
13routine physical examinations shall provide full coverage for
14expenses incurred in the examination and testing of a victim of
15an offense defined in Sections 11-1.20 through 11-1.60 or 12-13
16through 12-16 of the Criminal Code of 1961, as now or hereafter
17amended, or an attempt to commit such offense as set forth in
18this Section. This Section shall not apply to a policy which
19covers hospital and medical expenses for specified illnesses or
20injuries only.
21    (2) For purposes of enabling the recovery of State funds,
22any insurance carrier subject to this Section shall upon
23reasonable demand by the Department of Public Health disclose
24the names and identities of its insureds entitled to benefits
25under this provision to the Department of Public Health
26whenever the Department of Public Health has determined that it

 

 

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1has paid, or is about to pay, hospital or medical expenses for
2which an insurance carrier is liable under this Section. All
3information received by the Department of Public Health under
4this provision shall be held on a confidential basis and shall
5not be subject to subpoena and shall not be made public by the
6Department of Public Health or used for any purpose other than
7that authorized by this Section.
8    (3) Whenever the Department of Public Health finds that it
9has paid all or part of any hospital or medical expenses which
10an insurance carrier is obligated to pay under this Section,
11the Department of Public Health shall be entitled to receive
12reimbursement for its payments from such insurance carrier
13provided that the Department of Public Health has notified the
14insurance carrier of its claims before the carrier has paid
15such benefits to its insureds or in behalf of its insureds.
16(Source: P.A. 89-187, eff. 7-19-95.)
 
17    (215 ILCS 5/367)  (from Ch. 73, par. 979)
18    Sec. 367. Group accident and health insurance.
19    (1) Group accident and health insurance is hereby declared
20to be that form of accident and health insurance covering not
21less than 2 employees, members, or employees of members,
22written under a master policy issued to any governmental
23corporation, unit, agency or department thereof, or to any
24corporation, copartnership, individual employer, or to any
25association upon application of an executive officer or trustee

 

 

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1of such association having a constitution or bylaws and formed
2in good faith for purposes other than that of obtaining
3insurance, where officers, members, employees, employees of
4members or classes or department thereof, may be insured for
5their individual benefit. In addition a group accident and
6health policy may be written to insure any group which may be
7insured under a group life insurance policy. The term
8"employees" shall include the officers, managers and employees
9of subsidiary or affiliated corporations, and the individual
10proprietors, partners and employees of affiliated individuals
11and firms, when the business of such subsidiary or affiliated
12corporations, firms or individuals, is controlled by a common
13employer through stock ownership, contract or otherwise.
14    (2) Any insurance company authorized to write accident and
15health insurance in this State shall have power to issue group
16accident and health policies. No policy of group accident and
17health insurance may be issued or delivered in this State
18unless a copy of the form thereof shall have been filed with
19the department and approved by it in accordance with Section
20355, and it contains in substance those provisions contained in
21Sections 357.1 through 357.30 as may be applicable to group
22accident and health insurance and the following provisions:
23        (a) A provision that the policy, the application of the
24    employer, or executive officer or trustee of any
25    association, and the individual applications, if any, of
26    the employees, members or employees of members insured

 

 

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1    shall constitute the entire contract between the parties,
2    and that all statements made by the employer, or the
3    executive officer or trustee, or by the individual
4    employees, members or employees of members shall (in the
5    absence of fraud) be deemed representations and not
6    warranties, and that no such statement shall be used in
7    defense to a claim under the policy, unless it is contained
8    in a written application.
9        (b) A provision that the insurer will issue to the
10    employer, or to the executive officer or trustee of the
11    association, for delivery to the employee, member or
12    employee of a member, who is insured under such policy, an
13    individual certificate setting forth a statement as to the
14    insurance protection to which he is entitled and to whom
15    payable.
16        (c) A provision that to the group or class thereof
17    originally insured shall be added from time to time all new
18    employees of the employer, members of the association or
19    employees of members eligible to and applying for insurance
20    in such group or class.
21    (3) Anything in this code to the contrary notwithstanding,
22any group accident and health policy may provide that all or
23any portion of any indemnities provided by any such policy on
24account of hospital, nursing, medical or surgical services,
25may, at the insurer's option, be paid directly to the hospital
26or person rendering such services; but the policy may not

 

 

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1require that the service be rendered by a particular hospital
2or person. Payment so made shall discharge the insurer's
3obligation with respect to the amount of insurance so paid.
4Nothing in this subsection (3) shall prohibit an insurer from
5providing incentives for insureds to utilize the services of a
6particular hospital or person.
7    (4) Special group policies may be issued to school
8districts providing medical or hospital service, or both, for
9pupils of the district injured while participating in any
10athletic activity under the jurisdiction of or sponsored or
11controlled by the district or the authorities of any school
12thereof. The provisions of this Section governing the issuance
13of group accident and health insurance shall, insofar as
14applicable, control the issuance of such policies issued to
15schools.
16    (5) No policy of group accident and health insurance may be
17issued or delivered in this State unless it provides that upon
18the death of the insured employee or group member the
19dependents' coverage, if any, continues for a period of at
20least 90 days subject to any other policy provisions relating
21to termination of dependents' coverage.
22    (6) No group hospital policy covering miscellaneous
23hospital expenses issued or delivered in this State shall
24contain any exception or exclusion from coverage which would
25preclude the payment of expenses incurred for the processing
26and administration of blood and its components.

 

 

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1    (7) No policy of group accident and health insurance,
2delivered in this State more than 120 days after the effective
3day of the Section, which provides inpatient hospital coverage
4for sicknesses shall exclude from such coverage the treatment
5of alcoholism. This subsection shall not apply to a policy
6which covers only specified sicknesses.
7    (8) No policy of group accident and health insurance, which
8provides benefits for hospital or medical expenses based upon
9the actual expenses incurred, issued or delivered in this State
10shall contain any specific exception to coverage which would
11preclude the payment of actual expenses incurred in the
12examination and testing of a victim of an offense defined in
13Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
14Criminal Code of 1961, or an attempt to commit such offense, to
15establish that sexual contact did occur or did not occur, and
16to establish the presence or absence of sexually transmitted
17disease or infection, and examination and treatment of injuries
18and trauma sustained by the victim of such offense, arising out
19of the offense. Every group policy of accident and health
20insurance which specifically provides benefits for routine
21physical examinations shall provide full coverage for expenses
22incurred in the examination and testing of a victim of an
23offense defined in Sections 11-1.20 through 11-1.60 or 12-13
24through 12-16 of the Criminal Code of 1961, or an attempt to
25commit such offense, as set forth in this Section. This
26subsection shall not apply to a policy which covers hospital

 

 

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1and medical expenses for specified illnesses and injuries only.
2    (9) For purposes of enabling the recovery of State funds,
3any insurance carrier subject to this Section shall upon
4reasonable demand by the Department of Public Health disclose
5the names and identities of its insureds entitled to benefits
6under this provision to the Department of Public Health
7whenever the Department of Public Health has determined that it
8has paid, or is about to pay, hospital or medical expenses for
9which an insurance carrier is liable under this Section. All
10information received by the Department of Public Health under
11this provision shall be held on a confidential basis and shall
12not be subject to subpoena and shall not be made public by the
13Department of Public Health or used for any purpose other than
14that authorized by this Section.
15    (10) Whenever the Department of Public Health finds that it
16has paid all or part of any hospital or medical expenses which
17an insurance carrier is obligated to pay under this Section,
18the Department of Public Health shall be entitled to receive
19reimbursement for its payments from such insurance carrier
20provided that the Department of Public Health has notified the
21insurance carrier of its claim before the carrier has paid the
22benefits to its insureds or the insureds' assignees.
23    (11) (a) No group hospital, medical or surgical expense
24    policy shall contain any provision whereby benefits
25    otherwise payable thereunder are subject to reduction
26    solely on account of the existence of similar benefits

 

 

SB1310 Engrossed- 591 -LRB096 09456 RLC 19613 b

1    provided under other group or group-type accident and
2    sickness insurance policies where such reduction would
3    operate to reduce total benefits payable under these
4    policies below an amount equal to 100% of total allowable
5    expenses provided under these policies.
6        (b) When dependents of insureds are covered under 2
7    policies, both of which contain coordination of benefits
8    provisions, benefits of the policy of the insured whose
9    birthday falls earlier in the year are determined before
10    those of the policy of the insured whose birthday falls
11    later in the year. Birthday, as used herein, refers only to
12    the month and day in a calendar year, not the year in which
13    the person was born. The Department of Insurance shall
14    promulgate rules defining the order of benefit
15    determination pursuant to this paragraph (b).
16    (12) Every group policy under this Section shall be subject
17to the provisions of Sections 356g and 356n of this Code.
18    (13) No accident and health insurer providing coverage for
19hospital or medical expenses on an expense incurred basis shall
20deny reimbursement for an otherwise covered expense incurred
21for any organ transplantation procedure solely on the basis
22that such procedure is deemed experimental or investigational
23unless supported by the determination of the Office of Health
24Care Technology Assessment within the Agency for Health Care
25Policy and Research within the federal Department of Health and
26Human Services that such procedure is either experimental or

 

 

SB1310 Engrossed- 592 -LRB096 09456 RLC 19613 b

1investigational or that there is insufficient data or
2experience to determine whether an organ transplantation
3procedure is clinically acceptable. If an accident and health
4insurer has made written request, or had one made on its behalf
5by a national organization, for determination by the Office of
6Health Care Technology Assessment within the Agency for Health
7Care Policy and Research within the federal Department of
8Health and Human Services as to whether a specific organ
9transplantation procedure is clinically acceptable and said
10organization fails to respond to such a request within a period
11of 90 days, the failure to act may be deemed a determination
12that the procedure is deemed to be experimental or
13investigational.
14    (14) Whenever a claim for benefits by an insured under a
15dental prepayment program is denied or reduced, based on the
16review of x-ray films, such review must be performed by a
17dentist.
18(Source: P.A. 91-549, eff. 8-14-99.)
 
19    Section 980. The Health Maintenance Organization Act is
20amended by changing Section 4-4 as follows:
 
21    (215 ILCS 125/4-4)  (from Ch. 111 1/2, par. 1408.4)
22    Sec. 4-4. Sexual assault or abuse victims; coverage of
23expenses; recovery of State funds; reimbursement of Department
24of Public Health.

 

 

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1    (1) Contracts or evidences of coverage issued by a health
2maintenance organization, which provide benefits for health
3care services, shall to the full extent of coverage provided
4for any other emergency or accident care, provide for the
5payment of actual expenses incurred, without offset or
6reduction for benefit deductibles or co-insurance amounts, in
7the examination and testing of a victim of an offense defined
8in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of
9the Criminal Code of 1961, as now or hereafter amended, or an
10attempt to commit such offense, to establish that sexual
11contact did occur or did not occur, and to establish the
12presence or absence of sexually transmitted disease or
13infection, and examination and treatment of injuries and trauma
14sustained by a victim of such offense.
15    (2) For purposes of enabling the recovery of State funds,
16any health maintenance organization subject to this Section
17shall upon reasonable demand by the Department of Public Health
18disclose the names and identities of its enrollees entitled to
19benefits under this provision to the Department of Public
20Health whenever the Department of Public Health has determined
21that it has paid, or is about to pay for, health care services
22for which a health maintenance organization is liable under
23this Section. All information received by the Department of
24Public Health under this provision shall be held on a
25confidential basis and shall not be subject to subpoena and
26shall not be made public by the Department of Public Health or

 

 

SB1310 Engrossed- 594 -LRB096 09456 RLC 19613 b

1used for any purpose other than that authorized by this
2Section.
3    (3) Whenever the Department of Public Health finds that it
4has paid for all or part of any health care services for which
5a health maintenance organization is obligated to pay under
6this Section, the Department of Public Health shall be entitled
7to receive reimbursement for its payments from such
8organization provided that the Department of Public Health has
9notified the organization of its claims before the organization
10has paid such benefits to its enrollees or in behalf of its
11enrollees.
12(Source: P.A. 91-357, eff. 7-29-99.)
 
13    Section 985. The Voluntary Health Services Plans Act is
14amended by changing Section 15.8 as follows:
 
15    (215 ILCS 165/15.8)  (from Ch. 32, par. 609.8)
16    Sec. 15.8. Sexual assault or abuse victims.
17    (1) Policies, contracts or subscription certificates
18issued by a health services plan corporation, which provide
19benefits for hospital or medical expenses based upon the actual
20expenses incurred, shall to the full extent of coverage
21provided for any other emergency or accident care, provide for
22the payment of actual expenses incurred, without offset or
23reduction for benefit deductibles or co-insurance amounts, in
24the examination and testing of a victim of an offense defined

 

 

SB1310 Engrossed- 595 -LRB096 09456 RLC 19613 b

1in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of
2the Criminal Code of 1961, as now or hereafter amended, or
3attempt to commit such offense, to establish that sexual
4contact did occur or did not occur, and to establish the
5presence or absence of sexually transmitted disease or
6infection, and examination and treatment of injuries and trauma
7sustained by a victim of such offense.
8    (2) For purposes of enabling the recovery of State Funds,
9any health services plan corporation subject to this Section
10shall upon reasonable demand by the Department of Public Health
11disclose the names and identities of its insureds or
12subscribers entitled to benefits under this provision to the
13Department of Public Health whenever the Department of Public
14Health has determined that it has paid, or is about to pay,
15hospital or medical expenses for which a health care service
16corporation is liable under this Section. All information
17received by the Department of Public Health under this
18provision shall be held on a confidential basis and shall not
19be subject to subpoena and shall not be made public by the
20Department of Public Health or used for any purpose other than
21that authorized by this Section.
22    (3) Whenever the Department of Public Health finds that it
23has paid all or part of any hospital or medical expenses which
24a health services plan corporation is obligated to pay under
25this Section, the Department of Public Health shall be entitled
26to receive reimbursement for its payments from such corporation

 

 

SB1310 Engrossed- 596 -LRB096 09456 RLC 19613 b

1provided that the Department of Public Health has notified the
2corporation of its claims before the corporation has paid such
3benefits to its subscribers or in behalf of its subscribers.
4(Source: P.A. 89-187, eff. 7-19-95.)
 
5    Section 990. The Child Care Act of 1969 is amended by
6changing Section 4.2 as follows:
 
7    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
8    Sec. 4.2. (a) No applicant may receive a license from the
9Department and no person may be employed by a licensed child
10care facility who refuses to authorize an investigation as
11required by Section 4.1.
12    (b) In addition to the other provisions of this Section, no
13applicant may receive a license from the Department and no
14person may be employed by a child care facility licensed by the
15Department who has been declared a sexually dangerous person
16under "An Act in relation to sexually dangerous persons, and
17providing for their commitment, detention and supervision",
18approved July 6, 1938, as amended, or convicted of committing
19or attempting to commit any of the following offenses
20stipulated under the Criminal Code of 1961:
21        (1) murder;
22        (1.1) solicitation of murder;
23        (1.2) solicitation of murder for hire;
24        (1.3) intentional homicide of an unborn child;

 

 

SB1310 Engrossed- 597 -LRB096 09456 RLC 19613 b

1        (1.4) voluntary manslaughter of an unborn child;
2        (1.5) involuntary manslaughter;
3        (1.6) reckless homicide;
4        (1.7) concealment of a homicidal death;
5        (1.8) involuntary manslaughter of an unborn child;
6        (1.9) reckless homicide of an unborn child;
7        (1.10) drug-induced homicide;
8        (2) a sex offense under Article 11, except offenses
9    described in Sections 11-7, 11-8, 11-12, and 11-13, 11-35,
10    11-40, and 11-45;
11        (3) kidnapping;
12        (3.1) aggravated unlawful restraint;
13        (3.2) forcible detention;
14        (3.3) harboring a runaway;
15        (3.4) aiding and abetting child abduction;
16        (4) aggravated kidnapping;
17        (5) child abduction;
18        (6) aggravated battery of a child;
19        (7) criminal sexual assault;
20        (8) aggravated criminal sexual assault;
21        (8.1) predatory criminal sexual assault of a child;
22        (9) criminal sexual abuse;
23        (10) aggravated sexual abuse;
24        (11) heinous battery;
25        (12) aggravated battery with a firearm;
26        (13) tampering with food, drugs, or cosmetics;

 

 

SB1310 Engrossed- 598 -LRB096 09456 RLC 19613 b

1        (14) drug induced infliction of great bodily harm;
2        (15) hate crime;
3        (16) stalking;
4        (17) aggravated stalking;
5        (18) threatening public officials;
6        (19) home invasion;
7        (20) vehicular invasion;
8        (21) criminal transmission of HIV;
9        (22) criminal abuse or neglect of an elderly or
10    disabled person;
11        (23) child abandonment;
12        (24) endangering the life or health of a child;
13        (25) ritual mutilation;
14        (26) ritualized abuse of a child;
15        (27) an offense in any other jurisdiction the elements
16    of which are similar and bear a substantial relationship to
17    any of the foregoing offenses.
18    (b-1) In addition to the other provisions of this Section,
19beginning January 1, 2004, no new applicant and, on the date of
20licensure renewal, no current licensee may operate or receive a
21license from the Department to operate, no person may be
22employed by, and no adult person may reside in a child care
23facility licensed by the Department who has been convicted of
24committing or attempting to commit any of the following
25offenses or an offense in any other jurisdiction the elements
26of which are similar and bear a substantial relationship to any

 

 

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1of the following offenses:
 
2
(I) BODILY HARM

 
3        (1) Felony aggravated assault.
4        (2) Vehicular endangerment.
5        (3) Felony domestic battery.
6        (4) Aggravated battery.
7        (5) Heinous battery.
8        (6) Aggravated battery with a firearm.
9        (7) Aggravated battery of an unborn child.
10        (8) Aggravated battery of a senior citizen.
11        (9) Intimidation.
12        (10) Compelling organization membership of persons.
13        (11) Abuse and gross neglect of a long term care
14    facility resident.
15        (12) Felony violation of an order of protection.
 
16
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
17        (1) Felony unlawful use of weapons.
18        (2) Aggravated discharge of a firearm.
19        (3) Reckless discharge of a firearm.
20        (4) Unlawful use of metal piercing bullets.
21        (5) Unlawful sale or delivery of firearms on the
22    premises of any school.

 

 

SB1310 Engrossed- 600 -LRB096 09456 RLC 19613 b

1        (6) Disarming a police officer.
2        (7) Obstructing justice.
3        (8) Concealing or aiding a fugitive.
4        (9) Armed violence.
5        (10) Felony contributing to the criminal delinquency
6    of a juvenile.
 
7
(III) DRUG OFFENSES

 
8        (1) Possession of more than 30 grams of cannabis.
9        (2) Manufacture of more than 10 grams of cannabis.
10        (3) Cannabis trafficking.
11        (4) Delivery of cannabis on school grounds.
12        (5) Unauthorized production of more than 5 cannabis
13    sativa plants.
14        (6) Calculated criminal cannabis conspiracy.
15        (7) Unauthorized manufacture or delivery of controlled
16    substances.
17        (8) Controlled substance trafficking.
18        (9) Manufacture, distribution, or advertisement of
19    look-alike substances.
20        (10) Calculated criminal drug conspiracy.
21        (11) Street gang criminal drug conspiracy.
22        (12) Permitting unlawful use of a building.
23        (13) Delivery of controlled, counterfeit, or
24    look-alike substances to persons under age 18, or at truck

 

 

SB1310 Engrossed- 601 -LRB096 09456 RLC 19613 b

1    stops, rest stops, or safety rest areas, or on school
2    property.
3        (14) Using, engaging, or employing persons under 18 to
4    deliver controlled, counterfeit, or look-alike substances.
5        (15) Delivery of controlled substances.
6        (16) Sale or delivery of drug paraphernalia.
7        (17) Felony possession, sale, or exchange of
8    instruments adapted for use of a controlled substance,
9    methamphetamine, or cannabis by subcutaneous injection.
10        (18) Felony possession of a controlled substance.
11        (19) Any violation of the Methamphetamine Control and
12    Community Protection Act.
13    (b-2) For child care facilities other than foster family
14homes, the Department may issue a new child care facility
15license to or renew the existing child care facility license of
16an applicant, a person employed by a child care facility, or an
17applicant who has an adult residing in a home child care
18facility who was convicted of an offense described in
19subsection (b-1), provided that all of the following
20requirements are met:
21        (1) The relevant criminal offense occurred more than 5
22    years prior to the date of application or renewal, except
23    for drug offenses. The relevant drug offense must have
24    occurred more than 10 years prior to the date of
25    application or renewal, unless the applicant passed a drug
26    test, arranged and paid for by the child care facility, no

 

 

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1    less than 5 years after the offense.
2        (2) The Department must conduct a background check and
3    assess all convictions and recommendations of the child
4    care facility to determine if waiver shall apply in
5    accordance with Department administrative rules and
6    procedures.
7        (3) The applicant meets all other requirements and
8    qualifications to be licensed as the pertinent type of
9    child care facility under this Act and the Department's
10    administrative rules.
11    (c) In addition to the other provisions of this Section, no
12applicant may receive a license from the Department to operate
13a foster family home, and no adult person may reside in a
14foster family home licensed by the Department, who has been
15convicted of committing or attempting to commit any of the
16following offenses stipulated under the Criminal Code of 1961,
17the Cannabis Control Act, the Methamphetamine Control and
18Community Protection Act, and the Illinois Controlled
19Substances Act:
 
20
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
21    (A) KIDNAPPING AND RELATED OFFENSES
22        (1) Unlawful restraint.
 
23    (B) BODILY HARM

 

 

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1        (2) Felony aggravated assault.
2        (3) Vehicular endangerment.
3        (4) Felony domestic battery.
4        (5) Aggravated battery.
5        (6) Heinous battery.
6        (7) Aggravated battery with a firearm.
7        (8) Aggravated battery of an unborn child.
8        (9) Aggravated battery of a senior citizen.
9        (10) Intimidation.
10        (11) Compelling organization membership of persons.
11        (12) Abuse and gross neglect of a long term care
12    facility resident.
13        (13) Felony violation of an order of protection.
 
14
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
15        (14) Felony theft.
16        (15) Robbery.
17        (16) Armed robbery.
18        (17) Aggravated robbery.
19        (18) Vehicular hijacking.
20        (19) Aggravated vehicular hijacking.
21        (20) Burglary.
22        (21) Possession of burglary tools.
23        (22) Residential burglary.
24        (23) Criminal fortification of a residence or

 

 

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1    building.
2        (24) Arson.
3        (25) Aggravated arson.
4        (26) Possession of explosive or explosive incendiary
5    devices.
 
6
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
7        (27) Felony unlawful use of weapons.
8        (28) Aggravated discharge of a firearm.
9        (29) Reckless discharge of a firearm.
10        (30) Unlawful use of metal piercing bullets.
11        (31) Unlawful sale or delivery of firearms on the
12    premises of any school.
13        (32) Disarming a police officer.
14        (33) Obstructing justice.
15        (34) Concealing or aiding a fugitive.
16        (35) Armed violence.
17        (36) Felony contributing to the criminal delinquency
18    of a juvenile.
 
19
(IV) DRUG OFFENSES

 
20        (37) Possession of more than 30 grams of cannabis.
21        (38) Manufacture of more than 10 grams of cannabis.
22        (39) Cannabis trafficking.

 

 

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1        (40) Delivery of cannabis on school grounds.
2        (41) Unauthorized production of more than 5 cannabis
3    sativa plants.
4        (42) Calculated criminal cannabis conspiracy.
5        (43) Unauthorized manufacture or delivery of
6    controlled substances.
7        (44) Controlled substance trafficking.
8        (45) Manufacture, distribution, or advertisement of
9    look-alike substances.
10        (46) Calculated criminal drug conspiracy.
11        (46.5) Streetgang criminal drug conspiracy.
12        (47) Permitting unlawful use of a building.
13        (48) Delivery of controlled, counterfeit, or
14    look-alike substances to persons under age 18, or at truck
15    stops, rest stops, or safety rest areas, or on school
16    property.
17        (49) Using, engaging, or employing persons under 18 to
18    deliver controlled, counterfeit, or look-alike substances.
19        (50) Delivery of controlled substances.
20        (51) Sale or delivery of drug paraphernalia.
21        (52) Felony possession, sale, or exchange of
22    instruments adapted for use of a controlled substance,
23    methamphetamine, or cannabis by subcutaneous injection.
24        (53) Any violation of the Methamphetamine Control and
25    Community Protection Act.
26    (d) Notwithstanding subsection (c), the Department may

 

 

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1issue a new foster family home license or may renew an existing
2foster family home license of an applicant who was convicted of
3an offense described in subsection (c), provided all of the
4following requirements are met:
5        (1) The relevant criminal offense or offenses occurred
6    more than 10 years prior to the date of application or
7    renewal.
8        (2) The applicant had previously disclosed the
9    conviction or convictions to the Department for purposes of
10    a background check.
11        (3) After the disclosure, the Department either placed
12    a child in the home or the foster family home license was
13    issued.
14        (4) During the background check, the Department had
15    assessed and waived the conviction in compliance with the
16    existing statutes and rules in effect at the time of the
17    waiver.
18        (5) The applicant meets all other requirements and
19    qualifications to be licensed as a foster family home under
20    this Act and the Department's administrative rules.
21        (6) The applicant has a history of providing a safe,
22    stable home environment and appears able to continue to
23    provide a safe, stable home environment.
24(Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
 
25    Section 995. The Health Care Worker Background Check Act is

 

 

SB1310 Engrossed- 607 -LRB096 09456 RLC 19613 b

1amended by changing Section 25 as follows:
 
2    (225 ILCS 46/25)
3    Sec. 25. Persons ineligible to be hired by health care
4employers and long-term care facilities.
5    (a) In the discretion of the Director of Public Health, as
6soon after January 1, 1996, January 1, 1997, January 1, 2006,
7or October 1, 2007, as applicable, and as is reasonably
8practical, no health care employer shall knowingly hire,
9employ, or retain any individual in a position with duties
10involving direct care for clients, patients, or residents, and
11no long-term care facility shall knowingly hire, employ, or
12retain any individual in a position with duties that involve or
13may involve contact with residents or access to the living
14quarters or the financial, medical, or personal records of
15residents, who has been convicted of committing or attempting
16to commit one or more of the following offenses: those defined
17in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
189-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
1910-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
2011-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
2112-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3,
2212-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14,
2312-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32, 12-33,
2416-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1,
2519-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2, or

 

 

SB1310 Engrossed- 608 -LRB096 09456 RLC 19613 b

1subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
21961; those provided in Section 4 of the Wrongs to Children
3Act; those provided in Section 53 of the Criminal Jurisprudence
4Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of the
5Cannabis Control Act; those defined in the Methamphetamine
6Control and Community Protection Act; or those defined in
7Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
8Illinois Controlled Substances Act, unless the applicant or
9employee obtains a waiver pursuant to Section 40.
10    (a-1) In the discretion of the Director of Public Health,
11as soon after January 1, 2004 or October 1, 2007, as
12applicable, and as is reasonably practical, no health care
13employer shall knowingly hire any individual in a position with
14duties involving direct care for clients, patients, or
15residents, and no long-term care facility shall knowingly hire
16any individual in a position with duties that involve or may
17involve contact with residents or access to the living quarters
18or the financial, medical, or personal records of residents,
19who has (i) been convicted of committing or attempting to
20commit one or more of the offenses defined in Section 12-3.3,
2112-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
2224-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
231961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
24and Debit Card Act; or Section 11-9.1A of the Criminal Code of
251961 or Section 5.1 of the Wrongs to Children Act; or (ii)
26violated Section 50-50 of the Nurse Practice Act, unless the

 

 

SB1310 Engrossed- 609 -LRB096 09456 RLC 19613 b

1applicant or employee obtains a waiver pursuant to Section 40
2of this Act.
3    A health care employer is not required to retain an
4individual in a position with duties involving direct care for
5clients, patients, or residents, and no long-term care facility
6is required to retain an individual in a position with duties
7that involve or may involve contact with residents or access to
8the living quarters or the financial, medical, or personal
9records of residents, who has been convicted of committing or
10attempting to commit one or more of the offenses enumerated in
11this subsection.
12    (b) A health care employer shall not hire, employ, or
13retain any individual in a position with duties involving
14direct care of clients, patients, or residents, and no
15long-term care facility shall knowingly hire, employ, or retain
16any individual in a position with duties that involve or may
17involve contact with residents or access to the living quarters
18or the financial, medical, or personal records of residents, if
19the health care employer becomes aware that the individual has
20been convicted in another state of committing or attempting to
21commit an offense that has the same or similar elements as an
22offense listed in subsection (a) or (a-1), as verified by court
23records, records from a state agency, or an FBI criminal
24history record check, unless the applicant or employee obtains
25a waiver pursuant to Section 40 of this Act. This shall not be
26construed to mean that a health care employer has an obligation

 

 

SB1310 Engrossed- 610 -LRB096 09456 RLC 19613 b

1to conduct a criminal history records check in other states in
2which an employee has resided.
3(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
495-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
5    Section 1000. The Liquor Control Act of 1934 is amended by
6changing Section 6-2 as follows:
 
7    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
8    Sec. 6-2. Issuance of licenses to certain persons
9prohibited.
10    (a) Except as otherwise provided in subsection (b) of this
11Section and in paragraph (1) of subsection (a) of Section 3-12,
12no license of any kind issued by the State Commission or any
13local commission shall be issued to:
14        (1) A person who is not a resident of any city, village
15    or county in which the premises covered by the license are
16    located; except in case of railroad or boat licenses.
17        (2) A person who is not of good character and
18    reputation in the community in which he resides.
19        (3) A person who is not a citizen of the United States.
20        (4) A person who has been convicted of a felony under
21    any Federal or State law, unless the Commission determines
22    that such person has been sufficiently rehabilitated to
23    warrant the public trust after considering matters set
24    forth in such person's application and the Commission's

 

 

SB1310 Engrossed- 611 -LRB096 09456 RLC 19613 b

1    investigation. The burden of proof of sufficient
2    rehabilitation shall be on the applicant.
3        (5) A person who has been convicted of keeping a place
4    of prostitution or keeping a place of juvenile
5    prostitution, promoting prostitution that involves keeping
6    a place of prostitution, or promoting juvenile
7    prostitution that involves keeping a place of juvenile
8    prostitution being the keeper or is keeping a house of ill
9    fame.
10        (6) A person who has been convicted of pandering or
11    other crime or misdemeanor opposed to decency and morality.
12        (7) A person whose license issued under this Act has
13    been revoked for cause.
14        (8) A person who at the time of application for renewal
15    of any license issued hereunder would not be eligible for
16    such license upon a first application.
17        (9) A copartnership, if any general partnership
18    thereof, or any limited partnership thereof, owning more
19    than 5% of the aggregate limited partner interest in such
20    copartnership would not be eligible to receive a license
21    hereunder for any reason other than residence within the
22    political subdivision, unless residency is required by
23    local ordinance.
24        (10) A corporation or limited liability company, if any
25    member, officer, manager or director thereof, or any
26    stockholder or stockholders owning in the aggregate more

 

 

SB1310 Engrossed- 612 -LRB096 09456 RLC 19613 b

1    than 5% of the stock of such corporation, would not be
2    eligible to receive a license hereunder for any reason
3    other than citizenship and residence within the political
4    subdivision.
5        (10a) A corporation or limited liability company
6    unless it is incorporated or organized in Illinois, or
7    unless it is a foreign corporation or foreign limited
8    liability company which is qualified under the Business
9    Corporation Act of 1983 or the Limited Liability Company
10    Act to transact business in Illinois. The Commission shall
11    permit and accept from an applicant for a license under
12    this Act proof prepared from the Secretary of State's
13    website that the corporation or limited liability company
14    is in good standing and is qualified under the Business
15    Corporation Act of 1983 or the Limited Liability Company
16    Act to transact business in Illinois.
17        (11) A person whose place of business is conducted by a
18    manager or agent unless the manager or agent possesses the
19    same qualifications required by the licensee.
20        (12) A person who has been convicted of a violation of
21    any Federal or State law concerning the manufacture,
22    possession or sale of alcoholic liquor, subsequent to the
23    passage of this Act or has forfeited his bond to appear in
24    court to answer charges for any such violation.
25        (13) A person who does not beneficially own the
26    premises for which a license is sought, or does not have a

 

 

SB1310 Engrossed- 613 -LRB096 09456 RLC 19613 b

1    lease thereon for the full period for which the license is
2    to be issued.
3        (14) Any law enforcing public official, including
4    members of local liquor control commissions, any mayor,
5    alderman, or member of the city council or commission, any
6    president of the village board of trustees, any member of a
7    village board of trustees, or any president or member of a
8    county board; and no such official shall have a direct
9    interest in the manufacture, sale, or distribution of
10    alcoholic liquor, except that a license may be granted to
11    such official in relation to premises that are not located
12    within the territory subject to the jurisdiction of that
13    official if the issuance of such license is approved by the
14    State Liquor Control Commission and except that a license
15    may be granted, in a city or village with a population of
16    50,000 or less, to any alderman, member of a city council,
17    or member of a village board of trustees in relation to
18    premises that are located within the territory subject to
19    the jurisdiction of that official if (i) the sale of
20    alcoholic liquor pursuant to the license is incidental to
21    the selling of food, (ii) the issuance of the license is
22    approved by the State Commission, (iii) the issuance of the
23    license is in accordance with all applicable local
24    ordinances in effect where the premises are located, and
25    (iv) the official granted a license does not vote on
26    alcoholic liquor issues pending before the board or council

 

 

SB1310 Engrossed- 614 -LRB096 09456 RLC 19613 b

1    to which the license holder is elected. Notwithstanding any
2    provision of this paragraph (14) to the contrary, an
3    alderman or member of a city council or commission, a
4    member of a village board of trustees other than the
5    president of the village board of trustees, or a member of
6    a county board other than the president of a county board
7    may have a direct interest in the manufacture, sale, or
8    distribution of alcoholic liquor as long as he or she is
9    not a law enforcing public official, a mayor, a village
10    board president, or president of a county board. To prevent
11    any conflict of interest, the elected official with the
12    direct interest in the manufacture, sale, or distribution
13    of alcoholic liquor cannot participate in any meetings,
14    hearings, or decisions on matters impacting the
15    manufacture, sale, or distribution of alcoholic liquor.
16        (15) A person who is not a beneficial owner of the
17    business to be operated by the licensee.
18        (16) A person who has been convicted of a gambling
19    offense as proscribed by any of subsections (a) (3) through
20    (a) (11) of Section 28-1 of, or as proscribed by Section
21    28-1.1 or 28-3 of, the Criminal Code of 1961, or as
22    proscribed by a statute replaced by any of the aforesaid
23    statutory provisions.
24        (17) A person or entity to whom a federal wagering
25    stamp has been issued by the federal government, unless the
26    person or entity is eligible to be issued a license under

 

 

SB1310 Engrossed- 615 -LRB096 09456 RLC 19613 b

1    the Raffles Act or the Illinois Pull Tabs and Jar Games
2    Act.
3        (18) A person who intends to sell alcoholic liquors for
4    use or consumption on his or her licensed retail premises
5    who does not have liquor liability insurance coverage for
6    that premises in an amount that is at least equal to the
7    maximum liability amounts set out in subsection (a) of
8    Section 6-21.
9    (b) A criminal conviction of a corporation is not grounds
10for the denial, suspension, or revocation of a license applied
11for or held by the corporation if the criminal conviction was
12not the result of a violation of any federal or State law
13concerning the manufacture, possession or sale of alcoholic
14liquor, the offense that led to the conviction did not result
15in any financial gain to the corporation and the corporation
16has terminated its relationship with each director, officer,
17employee, or controlling shareholder whose actions directly
18contributed to the conviction of the corporation. The
19Commission shall determine if all provisions of this subsection
20(b) have been met before any action on the corporation's
21license is initiated.
22(Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381,
23eff. 7-29-05; 95-331, eff. 8-21-07.)
 
24    Section 1005. The Illinois Public Aid Code is amended by
25changing Section 4-1.7 as follows:
 

 

 

SB1310 Engrossed- 616 -LRB096 09456 RLC 19613 b

1    (305 ILCS 5/4-1.7)  (from Ch. 23, par. 4-1.7)
2    Sec. 4-1.7. Enforcement of Parental Child Support
3Obligation. If the parent or parents of the child are failing
4to meet or are delinquent in their legal obligation to support
5the child, the parent or other person having custody of the
6child or the Department of Healthcare and Family Services may
7request the law enforcement officer authorized or directed by
8law to so act to file action for the enforcement of such
9remedies as the law provides for the fulfillment of the child
10support obligation.
11    If a parent has a judicial remedy against the other parent
12to compel child support, or if, as the result of an action
13initiated by or in behalf of one parent against the other, a
14child support order has been entered in respect to which there
15is noncompliance or delinquency, or where the order so entered
16may be changed upon petition to the court to provide additional
17support, the parent or other person having custody of the child
18or the Department of Healthcare and Family Services may request
19the appropriate law enforcement officer to seek enforcement of
20the remedy, or of the support order, or a change therein to
21provide additional support. If the law enforcement officer is
22not authorized by law to so act in these instances, the parent,
23or if so authorized by law the other person having custody of
24the child, or the Department of Healthcare and Family Services
25may initiate an action to enforce these remedies.

 

 

SB1310 Engrossed- 617 -LRB096 09456 RLC 19613 b

1    A parent or other person having custody of the child must
2comply with the requirements of Title IV of the federal Social
3Security Act, and the regulations duly promulgated thereunder,
4and any rules promulgated by the Illinois Department regarding
5enforcement of the child support obligation. The Department of
6Healthcare and Family Services and the Department of Human
7Services may provide by rule for the grant or continuation of
8aid to the person for a temporary period if he or she accepts
9counseling or other services designed to increase his or her
10motivation to seek enforcement of the child support obligation.
11    In addition to any other definition of failure or refusal
12to comply with the requirements of Title IV of the federal
13Social Security Act, or Illinois Department rule, in the case
14of failure to attend court hearings, the parent or other person
15can show cooperation by attending a court hearing or, if a
16court hearing cannot be scheduled within 14 days following the
17court hearing that was missed, by signing a statement that the
18parent or other person is now willing to cooperate in the child
19support enforcement process and will appear at any later
20scheduled court date. The parent or other person can show
21cooperation by signing such a statement only once. If failure
22to attend the court hearing or other failure to cooperate
23results in the case being dismissed, such a statement may be
24signed after 2 months.
25    No denial or termination of medical assistance pursuant to
26this Section shall commence during pregnancy of the parent or

 

 

SB1310 Engrossed- 618 -LRB096 09456 RLC 19613 b

1other person having custody of the child or for 30 days after
2the termination of such pregnancy. The termination of medical
3assistance may commence thereafter if the Department of
4Healthcare and Family Services determines that the failure or
5refusal to comply with this Section persists. Postponement of
6denial or termination of medical assistance during pregnancy
7under this paragraph shall be effective only to the extent it
8does not conflict with federal law or regulation.
9    Any evidence a parent or other person having custody of the
10child gives in order to comply with the requirements of this
11Section shall not render him or her liable to prosecution under
12Section 11-35 or 11-40 Sections 11-7 or 11-8 of the "Criminal
13Code of 1961", approved July 28, 1961, as amended.
14    When so requested, the Department of Healthcare and Family
15Services and the Department of Human Services shall provide
16such services and assistance as the law enforcement officer may
17require in connection with the filing of any action hereunder.
18    The Department of Healthcare and Family Services and the
19Department of Human Services, as an expense of administration,
20may also provide applicants for and recipients of aid with such
21services and assistance, including assumption of the
22reasonable costs of prosecuting any action or proceeding, as
23may be necessary to enable them to enforce the child support
24liability required hereunder.
25    Nothing in this Section shall be construed as a requirement
26that an applicant or recipient file an action for dissolution

 

 

SB1310 Engrossed- 619 -LRB096 09456 RLC 19613 b

1of marriage against his or her spouse.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    Section 1008. The Abused and Neglected Child Reporting Act
4is amended by changing Section 4.5 as follows:
 
5    (325 ILCS 5/4.5)
6    Sec. 4.5. Electronic and information technology workers;
7reporting child pornography.
8    (a) In this Section:
9    "Child pornography" means child pornography as described
10in Section 11-20.1 of the Criminal Code of 1961 or aggravated
11child pornography as described in Section 11-20.1B 11-20.3 of
12the Criminal Code of 1961.
13    "Electronic and information technology equipment" means
14equipment used in the creation, manipulation, storage,
15display, or transmission of data, including internet and
16intranet systems, software applications, operating systems,
17video and multimedia, telecommunications products, kiosks,
18information transaction machines, copiers, printers, and
19desktop and portable computers.
20    "Electronic and information technology equipment worker"
21means a person who in the scope and course of his or her
22employment or business installs, repairs, or otherwise
23services electronic and information technology equipment for a
24fee but does not include (i) an employee, independent

 

 

SB1310 Engrossed- 620 -LRB096 09456 RLC 19613 b

1contractor, or other agent of a telecommunications carrier or
2telephone or telecommunications cooperative, as those terms
3are defined in the Public Utilities Act, or (ii) an employee,
4independent contractor, or other agent of a provider of
5commercial mobile radio service, as defined in 47 C.F.R. 20.3.
6    (b) If an electronic and information technology equipment
7worker discovers any depiction of child pornography while
8installing, repairing, or otherwise servicing an item of
9electronic and information technology equipment, that worker
10or the worker's employer shall immediately report the discovery
11to the local law enforcement agency or to the Cyber Tipline at
12the National Center for Missing & Exploited Children.
13    (c) If a report is filed in accordance with the
14requirements of 42 U.S.C. 13032, the requirements of this
15Section 4.5 will be deemed to have been met.
16    (d) An electronic and information technology equipment
17worker or electronic and information technology equipment
18worker's employer who reports a discovery of child pornography
19as required under this Section is immune from any criminal,
20civil, or administrative liability in connection with making
21the report, except for willful or wanton misconduct.
22    (e) Failure to report a discovery of child pornography as
23required under this Section is a business offense subject to a
24fine of $1,001.
25(Source: P.A. 95-944, eff. 8-29-08.)
 

 

 

SB1310 Engrossed- 621 -LRB096 09456 RLC 19613 b

1    Section 1010. The Intergovernmental Missing Child Recovery
2Act of 1984 is amended by changing Section 2 as follows:
 
3    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
4    Sec. 2. As used in this Act: (a) "Department" means the
5Department of State Police.
6    (b) "Director" means the Director of the Department of
7State Police.
8    (c) "Unit of Local Government" is defined as in Article
9VII, Section 1 of the Illinois Constitution and includes both
10home rule units and units which are not home rule units. The
11term is also defined to include all public school districts
12subject to the provisions of The School Code.
13    (d) "Child" means a person under 21 years of age.
14    (e) A "LEADS terminal" is an interactive computerized
15communication and processing unit which permits a direct
16on-line communication with the Department of State Police's
17central data repository, the Law Enforcement Agencies Data
18System (LEADS).
19    (f) A "Primary contact agency" means a law enforcement
20agency which maintains a LEADS terminal, or has immediate
21access to one on a 24-hour-per-day, 7-day-per-week basis by
22written agreement with another law enforcement agency, and is
23designated by the I SEARCH policy board to be the agency
24responsible for coordinating the joint efforts between the
25Department of State Police and the I SEARCH program

 

 

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1participants.
2    (g) "Illinois State Enforcement Agencies to Recover
3Children Unit" or "I SEARCH Unit" means a combination of units
4of local government within a contiguous geographical area
5served by one or more LEADS terminals and established to
6collectively address the missing and exploited children
7problem in their respective geographical areas.
8    (h) "Missing child" means any person under 21 years of age
9whose whereabouts are unknown to his or her parents or legal
10guardian.
11    (i) "Exploitation" means activities and actions which
12include, but are not limited to, child pornography, aggravated
13child pornography, child prostitution, child sexual abuse,
14drug and substance abuse by children, and child suicide.
15    (j) "Participating agency" means a law enforcement agency
16that does not receive State funding, but signs an agreement of
17intergovernmental cooperation with the Department to perform
18the duties of an I SEARCH Unit.
19(Source: P.A. 85-1209.)
 
20    Section 1015. The Sexual Assault Survivors Emergency
21Treatment Act is amended by changing Section 1a as follows:
 
22    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
23    Sec. 1a. Definitions. In this Act:
24    "Ambulance provider" means an individual or entity that

 

 

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1owns and operates a business or service using ambulances or
2emergency medical services vehicles to transport emergency
3patients.
4    "Areawide sexual assault treatment plan" means a plan,
5developed by the hospitals in the community or area to be
6served, which provides for hospital emergency services to
7sexual assault survivors that shall be made available by each
8of the participating hospitals.
9    "Department" means the Department of Public Health.
10    "Emergency contraception" means medication as approved by
11the federal Food and Drug Administration (FDA) that can
12significantly reduce the risk of pregnancy if taken within 72
13hours after sexual assault.
14    "Follow-up healthcare" means healthcare services related
15to a sexual assault, including laboratory services and pharmacy
16services, rendered within 90 days of the initial visit for
17hospital emergency services.
18    "Forensic services" means the collection of evidence
19pursuant to a statewide sexual assault evidence collection
20program administered by the Department of State Police, using
21the Illinois State Police Sexual Assault Evidence Collection
22Kit.
23    "Health care professional" means a physician, a physician
24assistant, or an advanced practice nurse.
25    "Hospital" has the meaning given to that term in the
26Hospital Licensing Act.

 

 

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1    "Hospital emergency services" means healthcare delivered
2to outpatients within or under the care and supervision of
3personnel working in a designated emergency department of a
4hospital, including, but not limited to, care ordered by such
5personnel for a sexual assault survivor in the emergency
6department.
7    "Illinois State Police Sexual Assault Evidence Collection
8Kit" means a prepackaged set of materials and forms to be used
9for the collection of evidence relating to sexual assault. The
10standardized evidence collection kit for the State of Illinois
11shall be the Illinois State Police Sexual Assault Evidence
12Collection Kit.
13    "Nurse" means a nurse licensed under the Nurse Practice
14Act.
15    "Physician" means a person licensed to practice medicine in
16all its branches.
17    "Sexual assault" means an act of nonconsensual sexual
18conduct or sexual penetration, as defined in Section 11-0.1
1912-12 of the Criminal Code of 1961, including, without
20limitation, acts prohibited under Sections 11-1.20 through
2111-1.60 12-13 through 12-16 of the Criminal Code of 1961.
22    "Sexual assault survivor" means a person who presents for
23hospital emergency services in relation to injuries or trauma
24resulting from a sexual assault.
25    "Sexual assault transfer plan" means a written plan
26developed by a hospital and approved by the Department, which

 

 

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1describes the hospital's procedures for transferring sexual
2assault survivors to another hospital in order to receive
3emergency treatment.
4    "Sexual assault treatment plan" means a written plan
5developed by a hospital that describes the hospital's
6procedures and protocols for providing hospital emergency
7services and forensic services to sexual assault survivors who
8present themselves for such services, either directly or
9through transfer from another hospital.
10    "Transfer services" means the appropriate medical
11screening examination and necessary stabilizing treatment
12prior to the transfer of a sexual assault survivor to a
13hospital that provides hospital emergency services and
14forensic services to sexual assault survivors pursuant to a
15sexual assault treatment plan or areawide sexual assault
16treatment plan.
17(Source: P.A. 95-432, eff. 1-1-08; 96-328, eff. 8-11-09.)
 
18    Section 1020. The Consent by Minors to Medical Procedures
19Act is amended by changing Section 3 as follows:
 
20    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
21    Sec. 3. (a) Where a hospital, a physician licensed to
22practice medicine or surgery, an advanced practice nurse who
23has a written collaborative agreement with a collaborating
24physician that authorizes provision of services for minors, or

 

 

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1a physician assistant who has been delegated authority to
2provide services for minors renders emergency treatment or
3first aid or a licensed dentist renders emergency dental
4treatment to a minor, consent of the minor's parent or legal
5guardian need not be obtained if, in the sole opinion of the
6physician, advanced practice nurse, physician assistant,
7dentist, or hospital, the obtaining of consent is not
8reasonably feasible under the circumstances without adversely
9affecting the condition of such minor's health.
10    (b) Where a minor is the victim of a predatory criminal
11sexual assault of a child, aggravated criminal sexual assault,
12criminal sexual assault, aggravated criminal sexual abuse or
13criminal sexual abuse, as provided in Sections 11-1.20 through
1411-1.60 12-13 through 12-16 of the Criminal Code of 1961, as
15now or hereafter amended, the consent of the minor's parent or
16legal guardian need not be obtained to authorize a hospital,
17physician, advanced practice nurse, physician assistant, or
18other medical personnel to furnish medical care or counseling
19related to the diagnosis or treatment of any disease or injury
20arising from such offense. The minor may consent to such
21counseling, diagnosis or treatment as if the minor had reached
22his or her age of majority. Such consent shall not be voidable,
23nor subject to later disaffirmance, because of minority.
24(Source: P.A. 93-962, eff. 8-20-04.)
 
25    Section 1025. The Illinois Vehicle Code is amended by

 

 

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1changing Sections 6-106.1, 6-206, and 6-508 as follows:
 
2    (625 ILCS 5/6-106.1)
3    Sec. 6-106.1. School bus driver permit.
4    (a) The Secretary of State shall issue a school bus driver
5permit to those applicants who have met all the requirements of
6the application and screening process under this Section to
7insure the welfare and safety of children who are transported
8on school buses throughout the State of Illinois. Applicants
9shall obtain the proper application required by the Secretary
10of State from their prospective or current employer and submit
11the completed application to the prospective or current
12employer along with the necessary fingerprint submission as
13required by the Department of State Police to conduct
14fingerprint based criminal background checks on current and
15future information available in the state system and current
16information available through the Federal Bureau of
17Investigation's system. Applicants who have completed the
18fingerprinting requirements shall not be subjected to the
19fingerprinting process when applying for subsequent permits or
20submitting proof of successful completion of the annual
21refresher course. Individuals who on the effective date of this
22Act possess a valid school bus driver permit that has been
23previously issued by the appropriate Regional School
24Superintendent are not subject to the fingerprinting
25provisions of this Section as long as the permit remains valid

 

 

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1and does not lapse. The applicant shall be required to pay all
2related application and fingerprinting fees as established by
3rule including, but not limited to, the amounts established by
4the Department of State Police and the Federal Bureau of
5Investigation to process fingerprint based criminal background
6investigations. All fees paid for fingerprint processing
7services under this Section shall be deposited into the State
8Police Services Fund for the cost incurred in processing the
9fingerprint based criminal background investigations. All
10other fees paid under this Section shall be deposited into the
11Road Fund for the purpose of defraying the costs of the
12Secretary of State in administering this Section. All
13applicants must:
14        1. be 21 years of age or older;
15        2. possess a valid and properly classified driver's
16    license issued by the Secretary of State;
17        3. possess a valid driver's license, which has not been
18    revoked, suspended, or canceled for 3 years immediately
19    prior to the date of application, or have not had his or
20    her commercial motor vehicle driving privileges
21    disqualified within the 3 years immediately prior to the
22    date of application;
23        4. successfully pass a written test, administered by
24    the Secretary of State, on school bus operation, school bus
25    safety, and special traffic laws relating to school buses
26    and submit to a review of the applicant's driving habits by

 

 

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1    the Secretary of State at the time the written test is
2    given;
3        5. demonstrate ability to exercise reasonable care in
4    the operation of school buses in accordance with rules
5    promulgated by the Secretary of State;
6        6. demonstrate physical fitness to operate school
7    buses by submitting the results of a medical examination,
8    including tests for drug use for each applicant not subject
9    to such testing pursuant to federal law, conducted by a
10    licensed physician, an advanced practice nurse who has a
11    written collaborative agreement with a collaborating
12    physician which authorizes him or her to perform medical
13    examinations, or a physician assistant who has been
14    delegated the performance of medical examinations by his or
15    her supervising physician within 90 days of the date of
16    application according to standards promulgated by the
17    Secretary of State;
18        7. affirm under penalties of perjury that he or she has
19    not made a false statement or knowingly concealed a
20    material fact in any application for permit;
21        8. have completed an initial classroom course,
22    including first aid procedures, in school bus driver safety
23    as promulgated by the Secretary of State; and after
24    satisfactory completion of said initial course an annual
25    refresher course; such courses and the agency or
26    organization conducting such courses shall be approved by

 

 

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1    the Secretary of State; failure to complete the annual
2    refresher course, shall result in cancellation of the
3    permit until such course is completed;
4        9. not have been convicted of 2 or more serious traffic
5    offenses, as defined by rule, within one year prior to the
6    date of application that may endanger the life or safety of
7    any of the driver's passengers within the duration of the
8    permit period;
9        10. not have been convicted of reckless driving,
10    aggravated reckless driving, driving while under the
11    influence of alcohol, other drug or drugs, intoxicating
12    compound or compounds or any combination thereof, or
13    reckless homicide resulting from the operation of a motor
14    vehicle within 3 years of the date of application;
15        11. not have been convicted of committing or attempting
16    to commit any one or more of the following offenses: (i)
17    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
18    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
19    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
20    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
21    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
22    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
23    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
24    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
25    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
26    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-6, 12-6.2, 12-7.1,

 

 

SB1310 Engrossed- 631 -LRB096 09456 RLC 19613 b

1    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
2    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16,
3    16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
4    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
5    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1,
6    33A-2, and 33D-1, and in subsection (b) of Section 8-1, and
7    in subsection (a) and subsection (b), clause (1), of
8    Section 12-4, and in subsection (A), clauses (a) and (b),
9    of Section 24-3, and those offenses contained in Article
10    29D of the Criminal Code of 1961; (ii) those offenses
11    defined in the Cannabis Control Act except those offenses
12    defined in subsections (a) and (b) of Section 4, and
13    subsection (a) of Section 5 of the Cannabis Control Act;
14    (iii) those offenses defined in the Illinois Controlled
15    Substances Act; (iv) those offenses defined in the
16    Methamphetamine Control and Community Protection Act; (v)
17    any offense committed or attempted in any other state or
18    against the laws of the United States, which if committed
19    or attempted in this State would be punishable as one or
20    more of the foregoing offenses; (vi) the offenses defined
21    in Section 4.1 and 5.1 of the Wrongs to Children Act or
22    Section 11-9.1A of the Criminal Code of 1961; (vii) those
23    offenses defined in Section 6-16 of the Liquor Control Act
24    of 1934; and (viii) those offenses defined in the
25    Methamphetamine Precursor Control Act; .
26        12. not have been repeatedly involved as a driver in

 

 

SB1310 Engrossed- 632 -LRB096 09456 RLC 19613 b

1    motor vehicle collisions or been repeatedly convicted of
2    offenses against laws and ordinances regulating the
3    movement of traffic, to a degree which indicates lack of
4    ability to exercise ordinary and reasonable care in the
5    safe operation of a motor vehicle or disrespect for the
6    traffic laws and the safety of other persons upon the
7    highway;
8        13. not have, through the unlawful operation of a motor
9    vehicle, caused an accident resulting in the death of any
10    person; and
11        14. not have, within the last 5 years, been adjudged to
12    be afflicted with or suffering from any mental disability
13    or disease.
14    (b) A school bus driver permit shall be valid for a period
15specified by the Secretary of State as set forth by rule. It
16shall be renewable upon compliance with subsection (a) of this
17Section.
18    (c) A school bus driver permit shall contain the holder's
19driver's license number, legal name, residence address, zip
20code, social security number and date of birth, a brief
21description of the holder and a space for signature. The
22Secretary of State may require a suitable photograph of the
23holder.
24    (d) The employer shall be responsible for conducting a
25pre-employment interview with prospective school bus driver
26candidates, distributing school bus driver applications and

 

 

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1medical forms to be completed by the applicant, and submitting
2the applicant's fingerprint cards to the Department of State
3Police that are required for the criminal background
4investigations. The employer shall certify in writing to the
5Secretary of State that all pre-employment conditions have been
6successfully completed including the successful completion of
7an Illinois specific criminal background investigation through
8the Department of State Police and the submission of necessary
9fingerprints to the Federal Bureau of Investigation for
10criminal history information available through the Federal
11Bureau of Investigation system. The applicant shall present the
12certification to the Secretary of State at the time of
13submitting the school bus driver permit application.
14    (e) Permits shall initially be provisional upon receiving
15certification from the employer that all pre-employment
16conditions have been successfully completed, and upon
17successful completion of all training and examination
18requirements for the classification of the vehicle to be
19operated, the Secretary of State shall provisionally issue a
20School Bus Driver Permit. The permit shall remain in a
21provisional status pending the completion of the Federal Bureau
22of Investigation's criminal background investigation based
23upon fingerprinting specimens submitted to the Federal Bureau
24of Investigation by the Department of State Police. The Federal
25Bureau of Investigation shall report the findings directly to
26the Secretary of State. The Secretary of State shall remove the

 

 

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1bus driver permit from provisional status upon the applicant's
2successful completion of the Federal Bureau of Investigation's
3criminal background investigation.
4    (f) A school bus driver permit holder shall notify the
5employer and the Secretary of State if he or she is convicted
6in another state of an offense that would make him or her
7ineligible for a permit under subsection (a) of this Section.
8The written notification shall be made within 5 days of the
9entry of the conviction. Failure of the permit holder to
10provide the notification is punishable as a petty offense for a
11first violation and a Class B misdemeanor for a second or
12subsequent violation.
13    (g) Cancellation; suspension; notice and procedure.
14        (1) The Secretary of State shall cancel a school bus
15    driver permit of an applicant whose criminal background
16    investigation discloses that he or she is not in compliance
17    with the provisions of subsection (a) of this Section.
18        (2) The Secretary of State shall cancel a school bus
19    driver permit when he or she receives notice that the
20    permit holder fails to comply with any provision of this
21    Section or any rule promulgated for the administration of
22    this Section.
23        (3) The Secretary of State shall cancel a school bus
24    driver permit if the permit holder's restricted commercial
25    or commercial driving privileges are withdrawn or
26    otherwise invalidated.

 

 

SB1310 Engrossed- 635 -LRB096 09456 RLC 19613 b

1        (4) The Secretary of State may not issue a school bus
2    driver permit for a period of 3 years to an applicant who
3    fails to obtain a negative result on a drug test as
4    required in item 6 of subsection (a) of this Section or
5    under federal law.
6        (5) The Secretary of State shall forthwith suspend a
7    school bus driver permit for a period of 3 years upon
8    receiving notice that the holder has failed to obtain a
9    negative result on a drug test as required in item 6 of
10    subsection (a) of this Section or under federal law.
11        (6) The Secretary of State shall suspend a school bus
12    driver permit for a period of 3 years upon receiving notice
13    from the employer that the holder failed to perform the
14    inspection procedure set forth in subsection (a) or (b) of
15    Section 12-816 of this Code.
16    The Secretary of State shall notify the State
17Superintendent of Education and the permit holder's
18prospective or current employer that the applicant has (1) has
19failed a criminal background investigation or (2) is no longer
20eligible for a school bus driver permit; and of the related
21cancellation of the applicant's provisional school bus driver
22permit. The cancellation shall remain in effect pending the
23outcome of a hearing pursuant to Section 2-118 of this Code.
24The scope of the hearing shall be limited to the issuance
25criteria contained in subsection (a) of this Section. A
26petition requesting a hearing shall be submitted to the

 

 

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1Secretary of State and shall contain the reason the individual
2feels he or she is entitled to a school bus driver permit. The
3permit holder's employer shall notify in writing to the
4Secretary of State that the employer has certified the removal
5of the offending school bus driver from service prior to the
6start of that school bus driver's next workshift. An employing
7school board that fails to remove the offending school bus
8driver from service is subject to the penalties defined in
9Section 3-14.23 of the School Code. A school bus contractor who
10violates a provision of this Section is subject to the
11penalties defined in Section 6-106.11.
12    All valid school bus driver permits issued under this
13Section prior to January 1, 1995, shall remain effective until
14their expiration date unless otherwise invalidated.
15    (h) When a school bus driver permit holder who is a service
16member is called to active duty, the employer of the permit
17holder shall notify the Secretary of State, within 30 days of
18notification from the permit holder, that the permit holder has
19been called to active duty. Upon notification pursuant to this
20subsection, (i) the Secretary of State shall characterize the
21permit as inactive until a permit holder renews the permit as
22provided in subsection (i) of this Section, and (ii) if a
23permit holder fails to comply with the requirements of this
24Section while called to active duty, the Secretary of State
25shall not characterize the permit as invalid.
26    (i) A school bus driver permit holder who is a service

 

 

SB1310 Engrossed- 637 -LRB096 09456 RLC 19613 b

1member returning from active duty must, within 90 days, renew a
2permit characterized as inactive pursuant to subsection (h) of
3this Section by complying with the renewal requirements of
4subsection (b) of this Section.
5    (j) For purposes of subsections (h) and (i) of this
6Section:
7    "Active duty" means active duty pursuant to an executive
8order of the President of the United States, an act of the
9Congress of the United States, or an order of the Governor.
10    "Service member" means a member of the Armed Services or
11reserve forces of the United States or a member of the Illinois
12National Guard.
13(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1496-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
157-22-10; revised 9-2-10.)
 
16    (625 ILCS 5/6-206)
17    (Text of Section before amendment by P.A. 96-1344)
18    Sec. 6-206. Discretionary authority to suspend or revoke
19license or permit; Right to a hearing.
20    (a) The Secretary of State is authorized to suspend or
21revoke the driving privileges of any person without preliminary
22hearing upon a showing of the person's records or other
23sufficient evidence that the person:
24        1. Has committed an offense for which mandatory
25    revocation of a driver's license or permit is required upon

 

 

SB1310 Engrossed- 638 -LRB096 09456 RLC 19613 b

1    conviction;
2        2. Has been convicted of not less than 3 offenses
3    against traffic regulations governing the movement of
4    vehicles committed within any 12 month period. No
5    revocation or suspension shall be entered more than 6
6    months after the date of last conviction;
7        3. Has been repeatedly involved as a driver in motor
8    vehicle collisions or has been repeatedly convicted of
9    offenses against laws and ordinances regulating the
10    movement of traffic, to a degree that indicates lack of
11    ability to exercise ordinary and reasonable care in the
12    safe operation of a motor vehicle or disrespect for the
13    traffic laws and the safety of other persons upon the
14    highway;
15        4. Has by the unlawful operation of a motor vehicle
16    caused or contributed to an accident resulting in injury
17    requiring immediate professional treatment in a medical
18    facility or doctor's office to any person, except that any
19    suspension or revocation imposed by the Secretary of State
20    under the provisions of this subsection shall start no
21    later than 6 months after being convicted of violating a
22    law or ordinance regulating the movement of traffic, which
23    violation is related to the accident, or shall start not
24    more than one year after the date of the accident,
25    whichever date occurs later;
26        5. Has permitted an unlawful or fraudulent use of a

 

 

SB1310 Engrossed- 639 -LRB096 09456 RLC 19613 b

1    driver's license, identification card, or permit;
2        6. Has been lawfully convicted of an offense or
3    offenses in another state, including the authorization
4    contained in Section 6-203.1, which if committed within
5    this State would be grounds for suspension or revocation;
6        7. Has refused or failed to submit to an examination
7    provided for by Section 6-207 or has failed to pass the
8    examination;
9        8. Is ineligible for a driver's license or permit under
10    the provisions of Section 6-103;
11        9. Has made a false statement or knowingly concealed a
12    material fact or has used false information or
13    identification in any application for a license,
14    identification card, or permit;
15        10. Has possessed, displayed, or attempted to
16    fraudulently use any license, identification card, or
17    permit not issued to the person;
18        11. Has operated a motor vehicle upon a highway of this
19    State when the person's driving privilege or privilege to
20    obtain a driver's license or permit was revoked or
21    suspended unless the operation was authorized by a
22    monitoring device driving permit, judicial driving permit
23    issued prior to January 1, 2009, probationary license to
24    drive, or a restricted driving permit issued under this
25    Code;
26        12. Has submitted to any portion of the application

 

 

SB1310 Engrossed- 640 -LRB096 09456 RLC 19613 b

1    process for another person or has obtained the services of
2    another person to submit to any portion of the application
3    process for the purpose of obtaining a license,
4    identification card, or permit for some other person;
5        13. Has operated a motor vehicle upon a highway of this
6    State when the person's driver's license or permit was
7    invalid under the provisions of Sections 6-107.1 and 6-110;
8        14. Has committed a violation of Section 6-301,
9    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
10    of the Illinois Identification Card Act;
11        15. Has been convicted of violating Section 21-2 of the
12    Criminal Code of 1961 relating to criminal trespass to
13    vehicles in which case, the suspension shall be for one
14    year;
15        16. Has been convicted of violating Section 11-204 of
16    this Code relating to fleeing from a peace officer;
17        17. Has refused to submit to a test, or tests, as
18    required under Section 11-501.1 of this Code and the person
19    has not sought a hearing as provided for in Section
20    11-501.1;
21        18. Has, since issuance of a driver's license or
22    permit, been adjudged to be afflicted with or suffering
23    from any mental disability or disease;
24        19. Has committed a violation of paragraph (a) or (b)
25    of Section 6-101 relating to driving without a driver's
26    license;

 

 

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1        20. Has been convicted of violating Section 6-104
2    relating to classification of driver's license;
3        21. Has been convicted of violating Section 11-402 of
4    this Code relating to leaving the scene of an accident
5    resulting in damage to a vehicle in excess of $1,000, in
6    which case the suspension shall be for one year;
7        22. Has used a motor vehicle in violating paragraph
8    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
9    the Criminal Code of 1961 relating to unlawful use of
10    weapons, in which case the suspension shall be for one
11    year;
12        23. Has, as a driver, been convicted of committing a
13    violation of paragraph (a) of Section 11-502 of this Code
14    for a second or subsequent time within one year of a
15    similar violation;
16        24. Has been convicted by a court-martial or punished
17    by non-judicial punishment by military authorities of the
18    United States at a military installation in Illinois of or
19    for a traffic related offense that is the same as or
20    similar to an offense specified under Section 6-205 or
21    6-206 of this Code;
22        25. Has permitted any form of identification to be used
23    by another in the application process in order to obtain or
24    attempt to obtain a license, identification card, or
25    permit;
26        26. Has altered or attempted to alter a license or has

 

 

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1    possessed an altered license, identification card, or
2    permit;
3        27. Has violated Section 6-16 of the Liquor Control Act
4    of 1934;
5        28. Has been convicted of the illegal possession, while
6    operating or in actual physical control, as a driver, of a
7    motor vehicle, of any controlled substance prohibited
8    under the Illinois Controlled Substances Act, any cannabis
9    prohibited under the Cannabis Control Act, or any
10    methamphetamine prohibited under the Methamphetamine
11    Control and Community Protection Act, in which case the
12    person's driving privileges shall be suspended for one
13    year, and any driver who is convicted of a second or
14    subsequent offense, within 5 years of a previous
15    conviction, for the illegal possession, while operating or
16    in actual physical control, as a driver, of a motor
17    vehicle, of any controlled substance prohibited under the
18    Illinois Controlled Substances Act, any cannabis
19    prohibited under the Cannabis Control Act, or any
20    methamphetamine prohibited under the Methamphetamine
21    Control and Community Protection Act shall be suspended for
22    5 years. Any defendant found guilty of this offense while
23    operating a motor vehicle, shall have an entry made in the
24    court record by the presiding judge that this offense did
25    occur while the defendant was operating a motor vehicle and
26    order the clerk of the court to report the violation to the

 

 

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1    Secretary of State;
2        29. Has been convicted of the following offenses that
3    were committed while the person was operating or in actual
4    physical control, as a driver, of a motor vehicle: criminal
5    sexual assault, predatory criminal sexual assault of a
6    child, aggravated criminal sexual assault, criminal sexual
7    abuse, aggravated criminal sexual abuse, juvenile pimping,
8    soliciting for a juvenile prostitute, promoting juvenile
9    prostitution as described in subdivision (a)(1), (a)(2),
10    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
11    and the manufacture, sale or delivery of controlled
12    substances or instruments used for illegal drug use or
13    abuse in which case the driver's driving privileges shall
14    be suspended for one year;
15        30. Has been convicted a second or subsequent time for
16    any combination of the offenses named in paragraph 29 of
17    this subsection, in which case the person's driving
18    privileges shall be suspended for 5 years;
19        31. Has refused to submit to a test as required by
20    Section 11-501.6 or has submitted to a test resulting in an
21    alcohol concentration of 0.08 or more or any amount of a
22    drug, substance, or compound resulting from the unlawful
23    use or consumption of cannabis as listed in the Cannabis
24    Control Act, a controlled substance as listed in the
25    Illinois Controlled Substances Act, an intoxicating
26    compound as listed in the Use of Intoxicating Compounds

 

 

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1    Act, or methamphetamine as listed in the Methamphetamine
2    Control and Community Protection Act, in which case the
3    penalty shall be as prescribed in Section 6-208.1;
4        32. Has been convicted of Section 24-1.2 of the
5    Criminal Code of 1961 relating to the aggravated discharge
6    of a firearm if the offender was located in a motor vehicle
7    at the time the firearm was discharged, in which case the
8    suspension shall be for 3 years;
9        33. Has as a driver, who was less than 21 years of age
10    on the date of the offense, been convicted a first time of
11    a violation of paragraph (a) of Section 11-502 of this Code
12    or a similar provision of a local ordinance;
13        34. Has committed a violation of Section 11-1301.5 of
14    this Code;
15        35. Has committed a violation of Section 11-1301.6 of
16    this Code;
17        36. Is under the age of 21 years at the time of arrest
18    and has been convicted of not less than 2 offenses against
19    traffic regulations governing the movement of vehicles
20    committed within any 24 month period. No revocation or
21    suspension shall be entered more than 6 months after the
22    date of last conviction;
23        37. Has committed a violation of subsection (c) of
24    Section 11-907 of this Code that resulted in damage to the
25    property of another or the death or injury of another;
26        38. Has been convicted of a violation of Section 6-20

 

 

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1    of the Liquor Control Act of 1934 or a similar provision of
2    a local ordinance;
3        39. Has committed a second or subsequent violation of
4    Section 11-1201 of this Code;
5        40. Has committed a violation of subsection (a-1) of
6    Section 11-908 of this Code;
7        41. Has committed a second or subsequent violation of
8    Section 11-605.1 of this Code within 2 years of the date of
9    the previous violation, in which case the suspension shall
10    be for 90 days;
11        42. Has committed a violation of subsection (a-1) of
12    Section 11-1301.3 of this Code;
13        43. Has received a disposition of court supervision for
14    a violation of subsection (a), (d), or (e) of Section 6-20
15    of the Liquor Control Act of 1934 or a similar provision of
16    a local ordinance, in which case the suspension shall be
17    for a period of 3 months;
18        44. Is under the age of 21 years at the time of arrest
19    and has been convicted of an offense against traffic
20    regulations governing the movement of vehicles after
21    having previously had his or her driving privileges
22    suspended or revoked pursuant to subparagraph 36 of this
23    Section; or
24        45. Has, in connection with or during the course of a
25    formal hearing conducted under Section 2-118 of this Code:
26    (i) committed perjury; (ii) submitted fraudulent or

 

 

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1    falsified documents; (iii) submitted documents that have
2    been materially altered; or (iv) submitted, as his or her
3    own, documents that were in fact prepared or composed for
4    another person.
5    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6and 27 of this subsection, license means any driver's license,
7any traffic ticket issued when the person's driver's license is
8deposited in lieu of bail, a suspension notice issued by the
9Secretary of State, a duplicate or corrected driver's license,
10a probationary driver's license or a temporary driver's
11license.
12    (b) If any conviction forming the basis of a suspension or
13revocation authorized under this Section is appealed, the
14Secretary of State may rescind or withhold the entry of the
15order of suspension or revocation, as the case may be, provided
16that a certified copy of a stay order of a court is filed with
17the Secretary of State. If the conviction is affirmed on
18appeal, the date of the conviction shall relate back to the
19time the original judgment of conviction was entered and the 6
20month limitation prescribed shall not apply.
21    (c) 1. Upon suspending or revoking the driver's license or
22permit of any person as authorized in this Section, the
23Secretary of State shall immediately notify the person in
24writing of the revocation or suspension. The notice to be
25deposited in the United States mail, postage prepaid, to the
26last known address of the person.

 

 

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1        2. If the Secretary of State suspends the driver's
2    license of a person under subsection 2 of paragraph (a) of
3    this Section, a person's privilege to operate a vehicle as
4    an occupation shall not be suspended, provided an affidavit
5    is properly completed, the appropriate fee received, and a
6    permit issued prior to the effective date of the
7    suspension, unless 5 offenses were committed, at least 2 of
8    which occurred while operating a commercial vehicle in
9    connection with the driver's regular occupation. All other
10    driving privileges shall be suspended by the Secretary of
11    State. Any driver prior to operating a vehicle for
12    occupational purposes only must submit the affidavit on
13    forms to be provided by the Secretary of State setting
14    forth the facts of the person's occupation. The affidavit
15    shall also state the number of offenses committed while
16    operating a vehicle in connection with the driver's regular
17    occupation. The affidavit shall be accompanied by the
18    driver's license. Upon receipt of a properly completed
19    affidavit, the Secretary of State shall issue the driver a
20    permit to operate a vehicle in connection with the driver's
21    regular occupation only. Unless the permit is issued by the
22    Secretary of State prior to the date of suspension, the
23    privilege to drive any motor vehicle shall be suspended as
24    set forth in the notice that was mailed under this Section.
25    If an affidavit is received subsequent to the effective
26    date of this suspension, a permit may be issued for the

 

 

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1    remainder of the suspension period.
2        The provisions of this subparagraph shall not apply to
3    any driver required to possess a CDL for the purpose of
4    operating a commercial motor vehicle.
5        Any person who falsely states any fact in the affidavit
6    required herein shall be guilty of perjury under Section
7    6-302 and upon conviction thereof shall have all driving
8    privileges revoked without further rights.
9        3. At the conclusion of a hearing under Section 2-118
10    of this Code, the Secretary of State shall either rescind
11    or continue an order of revocation or shall substitute an
12    order of suspension; or, good cause appearing therefor,
13    rescind, continue, change, or extend the order of
14    suspension. If the Secretary of State does not rescind the
15    order, the Secretary may upon application, to relieve undue
16    hardship (as defined by the rules of the Secretary of
17    State), issue a restricted driving permit granting the
18    privilege of driving a motor vehicle between the
19    petitioner's residence and petitioner's place of
20    employment or within the scope of the petitioner's
21    employment related duties, or to allow the petitioner to
22    transport himself or herself, or a family member of the
23    petitioner's household to a medical facility, to receive
24    necessary medical care, to allow the petitioner to
25    transport himself or herself to and from alcohol or drug
26    remedial or rehabilitative activity recommended by a

 

 

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1    licensed service provider, or to allow the petitioner to
2    transport himself or herself or a family member of the
3    petitioner's household to classes, as a student, at an
4    accredited educational institution, or to allow the
5    petitioner to transport children, elderly persons, or
6    disabled persons who do not hold driving privileges and are
7    living in the petitioner's household to and from daycare.
8    The petitioner must demonstrate that no alternative means
9    of transportation is reasonably available and that the
10    petitioner will not endanger the public safety or welfare.
11    Those multiple offenders identified in subdivision (b)4 of
12    Section 6-208 of this Code, however, shall not be eligible
13    for the issuance of a restricted driving permit.
14             (A) If a person's license or permit is revoked or
15        suspended due to 2 or more convictions of violating
16        Section 11-501 of this Code or a similar provision of a
17        local ordinance or a similar out-of-state offense, or
18        Section 9-3 of the Criminal Code of 1961, where the use
19        of alcohol or other drugs is recited as an element of
20        the offense, or a similar out-of-state offense, or a
21        combination of these offenses, arising out of separate
22        occurrences, that person, if issued a restricted
23        driving permit, may not operate a vehicle unless it has
24        been equipped with an ignition interlock device as
25        defined in Section 1-129.1.
26            (B) If a person's license or permit is revoked or

 

 

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1        suspended 2 or more times within a 10 year period due
2        to any combination of:
3                (i) a single conviction of violating Section
4            11-501 of this Code or a similar provision of a
5            local ordinance or a similar out-of-state offense
6            or Section 9-3 of the Criminal Code of 1961, where
7            the use of alcohol or other drugs is recited as an
8            element of the offense, or a similar out-of-state
9            offense; or
10                (ii) a statutory summary suspension under
11            Section 11-501.1; or
12                (iii) a suspension under Section 6-203.1;
13        arising out of separate occurrences; that person, if
14        issued a restricted driving permit, may not operate a
15        vehicle unless it has been equipped with an ignition
16        interlock device as defined in Section 1-129.1.
17            (C) The person issued a permit conditioned upon the
18        use of an ignition interlock device must pay to the
19        Secretary of State DUI Administration Fund an amount
20        not to exceed $30 per month. The Secretary shall
21        establish by rule the amount and the procedures, terms,
22        and conditions relating to these fees.
23            (D) If the restricted driving permit is issued for
24        employment purposes, then the prohibition against
25        operating a motor vehicle that is not equipped with an
26        ignition interlock device does not apply to the

 

 

SB1310 Engrossed- 651 -LRB096 09456 RLC 19613 b

1        operation of an occupational vehicle owned or leased by
2        that person's employer when used solely for employment
3        purposes.
4            (E) In each case the Secretary may issue a
5        restricted driving permit for a period deemed
6        appropriate, except that all permits shall expire
7        within one year from the date of issuance. The
8        Secretary may not, however, issue a restricted driving
9        permit to any person whose current revocation is the
10        result of a second or subsequent conviction for a
11        violation of Section 11-501 of this Code or a similar
12        provision of a local ordinance or any similar
13        out-of-state offense, or Section 9-3 of the Criminal
14        Code of 1961, where the use of alcohol or other drugs
15        is recited as an element of the offense, or any similar
16        out-of-state offense, or any combination of those
17        offenses, until the expiration of at least one year
18        from the date of the revocation. A restricted driving
19        permit issued under this Section shall be subject to
20        cancellation, revocation, and suspension by the
21        Secretary of State in like manner and for like cause as
22        a driver's license issued under this Code may be
23        cancelled, revoked, or suspended; except that a
24        conviction upon one or more offenses against laws or
25        ordinances regulating the movement of traffic shall be
26        deemed sufficient cause for the revocation,

 

 

SB1310 Engrossed- 652 -LRB096 09456 RLC 19613 b

1        suspension, or cancellation of a restricted driving
2        permit. The Secretary of State may, as a condition to
3        the issuance of a restricted driving permit, require
4        the applicant to participate in a designated driver
5        remedial or rehabilitative program. The Secretary of
6        State is authorized to cancel a restricted driving
7        permit if the permit holder does not successfully
8        complete the program.
9    (c-3) In the case of a suspension under paragraph 43 of
10subsection (a), reports received by the Secretary of State
11under this Section shall, except during the actual time the
12suspension is in effect, be privileged information and for use
13only by the courts, police officers, prosecuting authorities,
14the driver licensing administrator of any other state, the
15Secretary of State, or the parent or legal guardian of a driver
16under the age of 18. However, beginning January 1, 2008, if the
17person is a CDL holder, the suspension shall also be made
18available to the driver licensing administrator of any other
19state, the U.S. Department of Transportation, and the affected
20driver or motor carrier or prospective motor carrier upon
21request.
22    (c-4) In the case of a suspension under paragraph 43 of
23subsection (a), the Secretary of State shall notify the person
24by mail that his or her driving privileges and driver's license
25will be suspended one month after the date of the mailing of
26the notice.

 

 

SB1310 Engrossed- 653 -LRB096 09456 RLC 19613 b

1    (c-5) The Secretary of State may, as a condition of the
2reissuance of a driver's license or permit to an applicant
3whose driver's license or permit has been suspended before he
4or she reached the age of 21 years pursuant to any of the
5provisions of this Section, require the applicant to
6participate in a driver remedial education course and be
7retested under Section 6-109 of this Code.
8    (d) This Section is subject to the provisions of the
9Drivers License Compact.
10    (e) The Secretary of State shall not issue a restricted
11driving permit to a person under the age of 16 years whose
12driving privileges have been suspended or revoked under any
13provisions of this Code.
14    (f) In accordance with 49 C.F.R. 384, the Secretary of
15State may not issue a restricted driving permit for the
16operation of a commercial motor vehicle to a person holding a
17CDL whose driving privileges have been suspended, revoked,
18cancelled, or disqualified under any provisions of this Code.
19(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
20eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
21eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
22eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
2396-1305, eff. 1-1-11; revised 9-2-10.)
 
24    (Text of Section after amendment by P.A. 96-1344)
25    Sec. 6-206. Discretionary authority to suspend or revoke

 

 

SB1310 Engrossed- 654 -LRB096 09456 RLC 19613 b

1license or permit; Right to a hearing.
2    (a) The Secretary of State is authorized to suspend or
3revoke the driving privileges of any person without preliminary
4hearing upon a showing of the person's records or other
5sufficient evidence that the person:
6        1. Has committed an offense for which mandatory
7    revocation of a driver's license or permit is required upon
8    conviction;
9        2. Has been convicted of not less than 3 offenses
10    against traffic regulations governing the movement of
11    vehicles committed within any 12 month period. No
12    revocation or suspension shall be entered more than 6
13    months after the date of last conviction;
14        3. Has been repeatedly involved as a driver in motor
15    vehicle collisions or has been repeatedly convicted of
16    offenses against laws and ordinances regulating the
17    movement of traffic, to a degree that indicates lack of
18    ability to exercise ordinary and reasonable care in the
19    safe operation of a motor vehicle or disrespect for the
20    traffic laws and the safety of other persons upon the
21    highway;
22        4. Has by the unlawful operation of a motor vehicle
23    caused or contributed to an accident resulting in injury
24    requiring immediate professional treatment in a medical
25    facility or doctor's office to any person, except that any
26    suspension or revocation imposed by the Secretary of State

 

 

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1    under the provisions of this subsection shall start no
2    later than 6 months after being convicted of violating a
3    law or ordinance regulating the movement of traffic, which
4    violation is related to the accident, or shall start not
5    more than one year after the date of the accident,
6    whichever date occurs later;
7        5. Has permitted an unlawful or fraudulent use of a
8    driver's license, identification card, or permit;
9        6. Has been lawfully convicted of an offense or
10    offenses in another state, including the authorization
11    contained in Section 6-203.1, which if committed within
12    this State would be grounds for suspension or revocation;
13        7. Has refused or failed to submit to an examination
14    provided for by Section 6-207 or has failed to pass the
15    examination;
16        8. Is ineligible for a driver's license or permit under
17    the provisions of Section 6-103;
18        9. Has made a false statement or knowingly concealed a
19    material fact or has used false information or
20    identification in any application for a license,
21    identification card, or permit;
22        10. Has possessed, displayed, or attempted to
23    fraudulently use any license, identification card, or
24    permit not issued to the person;
25        11. Has operated a motor vehicle upon a highway of this
26    State when the person's driving privilege or privilege to

 

 

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1    obtain a driver's license or permit was revoked or
2    suspended unless the operation was authorized by a
3    monitoring device driving permit, judicial driving permit
4    issued prior to January 1, 2009, probationary license to
5    drive, or a restricted driving permit issued under this
6    Code;
7        12. Has submitted to any portion of the application
8    process for another person or has obtained the services of
9    another person to submit to any portion of the application
10    process for the purpose of obtaining a license,
11    identification card, or permit for some other person;
12        13. Has operated a motor vehicle upon a highway of this
13    State when the person's driver's license or permit was
14    invalid under the provisions of Sections 6-107.1 and 6-110;
15        14. Has committed a violation of Section 6-301,
16    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
17    of the Illinois Identification Card Act;
18        15. Has been convicted of violating Section 21-2 of the
19    Criminal Code of 1961 relating to criminal trespass to
20    vehicles in which case, the suspension shall be for one
21    year;
22        16. Has been convicted of violating Section 11-204 of
23    this Code relating to fleeing from a peace officer;
24        17. Has refused to submit to a test, or tests, as
25    required under Section 11-501.1 of this Code and the person
26    has not sought a hearing as provided for in Section

 

 

SB1310 Engrossed- 657 -LRB096 09456 RLC 19613 b

1    11-501.1;
2        18. Has, since issuance of a driver's license or
3    permit, been adjudged to be afflicted with or suffering
4    from any mental disability or disease;
5        19. Has committed a violation of paragraph (a) or (b)
6    of Section 6-101 relating to driving without a driver's
7    license;
8        20. Has been convicted of violating Section 6-104
9    relating to classification of driver's license;
10        21. Has been convicted of violating Section 11-402 of
11    this Code relating to leaving the scene of an accident
12    resulting in damage to a vehicle in excess of $1,000, in
13    which case the suspension shall be for one year;
14        22. Has used a motor vehicle in violating paragraph
15    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16    the Criminal Code of 1961 relating to unlawful use of
17    weapons, in which case the suspension shall be for one
18    year;
19        23. Has, as a driver, been convicted of committing a
20    violation of paragraph (a) of Section 11-502 of this Code
21    for a second or subsequent time within one year of a
22    similar violation;
23        24. Has been convicted by a court-martial or punished
24    by non-judicial punishment by military authorities of the
25    United States at a military installation in Illinois of or
26    for a traffic related offense that is the same as or

 

 

SB1310 Engrossed- 658 -LRB096 09456 RLC 19613 b

1    similar to an offense specified under Section 6-205 or
2    6-206 of this Code;
3        25. Has permitted any form of identification to be used
4    by another in the application process in order to obtain or
5    attempt to obtain a license, identification card, or
6    permit;
7        26. Has altered or attempted to alter a license or has
8    possessed an altered license, identification card, or
9    permit;
10        27. Has violated Section 6-16 of the Liquor Control Act
11    of 1934;
12        28. Has been convicted of the illegal possession, while
13    operating or in actual physical control, as a driver, of a
14    motor vehicle, of any controlled substance prohibited
15    under the Illinois Controlled Substances Act, any cannabis
16    prohibited under the Cannabis Control Act, or any
17    methamphetamine prohibited under the Methamphetamine
18    Control and Community Protection Act, in which case the
19    person's driving privileges shall be suspended for one
20    year, and any driver who is convicted of a second or
21    subsequent offense, within 5 years of a previous
22    conviction, for the illegal possession, while operating or
23    in actual physical control, as a driver, of a motor
24    vehicle, of any controlled substance prohibited under the
25    Illinois Controlled Substances Act, any cannabis
26    prohibited under the Cannabis Control Act, or any

 

 

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1    methamphetamine prohibited under the Methamphetamine
2    Control and Community Protection Act shall be suspended for
3    5 years. Any defendant found guilty of this offense while
4    operating a motor vehicle, shall have an entry made in the
5    court record by the presiding judge that this offense did
6    occur while the defendant was operating a motor vehicle and
7    order the clerk of the court to report the violation to the
8    Secretary of State;
9        29. Has been convicted of the following offenses that
10    were committed while the person was operating or in actual
11    physical control, as a driver, of a motor vehicle: criminal
12    sexual assault, predatory criminal sexual assault of a
13    child, aggravated criminal sexual assault, criminal sexual
14    abuse, aggravated criminal sexual abuse, juvenile pimping,
15    soliciting for a juvenile prostitute, promoting juvenile
16    prostitution as described in subdivision (a)(1), (a)(2),
17    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
18    and the manufacture, sale or delivery of controlled
19    substances or instruments used for illegal drug use or
20    abuse in which case the driver's driving privileges shall
21    be suspended for one year;
22        30. Has been convicted a second or subsequent time for
23    any combination of the offenses named in paragraph 29 of
24    this subsection, in which case the person's driving
25    privileges shall be suspended for 5 years;
26        31. Has refused to submit to a test as required by

 

 

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1    Section 11-501.6 or has submitted to a test resulting in an
2    alcohol concentration of 0.08 or more or any amount of a
3    drug, substance, or compound resulting from the unlawful
4    use or consumption of cannabis as listed in the Cannabis
5    Control Act, a controlled substance as listed in the
6    Illinois Controlled Substances Act, an intoxicating
7    compound as listed in the Use of Intoxicating Compounds
8    Act, or methamphetamine as listed in the Methamphetamine
9    Control and Community Protection Act, in which case the
10    penalty shall be as prescribed in Section 6-208.1;
11        32. Has been convicted of Section 24-1.2 of the
12    Criminal Code of 1961 relating to the aggravated discharge
13    of a firearm if the offender was located in a motor vehicle
14    at the time the firearm was discharged, in which case the
15    suspension shall be for 3 years;
16        33. Has as a driver, who was less than 21 years of age
17    on the date of the offense, been convicted a first time of
18    a violation of paragraph (a) of Section 11-502 of this Code
19    or a similar provision of a local ordinance;
20        34. Has committed a violation of Section 11-1301.5 of
21    this Code;
22        35. Has committed a violation of Section 11-1301.6 of
23    this Code;
24        36. Is under the age of 21 years at the time of arrest
25    and has been convicted of not less than 2 offenses against
26    traffic regulations governing the movement of vehicles

 

 

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1    committed within any 24 month period. No revocation or
2    suspension shall be entered more than 6 months after the
3    date of last conviction;
4        37. Has committed a violation of subsection (c) of
5    Section 11-907 of this Code that resulted in damage to the
6    property of another or the death or injury of another;
7        38. Has been convicted of a violation of Section 6-20
8    of the Liquor Control Act of 1934 or a similar provision of
9    a local ordinance;
10        39. Has committed a second or subsequent violation of
11    Section 11-1201 of this Code;
12        40. Has committed a violation of subsection (a-1) of
13    Section 11-908 of this Code;
14        41. Has committed a second or subsequent violation of
15    Section 11-605.1 of this Code within 2 years of the date of
16    the previous violation, in which case the suspension shall
17    be for 90 days;
18        42. Has committed a violation of subsection (a-1) of
19    Section 11-1301.3 of this Code;
20        43. Has received a disposition of court supervision for
21    a violation of subsection (a), (d), or (e) of Section 6-20
22    of the Liquor Control Act of 1934 or a similar provision of
23    a local ordinance, in which case the suspension shall be
24    for a period of 3 months;
25        44. Is under the age of 21 years at the time of arrest
26    and has been convicted of an offense against traffic

 

 

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1    regulations governing the movement of vehicles after
2    having previously had his or her driving privileges
3    suspended or revoked pursuant to subparagraph 36 of this
4    Section; or
5        45. Has, in connection with or during the course of a
6    formal hearing conducted under Section 2-118 of this Code:
7    (i) committed perjury; (ii) submitted fraudulent or
8    falsified documents; (iii) submitted documents that have
9    been materially altered; or (iv) submitted, as his or her
10    own, documents that were in fact prepared or composed for
11    another person.
12    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
13and 27 of this subsection, license means any driver's license,
14any traffic ticket issued when the person's driver's license is
15deposited in lieu of bail, a suspension notice issued by the
16Secretary of State, a duplicate or corrected driver's license,
17a probationary driver's license or a temporary driver's
18license.
19    (b) If any conviction forming the basis of a suspension or
20revocation authorized under this Section is appealed, the
21Secretary of State may rescind or withhold the entry of the
22order of suspension or revocation, as the case may be, provided
23that a certified copy of a stay order of a court is filed with
24the Secretary of State. If the conviction is affirmed on
25appeal, the date of the conviction shall relate back to the
26time the original judgment of conviction was entered and the 6

 

 

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1month limitation prescribed shall not apply.
2    (c) 1. Upon suspending or revoking the driver's license or
3permit of any person as authorized in this Section, the
4Secretary of State shall immediately notify the person in
5writing of the revocation or suspension. The notice to be
6deposited in the United States mail, postage prepaid, to the
7last known address of the person.
8        2. If the Secretary of State suspends the driver's
9    license of a person under subsection 2 of paragraph (a) of
10    this Section, a person's privilege to operate a vehicle as
11    an occupation shall not be suspended, provided an affidavit
12    is properly completed, the appropriate fee received, and a
13    permit issued prior to the effective date of the
14    suspension, unless 5 offenses were committed, at least 2 of
15    which occurred while operating a commercial vehicle in
16    connection with the driver's regular occupation. All other
17    driving privileges shall be suspended by the Secretary of
18    State. Any driver prior to operating a vehicle for
19    occupational purposes only must submit the affidavit on
20    forms to be provided by the Secretary of State setting
21    forth the facts of the person's occupation. The affidavit
22    shall also state the number of offenses committed while
23    operating a vehicle in connection with the driver's regular
24    occupation. The affidavit shall be accompanied by the
25    driver's license. Upon receipt of a properly completed
26    affidavit, the Secretary of State shall issue the driver a

 

 

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1    permit to operate a vehicle in connection with the driver's
2    regular occupation only. Unless the permit is issued by the
3    Secretary of State prior to the date of suspension, the
4    privilege to drive any motor vehicle shall be suspended as
5    set forth in the notice that was mailed under this Section.
6    If an affidavit is received subsequent to the effective
7    date of this suspension, a permit may be issued for the
8    remainder of the suspension period.
9        The provisions of this subparagraph shall not apply to
10    any driver required to possess a CDL for the purpose of
11    operating a commercial motor vehicle.
12        Any person who falsely states any fact in the affidavit
13    required herein shall be guilty of perjury under Section
14    6-302 and upon conviction thereof shall have all driving
15    privileges revoked without further rights.
16        3. At the conclusion of a hearing under Section 2-118
17    of this Code, the Secretary of State shall either rescind
18    or continue an order of revocation or shall substitute an
19    order of suspension; or, good cause appearing therefor,
20    rescind, continue, change, or extend the order of
21    suspension. If the Secretary of State does not rescind the
22    order, the Secretary may upon application, to relieve undue
23    hardship (as defined by the rules of the Secretary of
24    State), issue a restricted driving permit granting the
25    privilege of driving a motor vehicle between the
26    petitioner's residence and petitioner's place of

 

 

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1    employment or within the scope of the petitioner's
2    employment related duties, or to allow the petitioner to
3    transport himself or herself, or a family member of the
4    petitioner's household to a medical facility, to receive
5    necessary medical care, to allow the petitioner to
6    transport himself or herself to and from alcohol or drug
7    remedial or rehabilitative activity recommended by a
8    licensed service provider, or to allow the petitioner to
9    transport himself or herself or a family member of the
10    petitioner's household to classes, as a student, at an
11    accredited educational institution, or to allow the
12    petitioner to transport children, elderly persons, or
13    disabled persons who do not hold driving privileges and are
14    living in the petitioner's household to and from daycare.
15    The petitioner must demonstrate that no alternative means
16    of transportation is reasonably available and that the
17    petitioner will not endanger the public safety or welfare.
18    Those multiple offenders identified in subdivision (b)4 of
19    Section 6-208 of this Code, however, shall not be eligible
20    for the issuance of a restricted driving permit.
21             (A) If a person's license or permit is revoked or
22        suspended due to 2 or more convictions of violating
23        Section 11-501 of this Code or a similar provision of a
24        local ordinance or a similar out-of-state offense, or
25        Section 9-3 of the Criminal Code of 1961, where the use
26        of alcohol or other drugs is recited as an element of

 

 

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1        the offense, or a similar out-of-state offense, or a
2        combination of these offenses, arising out of separate
3        occurrences, that person, if issued a restricted
4        driving permit, may not operate a vehicle unless it has
5        been equipped with an ignition interlock device as
6        defined in Section 1-129.1.
7            (B) If a person's license or permit is revoked or
8        suspended 2 or more times within a 10 year period due
9        to any combination of:
10                (i) a single conviction of violating Section
11            11-501 of this Code or a similar provision of a
12            local ordinance or a similar out-of-state offense
13            or Section 9-3 of the Criminal Code of 1961, where
14            the use of alcohol or other drugs is recited as an
15            element of the offense, or a similar out-of-state
16            offense; or
17                (ii) a statutory summary suspension or
18            revocation under Section 11-501.1; or
19                (iii) a suspension under Section 6-203.1;
20        arising out of separate occurrences; that person, if
21        issued a restricted driving permit, may not operate a
22        vehicle unless it has been equipped with an ignition
23        interlock device as defined in Section 1-129.1.
24            (C) The person issued a permit conditioned upon the
25        use of an ignition interlock device must pay to the
26        Secretary of State DUI Administration Fund an amount

 

 

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1        not to exceed $30 per month. The Secretary shall
2        establish by rule the amount and the procedures, terms,
3        and conditions relating to these fees.
4            (D) If the restricted driving permit is issued for
5        employment purposes, then the prohibition against
6        operating a motor vehicle that is not equipped with an
7        ignition interlock device does not apply to the
8        operation of an occupational vehicle owned or leased by
9        that person's employer when used solely for employment
10        purposes.
11            (E) In each case the Secretary may issue a
12        restricted driving permit for a period deemed
13        appropriate, except that all permits shall expire
14        within one year from the date of issuance. The
15        Secretary may not, however, issue a restricted driving
16        permit to any person whose current revocation is the
17        result of a second or subsequent conviction for a
18        violation of Section 11-501 of this Code or a similar
19        provision of a local ordinance or any similar
20        out-of-state offense, or Section 9-3 of the Criminal
21        Code of 1961, where the use of alcohol or other drugs
22        is recited as an element of the offense, or any similar
23        out-of-state offense, or any combination of those
24        offenses, until the expiration of at least one year
25        from the date of the revocation. A restricted driving
26        permit issued under this Section shall be subject to

 

 

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1        cancellation, revocation, and suspension by the
2        Secretary of State in like manner and for like cause as
3        a driver's license issued under this Code may be
4        cancelled, revoked, or suspended; except that a
5        conviction upon one or more offenses against laws or
6        ordinances regulating the movement of traffic shall be
7        deemed sufficient cause for the revocation,
8        suspension, or cancellation of a restricted driving
9        permit. The Secretary of State may, as a condition to
10        the issuance of a restricted driving permit, require
11        the applicant to participate in a designated driver
12        remedial or rehabilitative program. The Secretary of
13        State is authorized to cancel a restricted driving
14        permit if the permit holder does not successfully
15        complete the program.
16    (c-3) In the case of a suspension under paragraph 43 of
17subsection (a), reports received by the Secretary of State
18under this Section shall, except during the actual time the
19suspension is in effect, be privileged information and for use
20only by the courts, police officers, prosecuting authorities,
21the driver licensing administrator of any other state, the
22Secretary of State, or the parent or legal guardian of a driver
23under the age of 18. However, beginning January 1, 2008, if the
24person is a CDL holder, the suspension shall also be made
25available to the driver licensing administrator of any other
26state, the U.S. Department of Transportation, and the affected

 

 

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1driver or motor carrier or prospective motor carrier upon
2request.
3    (c-4) In the case of a suspension under paragraph 43 of
4subsection (a), the Secretary of State shall notify the person
5by mail that his or her driving privileges and driver's license
6will be suspended one month after the date of the mailing of
7the notice.
8    (c-5) The Secretary of State may, as a condition of the
9reissuance of a driver's license or permit to an applicant
10whose driver's license or permit has been suspended before he
11or she reached the age of 21 years pursuant to any of the
12provisions of this Section, require the applicant to
13participate in a driver remedial education course and be
14retested under Section 6-109 of this Code.
15    (d) This Section is subject to the provisions of the
16Drivers License Compact.
17    (e) The Secretary of State shall not issue a restricted
18driving permit to a person under the age of 16 years whose
19driving privileges have been suspended or revoked under any
20provisions of this Code.
21    (f) In accordance with 49 C.F.R. 384, the Secretary of
22State may not issue a restricted driving permit for the
23operation of a commercial motor vehicle to a person holding a
24CDL whose driving privileges have been suspended, revoked,
25cancelled, or disqualified under any provisions of this Code.
26(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,

 

 

SB1310 Engrossed- 670 -LRB096 09456 RLC 19613 b

1eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
2eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
3eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
496-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
 
5    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
6    Sec. 6-508. Commercial Driver's License (CDL) -
7qualification standards.
8    (a) Testing.
9        (1) General. No person shall be issued an original or
10    renewal CDL unless that person is domiciled in this State.
11    The Secretary shall cause to be administered such tests as
12    the Secretary deems necessary to meet the requirements of
13    49 C.F.R. Part 383, subparts F, G, H, and J.
14        (2) Third party testing. The Secretary of state may
15    authorize a "third party tester", pursuant to 49 C.F.R.
16    Part 383.75, to administer the skills test or tests
17    specified by Federal Motor Carrier Safety Administration
18    pursuant to the Commercial Motor Vehicle Safety Act of 1986
19    and any appropriate federal rule.
20    (b) Waiver of Skills Test. The Secretary of State may waive
21the skills test specified in this Section for a driver
22applicant for a commercial driver license who meets the
23requirements of 49 C.F.R. Part 383.77 and Part 383.123.
24    (c) Limitations on issuance of a CDL. A CDL, or a
25commercial driver instruction permit, shall not be issued to a

 

 

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1person while the person is subject to a disqualification from
2driving a commercial motor vehicle, or unless otherwise
3permitted by this Code, while the person's driver's license is
4suspended, revoked or cancelled in any state, or any territory
5or province of Canada; nor may a CDL be issued to a person who
6has a CDL issued by any other state, or foreign jurisdiction,
7unless the person first surrenders all such licenses. No CDL
8shall be issued to or renewed for a person who does not meet
9the requirement of 49 CFR 391.41(b)(11). The requirement may be
10met with the aid of a hearing aid.
11    (c-1) The Secretary may issue a CDL with a school bus
12driver endorsement to allow a person to drive the type of bus
13described in subsection (d-5) of Section 6-104 of this Code.
14The CDL with a school bus driver endorsement may be issued only
15to a person meeting the following requirements:
16        (1) the person has submitted his or her fingerprints to
17    the Department of State Police in the form and manner
18    prescribed by the Department of State Police. These
19    fingerprints shall be checked against the fingerprint
20    records now and hereafter filed in the Department of State
21    Police and Federal Bureau of Investigation criminal
22    history records databases;
23        (2) the person has passed a written test, administered
24    by the Secretary of State, on charter bus operation,
25    charter bus safety, and certain special traffic laws
26    relating to school buses determined by the Secretary of

 

 

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1    State to be relevant to charter buses, and submitted to a
2    review of the driver applicant's driving habits by the
3    Secretary of State at the time the written test is given;
4        (3) the person has demonstrated physical fitness to
5    operate school buses by submitting the results of a medical
6    examination, including tests for drug use; and
7        (4) the person has not been convicted of committing or
8    attempting to commit any one or more of the following
9    offenses: (i) those offenses defined in Sections 8-1.2,
10    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
11    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
12    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
13    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
14    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
15    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
16    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
17    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
18    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
19    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
20    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
21    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
22    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
23    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
24    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
25    Section 8-1, and in subsection (a) and subsection (b),
26    clause (1), of Section 12-4, and in subsection (A), clauses

 

 

SB1310 Engrossed- 673 -LRB096 09456 RLC 19613 b

1    (a) and (b), of Section 24-3, and those offenses contained
2    in Article 29D of the Criminal Code of 1961; (ii) those
3    offenses defined in the Cannabis Control Act except those
4    offenses defined in subsections (a) and (b) of Section 4,
5    and subsection (a) of Section 5 of the Cannabis Control
6    Act; (iii) those offenses defined in the Illinois
7    Controlled Substances Act; (iv) those offenses defined in
8    the Methamphetamine Control and Community Protection Act;
9    (v) any offense committed or attempted in any other state
10    or against the laws of the United States, which if
11    committed or attempted in this State would be punishable as
12    one or more of the foregoing offenses; (vi) the offenses
13    defined in Sections 4.1 and 5.1 of the Wrongs to Children
14    Act or Section 11-9.1A of the Criminal Code of 1961; (vii)
15    those offenses defined in Section 6-16 of the Liquor
16    Control Act of 1934; and (viii) those offenses defined in
17    the Methamphetamine Precursor Control Act.
18    The Department of State Police shall charge a fee for
19conducting the criminal history records check, which shall be
20deposited into the State Police Services Fund and may not
21exceed the actual cost of the records check.
22    (c-2) The Secretary shall issue a CDL with a school bus
23endorsement to allow a person to drive a school bus as defined
24in this Section. The CDL shall be issued according to the
25requirements outlined in 49 C.F.R. 383. A person may not
26operate a school bus as defined in this Section without a

 

 

SB1310 Engrossed- 674 -LRB096 09456 RLC 19613 b

1school bus endorsement. The Secretary of State may adopt rules
2consistent with Federal guidelines to implement this
3subsection (c-2).
4    (d) Commercial driver instruction permit. A commercial
5driver instruction permit may be issued to any person holding a
6valid Illinois driver's license if such person successfully
7passes such tests as the Secretary determines to be necessary.
8A commercial driver instruction permit shall not be issued to a
9person who does not meet the requirements of 49 CFR 391.41
10(b)(11), except for the renewal of a commercial driver
11instruction permit for a person who possesses a commercial
12instruction permit prior to the effective date of this
13amendatory Act of 1999.
14(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
1596-1182, eff. 7-22-10.)
 
16    Section 1030. The Juvenile Court Act of 1987 is amended by
17changing Sections 1-8, 2-17, 2-25, 3-19, 3-26, 4-16, 4-23,
185-170, and 5-730 as follows:
 
19    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
20    Sec. 1-8. Confidentiality and accessibility of juvenile
21court records.
22    (A) Inspection and copying of juvenile court records
23relating to a minor who is the subject of a proceeding under
24this Act shall be restricted to the following:

 

 

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1        (1) The minor who is the subject of record, his
2    parents, guardian and counsel.
3        (2) Law enforcement officers and law enforcement
4    agencies when such information is essential to executing an
5    arrest or search warrant or other compulsory process, or to
6    conducting an ongoing investigation or relating to a minor
7    who has been adjudicated delinquent and there has been a
8    previous finding that the act which constitutes the
9    previous offense was committed in furtherance of criminal
10    activities by a criminal street gang.
11        Before July 1, 1994, for the purposes of this Section,
12    "criminal street gang" means any ongoing organization,
13    association, or group of 3 or more persons, whether formal
14    or informal, having as one of its primary activities the
15    commission of one or more criminal acts and that has a
16    common name or common identifying sign, symbol or specific
17    color apparel displayed, and whose members individually or
18    collectively engage in or have engaged in a pattern of
19    criminal activity.
20        Beginning July 1, 1994, for purposes of this Section,
21    "criminal street gang" has the meaning ascribed to it in
22    Section 10 of the Illinois Streetgang Terrorism Omnibus
23    Prevention Act.
24        (3) Judges, hearing officers, prosecutors, probation
25    officers, social workers or other individuals assigned by
26    the court to conduct a pre-adjudication or predisposition

 

 

SB1310 Engrossed- 676 -LRB096 09456 RLC 19613 b

1    investigation, and individuals responsible for supervising
2    or providing temporary or permanent care and custody for
3    minors pursuant to the order of the juvenile court when
4    essential to performing their responsibilities.
5        (4) Judges, prosecutors and probation officers:
6            (a) in the course of a trial when institution of
7        criminal proceedings has been permitted or required
8        under Section 5-805; or
9            (b) when criminal proceedings have been permitted
10        or required under Section 5-805 and a minor is the
11        subject of a proceeding to determine the amount of
12        bail; or
13            (c) when criminal proceedings have been permitted
14        or required under Section 5-805 and a minor is the
15        subject of a pre-trial investigation, pre-sentence
16        investigation or fitness hearing, or proceedings on an
17        application for probation; or
18            (d) when a minor becomes 17 years of age or older,
19        and is the subject of criminal proceedings, including a
20        hearing to determine the amount of bail, a pre-trial
21        investigation, a pre-sentence investigation, a fitness
22        hearing, or proceedings on an application for
23        probation.
24        (5) Adult and Juvenile Prisoner Review Boards.
25        (6) Authorized military personnel.
26        (7) Victims, their subrogees and legal

 

 

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1    representatives; however, such persons shall have access
2    only to the name and address of the minor and information
3    pertaining to the disposition or alternative adjustment
4    plan of the juvenile court.
5        (8) Persons engaged in bona fide research, with the
6    permission of the presiding judge of the juvenile court and
7    the chief executive of the agency that prepared the
8    particular records; provided that publication of such
9    research results in no disclosure of a minor's identity and
10    protects the confidentiality of the record.
11        (9) The Secretary of State to whom the Clerk of the
12    Court shall report the disposition of all cases, as
13    required in Section 6-204 of the Illinois Vehicle Code.
14    However, information reported relative to these offenses
15    shall be privileged and available only to the Secretary of
16    State, courts, and police officers.
17        (10) The administrator of a bonafide substance abuse
18    student assistance program with the permission of the
19    presiding judge of the juvenile court.
20        (11) Mental health professionals on behalf of the
21    Illinois Department of Corrections or the Department of
22    Human Services or prosecutors who are evaluating,
23    prosecuting, or investigating a potential or actual
24    petition brought under the Sexually Persons Commitment Act
25    relating to a person who is the subject of juvenile court
26    records or the respondent to a petition brought under the

 

 

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1    Sexually Violent Persons Commitment Act, who is the subject
2    of juvenile court records sought. Any records and any
3    information obtained from those records under this
4    paragraph (11) may be used only in sexually violent persons
5    commitment proceedings.
6    (A-1) Findings and exclusions of paternity entered in
7proceedings occurring under Article II of this Act shall be
8disclosed, in a manner and form approved by the Presiding Judge
9of the Juvenile Court, to the Department of Healthcare and
10Family Services when necessary to discharge the duties of the
11Department of Healthcare and Family Services under Article X of
12the Illinois Public Aid Code.
13    (B) A minor who is the victim in a juvenile proceeding
14shall be provided the same confidentiality regarding
15disclosure of identity as the minor who is the subject of
16record.
17    (C) Except as otherwise provided in this subsection (C),
18juvenile court records shall not be made available to the
19general public but may be inspected by representatives of
20agencies, associations and news media or other properly
21interested persons by general or special order of the court
22presiding over matters pursuant to this Act.
23        (0.1) In cases where the records concern a pending
24    juvenile court case, the party seeking to inspect the
25    juvenile court records shall provide actual notice to the
26    attorney or guardian ad litem of the minor whose records

 

 

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1    are sought.
2        (0.2) In cases where the records concern a juvenile
3    court case that is no longer pending, the party seeking to
4    inspect the juvenile court records shall provide actual
5    notice to the minor or the minor's parent or legal
6    guardian, and the matter shall be referred to the chief
7    judge presiding over matters pursuant to this Act.
8        (0.3) In determining whether the records should be
9    available for inspection, the court shall consider the
10    minor's interest in confidentiality and rehabilitation
11    over the moving party's interest in obtaining the
12    information. The State's Attorney, the minor, and the
13    minor's parents, guardian, and counsel shall at all times
14    have the right to examine court files and records. For
15    purposes of obtaining documents pursuant to this Section, a
16    civil subpoena is not an order of the court.
17        (0.4) Any records obtained in violation of this
18    subsection (C) shall not be admissible in any criminal or
19    civil proceeding, or operate to disqualify a minor from
20    subsequently holding public office, or operate as a
21    forfeiture of any public benefit, right, privilege, or
22    right to receive any license granted by public authority.
23        (1) The court shall allow the general public to have
24    access to the name, address, and offense of a minor who is
25    adjudicated a delinquent minor under this Act under either
26    of the following circumstances:

 

 

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1            (A) The adjudication of delinquency was based upon
2        the minor's commission of first degree murder, attempt
3        to commit first degree murder, aggravated criminal
4        sexual assault, or criminal sexual assault; or
5            (B) The court has made a finding that the minor was
6        at least 13 years of age at the time the act was
7        committed and the adjudication of delinquency was
8        based upon the minor's commission of: (i) an act in
9        furtherance of the commission of a felony as a member
10        of or on behalf of a criminal street gang, (ii) an act
11        involving the use of a firearm in the commission of a
12        felony, (iii) an act that would be a Class X felony
13        offense under or the minor's second or subsequent Class
14        2 or greater felony offense under the Cannabis Control
15        Act if committed by an adult, (iv) an act that would be
16        a second or subsequent offense under Section 402 of the
17        Illinois Controlled Substances Act if committed by an
18        adult, (v) an act that would be an offense under
19        Section 401 of the Illinois Controlled Substances Act
20        if committed by an adult, (vi) an act that would be a
21        second or subsequent offense under Section 60 of the
22        Methamphetamine Control and Community Protection Act,
23        or (vii) an act that would be an offense under another
24        Section of the Methamphetamine Control and Community
25        Protection Act.
26        (2) The court shall allow the general public to have

 

 

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1    access to the name, address, and offense of a minor who is
2    at least 13 years of age at the time the offense is
3    committed and who is convicted, in criminal proceedings
4    permitted or required under Section 5-4, under either of
5    the following circumstances:
6            (A) The minor has been convicted of first degree
7        murder, attempt to commit first degree murder,
8        aggravated criminal sexual assault, or criminal sexual
9        assault,
10            (B) The court has made a finding that the minor was
11        at least 13 years of age at the time the offense was
12        committed and the conviction was based upon the minor's
13        commission of: (i) an offense in furtherance of the
14        commission of a felony as a member of or on behalf of a
15        criminal street gang, (ii) an offense involving the use
16        of a firearm in the commission of a felony, (iii) a
17        Class X felony offense under or a second or subsequent
18        Class 2 or greater felony offense under the Cannabis
19        Control Act, (iv) a second or subsequent offense under
20        Section 402 of the Illinois Controlled Substances Act,
21        (v) an offense under Section 401 of the Illinois
22        Controlled Substances Act, (vi) an act that would be a
23        second or subsequent offense under Section 60 of the
24        Methamphetamine Control and Community Protection Act,
25        or (vii) an act that would be an offense under another
26        Section of the Methamphetamine Control and Community

 

 

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1        Protection Act.
2    (D) Pending or following any adjudication of delinquency
3for any offense defined in Sections 11-1.20 through 11-1.60 or
412-13 through 12-16 of the Criminal Code of 1961, the victim of
5any such offense shall receive the rights set out in Sections 4
6and 6 of the Bill of Rights for Victims and Witnesses of
7Violent Crime Act; and the juvenile who is the subject of the
8adjudication, notwithstanding any other provision of this Act,
9shall be treated as an adult for the purpose of affording such
10rights to the victim.
11    (E) Nothing in this Section shall affect the right of a
12Civil Service Commission or appointing authority of any state,
13county or municipality examining the character and fitness of
14an applicant for employment with a law enforcement agency,
15correctional institution, or fire department to ascertain
16whether that applicant was ever adjudicated to be a delinquent
17minor and, if so, to examine the records of disposition or
18evidence which were made in proceedings under this Act.
19    (F) Following any adjudication of delinquency for a crime
20which would be a felony if committed by an adult, or following
21any adjudication of delinquency for a violation of Section
2224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
23State's Attorney shall ascertain whether the minor respondent
24is enrolled in school and, if so, shall provide a copy of the
25dispositional order to the principal or chief administrative
26officer of the school. Access to such juvenile records shall be

 

 

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1limited to the principal or chief administrative officer of the
2school and any guidance counselor designated by him.
3    (G) Nothing contained in this Act prevents the sharing or
4disclosure of information or records relating or pertaining to
5juveniles subject to the provisions of the Serious Habitual
6Offender Comprehensive Action Program when that information is
7used to assist in the early identification and treatment of
8habitual juvenile offenders.
9    (H) When a Court hearing a proceeding under Article II of
10this Act becomes aware that an earlier proceeding under Article
11II had been heard in a different county, that Court shall
12request, and the Court in which the earlier proceedings were
13initiated shall transmit, an authenticated copy of the Court
14record, including all documents, petitions, and orders filed
15therein and the minute orders, transcript of proceedings, and
16docket entries of the Court.
17    (I) The Clerk of the Circuit Court shall report to the
18Department of State Police, in the form and manner required by
19the Department of State Police, the final disposition of each
20minor who has been arrested or taken into custody before his or
21her 17th birthday for those offenses required to be reported
22under Section 5 of the Criminal Identification Act. Information
23reported to the Department under this Section may be maintained
24with records that the Department files under Section 2.1 of the
25Criminal Identification Act.
26(Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
 

 

 

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1    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
2    Sec. 2-17. Guardian ad litem.
3    (1) Immediately upon the filing of a petition alleging that
4the minor is a person described in Sections 2-3 or 2-4 of this
5Article, the court shall appoint a guardian ad litem for the
6minor if:
7        (a) such petition alleges that the minor is an abused
8    or neglected child; or
9        (b) such petition alleges that charges alleging the
10    commission of any of the sex offenses defined in Article 11
11    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
12    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
13    Criminal Code of 1961, as amended, have been filed against
14    a defendant in any court and that such minor is the alleged
15    victim of the acts of defendant in the commission of such
16    offense.
17    Unless the guardian ad litem appointed pursuant to this
18paragraph (1) is an attorney at law he shall be represented in
19the performance of his duties by counsel. The guardian ad litem
20shall represent the best interests of the minor and shall
21present recommendations to the court consistent with that duty.
22    (2) Before proceeding with the hearing, the court shall
23appoint a guardian ad litem for the minor if
24        (a) no parent, guardian, custodian or relative of the
25    minor appears at the first or any subsequent hearing of the

 

 

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1    case;
2        (b) the petition prays for the appointment of a
3    guardian with power to consent to adoption; or
4        (c) the petition for which the minor is before the
5    court resulted from a report made pursuant to the Abused
6    and Neglected Child Reporting Act.
7    (3) The court may appoint a guardian ad litem for the minor
8whenever it finds that there may be a conflict of interest
9between the minor and his parents or other custodian or that it
10is otherwise in the minor's best interest to do so.
11    (4) Unless the guardian ad litem is an attorney, he shall
12be represented by counsel.
13    (5) The reasonable fees of a guardian ad litem appointed
14under this Section shall be fixed by the court and charged to
15the parents of the minor, to the extent they are able to pay.
16If the parents are unable to pay those fees, they shall be paid
17from the general fund of the county.
18    (6) A guardian ad litem appointed under this Section, shall
19receive copies of any and all classified reports of child abuse
20and neglect made under the Abused and Neglected Child Reporting
21Act in which the minor who is the subject of a report under the
22Abused and Neglected Child Reporting Act, is also the minor for
23whom the guardian ad litem is appointed under this Section.
24    (7) The appointed guardian ad litem shall remain the
25child's guardian ad litem throughout the entire juvenile trial
26court proceedings, including permanency hearings and

 

 

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1termination of parental rights proceedings, unless there is a
2substitution entered by order of the court.
3    (8) The guardian ad litem or an agent of the guardian ad
4litem shall have a minimum of one in-person contact with the
5minor and one contact with one of the current foster parents or
6caregivers prior to the adjudicatory hearing, and at least one
7additional in-person contact with the child and one contact
8with one of the current foster parents or caregivers after the
9adjudicatory hearing but prior to the first permanency hearing
10and one additional in-person contact with the child and one
11contact with one of the current foster parents or caregivers
12each subsequent year. For good cause shown, the judge may
13excuse face-to-face interviews required in this subsection.
14    (9) In counties with a population of 100,000 or more but
15less than 3,000,000, each guardian ad litem must successfully
16complete a training program approved by the Department of
17Children and Family Services. The Department of Children and
18Family Services shall provide training materials and documents
19to guardians ad litem who are not mandated to attend the
20training program. The Department of Children and Family
21Services shall develop and distribute to all guardians ad litem
22a bibliography containing information including but not
23limited to the juvenile court process, termination of parental
24rights, child development, medical aspects of child abuse, and
25the child's need for safety and permanence.
26(Source: P.A. 89-462, eff. 5-29-96; 90-27, eff. 1-1-98; 90-28,

 

 

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1eff. 1-1-98.)
 
2    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
3    Sec. 2-25. Order of protection.
4    (1) The court may make an order of protection in assistance
5of or as a condition of any other order authorized by this Act.
6The order of protection shall be based on the health, safety
7and best interests of the minor and may set forth reasonable
8conditions of behavior to be observed for a specified period.
9Such an order may require a person:
10        (a) to stay away from the home or the minor;
11        (b) to permit a parent to visit the minor at stated
12    periods;
13        (c) to abstain from offensive conduct against the
14    minor, his parent or any person to whom custody of the
15    minor is awarded;
16        (d) to give proper attention to the care of the home;
17        (e) to cooperate in good faith with an agency to which
18    custody of a minor is entrusted by the court or with an
19    agency or association to which the minor is referred by the
20    court;
21        (f) to prohibit and prevent any contact whatsoever with
22    the respondent minor by a specified individual or
23    individuals who are alleged in either a criminal or
24    juvenile proceeding to have caused injury to a respondent
25    minor or a sibling of a respondent minor;

 

 

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1        (g) to refrain from acts of commission or omission that
2    tend to make the home not a proper place for the minor;
3        (h) to refrain from contacting the minor and the foster
4    parents in any manner that is not specified in writing in
5    the case plan.
6    (2) The court shall enter an order of protection to
7prohibit and prevent any contact between a respondent minor or
8a sibling of a respondent minor and any person named in a
9petition seeking an order of protection who has been convicted
10of heinous battery under Section 12-4.1, aggravated battery of
11a child under Section 12-4.3, criminal sexual assault under
12Section 12-13, aggravated criminal sexual assault under
13Section 12-14, predatory criminal sexual assault of a child
14under Section 12-14.1, criminal sexual abuse under Section
1512-15, or aggravated criminal sexual abuse as described in
16under Section 12-16 of the Criminal Code of 1961, or has been
17convicted of an offense that resulted in the death of a child,
18or has violated a previous order of protection under this
19Section.
20    (3) When the court issues an order of protection against
21any person as provided by this Section, the court shall direct
22a copy of such order to the Sheriff of that county. The Sheriff
23shall furnish a copy of the order of protection to the
24Department of State Police within 24 hours of receipt, in the
25form and manner required by the Department. The Department of
26State Police shall maintain a complete record and index of such

 

 

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1orders of protection and make this data available to all local
2law enforcement agencies.
3    (4) After notice and opportunity for hearing afforded to a
4person subject to an order of protection, the order may be
5modified or extended for a further specified period or both or
6may be terminated if the court finds that the health, safety,
7and best interests of the minor and the public will be served
8thereby.
9    (5) An order of protection may be sought at any time during
10the course of any proceeding conducted pursuant to this Act if
11such an order is consistent with the health, safety, and best
12interests of the minor. Any person against whom an order of
13protection is sought may retain counsel to represent him at a
14hearing, and has rights to be present at the hearing, to be
15informed prior to the hearing in writing of the contents of the
16petition seeking a protective order and of the date, place and
17time of such hearing, and to cross examine witnesses called by
18the petitioner and to present witnesses and argument in
19opposition to the relief sought in the petition.
20    (6) Diligent efforts shall be made by the petitioner to
21serve any person or persons against whom any order of
22protection is sought with written notice of the contents of the
23petition seeking a protective order and of the date, place and
24time at which the hearing on the petition is to be held. When a
25protective order is being sought in conjunction with a
26temporary custody hearing, if the court finds that the person

 

 

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1against whom the protective order is being sought has been
2notified of the hearing or that diligent efforts have been made
3to notify such person, the court may conduct a hearing. If a
4protective order is sought at any time other than in
5conjunction with a temporary custody hearing, the court may not
6conduct a hearing on the petition in the absence of the person
7against whom the order is sought unless the petitioner has
8notified such person by personal service at least 3 days before
9the hearing or has sent written notice by first class mail to
10such person's last known address at least 5 days before the
11hearing.
12    (7) A person against whom an order of protection is being
13sought who is neither a parent, guardian, legal custodian or
14responsible relative as described in Section 1-5 is not a party
15or respondent as defined in that Section and shall not be
16entitled to the rights provided therein. Such person does not
17have a right to appointed counsel or to be present at any
18hearing other than the hearing in which the order of protection
19is being sought or a hearing directly pertaining to that order.
20Unless the court orders otherwise, such person does not have a
21right to inspect the court file.
22    (8) All protective orders entered under this Section shall
23be in writing. Unless the person against whom the order was
24obtained was present in court when the order was issued, the
25sheriff, other law enforcement official or special process
26server shall promptly serve that order upon that person and

 

 

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1file proof of such service, in the manner provided for service
2of process in civil proceedings. The person against whom the
3protective order was obtained may seek a modification of the
4order by filing a written motion to modify the order within 7
5days after actual receipt by the person of a copy of the order.
6Any modification of the order granted by the court must be
7determined to be consistent with the best interests of the
8minor.
9    (9) If a petition is filed charging a violation of a
10condition contained in the protective order and if the court
11determines that this violation is of a critical service
12necessary to the safety and welfare of the minor, the court may
13proceed to findings and an order for temporary custody.
14(Source: P.A. 95-405, eff. 6-1-08.)
 
15    (705 ILCS 405/3-19)  (from Ch. 37, par. 803-19)
16    Sec. 3-19. Guardian ad litem.
17    (1) Immediately upon the filing of a petition alleging that
18the minor requires authoritative intervention, the court may
19appoint a guardian ad litem for the minor if
20        (a) such petition alleges that the minor is the victim
21    of sexual abuse or misconduct; or
22        (b) such petition alleges that charges alleging the
23    commission of any of the sex offenses defined in Article 11
24    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
25    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the

 

 

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1    Criminal Code of 1961, as amended, have been filed against
2    a defendant in any court and that such minor is the alleged
3    victim of the acts of the defendant in the commission of
4    such offense.
5    (2) Unless the guardian ad litem appointed pursuant to
6paragraph (1) is an attorney at law he shall be represented in
7the performance of his duties by counsel.
8    (3) Before proceeding with the hearing, the court shall
9appoint a guardian ad litem for the minor if
10        (a) no parent, guardian, custodian or relative of the
11    minor appears at the first or any subsequent hearing of the
12    case;
13        (b) the petition prays for the appointment of a
14    guardian with power to consent to adoption; or
15        (c) the petition for which the minor is before the
16    court resulted from a report made pursuant to the Abused
17    and Neglected Child Reporting Act.
18    (4) The court may appoint a guardian ad litem for the minor
19whenever it finds that there may be a conflict of interest
20between the minor and his parents or other custodian or that it
21is otherwise in the minor's interest to do so.
22    (5) The reasonable fees of a guardian ad litem appointed
23under this Section shall be fixed by the court and charged to
24the parents of the minor, to the extent they are able to pay.
25If the parents are unable to pay those fees, they shall be paid
26from the general fund of the county.

 

 

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1(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
2    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
3    Sec. 3-26. Order of protection.
4    (1) The court may make an order of protection in assistance
5of or as a condition of any other order authorized by this Act.
6The order of protection may set forth reasonable conditions of
7behavior to be observed for a specified period. Such an order
8may require a person:
9        (a) To stay away from the home or the minor;
10        (b) To permit a parent to visit the minor at stated
11    periods;
12        (c) To abstain from offensive conduct against the
13    minor, his parent or any person to whom custody of the
14    minor is awarded;
15        (d) To give proper attention to the care of the home;
16        (e) To cooperate in good faith with an agency to which
17    custody of a minor is entrusted by the court or with an
18    agency or association to which the minor is referred by the
19    court;
20        (f) To prohibit and prevent any contact whatsoever with
21    the respondent minor by a specified individual or
22    individuals who are alleged in either a criminal or
23    juvenile proceeding to have caused injury to a respondent
24    minor or a sibling of a respondent minor;
25        (g) To refrain from acts of commission or omission that

 

 

SB1310 Engrossed- 694 -LRB096 09456 RLC 19613 b

1    tend to make the home not a proper place for the minor.
2    (2) The court shall enter an order of protection to
3prohibit and prevent any contact between a respondent minor or
4a sibling of a respondent minor and any person named in a
5petition seeking an order of protection who has been convicted
6of heinous battery under Section 12-4.1, aggravated battery of
7a child under Section 12-4.3, criminal sexual assault under
8Section 12-13, aggravated criminal sexual assault under
9Section 12-14, predatory criminal sexual assault of a child
10under Section 12-14.1, criminal sexual abuse under Section
1112-15, or aggravated criminal sexual abuse as described in
12under Section 12-16 of the Criminal Code of 1961, or has been
13convicted of an offense that resulted in the death of a child,
14or has violated a previous order of protection under this
15Section.
16    (3) When the court issues an order of protection against
17any person as provided by this Section, the court shall direct
18a copy of such order to the Sheriff of that county. The Sheriff
19shall furnish a copy of the order of protection to the
20Department of State Police within 24 hours of receipt, in the
21form and manner required by the Department. The Department of
22State Police shall maintain a complete record and index of such
23orders of protection and make this data available to all local
24law enforcement agencies.
25    (4) After notice and opportunity for hearing afforded to a
26person subject to an order of protection, the order may be

 

 

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1modified or extended for a further specified period or both or
2may be terminated if the court finds that the best interests of
3the minor and the public will be served thereby.
4    (5) An order of protection may be sought at any time during
5the course of any proceeding conducted pursuant to this Act.
6Any person against whom an order of protection is sought may
7retain counsel to represent him at a hearing, and has rights to
8be present at the hearing, to be informed prior to the hearing
9in writing of the contents of the petition seeking a protective
10order and of the date, place and time of such hearing, and to
11cross examine witnesses called by the petitioner and to present
12witnesses and argument in opposition to the relief sought in
13the petition.
14    (6) Diligent efforts shall be made by the petitioner to
15serve any person or persons against whom any order of
16protection is sought with written notice of the contents of the
17petition seeking a protective order and of the date, place and
18time at which the hearing on the petition is to be held. When a
19protective order is being sought in conjunction with a shelter
20care hearing, if the court finds that the person against whom
21the protective order is being sought has been notified of the
22hearing or that diligent efforts have been made to notify such
23person, the court may conduct a hearing. If a protective order
24is sought at any time other than in conjunction with a shelter
25care hearing, the court may not conduct a hearing on the
26petition in the absence of the person against whom the order is

 

 

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1sought unless the petitioner has notified such person by
2personal service at least 3 days before the hearing or has sent
3written notice by first class mail to such person's last known
4address at least 5 days before the hearing.
5    (7) A person against whom an order of protection is being
6sought who is neither a parent, guardian, legal custodian or
7responsible relative as described in Section 1-5 is not a party
8or respondent as defined in that Section and shall not be
9entitled to the rights provided therein. Such person does not
10have a right to appointed counsel or to be present at any
11hearing other than the hearing in which the order of protection
12is being sought or a hearing directly pertaining to that order.
13Unless the court orders otherwise, such person does not have a
14right to inspect the court file.
15    (8) All protective orders entered under this Section shall
16be in writing. Unless the person against whom the order was
17obtained was present in court when the order was issued, the
18sheriff, other law enforcement official or special process
19server shall promptly serve that order upon that person and
20file proof of such service, in the manner provided for service
21of process in civil proceedings. The person against whom the
22protective order was obtained may seek a modification of the
23order by filing a written motion to modify the order within 7
24days after actual receipt by the person of a copy of the order.
25(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
2690-655, eff. 7-30-98.)
 

 

 

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1    (705 ILCS 405/4-16)  (from Ch. 37, par. 804-16)
2    Sec. 4-16. Guardian ad litem.
3    (1) Immediately upon the filing of a petition alleging that
4the minor is a person described in Section 4-3 of this Act, the
5court may appoint a guardian ad litem for the minor if:
6        (a) such petition alleges that the minor is the victim
7    of sexual abuse or misconduct; or
8        (b) such petition alleges that charges alleging the
9    commission of any of the sex offenses defined in Article 11
10    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
12    Criminal Code of 1961, as amended, have been filed against
13    a defendant in any court and that such minor is the alleged
14    victim of the acts of the defendant in the commission of
15    such offense.
16    Unless the guardian ad litem appointed pursuant to this
17paragraph (1) is an attorney at law he shall be represented in
18the performance of his duties by counsel.
19    (2) Before proceeding with the hearing, the court shall
20appoint a guardian ad litem for the minor if
21        (a) no parent, guardian, custodian or relative of the
22    minor appears at the first or any subsequent hearing of the
23    case;
24        (b) the petition prays for the appointment of a
25    guardian with power to consent to adoption; or

 

 

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1        (c) the petition for which the minor is before the
2    court resulted from a report made pursuant to the Abused
3    and Neglected Child Reporting Act.
4    (3) The court may appoint a guardian ad litem for the minor
5whenever it finds that there may be a conflict of interest
6between the minor and his parents or other custodian or that it
7is otherwise in the minor's interest to do so.
8    (4) Unless the guardian ad litem is an attorney, he shall
9be represented by counsel.
10    (5) The reasonable fees of a guardian ad litem appointed
11under this Section shall be fixed by the court and charged to
12the parents of the minor, to the extent they are able to pay.
13If the parents are unable to pay those fees, they shall be paid
14from the general fund of the county.
15(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
16    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
17    Sec. 4-23. Order of protection.
18    (1) The court may make an order of protection in assistance
19of or as a condition of any other order authorized by this Act.
20The order of protection may set forth reasonable conditions of
21behavior to be observed for a specified period. Such an order
22may require a person:
23        (a) To stay away from the home or the minor;
24        (b) To permit a parent to visit the minor at stated
25    periods;

 

 

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1        (c) To abstain from offensive conduct against the
2    minor, his parent or any person to whom custody of the
3    minor is awarded;
4        (d) To give proper attention to the care of the home;
5        (e) To cooperate in good faith with an agency to which
6    custody of a minor is entrusted by the court or with an
7    agency or association to which the minor is referred by the
8    court;
9        (f) To prohibit and prevent any contact whatsoever with
10    the respondent minor by a specified individual or
11    individuals who are alleged in either a criminal or
12    juvenile proceeding to have caused injury to a respondent
13    minor or a sibling of a respondent minor;
14        (g) To refrain from acts of commission or omission that
15    tend to make the home not a proper place for the minor.
16    (2) The court shall enter an order of protection to
17prohibit and prevent any contact between a respondent minor or
18a sibling of a respondent minor and any person named in a
19petition seeking an order of protection who has been convicted
20of heinous battery under Section 12-4.1, aggravated battery of
21a child under Section 12-4.3, criminal sexual assault under
22Section 12-13, aggravated criminal sexual assault under
23Section 12-14, predatory criminal sexual assault of a child
24under Section 12-14.1, criminal sexual abuse under Section
2512-15, or aggravated criminal sexual abuse as described in
26under Section 12-16 of the Criminal Code of 1961, or has been

 

 

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1convicted of an offense that resulted in the death of a child,
2or has violated a previous order of protection under this
3Section.
4    (3) When the court issues an order of protection against
5any person as provided by this Section, the court shall direct
6a copy of such order to the Sheriff of that county. The Sheriff
7shall furnish a copy of the order of protection to the
8Department of State Police within 24 hours of receipt, in the
9form and manner required by the Department. The Department of
10State Police shall maintain a complete record and index of such
11orders of protection and make this data available to all local
12law enforcement agencies.
13    (4) After notice and opportunity for hearing afforded to a
14person subject to an order of protection, the order may be
15modified or extended for a further specified period or both or
16may be terminated if the court finds that the best interests of
17the minor and the public will be served thereby.
18    (5) An order of protection may be sought at any time during
19the course of any proceeding conducted pursuant to this Act.
20Any person against whom an order of protection is sought may
21retain counsel to represent him at a hearing, and has rights to
22be present at the hearing, to be informed prior to the hearing
23in writing of the contents of the petition seeking a protective
24order and of the date, place and time of such hearing, and to
25cross examine witnesses called by the petitioner and to present
26witnesses and argument in opposition to the relief sought in

 

 

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1the petition.
2    (6) Diligent efforts shall be made by the petitioner to
3serve any person or persons against whom any order of
4protection is sought with written notice of the contents of the
5petition seeking a protective order and of the date, place and
6time at which the hearing on the petition is to be held. When a
7protective order is being sought in conjunction with a shelter
8care hearing, if the court finds that the person against whom
9the protective order is being sought has been notified of the
10hearing or that diligent efforts have been made to notify such
11person, the court may conduct a hearing. If a protective order
12is sought at any time other than in conjunction with a shelter
13care hearing, the court may not conduct a hearing on the
14petition in the absence of the person against whom the order is
15sought unless the petitioner has notified such person by
16personal service at least 3 days before the hearing or has sent
17written notice by first class mail to such person's last known
18address at least 5 days before the hearing.
19    (7) A person against whom an order of protection is being
20sought who is neither a parent, guardian, legal custodian or
21responsible relative as described in Section 1-5 is not a party
22or respondent as defined in that Section and shall not be
23entitled to the rights provided therein. Such person does not
24have a right to appointed counsel or to be present at any
25hearing other than the hearing in which the order of protection
26is being sought or a hearing directly pertaining to that order.

 

 

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1Unless the court orders otherwise, such person does not have a
2right to inspect the court file.
3    (8) All protective orders entered under this Section shall
4be in writing. Unless the person against whom the order was
5obtained was present in court when the order was issued, the
6sheriff, other law enforcement official or special process
7server shall promptly serve that order upon that person and
8file proof of such service, in the manner provided for service
9of process in civil proceedings. The person against whom the
10protective order was obtained may seek a modification of the
11order by filing a written motion to modify the order within 7
12days after actual receipt by the person of a copy of the order.
13(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
1490-655, eff. 7-30-98.)
 
15    (705 ILCS 405/5-170)
16    Sec. 5-170. Representation by counsel.
17    (a) In a proceeding under this Article, a minor who was
18under 13 years of age at the time of the commission of an act
19that if committed by an adult would be a violation of Section
209-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30,
2111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2212-16 of the Criminal Code of 1961 must be represented by
23counsel during the entire custodial interrogation of the minor.
24    (b) In a judicial proceeding under this Article, a minor
25may not waive the right to the assistance of counsel in his or

 

 

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1her defense.
2(Source: P.A. 94-345, eff. 7-26-05.)
 
3    (705 ILCS 405/5-730)
4    Sec. 5-730. Order of protection.
5    (1) The court may make an order of protection in assistance
6of or as a condition of any other order authorized by this Act.
7The order of protection may set forth reasonable conditions of
8behavior to be observed for a specified period. The order may
9require a person:
10        (a) to stay away from the home or the minor;
11        (b) to permit a parent to visit the minor at stated
12    periods;
13        (c) to abstain from offensive conduct against the
14    minor, his or her parent or any person to whom custody of
15    the minor is awarded;
16        (d) to give proper attention to the care of the home;
17        (e) to cooperate in good faith with an agency to which
18    custody of a minor is entrusted by the court or with an
19    agency or association to which the minor is referred by the
20    court;
21        (f) to prohibit and prevent any contact whatsoever with
22    the respondent minor by a specified individual or
23    individuals who are alleged in either a criminal or
24    juvenile proceeding to have caused injury to a respondent
25    minor or a sibling of a respondent minor;

 

 

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1        (g) to refrain from acts of commission or omission that
2    tend to make the home not a proper place for the minor.
3    (2) The court shall enter an order of protection to
4prohibit and prevent any contact between a respondent minor or
5a sibling of a respondent minor and any person named in a
6petition seeking an order of protection who has been convicted
7of heinous battery under Section 12-4.1, aggravated battery of
8a child under Section 12-4.3, criminal sexual assault under
9Section 12-13, aggravated criminal sexual assault under
10Section 12-14, predatory criminal sexual assault of a child
11under Section 12-14.1, criminal sexual abuse under Section
1212-15, or aggravated criminal sexual abuse as described in
13under Section 12-16 of the Criminal Code of 1961, or has been
14convicted of an offense that resulted in the death of a child,
15or has violated a previous order of protection under this
16Section.
17    (3) When the court issues an order of protection against
18any person as provided by this Section, the court shall direct
19a copy of such order to the sheriff of that county. The sheriff
20shall furnish a copy of the order of protection to the
21Department of State Police within 24 hours of receipt, in the
22form and manner required by the Department. The Department of
23State Police shall maintain a complete record and index of the
24orders of protection and make this data available to all local
25law enforcement agencies.
26    (4) After notice and opportunity for hearing afforded to a

 

 

SB1310 Engrossed- 705 -LRB096 09456 RLC 19613 b

1person subject to an order of protection, the order may be
2modified or extended for a further specified period or both or
3may be terminated if the court finds that the best interests of
4the minor and the public will be served by the modification,
5extension, or termination.
6    (5) An order of protection may be sought at any time during
7the course of any proceeding conducted under this Act. Any
8person against whom an order of protection is sought may retain
9counsel to represent him or her at a hearing, and has rights to
10be present at the hearing, to be informed prior to the hearing
11in writing of the contents of the petition seeking a protective
12order and of the date, place, and time of the hearing, and to
13cross-examine witnesses called by the petitioner and to present
14witnesses and argument in opposition to the relief sought in
15the petition.
16    (6) Diligent efforts shall be made by the petitioner to
17serve any person or persons against whom any order of
18protection is sought with written notice of the contents of the
19petition seeking a protective order and of the date, place and
20time at which the hearing on the petition is to be held. When a
21protective order is being sought in conjunction with a shelter
22care or detention hearing, if the court finds that the person
23against whom the protective order is being sought has been
24notified of the hearing or that diligent efforts have been made
25to notify the person, the court may conduct a hearing. If a
26protective order is sought at any time other than in

 

 

SB1310 Engrossed- 706 -LRB096 09456 RLC 19613 b

1conjunction with a shelter care or detention hearing, the court
2may not conduct a hearing on the petition in the absence of the
3person against whom the order is sought unless the petitioner
4has notified the person by personal service at least 3 days
5before the hearing or has sent written notice by first class
6mail to the person's last known address at least 5 days before
7the hearing.
8    (7) A person against whom an order of protection is being
9sought who is neither a parent, guardian, or legal custodian or
10responsible relative as described in Section 1-5 of this Act or
11is not a party or respondent as defined in that Section shall
12not be entitled to the rights provided in that Section. The
13person does not have a right to appointed counsel or to be
14present at any hearing other than the hearing in which the
15order of protection is being sought or a hearing directly
16pertaining to that order. Unless the court orders otherwise,
17the person does not have a right to inspect the court file.
18    (8) All protective orders entered under this Section shall
19be in writing. Unless the person against whom the order was
20obtained was present in court when the order was issued, the
21sheriff, other law enforcement official, or special process
22server shall promptly serve that order upon that person and
23file proof of that service, in the manner provided for service
24of process in civil proceedings. The person against whom the
25protective order was obtained may seek a modification of the
26order by filing a written motion to modify the order within 7

 

 

SB1310 Engrossed- 707 -LRB096 09456 RLC 19613 b

1days after actual receipt by the person of a copy of the order.
2(Source: P.A. 90-590, eff. 1-1-99.)
 
3    Section 1035. The Criminal Code of 1961 is amended by
4changing Sections 1-6, 2-10.1, 3-5, 3-6, 8-2, 12-3.2, 12-11,
512-18.1, 12-30, 36-1, and 37-1 as follows:
 
6    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
7    Sec. 1-6. Place of trial.
8    (a) Generally.
9    Criminal actions shall be tried in the county where the
10offense was committed, except as otherwise provided by law. The
11State is not required to prove during trial that the alleged
12offense occurred in any particular county in this State. When a
13defendant contests the place of trial under this Section, all
14proceedings regarding this issue shall be conducted under
15Section 114-1 of the Code of Criminal Procedure of 1963. All
16objections of improper place of trial are waived by a defendant
17unless made before trial.
18    (b) Assailant and Victim in Different Counties.
19    If a person committing an offense upon the person of
20another is located in one county and his victim is located in
21another county at the time of the commission of the offense,
22trial may be had in either of said counties.
23    (c) Death and Cause of Death in Different Places or
24Undetermined.

 

 

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1    If cause of death is inflicted in one county and death
2ensues in another county, the offender may be tried in either
3county. If neither the county in which the cause of death was
4inflicted nor the county in which death ensued are known before
5trial, the offender may be tried in the county where the body
6was found.
7    (d) Offense Commenced Outside the State.
8    If the commission of an offense commenced outside the State
9is consummated within this State, the offender shall be tried
10in the county where the offense is consummated.
11    (e) Offenses Committed in Bordering Navigable Waters.
12    If an offense is committed on any of the navigable waters
13bordering on this State, the offender may be tried in any
14county adjacent to such navigable water.
15    (f) Offenses Committed while in Transit.
16    If an offense is committed upon any railroad car, vehicle,
17watercraft or aircraft passing within this State, and it cannot
18readily be determined in which county the offense was
19committed, the offender may be tried in any county through
20which such railroad car, vehicle, watercraft or aircraft has
21passed.
22    (g) Theft.
23    A person who commits theft of property may be tried in any
24county in which he exerted control over such property.
25    (h) Bigamy.
26    A person who commits the offense of bigamy may be tried in

 

 

SB1310 Engrossed- 709 -LRB096 09456 RLC 19613 b

1any county where the bigamous marriage or bigamous cohabitation
2has occurred.
3    (i) Kidnaping.
4    A person who commits the offense of kidnaping may be tried
5in any county in which his victim has traveled or has been
6confined during the course of the offense.
7    (j) Pandering.
8    A person who commits the offense of pandering as set forth
9in Section 11-14.3 may be tried in any county in which the
10prostitution was practiced or in any county in which any act in
11furtherance of the offense shall have been committed.
12    (k) Treason.
13    A person who commits the offense of treason may be tried in
14any county.
15    (l) Criminal Defamation.
16    If criminal defamation is spoken, printed or written in one
17county and is received or circulated in another or other
18counties, the offender shall be tried in the county where the
19defamation is spoken, printed or written. If the defamation is
20spoken, printed or written outside this state, or the offender
21resides outside this state, the offender may be tried in any
22county in this state in which the defamation was circulated or
23received.
24    (m) Inchoate Offenses.
25    A person who commits an inchoate offense may be tried in
26any county in which any act which is an element of the offense,

 

 

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1including the agreement in conspiracy, is committed.
2    (n) Accountability for Conduct of Another.
3    Where a person in one county solicits, aids, abets, agrees,
4or attempts to aid another in the planning or commission of an
5offense in another county, he may be tried for the offense in
6either county.
7    (o) Child Abduction.
8    A person who commits the offense of child abduction may be
9tried in any county in which his victim has traveled, been
10detained, concealed or removed to during the course of the
11offense. Notwithstanding the foregoing, unless for good cause
12shown, the preferred place of trial shall be the county of the
13residence of the lawful custodian.
14    (p) A person who commits the offense of narcotics
15racketeering may be tried in any county where cannabis or a
16controlled substance which is the basis for the charge of
17narcotics racketeering was used; acquired; transferred or
18distributed to, from or through; or any county where any act
19was performed to further the use; acquisition, transfer or
20distribution of said cannabis or controlled substance; any
21money, property, property interest, or any other asset
22generated by narcotics activities was acquired, used, sold,
23transferred or distributed to, from or through; or, any
24enterprise interest obtained as a result of narcotics
25racketeering was acquired, used, transferred or distributed
26to, from or through, or where any activity was conducted by the

 

 

SB1310 Engrossed- 711 -LRB096 09456 RLC 19613 b

1enterprise or any conduct to further the interests of such an
2enterprise.
3    (q) A person who commits the offense of money laundering
4may be tried in any county where any part of a financial
5transaction in criminally derived property took place or in any
6county where any money or monetary instrument which is the
7basis for the offense was acquired, used, sold, transferred or
8distributed to, from or through.
9    (r) A person who commits the offense of cannabis
10trafficking or controlled substance trafficking may be tried in
11any county.
12    (s) A person who commits the offense of online sale of
13stolen property, online theft by deception, or electronic
14fencing may be tried in any county where any one or more
15elements of the offense took place, regardless of whether the
16element of the offense was the result of acts by the accused,
17the victim or by another person, and regardless of whether the
18defendant was ever physically present within the boundaries of
19the county.
20    (t) A person who commits the offense of identity theft or
21aggravated identity theft may be tried in any one of the
22following counties in which: (1) the offense occurred; (2) the
23information used to commit the offense was illegally used; or
24(3) the victim resides.
25    If a person is charged with more than one violation of
26identity theft or aggravated identity theft and those

 

 

SB1310 Engrossed- 712 -LRB096 09456 RLC 19613 b

1violations may be tried in more than one county, any of those
2counties is a proper venue for all of the violations.
3(Source: P.A. 94-51, eff. 1-1-06; 94-179, eff. 7-12-05; 95-331,
4eff. 8-21-07.)
 
5    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
6    Sec. 2-10.1. "Severely or profoundly mentally retarded
7person" means a person (i) whose intelligence quotient does not
8exceed 40 or (ii) whose intelligence quotient does not exceed
955 and who suffers from significant mental illness to the
10extent that the person's ability to exercise rational judgment
11is impaired. In any proceeding in which the defendant is
12charged with committing a violation of Section 10-2, 10-5,
1311-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16 of this Code against
15a victim who is alleged to be a severely or profoundly mentally
16retarded person, any findings concerning the victim's status as
17a severely or profoundly mentally retarded person, made by a
18court after a judicial admission hearing concerning the victim
19under Articles V and VI of Chapter 4 of the Mental Health and
20Developmental Disabilities Code shall be admissible.
21(Source: P.A. 92-434, eff. 1-1-02.)
 
22    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
23    Sec. 3-5. General Limitations.
24    (a) A prosecution for: (1) first degree murder, attempt to

 

 

SB1310 Engrossed- 713 -LRB096 09456 RLC 19613 b

1commit first degree murder, second degree murder, involuntary
2manslaughter, reckless homicide, leaving the scene of a motor
3vehicle accident involving death or personal injuries under
4Section 11-401 of the Illinois Vehicle Code, failing to give
5information and render aid under Section 11-403 of the Illinois
6Vehicle Code, concealment of homicidal death, treason, arson,
7aggravated arson, forgery, child pornography under paragraph
8(1) of subsection (a) of Section 11-20.1, aggravated child
9pornography under paragraph (1) of subsection (a) of Section
1011-20.1B 11-20.3, or (2) any offense involving sexual conduct
11or sexual penetration, as defined by Section 11-0.1 12-12 of
12this Code in which the DNA profile of the offender is obtained
13and entered into a DNA database within 10 years after the
14commission of the offense, may be commenced at any time. Clause
15(2) of this subsection (a) applies if either: (i) the victim
16reported the offense to law enforcement authorities within 3
17years after the commission of the offense unless a longer
18period for reporting the offense to law enforcement authorities
19is provided in Section 3-6 or (ii) the victim is murdered
20during the course of the offense or within 2 years after the
21commission of the offense.
22    (b) Unless the statute describing the offense provides
23otherwise, or the period of limitation is extended by Section
243-6, a prosecution for any offense not designated in Subsection
25(a) must be commenced within 3 years after the commission of
26the offense if it is a felony, or within one year and 6 months

 

 

SB1310 Engrossed- 714 -LRB096 09456 RLC 19613 b

1after its commission if it is a misdemeanor.
2(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
 
3    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
4    Sec. 3-6. Extended limitations. The period within which a
5prosecution must be commenced under the provisions of Section
63-5 or other applicable statute is extended under the following
7conditions:
8    (a) A prosecution for theft involving a breach of a
9fiduciary obligation to the aggrieved person may be commenced
10as follows:
11        (1) If the aggrieved person is a minor or a person
12    under legal disability, then during the minority or legal
13    disability or within one year after the termination
14    thereof.
15        (2) In any other instance, within one year after the
16    discovery of the offense by an aggrieved person, or by a
17    person who has legal capacity to represent an aggrieved
18    person or has a legal duty to report the offense, and is
19    not himself or herself a party to the offense; or in the
20    absence of such discovery, within one year after the proper
21    prosecuting officer becomes aware of the offense. However,
22    in no such case is the period of limitation so extended
23    more than 3 years beyond the expiration of the period
24    otherwise applicable.
25    (b) A prosecution for any offense based upon misconduct in

 

 

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1office by a public officer or employee may be commenced within
2one year after discovery of the offense by a person having a
3legal duty to report such offense, or in the absence of such
4discovery, within one year after the proper prosecuting officer
5becomes aware of the offense. However, in no such case is the
6period of limitation so extended more than 3 years beyond the
7expiration of the period otherwise applicable.
8    (c) (Blank).
9    (d) A prosecution for child pornography, aggravated child
10pornography, indecent solicitation of a child, soliciting for a
11juvenile prostitute, juvenile pimping, or exploitation of a
12child, or promoting juvenile prostitution except for keeping a
13place of juvenile prostitution may be commenced within one year
14of the victim attaining the age of 18 years. However, in no
15such case shall the time period for prosecution expire sooner
16than 3 years after the commission of the offense. When the
17victim is under 18 years of age, a prosecution for criminal
18sexual abuse may be commenced within one year of the victim
19attaining the age of 18 years. However, in no such case shall
20the time period for prosecution expire sooner than 3 years
21after the commission of the offense.
22    (e) Except as otherwise provided in subdivision (j), a
23prosecution for any offense involving sexual conduct or sexual
24penetration, as defined in Section 11-0.1 12-12 of this Code,
25where the defendant was within a professional or fiduciary
26relationship or a purported professional or fiduciary

 

 

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1relationship with the victim at the time of the commission of
2the offense may be commenced within one year after the
3discovery of the offense by the victim.
4    (f) A prosecution for any offense set forth in Section 44
5of the "Environmental Protection Act", approved June 29, 1970,
6as amended, may be commenced within 5 years after the discovery
7of such an offense by a person or agency having the legal duty
8to report the offense or in the absence of such discovery,
9within 5 years after the proper prosecuting officer becomes
10aware of the offense.
11    (f-5) A prosecution for any offense set forth in Section
1216G-15 or 16G-20 of this Code may be commenced within 5 years
13after the discovery of the offense by the victim of that
14offense.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced within 10 years of the commission of the offense if
21the victim reported the offense to law enforcement authorities
22within 3 years after the commission of the offense.
23    Nothing in this subdivision (i) shall be construed to
24shorten a period within which a prosecution must be commenced
25under any other provision of this Section.
26    (j) When the victim is under 18 years of age at the time of

 

 

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1the offense, a prosecution for criminal sexual assault,
2aggravated criminal sexual assault, predatory criminal sexual
3assault of a child, aggravated criminal sexual abuse, or felony
4criminal sexual abuse, or a prosecution for failure of a person
5who is required to report an alleged or suspected commission of
6any of these offenses under the Abused and Neglected Child
7Reporting Act may be commenced within 20 years after the child
8victim attains 18 years of age. When the victim is under 18
9years of age at the time of the offense, a prosecution for
10misdemeanor criminal sexual abuse may be commenced within 10
11years after the child victim attains 18 years of age.
12    Nothing in this subdivision (j) shall be construed to
13shorten a period within which a prosecution must be commenced
14under any other provision of this Section.
15    (k) A prosecution for theft involving real property
16exceeding $100,000 in value under Section 16-1, identity theft
17under Section 16G-15, aggravated identity theft under Section
1816G-20, or any offense set forth in Article 16H may be
19commenced within 7 years of the last act committed in
20furtherance of the crime.
21(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
 
22    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
23    Sec. 8-2. Conspiracy.
24    (a) Elements of the offense. A person commits the offense
25of conspiracy when, with intent that an offense be committed,

 

 

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1he or she agrees with another to the commission of that
2offense. No person may be convicted of conspiracy to commit an
3offense unless an act in furtherance of that agreement is
4alleged and proved to have been committed by him or her or by a
5co-conspirator.
6    (b) Co-conspirators. It is not a defense to conspiracy that
7the person or persons with whom the accused is alleged to have
8conspired:
9        (1) have not been prosecuted or convicted,
10        (2) have been convicted of a different offense,
11        (3) are not amenable to justice,
12        (4) have been acquitted, or
13        (5) lacked the capacity to commit an offense.
14    (c) Sentence.
15        (1) Except as otherwise provided in this subsection or
16    Code, a person convicted of conspiracy to commit:
17            (A) a Class X felony shall be sentenced for a Class
18        1 felony;
19            (B) a Class 1 felony shall be sentenced for a Class
20        2 felony;
21            (C) a Class 2 felony shall be sentenced for a Class
22        3 felony;
23            (D) a Class 3 felony shall be sentenced for a Class
24        4 felony;
25            (E) a Class 4 felony shall be sentenced for a Class
26        4 felony; and

 

 

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1            (F) a misdemeanor may be fined or imprisoned or
2        both not to exceed the maximum provided for the offense
3        that is the object of the conspiracy.
4        (2) A person convicted of conspiracy to commit any of
5    the following offenses shall be sentenced for a Class X
6    felony:
7            (A) aggravated insurance fraud conspiracy when the
8        person is an organizer of the conspiracy (720 ILCS
9        5/46-4); or
10            (B) aggravated governmental entity insurance fraud
11        conspiracy when the person is an organizer of the
12        conspiracy (720 ILCS 5/46-4).
13        (3) A person convicted of conspiracy to commit any of
14    the following offenses shall be sentenced for a Class 1
15    felony:
16            (A) first degree murder (720 ILCS 5/9-1); or
17            (B) aggravated insurance fraud (720 ILCS 5/46-3)
18        or aggravated governmental insurance fraud (720 ILCS
19        5/46-3).
20        (4) A person convicted of conspiracy to commit
21    insurance fraud (720 ILCS 5/46-3) or governmental entity
22    insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
23    Class 2 felony.
24        (5) A person convicted of conspiracy to commit any of
25    the following offenses shall be sentenced for a Class 3
26    felony:

 

 

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1            (A) soliciting for a prostitute (720 ILCS
2        5/11-14.3(a)(1) 5/11-15);
3            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
4        5/11-14.3(a)(2)(B) 5/11-16);
5            (C) keeping a place of prostitution (720 ILCS
6        5/11-14.3(a)(1) 5/11-17);
7            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C) 5/11-19);
8            (E) unlawful use of weapons under Section
9        24-1(a)(1) (720 ILCS 5/24-1(a)(1));
10            (F) unlawful use of weapons under Section
11        24-1(a)(7) (720 ILCS 5/24-1(a)(7));
12            (G) gambling (720 ILCS 5/28-1);
13            (H) keeping a gambling place (720 ILCS 5/28-3);
14            (I) registration of federal gambling stamps
15        violation (720 ILCS 5/28-4);
16            (J) look-alike substances violation (720 ILCS
17        570/404);
18            (K) miscellaneous controlled substance violation
19        under Section 406(b) (720 ILCS 570/406(b)); or
20            (L) an inchoate offense related to any of the
21        principal offenses set forth in this item (5).
22(Source: P.A. 96-710, eff. 1-1-10.)
 
23    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
24    Sec. 12-3.2. Domestic Battery.
25    (a) A person commits domestic battery if he intentionally

 

 

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1or knowingly without legal justification by any means:
2        (1) Causes bodily harm to any family or household
3    member as defined in subsection (3) of Section 112A-3 of
4    the Code of Criminal Procedure of 1963, as amended;
5        (2) Makes physical contact of an insulting or provoking
6    nature with any family or household member as defined in
7    subsection (3) of Section 112A-3 of the Code of Criminal
8    Procedure of 1963, as amended.
9    (b) Sentence. Domestic battery is a Class A misdemeanor.
10Domestic battery is a Class 4 felony if the defendant has any
11prior conviction under this Code for domestic battery (Section
1212-3.2) or violation of an order of protection (Section 12-30),
13or any prior conviction under the law of another jurisdiction
14for an offense which is substantially similar. Domestic battery
15is a Class 4 felony if the defendant has any prior conviction
16under this Code for first degree murder (Section 9-1), attempt
17to commit first degree murder (Section 8-4), aggravated
18domestic battery (Section 12-3.3), aggravated battery (Section
1912-4), heinous battery (Section 12-4.1), aggravated battery
20with a firearm (Section 12-4.2), aggravated battery of a child
21(Section 12-4.3), aggravated battery of an unborn child
22(Section 12-4.4), aggravated battery of a senior citizen
23(Section 12-4.6), stalking (Section 12-7.3), aggravated
24stalking (Section 12-7.4), criminal sexual assault (Section
2511-1.20 or 12-13), aggravated criminal sexual assault (Section
2611-1.30 or 12-14), kidnapping (Section 10-1), aggravated

 

 

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1kidnapping (Section 10-2), predatory criminal sexual assault
2of a child (Section 11-1.40 or 12-14.1), aggravated criminal
3sexual abuse (Section 11-1.60 or 12-16), unlawful restraint
4(Section 10-3), aggravated unlawful restraint (Section
510-3.1), aggravated arson (Section 20-1.1), or aggravated
6discharge of a firearm (Section 24-1.2), or any prior
7conviction under the law of another jurisdiction for any
8offense that is substantially similar to the offenses listed in
9this Section, when any of these offenses have been committed
10against a family or household member as defined in Section
11112A-3 of the Code of Criminal Procedure of 1963. In addition
12to any other sentencing alternatives, for any second or
13subsequent conviction of violating this Section, the offender
14shall be mandatorily sentenced to a minimum of 72 consecutive
15hours of imprisonment. The imprisonment shall not be subject to
16suspension, nor shall the person be eligible for probation in
17order to reduce the sentence.
18    (c) Domestic battery committed in the presence of a child.
19In addition to any other sentencing alternatives, a defendant
20who commits, in the presence of a child, a felony domestic
21battery (enhanced under subsection (b)), aggravated domestic
22battery (Section 12-3.3), aggravated battery (Section 12-4),
23unlawful restraint (Section 10-3), or aggravated unlawful
24restraint (Section 10-3.1) against a family or household
25member, as defined in Section 112A-3 of the Code of Criminal
26Procedure of 1963, shall be required to serve a mandatory

 

 

SB1310 Engrossed- 723 -LRB096 09456 RLC 19613 b

1minimum imprisonment of 10 days or perform 300 hours of
2community service, or both. The defendant shall further be
3liable for the cost of any counseling required for the child at
4the discretion of the court in accordance with subsection (b)
5of Section 5-5-6 of the Unified Code of Corrections. For
6purposes of this Section, "child" means a person under 18 years
7of age who is the defendant's or victim's child or step-child
8or who is a minor child residing within or visiting the
9household of the defendant or victim. For purposes of this
10Section, "in the presence of a child" means in the physical
11presence of a child or knowing or having reason to know that a
12child is present and may see or hear an act constituting one of
13the offenses listed in this subsection.
14    (d) Upon conviction of domestic battery, the court shall
15advise the defendant orally or in writing, substantially as
16follows: "An individual convicted of domestic battery may be
17subject to federal criminal penalties for possessing,
18transporting, shipping, or receiving any firearm or ammunition
19in violation of the federal Gun Control Act of 1968 (18 U.S.C.
20922(g)(8) and (9))." A notation shall be made in the court file
21that the admonition was given.
22(Source: P.A. 96-287, eff. 8-11-09.)
 
23    (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
24    Sec. 12-11. Home Invasion.
25    (a) A person who is not a peace officer acting in the line

 

 

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1of duty commits home invasion when without authority he or she
2knowingly enters the dwelling place of another when he or she
3knows or has reason to know that one or more persons is present
4or he or she knowingly enters the dwelling place of another and
5remains in such dwelling place until he or she knows or has
6reason to know that one or more persons is present or who
7falsely represents himself or herself, including but not
8limited to, falsely representing himself or herself to be a
9representative of any unit of government or a construction,
10telecommunications, or utility company, for the purpose of
11gaining entry to the dwelling place of another when he or she
12knows or has reason to know that one or more persons are
13present and
14        (1) While armed with a dangerous weapon, other than a
15    firearm, uses force or threatens the imminent use of force
16    upon any person or persons within such dwelling place
17    whether or not injury occurs, or
18        (2) Intentionally causes any injury, except as
19    provided in subsection (a)(5), to any person or persons
20    within such dwelling place, or
21        (3) While armed with a firearm uses force or threatens
22    the imminent use of force upon any person or persons within
23    such dwelling place whether or not injury occurs, or
24        (4) Uses force or threatens the imminent use of force
25    upon any person or persons within such dwelling place
26    whether or not injury occurs and during the commission of

 

 

SB1310 Engrossed- 725 -LRB096 09456 RLC 19613 b

1    the offense personally discharges a firearm, or
2        (5) Personally discharges a firearm that proximately
3    causes great bodily harm, permanent disability, permanent
4    disfigurement, or death to another person within such
5    dwelling place, or
6        (6) Commits, against any person or persons within that
7    dwelling place, a violation of Section 11-1.20, 11-1.30,
8    11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15,
9    or 12-16 of the Criminal Code of 1961.
10    (b) It is an affirmative defense to a charge of home
11invasion that the accused who knowingly enters the dwelling
12place of another and remains in such dwelling place until he or
13she knows or has reason to know that one or more persons is
14present either immediately leaves such premises or surrenders
15to the person or persons lawfully present therein without
16either attempting to cause or causing serious bodily injury to
17any person present therein.
18    (c) Sentence. Home invasion in violation of subsection
19(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
20subsection (a)(3) is a Class X felony for which 15 years shall
21be added to the term of imprisonment imposed by the court. A
22violation of subsection (a)(4) is a Class X felony for which 20
23years shall be added to the term of imprisonment imposed by the
24court. A violation of subsection (a)(5) is a Class X felony for
25which 25 years or up to a term of natural life shall be added to
26the term of imprisonment imposed by the court.

 

 

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1    (d) For purposes of this Section, "dwelling place of
2another" includes a dwelling place where the defendant
3maintains a tenancy interest but from which the defendant has
4been barred by a divorce decree, judgment of dissolution of
5marriage, order of protection, or other court order.
6(Source: P.A. 96-1113, eff. 1-1-11.)
 
7    (720 ILCS 5/12-18.1)  (from Ch. 38, par. 12-18.1)
8    Sec. 12-18.1. Civil Liability. (a) If any person has been
9convicted of any offense defined in Section 11-1.20, 11-1.30,
1011-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15, or 12-16 of
11this Act, a victim of such offense has a cause of action for
12damages against any person or entity who, by the manufacture,
13production, or wholesale distribution of any obscene material
14which was possessed or viewed by the person convicted of the
15offense, proximately caused such person, through his or her
16reading or viewing of the obscene material, to commit the
17violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1811-1.60, 12-13, 12-14, 12-15, or 12-16. No victim may recover
19in any such action unless he or she proves by a preponderance
20of the evidence that: (1) the reading or viewing of the
21specific obscene material manufactured, produced, or
22distributed wholesale by the defendant proximately caused the
23person convicted of the violation of Section 11-1.20, 11-1.30,
2411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15, or 12-16 to
25commit such violation and (2) the defendant knew or had reason

 

 

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1to know that the manufacture, production, or wholesale
2distribution of such material was likely to cause a violation
3of an offense substantially of the type enumerated.
4    (b) The manufacturer, producer or wholesale distributor
5shall be liable to the victim for:
6    (1) actual damages incurred by the victim, including
7medical costs;
8    (2) court costs and reasonable attorneys fees;
9    (3) infliction of emotional distress;
10    (4) pain and suffering; and
11    (5) loss of consortium.
12    (c) Every action under this Section shall be commenced
13within 3 years after the conviction of the defendant for a
14violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1511-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if
16the victim was under the age of 18 years at the time of the
17conviction of the defendant for a violation of Section 11-1.20,
1811-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or
1912-16 of this Code, an action under this Section shall be
20commenced within 3 years after the victim attains the age of 18
21years.
22    (d) For the purposes of this Section:
23    (1) "obscene" has the meaning ascribed to it in subsection
24(b) of Section 11-20 of this Code;
25    (2) "wholesale distributor" means any individual,
26partnership, corporation, association, or other legal entity

 

 

SB1310 Engrossed- 728 -LRB096 09456 RLC 19613 b

1which stands between the manufacturer and the retail seller in
2purchases, consignments, contracts for sale or rental of the
3obscene material;
4    (3) "producer" means any individual, partnership,
5corporation, association, or other legal entity which finances
6or supervises, to any extent, the production or making of
7obscene material;
8    (4) "manufacturer" means any individual, partnership,
9corporation, association, or other legal entity which
10manufacturers, assembles or produces obscene material.
11(Source: P.A. 86-857.)
 
12    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
13    Sec. 12-30. Violation of an order of protection.
14    (a) A person commits violation of an order of protection
15if:
16        (1) He or she commits an act which was prohibited by a
17    court or fails to commit an act which was ordered by a
18    court in violation of:
19            (i) a remedy in a valid order of protection
20        authorized under paragraphs (1), (2), (3), (14), or
21        (14.5) of subsection (b) of Section 214 of the Illinois
22        Domestic Violence Act of 1986,
23            (ii) a remedy, which is substantially similar to
24        the remedies authorized under paragraphs (1), (2),
25        (3), (14) or (14.5) of subsection (b) of Section 214 of

 

 

SB1310 Engrossed- 729 -LRB096 09456 RLC 19613 b

1        the Illinois Domestic Violence Act of 1986, in a valid
2        order of protection, which is authorized under the laws
3        of another state, tribe or United States territory,
4            (iii) any other remedy when the act constitutes a
5        crime against the protected parties as the term
6        protected parties is defined in Section 112A-4 of the
7        Code of Criminal Procedure of 1963; and
8        (2) Such violation occurs after the offender has been
9    served notice of the contents of the order, pursuant to the
10    Illinois Domestic Violence Act of 1986 or any substantially
11    similar statute of another state, tribe or United States
12    territory, or otherwise has acquired actual knowledge of
13    the contents of the order.
14    An order of protection issued by a state, tribal or
15territorial court related to domestic or family violence shall
16be deemed valid if the issuing court had jurisdiction over the
17parties and matter under the law of the state, tribe or
18territory. There shall be a presumption of validity where an
19order is certified and appears authentic on its face.
20    (a-5) Failure to provide reasonable notice and opportunity
21to be heard shall be an affirmative defense to any charge or
22process filed seeking enforcement of a foreign order of
23protection.
24    (b) For purposes of this Section, an "order of protection"
25may have been issued in a criminal or civil proceeding.
26    (c) Nothing in this Section shall be construed to diminish

 

 

SB1310 Engrossed- 730 -LRB096 09456 RLC 19613 b

1the inherent authority of the courts to enforce their lawful
2orders through civil or criminal contempt proceedings.
3    (d) Violation of an order of protection under subsection
4(a) of this Section is a Class A misdemeanor. Violation of an
5order of protection under subsection (a) of this Section is a
6Class 4 felony if the defendant has any prior conviction under
7this Code for domestic battery (Section 12-3.2) or violation of
8an order of protection (Section 12-30). Violation of an order
9of protection is a Class 4 felony if the defendant has any
10prior conviction under this Code for first degree murder
11(Section 9-1), attempt to commit first degree murder (Section
128-4), aggravated domestic battery (Section 12-3.3), aggravated
13battery (Section 12-4), heinous battery (Section 12-4.1),
14aggravated battery with a firearm (Section 12-4.2), aggravated
15battery of a child (Section 12-4.3), aggravated battery of an
16unborn child (Section 12-4.4), aggravated battery of a senior
17citizen (Section 12-4.6), stalking (Section 12-7.3),
18aggravated stalking (Section 12-7.4), criminal sexual assault
19(Section 11-1.20 or 12-13), aggravated criminal sexual assault
20(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
21aggravated kidnapping (Section 10-2), predatory criminal
22sexual assault of a child (Section 11-1.40 or 12-14.1),
23aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
24unlawful restraint (Section 10-3), aggravated unlawful
25restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
26or aggravated discharge of a firearm (Section 24-1.2), when any

 

 

SB1310 Engrossed- 731 -LRB096 09456 RLC 19613 b

1of these offenses have been committed against a family or
2household member as defined in Section 112A-3 of the Code of
3Criminal Procedure of 1963. The court shall impose a minimum
4penalty of 24 hours imprisonment for defendant's second or
5subsequent violation of any order of protection; unless the
6court explicitly finds that an increased penalty or such period
7of imprisonment would be manifestly unjust. In addition to any
8other penalties, the court may order the defendant to pay a
9fine as authorized under Section 5-9-1 of the Unified Code of
10Corrections or to make restitution to the victim under Section
115-5-6 of the Unified Code of Corrections. In addition to any
12other penalties, including those imposed by Section 5-9-1.5 of
13the Unified Code of Corrections, the court shall impose an
14additional fine of $20 as authorized by Section 5-9-1.11 of the
15Unified Code of Corrections upon any person convicted of or
16placed on supervision for a violation of this Section. The
17additional fine shall be imposed for each violation of this
18Section.
19    (e) The limitations placed on law enforcement liability by
20Section 305 of the Illinois Domestic Violence Act of 1986 apply
21to actions taken under this Section.
22(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
2392-827, eff. 8-22-02.)
 
24    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
25    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used

 

 

SB1310 Engrossed- 732 -LRB096 09456 RLC 19613 b

1with the knowledge and consent of the owner in the commission
2of, or in the attempt to commit as defined in Section 8-4 of
3this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
411-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
5place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
611-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
712-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
8precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
920-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,
10paragraph (a) of Section 12-4 of this Code, paragraph (a) of
11Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a),
12(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d)
13of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of
14Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of
15the Cigarette Tax Act if the vessel, vehicle or aircraft
16contains more than 10 cartons of such cigarettes; (c) Section
1728, 29 or 30 of the Cigarette Use Tax Act if the vessel,
18vehicle or aircraft contains more than 10 cartons of such
19cigarettes; (d) Section 44 of the Environmental Protection Act;
20(e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
21under the influence of alcohol or other drug or drugs,
22intoxicating compound or compounds or any combination thereof
23under Section 11-501 of the Illinois Vehicle Code during a
24period in which his or her driving privileges are revoked or
25suspended where the revocation or suspension was for driving
26under the influence of alcohol or other drug or drugs,

 

 

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1intoxicating compound or compounds or any combination thereof,
2Section 11-501.1, paragraph (b) of Section 11-401, or for
3reckless homicide as defined in Section 9-3 of the Criminal
4Code of 1961; (2) driving while under the influence of alcohol,
5other drug or drugs, intoxicating compound or compounds or any
6combination thereof and has been previously convicted of
7reckless homicide or a similar provision of a law of another
8state relating to reckless homicide in which the person was
9determined to have been under the influence of alcohol, other
10drug or drugs, or intoxicating compound or compounds as an
11element of the offense or the person has previously been
12convicted of committing a violation of driving under the
13influence of alcohol or other drug or drugs, intoxicating
14compound or compounds or any combination thereof and was
15involved in a motor vehicle accident that resulted in death,
16great bodily harm, or permanent disability or disfigurement to
17another, when the violation was a proximate cause of the death
18or injuries; (3) the person committed a violation of driving
19under the influence of alcohol or other drug or drugs,
20intoxicating compound or compounds or any combination thereof
21under Section 11-501 of the Illinois Vehicle Code or a similar
22provision for the third or subsequent time; (4) the person
23committed the violation while he or she did not possess a
24driver's license or permit or a restricted driving permit or a
25judicial driving permit or a monitoring device driving permit;
26or (5) the person committed the violation while he or she knew

 

 

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1or should have known that the vehicle he or she was driving was
2not covered by a liability insurance policy, or (d)(1)(I); (g)
3an offense described in subsection (g) of Section 6-303 of the
4Illinois Vehicle Code; or (h) an offense described in
5subsection (e) of Section 6-101 of the Illinois Vehicle Code;
6may be seized and delivered forthwith to the sheriff of the
7county of seizure.
8    Within 15 days after such delivery the sheriff shall give
9notice of seizure to each person according to the following
10method: Upon each such person whose right, title or interest is
11of record in the office of the Secretary of State, the
12Secretary of Transportation, the Administrator of the Federal
13Aviation Agency, or any other Department of this State, or any
14other state of the United States if such vessel, vehicle or
15aircraft is required to be so registered, as the case may be,
16by mailing a copy of the notice by certified mail to the
17address as given upon the records of the Secretary of State,
18the Department of Aeronautics, Department of Public Works and
19Buildings or any other Department of this State or the United
20States if such vessel, vehicle or aircraft is required to be so
21registered. Within that 15 day period the sheriff shall also
22notify the State's Attorney of the county of seizure about the
23seizure.
24    In addition, any mobile or portable equipment used in the
25commission of an act which is in violation of Section 7g of the
26Metropolitan Water Reclamation District Act shall be subject to

 

 

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1seizure and forfeiture under the same procedures provided in
2this Article for the seizure and forfeiture of vessels,
3vehicles and aircraft, and any such equipment shall be deemed a
4vessel, vehicle or aircraft for purposes of this Article.
5    When a person discharges a firearm at another individual
6from a vehicle with the knowledge and consent of the owner of
7the vehicle and with the intent to cause death or great bodily
8harm to that individual and as a result causes death or great
9bodily harm to that individual, the vehicle shall be subject to
10seizure and forfeiture under the same procedures provided in
11this Article for the seizure and forfeiture of vehicles used in
12violations of clauses (a), (b), (c), or (d) of this Section.
13    If the spouse of the owner of a vehicle seized for an
14offense described in subsection (g) of Section 6-303 of the
15Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
16(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1711-501 of the Illinois Vehicle Code, or Section 9-3 of this
18Code makes a showing that the seized vehicle is the only source
19of transportation and it is determined that the financial
20hardship to the family as a result of the seizure outweighs the
21benefit to the State from the seizure, the vehicle may be
22forfeited to the spouse or family member and the title to the
23vehicle shall be transferred to the spouse or family member who
24is properly licensed and who requires the use of the vehicle
25for employment or family transportation purposes. A written
26declaration of forfeiture of a vehicle under this Section shall

 

 

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1be sufficient cause for the title to be transferred to the
2spouse or family member. The provisions of this paragraph shall
3apply only to one forfeiture per vehicle. If the vehicle is the
4subject of a subsequent forfeiture proceeding by virtue of a
5subsequent conviction of either spouse or the family member,
6the spouse or family member to whom the vehicle was forfeited
7under the first forfeiture proceeding may not utilize the
8provisions of this paragraph in another forfeiture proceeding.
9If the owner of the vehicle seized owns more than one vehicle,
10the procedure set out in this paragraph may be used for only
11one vehicle.
12    Property declared contraband under Section 40 of the
13Illinois Streetgang Terrorism Omnibus Prevention Act may be
14seized and forfeited under this Article.
15(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
1696-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
171-1-11; revised 9-16-10.)
 
18    (720 ILCS 5/37-1)  (from Ch. 38, par. 37-1)
19    Sec. 37-1. Maintaining Public Nuisance. Any building used
20in the commission of offenses prohibited by Sections 9-1, 10-1,
2110-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B,
2211-20.3, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1),
2324-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39A-1, or subdivision
24(a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of the
25Criminal Code of 1961, or prohibited by the Illinois Controlled

 

 

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1Substances Act, the Methamphetamine Control and Community
2Protection Act, or the Cannabis Control Act, or used in the
3commission of an inchoate offense relative to any of the
4aforesaid principal offenses, or any real property erected,
5established, maintained, owned, leased, or used by a streetgang
6for the purpose of conducting streetgang related activity as
7defined in Section 10 of the Illinois Streetgang Terrorism
8Omnibus Prevention Act is a public nuisance.
9    (b) Sentence. A person convicted of knowingly maintaining
10such a public nuisance commits a Class A misdemeanor. Each
11subsequent offense under this Section is a Class 4 felony.
12(Source: P.A. 94-556, eff. 9-11-05.)
 
13    Section 1040. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 110-6.3, 110-10, 111-8, 114-4,
15115-7, 115-7.2, 115-7.3, 115-10, 115-10.3, 115-11, 115-11.1,
16115-13, 115-16, 116-4, 124B-10, 124B-100, 124B-420, and
17124B-500 as follows:
 
18    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
19    Sec. 110-6.3. Denial of bail in stalking and aggravated
20stalking offenses.
21    (a) Upon verified petition by the State, the court shall
22hold a hearing to determine whether bail should be denied to a
23defendant who is charged with stalking or aggravated stalking,
24when it is alleged that the defendant's admission to bail poses

 

 

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1a real and present threat to the physical safety of the alleged
2victim of the offense, and denial of release on bail or
3personal recognizance is necessary to prevent fulfillment of
4the threat upon which the charge is based.
5        (1) A petition may be filed without prior notice to the
6    defendant at the first appearance before a judge, or within
7    21 calendar days, except as provided in Section 110-6,
8    after arrest and release of the defendant upon reasonable
9    notice to defendant; provided that while the petition is
10    pending before the court, the defendant if previously
11    released shall not be detained.
12        (2) The hearing shall be held immediately upon the
13    defendant's appearance before the court, unless for good
14    cause shown the defendant or the State seeks a continuance.
15    A continuance on motion of the defendant may not exceed 5
16    calendar days, and the defendant may be held in custody
17    during the continuance. A continuance on the motion of the
18    State may not exceed 3 calendar days; however, the
19    defendant may be held in custody during the continuance
20    under this provision if the defendant has been previously
21    found to have violated an order of protection or has been
22    previously convicted of, or granted court supervision for,
23    any of the offenses set forth in Sections 11-1.20, 11-1.30,
24    11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.2, 12-3.3, 12-4,
25    12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or
26    12-16 of the Criminal Code of 1961, against the same person

 

 

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1    as the alleged victim of the stalking or aggravated
2    stalking offense.
3    (b) The court may deny bail to the defendant when, after
4the hearing, it is determined that:
5        (1) the proof is evident or the presumption great that
6    the defendant has committed the offense of stalking or
7    aggravated stalking; and
8        (2) the defendant poses a real and present threat to
9    the physical safety of the alleged victim of the offense;
10    and
11        (3) the denial of release on bail or personal
12    recognizance is necessary to prevent fulfillment of the
13    threat upon which the charge is based; and
14        (4) the court finds that no condition or combination of
15    conditions set forth in subsection (b) of Section 110-10 of
16    this Code, including mental health treatment at a community
17    mental health center, hospital, or facility of the
18    Department of Human Services, can reasonably assure the
19    physical safety of the alleged victim of the offense.
20    (c) Conduct of the hearings.
21        (1) The hearing on the defendant's culpability and
22    threat to the alleged victim of the offense shall be
23    conducted in accordance with the following provisions:
24            (A) Information used by the court in its findings
25        or stated in or offered at the hearing may be by way of
26        proffer based upon reliable information offered by the

 

 

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1        State or by defendant. Defendant has the right to be
2        represented by counsel, and if he is indigent, to have
3        counsel appointed for him. Defendant shall have the
4        opportunity to testify, to present witnesses in his own
5        behalf, and to cross-examine witnesses if any are
6        called by the State. The defendant has the right to
7        present witnesses in his favor. When the ends of
8        justice so require, the court may exercise its
9        discretion and compel the appearance of a complaining
10        witness. The court shall state on the record reasons
11        for granting a defense request to compel the presence
12        of a complaining witness. Cross-examination of a
13        complaining witness at the pretrial detention hearing
14        for the purpose of impeaching the witness' credibility
15        is insufficient reason to compel the presence of the
16        witness. In deciding whether to compel the appearance
17        of a complaining witness, the court shall be
18        considerate of the emotional and physical well-being
19        of the witness. The pretrial detention hearing is not
20        to be used for the purposes of discovery, and the post
21        arraignment rules of discovery do not apply. The State
22        shall tender to the defendant, prior to the hearing,
23        copies of defendant's criminal history, if any, if
24        available, and any written or recorded statements and
25        the substance of any oral statements made by any
26        person, if relied upon by the State. The rules

 

 

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1        concerning the admissibility of evidence in criminal
2        trials do not apply to the presentation and
3        consideration of information at the hearing. At the
4        trial concerning the offense for which the hearing was
5        conducted neither the finding of the court nor any
6        transcript or other record of the hearing shall be
7        admissible in the State's case in chief, but shall be
8        admissible for impeachment, or as provided in Section
9        115-10.1 of this Code, or in a perjury proceeding.
10            (B) A motion by the defendant to suppress evidence
11        or to suppress a confession shall not be entertained.
12        Evidence that proof may have been obtained as the
13        result of an unlawful search and seizure or through
14        improper interrogation is not relevant to this state of
15        the prosecution.
16        (2) The facts relied upon by the court to support a
17    finding that:
18            (A) the defendant poses a real and present threat
19        to the physical safety of the alleged victim of the
20        offense; and
21            (B) the denial of release on bail or personal
22        recognizance is necessary to prevent fulfillment of
23        the threat upon which the charge is based;
24    shall be supported by clear and convincing evidence
25    presented by the State.
26    (d) Factors to be considered in making a determination of

 

 

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1the threat to the alleged victim of the offense. The court may,
2in determining whether the defendant poses, at the time of the
3hearing, a real and present threat to the physical safety of
4the alleged victim of the offense, consider but shall not be
5limited to evidence or testimony concerning:
6        (1) The nature and circumstances of the offense
7    charged;
8        (2) The history and characteristics of the defendant
9    including:
10            (A) Any evidence of the defendant's prior criminal
11        history indicative of violent, abusive or assaultive
12        behavior, or lack of that behavior. The evidence may
13        include testimony or documents received in juvenile
14        proceedings, criminal, quasi-criminal, civil
15        commitment, domestic relations or other proceedings;
16            (B) Any evidence of the defendant's psychological,
17        psychiatric or other similar social history that tends
18        to indicate a violent, abusive, or assaultive nature,
19        or lack of any such history.
20        (3) The nature of the threat which is the basis of the
21    charge against the defendant;
22        (4) Any statements made by, or attributed to the
23    defendant, together with the circumstances surrounding
24    them;
25        (5) The age and physical condition of any person
26    assaulted by the defendant;

 

 

SB1310 Engrossed- 743 -LRB096 09456 RLC 19613 b

1        (6) Whether the defendant is known to possess or have
2    access to any weapon or weapons;
3        (7) Whether, at the time of the current offense or any
4    other offense or arrest, the defendant was on probation,
5    parole, mandatory supervised release or other release from
6    custody pending trial, sentencing, appeal or completion of
7    sentence for an offense under federal or state law;
8        (8) Any other factors, including those listed in
9    Section 110-5 of this Code, deemed by the court to have a
10    reasonable bearing upon the defendant's propensity or
11    reputation for violent, abusive or assaultive behavior, or
12    lack of that behavior.
13    (e) The court shall, in any order denying bail to a person
14charged with stalking or aggravated stalking:
15        (1) briefly summarize the evidence of the defendant's
16    culpability and its reasons for concluding that the
17    defendant should be held without bail;
18        (2) direct that the defendant be committed to the
19    custody of the sheriff for confinement in the county jail
20    pending trial;
21        (3) direct that the defendant be given a reasonable
22    opportunity for private consultation with counsel, and for
23    communication with others of his choice by visitation, mail
24    and telephone; and
25        (4) direct that the sheriff deliver the defendant as
26    required for appearances in connection with court

 

 

SB1310 Engrossed- 744 -LRB096 09456 RLC 19613 b

1    proceedings.
2    (f) If the court enters an order for the detention of the
3defendant under subsection (e) of this Section, the defendant
4shall be brought to trial on the offense for which he is
5detained within 90 days after the date on which the order for
6detention was entered. If the defendant is not brought to trial
7within the 90 day period required by this subsection (f), he
8shall not be held longer without bail. In computing the 90 day
9period, the court shall omit any period of delay resulting from
10a continuance granted at the request of the defendant. The
11court shall immediately notify the alleged victim of the
12offense that the defendant has been admitted to bail under this
13subsection.
14    (g) Any person shall be entitled to appeal any order
15entered under this Section denying bail to the defendant.
16    (h) The State may appeal any order entered under this
17Section denying any motion for denial of bail.
18    (i) Nothing in this Section shall be construed as modifying
19or limiting in any way the defendant's presumption of innocence
20in further criminal proceedings.
21(Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
 
22    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
23    Sec. 110-10. Conditions of bail bond.
24    (a) If a person is released prior to conviction, either
25upon payment of bail security or on his or her own

 

 

SB1310 Engrossed- 745 -LRB096 09456 RLC 19613 b

1recognizance, the conditions of the bail bond shall be that he
2or she will:
3        (1) Appear to answer the charge in the court having
4    jurisdiction on a day certain and thereafter as ordered by
5    the court until discharged or final order of the court;
6        (2) Submit himself or herself to the orders and process
7    of the court;
8        (3) Not depart this State without leave of the court;
9        (4) Not violate any criminal statute of any
10    jurisdiction;
11        (5) At a time and place designated by the court,
12    surrender all firearms in his or her possession to a law
13    enforcement officer designated by the court to take custody
14    of and impound the firearms and physically surrender his or
15    her Firearm Owner's Identification Card to the clerk of the
16    circuit court when the offense the person has been charged
17    with is a forcible felony, stalking, aggravated stalking,
18    domestic battery, any violation of the Illinois Controlled
19    Substances Act, the Methamphetamine Control and Community
20    Protection Act, or the Cannabis Control Act that is
21    classified as a Class 2 or greater felony, or any felony
22    violation of Article 24 of the Criminal Code of 1961; the
23    court may, however, forgo the imposition of this condition
24    when the circumstances of the case clearly do not warrant
25    it or when its imposition would be impractical; all legally
26    possessed firearms shall be returned to the person upon the

 

 

SB1310 Engrossed- 746 -LRB096 09456 RLC 19613 b

1    charges being dismissed, or if the person is found not
2    guilty, unless the finding of not guilty is by reason of
3    insanity; and
4        (6) At a time and place designated by the court, submit
5    to a psychological evaluation when the person has been
6    charged with a violation of item (4) of subsection (a) of
7    Section 24-1 of the Criminal Code of 1961 and that
8    violation occurred in a school or in any conveyance owned,
9    leased, or contracted by a school to transport students to
10    or from school or a school-related activity, or on any
11    public way within 1,000 feet of real property comprising
12    any school.
13    Psychological evaluations ordered pursuant to this Section
14shall be completed promptly and made available to the State,
15the defendant, and the court. As a further condition of bail
16under these circumstances, the court shall order the defendant
17to refrain from entering upon the property of the school,
18including any conveyance owned, leased, or contracted by a
19school to transport students to or from school or a
20school-related activity, or on any public way within 1,000 feet
21of real property comprising any school. Upon receipt of the
22psychological evaluation, either the State or the defendant may
23request a change in the conditions of bail, pursuant to Section
24110-6 of this Code. The court may change the conditions of bail
25to include a requirement that the defendant follow the
26recommendations of the psychological evaluation, including

 

 

SB1310 Engrossed- 747 -LRB096 09456 RLC 19613 b

1undergoing psychiatric treatment. The conclusions of the
2psychological evaluation and any statements elicited from the
3defendant during its administration are not admissible as
4evidence of guilt during the course of any trial on the charged
5offense, unless the defendant places his or her mental
6competency in issue.
7    (b) The court may impose other conditions, such as the
8following, if the court finds that such conditions are
9reasonably necessary to assure the defendant's appearance in
10court, protect the public from the defendant, or prevent the
11defendant's unlawful interference with the orderly
12administration of justice:
13        (1) Report to or appear in person before such person or
14    agency as the court may direct;
15        (2) Refrain from possessing a firearm or other
16    dangerous weapon;
17        (3) Refrain from approaching or communicating with
18    particular persons or classes of persons;
19        (4) Refrain from going to certain described
20    geographical areas or premises;
21        (5) Refrain from engaging in certain activities or
22    indulging in intoxicating liquors or in certain drugs;
23        (6) Undergo treatment for drug addiction or
24    alcoholism;
25        (7) Undergo medical or psychiatric treatment;
26        (8) Work or pursue a course of study or vocational

 

 

SB1310 Engrossed- 748 -LRB096 09456 RLC 19613 b

1    training;
2        (9) Attend or reside in a facility designated by the
3    court;
4        (10) Support his or her dependents;
5        (11) If a minor resides with his or her parents or in a
6    foster home, attend school, attend a non-residential
7    program for youths, and contribute to his or her own
8    support at home or in a foster home;
9        (12) Observe any curfew ordered by the court;
10        (13) Remain in the custody of such designated person or
11    organization agreeing to supervise his release. Such third
12    party custodian shall be responsible for notifying the
13    court if the defendant fails to observe the conditions of
14    release which the custodian has agreed to monitor, and
15    shall be subject to contempt of court for failure so to
16    notify the court;
17        (14) Be placed under direct supervision of the Pretrial
18    Services Agency, Probation Department or Court Services
19    Department in a pretrial bond home supervision capacity
20    with or without the use of an approved electronic
21    monitoring device subject to Article 8A of Chapter V of the
22    Unified Code of Corrections;
23        (14.1) The court shall impose upon a defendant who is
24    charged with any alcohol, cannabis, methamphetamine, or
25    controlled substance violation and is placed under direct
26    supervision of the Pretrial Services Agency, Probation

 

 

SB1310 Engrossed- 749 -LRB096 09456 RLC 19613 b

1    Department or Court Services Department in a pretrial bond
2    home supervision capacity with the use of an approved
3    monitoring device, as a condition of such bail bond, a fee
4    that represents costs incidental to the electronic
5    monitoring for each day of such bail supervision ordered by
6    the court, unless after determining the inability of the
7    defendant to pay the fee, the court assesses a lesser fee
8    or no fee as the case may be. The fee shall be collected by
9    the clerk of the circuit court. The clerk of the circuit
10    court shall pay all monies collected from this fee to the
11    county treasurer for deposit in the substance abuse
12    services fund under Section 5-1086.1 of the Counties Code;
13        (14.2) The court shall impose upon all defendants,
14    including those defendants subject to paragraph (14.1)
15    above, placed under direct supervision of the Pretrial
16    Services Agency, Probation Department or Court Services
17    Department in a pretrial bond home supervision capacity
18    with the use of an approved monitoring device, as a
19    condition of such bail bond, a fee which shall represent
20    costs incidental to such electronic monitoring for each day
21    of such bail supervision ordered by the court, unless after
22    determining the inability of the defendant to pay the fee,
23    the court assesses a lesser fee or no fee as the case may
24    be. The fee shall be collected by the clerk of the circuit
25    court. The clerk of the circuit court shall pay all monies
26    collected from this fee to the county treasurer who shall

 

 

SB1310 Engrossed- 750 -LRB096 09456 RLC 19613 b

1    use the monies collected to defray the costs of
2    corrections. The county treasurer shall deposit the fee
3    collected in the county working cash fund under Section
4    6-27001 or Section 6-29002 of the Counties Code, as the
5    case may be;
6        (14.3) The Chief Judge of the Judicial Circuit may
7    establish reasonable fees to be paid by a person receiving
8    pretrial services while under supervision of a pretrial
9    services agency, probation department, or court services
10    department. Reasonable fees may be charged for pretrial
11    services including, but not limited to, pretrial
12    supervision, diversion programs, electronic monitoring,
13    victim impact services, drug and alcohol testing, DNA
14    testing, GPS electronic monitoring, assessments and
15    evaluations related to domestic violence and other
16    victims, and victim mediation services. The person
17    receiving pretrial services may be ordered to pay all costs
18    incidental to pretrial services in accordance with his or
19    her ability to pay those costs;
20        (14.4) For persons charged with violating Section
21    11-501 of the Illinois Vehicle Code, refrain from operating
22    a motor vehicle not equipped with an ignition interlock
23    device, as defined in Section 1-129.1 of the Illinois
24    Vehicle Code, pursuant to the rules promulgated by the
25    Secretary of State for the installation of ignition
26    interlock devices. Under this condition the court may allow

 

 

SB1310 Engrossed- 751 -LRB096 09456 RLC 19613 b

1    a defendant who is not self-employed to operate a vehicle
2    owned by the defendant's employer that is not equipped with
3    an ignition interlock device in the course and scope of the
4    defendant's employment;
5        (15) Comply with the terms and conditions of an order
6    of protection issued by the court under the Illinois
7    Domestic Violence Act of 1986 or an order of protection
8    issued by the court of another state, tribe, or United
9    States territory;
10        (16) Under Section 110-6.5 comply with the conditions
11    of the drug testing program; and
12        (17) Such other reasonable conditions as the court may
13    impose.
14    (c) When a person is charged with an offense under Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
17involving a victim who is a minor under 18 years of age living
18in the same household with the defendant at the time of the
19offense, in granting bail or releasing the defendant on his own
20recognizance, the judge shall impose conditions to restrict the
21defendant's access to the victim which may include, but are not
22limited to conditions that he will:
23        1. Vacate the Household.
24        2. Make payment of temporary support to his dependents.
25        3. Refrain from contact or communication with the child
26    victim, except as ordered by the court.

 

 

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1    (d) When a person is charged with a criminal offense and
2the victim is a family or household member as defined in
3Article 112A, conditions shall be imposed at the time of the
4defendant's release on bond that restrict the defendant's
5access to the victim. Unless provided otherwise by the court,
6the restrictions shall include requirements that the defendant
7do the following:
8        (1) refrain from contact or communication with the
9    victim for a minimum period of 72 hours following the
10    defendant's release; and
11        (2) refrain from entering or remaining at the victim's
12    residence for a minimum period of 72 hours following the
13    defendant's release.
14    (e) Local law enforcement agencies shall develop
15standardized bond forms for use in cases involving family or
16household members as defined in Article 112A, including
17specific conditions of bond as provided in subsection (d).
18Failure of any law enforcement department to develop or use
19those forms shall in no way limit the applicability and
20enforcement of subsections (d) and (f).
21    (f) If the defendant is admitted to bail after conviction
22the conditions of the bail bond shall be that he will, in
23addition to the conditions set forth in subsections (a) and (b)
24hereof:
25        (1) Duly prosecute his appeal;
26        (2) Appear at such time and place as the court may

 

 

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1    direct;
2        (3) Not depart this State without leave of the court;
3        (4) Comply with such other reasonable conditions as the
4    court may impose; and
5        (5) If the judgment is affirmed or the cause reversed
6    and remanded for a new trial, forthwith surrender to the
7    officer from whose custody he was bailed.
8    (g) Upon a finding of guilty for any felony offense, the
9defendant shall physically surrender, at a time and place
10designated by the court, any and all firearms in his or her
11possession and his or her Firearm Owner's Identification Card
12as a condition of remaining on bond pending sentencing.
13(Source: P.A. 95-331, eff. 8-21-07; 96-340, eff. 8-11-09.)
 
14    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
15    Sec. 111-8. Orders of protection to prohibit domestic
16violence.
17    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
1810-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1911-1.60, 11-14.3 that involves soliciting for a prostitute,
2011-14.4 that involves soliciting for a juvenile prostitute,
2111-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
2212-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.3, 12-4.6, 12-5,
2312-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
2412-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, or 21-3 of the
25Criminal Code of 1961 or Section 1-1 of the Harassing and

 

 

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1Obscene Communications Act is alleged in an information,
2complaint or indictment on file, and the alleged offender and
3victim are family or household members, as defined in the
4Illinois Domestic Violence Act, as now or hereafter amended,
5the People through the respective State's Attorneys may by
6separate petition and upon notice to the defendant, except as
7provided in subsection (c) herein, request the court to issue
8an order of protection.
9    (b) In addition to any other remedies specified in Section
10208 of the Illinois Domestic Violence Act, as now or hereafter
11amended, the order may direct the defendant to initiate no
12contact with the alleged victim or victims who are family or
13household members and to refrain from entering the residence,
14school or place of business of the alleged victim or victims.
15    (c) The court may grant emergency relief without notice
16upon a showing of immediate and present danger of abuse to the
17victim or minor children of the victim and may enter a
18temporary order pending notice and full hearing on the matter.
19(Source: P.A. 94-325, eff. 1-1-06.)
 
20    (725 ILCS 5/114-4)  (from Ch. 38, par. 114-4)
21    Sec. 114-4. Motion for continuance.
22    (a) The defendant or the State may move for a continuance.
23If the motion is made more than 30 days after arraignment the
24court shall require that it be in writing and supported by
25affidavit.

 

 

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1    (b) A written motion for continuance made by defendant more
2than 30 days after arraignment may be granted when:
3        (1) Counsel for the defendant is ill, has died, or is
4    held to trial in another cause; or
5        (2) Counsel for the defendant has been unable to
6    prepare for trial because of illness or because he has been
7    held to trial in another cause; or
8        (3) A material witness is unavailable and the defense
9    will be prejudiced by the absence of his testimony;
10    however, this shall not be a ground for continuance if the
11    State will stipulate that the testimony of the witness
12    would be as alleged; or
13        (4) The defendant cannot stand trial because of
14    physical or mental incompetency; or
15        (5) Pre-trial publicity concerning the case has caused
16    a prejudice against defendant on the part of the community;
17    or
18        (6) The amendment of a charge or a bill of particulars
19    has taken the defendant by surprise and he cannot fairly
20    defend against such an amendment without a continuance.
21    (c) A written motion for continuance made by the State more
22than 30 days after arraignment may be granted when:
23        (1) The prosecutor assigned to the case is ill, has
24    died, or is held to trial in another cause; or
25        (2) A material witness is unavailable and the
26    prosecution will be prejudiced by the absence of his

 

 

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1    testimony; however this shall not be a ground for
2    continuance if the defendant will stipulate that the
3    testimony of the witness would be as alleged; or
4        (3) Pre-trial publicity concerning the case has caused
5    a prejudice against the prosecution on the part of the
6    community.
7    (d) The court may upon the written motion of either party
8or upon the court's own motion order a continuance for grounds
9not stated in subsections (b) and (c) of this Section if he
10finds that the interests of justice so require.
11    (e) All motions for continuance are addressed to the
12discretion of the trial court and shall be considered in the
13light of the diligence shown on the part of the movant. Where 1
14year has expired since the filing of an information or
15indictments, filed after January 1, 1980, if the court finds
16that the State has failed to use due diligence in bringing the
17case to trial, the court may, after a hearing had on the cause,
18on its own motion, dismiss the information or indictment. Any
19demand that the defendant had made for a speedy trial under
20Section 103-5 of this code shall not abate if the State files a
21new information or the grand jury reindicts in the cause.
22    After a hearing has been held upon the issue of the State's
23diligence and the court has found that the State has failed to
24use due diligence in pursuing the prosecution, the court may
25not dismiss the indictment or information without granting the
26State one more court date upon which to proceed. Such date

 

 

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1shall be not less than 14 nor more than 30 days from the date of
2the court's finding. If the State is not prepared to proceed
3upon that date, the court shall dismiss the indictment or
4information, as provided in this Section.
5    (f) After trial has begun a reasonably brief continuance
6may be granted to either side in the interests of justice.
7    (g) During the time the General Assembly is in session, the
8court shall, on motion of either party or on its own motion,
9grant a continuance where the party or his attorney is a member
10of either house of the General Assembly whose presence is
11necessary for the full, fair trial of the cause and, in the
12case of an attorney, where the attorney was retained by the
13party before the cause was set for trial.
14    (h) This Section shall be construed to the end that
15criminal cases are tried with due diligence consonant with the
16rights of the defendant and the State to a speedy, fair and
17impartial trial.
18    (i) Physical incapacity of a defendant may be grounds for a
19continuance at any time. If, upon written motion of the
20defendant or the State or upon the court's own motion, and
21after presentation of affidavits or evidence, the court
22determines that the defendant is physically unable to appear in
23court or to assist in his defense, or that such appearance
24would endanger his health or result in substantial prejudice, a
25continuance shall be granted. If such continuance precedes the
26appearance of counsel for such defendant the court shall

 

 

SB1310 Engrossed- 758 -LRB096 09456 RLC 19613 b

1simultaneously appoint counsel in the manner prescribed by
2Section 113-3 of this Act. Such continuance shall suspend the
3provisions of Section 103-5 of this Act, which periods of time
4limitation shall commence anew when the court, after
5presentation of additional affidavits or evidence, has
6determined that such physical incapacity has been
7substantially removed.
8    (j) In actions arising out of building code violations or
9violations of municipal ordinances caused by the failure of a
10building or structure to conform to the minimum standards of
11health and safety, the court shall grant a continuance only
12upon a written motion by the party seeking the continuance
13specifying the reason why such continuance should be granted.
14    (k) In prosecutions for violations of Section 10-1, 10-2,
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the "Criminal Code of 1961"
17involving a victim or witness who is a minor under 18 years of
18age, the court shall, in ruling on any motion or other request
19for a delay or continuance of proceedings, consider and give
20weight to the adverse impact the delay or continuance may have
21on the well-being of a child or witness.
22    (l) The court shall consider the age of the victim and the
23condition of the victim's health when ruling on a motion for a
24continuance.
25(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 

 

 

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1    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
2    Sec. 115-7. a. In prosecutions for predatory criminal
3sexual assault of a child, aggravated criminal sexual assault,
4criminal sexual assault, aggravated criminal sexual abuse,
5criminal sexual abuse, or criminal transmission of HIV; and in
6prosecutions for battery and aggravated battery, when the
7commission of the offense involves sexual penetration or sexual
8conduct as defined in Section 11-0.1 12-12 of the Criminal Code
9of 1961; and with the trial or retrial of the offenses formerly
10known as rape, deviate sexual assault, indecent liberties with
11a child, and aggravated indecent liberties with a child, the
12prior sexual activity or the reputation of the alleged victim
13or corroborating witness under Section 115-7.3 of this Code is
14inadmissible except (1) as evidence concerning the past sexual
15conduct of the alleged victim or corroborating witness under
16Section 115-7.3 of this Code with the accused when this
17evidence is offered by the accused upon the issue of whether
18the alleged victim or corroborating witness under Section
19115-7.3 of this Code consented to the sexual conduct with
20respect to which the offense is alleged; or (2) when
21constitutionally required to be admitted.
22    b. No evidence admissible under this Section shall be
23introduced unless ruled admissible by the trial judge after an
24offer of proof has been made at a hearing to be held in camera
25in order to determine whether the defense has evidence to
26impeach the witness in the event that prior sexual activity

 

 

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1with the defendant is denied. Such offer of proof shall include
2reasonably specific information as to the date, time and place
3of the past sexual conduct between the alleged victim or
4corroborating witness under Section 115-7.3 of this Code and
5the defendant. Unless the court finds that reasonably specific
6information as to date, time or place, or some combination
7thereof, has been offered as to prior sexual activity with the
8defendant, counsel for the defendant shall be ordered to
9refrain from inquiring into prior sexual activity between the
10alleged victim or corroborating witness under Section 115-7.3
11of this Code and the defendant. The court shall not admit
12evidence under this Section unless it determines at the hearing
13that the evidence is relevant and the probative value of the
14evidence outweighs the danger of unfair prejudice. The evidence
15shall be admissible at trial to the extent an order made by the
16court specifies the evidence that may be admitted and areas
17with respect to which the alleged victim or corroborating
18witness under Section 115-7.3 of this Code may be examined or
19cross examined.
20(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
2190-132, eff. 1-1-98.)
 
22    (725 ILCS 5/115-7.2)  (from Ch. 38, par. 115-7.2)
23    Sec. 115-7.2. In a prosecution for an illegal sexual act
24perpetrated upon a victim, including but not limited to
25prosecutions for violations of Sections 11-1.20 through

 

 

SB1310 Engrossed- 761 -LRB096 09456 RLC 19613 b

111-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, or
2ritualized abuse of a child under Section 12-33 of the Criminal
3Code of 1961, testimony by an expert, qualified by the court
4relating to any recognized and accepted form of post-traumatic
5stress syndrome shall be admissible as evidence.
6(Source: P.A. 87-1167.)
 
7    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
8    Sec. 115-10. Certain hearsay exceptions.
9    (a) In a prosecution for a physical or sexual act
10perpetrated upon or against a child under the age of 13, or a
11person who was a moderately, severely, or profoundly mentally
12retarded person as defined in this Code and in Section 2-10.1
13of the Criminal Code of 1961 at the time the act was committed,
14including but not limited to prosecutions for violations of
15Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
16Criminal Code of 1961 and prosecutions for violations of
17Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3
18(unlawful restraint), 10-3.1 (aggravated unlawful restraint),
1910-4 (forcible detention), 10-5 (child abduction), 10-6
20(harboring a runaway), 10-7 (aiding or abetting child
21abduction), 11-9 (public indecency), 11-11 (sexual relations
22within families), 11-21 (harmful material), 12-1 (assault),
2312-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
24battery), 12-4 (aggravated battery), 12-4.1 (heinous battery),
2512-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated

 

 

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1battery of a child), 12-4.7 (drug induced infliction of great
2bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
312-6.1 (compelling organization membership of persons), 12-7.1
4(hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking),
512-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5
6(child abandonment), 12-21.6 (endangering the life or health of
7a child) or 12-32 (ritual mutilation) of the Criminal Code of
81961 or any sex offense as defined in subsection (B) of Section
92 of the Sex Offender Registration Act, the following evidence
10shall be admitted as an exception to the hearsay rule:
11        (1) testimony by the victim of an out of court
12    statement made by the victim that he or she complained of
13    such act to another; and
14        (2) testimony of an out of court statement made by the
15    victim describing any complaint of such act or matter or
16    detail pertaining to any act which is an element of an
17    offense which is the subject of a prosecution for a sexual
18    or physical act against that victim.
19    (b) Such testimony shall only be admitted if:
20        (1) The court finds in a hearing conducted outside the
21    presence of the jury that the time, content, and
22    circumstances of the statement provide sufficient
23    safeguards of reliability; and
24        (2) The child or moderately, severely, or profoundly
25    mentally retarded person either:
26            (A) testifies at the proceeding; or

 

 

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1            (B) is unavailable as a witness and there is
2        corroborative evidence of the act which is the subject
3        of the statement; and
4        (3) In a case involving an offense perpetrated against
5    a child under the age of 13, the out of court statement was
6    made before the victim attained 13 years of age or within 3
7    months after the commission of the offense, whichever
8    occurs later, but the statement may be admitted regardless
9    of the age of the victim at the time of the proceeding.
10    (c) If a statement is admitted pursuant to this Section,
11the court shall instruct the jury that it is for the jury to
12determine the weight and credibility to be given the statement
13and that, in making the determination, it shall consider the
14age and maturity of the child, or the intellectual capabilities
15of the moderately, severely, or profoundly mentally retarded
16person, the nature of the statement, the circumstances under
17which the statement was made, and any other relevant factor.
18    (d) The proponent of the statement shall give the adverse
19party reasonable notice of his intention to offer the statement
20and the particulars of the statement.
21    (e) Statements described in paragraphs (1) and (2) of
22subsection (a) shall not be excluded on the basis that they
23were obtained as a result of interviews conducted pursuant to a
24protocol adopted by a Child Advocacy Advisory Board as set
25forth in subsections (c), (d), and (e) of Section 3 of the
26Children's Advocacy Center Act or that an interviewer or

 

 

SB1310 Engrossed- 764 -LRB096 09456 RLC 19613 b

1witness to the interview was or is an employee, agent, or
2investigator of a State's Attorney's office.
3(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
4    (725 ILCS 5/115-10.3)
5    Sec. 115-10.3. Hearsay exception regarding elder adults.
6    (a) In a prosecution for a physical act, abuse, neglect, or
7financial exploitation perpetrated upon or against an eligible
8adult, as defined in the Elder Abuse and Neglect Act, who has
9been diagnosed by a physician to suffer from (i) any form of
10dementia, developmental disability, or other form of mental
11incapacity or (ii) any physical infirmity, including but not
12limited to prosecutions for violations of Sections 10-1, 10-2,
1310-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1411-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2,
1512-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11,
1612-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1,
1717-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2
18of the Criminal Code of 1961, the following evidence shall be
19admitted as an exception to the hearsay rule:
20        (1) testimony by an eligible adult, of an out of court
21    statement made by the eligible adult, that he or she
22    complained of such act to another; and
23        (2) testimony of an out of court statement made by the
24    eligible adult, describing any complaint of such act or
25    matter or detail pertaining to any act which is an element

 

 

SB1310 Engrossed- 765 -LRB096 09456 RLC 19613 b

1    of an offense which is the subject of a prosecution for a
2    physical act, abuse, neglect, or financial exploitation
3    perpetrated upon or against the eligible adult.
4    (b) Such testimony shall only be admitted if:
5        (1) The court finds in a hearing conducted outside the
6    presence of the jury that the time, content, and
7    circumstances of the statement provide sufficient
8    safeguards of reliability; and
9        (2) The eligible adult either:
10            (A) testifies at the proceeding; or
11            (B) is unavailable as a witness and there is
12        corroborative evidence of the act which is the subject
13        of the statement.
14    (c) If a statement is admitted pursuant to this Section,
15the court shall instruct the jury that it is for the jury to
16determine the weight and credibility to be given the statement
17and that, in making the determination, it shall consider the
18condition of the eligible adult, the nature of the statement,
19the circumstances under which the statement was made, and any
20other relevant factor.
21    (d) The proponent of the statement shall give the adverse
22party reasonable notice of his or her intention to offer the
23statement and the particulars of the statement.
24(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
25    (725 ILCS 5/115-11)  (from Ch. 38, par. 115-11)

 

 

SB1310 Engrossed- 766 -LRB096 09456 RLC 19613 b

1    Sec. 115-11. In a prosecution for a criminal offense
2defined in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40,
311-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
4"Criminal Code of 1961", where the alleged victim of the
5offense is a minor under 18 years of age, the court may exclude
6from the proceedings while the victim is testifying, all
7persons, who, in the opinion of the court, do not have a direct
8interest in the case, except the media.
9(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
10    (725 ILCS 5/115-11.1)  (from Ch. 38, par. 115-11.1)
11    Sec. 115-11.1. Use of "Rape". The use of the word "rape",
12"rapist", or any derivative of "rape" by any victim, witness,
13State's Attorney, defense attorney, judge or other court
14personnel in any prosecutions of offenses in Sections 11-1.20
15through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
161961, as amended, is not inadmissible.
17(Source: P.A. 83-1117.)
 
18    (725 ILCS 5/115-13)  (from Ch. 38, par. 115-13)
19    Sec. 115-13. In a prosecution for violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
22statements made by the victim to medical personnel for purposes
23of medical diagnosis or treatment including descriptions of the
24cause of symptom, pain or sensations, or the inception or

 

 

SB1310 Engrossed- 767 -LRB096 09456 RLC 19613 b

1general character of the cause or external source thereof
2insofar as reasonably pertinent to diagnosis or treatment shall
3be admitted as an exception to the hearsay rule.
4(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
5    (725 ILCS 5/115-16)
6    Sec. 115-16. Witness disqualification. No person shall be
7disqualified as a witness in a criminal case or proceeding by
8reason of his or her interest in the event of the case or
9proceeding, as a party or otherwise, or by reason of his or her
10having been convicted of a crime; but the interest or
11conviction may be shown for the purpose of affecting the
12credibility of the witness. A defendant in a criminal case or
13proceeding shall only at his or her own request be deemed a
14competent witness, and the person's neglect to testify shall
15not create a presumption against the person, nor shall the
16court permit a reference or comment to be made to or upon that
17neglect.
18    In criminal cases, husband and wife may testify for or
19against each other. Neither, however, may testify as to any
20communication or admission made by either of them to the other
21or as to any conversation between them during marriage, except
22in cases in which either is charged with an offense against the
23person or property of the other, in case of spouse abandonment,
24when the interests of their child or children or of any child
25or children in either spouse's care, custody, or control are

 

 

SB1310 Engrossed- 768 -LRB096 09456 RLC 19613 b

1directly involved, when either is charged with or under
2investigation for an offense under Section 11-1.20, 11-1.30,
311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
412-16 of the Criminal Code of 1961 and the victim is a minor
5under 18 years of age in either spouse's care, custody, or
6control at the time of the offense, or as to matters in which
7either has acted as agent of the other.
8(Source: P.A. 96-1242, eff. 7-23-10.)
 
9    (725 ILCS 5/116-4)
10    Sec. 116-4. Preservation of evidence for forensic testing.
11    (a) Before or after the trial in a prosecution for a
12violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1311-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
14Code of 1961 or in a prosecution for an offense defined in
15Article 9 of that Code, or in a prosecution for an attempt in
16violation of Section 8-4 of that Code of any of the
17above-enumerated offenses, unless otherwise provided herein
18under subsection (b) or (c), a law enforcement agency or an
19agent acting on behalf of the law enforcement agency shall
20preserve, subject to a continuous chain of custody, any
21physical evidence in their possession or control that is
22reasonably likely to contain forensic evidence, including, but
23not limited to, fingerprints or biological material secured in
24relation to a trial and with sufficient documentation to locate
25that evidence.

 

 

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1    (b) After a judgment of conviction is entered, the evidence
2shall either be impounded with the Clerk of the Circuit Court
3or shall be securely retained by a law enforcement agency.
4Retention shall be permanent in cases where a sentence of death
5is imposed. Retention shall be until the completion of the
6sentence, including the period of mandatory supervised release
7for the offense, or January 1, 2006, whichever is later, for
8any conviction for an offense or an attempt of an offense
9defined in Article 9 of the Criminal Code of 1961 or in Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or for 7
12years following any conviction for any other felony for which
13the defendant's genetic profile may be taken by a law
14enforcement agency and submitted for comparison in a forensic
15DNA database for unsolved offenses.
16    (c) After a judgment of conviction is entered, the law
17enforcement agency required to retain evidence described in
18subsection (a) may petition the court with notice to the
19defendant or, in cases where the defendant has died, his
20estate, his attorney of record, or an attorney appointed for
21that purpose by the court for entry of an order allowing it to
22dispose of evidence if, after a hearing, the court determines
23by a preponderance of the evidence that:
24        (1) it has no significant value for forensic science
25    analysis and should be returned to its rightful owner,
26    destroyed, used for training purposes, or as otherwise

 

 

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1    provided by law; or
2        (2) it has no significant value for forensic science
3    analysis and is of a size, bulk, or physical character not
4    usually retained by the law enforcement agency and cannot
5    practicably be retained by the law enforcement agency; or
6        (3) there no longer exists a reasonable basis to
7    require the preservation of the evidence because of the
8    death of the defendant; however, this paragraph (3) does
9    not apply if a sentence of death was imposed.
10    (d) The court may order the disposition of the evidence if
11the defendant is allowed the opportunity to take reasonable
12measures to remove or preserve portions of the evidence in
13question for future testing.
14    (d-5) Any order allowing the disposition of evidence
15pursuant to subsection (c) or (d) shall be a final and
16appealable order. No evidence shall be disposed of until 30
17days after the order is entered, and if a notice of appeal is
18filed, no evidence shall be disposed of until the mandate has
19been received by the circuit court from the appellate court.
20    (d-10) All records documenting the possession, control,
21storage, and destruction of evidence and all police reports,
22evidence control or inventory records, and other reports cited
23in this Section, including computer records, must be retained
24for as long as the evidence exists and may not be disposed of
25without the approval of the Local Records Commission.
26    (e) In this Section, "law enforcement agency" includes any

 

 

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1of the following or an agent acting on behalf of any of the
2following: a municipal police department, county sheriff's
3office, any prosecuting authority, the Department of State
4Police, or any other State, university, county, federal, or
5municipal police unit or police force.
6    "Biological material" includes, but is not limited to, any
7blood, hair, saliva, or semen from which genetic marker
8groupings may be obtained.
9(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
 
10    (725 ILCS 5/124B-10)
11    Sec. 124B-10. Applicability; offenses. This Article
12applies to forfeiture of property in connection with the
13following:
14        (1) A violation of Section 10A-10 of the Criminal Code
15    of 1961 (involuntary servitude; involuntary servitude of a
16    minor; trafficking of persons for forced labor or
17    services).
18        (2) A violation of subdivision (a)(1) of Section
19    11-14.4 of the Criminal Code of 1961 (promoting juvenile
20    prostitution) or a violation of Section 11-17.1 of the
21    Criminal Code of 1961 (keeping a place of juvenile
22    prostitution).
23        (3) A violation of subdivision (a)(4) of Section
24    11-14.4 of the Criminal Code of 1961 (promoting juvenile
25    prostitution) or a violation of Section 11-19.2 of the

 

 

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1    Criminal Code of 1961 (exploitation of a child).
2        (4) A violation of Section 11-20 of the Criminal Code
3    of 1961 (obscenity).
4        (5) A second or subsequent violation of Section 11-20.1
5    of the Criminal Code of 1961 (child pornography).
6        (6) A violation of Section 11-20.1B or 11-20.3 of the
7    Criminal Code of 1961 (aggravated child pornography).
8        (7) A violation of Section 16D-5 of the Criminal Code
9    of 1961 (computer fraud).
10        (8) A felony violation of Article 17B of the Criminal
11    Code of 1961 (WIC fraud).
12        (9) A felony violation of Section 26-5 of the Criminal
13    Code of 1961 (dog fighting).
14        (10) A violation of Article 29D of the Criminal Code of
15    1961 (terrorism).
16        (11) A felony violation of Section 4.01 of the Humane
17    Care for Animals Act (animals in entertainment).
18(Source: P.A. 96-712, eff. 1-1-10.)
 
19    (725 ILCS 5/124B-100)
20    Sec. 124B-100. Definition; "offense". For purposes of this
21Article, "offense" is defined as follows:
22        (1) In the case of forfeiture authorized under Section
23    10A-15 of the Criminal Code of 1961, "offense" means the
24    offense of involuntary servitude, involuntary servitude of
25    a minor, or trafficking of persons for forced labor or

 

 

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1    services in violation of Section 10A-10 of that Code.
2        (2) In the case of forfeiture authorized under
3    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
4    of the Criminal Code of 1961, "offense" means the offense
5    of promoting juvenile prostitution or keeping a place of
6    juvenile prostitution in violation of subdivision (a)(1)
7    of Section 11-14.4, or Section 11-17.1, of that Code.
8        (3) In the case of forfeiture authorized under
9    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
10    of the Criminal Code of 1961, "offense" means the offense
11    of promoting juvenile prostitution or exploitation of a
12    child in violation of subdivision (a)(4) of Section
13    11-14.4, or Section 11-19.2, of that Code.
14        (4) In the case of forfeiture authorized under Section
15    11-20 of the Criminal Code of 1961, "offense" means the
16    offense of obscenity in violation of that Section.
17        (5) In the case of forfeiture authorized under Section
18    11-20.1 of the Criminal Code of 1961, "offense" means the
19    offense of child pornography in violation of Section
20    11-20.1 of that Code.
21        (6) In the case of forfeiture authorized under Section
22    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
23    means the offense of aggravated child pornography in
24    violation of Section 11-20.1B or 11-20.3 of that Code.
25        (7) In the case of forfeiture authorized under Section
26    16D-6 of the Criminal Code of 1961, "offense" means the

 

 

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1    offense of computer fraud in violation of Section 16D-5 of
2    that Code.
3        (8) In the case of forfeiture authorized under Section
4    17B-25 of the Criminal Code of 1961, "offense" means any
5    felony violation of Article 17B of that Code.
6        (9) In the case of forfeiture authorized under Section
7    29D-65 of the Criminal Code of 1961, "offense" means any
8    offense under Article 29D of that Code.
9        (10) In the case of forfeiture authorized under Section
10    4.01 of the Humane Care for Animals Act or Section 26-5 of
11    the Criminal Code of 1961, "offense" means any felony
12    offense under either of those Sections.
13(Source: P.A. 96-712, eff. 1-1-10.)
 
14    (725 ILCS 5/124B-420)
15    Sec. 124B-420. Distribution of property and sale proceeds.
16    (a) All moneys and the sale proceeds of all other property
17forfeited and seized under this Part 400 shall be distributed
18as follows:
19        (1) 50% shall be distributed to the unit of local
20    government whose officers or employees conducted the
21    investigation into the offense and caused the arrest or
22    arrests and prosecution leading to the forfeiture, except
23    that if the investigation, arrest or arrests, and
24    prosecution leading to the forfeiture were undertaken by
25    the sheriff, this portion shall be distributed to the

 

 

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1    county for deposit into a special fund in the county
2    treasury appropriated to the sheriff. Amounts distributed
3    to the county for the sheriff or to units of local
4    government under this paragraph shall be used for
5    enforcement of laws or ordinances governing obscenity and
6    child pornography. If the investigation, arrest or
7    arrests, and prosecution leading to the forfeiture were
8    undertaken solely by a State agency, however, the portion
9    designated in this paragraph shall be paid into the State
10    treasury to be used for enforcement of laws governing
11    obscenity and child pornography.
12        (2) 25% shall be distributed to the county in which the
13    prosecution resulting in the forfeiture was instituted,
14    deposited into a special fund in the county treasury, and
15    appropriated to the State's Attorney for use in the
16    enforcement of laws governing obscenity and child
17    pornography.
18        (3) 25% shall be distributed to the Office of the
19    State's Attorneys Appellate Prosecutor and deposited into
20    the Obscenity Profits Forfeiture Fund, which is hereby
21    created in the State treasury, to be used by the Office of
22    the State's Attorneys Appellate Prosecutor for additional
23    expenses incurred in prosecuting appeals arising under
24    Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
25    Criminal Code of 1961. Any amounts remaining in the Fund
26    after all additional expenses have been paid shall be used

 

 

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1    by the Office to reduce the participating county
2    contributions to the Office on a pro-rated basis as
3    determined by the board of governors of the Office of the
4    State's Attorneys Appellate Prosecutor based on the
5    populations of the participating counties.
6    (b) Before any distribution under subsection (a), the
7Attorney General or State's Attorney shall retain from the
8forfeited moneys or sale proceeds, or both, sufficient moneys
9to cover expenses related to the administration and sale of the
10forfeited property.
11(Source: P.A. 96-712, eff. 1-1-10.)
 
12    (725 ILCS 5/124B-500)
13    Sec. 124B-500. Persons and property subject to forfeiture.
14A person who commits the offense of promoting juvenile
15prostitution, keeping a place of juvenile prostitution,
16exploitation of a child, child pornography, or aggravated child
17pornography under subdivision (a)(1) or (a)(4) of Section
1811-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
19or 11-20.3 of the Criminal Code of 1961 shall forfeit the
20following property to the State of Illinois:
21        (1) Any profits or proceeds and any property the person
22    has acquired or maintained in violation of subdivision
23    (a)(1) or (a)(4) of Section 11-14.4 or in violation of
24    Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
25    the Criminal Code of 1961 that the sentencing court

 

 

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1    determines, after a forfeiture hearing under this Article,
2    to have been acquired or maintained as a result of keeping
3    a place of juvenile prostitution, exploitation of a child,
4    child pornography, or aggravated child pornography.
5        (2) Any interest in, securities of, claim against, or
6    property or contractual right of any kind affording a
7    source of influence over any enterprise that the person has
8    established, operated, controlled, or conducted in
9    violation of subdivision (a)(1) or (a)(4) of Section
10    11-14.4 or in violation of Section 11-17.1, 11-19.2,
11    11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
12    that the sentencing court determines, after a forfeiture
13    hearing under this Article, to have been acquired or
14    maintained as a result of keeping a place of juvenile
15    prostitution, exploitation of a child, child pornography,
16    or aggravated child pornography.
17        (3) Any computer that contains a depiction of child
18    pornography in any encoded or decoded format in violation
19    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal
20    Code of 1961. For purposes of this paragraph (3),
21    "computer" has the meaning ascribed to it in Section 16D-2
22    of the Criminal Code of 1961.
23(Source: P.A. 96-712, eff. 1-1-10.)
 
24    Section 1045. The Bill of Rights for Children is amended by
25changing Section 3 as follows:
 

 

 

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1    (725 ILCS 115/3)  (from Ch. 38, par. 1353)
2    Sec. 3. Rights to present child impact statement.
3    (a) In any case where a defendant has been convicted of a
4violent crime involving a child or a juvenile has been
5adjudicated a delinquent for any offense defined in Sections
611-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20
7through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
81961, except those in which both parties have agreed to the
9imposition of a specific sentence, and a parent or legal
10guardian of the child involved is present in the courtroom at
11the time of the sentencing or the disposition hearing, the
12parent or legal guardian upon his or her request shall have the
13right to address the court regarding the impact which the
14defendant's criminal conduct or the juvenile's delinquent
15conduct has had upon the child. If the parent or legal guardian
16chooses to exercise this right, the impact statement must have
17been prepared in writing in conjunction with the Office of the
18State's Attorney prior to the initial hearing or sentencing,
19before it can be presented orally at the sentencing hearing.
20The court shall consider any statements made by the parent or
21legal guardian, along with all other appropriate factors in
22determining the sentence of the defendant or disposition of
23such juvenile.
24    (b) The crime victim has the right to prepare a victim
25impact statement and present it to the office of the State's

 

 

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1Attorney at any time during the proceedings.
2    (c) This Section shall apply to any child victims of any
3offense defined in Sections 11-1.20 through 11-1.60 or 12-13
4through 12-16 of the Criminal Code of 1961 during any
5dispositional hearing under Section 5-705 of the Juvenile Court
6Act of 1987 which takes place pursuant to an adjudication of
7delinquency for any such offense.
8(Source: P.A. 96-292, eff. 1-1-10.)
 
9    Section 1047. The Rights of Crime Victims and Witnesses Act
10is amended by changing Section 3 as follows:
 
11    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
12    Sec. 3. The terms used in this Act, unless the context
13clearly requires otherwise, shall have the following meanings:
14    (a) "Crime victim" and "victim" mean (1) a person
15physically injured in this State as a result of a violent crime
16perpetrated or attempted against that person or (2) a person
17who suffers injury to or loss of property as a result of a
18violent crime perpetrated or attempted against that person or
19(3) a single representative who may be the spouse, parent,
20child or sibling of a person killed as a result of a violent
21crime perpetrated against the person killed or the spouse,
22parent, child or sibling of any person granted rights under
23this Act who is physically or mentally incapable of exercising
24such rights, except where the spouse, parent, child or sibling

 

 

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1is also the defendant or prisoner or (4) any person against
2whom a violent crime has been committed or (5) any person who
3has suffered personal injury as a result of a violation of
4Section 11-501 of the Illinois Vehicle Code, or of a similar
5provision of a local ordinance, or of Section 9-3 of the
6Criminal Code of 1961, as amended or (6) in proceedings under
7the Juvenile Court Act of 1987, both parents, legal guardians,
8foster parents, or a single adult representative of a minor or
9disabled person who is a crime victim.
10    (b) "Witness" means any person who personally observed the
11commission of a violent crime and who will testify on behalf of
12the State of Illinois in the criminal prosecution of the
13violent crime.
14    (c) "Violent Crime" means any felony in which force or
15threat of force was used against the victim, or any offense
16involving sexual exploitation, sexual conduct or sexual
17penetration, or a violation of Section 11-20.1, 11-20.1B, or
1811-20.3 of the Criminal Code of 1961, domestic battery,
19violation of an order of protection, stalking, or any
20misdemeanor which results in death or great bodily harm to the
21victim or any violation of Section 9-3 of the Criminal Code of
221961, or Section 11-501 of the Illinois Vehicle Code, or a
23similar provision of a local ordinance, if the violation
24resulted in personal injury or death, and includes any action
25committed by a juvenile that would be a violent crime if
26committed by an adult. For the purposes of this paragraph,

 

 

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1"personal injury" shall include any Type A injury as indicated
2on the traffic accident report completed by a law enforcement
3officer that requires immediate professional attention in
4either a doctor's office or medical facility. A type A injury
5shall include severely bleeding wounds, distorted extremities,
6and injuries that require the injured party to be carried from
7the scene.
8    (d) "Sentencing Hearing" means any hearing where a sentence
9is imposed by the court on a convicted defendant and includes
10hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
11and 5-7-7 of the Unified Code of Corrections except those cases
12in which both parties have agreed to the imposition of a
13specific sentence.
14    (e) "Court proceedings" includes the preliminary hearing,
15any hearing the effect of which may be the release of the
16defendant from custody or to alter the conditions of bond, the
17trial, sentencing hearing, notice of appeal, any modification
18of sentence, probation revocation hearings or parole hearings.
19    (f) "Concerned citizen" includes relatives of the victim,
20friends of the victim, witnesses to the crime, or any other
21person associated with the victim or prisoner.
22(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
2396-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
 
24    Section 1050. The Sex Offense Victim Polygraph Act is
25amended by changing Section 1 as follows:
 

 

 

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1    (725 ILCS 200/1)  (from Ch. 38, par. 1551)
2    Sec. 1. Lie Detector Tests.
3    (a) No law enforcement officer, State's Attorney or other
4official shall ask or require an alleged victim of an offense
5described in Sections 11-1.20 through 11-1.60 or 12-13 through
612-16 of the Criminal Code of 1961, as amended, to submit to a
7polygraph examination or any form of a mechanical or electrical
8lie detector test.
9    (b) A victim's refusal to submit to a polygraph or any form
10of a mechanical or electrical lie detector test shall not
11mitigate against the investigation, charging or prosecution of
12the pending case as originally charged.
13(Source: P.A. 96-1273, eff. 1-1-11.)
 
14    Section 1055. The Sexually Violent Persons Commitment Act
15is amended by changing Section 5 as follows:
 
16    (725 ILCS 207/5)
17    Sec. 5. Definitions. As used in this Act, the term:
18    (a) "Department" means the Department of Human Services.
19    (b) "Mental disorder" means a congenital or acquired
20condition affecting the emotional or volitional capacity that
21predisposes a person to engage in acts of sexual violence.
22    (c) "Secretary" means the Secretary of Human Services.
23    (d) "Sexually motivated" means that one of the purposes for

 

 

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1an act is for the actor's sexual arousal or gratification.
2    (e) "Sexually violent offense" means any of the following:
3        (1) Any crime specified in Section 11-1.20, 11-1.30,
4    11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.3, 12-13, 12-14,
5    12-14.1, or 12-16 of the Criminal Code of 1961; or
6        (1.5) Any former law of this State specified in Section
7    11-1 (rape), 11-3 (deviate sexual assault), 11-4 (indecent
8    liberties with a child) or 11-4.1 (aggravated indecent
9    liberties with a child) of the Criminal Code of 1961; or
10        (2) First degree murder, if it is determined by the
11    agency with jurisdiction to have been sexually motivated;
12    or
13        (3) Any solicitation, conspiracy or attempt to commit a
14    crime under paragraph (e)(1) or (e)(2) of this Section.
15    (f) "Sexually violent person" means a person who has been
16convicted of a sexually violent offense, has been adjudicated
17delinquent for a sexually violent offense, or has been found
18not guilty of a sexually violent offense by reason of insanity
19and who is dangerous because he or she suffers from a mental
20disorder that makes it substantially probable that the person
21will engage in acts of sexual violence.
22(Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09.)
 
23    Section 1060. The Statewide Grand Jury Act is amended by
24changing Sections 2 and 3 as follows:
 

 

 

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1    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
2    Sec. 2. (a) County grand juries and State's Attorneys have
3always had and shall continue to have primary responsibility
4for investigating, indicting, and prosecuting persons who
5violate the criminal laws of the State of Illinois. However, in
6recent years organized terrorist activity directed against
7innocent civilians and certain criminal enterprises have
8developed that require investigation, indictment, and
9prosecution on a statewide or multicounty level. The criminal
10enterprises exist as a result of the allure of profitability
11present in narcotic activity, the unlawful sale and transfer of
12firearms, and streetgang related felonies and organized
13terrorist activity is supported by the contribution of money
14and expert assistance from geographically diverse sources. In
15order to shut off the life blood of terrorism and weaken or
16eliminate the criminal enterprises, assets, and property used
17to further these offenses must be frozen, and any profit must
18be removed. State statutes exist that can accomplish that goal.
19Among them are the offense of money laundering, the Cannabis
20and Controlled Substances Tax Act, violations of Article 29D of
21the Criminal Code of 1961, the Narcotics Profit Forfeiture Act,
22and gunrunning. Local prosecutors need investigative personnel
23and specialized training to attack and eliminate these profits.
24In light of the transitory and complex nature of conduct that
25constitutes these criminal activities, the many diverse
26property interests that may be used, acquired directly or

 

 

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1indirectly as a result of these criminal activities, and the
2many places that illegally obtained property may be located, it
3is the purpose of this Act to create a limited, multicounty
4Statewide Grand Jury with authority to investigate, indict, and
5prosecute: narcotic activity, including cannabis and
6controlled substance trafficking, narcotics racketeering,
7money laundering, violations of the Cannabis and Controlled
8Substances Tax Act, and violations of Article 29D of the
9Criminal Code of 1961; the unlawful sale and transfer of
10firearms; gunrunning; and streetgang related felonies.
11    (b) A Statewide Grand Jury may also investigate, indict,
12and prosecute violations facilitated by the use of a computer
13of any of the following offenses: indecent solicitation of a
14child, sexual exploitation of a child, soliciting for a
15juvenile prostitute, keeping a place of juvenile prostitution,
16juvenile pimping, or child pornography, aggravated child
17pornography, or promoting juvenile prostitution except as
18described in subdivision (a)(4) of Section 11-14.4 of the
19Criminal Code of 1961.
20(Source: P.A. 91-225, eff. 1-1-00; 92-854, eff. 12-5-02.)
 
21    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
22    Sec. 3. Written application for the appointment of a
23Circuit Judge to convene and preside over a Statewide Grand
24Jury, with jurisdiction extending throughout the State, shall
25be made to the Chief Justice of the Supreme Court. Upon such

 

 

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1written application, the Chief Justice of the Supreme Court
2shall appoint a Circuit Judge from the circuit where the
3Statewide Grand Jury is being sought to be convened, who shall
4make a determination that the convening of a Statewide Grand
5Jury is necessary.
6    In such application the Attorney General shall state that
7the convening of a Statewide Grand Jury is necessary because of
8an alleged offense or offenses set forth in this Section
9involving more than one county of the State and identifying any
10such offense alleged; and
11        (a) that he or she believes that the grand jury
12    function for the investigation and indictment of the
13    offense or offenses cannot effectively be performed by a
14    county grand jury together with the reasons for such
15    belief, and
16          (b)(1) that each State's Attorney with jurisdiction
17        over an offense or offenses to be investigated has
18        consented to the impaneling of the Statewide Grand
19        Jury, or
20            (2) if one or more of the State's Attorneys having
21        jurisdiction over an offense or offenses to be
22        investigated fails to consent to the impaneling of the
23        Statewide Grand Jury, the Attorney General shall set
24        forth good cause for impaneling the Statewide Grand
25        Jury.
26    If the Circuit Judge determines that the convening of a

 

 

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1Statewide Grand Jury is necessary, he or she shall convene and
2impanel the Statewide Grand Jury with jurisdiction extending
3throughout the State to investigate and return indictments:
4        (a) For violations of any of the following or for any
5    other criminal offense committed in the course of violating
6    any of the following: Article 29D of the Criminal Code of
7    1961, the Illinois Controlled Substances Act, the Cannabis
8    Control Act, the Methamphetamine Control and Community
9    Protection Act, the Narcotics Profit Forfeiture Act, or the
10    Cannabis and Controlled Substances Tax Act; a streetgang
11    related felony offense; Section 24-2.1, 24-2.2, 24-3,
12    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
13    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
14    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a
15    money laundering offense; provided that the violation or
16    offense involves acts occurring in more than one county of
17    this State; and
18        (a-5) For violations facilitated by the use of a
19    computer, including the use of the Internet, the World Wide
20    Web, electronic mail, message board, newsgroup, or any
21    other commercial or noncommercial on-line service, of any
22    of the following offenses: indecent solicitation of a
23    child, sexual exploitation of a child, soliciting for a
24    juvenile prostitute, keeping a place of juvenile
25    prostitution, juvenile pimping, or child pornography,
26    aggravated child pornography, or promoting juvenile

 

 

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1    prostitution except as described in subdivision (a)(4) of
2    Section 11-14.4 of the Criminal Code of 1961; and
3        (b) For the offenses of perjury, subornation of
4    perjury, communicating with jurors and witnesses, and
5    harassment of jurors and witnesses, as they relate to
6    matters before the Statewide Grand Jury.
7    "Streetgang related" has the meaning ascribed to it in
8Section 10 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act.
10    Upon written application by the Attorney General for the
11convening of an additional Statewide Grand Jury, the Chief
12Justice of the Supreme Court shall appoint a Circuit Judge from
13the circuit for which the additional Statewide Grand Jury is
14sought. The Circuit Judge shall determine the necessity for an
15additional Statewide Grand Jury in accordance with the
16provisions of this Section. No more than 2 Statewide Grand
17Juries may be empaneled at any time.
18(Source: P.A. 94-556, eff. 9-11-05.)
 
19    Section 1065. The Unified Code of Corrections is amended by
20changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-1, 5-4-3, 5-4-3.2,
215-5-3, 5-5-3.2, 5-5-6, 5-6-1, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and
225-9-1.7 as follows:
 
23    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
24    Sec. 3-1-2. Definitions.

 

 

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1    (a) "Chief Administrative Officer" means the person
2designated by the Director to exercise the powers and duties of
3the Department of Corrections in regard to committed persons
4within a correctional institution or facility, and includes the
5superintendent of any juvenile institution or facility.
6    (a-5) "Sex offense" for the purposes of paragraph (16) of
7subsection (a) of Section 3-3-7, paragraph (10) of subsection
8(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
9Section 5-6-3.1 only means:
10        (i) A violation of any of the following Sections of the
11    Criminal Code of 1961: 10-7 (aiding or abetting child
12    abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
13    luring), 11-6 (indecent solicitation of a child), 11-6.5
14    (indecent solicitation of an adult), 11-14.4 (promoting
15    juvenile prostitution), 11-15.1 (soliciting for a juvenile
16    prostitute), 11-17.1 (keeping a place of juvenile
17    prostitution), 11-18.1 (patronizing a juvenile
18    prostitute), 11-19.1 (juvenile pimping), 11-19.2
19    (exploitation of a child), 11-20.1 (child pornography),
20    11-20.1B or 11-20.3 (aggravated child pornography),
21    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
22    child), or 12-33 (ritualized abuse of a child). An attempt
23    to commit any of these offenses.
24        (ii) A violation of any of the following Sections of
25    the Criminal Code of 1961: 11-1.20 or 12-13 (criminal
26    sexual assault), 11-1.30 or 12-14 (aggravated criminal

 

 

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1    sexual assault), 11-1.60 or 12-16 (aggravated criminal
2    sexual abuse), and subsection (a) of Section 11-1.50 or
3    subsection (a) of Section 12-15 (criminal sexual abuse). An
4    attempt to commit any of these offenses.
5        (iii) A violation of any of the following Sections of
6    the Criminal Code of 1961 when the defendant is not a
7    parent of the victim:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint).
12            An attempt to commit any of these offenses.
13        (iv) A violation of any former law of this State
14    substantially equivalent to any offense listed in this
15    subsection (a-5).
16    An offense violating federal law or the law of another
17state that is substantially equivalent to any offense listed in
18this subsection (a-5) shall constitute a sex offense for the
19purpose of this subsection (a-5). A finding or adjudication as
20a sexually dangerous person under any federal law or law of
21another state that is substantially equivalent to the Sexually
22Dangerous Persons Act shall constitute an adjudication for a
23sex offense for the purposes of this subsection (a-5).
24    (b) "Commitment" means a judicially determined placement
25in the custody of the Department of Corrections on the basis of
26delinquency or conviction.

 

 

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1    (c) "Committed Person" is a person committed to the
2Department, however a committed person shall not be considered
3to be an employee of the Department of Corrections for any
4purpose, including eligibility for a pension, benefits, or any
5other compensation or rights or privileges which may be
6provided to employees of the Department.
7    (c-5) "Computer scrub software" means any third-party
8added software, designed to delete information from the
9computer unit, the hard drive, or other software, which would
10eliminate and prevent discovery of browser activity, including
11but not limited to Internet history, address bar or bars, cache
12or caches, and/or cookies, and which would over-write files in
13a way so as to make previous computer activity, including but
14not limited to website access, more difficult to discover.
15    (d) "Correctional Institution or Facility" means any
16building or part of a building where committed persons are kept
17in a secured manner.
18    (e) In the case of functions performed before the effective
19date of this amendatory Act of the 94th General Assembly,
20"Department" means the Department of Corrections of this State.
21In the case of functions performed on or after the effective
22date of this amendatory Act of the 94th General Assembly,
23"Department" has the meaning ascribed to it in subsection
24(f-5).
25    (f) In the case of functions performed before the effective
26date of this amendatory Act of the 94th General Assembly,

 

 

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1"Director" means the Director of the Department of Corrections.
2In the case of functions performed on or after the effective
3date of this amendatory Act of the 94th General Assembly,
4"Director" has the meaning ascribed to it in subsection (f-5).
5    (f-5) In the case of functions performed on or after the
6effective date of this amendatory Act of the 94th General
7Assembly, references to "Department" or "Director" refer to
8either the Department of Corrections or the Director of
9Corrections or to the Department of Juvenile Justice or the
10Director of Juvenile Justice unless the context is specific to
11the Department of Juvenile Justice or the Director of Juvenile
12Justice.
13    (g) "Discharge" means the final termination of a commitment
14to the Department of Corrections.
15    (h) "Discipline" means the rules and regulations for the
16maintenance of order and the protection of persons and property
17within the institutions and facilities of the Department and
18their enforcement.
19    (i) "Escape" means the intentional and unauthorized
20absence of a committed person from the custody of the
21Department.
22    (j) "Furlough" means an authorized leave of absence from
23the Department of Corrections for a designated purpose and
24period of time.
25    (k) "Parole" means the conditional and revocable release of
26a committed person under the supervision of a parole officer.

 

 

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1    (l) "Prisoner Review Board" means the Board established in
2Section 3-3-1(a), independent of the Department, to review
3rules and regulations with respect to good time credits, to
4hear charges brought by the Department against certain
5prisoners alleged to have violated Department rules with
6respect to good time credits, to set release dates for certain
7prisoners sentenced under the law in effect prior to the
8effective date of this Amendatory Act of 1977, to hear requests
9and make recommendations to the Governor with respect to
10pardon, reprieve or commutation, to set conditions for parole
11and mandatory supervised release and determine whether
12violations of those conditions justify revocation of parole or
13release, and to assume all other functions previously exercised
14by the Illinois Parole and Pardon Board.
15    (m) Whenever medical treatment, service, counseling, or
16care is referred to in this Unified Code of Corrections, such
17term may be construed by the Department or Court, within its
18discretion, to include treatment, service or counseling by a
19Christian Science practitioner or nursing care appropriate
20therewith whenever request therefor is made by a person subject
21to the provisions of this Act.
22    (n) "Victim" shall have the meaning ascribed to it in
23subsection (a) of Section 3 of the Bill of Rights for Victims
24and Witnesses of Violent Crime Act.
25(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10;
2696-1000, eff. 7-2-10.)
 

 

 

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1    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
2    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
3Release.
4    (a) The conditions of parole or mandatory supervised
5release shall be such as the Prisoner Review Board deems
6necessary to assist the subject in leading a law-abiding life.
7The conditions of every parole and mandatory supervised release
8are that the subject:
9        (1) not violate any criminal statute of any
10    jurisdiction during the parole or release term;
11        (2) refrain from possessing a firearm or other
12    dangerous weapon;
13        (3) report to an agent of the Department of
14    Corrections;
15        (4) permit the agent to visit him or her at his or her
16    home, employment, or elsewhere to the extent necessary for
17    the agent to discharge his or her duties;
18        (5) attend or reside in a facility established for the
19    instruction or residence of persons on parole or mandatory
20    supervised release;
21        (6) secure permission before visiting or writing a
22    committed person in an Illinois Department of Corrections
23    facility;
24        (7) report all arrests to an agent of the Department of
25    Corrections as soon as permitted by the arresting authority

 

 

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1    but in no event later than 24 hours after release from
2    custody;
3        (7.5) if convicted of a sex offense as defined in the
4    Sex Offender Management Board Act, the individual shall
5    undergo and successfully complete sex offender treatment
6    conducted in conformance with the standards developed by
7    the Sex Offender Management Board Act by a treatment
8    provider approved by the Board;
9        (7.6) if convicted of a sex offense as defined in the
10    Sex Offender Management Board Act, refrain from residing at
11    the same address or in the same condominium unit or
12    apartment unit or in the same condominium complex or
13    apartment complex with another person he or she knows or
14    reasonably should know is a convicted sex offender or has
15    been placed on supervision for a sex offense; the
16    provisions of this paragraph do not apply to a person
17    convicted of a sex offense who is placed in a Department of
18    Corrections licensed transitional housing facility for sex
19    offenders, or is in any facility operated or licensed by
20    the Department of Children and Family Services or by the
21    Department of Human Services, or is in any licensed medical
22    facility;
23        (7.7) if convicted for an offense that would qualify
24    the accused as a sexual predator under the Sex Offender
25    Registration Act on or after the effective date of this
26    amendatory Act of the 94th General Assembly, wear an

 

 

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1    approved electronic monitoring device as defined in
2    Section 5-8A-2 for the duration of the person's parole,
3    mandatory supervised release term, or extended mandatory
4    supervised release term and if convicted for an offense of
5    criminal sexual assault, aggravated criminal sexual
6    assault, predatory criminal sexual assault of a child,
7    criminal sexual abuse, aggravated criminal sexual abuse,
8    or ritualized abuse of a child committed on or after August
9    11, 2009 (the effective date of Public Act 96-236) when the
10    victim was under 18 years of age at the time of the
11    commission of the offense and the defendant used force or
12    the threat of force in the commission of the offense wear
13    an approved electronic monitoring device as defined in
14    Section 5-8A-2 that has Global Positioning System (GPS)
15    capability for the duration of the person's parole,
16    mandatory supervised release term, or extended mandatory
17    supervised release term;
18        (7.8) if convicted for an offense committed on or after
19    the effective date of this amendatory Act of the 95th
20    General Assembly that would qualify the accused as a child
21    sex offender as defined in Section 11-9.3 or 11-9.4 of the
22    Criminal Code of 1961, refrain from communicating with or
23    contacting, by means of the Internet, a person who is not
24    related to the accused and whom the accused reasonably
25    believes to be under 18 years of age; for purposes of this
26    paragraph (7.8), "Internet" has the meaning ascribed to it

 

 

SB1310 Engrossed- 797 -LRB096 09456 RLC 19613 b

1    in Section 16J-5 of the Criminal Code of 1961; and a person
2    is not related to the accused if the person is not: (i) the
3    spouse, brother, or sister of the accused; (ii) a
4    descendant of the accused; (iii) a first or second cousin
5    of the accused; or (iv) a step-child or adopted child of
6    the accused;
7        (7.9) if convicted under Section 11-6, 11-20.1,
8    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961,
9    consent to search of computers, PDAs, cellular phones, and
10    other devices under his or her control that are capable of
11    accessing the Internet or storing electronic files, in
12    order to confirm Internet protocol addresses reported in
13    accordance with the Sex Offender Registration Act and
14    compliance with conditions in this Act;
15        (7.10) if convicted for an offense that would qualify
16    the accused as a sex offender or sexual predator under the
17    Sex Offender Registration Act on or after the effective
18    date of this amendatory Act of the 95th General Assembly,
19    not possess prescription drugs for erectile dysfunction;
20        (7.11) if convicted for an offense under Section 11-6,
21    11-9.1, 11-14.4 that involves soliciting for a juvenile
22    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
23    of the Criminal Code of 1961, or any attempt to commit any
24    of these offenses, committed on or after June 1, 2009 (the
25    effective date of Public Act 95-983):
26            (i) not access or use a computer or any other

 

 

SB1310 Engrossed- 798 -LRB096 09456 RLC 19613 b

1        device with Internet capability without the prior
2        written approval of the Department;
3            (ii) submit to periodic unannounced examinations
4        of the offender's computer or any other device with
5        Internet capability by the offender's supervising
6        agent, a law enforcement officer, or assigned computer
7        or information technology specialist, including the
8        retrieval and copying of all data from the computer or
9        device and any internal or external peripherals and
10        removal of such information, equipment, or device to
11        conduct a more thorough inspection;
12            (iii) submit to the installation on the offender's
13        computer or device with Internet capability, at the
14        offender's expense, of one or more hardware or software
15        systems to monitor the Internet use; and
16            (iv) submit to any other appropriate restrictions
17        concerning the offender's use of or access to a
18        computer or any other device with Internet capability
19        imposed by the Board, the Department or the offender's
20        supervising agent;
21        (7.12) if convicted of a sex offense as defined in the
22    Sex Offender Registration Act committed on or after January
23    1, 2010 (the effective date of Public Act 96-262), refrain
24    from accessing or using a social networking website as
25    defined in Section 16D-2 of the Criminal Code of 1961;
26        (7.13) if convicted of a sex offense as defined in

 

 

SB1310 Engrossed- 799 -LRB096 09456 RLC 19613 b

1    Section 2 of the Sex Offender Registration Act committed on
2    or after January 1, 2010 (the effective date of Public Act
3    96-362) that requires the person to register as a sex
4    offender under that Act, may not knowingly use any computer
5    scrub software on any computer that the sex offender uses;
6        (8) obtain permission of an agent of the Department of
7    Corrections before leaving the State of Illinois;
8        (9) obtain permission of an agent of the Department of
9    Corrections before changing his or her residence or
10    employment;
11        (10) consent to a search of his or her person,
12    property, or residence under his or her control;
13        (11) refrain from the use or possession of narcotics or
14    other controlled substances in any form, or both, or any
15    paraphernalia related to those substances and submit to a
16    urinalysis test as instructed by a parole agent of the
17    Department of Corrections;
18        (12) not frequent places where controlled substances
19    are illegally sold, used, distributed, or administered;
20        (13) not knowingly associate with other persons on
21    parole or mandatory supervised release without prior
22    written permission of his or her parole agent and not
23    associate with persons who are members of an organized gang
24    as that term is defined in the Illinois Streetgang
25    Terrorism Omnibus Prevention Act;
26        (14) provide true and accurate information, as it

 

 

SB1310 Engrossed- 800 -LRB096 09456 RLC 19613 b

1    relates to his or her adjustment in the community while on
2    parole or mandatory supervised release or to his or her
3    conduct while incarcerated, in response to inquiries by his
4    or her parole agent or of the Department of Corrections;
5        (15) follow any specific instructions provided by the
6    parole agent that are consistent with furthering
7    conditions set and approved by the Prisoner Review Board or
8    by law, exclusive of placement on electronic detention, to
9    achieve the goals and objectives of his or her parole or
10    mandatory supervised release or to protect the public.
11    These instructions by the parole agent may be modified at
12    any time, as the agent deems appropriate;
13        (16) if convicted of a sex offense as defined in
14    subsection (a-5) of Section 3-1-2 of this Code, unless the
15    offender is a parent or guardian of the person under 18
16    years of age present in the home and no non-familial minors
17    are present, not participate in a holiday event involving
18    children under 18 years of age, such as distributing candy
19    or other items to children on Halloween, wearing a Santa
20    Claus costume on or preceding Christmas, being employed as
21    a department store Santa Claus, or wearing an Easter Bunny
22    costume on or preceding Easter; and
23        (17) if convicted of a violation of an order of
24    protection under Section 12-30 of the Criminal Code of
25    1961, be placed under electronic surveillance as provided
26    in Section 5-8A-7 of this Code.

 

 

SB1310 Engrossed- 801 -LRB096 09456 RLC 19613 b

1    (b) The Board may in addition to other conditions require
2that the subject:
3        (1) work or pursue a course of study or vocational
4    training;
5        (2) undergo medical or psychiatric treatment, or
6    treatment for drug addiction or alcoholism;
7        (3) attend or reside in a facility established for the
8    instruction or residence of persons on probation or parole;
9        (4) support his dependents;
10        (5) (blank);
11        (6) (blank);
12        (7) comply with the terms and conditions of an order of
13    protection issued pursuant to the Illinois Domestic
14    Violence Act of 1986, enacted by the 84th General Assembly,
15    or an order of protection issued by the court of another
16    state, tribe, or United States territory;
17        (7.5) if convicted for an offense committed on or after
18    the effective date of this amendatory Act of the 95th
19    General Assembly that would qualify the accused as a child
20    sex offender as defined in Section 11-9.3 or 11-9.4 of the
21    Criminal Code of 1961, refrain from communicating with or
22    contacting, by means of the Internet, a person who is
23    related to the accused and whom the accused reasonably
24    believes to be under 18 years of age; for purposes of this
25    paragraph (7.5), "Internet" has the meaning ascribed to it
26    in Section 16J-5 of the Criminal Code of 1961; and a person

 

 

SB1310 Engrossed- 802 -LRB096 09456 RLC 19613 b

1    is related to the accused if the person is: (i) the spouse,
2    brother, or sister of the accused; (ii) a descendant of the
3    accused; (iii) a first or second cousin of the accused; or
4    (iv) a step-child or adopted child of the accused;
5        (7.6) if convicted for an offense committed on or after
6    June 1, 2009 (the effective date of Public Act 95-983) that
7    would qualify as a sex offense as defined in the Sex
8    Offender Registration Act:
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the Department;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's supervising
15        agent, a law enforcement officer, or assigned computer
16        or information technology specialist, including the
17        retrieval and copying of all data from the computer or
18        device and any internal or external peripherals and
19        removal of such information, equipment, or device to
20        conduct a more thorough inspection;
21            (iii) submit to the installation on the offender's
22        computer or device with Internet capability, at the
23        offender's expense, of one or more hardware or software
24        systems to monitor the Internet use; and
25            (iv) submit to any other appropriate restrictions
26        concerning the offender's use of or access to a

 

 

SB1310 Engrossed- 803 -LRB096 09456 RLC 19613 b

1        computer or any other device with Internet capability
2        imposed by the Board, the Department or the offender's
3        supervising agent; and
4        (8) in addition, if a minor:
5            (i) reside with his parents or in a foster home;
6            (ii) attend school;
7            (iii) attend a non-residential program for youth;
8        or
9            (iv) contribute to his own support at home or in a
10        foster home.
11    (b-1) In addition to the conditions set forth in
12subsections (a) and (b), persons required to register as sex
13offenders pursuant to the Sex Offender Registration Act, upon
14release from the custody of the Illinois Department of
15Corrections, may be required by the Board to comply with the
16following specific conditions of release:
17        (1) reside only at a Department approved location;
18        (2) comply with all requirements of the Sex Offender
19    Registration Act;
20        (3) notify third parties of the risks that may be
21    occasioned by his or her criminal record;
22        (4) obtain the approval of an agent of the Department
23    of Corrections prior to accepting employment or pursuing a
24    course of study or vocational training and notify the
25    Department prior to any change in employment, study, or
26    training;

 

 

SB1310 Engrossed- 804 -LRB096 09456 RLC 19613 b

1        (5) not be employed or participate in any volunteer
2    activity that involves contact with children, except under
3    circumstances approved in advance and in writing by an
4    agent of the Department of Corrections;
5        (6) be electronically monitored for a minimum of 12
6    months from the date of release as determined by the Board;
7        (7) refrain from entering into a designated geographic
8    area except upon terms approved in advance by an agent of
9    the Department of Corrections. The terms may include
10    consideration of the purpose of the entry, the time of day,
11    and others accompanying the person;
12        (8) refrain from having any contact, including written
13    or oral communications, directly or indirectly, personally
14    or by telephone, letter, or through a third party with
15    certain specified persons including, but not limited to,
16    the victim or the victim's family without the prior written
17    approval of an agent of the Department of Corrections;
18        (9) refrain from all contact, directly or indirectly,
19    personally, by telephone, letter, or through a third party,
20    with minor children without prior identification and
21    approval of an agent of the Department of Corrections;
22        (10) neither possess or have under his or her control
23    any material that is sexually oriented, sexually
24    stimulating, or that shows male or female sex organs or any
25    pictures depicting children under 18 years of age nude or
26    any written or audio material describing sexual

 

 

SB1310 Engrossed- 805 -LRB096 09456 RLC 19613 b

1    intercourse or that depicts or alludes to sexual activity,
2    including but not limited to visual, auditory, telephonic,
3    or electronic media, or any matter obtained through access
4    to any computer or material linked to computer access use;
5        (11) not patronize any business providing sexually
6    stimulating or sexually oriented entertainment nor utilize
7    "900" or adult telephone numbers;
8        (12) not reside near, visit, or be in or about parks,
9    schools, day care centers, swimming pools, beaches,
10    theaters, or any other places where minor children
11    congregate without advance approval of an agent of the
12    Department of Corrections and immediately report any
13    incidental contact with minor children to the Department;
14        (13) not possess or have under his or her control
15    certain specified items of contraband related to the
16    incidence of sexually offending as determined by an agent
17    of the Department of Corrections;
18        (14) may be required to provide a written daily log of
19    activities if directed by an agent of the Department of
20    Corrections;
21        (15) comply with all other special conditions that the
22    Department may impose that restrict the person from
23    high-risk situations and limit access to potential
24    victims;
25        (16) take an annual polygraph exam;
26        (17) maintain a log of his or her travel; or

 

 

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1        (18) obtain prior approval of his or her parole officer
2    before driving alone in a motor vehicle.
3    (c) The conditions under which the parole or mandatory
4supervised release is to be served shall be communicated to the
5person in writing prior to his release, and he shall sign the
6same before release. A signed copy of these conditions,
7including a copy of an order of protection where one had been
8issued by the criminal court, shall be retained by the person
9and another copy forwarded to the officer in charge of his
10supervision.
11    (d) After a hearing under Section 3-3-9, the Prisoner
12Review Board may modify or enlarge the conditions of parole or
13mandatory supervised release.
14    (e) The Department shall inform all offenders committed to
15the Department of the optional services available to them upon
16release and shall assist inmates in availing themselves of such
17optional services upon their release on a voluntary basis.
18    (f) When the subject is in compliance with all conditions
19of his or her parole or mandatory supervised release, the
20subject shall receive a reduction of the period of his or her
21parole or mandatory supervised release of 90 days upon passage
22of the high school level Test of General Educational
23Development during the period of his or her parole or mandatory
24supervised release. This reduction in the period of a subject's
25term of parole or mandatory supervised release shall be
26available only to subjects who have not previously earned a

 

 

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1high school diploma or who have not previously passed the high
2school level Test of General Educational Development.
3(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
4eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
5eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
696-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
796-1000, eff. 7-2-10.)
 
8    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
9    Sec. 5-3-2. Presentence Report.
10    (a) In felony cases, the presentence report shall set
11forth:
12        (1) the defendant's history of delinquency or
13    criminality, physical and mental history and condition,
14    family situation and background, economic status,
15    education, occupation and personal habits;
16        (2) information about special resources within the
17    community which might be available to assist the
18    defendant's rehabilitation, including treatment centers,
19    residential facilities, vocational training services,
20    correctional manpower programs, employment opportunities,
21    special educational programs, alcohol and drug abuse
22    programming, psychiatric and marriage counseling, and
23    other programs and facilities which could aid the
24    defendant's successful reintegration into society;
25        (3) the effect the offense committed has had upon the

 

 

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1    victim or victims thereof, and any compensatory benefit
2    that various sentencing alternatives would confer on such
3    victim or victims;
4        (4) information concerning the defendant's status
5    since arrest, including his record if released on his own
6    recognizance, or the defendant's achievement record if
7    released on a conditional pre-trial supervision program;
8        (5) when appropriate, a plan, based upon the personal,
9    economic and social adjustment needs of the defendant,
10    utilizing public and private community resources as an
11    alternative to institutional sentencing;
12        (6) any other matters that the investigatory officer
13    deems relevant or the court directs to be included; and
14        (7) information concerning defendant's eligibility for
15    a sentence to a county impact incarceration program under
16    Section 5-8-1.2 of this Code.
17    (b) The investigation shall include a physical and mental
18examination of the defendant when so ordered by the court. If
19the court determines that such an examination should be made,
20it shall issue an order that the defendant submit to
21examination at such time and place as designated by the court
22and that such examination be conducted by a physician,
23psychologist or psychiatrist designated by the court. Such an
24examination may be conducted in a court clinic if so ordered by
25the court. The cost of such examination shall be paid by the
26county in which the trial is held.

 

 

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1    (b-5) In cases involving felony sex offenses in which the
2offender is being considered for probation only or any felony
3offense that is sexually motivated as defined in the Sex
4Offender Management Board Act in which the offender is being
5considered for probation only, the investigation shall include
6a sex offender evaluation by an evaluator approved by the Board
7and conducted in conformance with the standards developed under
8the Sex Offender Management Board Act. In cases in which the
9offender is being considered for any mandatory prison sentence,
10the investigation shall not include a sex offender evaluation.
11    (c) In misdemeanor, business offense or petty offense
12cases, except as specified in subsection (d) of this Section,
13when a presentence report has been ordered by the court, such
14presentence report shall contain information on the
15defendant's history of delinquency or criminality and shall
16further contain only those matters listed in any of paragraphs
17(1) through (6) of subsection (a) or in subsection (b) of this
18Section as are specified by the court in its order for the
19report.
20    (d) In cases under Sections 11-1.50, Section 12-15, and
21Section 12-30 of the Criminal Code of 1961, as amended, the
22presentence report shall set forth information about alcohol,
23drug abuse, psychiatric, and marriage counseling or other
24treatment programs and facilities, information on the
25defendant's history of delinquency or criminality, and shall
26contain those additional matters listed in any of paragraphs

 

 

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1(1) through (6) of subsection (a) or in subsection (b) of this
2Section as are specified by the court.
3    (e) Nothing in this Section shall cause the defendant to be
4held without bail or to have his bail revoked for the purpose
5of preparing the presentence report or making an examination.
6(Source: P.A. 96-322, eff. 1-1-10.)
 
7    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
8    Sec. 5-4-1. Sentencing Hearing.
9    (a) Except when the death penalty is sought under hearing
10procedures otherwise specified, after a determination of
11guilt, a hearing shall be held to impose the sentence. However,
12prior to the imposition of sentence on an individual being
13sentenced for an offense based upon a charge for a violation of
14Section 11-501 of the Illinois Vehicle Code or a similar
15provision of a local ordinance, the individual must undergo a
16professional evaluation to determine if an alcohol or other
17drug abuse problem exists and the extent of such a problem.
18Programs conducting these evaluations shall be licensed by the
19Department of Human Services. However, if the individual is not
20a resident of Illinois, the court may, in its discretion,
21accept an evaluation from a program in the state of such
22individual's residence. The court may in its sentencing order
23approve an eligible defendant for placement in a Department of
24Corrections impact incarceration program as provided in
25Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing

 

 

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1order recommend a defendant for placement in a Department of
2Corrections substance abuse treatment program as provided in
3paragraph (a) of subsection (1) of Section 3-2-2 conditioned
4upon the defendant being accepted in a program by the
5Department of Corrections. At the hearing the court shall:
6        (1) consider the evidence, if any, received upon the
7    trial;
8        (2) consider any presentence reports;
9        (3) consider the financial impact of incarceration
10    based on the financial impact statement filed with the
11    clerk of the court by the Department of Corrections;
12        (4) consider evidence and information offered by the
13    parties in aggravation and mitigation;
14        (4.5) consider substance abuse treatment, eligibility
15    screening, and an assessment, if any, of the defendant by
16    an agent designated by the State of Illinois to provide
17    assessment services for the Illinois courts;
18        (5) hear arguments as to sentencing alternatives;
19        (6) afford the defendant the opportunity to make a
20    statement in his own behalf;
21        (7) afford the victim of a violent crime or a violation
22    of Section 11-501 of the Illinois Vehicle Code, or a
23    similar provision of a local ordinance, or a qualified
24    individual affected by: (i) a violation of Section 405,
25    405.1, 405.2, or 407 of the Illinois Controlled Substances
26    Act or a violation of Section 55 or Section 65 of the

 

 

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1    Methamphetamine Control and Community Protection Act, or
2    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
3    except as described in subdivisions (a)(2)(A) and
4    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
5    Criminal Code of 1961, committed by the defendant the
6    opportunity to make a statement concerning the impact on
7    the victim and to offer evidence in aggravation or
8    mitigation; provided that the statement and evidence
9    offered in aggravation or mitigation must first be prepared
10    in writing in conjunction with the State's Attorney before
11    it may be presented orally at the hearing. Any sworn
12    testimony offered by the victim is subject to the
13    defendant's right to cross-examine. All statements and
14    evidence offered under this paragraph (7) shall become part
15    of the record of the court. For the purpose of this
16    paragraph (7), "qualified individual" means any person who
17    (i) lived or worked within the territorial jurisdiction
18    where the offense took place when the offense took place;
19    and (ii) is familiar with various public places within the
20    territorial jurisdiction where the offense took place when
21    the offense took place. For the purposes of this paragraph
22    (7), "qualified individual" includes any peace officer, or
23    any member of any duly organized State, county, or
24    municipal peace unit assigned to the territorial
25    jurisdiction where the offense took place when the offense
26    took place;

 

 

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1        (8) in cases of reckless homicide afford the victim's
2    spouse, guardians, parents or other immediate family
3    members an opportunity to make oral statements;
4        (9) in cases involving a felony sex offense as defined
5    under the Sex Offender Management Board Act, consider the
6    results of the sex offender evaluation conducted pursuant
7    to Section 5-3-2 of this Act; and
8        (10) make a finding of whether a motor vehicle was used
9    in the commission of the offense for which the defendant is
10    being sentenced.
11    (b) All sentences shall be imposed by the judge based upon
12his independent assessment of the elements specified above and
13any agreement as to sentence reached by the parties. The judge
14who presided at the trial or the judge who accepted the plea of
15guilty shall impose the sentence unless he is no longer sitting
16as a judge in that court. Where the judge does not impose
17sentence at the same time on all defendants who are convicted
18as a result of being involved in the same offense, the
19defendant or the State's Attorney may advise the sentencing
20court of the disposition of any other defendants who have been
21sentenced.
22    (c) In imposing a sentence for a violent crime or for an
23offense of operating or being in physical control of a vehicle
24while under the influence of alcohol, any other drug or any
25combination thereof, or a similar provision of a local
26ordinance, when such offense resulted in the personal injury to

 

 

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1someone other than the defendant, the trial judge shall specify
2on the record the particular evidence, information, factors in
3mitigation and aggravation or other reasons that led to his
4sentencing determination. The full verbatim record of the
5sentencing hearing shall be filed with the clerk of the court
6and shall be a public record.
7    (c-1) In imposing a sentence for the offense of aggravated
8kidnapping for ransom, home invasion, armed robbery,
9aggravated vehicular hijacking, aggravated discharge of a
10firearm, or armed violence with a category I weapon or category
11II weapon, the trial judge shall make a finding as to whether
12the conduct leading to conviction for the offense resulted in
13great bodily harm to a victim, and shall enter that finding and
14the basis for that finding in the record.
15    (c-2) If the defendant is sentenced to prison, other than
16when a sentence of natural life imprisonment or a sentence of
17death is imposed, at the time the sentence is imposed the judge
18shall state on the record in open court the approximate period
19of time the defendant will serve in custody according to the
20then current statutory rules and regulations for early release
21found in Section 3-6-3 and other related provisions of this
22Code. This statement is intended solely to inform the public,
23has no legal effect on the defendant's actual release, and may
24not be relied on by the defendant on appeal.
25    The judge's statement, to be given after pronouncing the
26sentence, other than when the sentence is imposed for one of

 

 

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1the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
2shall include the following:
3    "The purpose of this statement is to inform the public of
4the actual period of time this defendant is likely to spend in
5prison as a result of this sentence. The actual period of
6prison time served is determined by the statutes of Illinois as
7applied to this sentence by the Illinois Department of
8Corrections and the Illinois Prisoner Review Board. In this
9case, assuming the defendant receives all of his or her good
10conduct credit, the period of estimated actual custody is ...
11years and ... months, less up to 180 days additional good
12conduct credit for meritorious service. If the defendant,
13because of his or her own misconduct or failure to comply with
14the institutional regulations, does not receive those credits,
15the actual time served in prison will be longer. The defendant
16may also receive an additional one-half day good conduct credit
17for each day of participation in vocational, industry,
18substance abuse, and educational programs as provided for by
19Illinois statute."
20    When the sentence is imposed for one of the offenses
21enumerated in paragraph (a)(3) of Section 3-6-3, other than
22when the sentence is imposed for one of the offenses enumerated
23in paragraph (a)(2) of Section 3-6-3 committed on or after June
2419, 1998, and other than when the sentence is imposed for
25reckless homicide as defined in subsection (e) of Section 9-3
26of the Criminal Code of 1961 if the offense was committed on or

 

 

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1after January 1, 1999, and other than when the sentence is
2imposed for aggravated arson if the offense was committed on or
3after July 27, 2001 (the effective date of Public Act 92-176),
4and other than when the sentence is imposed for aggravated
5driving under the influence of alcohol, other drug or drugs, or
6intoxicating compound or compounds, or any combination thereof
7as defined in subparagraph (C) of paragraph (1) of subsection
8(d) of Section 11-501 of the Illinois Vehicle Code committed on
9or after January 1, 2011 (the effective date of Public Act
1096-1230) this amendatory Act of the 96th General Assembly, the
11judge's statement, to be given after pronouncing the sentence,
12shall include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois as
17applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, assuming the defendant receives all of his or her good
20conduct credit, the period of estimated actual custody is ...
21years and ... months, less up to 90 days additional good
22conduct credit for meritorious service. If the defendant,
23because of his or her own misconduct or failure to comply with
24the institutional regulations, does not receive those credits,
25the actual time served in prison will be longer. The defendant
26may also receive an additional one-half day good conduct credit

 

 

SB1310 Engrossed- 817 -LRB096 09456 RLC 19613 b

1for each day of participation in vocational, industry,
2substance abuse, and educational programs as provided for by
3Illinois statute."
4    When the sentence is imposed for one of the offenses
5enumerated in paragraph (a)(2) of Section 3-6-3, other than
6first degree murder, and the offense was committed on or after
7June 19, 1998, and when the sentence is imposed for reckless
8homicide as defined in subsection (e) of Section 9-3 of the
9Criminal Code of 1961 if the offense was committed on or after
10January 1, 1999, and when the sentence is imposed for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of paragraph
14(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15Code, and when the sentence is imposed for aggravated arson if
16the offense was committed on or after July 27, 2001 (the
17effective date of Public Act 92-176), and when the sentence is
18imposed for aggravated driving under the influence of alcohol,
19other drug or drugs, or intoxicating compound or compounds, or
20any combination thereof as defined in subparagraph (C) of
21paragraph (1) of subsection (d) of Section 11-501 of the
22Illinois Vehicle Code committed on or after January 1, 2011
23(the effective date of Public Act 96-1230) this amendatory Act
24of the 96th General Assembly, the judge's statement, to be
25given after pronouncing the sentence, shall include the
26following:

 

 

SB1310 Engrossed- 818 -LRB096 09456 RLC 19613 b

1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, the defendant is entitled to no more than 4 1/2 days of
8good conduct credit for each month of his or her sentence of
9imprisonment. Therefore, this defendant will serve at least 85%
10of his or her sentence. Assuming the defendant receives 4 1/2
11days credit for each month of his or her sentence, the period
12of estimated actual custody is ... years and ... months. If the
13defendant, because of his or her own misconduct or failure to
14comply with the institutional regulations receives lesser
15credit, the actual time served in prison will be longer."
16    When a sentence of imprisonment is imposed for first degree
17murder and the offense was committed on or after June 19, 1998,
18the judge's statement, to be given after pronouncing the
19sentence, shall include the following:
20    "The purpose of this statement is to inform the public of
21the actual period of time this defendant is likely to spend in
22prison as a result of this sentence. The actual period of
23prison time served is determined by the statutes of Illinois as
24applied to this sentence by the Illinois Department of
25Corrections and the Illinois Prisoner Review Board. In this
26case, the defendant is not entitled to good conduct credit.

 

 

SB1310 Engrossed- 819 -LRB096 09456 RLC 19613 b

1Therefore, this defendant will serve 100% of his or her
2sentence."
3    When the sentencing order recommends placement in a
4substance abuse program for any offense that results in
5incarceration in a Department of Corrections facility and the
6crime was committed on or after September 1, 2003 (the
7effective date of Public Act 93-354), the judge's statement, in
8addition to any other judge's statement required under this
9Section, to be given after pronouncing the sentence, shall
10include the following:
11    "The purpose of this statement is to inform the public of
12the actual period of time this defendant is likely to spend in
13prison as a result of this sentence. The actual period of
14prison time served is determined by the statutes of Illinois as
15applied to this sentence by the Illinois Department of
16Corrections and the Illinois Prisoner Review Board. In this
17case, the defendant shall receive no good conduct credit under
18clause (3) of subsection (a) of Section 3-6-3 until he or she
19participates in and completes a substance abuse treatment
20program or receives a waiver from the Director of Corrections
21pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
22    (c-4) Before the sentencing hearing and as part of the
23presentence investigation under Section 5-3-1, the court shall
24inquire of the defendant whether the defendant is currently
25serving in or is a veteran of the Armed Forces of the United
26States. If the defendant is currently serving in the Armed

 

 

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1Forces of the United States or is a veteran of the Armed Forces
2of the United States and has been diagnosed as having a mental
3illness by a qualified psychiatrist or clinical psychologist or
4physician, the court may:
5        (1) order that the officer preparing the presentence
6    report consult with the United States Department of
7    Veterans Affairs, Illinois Department of Veterans'
8    Affairs, or another agency or person with suitable
9    knowledge or experience for the purpose of providing the
10    court with information regarding treatment options
11    available to the defendant, including federal, State, and
12    local programming; and
13        (2) consider the treatment recommendations of any
14    diagnosing or treating mental health professionals
15    together with the treatment options available to the
16    defendant in imposing sentence.
17    For the purposes of this subsection (c-4), "qualified
18psychiatrist" means a reputable physician licensed in Illinois
19to practice medicine in all its branches, who has specialized
20in the diagnosis and treatment of mental and nervous disorders
21for a period of not less than 5 years.
22    (c-6) In imposing a sentence, the trial judge shall
23specify, on the record, the particular evidence and other
24reasons which led to his or her determination that a motor
25vehicle was used in the commission of the offense.
26    (d) When the defendant is committed to the Department of

 

 

SB1310 Engrossed- 821 -LRB096 09456 RLC 19613 b

1Corrections, the State's Attorney shall and counsel for the
2defendant may file a statement with the clerk of the court to
3be transmitted to the department, agency or institution to
4which the defendant is committed to furnish such department,
5agency or institution with the facts and circumstances of the
6offense for which the person was committed together with all
7other factual information accessible to them in regard to the
8person prior to his commitment relative to his habits,
9associates, disposition and reputation and any other facts and
10circumstances which may aid such department, agency or
11institution during its custody of such person. The clerk shall
12within 10 days after receiving any such statements transmit a
13copy to such department, agency or institution and a copy to
14the other party, provided, however, that this shall not be
15cause for delay in conveying the person to the department,
16agency or institution to which he has been committed.
17    (e) The clerk of the court shall transmit to the
18department, agency or institution, if any, to which the
19defendant is committed, the following:
20        (1) the sentence imposed;
21        (2) any statement by the court of the basis for
22    imposing the sentence;
23        (3) any presentence reports;
24        (3.5) any sex offender evaluations;
25        (3.6) any substance abuse treatment eligibility
26    screening and assessment of the defendant by an agent

 

 

SB1310 Engrossed- 822 -LRB096 09456 RLC 19613 b

1    designated by the State of Illinois to provide assessment
2    services for the Illinois courts;
3        (4) the number of days, if any, which the defendant has
4    been in custody and for which he is entitled to credit
5    against the sentence, which information shall be provided
6    to the clerk by the sheriff;
7        (4.1) any finding of great bodily harm made by the
8    court with respect to an offense enumerated in subsection
9    (c-1);
10        (5) all statements filed under subsection (d) of this
11    Section;
12        (6) any medical or mental health records or summaries
13    of the defendant;
14        (7) the municipality where the arrest of the offender
15    or the commission of the offense has occurred, where such
16    municipality has a population of more than 25,000 persons;
17        (8) all statements made and evidence offered under
18    paragraph (7) of subsection (a) of this Section; and
19        (9) all additional matters which the court directs the
20    clerk to transmit.
21    (f) In cases in which the court finds that a motor vehicle
22was used in the commission of the offense for which the
23defendant is being sentenced, the clerk of the court shall,
24within 5 days thereafter, forward a report of such conviction
25to the Secretary of State.
26(Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10;

 

 

SB1310 Engrossed- 823 -LRB096 09456 RLC 19613 b

196-1180, eff. 1-1-11; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
2    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
3    Sec. 5-4-3. Persons convicted of, or found delinquent for,
4certain offenses or institutionalized as sexually dangerous;
5specimens; genetic marker groups.
6    (a) Any person convicted of, found guilty under the
7Juvenile Court Act of 1987 for, or who received a disposition
8of court supervision for, a qualifying offense or attempt of a
9qualifying offense, convicted or found guilty of any offense
10classified as a felony under Illinois law, convicted or found
11guilty of any offense requiring registration under the Sex
12Offender Registration Act, found guilty or given supervision
13for any offense classified as a felony under the Juvenile Court
14Act of 1987, convicted or found guilty of, under the Juvenile
15Court Act of 1987, any offense requiring registration under the
16Sex Offender Registration Act, or institutionalized as a
17sexually dangerous person under the Sexually Dangerous Persons
18Act, or committed as a sexually violent person under the
19Sexually Violent Persons Commitment Act shall, regardless of
20the sentence or disposition imposed, be required to submit
21specimens of blood, saliva, or tissue to the Illinois
22Department of State Police in accordance with the provisions of
23this Section, provided such person is:
24        (1) convicted of a qualifying offense or attempt of a
25    qualifying offense on or after July 1, 1990 and sentenced

 

 

SB1310 Engrossed- 824 -LRB096 09456 RLC 19613 b

1    to a term of imprisonment, periodic imprisonment, fine,
2    probation, conditional discharge or any other form of
3    sentence, or given a disposition of court supervision for
4    the offense;
5        (1.5) found guilty or given supervision under the
6    Juvenile Court Act of 1987 for a qualifying offense or
7    attempt of a qualifying offense on or after January 1,
8    1997;
9        (2) ordered institutionalized as a sexually dangerous
10    person on or after July 1, 1990;
11        (3) convicted of a qualifying offense or attempt of a
12    qualifying offense before July 1, 1990 and is presently
13    confined as a result of such conviction in any State
14    correctional facility or county jail or is presently
15    serving a sentence of probation, conditional discharge or
16    periodic imprisonment as a result of such conviction;
17        (3.5) convicted or found guilty of any offense
18    classified as a felony under Illinois law or found guilty
19    or given supervision for such an offense under the Juvenile
20    Court Act of 1987 on or after August 22, 2002;
21        (4) presently institutionalized as a sexually
22    dangerous person or presently institutionalized as a
23    person found guilty but mentally ill of a sexual offense or
24    attempt to commit a sexual offense;
25        (4.5) ordered committed as a sexually violent person on
26    or after the effective date of the Sexually Violent Persons

 

 

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1    Commitment Act; or
2        (5) seeking transfer to or residency in Illinois under
3    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
4    Corrections and the Interstate Compact for Adult Offender
5    Supervision or the Interstate Agreements on Sexually
6    Dangerous Persons Act.
7    Notwithstanding other provisions of this Section, any
8person incarcerated in a facility of the Illinois Department of
9Corrections or the Illinois Department of Juvenile Justice on
10or after August 22, 2002, whether for a term of years, natural
11life, or a sentence of death, who has not yet submitted a
12sample of blood, saliva, or tissue shall be required to submit
13a specimen of blood, saliva, or tissue prior to his or her
14final discharge, or release on parole or mandatory supervised
15release, as a condition of his or her parole or mandatory
16supervised release, or within 6 months from August 13, 2009
17(the effective date of Public Act 96-426), whichever is sooner.
18A person incarcerated on or after August 13, 2009 (the
19effective date of Public Act 96-426) shall be required to
20submit a sample within 45 days of incarceration, or prior to
21his or her final discharge, or release on parole or mandatory
22supervised release, as a condition of his or her parole or
23mandatory supervised release, whichever is sooner. These
24specimens shall be placed into the State or national DNA
25database, to be used in accordance with other provisions of
26this Section, by the Illinois State Police.

 

 

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1    Notwithstanding other provisions of this Section, any
2person sentenced to life imprisonment in a facility of the
3Illinois Department of Corrections after the effective date of
4this amendatory Act of the 94th General Assembly or sentenced
5to death after the effective date of this amendatory Act of the
694th General Assembly shall be required to provide a specimen
7of blood, saliva, or tissue within 45 days after sentencing or
8disposition at a collection site designated by the Illinois
9Department of State Police. Any person serving a sentence of
10life imprisonment in a facility of the Illinois Department of
11Corrections on the effective date of this amendatory Act of the
1294th General Assembly or any person who is under a sentence of
13death on the effective date of this amendatory Act of the 94th
14General Assembly shall be required to provide a specimen of
15blood, saliva, or tissue upon request at a collection site
16designated by the Illinois Department of State Police.
17    (a-5) Any person who was otherwise convicted of or received
18a disposition of court supervision for any other offense under
19the Criminal Code of 1961 or who was found guilty or given
20supervision for such a violation under the Juvenile Court Act
21of 1987, may, regardless of the sentence imposed, be required
22by an order of the court to submit specimens of blood, saliva,
23or tissue to the Illinois Department of State Police in
24accordance with the provisions of this Section.
25    (b) Any person required by paragraphs (a)(1), (a)(1.5),
26(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,

 

 

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1saliva, or tissue shall provide specimens of blood, saliva, or
2tissue within 45 days after sentencing or disposition at a
3collection site designated by the Illinois Department of State
4Police.
5    (c) Any person required by paragraphs (a)(3), (a)(4), and
6(a)(4.5) to provide specimens of blood, saliva, or tissue shall
7be required to provide such samples prior to final discharge or
8within 6 months from August 13, 2009 (the effective date of
9Public Act 96-426), whichever is sooner. These specimens shall
10be placed into the State or national DNA database, to be used
11in accordance with other provisions of this Act, by the
12Illinois State Police.
13    (c-5) Any person required by paragraph (a)(5) to provide
14specimens of blood, saliva, or tissue shall, where feasible, be
15required to provide the specimens before being accepted for
16conditioned residency in Illinois under the interstate compact
17or agreement, but no later than 45 days after arrival in this
18State.
19    (c-6) The Illinois Department of State Police may determine
20which type of specimen or specimens, blood, saliva, or tissue,
21is acceptable for submission to the Division of Forensic
22Services for analysis.
23    (d) The Illinois Department of State Police shall provide
24all equipment and instructions necessary for the collection of
25blood samples. The collection of samples shall be performed in
26a medically approved manner. Only a physician authorized to

 

 

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1practice medicine, a registered nurse or other qualified person
2trained in venipuncture may withdraw blood for the purposes of
3this Act. The samples shall thereafter be forwarded to the
4Illinois Department of State Police, Division of Forensic
5Services, for analysis and categorizing into genetic marker
6groupings.
7    (d-1) The Illinois Department of State Police shall provide
8all equipment and instructions necessary for the collection of
9saliva samples. The collection of saliva samples shall be
10performed in a medically approved manner. Only a person trained
11in the instructions promulgated by the Illinois State Police on
12collecting saliva may collect saliva for the purposes of this
13Section. The samples shall thereafter be forwarded to the
14Illinois Department of State Police, Division of Forensic
15Services, for analysis and categorizing into genetic marker
16groupings.
17    (d-2) The Illinois Department of State Police shall provide
18all equipment and instructions necessary for the collection of
19tissue samples. The collection of tissue samples shall be
20performed in a medically approved manner. Only a person trained
21in the instructions promulgated by the Illinois State Police on
22collecting tissue may collect tissue for the purposes of this
23Section. The samples shall thereafter be forwarded to the
24Illinois Department of State Police, Division of Forensic
25Services, for analysis and categorizing into genetic marker
26groupings.

 

 

SB1310 Engrossed- 829 -LRB096 09456 RLC 19613 b

1    (d-5) To the extent that funds are available, the Illinois
2Department of State Police shall contract with qualified
3personnel and certified laboratories for the collection,
4analysis, and categorization of known samples, except as
5provided in subsection (n) of this Section.
6    (d-6) Agencies designated by the Illinois Department of
7State Police and the Illinois Department of State Police may
8contract with third parties to provide for the collection or
9analysis of DNA, or both, of an offender's blood, saliva, and
10tissue samples, except as provided in subsection (n) of this
11Section.
12    (e) The genetic marker groupings shall be maintained by the
13Illinois Department of State Police, Division of Forensic
14Services.
15    (f) The genetic marker grouping analysis information
16obtained pursuant to this Act shall be confidential and shall
17be released only to peace officers of the United States, of
18other states or territories, of the insular possessions of the
19United States, of foreign countries duly authorized to receive
20the same, to all peace officers of the State of Illinois and to
21all prosecutorial agencies, and to defense counsel as provided
22by Section 116-5 of the Code of Criminal Procedure of 1963. The
23genetic marker grouping analysis information obtained pursuant
24to this Act shall be used only for (i) valid law enforcement
25identification purposes and as required by the Federal Bureau
26of Investigation for participation in the National DNA

 

 

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1database, (ii) technology validation purposes, (iii) a
2population statistics database, (iv) quality assurance
3purposes if personally identifying information is removed, (v)
4assisting in the defense of the criminally accused pursuant to
5Section 116-5 of the Code of Criminal Procedure of 1963, or
6(vi) identifying and assisting in the prosecution of a person
7who is suspected of committing a sexual assault as defined in
8Section 1a of the Sexual Assault Survivors Emergency Treatment
9Act. Notwithstanding any other statutory provision to the
10contrary, all information obtained under this Section shall be
11maintained in a single State data base, which may be uploaded
12into a national database, and which information may be subject
13to expungement only as set forth in subsection (f-1).
14    (f-1) Upon receipt of notification of a reversal of a
15conviction based on actual innocence, or of the granting of a
16pardon pursuant to Section 12 of Article V of the Illinois
17Constitution, if that pardon document specifically states that
18the reason for the pardon is the actual innocence of an
19individual whose DNA record has been stored in the State or
20national DNA identification index in accordance with this
21Section by the Illinois Department of State Police, the DNA
22record shall be expunged from the DNA identification index, and
23the Department shall by rule prescribe procedures to ensure
24that the record and any samples, analyses, or other documents
25relating to such record, whether in the possession of the
26Department or any law enforcement or police agency, or any

 

 

SB1310 Engrossed- 831 -LRB096 09456 RLC 19613 b

1forensic DNA laboratory, including any duplicates or copies
2thereof, are destroyed and a letter is sent to the court
3verifying the expungement is completed.
4    (f-5) Any person who intentionally uses genetic marker
5grouping analysis information, or any other information
6derived from a DNA sample, beyond the authorized uses as
7provided under this Section, or any other Illinois law, is
8guilty of a Class 4 felony, and shall be subject to a fine of
9not less than $5,000.
10    (f-6) The Illinois Department of State Police may contract
11with third parties for the purposes of implementing this
12amendatory Act of the 93rd General Assembly, except as provided
13in subsection (n) of this Section. Any other party contracting
14to carry out the functions of this Section shall be subject to
15the same restrictions and requirements of this Section insofar
16as applicable, as the Illinois Department of State Police, and
17to any additional restrictions imposed by the Illinois
18Department of State Police.
19    (g) For the purposes of this Section, "qualifying offense"
20means any of the following:
21        (1) any violation or inchoate violation of Section
22    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
23    12-16 of the Criminal Code of 1961;
24        (1.1) any violation or inchoate violation of Section
25    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
26    18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which

 

 

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1    persons are convicted on or after July 1, 2001;
2        (2) any former statute of this State which defined a
3    felony sexual offense;
4        (3) (blank);
5        (4) any inchoate violation of Section 9-3.1, 11-9.3,
6    12-7.3, or 12-7.4 of the Criminal Code of 1961; or
7        (5) any violation or inchoate violation of Article 29D
8    of the Criminal Code of 1961.
9    (g-5) (Blank).
10    (h) The Illinois Department of State Police shall be the
11State central repository for all genetic marker grouping
12analysis information obtained pursuant to this Act. The
13Illinois Department of State Police may promulgate rules for
14the form and manner of the collection of blood, saliva, or
15tissue samples and other procedures for the operation of this
16Act. The provisions of the Administrative Review Law shall
17apply to all actions taken under the rules so promulgated.
18    (i) (1) A person required to provide a blood, saliva, or
19    tissue specimen shall cooperate with the collection of the
20    specimen and any deliberate act by that person intended to
21    impede, delay or stop the collection of the blood, saliva,
22    or tissue specimen is a Class A misdemeanor.
23        (2) In the event that a person's DNA sample is not
24    adequate for any reason, the person shall provide another
25    DNA sample for analysis. Duly authorized law enforcement
26    and corrections personnel may employ reasonable force in

 

 

SB1310 Engrossed- 833 -LRB096 09456 RLC 19613 b

1    cases in which an individual refuses to provide a DNA
2    sample required under this Act.
3    (j) Any person required by subsection (a) to submit
4specimens of blood, saliva, or tissue to the Illinois
5Department of State Police for analysis and categorization into
6genetic marker grouping, in addition to any other disposition,
7penalty, or fine imposed, shall pay an analysis fee of $200. If
8the analysis fee is not paid at the time of sentencing, the
9court shall establish a fee schedule by which the entire amount
10of the analysis fee shall be paid in full, such schedule not to
11exceed 24 months from the time of conviction. The inability to
12pay this analysis fee shall not be the sole ground to
13incarcerate the person.
14    (k) All analysis and categorization fees provided for by
15subsection (j) shall be regulated as follows:
16        (1) The State Offender DNA Identification System Fund
17    is hereby created as a special fund in the State Treasury.
18        (2) All fees shall be collected by the clerk of the
19    court and forwarded to the State Offender DNA
20    Identification System Fund for deposit. The clerk of the
21    circuit court may retain the amount of $10 from each
22    collected analysis fee to offset administrative costs
23    incurred in carrying out the clerk's responsibilities
24    under this Section.
25        (3) Fees deposited into the State Offender DNA
26    Identification System Fund shall be used by Illinois State

 

 

SB1310 Engrossed- 834 -LRB096 09456 RLC 19613 b

1    Police crime laboratories as designated by the Director of
2    State Police. These funds shall be in addition to any
3    allocations made pursuant to existing laws and shall be
4    designated for the exclusive use of State crime
5    laboratories. These uses may include, but are not limited
6    to, the following:
7            (A) Costs incurred in providing analysis and
8        genetic marker categorization as required by
9        subsection (d).
10            (B) Costs incurred in maintaining genetic marker
11        groupings as required by subsection (e).
12            (C) Costs incurred in the purchase and maintenance
13        of equipment for use in performing analyses.
14            (D) Costs incurred in continuing research and
15        development of new techniques for analysis and genetic
16        marker categorization.
17            (E) Costs incurred in continuing education,
18        training, and professional development of forensic
19        scientists regularly employed by these laboratories.
20    (l) The failure of a person to provide a specimen, or of
21any person or agency to collect a specimen, within the 45 day
22period shall in no way alter the obligation of the person to
23submit such specimen, or the authority of the Illinois
24Department of State Police or persons designated by the
25Department to collect the specimen, or the authority of the
26Illinois Department of State Police to accept, analyze and

 

 

SB1310 Engrossed- 835 -LRB096 09456 RLC 19613 b

1maintain the specimen or to maintain or upload results of
2genetic marker grouping analysis information into a State or
3national database.
4    (m) If any provision of this amendatory Act of the 93rd
5General Assembly is held unconstitutional or otherwise
6invalid, the remainder of this amendatory Act of the 93rd
7General Assembly is not affected.
8    (n) Neither the Department of State Police, the Division of
9Forensic Services, nor any laboratory of the Division of
10Forensic Services may contract out forensic testing for the
11purpose of an active investigation or a matter pending before a
12court of competent jurisdiction without the written consent of
13the prosecuting agency. For the purposes of this subsection
14(n), "forensic testing" includes the analysis of physical
15evidence in an investigation or other proceeding for the
16prosecution of a violation of the Criminal Code of 1961 or for
17matters adjudicated under the Juvenile Court Act of 1987, and
18includes the use of forensic databases and databanks, including
19DNA, firearm, and fingerprint databases, and expert testimony.
20(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
2196-1000, eff. 7-2-10.)
 
22    (730 ILCS 5/5-4-3.2)
23    Sec. 5-4-3.2. Collection and storage of Internet protocol
24addresses.
25    (a) Cyber-crimes Location Database. The Attorney General

 

 

SB1310 Engrossed- 836 -LRB096 09456 RLC 19613 b

1is hereby authorized to establish and maintain the "Illinois
2Cyber-crimes Location Database" (ICLD) to collect, store, and
3use Internet protocol (IP) addresses for purposes of
4investigating and prosecuting child exploitation crimes on the
5Internet.
6    (b) "Internet protocol address" means the string of numbers
7by which a location on the Internet is identified by routers or
8other computers connected to the Internet.
9    (c) Collection of Internet Protocol addresses.
10        (1) Collection upon commitment under the Sexually
11    Dangerous Persons Act. Upon motion for a defendant's
12    confinement under the Sexually Dangerous Persons Act for
13    criminal charges under Section 11-6, 11-20.1, 11-20.1B,
14    11-20.3, or 11-21 of the Criminal Code of 1961, the State's
15    Attorney or Attorney General shall record all Internet
16    protocol (IP) addresses which the defendant may access from
17    his or her residence or place of employment, registered in
18    his or her name, or otherwise has under his or her control
19    or custody.
20        (2) Collection upon conviction. Upon conviction for
21    crimes under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
22    11-21 of the Criminal Code of 1961, a State's Attorney
23    shall record from defendants all Internet protocol (IP)
24    addresses which the defendant may access from his or her
25    residence or place of employment, registered in his or her
26    name, or otherwise has under his or her control or custody,

 

 

SB1310 Engrossed- 837 -LRB096 09456 RLC 19613 b

1    regardless of the sentence or disposition imposed.
2    (d) Storage and use of the Database. Internet protocol (IP)
3addresses recorded pursuant to this Section shall be submitted
4to the Attorney General for storage and use in the Illinois
5Cyber-crimes Location Database. The Attorney General and its
6designated agents may access the database for the purpose of
7investigation and prosecution of crimes listed in this Section.
8In addition, the Attorney General is authorized to share
9information stored in the database with the National Center for
10Missing and Exploited Children (NCMEC) and any federal, state,
11or local law enforcement agencies for the investigation or
12prosecution of child exploitation crimes.
13(Source: P.A. 95-579, eff. 8-31-07.)
 
14    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
15    Sec. 5-5-3. Disposition.
16    (a) (Blank).
17    (b) (Blank).
18    (c) (1) (Blank).
19        (2) A period of probation, a term of periodic
20    imprisonment or conditional discharge shall not be imposed
21    for the following offenses. The court shall sentence the
22    offender to not less than the minimum term of imprisonment
23    set forth in this Code for the following offenses, and may
24    order a fine or restitution or both in conjunction with
25    such term of imprisonment:

 

 

SB1310 Engrossed- 838 -LRB096 09456 RLC 19613 b

1            (A) First degree murder where the death penalty is
2        not imposed.
3            (B) Attempted first degree murder.
4            (C) A Class X felony.
5            (D) A violation of Section 401.1 or 407 of the
6        Illinois Controlled Substances Act, or a violation of
7        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
8        of that Act which relates to more than 5 grams of a
9        substance containing heroin, cocaine, fentanyl, or an
10        analog thereof.
11            (E) A violation of Section 5.1 or 9 of the Cannabis
12        Control Act.
13            (F) A Class 2 or greater felony if the offender had
14        been convicted of a Class 2 or greater felony,
15        including any state or federal conviction for an
16        offense that contained, at the time it was committed,
17        the same elements as an offense now (the date of the
18        offense committed after the prior Class 2 or greater
19        felony) classified as a Class 2 or greater felony,
20        within 10 years of the date on which the offender
21        committed the offense for which he or she is being
22        sentenced, except as otherwise provided in Section
23        40-10 of the Alcoholism and Other Drug Abuse and
24        Dependency Act.
25            (F-5) A violation of Section 24-1, 24-1.1, or
26        24-1.6 of the Criminal Code of 1961 for which

 

 

SB1310 Engrossed- 839 -LRB096 09456 RLC 19613 b

1        imprisonment is prescribed in those Sections.
2            (G) Residential burglary, except as otherwise
3        provided in Section 40-10 of the Alcoholism and Other
4        Drug Abuse and Dependency Act.
5            (H) Criminal sexual assault.
6            (I) Aggravated battery of a senior citizen.
7            (J) A forcible felony if the offense was related to
8        the activities of an organized gang.
9            Before July 1, 1994, for the purposes of this
10        paragraph, "organized gang" means an association of 5
11        or more persons, with an established hierarchy, that
12        encourages members of the association to perpetrate
13        crimes or provides support to the members of the
14        association who do commit crimes.
15            Beginning July 1, 1994, for the purposes of this
16        paragraph, "organized gang" has the meaning ascribed
17        to it in Section 10 of the Illinois Streetgang
18        Terrorism Omnibus Prevention Act.
19            (K) Vehicular hijacking.
20            (L) A second or subsequent conviction for the
21        offense of hate crime when the underlying offense upon
22        which the hate crime is based is felony aggravated
23        assault or felony mob action.
24            (M) A second or subsequent conviction for the
25        offense of institutional vandalism if the damage to the
26        property exceeds $300.

 

 

SB1310 Engrossed- 840 -LRB096 09456 RLC 19613 b

1            (N) A Class 3 felony violation of paragraph (1) of
2        subsection (a) of Section 2 of the Firearm Owners
3        Identification Card Act.
4            (O) A violation of Section 12-6.1 of the Criminal
5        Code of 1961.
6            (P) A violation of paragraph (1), (2), (3), (4),
7        (5), or (7) of subsection (a) of Section 11-20.1 of the
8        Criminal Code of 1961.
9            (Q) A violation of Section 20-1.2 or 20-1.3 of the
10        Criminal Code of 1961.
11            (R) A violation of Section 24-3A of the Criminal
12        Code of 1961.
13            (S) (Blank).
14            (T) A second or subsequent violation of the
15        Methamphetamine Control and Community Protection Act.
16            (U) A second or subsequent violation of Section
17        6-303 of the Illinois Vehicle Code committed while his
18        or her driver's license, permit, or privilege was
19        revoked because of a violation of Section 9-3 of the
20        Criminal Code of 1961, relating to the offense of
21        reckless homicide, or a similar provision of a law of
22        another state.
23            (V) A violation of paragraph (4) of subsection (c)
24        of Section 11-20.1B or paragraph (4) of subsection (c)
25        of Section 11-20.3 of the Criminal Code of 1961.
26            (W) A violation of Section 24-3.5 of the Criminal

 

 

SB1310 Engrossed- 841 -LRB096 09456 RLC 19613 b

1        Code of 1961.
2            (X) A violation of subsection (a) of Section 31-1a
3        of the Criminal Code of 1961.
4            (Y) A conviction for unlawful possession of a
5        firearm by a street gang member when the firearm was
6        loaded or contained firearm ammunition.
7            (Z) A Class 1 felony committed while he or she was
8        serving a term of probation or conditional discharge
9        for a felony.
10            (AA) Theft of property exceeding $500,000 and not
11        exceeding $1,000,000 in value.
12            (BB) Laundering of criminally derived property of
13        a value exceeding $500,000.
14            (CC) Knowingly selling, offering for sale, holding
15        for sale, or using 2,000 or more counterfeit items or
16        counterfeit items having a retail value in the
17        aggregate of $500,000 or more.
18        (3) (Blank).
19        (4) A minimum term of imprisonment of not less than 10
20    consecutive days or 30 days of community service shall be
21    imposed for a violation of paragraph (c) of Section 6-303
22    of the Illinois Vehicle Code.
23        (4.1) (Blank).
24        (4.2) Except as provided in paragraphs (4.3) and (4.8)
25    of this subsection (c), a minimum of 100 hours of community
26    service shall be imposed for a second violation of Section

 

 

SB1310 Engrossed- 842 -LRB096 09456 RLC 19613 b

1    6-303 of the Illinois Vehicle Code.
2        (4.3) A minimum term of imprisonment of 30 days or 300
3    hours of community service, as determined by the court,
4    shall be imposed for a second violation of subsection (c)
5    of Section 6-303 of the Illinois Vehicle Code.
6        (4.4) Except as provided in paragraphs (4.5), (4.6),
7    and (4.9) of this subsection (c), a minimum term of
8    imprisonment of 30 days or 300 hours of community service,
9    as determined by the court, shall be imposed for a third or
10    subsequent violation of Section 6-303 of the Illinois
11    Vehicle Code.
12        (4.5) A minimum term of imprisonment of 30 days shall
13    be imposed for a third violation of subsection (c) of
14    Section 6-303 of the Illinois Vehicle Code.
15        (4.6) Except as provided in paragraph (4.10) of this
16    subsection (c), a minimum term of imprisonment of 180 days
17    shall be imposed for a fourth or subsequent violation of
18    subsection (c) of Section 6-303 of the Illinois Vehicle
19    Code.
20        (4.7) A minimum term of imprisonment of not less than
21    30 consecutive days, or 300 hours of community service,
22    shall be imposed for a violation of subsection (a-5) of
23    Section 6-303 of the Illinois Vehicle Code, as provided in
24    subsection (b-5) of that Section.
25        (4.8) A mandatory prison sentence shall be imposed for
26    a second violation of subsection (a-5) of Section 6-303 of

 

 

SB1310 Engrossed- 843 -LRB096 09456 RLC 19613 b

1    the Illinois Vehicle Code, as provided in subsection (c-5)
2    of that Section. The person's driving privileges shall be
3    revoked for a period of not less than 5 years from the date
4    of his or her release from prison.
5        (4.9) A mandatory prison sentence of not less than 4
6    and not more than 15 years shall be imposed for a third
7    violation of subsection (a-5) of Section 6-303 of the
8    Illinois Vehicle Code, as provided in subsection (d-2.5) of
9    that Section. The person's driving privileges shall be
10    revoked for the remainder of his or her life.
11        (4.10) A mandatory prison sentence for a Class 1 felony
12    shall be imposed, and the person shall be eligible for an
13    extended term sentence, for a fourth or subsequent
14    violation of subsection (a-5) of Section 6-303 of the
15    Illinois Vehicle Code, as provided in subsection (d-3.5) of
16    that Section. The person's driving privileges shall be
17    revoked for the remainder of his or her life.
18        (5) The court may sentence a corporation or
19    unincorporated association convicted of any offense to:
20            (A) a period of conditional discharge;
21            (B) a fine;
22            (C) make restitution to the victim under Section
23        5-5-6 of this Code.
24        (5.1) In addition to any other penalties imposed, and
25    except as provided in paragraph (5.2) or (5.3), a person
26    convicted of violating subsection (c) of Section 11-907 of

 

 

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

 

 

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

 

 

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1    sports activities are conducted; and "coach" means a person
2    recognized as a coach by the sanctioning authority that
3    conducted the sporting event.
4        (12) A person may not receive a disposition of court
5    supervision for a violation of Section 5-16 of the Boat
6    Registration and Safety Act if that person has previously
7    received a disposition of court supervision for a violation
8    of that Section.
9        (13) A person convicted of or placed on court
10    supervision for an assault or aggravated assault when the
11    victim and the offender are family or household members as
12    defined in Section 103 of the Illinois Domestic Violence
13    Act of 1986 or convicted of domestic battery or aggravated
14    domestic battery may be required to attend a Partner Abuse
15    Intervention Program under protocols set forth by the
16    Illinois Department of Human Services under such terms and
17    conditions imposed by the court. The costs of such classes
18    shall be paid by the offender.
19    (d) In any case in which a sentence originally imposed is
20vacated, the case shall be remanded to the trial court. The
21trial court shall hold a hearing under Section 5-4-1 of the
22Unified Code of Corrections which may include evidence of the
23defendant's life, moral character and occupation during the
24time since the original sentence was passed. The trial court
25shall then impose sentence upon the defendant. The trial court
26may impose any sentence which could have been imposed at the

 

 

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

 

 

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1            family;
2                (iv) restitution for harm done to the victim;
3            and
4                (v) compliance with any other measures that
5            the court may deem appropriate; and
6        (2) the court orders the defendant to pay for the
7    victim's counseling services, to the extent that the court
8    finds, after considering the defendant's income and
9    assets, that the defendant is financially capable of paying
10    for such services, if the victim was under 18 years of age
11    at the time the offense was committed and requires
12    counseling as a result of the offense.
13    Probation may be revoked or modified pursuant to Section
145-6-4; except where the court determines at the hearing that
15the defendant violated a condition of his or her probation
16restricting contact with the victim or other family members or
17commits another offense with the victim or other family
18members, the court shall revoke the defendant's probation and
19impose a term of imprisonment.
20    For the purposes of this Section, "family member" and
21"victim" shall have the meanings ascribed to them in Section
2211-0.1 12-12 of the Criminal Code of 1961.
23    (f) (Blank).
24    (g) Whenever a defendant is convicted of an offense under
25Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2611-14.3, 11-14.4 except for an offense that involves keeping a

 

 

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1place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
312-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
4defendant shall undergo medical testing to determine whether
5the defendant has any sexually transmissible disease,
6including a test for infection with human immunodeficiency
7virus (HIV) or any other identified causative agent of acquired
8immunodeficiency syndrome (AIDS). Any such medical test shall
9be performed only by appropriately licensed medical
10practitioners and may include an analysis of any bodily fluids
11as well as an examination of the defendant's person. Except as
12otherwise provided by law, the results of such test shall be
13kept strictly confidential by all medical personnel involved in
14the testing and must be personally delivered in a sealed
15envelope to the judge of the court in which the conviction was
16entered for the judge's inspection in camera. Acting in
17accordance with the best interests of the victim and the
18public, the judge shall have the discretion to determine to
19whom, if anyone, the results of the testing may be revealed.
20The court shall notify the defendant of the test results. The
21court shall also notify the victim if requested by the victim,
22and if the victim is under the age of 15 and if requested by the
23victim's parents or legal guardian, the court shall notify the
24victim's parents or legal guardian of the test results. The
25court shall provide information on the availability of HIV
26testing and counseling at Department of Public Health

 

 

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

 

 

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1immunodeficiency syndrome (AIDS). Except as otherwise provided
2by law, the results of such test shall be kept strictly
3confidential by all medical personnel involved in the testing
4and must be personally delivered in a sealed envelope to the
5judge of the court in which the conviction was entered for the
6judge's inspection in camera. Acting in accordance with the
7best interests of the public, the judge shall have the
8discretion to determine to whom, if anyone, the results of the
9testing may be revealed. The court shall notify the defendant
10of a positive test showing an infection with the human
11immunodeficiency virus (HIV). The court shall provide
12information on the availability of HIV testing and counseling
13at Department of Public Health facilities to all parties to
14whom the results of the testing are revealed and shall direct
15the State's Attorney to provide the information to the victim
16when possible. A State's Attorney may petition the court to
17obtain the results of any HIV test administered under this
18Section, and the court shall grant the disclosure if the
19State's Attorney shows it is relevant in order to prosecute a
20charge of criminal transmission of HIV under Section 12-16.2 of
21the Criminal Code of 1961 against the defendant. The court
22shall order that the cost of any such test shall be paid by the
23county and may be taxed as costs against the convicted
24defendant.
25    (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

 

 

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1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under Section 27.5
5of the Clerks of Courts Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961, any violation of
12the Illinois Controlled Substances Act, any violation of the
13Cannabis Control Act, or any violation of the Methamphetamine
14Control and Community Protection Act results in conviction, a
15disposition of court supervision, or an order of probation
16granted under Section 10 of the Cannabis Control Act, Section
17410 of the Illinois Controlled Substance Act, or Section 70 of
18the Methamphetamine Control and Community Protection Act of a
19defendant, the court shall determine whether the defendant is
20employed by a facility or center as defined under the Child
21Care Act of 1969, a public or private elementary or secondary
22school, or otherwise works with children under 18 years of age
23on a daily basis. When a defendant is so employed, the court
24shall order the Clerk of the Court to send a copy of the
25judgment of conviction or order of supervision or probation to
26the defendant's employer by certified mail. If the employer of

 

 

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

 

 

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

 

 

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

 

 

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1    before the sentencing court, which may impose any sentence
2    that was available under Section 5-5-3 at the time of
3    initial sentencing. In addition, the defendant shall not be
4    eligible for additional good conduct credit for
5    meritorious service as provided under Section 3-6-6.
6    (m) A person convicted of criminal defacement of property
7under Section 21-1.3 of the Criminal Code of 1961, in which the
8property damage exceeds $300 and the property damaged is a
9school building, shall be ordered to perform community service
10that may include cleanup, removal, or painting over the
11defacement.
12    (n) The court may sentence a person convicted of a
13violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
14Code of 1961 (i) to an impact incarceration program if the
15person is otherwise eligible for that program under Section
165-8-1.1, (ii) to community service, or (iii) if the person is
17an addict or alcoholic, as defined in the Alcoholism and Other
18Drug Abuse and Dependency Act, to a substance or alcohol abuse
19program licensed under that Act.
20    (o) Whenever a person is convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act, the
22defendant's driver's license or permit shall be subject to
23renewal on an annual basis in accordance with the provisions of
24license renewal established by the Secretary of State.
25(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
2695-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;

 

 

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195-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
27-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
3eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
4    (730 ILCS 5/5-5-3.2)
5    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
6Sentencing.
7    (a) The following factors shall be accorded weight in favor
8of imposing a term of imprisonment or may be considered by the
9court as reasons to impose a more severe sentence under Section
105-8-1 or Article 4.5 of Chapter V:
11        (1) the defendant's conduct caused or threatened
12    serious harm;
13        (2) the defendant received compensation for committing
14    the offense;
15        (3) the defendant has a history of prior delinquency or
16    criminal activity;
17        (4) the defendant, by the duties of his office or by
18    his position, was obliged to prevent the particular offense
19    committed or to bring the offenders committing it to
20    justice;
21        (5) the defendant held public office at the time of the
22    offense, and the offense related to the conduct of that
23    office;
24        (6) the defendant utilized his professional reputation
25    or position in the community to commit the offense, or to

 

 

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1    afford him an easier means of committing it;
2        (7) the sentence is necessary to deter others from
3    committing the same crime;
4        (8) the defendant committed the offense against a
5    person 60 years of age or older or such person's property;
6        (9) the defendant committed the offense against a
7    person who is physically handicapped or such person's
8    property;
9        (10) by reason of another individual's actual or
10    perceived race, color, creed, religion, ancestry, gender,
11    sexual orientation, physical or mental disability, or
12    national origin, the defendant committed the offense
13    against (i) the person or property of that individual; (ii)
14    the person or property of a person who has an association
15    with, is married to, or has a friendship with the other
16    individual; or (iii) the person or property of a relative
17    (by blood or marriage) of a person described in clause (i)
18    or (ii). For the purposes of this Section, "sexual
19    orientation" means heterosexuality, homosexuality, or
20    bisexuality;
21        (11) the offense took place in a place of worship or on
22    the grounds of a place of worship, immediately prior to,
23    during or immediately following worship services. For
24    purposes of this subparagraph, "place of worship" shall
25    mean any church, synagogue or other building, structure or
26    place used primarily for religious worship;

 

 

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1        (12) the defendant was convicted of a felony committed
2    while he was released on bail or his own recognizance
3    pending trial for a prior felony and was convicted of such
4    prior felony, or the defendant was convicted of a felony
5    committed while he was serving a period of probation,
6    conditional discharge, or mandatory supervised release
7    under subsection (d) of Section 5-8-1 for a prior felony;
8        (13) the defendant committed or attempted to commit a
9    felony while he was wearing a bulletproof vest. For the
10    purposes of this paragraph (13), a bulletproof vest is any
11    device which is designed for the purpose of protecting the
12    wearer from bullets, shot or other lethal projectiles;
13        (14) the defendant held a position of trust or
14    supervision such as, but not limited to, family member as
15    defined in Section 11-0.1 12-12 of the Criminal Code of
16    1961, teacher, scout leader, baby sitter, or day care
17    worker, in relation to a victim under 18 years of age, and
18    the defendant committed an offense in violation of Section
19    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
20    11-14.4 except for an offense that involves keeping a place
21    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
22    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
23    or 12-16 of the Criminal Code of 1961 against that victim;
24        (15) the defendant committed an offense related to the
25    activities of an organized gang. For the purposes of this
26    factor, "organized gang" has the meaning ascribed to it in

 

 

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1    Section 10 of the Streetgang Terrorism Omnibus Prevention
2    Act;
3        (16) the defendant committed an offense in violation of
4    one of the following Sections while in a school, regardless
5    of the time of day or time of year; on any conveyance
6    owned, leased, or contracted by a school to transport
7    students to or from school or a school related activity; on
8    the real property of a school; or on a public way within
9    1,000 feet of the real property comprising any school:
10    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
12    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
13    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
14    33A-2 of the Criminal Code of 1961;
15        (16.5) the defendant committed an offense in violation
16    of one of the following Sections while in a day care
17    center, regardless of the time of day or time of year; on
18    the real property of a day care center, regardless of the
19    time of day or time of year; or on a public way within
20    1,000 feet of the real property comprising any day care
21    center, regardless of the time of day or time of year:
22    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
26    33A-2 of the Criminal Code of 1961;

 

 

SB1310 Engrossed- 861 -LRB096 09456 RLC 19613 b

1        (17) the defendant committed the offense by reason of
2    any person's activity as a community policing volunteer or
3    to prevent any person from engaging in activity as a
4    community policing volunteer. For the purpose of this
5    Section, "community policing volunteer" has the meaning
6    ascribed to it in Section 2-3.5 of the Criminal Code of
7    1961;
8        (18) the defendant committed the offense in a nursing
9    home or on the real property comprising a nursing home. For
10    the purposes of this paragraph (18), "nursing home" means a
11    skilled nursing or intermediate long term care facility
12    that is subject to license by the Illinois Department of
13    Public Health under the Nursing Home Care Act or the MR/DD
14    Community Care Act;
15        (19) the defendant was a federally licensed firearm
16    dealer and was previously convicted of a violation of
17    subsection (a) of Section 3 of the Firearm Owners
18    Identification Card Act and has now committed either a
19    felony violation of the Firearm Owners Identification Card
20    Act or an act of armed violence while armed with a firearm;
21        (20) the defendant (i) committed the offense of
22    reckless homicide under Section 9-3 of the Criminal Code of
23    1961 or the offense of driving under the influence of
24    alcohol, other drug or drugs, intoxicating compound or
25    compounds or any combination thereof under Section 11-501
26    of the Illinois Vehicle Code or a similar provision of a

 

 

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1    local ordinance and (ii) was operating a motor vehicle in
2    excess of 20 miles per hour over the posted speed limit as
3    provided in Article VI of Chapter 11 of the Illinois
4    Vehicle Code;
5        (21) the defendant (i) committed the offense of
6    reckless driving or aggravated reckless driving under
7    Section 11-503 of the Illinois Vehicle Code and (ii) was
8    operating a motor vehicle in excess of 20 miles per hour
9    over the posted speed limit as provided in Article VI of
10    Chapter 11 of the Illinois Vehicle Code;
11        (22) the defendant committed the offense against a
12    person that the defendant knew, or reasonably should have
13    known, was a member of the Armed Forces of the United
14    States serving on active duty. For purposes of this clause
15    (22), the term "Armed Forces" means any of the Armed Forces
16    of the United States, including a member of any reserve
17    component thereof or National Guard unit called to active
18    duty;
19        (23) the defendant committed the offense against a
20    person who was elderly, disabled, or infirm by taking
21    advantage of a family or fiduciary relationship with the
22    elderly, disabled, or infirm person;
23        (24) the defendant committed any offense under Section
24    11-20.1 of the Criminal Code of 1961 and possessed 100 or
25    more images;
26        (25) the defendant committed the offense while the

 

 

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1    defendant or the victim was in a train, bus, or other
2    vehicle used for public transportation; or
3        (26) the defendant committed the offense of child
4    pornography or aggravated child pornography, specifically
5    including paragraph (1), (2), (3), (4), (5), or (7) of
6    subsection (a) of Section 11-20.1 of the Criminal Code of
7    1961 where a child engaged in, solicited for, depicted in,
8    or posed in any act of sexual penetration or bound,
9    fettered, or subject to sadistic, masochistic, or
10    sadomasochistic abuse in a sexual context and specifically
11    including paragraph (1), (2), (3), (4), (5), or (7) of
12    subsection (a) of Section 11-20.3 of the Criminal Code of
13    1961 where a child engaged in, solicited for, depicted in,
14    or posed in any act of sexual penetration or bound,
15    fettered, or subject to sadistic, masochistic, or
16    sadomasochistic abuse in a sexual context; or
17        (27) the defendant committed the offense of first
18    degree murder, assault, aggravated assault, battery,
19    aggravated battery, robbery, armed robbery, or aggravated
20    robbery against a person who was a veteran and the
21    defendant knew, or reasonably should have known, that the
22    person was a veteran performing duties as a representative
23    of a veterans' organization. For the purposes of this
24    paragraph (27), "veteran" means an Illinois resident who
25    has served as a member of the United States Armed Forces, a
26    member of the Illinois National Guard, or a member of the

 

 

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1    United States Reserve Forces; and "veterans' organization"
2    means an organization comprised of members of which
3    substantially all are individuals who are veterans or
4    spouses, widows, or widowers of veterans, the primary
5    purpose of which is to promote the welfare of its members
6    and to provide assistance to the general public in such a
7    way as to confer a public benefit.
8    For the purposes of this Section:
9    "School" is defined as a public or private elementary or
10secondary school, community college, college, or university.
11    "Day care center" means a public or private State certified
12and licensed day care center as defined in Section 2.09 of the
13Child Care Act of 1969 that displays a sign in plain view
14stating that the property is a day care center.
15    "Public transportation" means the transportation or
16conveyance of persons by means available to the general public,
17and includes paratransit services.
18    (b) The following factors, related to all felonies, may be
19considered by the court as reasons to impose an extended term
20sentence under Section 5-8-2 upon any offender:
21        (1) When a defendant is convicted of any felony, after
22    having been previously convicted in Illinois or any other
23    jurisdiction of the same or similar class felony or greater
24    class felony, when such conviction has occurred within 10
25    years after the previous conviction, excluding time spent
26    in custody, and such charges are separately brought and

 

 

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1    tried and arise out of different series of acts; or
2        (2) When a defendant is convicted of any felony and the
3    court finds that the offense was accompanied by
4    exceptionally brutal or heinous behavior indicative of
5    wanton cruelty; or
6        (3) When a defendant is convicted of any felony
7    committed against:
8            (i) a person under 12 years of age at the time of
9        the offense or such person's property;
10            (ii) a person 60 years of age or older at the time
11        of the offense or such person's property; or
12            (iii) a person physically handicapped at the time
13        of the offense or such person's property; or
14        (4) When a defendant is convicted of any felony and the
15    offense involved any of the following types of specific
16    misconduct committed as part of a ceremony, rite,
17    initiation, observance, performance, practice or activity
18    of any actual or ostensible religious, fraternal, or social
19    group:
20            (i) the brutalizing or torturing of humans or
21        animals;
22            (ii) the theft of human corpses;
23            (iii) the kidnapping of humans;
24            (iv) the desecration of any cemetery, religious,
25        fraternal, business, governmental, educational, or
26        other building or property; or

 

 

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1            (v) ritualized abuse of a child; or
2        (5) When a defendant is convicted of a felony other
3    than conspiracy and the court finds that the felony was
4    committed under an agreement with 2 or more other persons
5    to commit that offense and the defendant, with respect to
6    the other individuals, occupied a position of organizer,
7    supervisor, financier, or any other position of management
8    or leadership, and the court further finds that the felony
9    committed was related to or in furtherance of the criminal
10    activities of an organized gang or was motivated by the
11    defendant's leadership in an organized gang; or
12        (6) When a defendant is convicted of an offense
13    committed while using a firearm with a laser sight attached
14    to it. For purposes of this paragraph, "laser sight" has
15    the meaning ascribed to it in Section 24.6-5 of the
16    Criminal Code of 1961; or
17        (7) When a defendant who was at least 17 years of age
18    at the time of the commission of the offense is convicted
19    of a felony and has been previously adjudicated a
20    delinquent minor under the Juvenile Court Act of 1987 for
21    an act that if committed by an adult would be a Class X or
22    Class 1 felony when the conviction has occurred within 10
23    years after the previous adjudication, excluding time
24    spent in custody; or
25        (8) When a defendant commits any felony and the
26    defendant used, possessed, exercised control over, or

 

 

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1    otherwise directed an animal to assault a law enforcement
2    officer engaged in the execution of his or her official
3    duties or in furtherance of the criminal activities of an
4    organized gang in which the defendant is engaged.
5    (c) The following factors may be considered by the court as
6reasons to impose an extended term sentence under Section 5-8-2
7(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
8        (1) When a defendant is convicted of first degree
9    murder, after having been previously convicted in Illinois
10    of any offense listed under paragraph (c)(2) of Section
11    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
12    within 10 years after the previous conviction, excluding
13    time spent in custody, and the charges are separately
14    brought and tried and arise out of different series of
15    acts.
16        (1.5) When a defendant is convicted of first degree
17    murder, after having been previously convicted of domestic
18    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
19    (720 ILCS 5/12-3.3) committed on the same victim or after
20    having been previously convicted of violation of an order
21    of protection (720 ILCS 5/12-30) in which the same victim
22    was the protected person.
23        (2) When a defendant is convicted of voluntary
24    manslaughter, second degree murder, involuntary
25    manslaughter, or reckless homicide in which the defendant
26    has been convicted of causing the death of more than one

 

 

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1    individual.
2        (3) When a defendant is convicted of aggravated
3    criminal sexual assault or criminal sexual assault, when
4    there is a finding that aggravated criminal sexual assault
5    or criminal sexual assault was also committed on the same
6    victim by one or more other individuals, and the defendant
7    voluntarily participated in the crime with the knowledge of
8    the participation of the others in the crime, and the
9    commission of the crime was part of a single course of
10    conduct during which there was no substantial change in the
11    nature of the criminal objective.
12        (4) If the victim was under 18 years of age at the time
13    of the commission of the offense, when a defendant is
14    convicted of aggravated criminal sexual assault or
15    predatory criminal sexual assault of a child under
16    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
17    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
18    5/11-1.40 or 5/12-14.1).
19        (5) When a defendant is convicted of a felony violation
20    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
21    5/24-1) and there is a finding that the defendant is a
22    member of an organized gang.
23        (6) When a defendant was convicted of unlawful use of
24    weapons under Section 24-1 of the Criminal Code of 1961
25    (720 ILCS 5/24-1) for possessing a weapon that is not
26    readily distinguishable as one of the weapons enumerated in

 

 

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1    Section 24-1 of the Criminal Code of 1961 (720 ILCS
2    5/24-1).
3        (7) When a defendant is convicted of an offense
4    involving the illegal manufacture of a controlled
5    substance under Section 401 of the Illinois Controlled
6    Substances Act (720 ILCS 570/401), the illegal manufacture
7    of methamphetamine under Section 25 of the Methamphetamine
8    Control and Community Protection Act (720 ILCS 646/25), or
9    the illegal possession of explosives and an emergency
10    response officer in the performance of his or her duties is
11    killed or injured at the scene of the offense while
12    responding to the emergency caused by the commission of the
13    offense. In this paragraph, "emergency" means a situation
14    in which a person's life, health, or safety is in jeopardy;
15    and "emergency response officer" means a peace officer,
16    community policing volunteer, fireman, emergency medical
17    technician-ambulance, emergency medical
18    technician-intermediate, emergency medical
19    technician-paramedic, ambulance driver, other medical
20    assistance or first aid personnel, or hospital emergency
21    room personnel.
22    (d) For the purposes of this Section, "organized gang" has
23the meaning ascribed to it in Section 10 of the Illinois
24Streetgang Terrorism Omnibus Prevention Act.
25    (e) The court may impose an extended term sentence under
26Article 4.5 of Chapter V upon an offender who has been

 

 

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1convicted of a felony violation of Section 12-13, 12-14,
212-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
3victim of the offense is under 18 years of age at the time of
4the commission of the offense and, during the commission of the
5offense, the victim was under the influence of alcohol,
6regardless of whether or not the alcohol was supplied by the
7offender; and the offender, at the time of the commission of
8the offense, knew or should have known that the victim had
9consumed alcohol.
10(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
11eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
1295-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
1396-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
147-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
15eff. 1-1-11; revised 9-16-10.)
 
16    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
17    Sec. 5-5-6. In all convictions for offenses in violation of
18the Criminal Code of 1961 or of Section 11-501 of the Illinois
19Vehicle Code in which the person received any injury to his or
20her person or damage to his or her real or personal property as
21a result of the criminal act of the defendant, the court shall
22order restitution as provided in this Section. In all other
23cases, except cases in which restitution is required under this
24Section, the court must at the sentence hearing determine
25whether restitution is an appropriate sentence to be imposed on

 

 

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1each defendant convicted of an offense. If the court determines
2that an order directing the offender to make restitution is
3appropriate, the offender may be sentenced to make restitution.
4The court may consider restitution an appropriate sentence to
5be imposed on each defendant convicted of an offense in
6addition to a sentence of imprisonment. The sentence of the
7defendant to a term of imprisonment is not a mitigating factor
8that prevents the court from ordering the defendant to pay
9restitution. If the offender is sentenced to make restitution
10the Court shall determine the restitution as hereinafter set
11forth:
12        (a) At the sentence hearing, the court shall determine
13    whether the property may be restored in kind to the
14    possession of the owner or the person entitled to
15    possession thereof; or whether the defendant is possessed
16    of sufficient skill to repair and restore property damaged;
17    or whether the defendant should be required to make
18    restitution in cash, for out-of-pocket expenses, damages,
19    losses, or injuries found to have been proximately caused
20    by the conduct of the defendant or another for whom the
21    defendant is legally accountable under the provisions of
22    Article V of the Criminal Code of 1961.
23        (b) In fixing the amount of restitution to be paid in
24    cash, the court shall allow credit for property returned in
25    kind, for property damages ordered to be repaired by the
26    defendant, and for property ordered to be restored by the

 

 

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1    defendant; and after granting the credit, the court shall
2    assess the actual out-of-pocket expenses, losses, damages,
3    and injuries suffered by the victim named in the charge and
4    any other victims who may also have suffered out-of-pocket
5    expenses, losses, damages, and injuries proximately caused
6    by the same criminal conduct of the defendant, and
7    insurance carriers who have indemnified the named victim or
8    other victims for the out-of-pocket expenses, losses,
9    damages, or injuries, provided that in no event shall
10    restitution be ordered to be paid on account of pain and
11    suffering. If a defendant is placed on supervision for, or
12    convicted of, domestic battery, the defendant shall be
13    required to pay restitution to any domestic violence
14    shelter in which the victim and any other family or
15    household members lived because of the domestic battery.
16    The amount of the restitution shall equal the actual
17    expenses of the domestic violence shelter in providing
18    housing and any other services for the victim and any other
19    family or household members living at the shelter. If a
20    defendant fails to pay restitution in the manner or within
21    the time period specified by the court, the court may enter
22    an order directing the sheriff to seize any real or
23    personal property of a defendant to the extent necessary to
24    satisfy the order of restitution and dispose of the
25    property by public sale. All proceeds from such sale in
26    excess of the amount of restitution plus court costs and

 

 

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1    the costs of the sheriff in conducting the sale shall be
2    paid to the defendant. The defendant convicted of domestic
3    battery, if a person under 18 years of age was present and
4    witnessed the domestic battery of the victim, is liable to
5    pay restitution for the cost of any counseling required for
6    the child at the discretion of the court.
7        (c) In cases where more than one defendant is
8    accountable for the same criminal conduct that results in
9    out-of-pocket expenses, losses, damages, or injuries, each
10    defendant shall be ordered to pay restitution in the amount
11    of the total actual out-of-pocket expenses, losses,
12    damages, or injuries to the victim proximately caused by
13    the conduct of all of the defendants who are legally
14    accountable for the offense.
15            (1) In no event shall the victim be entitled to
16        recover restitution in excess of the actual
17        out-of-pocket expenses, losses, damages, or injuries,
18        proximately caused by the conduct of all of the
19        defendants.
20            (2) As between the defendants, the court may
21        apportion the restitution that is payable in
22        proportion to each co-defendant's culpability in the
23        commission of the offense.
24            (3) In the absence of a specific order apportioning
25        the restitution, each defendant shall bear his pro rata
26        share of the restitution.

 

 

SB1310 Engrossed- 874 -LRB096 09456 RLC 19613 b

1            (4) As between the defendants, each defendant
2        shall be entitled to a pro rata reduction in the total
3        restitution required to be paid to the victim for
4        amounts of restitution actually paid by co-defendants,
5        and defendants who shall have paid more than their pro
6        rata share shall be entitled to refunds to be computed
7        by the court as additional amounts are paid by
8        co-defendants.
9        (d) In instances where a defendant has more than one
10    criminal charge pending against him in a single case, or
11    more than one case, and the defendant stands convicted of
12    one or more charges, a plea agreement negotiated by the
13    State's Attorney and the defendants may require the
14    defendant to make restitution to victims of charges that
15    have been dismissed or which it is contemplated will be
16    dismissed under the terms of the plea agreement, and under
17    the agreement, the court may impose a sentence of
18    restitution on the charge or charges of which the defendant
19    has been convicted that would require the defendant to make
20    restitution to victims of other offenses as provided in the
21    plea agreement.
22        (e) The court may require the defendant to apply the
23    balance of the cash bond, after payment of court costs, and
24    any fine that may be imposed to the payment of restitution.
25        (f) Taking into consideration the ability of the
26    defendant to pay, including any real or personal property

 

 

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1    or any other assets of the defendant, the court shall
2    determine whether restitution shall be paid in a single
3    payment or in installments, and shall fix a period of time
4    not in excess of 5 years or the period of time specified in
5    subsection (f-1), not including periods of incarceration,
6    within which payment of restitution is to be paid in full.
7    Complete restitution shall be paid in as short a time
8    period as possible. However, if the court deems it
9    necessary and in the best interest of the victim, the court
10    may extend beyond 5 years the period of time within which
11    the payment of restitution is to be paid. If the defendant
12    is ordered to pay restitution and the court orders that
13    restitution is to be paid over a period greater than 6
14    months, the court shall order that the defendant make
15    monthly payments; the court may waive this requirement of
16    monthly payments only if there is a specific finding of
17    good cause for waiver.
18        (f-1)(1) In addition to any other penalty prescribed by
19    law and any restitution ordered under this Section that did
20    not include long-term physical health care costs, the court
21    may, upon conviction of any misdemeanor or felony, order a
22    defendant to pay restitution to a victim in accordance with
23    the provisions of this subsection (f-1) if the victim has
24    suffered physical injury as a result of the offense that is
25    reasonably probable to require or has required long-term
26    physical health care for more than 3 months. As used in

 

 

SB1310 Engrossed- 876 -LRB096 09456 RLC 19613 b

1    this subsection (f-1) "long-term physical health care"
2    includes mental health care.
3        (2) The victim's estimate of long-term physical health
4    care costs may be made as part of a victim impact statement
5    under Section 6 of the Rights of Crime Victims and
6    Witnesses Act or made separately. The court shall enter the
7    long-term physical health care restitution order at the
8    time of sentencing. An order of restitution made under this
9    subsection (f-1) shall fix a monthly amount to be paid by
10    the defendant for as long as long-term physical health care
11    of the victim is required as a result of the offense. The
12    order may exceed the length of any sentence imposed upon
13    the defendant for the criminal activity. The court shall
14    include as a special finding in the judgment of conviction
15    its determination of the monthly cost of long-term physical
16    health care.
17        (3) After a sentencing order has been entered, the
18    court may from time to time, on the petition of either the
19    defendant or the victim, or upon its own motion, enter an
20    order for restitution for long-term physical care or modify
21    the existing order for restitution for long-term physical
22    care as to the amount of monthly payments. Any modification
23    of the order shall be based only upon a substantial change
24    of circumstances relating to the cost of long-term physical
25    health care or the financial condition of either the
26    defendant or the victim. The petition shall be filed as

 

 

SB1310 Engrossed- 877 -LRB096 09456 RLC 19613 b

1    part of the original criminal docket.
2        (g) In addition to the sentences provided for in
3    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
4    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
5    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
6    Section 11-14.4, of the Criminal Code of 1961, the court
7    may order any person who is convicted of violating any of
8    those Sections or who was charged with any of those
9    offenses and which charge was reduced to another charge as
10    a result of a plea agreement under subsection (d) of this
11    Section to meet all or any portion of the financial
12    obligations of treatment, including but not limited to
13    medical, psychiatric, or rehabilitative treatment or
14    psychological counseling, prescribed for the victim or
15    victims of the offense.
16        The payments shall be made by the defendant to the
17    clerk of the circuit court and transmitted by the clerk to
18    the appropriate person or agency as directed by the court.
19    Except as otherwise provided in subsection (f-1), the order
20    may require such payments to be made for a period not to
21    exceed 5 years after sentencing, not including periods of
22    incarceration.
23        (h) The judge may enter an order of withholding to
24    collect the amount of restitution owed in accordance with
25    Part 8 of Article XII of the Code of Civil Procedure.
26        (i) A sentence of restitution may be modified or

 

 

SB1310 Engrossed- 878 -LRB096 09456 RLC 19613 b

1    revoked by the court if the offender commits another
2    offense, or the offender fails to make restitution as
3    ordered by the court, but no sentence to make restitution
4    shall be revoked unless the court shall find that the
5    offender has had the financial ability to make restitution,
6    and he has wilfully refused to do so. When the offender's
7    ability to pay restitution was established at the time an
8    order of restitution was entered or modified, or when the
9    offender's ability to pay was based on the offender's
10    willingness to make restitution as part of a plea agreement
11    made at the time the order of restitution was entered or
12    modified, there is a rebuttable presumption that the facts
13    and circumstances considered by the court at the hearing at
14    which the order of restitution was entered or modified
15    regarding the offender's ability or willingness to pay
16    restitution have not materially changed. If the court shall
17    find that the defendant has failed to make restitution and
18    that the failure is not wilful, the court may impose an
19    additional period of time within which to make restitution.
20    The length of the additional period shall not be more than
21    2 years. The court shall retain all of the incidents of the
22    original sentence, including the authority to modify or
23    enlarge the conditions, and to revoke or further modify the
24    sentence if the conditions of payment are violated during
25    the additional period.
26        (j) The procedure upon the filing of a Petition to

 

 

SB1310 Engrossed- 879 -LRB096 09456 RLC 19613 b

1    Revoke a sentence to make restitution shall be the same as
2    the procedures set forth in Section 5-6-4 of this Code
3    governing violation, modification, or revocation of
4    Probation, of Conditional Discharge, or of Supervision.
5        (k) Nothing contained in this Section shall preclude
6    the right of any party to proceed in a civil action to
7    recover for any damages incurred due to the criminal
8    misconduct of the defendant.
9        (l) Restitution ordered under this Section shall not be
10    subject to disbursement by the circuit clerk under Section
11    27.5 of the Clerks of Courts Act.
12        (m) A restitution order under this Section is a
13    judgment lien in favor of the victim that:
14            (1) Attaches to the property of the person subject
15        to the order;
16            (2) May be perfected in the same manner as provided
17        in Part 3 of Article 9 of the Uniform Commercial Code;
18            (3) May be enforced to satisfy any payment that is
19        delinquent under the restitution order by the person in
20        whose favor the order is issued or the person's
21        assignee; and
22            (4) Expires in the same manner as a judgment lien
23        created in a civil proceeding.
24        When a restitution order is issued under this Section,
25    the issuing court shall send a certified copy of the order
26    to the clerk of the circuit court in the county where the

 

 

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1    charge was filed. Upon receiving the order, the clerk shall
2    enter and index the order in the circuit court judgment
3    docket.
4        (n) An order of restitution under this Section does not
5    bar a civil action for:
6            (1) Damages that the court did not require the
7        person to pay to the victim under the restitution order
8        but arise from an injury or property damages that is
9        the basis of restitution ordered by the court; and
10            (2) Other damages suffered by the victim.
11    The restitution order is not discharged by the completion
12of the sentence imposed for the offense.
13    A restitution order under this Section is not discharged by
14the liquidation of a person's estate by a receiver. A
15restitution order under this Section may be enforced in the
16same manner as judgment liens are enforced under Article XII of
17the Code of Civil Procedure.
18    The provisions of Section 2-1303 of the Code of Civil
19Procedure, providing for interest on judgments, apply to
20judgments for restitution entered under this Section.
21(Source: P.A. 95-331, eff. 8-21-07; 96-290, eff. 8-11-09.)
 
22    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
23    Sec. 5-6-1. Sentences of Probation and of Conditional
24Discharge and Disposition of Supervision. The General Assembly
25finds that in order to protect the public, the criminal justice

 

 

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1system must compel compliance with the conditions of probation
2by responding to violations with swift, certain and fair
3punishments and intermediate sanctions. The Chief Judge of each
4circuit shall adopt a system of structured, intermediate
5sanctions for violations of the terms and conditions of a
6sentence of probation, conditional discharge or disposition of
7supervision.
8    (a) Except where specifically prohibited by other
9provisions of this Code, the court shall impose a sentence of
10probation or conditional discharge upon an offender unless,
11having regard to the nature and circumstance of the offense,
12and to the history, character and condition of the offender,
13the court is of the opinion that:
14        (1) his imprisonment or periodic imprisonment is
15    necessary for the protection of the public; or
16        (2) probation or conditional discharge would deprecate
17    the seriousness of the offender's conduct and would be
18    inconsistent with the ends of justice; or
19        (3) a combination of imprisonment with concurrent or
20    consecutive probation when an offender has been admitted
21    into a drug court program under Section 20 of the Drug
22    Court Treatment Act is necessary for the protection of the
23    public and for the rehabilitation of the offender.
24    The court shall impose as a condition of a sentence of
25probation, conditional discharge, or supervision, that the
26probation agency may invoke any sanction from the list of

 

 

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1intermediate sanctions adopted by the chief judge of the
2circuit court for violations of the terms and conditions of the
3sentence of probation, conditional discharge, or supervision,
4subject to the provisions of Section 5-6-4 of this Act.
5    (b) The court may impose a sentence of conditional
6discharge for an offense if the court is of the opinion that
7neither a sentence of imprisonment nor of periodic imprisonment
8nor of probation supervision is appropriate.
9    (b-1) Subsections (a) and (b) of this Section do not apply
10to a defendant charged with a misdemeanor or felony under the
11Illinois Vehicle Code or reckless homicide under Section 9-3 of
12the Criminal Code of 1961 if the defendant within the past 12
13months has been convicted of or pleaded guilty to a misdemeanor
14or felony under the Illinois Vehicle Code or reckless homicide
15under Section 9-3 of the Criminal Code of 1961.
16    (c) The court may, upon a plea of guilty or a stipulation
17by the defendant of the facts supporting the charge or a
18finding of guilt, defer further proceedings and the imposition
19of a sentence, and enter an order for supervision of the
20defendant, if the defendant is not charged with: (i) a Class A
21misdemeanor, as defined by the following provisions of the
22Criminal Code of 1961: Sections 11-9.1; 12-3.2; 11-1.50 or
2312-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of
24Section 21-1; paragraph (1) through (5), (8), (10), and (11) of
25subsection (a) of Section 24-1; (ii) a Class A misdemeanor
26violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care

 

 

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1for Animals Act; or (iii) a felony. If the defendant is not
2barred from receiving an order for supervision as provided in
3this subsection, the court may enter an order for supervision
4after considering the circumstances of the offense, and the
5history, character and condition of the offender, if the court
6is of the opinion that:
7        (1) the offender is not likely to commit further
8    crimes;
9        (2) the defendant and the public would be best served
10    if the defendant were not to receive a criminal record; and
11        (3) in the best interests of justice an order of
12    supervision is more appropriate than a sentence otherwise
13    permitted under this Code.
14    (c-5) Subsections (a), (b), and (c) of this Section do not
15apply to a defendant charged with a second or subsequent
16violation of Section 6-303 of the Illinois Vehicle Code
17committed while his or her driver's license, permit or
18privileges were revoked because of a violation of Section 9-3
19of the Criminal Code of 1961, relating to the offense of
20reckless homicide, or a similar provision of a law of another
21state.
22    (d) The provisions of paragraph (c) shall not apply to a
23defendant charged with violating Section 11-501 of the Illinois
24Vehicle Code or a similar provision of a local ordinance when
25the defendant has previously been:
26        (1) convicted for a violation of Section 11-501 of the

 

 

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1    Illinois Vehicle Code or a similar provision of a local
2    ordinance or any similar law or ordinance of another state;
3    or
4        (2) assigned supervision for a violation of Section
5    11-501 of the Illinois Vehicle Code or a similar provision
6    of a local ordinance or any similar law or ordinance of
7    another state; or
8        (3) pleaded guilty to or stipulated to the facts
9    supporting a charge or a finding of guilty to a violation
10    of Section 11-503 of the Illinois Vehicle Code or a similar
11    provision of a local ordinance or any similar law or
12    ordinance of another state, and the plea or stipulation was
13    the result of a plea agreement.
14    The court shall consider the statement of the prosecuting
15authority with regard to the standards set forth in this
16Section.
17    (e) The provisions of paragraph (c) shall not apply to a
18defendant charged with violating Section 16A-3 of the Criminal
19Code of 1961 if said defendant has within the last 5 years
20been:
21        (1) convicted for a violation of Section 16A-3 of the
22    Criminal Code of 1961; or
23        (2) assigned supervision for a violation of Section
24    16A-3 of the Criminal Code of 1961.
25    The court shall consider the statement of the prosecuting
26authority with regard to the standards set forth in this

 

 

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1Section.
2    (f) The provisions of paragraph (c) shall not apply to a
3defendant charged with violating Sections 15-111, 15-112,
415-301, paragraph (b) of Section 6-104, Section 11-605, Section
511-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
6similar provision of a local ordinance.
7    (g) Except as otherwise provided in paragraph (i) of this
8Section, the provisions of paragraph (c) shall not apply to a
9defendant charged with violating Section 3-707, 3-708, 3-710,
10or 5-401.3 of the Illinois Vehicle Code or a similar provision
11of a local ordinance if the defendant has within the last 5
12years been:
13        (1) convicted for a violation of Section 3-707, 3-708,
14    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
15    provision of a local ordinance; or
16        (2) assigned supervision for a violation of Section
17    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
18    Code or a similar provision of a local ordinance.
19    The court shall consider the statement of the prosecuting
20authority with regard to the standards set forth in this
21Section.
22    (h) The provisions of paragraph (c) shall not apply to a
23defendant under the age of 21 years charged with violating a
24serious traffic offense as defined in Section 1-187.001 of the
25Illinois Vehicle Code:
26        (1) unless the defendant, upon payment of the fines,

 

 

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1    penalties, and costs provided by law, agrees to attend and
2    successfully complete a traffic safety program approved by
3    the court under standards set by the Conference of Chief
4    Circuit Judges. The accused shall be responsible for
5    payment of any traffic safety program fees. If the accused
6    fails to file a certificate of successful completion on or
7    before the termination date of the supervision order, the
8    supervision shall be summarily revoked and conviction
9    entered. The provisions of Supreme Court Rule 402 relating
10    to pleas of guilty do not apply in cases when a defendant
11    enters a guilty plea under this provision; or
12        (2) if the defendant has previously been sentenced
13    under the provisions of paragraph (c) on or after January
14    1, 1998 for any serious traffic offense as defined in
15    Section 1-187.001 of the Illinois Vehicle Code.
16    (h-1) The provisions of paragraph (c) shall not apply to a
17defendant under the age of 21 years charged with an offense
18against traffic regulations governing the movement of vehicles
19or any violation of Section 6-107 or Section 12-603.1 of the
20Illinois Vehicle Code, unless the defendant, upon payment of
21the fines, penalties, and costs provided by law, agrees to
22attend and successfully complete a traffic safety program
23approved by the court under standards set by the Conference of
24Chief Circuit Judges. The accused shall be responsible for
25payment of any traffic safety program fees. If the accused
26fails to file a certificate of successful completion on or

 

 

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1before the termination date of the supervision order, the
2supervision shall be summarily revoked and conviction entered.
3The provisions of Supreme Court Rule 402 relating to pleas of
4guilty do not apply in cases when a defendant enters a guilty
5plea under this provision.
6    (i) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating Section 3-707 of the Illinois
8Vehicle Code or a similar provision of a local ordinance if the
9defendant has been assigned supervision for a violation of
10Section 3-707 of the Illinois Vehicle Code or a similar
11provision of a local ordinance.
12    (j) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 6-303 of the Illinois
14Vehicle Code or a similar provision of a local ordinance when
15the revocation or suspension was for a violation of Section
1611-501 or a similar provision of a local ordinance or a
17violation of Section 11-501.1 or paragraph (b) of Section
1811-401 of the Illinois Vehicle Code if the defendant has within
19the last 10 years been:
20        (1) convicted for a violation of Section 6-303 of the
21    Illinois Vehicle Code or a similar provision of a local
22    ordinance; or
23        (2) assigned supervision for a violation of Section
24    6-303 of the Illinois Vehicle Code or a similar provision
25    of a local ordinance.
26    (k) The provisions of paragraph (c) shall not apply to a

 

 

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1defendant charged with violating any provision of the Illinois
2Vehicle Code or a similar provision of a local ordinance that
3governs the movement of vehicles if, within the 12 months
4preceding the date of the defendant's arrest, the defendant has
5been assigned court supervision on 2 occasions for a violation
6that governs the movement of vehicles under the Illinois
7Vehicle Code or a similar provision of a local ordinance. The
8provisions of this paragraph (k) do not apply to a defendant
9charged with violating Section 11-501 of the Illinois Vehicle
10Code or a similar provision of a local ordinance.
11    (l) A defendant charged with violating any provision of the
12Illinois Vehicle Code or a similar provision of a local
13ordinance who receives a disposition of supervision under
14subsection (c) shall pay an additional fee of $29, to be
15collected as provided in Sections 27.5 and 27.6 of the Clerks
16of Courts Act. In addition to the $29 fee, the person shall
17also pay a fee of $6, which, if not waived by the court, shall
18be collected as provided in Sections 27.5 and 27.6 of the
19Clerks of Courts Act. The $29 fee shall be disbursed as
20provided in Section 16-104c of the Illinois Vehicle Code. If
21the $6 fee is collected, $5.50 of the fee shall be deposited
22into the Circuit Court Clerk Operation and Administrative Fund
23created by the Clerk of the Circuit Court and 50 cents of the
24fee shall be deposited into the Prisoner Review Board Vehicle
25and Equipment Fund in the State treasury.
26    (m) Any person convicted of, pleading guilty to, or placed

 

 

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1on supervision for a serious traffic violation, as defined in
2Section 1-187.001 of the Illinois Vehicle Code, a violation of
3Section 11-501 of the Illinois Vehicle Code, or a violation of
4a similar provision of a local ordinance shall pay an
5additional fee of $35, to be disbursed as provided in Section
616-104d of that Code.
7    This subsection (m) becomes inoperative 7 years after
8October 13, 2007 (the effective date of Public Act 95-154).
9    (n) The provisions of paragraph (c) shall not apply to any
10person under the age of 18 who commits an offense against
11traffic regulations governing the movement of vehicles or any
12violation of Section 6-107 or Section 12-603.1 of the Illinois
13Vehicle Code, except upon personal appearance of the defendant
14in court and upon the written consent of the defendant's parent
15or legal guardian, executed before the presiding judge. The
16presiding judge shall have the authority to waive this
17requirement upon the showing of good cause by the defendant.
18    (o) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating Section 6-303 of the Illinois
20Vehicle Code or a similar provision of a local ordinance when
21the suspension was for a violation of Section 11-501.1 of the
22Illinois Vehicle Code and when:
23        (1) at the time of the violation of Section 11-501.1 of
24    the Illinois Vehicle Code, the defendant was a first
25    offender pursuant to Section 11-500 of the Illinois Vehicle
26    Code and the defendant failed to obtain a monitoring device

 

 

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1    driving permit; or
2        (2) at the time of the violation of Section 11-501.1 of
3    the Illinois Vehicle Code, the defendant was a first
4    offender pursuant to Section 11-500 of the Illinois Vehicle
5    Code, had subsequently obtained a monitoring device
6    driving permit, but was driving a vehicle not equipped with
7    a breath alcohol ignition interlock device as defined in
8    Section 1-129.1 of the Illinois Vehicle Code.
9    (p) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating subsection (b) of Section
1111-601.5 of the Illinois Vehicle Code or a similar provision of
12a local ordinance.
13(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;
1495-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
1595-428, eff. 8-24-07; 95-876, eff. 8-21-08; 96-253, eff.
168-11-09; 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625,
17eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1002, eff. 1-1-11;
1896-1175, eff. 9-20-10; revised 9-16-10.)
 
19    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
20    Sec. 5-6-3. Conditions of Probation and of Conditional
21Discharge.
22    (a) The conditions of probation and of conditional
23discharge shall be that the person:
24        (1) not violate any criminal statute of any
25    jurisdiction;

 

 

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1        (2) report to or appear in person before such person or
2    agency as directed by the court;
3        (3) refrain from possessing a firearm or other
4    dangerous weapon where the offense is a felony or, if a
5    misdemeanor, the offense involved the intentional or
6    knowing infliction of bodily harm or threat of bodily harm;
7        (4) not leave the State without the consent of the
8    court or, in circumstances in which the reason for the
9    absence is of such an emergency nature that prior consent
10    by the court is not possible, without the prior
11    notification and approval of the person's probation
12    officer. Transfer of a person's probation or conditional
13    discharge supervision to another state is subject to
14    acceptance by the other state pursuant to the Interstate
15    Compact for Adult Offender Supervision;
16        (5) permit the probation officer to visit him at his
17    home or elsewhere to the extent necessary to discharge his
18    duties;
19        (6) perform no less than 30 hours of community service
20    and not more than 120 hours of community service, if
21    community service is available in the jurisdiction and is
22    funded and approved by the county board where the offense
23    was committed, where the offense was related to or in
24    furtherance of the criminal activities of an organized gang
25    and was motivated by the offender's membership in or
26    allegiance to an organized gang. The community service

 

 

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1    shall include, but not be limited to, the cleanup and
2    repair of any damage caused by a violation of Section
3    21-1.3 of the Criminal Code of 1961 and similar damage to
4    property located within the municipality or county in which
5    the violation occurred. When possible and reasonable, the
6    community service should be performed in the offender's
7    neighborhood. For purposes of this Section, "organized
8    gang" has the meaning ascribed to it in Section 10 of the
9    Illinois Streetgang Terrorism Omnibus Prevention Act;
10        (7) if he or she is at least 17 years of age and has
11    been sentenced to probation or conditional discharge for a
12    misdemeanor or felony in a county of 3,000,000 or more
13    inhabitants and has not been previously convicted of a
14    misdemeanor or felony, may be required by the sentencing
15    court to attend educational courses designed to prepare the
16    defendant for a high school diploma and to work toward a
17    high school diploma or to work toward passing the high
18    school level Test of General Educational Development (GED)
19    or to work toward completing a vocational training program
20    approved by the court. The person on probation or
21    conditional discharge must attend a public institution of
22    education to obtain the educational or vocational training
23    required by this clause (7). The court shall revoke the
24    probation or conditional discharge of a person who wilfully
25    fails to comply with this clause (7). The person on
26    probation or conditional discharge shall be required to pay

 

 

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1    for the cost of the educational courses or GED test, if a
2    fee is charged for those courses or test. The court shall
3    resentence the offender whose probation or conditional
4    discharge has been revoked as provided in Section 5-6-4.
5    This clause (7) does not apply to a person who has a high
6    school diploma or has successfully passed the GED test.
7    This clause (7) does not apply to a person who is
8    determined by the court to be developmentally disabled or
9    otherwise mentally incapable of completing the educational
10    or vocational program;
11        (8) if convicted of possession of a substance
12    prohibited by the Cannabis Control Act, the Illinois
13    Controlled Substances Act, or the Methamphetamine Control
14    and Community Protection Act after a previous conviction or
15    disposition of supervision for possession of a substance
16    prohibited by the Cannabis Control Act or Illinois
17    Controlled Substances Act or after a sentence of probation
18    under Section 10 of the Cannabis Control Act, Section 410
19    of the Illinois Controlled Substances Act, or Section 70 of
20    the Methamphetamine Control and Community Protection Act
21    and upon a finding by the court that the person is
22    addicted, undergo treatment at a substance abuse program
23    approved by the court;
24        (8.5) if convicted of a felony sex offense as defined
25    in the Sex Offender Management Board Act, the person shall
26    undergo and successfully complete sex offender treatment

 

 

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1    by a treatment provider approved by the Board and conducted
2    in conformance with the standards developed under the Sex
3    Offender Management Board Act;
4        (8.6) if convicted of a sex offense as defined in the
5    Sex Offender Management Board Act, refrain from residing at
6    the same address or in the same condominium unit or
7    apartment unit or in the same condominium complex or
8    apartment complex with another person he or she knows or
9    reasonably should know is a convicted sex offender or has
10    been placed on supervision for a sex offense; the
11    provisions of this paragraph do not apply to a person
12    convicted of a sex offense who is placed in a Department of
13    Corrections licensed transitional housing facility for sex
14    offenders;
15        (8.7) if convicted for an offense committed on or after
16    June 1, 2008 (the effective date of Public Act 95-464) that
17    would qualify the accused as a child sex offender as
18    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
19    1961, refrain from communicating with or contacting, by
20    means of the Internet, a person who is not related to the
21    accused and whom the accused reasonably believes to be
22    under 18 years of age; for purposes of this paragraph
23    (8.7), "Internet" has the meaning ascribed to it in Section
24    16J-5 of the Criminal Code of 1961; and a person is not
25    related to the accused if the person is not: (i) the
26    spouse, brother, or sister of the accused; (ii) a

 

 

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1    descendant of the accused; (iii) a first or second cousin
2    of the accused; or (iv) a step-child or adopted child of
3    the accused;
4        (8.8) if convicted for an offense under Section 11-6,
5    11-9.1, 11-14.4 that involves soliciting for a juvenile
6    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
7    of the Criminal Code of 1961, or any attempt to commit any
8    of these offenses, committed on or after June 1, 2009 (the
9    effective date of Public Act 95-983):
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the offender's probation officer,
13        except in connection with the offender's employment or
14        search for employment with the prior approval of the
15        offender's probation officer;
16            (ii) submit to periodic unannounced examinations
17        of the offender's computer or any other device with
18        Internet capability by the offender's probation
19        officer, a law enforcement officer, or assigned
20        computer or information technology specialist,
21        including the retrieval and copying of all data from
22        the computer or device and any internal or external
23        peripherals and removal of such information,
24        equipment, or device to conduct a more thorough
25        inspection;
26            (iii) submit to the installation on the offender's

 

 

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1        computer or device with Internet capability, at the
2        offender's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (iv) submit to any other appropriate restrictions
5        concerning the offender's use of or access to a
6        computer or any other device with Internet capability
7        imposed by the offender's probation officer;
8        (8.9) if convicted of a sex offense as defined in the
9    Sex Offender Registration Act committed on or after January
10    1, 2010 (the effective date of Public Act 96-262), refrain
11    from accessing or using a social networking website as
12    defined in Section 16D-2 of the Criminal Code of 1961;
13        (9) if convicted of a felony, physically surrender at a
14    time and place designated by the court, his or her Firearm
15    Owner's Identification Card and any and all firearms in his
16    or her possession;
17        (10) if convicted of a sex offense as defined in
18    subsection (a-5) of Section 3-1-2 of this Code, unless the
19    offender is a parent or guardian of the person under 18
20    years of age present in the home and no non-familial minors
21    are present, not participate in a holiday event involving
22    children under 18 years of age, such as distributing candy
23    or other items to children on Halloween, wearing a Santa
24    Claus costume on or preceding Christmas, being employed as
25    a department store Santa Claus, or wearing an Easter Bunny
26    costume on or preceding Easter; and

 

 

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1        (11) if convicted of a sex offense as defined in
2    Section 2 of the Sex Offender Registration Act committed on
3    or after January 1, 2010 (the effective date of Public Act
4    96-362) that requires the person to register as a sex
5    offender under that Act, may not knowingly use any computer
6    scrub software on any computer that the sex offender uses.
7    (b) The Court may in addition to other reasonable
8conditions relating to the nature of the offense or the
9rehabilitation of the defendant as determined for each
10defendant in the proper discretion of the Court require that
11the person:
12        (1) serve a term of periodic imprisonment under Article
13    7 for a period not to exceed that specified in paragraph
14    (d) of Section 5-7-1;
15        (2) pay a fine and costs;
16        (3) work or pursue a course of study or vocational
17    training;
18        (4) undergo medical, psychological or psychiatric
19    treatment; or treatment for drug addiction or alcoholism;
20        (5) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (6) support his dependents;
23        (7) and in addition, if a minor:
24            (i) reside with his parents or in a foster home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

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1            (iv) contribute to his own support at home or in a
2        foster home;
3            (v) with the consent of the superintendent of the
4        facility, attend an educational program at a facility
5        other than the school in which the offense was
6        committed if he or she is convicted of a crime of
7        violence as defined in Section 2 of the Crime Victims
8        Compensation Act committed in a school, on the real
9        property comprising a school, or within 1,000 feet of
10        the real property comprising a school;
11        (8) make restitution as provided in Section 5-5-6 of
12    this Code;
13        (9) perform some reasonable public or community
14    service;
15        (10) serve a term of home confinement. In addition to
16    any other applicable condition of probation or conditional
17    discharge, the conditions of home confinement shall be that
18    the offender:
19            (i) remain within the interior premises of the
20        place designated for his confinement during the hours
21        designated by the court;
22            (ii) admit any person or agent designated by the
23        court into the offender's place of confinement at any
24        time for purposes of verifying the offender's
25        compliance with the conditions of his confinement; and
26            (iii) if further deemed necessary by the court or

 

 

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1        the Probation or Court Services Department, be placed
2        on an approved electronic monitoring device, subject
3        to Article 8A of Chapter V;
4            (iv) for persons convicted of any alcohol,
5        cannabis or controlled substance violation who are
6        placed on an approved monitoring device as a condition
7        of probation or conditional discharge, the court shall
8        impose a reasonable fee for each day of the use of the
9        device, as established by the county board in
10        subsection (g) of this Section, unless after
11        determining the inability of the offender to pay the
12        fee, the court assesses a lesser fee or no fee as the
13        case may be. This fee shall be imposed in addition to
14        the fees imposed under subsections (g) and (i) of this
15        Section. The fee shall be collected by the clerk of the
16        circuit court. The clerk of the circuit court shall pay
17        all monies collected from this fee to the county
18        treasurer for deposit in the substance abuse services
19        fund under Section 5-1086.1 of the Counties Code; and
20            (v) for persons convicted of offenses other than
21        those referenced in clause (iv) above and who are
22        placed on an approved monitoring device as a condition
23        of probation or conditional discharge, the court shall
24        impose a reasonable fee for each day of the use of the
25        device, as established by the county board in
26        subsection (g) of this Section, unless after

 

 

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1        determining the inability of the defendant to pay the
2        fee, the court assesses a lesser fee or no fee as the
3        case may be. This fee shall be imposed in addition to
4        the fees imposed under subsections (g) and (i) of this
5        Section. The fee shall be collected by the clerk of the
6        circuit court. The clerk of the circuit court shall pay
7        all monies collected from this fee to the county
8        treasurer who shall use the monies collected to defray
9        the costs of corrections. The county treasurer shall
10        deposit the fee collected in the county working cash
11        fund under Section 6-27001 or Section 6-29002 of the
12        Counties Code, as the case may be.
13        (11) comply with the terms and conditions of an order
14    of protection issued by the court pursuant to the Illinois
15    Domestic Violence Act of 1986, as now or hereafter amended,
16    or an order of protection issued by the court of another
17    state, tribe, or United States territory. A copy of the
18    order of protection shall be transmitted to the probation
19    officer or agency having responsibility for the case;
20        (12) reimburse any "local anti-crime program" as
21    defined in Section 7 of the Anti-Crime Advisory Council Act
22    for any reasonable expenses incurred by the program on the
23    offender's case, not to exceed the maximum amount of the
24    fine authorized for the offense for which the defendant was
25    sentenced;
26        (13) contribute a reasonable sum of money, not to

 

 

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1    exceed the maximum amount of the fine authorized for the
2    offense for which the defendant was sentenced, (i) to a
3    "local anti-crime program", as defined in Section 7 of the
4    Anti-Crime Advisory Council Act, or (ii) for offenses under
5    the jurisdiction of the Department of Natural Resources, to
6    the fund established by the Department of Natural Resources
7    for the purchase of evidence for investigation purposes and
8    to conduct investigations as outlined in Section 805-105 of
9    the Department of Natural Resources (Conservation) Law;
10        (14) refrain from entering into a designated
11    geographic area except upon such terms as the court finds
12    appropriate. Such terms may include consideration of the
13    purpose of the entry, the time of day, other persons
14    accompanying the defendant, and advance approval by a
15    probation officer, if the defendant has been placed on
16    probation or advance approval by the court, if the
17    defendant was placed on conditional discharge;
18        (15) refrain from having any contact, directly or
19    indirectly, with certain specified persons or particular
20    types of persons, including but not limited to members of
21    street gangs and drug users or dealers;
22        (16) refrain from having in his or her body the
23    presence of any illicit drug prohibited by the Cannabis
24    Control Act, the Illinois Controlled Substances Act, or the
25    Methamphetamine Control and Community Protection Act,
26    unless prescribed by a physician, and submit samples of his

 

 

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1    or her blood or urine or both for tests to determine the
2    presence of any illicit drug;
3        (17) if convicted for an offense committed on or after
4    June 1, 2008 (the effective date of Public Act 95-464) that
5    would qualify the accused as a child sex offender as
6    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
7    1961, refrain from communicating with or contacting, by
8    means of the Internet, a person who is related to the
9    accused and whom the accused reasonably believes to be
10    under 18 years of age; for purposes of this paragraph (17),
11    "Internet" has the meaning ascribed to it in Section 16J-5
12    of the Criminal Code of 1961; and a person is related to
13    the accused if the person is: (i) the spouse, brother, or
14    sister of the accused; (ii) a descendant of the accused;
15    (iii) a first or second cousin of the accused; or (iv) a
16    step-child or adopted child of the accused;
17        (18) if convicted for an offense committed on or after
18    June 1, 2009 (the effective date of Public Act 95-983) that
19    would qualify as a sex offense as defined in the Sex
20    Offender Registration Act:
21            (i) not access or use a computer or any other
22        device with Internet capability without the prior
23        written approval of the offender's probation officer,
24        except in connection with the offender's employment or
25        search for employment with the prior approval of the
26        offender's probation officer;

 

 

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1            (ii) submit to periodic unannounced examinations
2        of the offender's computer or any other device with
3        Internet capability by the offender's probation
4        officer, a law enforcement officer, or assigned
5        computer or information technology specialist,
6        including the retrieval and copying of all data from
7        the computer or device and any internal or external
8        peripherals and removal of such information,
9        equipment, or device to conduct a more thorough
10        inspection;
11            (iii) submit to the installation on the offender's
12        computer or device with Internet capability, at the
13        subject's expense, of one or more hardware or software
14        systems to monitor the Internet use; and
15            (iv) submit to any other appropriate restrictions
16        concerning the offender's use of or access to a
17        computer or any other device with Internet capability
18        imposed by the offender's probation officer; and
19        (19) refrain from possessing a firearm or other
20    dangerous weapon where the offense is a misdemeanor that
21    did not involve the intentional or knowing infliction of
22    bodily harm or threat of bodily harm.
23    (c) The court may as a condition of probation or of
24conditional discharge require that a person under 18 years of
25age found guilty of any alcohol, cannabis or controlled
26substance violation, refrain from acquiring a driver's license

 

 

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1during the period of probation or conditional discharge. If
2such person is in possession of a permit or license, the court
3may require that the minor refrain from driving or operating
4any motor vehicle during the period of probation or conditional
5discharge, except as may be necessary in the course of the
6minor's lawful employment.
7    (d) An offender sentenced to probation or to conditional
8discharge shall be given a certificate setting forth the
9conditions thereof.
10    (e) Except where the offender has committed a fourth or
11subsequent violation of subsection (c) of Section 6-303 of the
12Illinois Vehicle Code, the court shall not require as a
13condition of the sentence of probation or conditional discharge
14that the offender be committed to a period of imprisonment in
15excess of 6 months. This 6 month limit shall not include
16periods of confinement given pursuant to a sentence of county
17impact incarceration under Section 5-8-1.2.
18    Persons committed to imprisonment as a condition of
19probation or conditional discharge shall not be committed to
20the Department of Corrections.
21    (f) The court may combine a sentence of periodic
22imprisonment under Article 7 or a sentence to a county impact
23incarceration program under Article 8 with a sentence of
24probation or conditional discharge.
25    (g) An offender sentenced to probation or to conditional
26discharge and who during the term of either undergoes mandatory

 

 

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1drug or alcohol testing, or both, or is assigned to be placed
2on an approved electronic monitoring device, shall be ordered
3to pay all costs incidental to such mandatory drug or alcohol
4testing, or both, and all costs incidental to such approved
5electronic monitoring in accordance with the defendant's
6ability to pay those costs. The county board with the
7concurrence of the Chief Judge of the judicial circuit in which
8the county is located shall establish reasonable fees for the
9cost of maintenance, testing, and incidental expenses related
10to the mandatory drug or alcohol testing, or both, and all
11costs incidental to approved electronic monitoring, involved
12in a successful probation program for the county. The
13concurrence of the Chief Judge shall be in the form of an
14administrative order. The fees shall be collected by the clerk
15of the circuit court. The clerk of the circuit court shall pay
16all moneys collected from these fees to the county treasurer
17who shall use the moneys collected to defray the costs of drug
18testing, alcohol testing, and electronic monitoring. The
19county treasurer shall deposit the fees collected in the county
20working cash fund under Section 6-27001 or Section 6-29002 of
21the Counties Code, as the case may be.
22    (h) Jurisdiction over an offender may be transferred from
23the sentencing court to the court of another circuit with the
24concurrence of both courts. Further transfers or retransfers of
25jurisdiction are also authorized in the same manner. The court
26to which jurisdiction has been transferred shall have the same

 

 

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1powers as the sentencing court.
2    (i) The court shall impose upon an offender sentenced to
3probation after January 1, 1989 or to conditional discharge
4after January 1, 1992 or to community service under the
5supervision of a probation or court services department after
6January 1, 2004, as a condition of such probation or
7conditional discharge or supervised community service, a fee of
8$50 for each month of probation or conditional discharge
9supervision or supervised community service ordered by the
10court, unless after determining the inability of the person
11sentenced to probation or conditional discharge or supervised
12community service to pay the fee, the court assesses a lesser
13fee. The court may not impose the fee on a minor who is made a
14ward of the State under the Juvenile Court Act of 1987 while
15the minor is in placement. The fee shall be imposed only upon
16an offender who is actively supervised by the probation and
17court services department. The fee shall be collected by the
18clerk of the circuit court. The clerk of the circuit court
19shall pay all monies collected from this fee to the county
20treasurer for deposit in the probation and court services fund
21under Section 15.1 of the Probation and Probation Officers Act.
22    A circuit court may not impose a probation fee under this
23subsection (i) in excess of $25 per month unless the circuit
24court has adopted, by administrative order issued by the chief
25judge, a standard probation fee guide determining an offender's
26ability to pay Of the amount collected as a probation fee, up

 

 

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1to $5 of that fee collected per month may be used to provide
2services to crime victims and their families.
3    The Court may only waive probation fees based on an
4offender's ability to pay. The probation department may
5re-evaluate an offender's ability to pay every 6 months, and,
6with the approval of the Director of Court Services or the
7Chief Probation Officer, adjust the monthly fee amount. An
8offender may elect to pay probation fees due in a lump sum. Any
9offender that has been assigned to the supervision of a
10probation department, or has been transferred either under
11subsection (h) of this Section or under any interstate compact,
12shall be required to pay probation fees to the department
13supervising the offender, based on the offender's ability to
14pay.
15    This amendatory Act of the 93rd General Assembly deletes
16the $10 increase in the fee under this subsection that was
17imposed by Public Act 93-616. This deletion is intended to
18control over any other Act of the 93rd General Assembly that
19retains or incorporates that fee increase.
20    (i-5) In addition to the fees imposed under subsection (i)
21of this Section, in the case of an offender convicted of a
22felony sex offense (as defined in the Sex Offender Management
23Board Act) or an offense that the court or probation department
24has determined to be sexually motivated (as defined in the Sex
25Offender Management Board Act), the court or the probation
26department shall assess additional fees to pay for all costs of

 

 

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1treatment, assessment, evaluation for risk and treatment, and
2monitoring the offender, based on that offender's ability to
3pay those costs either as they occur or under a payment plan.
4    (j) All fines and costs imposed under this Section for any
5violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
6Code, or a similar provision of a local ordinance, and any
7violation of the Child Passenger Protection Act, or a similar
8provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under Section 27.5
10of the Clerks of Courts Act.
11    (k) Any offender who is sentenced to probation or
12conditional discharge for a felony sex offense as defined in
13the Sex Offender Management Board Act or any offense that the
14court or probation department has determined to be sexually
15motivated as defined in the Sex Offender Management Board Act
16shall be required to refrain from any contact, directly or
17indirectly, with any persons specified by the court and shall
18be available for all evaluations and treatment programs
19required by the court or the probation department.
20    (l) The court may order an offender who is sentenced to
21probation or conditional discharge for a violation of an order
22of protection be placed under electronic surveillance as
23provided in Section 5-8A-7 of this Code.
24(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
2595-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
2695-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;

 

 

SB1310 Engrossed- 909 -LRB096 09456 RLC 19613 b

196-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
28-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
 
3    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
4    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
5    (a) When a defendant is placed on supervision, the court
6shall enter an order for supervision specifying the period of
7such supervision, and shall defer further proceedings in the
8case until the conclusion of the period.
9    (b) The period of supervision shall be reasonable under all
10of the circumstances of the case, but may not be longer than 2
11years, unless the defendant has failed to pay the assessment
12required by Section 10.3 of the Cannabis Control Act, Section
13411.2 of the Illinois Controlled Substances Act, or Section 80
14of the Methamphetamine Control and Community Protection Act, in
15which case the court may extend supervision beyond 2 years.
16Additionally, the court shall order the defendant to perform no
17less than 30 hours of community service and not more than 120
18hours of community service, if community service is available
19in the jurisdiction and is funded and approved by the county
20board where the offense was committed, when the offense (1) was
21related to or in furtherance of the criminal activities of an
22organized gang or was motivated by the defendant's membership
23in or allegiance to an organized gang; or (2) is a violation of
24any Section of Article 24 of the Criminal Code of 1961 where a
25disposition of supervision is not prohibited by Section 5-6-1

 

 

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1of this Code. The community service shall include, but not be
2limited to, the cleanup and repair of any damage caused by
3violation of Section 21-1.3 of the Criminal Code of 1961 and
4similar damages to property located within the municipality or
5county in which the violation occurred. Where possible and
6reasonable, the community service should be performed in the
7offender's neighborhood.
8    For the purposes of this Section, "organized gang" has the
9meaning ascribed to it in Section 10 of the Illinois Streetgang
10Terrorism Omnibus Prevention Act.
11    (c) The court may in addition to other reasonable
12conditions relating to the nature of the offense or the
13rehabilitation of the defendant as determined for each
14defendant in the proper discretion of the court require that
15the person:
16        (1) make a report to and appear in person before or
17    participate with the court or such courts, person, or
18    social service agency as directed by the court in the order
19    of supervision;
20        (2) pay a fine and costs;
21        (3) work or pursue a course of study or vocational
22    training;
23        (4) undergo medical, psychological or psychiatric
24    treatment; or treatment for drug addiction or alcoholism;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

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1        (6) support his dependents;
2        (7) refrain from possessing a firearm or other
3    dangerous weapon;
4        (8) and in addition, if a minor:
5            (i) reside with his parents or in a foster home;
6            (ii) attend school;
7            (iii) attend a non-residential program for youth;
8            (iv) contribute to his own support at home or in a
9        foster home; or
10            (v) with the consent of the superintendent of the
11        facility, attend an educational program at a facility
12        other than the school in which the offense was
13        committed if he or she is placed on supervision for a
14        crime of violence as defined in Section 2 of the Crime
15        Victims Compensation Act committed in a school, on the
16        real property comprising a school, or within 1,000 feet
17        of the real property comprising a school;
18        (9) make restitution or reparation in an amount not to
19    exceed actual loss or damage to property and pecuniary loss
20    or make restitution under Section 5-5-6 to a domestic
21    violence shelter. The court shall determine the amount and
22    conditions of payment;
23        (10) perform some reasonable public or community
24    service;
25        (11) comply with the terms and conditions of an order
26    of protection issued by the court pursuant to the Illinois

 

 

SB1310 Engrossed- 912 -LRB096 09456 RLC 19613 b

1    Domestic Violence Act of 1986 or an order of protection
2    issued by the court of another state, tribe, or United
3    States territory. If the court has ordered the defendant to
4    make a report and appear in person under paragraph (1) of
5    this subsection, a copy of the order of protection shall be
6    transmitted to the person or agency so designated by the
7    court;
8        (12) reimburse any "local anti-crime program" as
9    defined in Section 7 of the Anti-Crime Advisory Council Act
10    for any reasonable expenses incurred by the program on the
11    offender's case, not to exceed the maximum amount of the
12    fine authorized for the offense for which the defendant was
13    sentenced;
14        (13) contribute a reasonable sum of money, not to
15    exceed the maximum amount of the fine authorized for the
16    offense for which the defendant was sentenced, (i) to a
17    "local anti-crime program", as defined in Section 7 of the
18    Anti-Crime Advisory Council Act, or (ii) for offenses under
19    the jurisdiction of the Department of Natural Resources, to
20    the fund established by the Department of Natural Resources
21    for the purchase of evidence for investigation purposes and
22    to conduct investigations as outlined in Section 805-105 of
23    the Department of Natural Resources (Conservation) Law;
24        (14) refrain from entering into a designated
25    geographic area except upon such terms as the court finds
26    appropriate. Such terms may include consideration of the

 

 

SB1310 Engrossed- 913 -LRB096 09456 RLC 19613 b

1    purpose of the entry, the time of day, other persons
2    accompanying the defendant, and advance approval by a
3    probation officer;
4        (15) refrain from having any contact, directly or
5    indirectly, with certain specified persons or particular
6    types of person, including but not limited to members of
7    street gangs and drug users or dealers;
8        (16) refrain from having in his or her body the
9    presence of any illicit drug prohibited by the Cannabis
10    Control Act, the Illinois Controlled Substances Act, or the
11    Methamphetamine Control and Community Protection Act,
12    unless prescribed by a physician, and submit samples of his
13    or her blood or urine or both for tests to determine the
14    presence of any illicit drug;
15        (17) refrain from operating any motor vehicle not
16    equipped with an ignition interlock device as defined in
17    Section 1-129.1 of the Illinois Vehicle Code; under this
18    condition the court may allow a defendant who is not
19    self-employed to operate a vehicle owned by the defendant's
20    employer that is not equipped with an ignition interlock
21    device in the course and scope of the defendant's
22    employment; and
23        (18) if placed on supervision for a sex offense as
24    defined in subsection (a-5) of Section 3-1-2 of this Code,
25    unless the offender is a parent or guardian of the person
26    under 18 years of age present in the home and no

 

 

SB1310 Engrossed- 914 -LRB096 09456 RLC 19613 b

1    non-familial minors are present, not participate in a
2    holiday event involving children under 18 years of age,
3    such as distributing candy or other items to children on
4    Halloween, wearing a Santa Claus costume on or preceding
5    Christmas, being employed as a department store Santa
6    Claus, or wearing an Easter Bunny costume on or preceding
7    Easter.
8    (d) The court shall defer entering any judgment on the
9charges until the conclusion of the supervision.
10    (e) At the conclusion of the period of supervision, if the
11court determines that the defendant has successfully complied
12with all of the conditions of supervision, the court shall
13discharge the defendant and enter a judgment dismissing the
14charges.
15    (f) Discharge and dismissal upon a successful conclusion of
16a disposition of supervision shall be deemed without
17adjudication of guilt and shall not be termed a conviction for
18purposes of disqualification or disabilities imposed by law
19upon conviction of a crime. Two years after the discharge and
20dismissal under this Section, unless the disposition of
21supervision was for a violation of Sections 3-707, 3-708,
223-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
23similar provision of a local ordinance, or for a violation of
24Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
25case it shall be 5 years after discharge and dismissal, a
26person may have his record of arrest sealed or expunged as may

 

 

SB1310 Engrossed- 915 -LRB096 09456 RLC 19613 b

1be provided by law. However, any defendant placed on
2supervision before January 1, 1980, may move for sealing or
3expungement of his arrest record, as provided by law, at any
4time after discharge and dismissal under this Section. A person
5placed on supervision for a sexual offense committed against a
6minor as defined in clause (a)(1)(L) of Section 5.2 of the
7Criminal Identification Act or for a violation of Section
811-501 of the Illinois Vehicle Code or a similar provision of a
9local ordinance shall not have his or her record of arrest
10sealed or expunged.
11    (g) A defendant placed on supervision and who during the
12period of supervision undergoes mandatory drug or alcohol
13testing, or both, or is assigned to be placed on an approved
14electronic monitoring device, shall be ordered to pay the costs
15incidental to such mandatory drug or alcohol testing, or both,
16and costs incidental to such approved electronic monitoring in
17accordance with the defendant's ability to pay those costs. The
18county board with the concurrence of the Chief Judge of the
19judicial circuit in which the county is located shall establish
20reasonable fees for the cost of maintenance, testing, and
21incidental expenses related to the mandatory drug or alcohol
22testing, or both, and all costs incidental to approved
23electronic monitoring, of all defendants placed on
24supervision. The concurrence of the Chief Judge shall be in the
25form of an administrative order. The fees shall be collected by
26the clerk of the circuit court. The clerk of the circuit court

 

 

SB1310 Engrossed- 916 -LRB096 09456 RLC 19613 b

1shall pay all moneys collected from these fees to the county
2treasurer who shall use the moneys collected to defray the
3costs of drug testing, alcohol testing, and electronic
4monitoring. The county treasurer shall deposit the fees
5collected in the county working cash fund under Section 6-27001
6or Section 6-29002 of the Counties Code, as the case may be.
7    (h) A disposition of supervision is a final order for the
8purposes of appeal.
9    (i) The court shall impose upon a defendant placed on
10supervision after January 1, 1992 or to community service under
11the supervision of a probation or court services department
12after January 1, 2004, as a condition of supervision or
13supervised community service, a fee of $50 for each month of
14supervision or supervised community service ordered by the
15court, unless after determining the inability of the person
16placed on supervision or supervised community service to pay
17the fee, the court assesses a lesser fee. The court may not
18impose the fee on a minor who is made a ward of the State under
19the Juvenile Court Act of 1987 while the minor is in placement.
20The fee shall be imposed only upon a defendant who is actively
21supervised by the probation and court services department. The
22fee shall be collected by the clerk of the circuit court. The
23clerk of the circuit court shall pay all monies collected from
24this fee to the county treasurer for deposit in the probation
25and court services fund pursuant to Section 15.1 of the
26Probation and Probation Officers Act.

 

 

SB1310 Engrossed- 917 -LRB096 09456 RLC 19613 b

1    A circuit court may not impose a probation fee in excess of
2$25 per month unless the circuit court has adopted, by
3administrative order issued by the chief judge, a standard
4probation fee guide determining an offender's ability to pay.
5Of the amount collected as a probation fee, not to exceed $5 of
6that fee collected per month may be used to provide services to
7crime victims and their families.
8    The Court may only waive probation fees based on an
9offender's ability to pay. The probation department may
10re-evaluate an offender's ability to pay every 6 months, and,
11with the approval of the Director of Court Services or the
12Chief Probation Officer, adjust the monthly fee amount. An
13offender may elect to pay probation fees due in a lump sum. Any
14offender that has been assigned to the supervision of a
15probation department, or has been transferred either under
16subsection (h) of this Section or under any interstate compact,
17shall be required to pay probation fees to the department
18supervising the offender, based on the offender's ability to
19pay.
20    (j) All fines and costs imposed under this Section for any
21violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
22Code, or a similar provision of a local ordinance, and any
23violation of the Child Passenger Protection Act, or a similar
24provision of a local ordinance, shall be collected and
25disbursed by the circuit clerk as provided under Section 27.5
26of the Clerks of Courts Act.

 

 

SB1310 Engrossed- 918 -LRB096 09456 RLC 19613 b

1    (k) A defendant at least 17 years of age who is placed on
2supervision for a misdemeanor in a county of 3,000,000 or more
3inhabitants and who has not been previously convicted of a
4misdemeanor or felony may as a condition of his or her
5supervision be required by the court to attend educational
6courses designed to prepare the defendant for a high school
7diploma and to work toward a high school diploma or to work
8toward passing the high school level Test of General
9Educational Development (GED) or to work toward completing a
10vocational training program approved by the court. The
11defendant placed on supervision must attend a public
12institution of education to obtain the educational or
13vocational training required by this subsection (k). The
14defendant placed on supervision shall be required to pay for
15the cost of the educational courses or GED test, if a fee is
16charged for those courses or test. The court shall revoke the
17supervision of a person who wilfully fails to comply with this
18subsection (k). The court shall resentence the defendant upon
19revocation of supervision as provided in Section 5-6-4. This
20subsection (k) does not apply to a defendant who has a high
21school diploma or has successfully passed the GED test. This
22subsection (k) does not apply to a defendant who is determined
23by the court to be developmentally disabled or otherwise
24mentally incapable of completing the educational or vocational
25program.
26    (l) The court shall require a defendant placed on

 

 

SB1310 Engrossed- 919 -LRB096 09456 RLC 19613 b

1supervision for possession of a substance prohibited by the
2Cannabis Control Act, the Illinois Controlled Substances Act,
3or the Methamphetamine Control and Community Protection Act
4after a previous conviction or disposition of supervision for
5possession of a substance prohibited by the Cannabis Control
6Act, the Illinois Controlled Substances Act, or the
7Methamphetamine Control and Community Protection Act or a
8sentence of probation under Section 10 of the Cannabis Control
9Act or Section 410 of the Illinois Controlled Substances Act
10and after a finding by the court that the person is addicted,
11to undergo treatment at a substance abuse program approved by
12the court.
13    (m) The Secretary of State shall require anyone placed on
14court supervision for a violation of Section 3-707 of the
15Illinois Vehicle Code or a similar provision of a local
16ordinance to give proof of his or her financial responsibility
17as defined in Section 7-315 of the Illinois Vehicle Code. The
18proof shall be maintained by the individual in a manner
19satisfactory to the Secretary of State for a minimum period of
203 years after the date the proof is first filed. The proof
21shall be limited to a single action per arrest and may not be
22affected by any post-sentence disposition. The Secretary of
23State shall suspend the driver's license of any person
24determined by the Secretary to be in violation of this
25subsection.
26    (n) Any offender placed on supervision for any offense that

 

 

SB1310 Engrossed- 920 -LRB096 09456 RLC 19613 b

1the court or probation department has determined to be sexually
2motivated as defined in the Sex Offender Management Board Act
3shall be required to refrain from any contact, directly or
4indirectly, with any persons specified by the court and shall
5be available for all evaluations and treatment programs
6required by the court or the probation department.
7    (o) An offender placed on supervision for a sex offense as
8defined in the Sex Offender Management Board Act shall refrain
9from residing at the same address or in the same condominium
10unit or apartment unit or in the same condominium complex or
11apartment complex with another person he or she knows or
12reasonably should know is a convicted sex offender or has been
13placed on supervision for a sex offense. The provisions of this
14subsection (o) do not apply to a person convicted of a sex
15offense who is placed in a Department of Corrections licensed
16transitional housing facility for sex offenders.
17    (p) An offender placed on supervision for an offense
18committed on or after June 1, 2008 (the effective date of
19Public Act 95-464) that would qualify the accused as a child
20sex offender as defined in Section 11-9.3 or 11-9.4 of the
21Criminal Code of 1961 shall refrain from communicating with or
22contacting, by means of the Internet, a person who is not
23related to the accused and whom the accused reasonably believes
24to be under 18 years of age. For purposes of this subsection
25(p), "Internet" has the meaning ascribed to it in Section 16J-5
26of the Criminal Code of 1961; and a person is not related to

 

 

SB1310 Engrossed- 921 -LRB096 09456 RLC 19613 b

1the accused if the person is not: (i) the spouse, brother, or
2sister of the accused; (ii) a descendant of the accused; (iii)
3a first or second cousin of the accused; or (iv) a step-child
4or adopted child of the accused.
5    (q) An offender placed on supervision for an offense
6committed on or after June 1, 2008 (the effective date of
7Public Act 95-464) that would qualify the accused as a child
8sex offender as defined in Section 11-9.3 or 11-9.4 of the
9Criminal Code of 1961 shall, if so ordered by the court,
10refrain from communicating with or contacting, by means of the
11Internet, a person who is related to the accused and whom the
12accused reasonably believes to be under 18 years of age. For
13purposes of this subsection (q), "Internet" has the meaning
14ascribed to it in Section 16J-5 of the Criminal Code of 1961;
15and a person is related to the accused if the person is: (i)
16the spouse, brother, or sister of the accused; (ii) a
17descendant of the accused; (iii) a first or second cousin of
18the accused; or (iv) a step-child or adopted child of the
19accused.
20    (r) An offender placed on supervision for an offense under
21Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
22juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
2311-21 of the Criminal Code of 1961, or any attempt to commit
24any of these offenses, committed on or after the effective date
25of this amendatory Act of the 95th General Assembly shall:
26        (i) not access or use a computer or any other device

 

 

SB1310 Engrossed- 922 -LRB096 09456 RLC 19613 b

1    with Internet capability without the prior written
2    approval of the court, except in connection with the
3    offender's employment or search for employment with the
4    prior approval of the court;
5        (ii) submit to periodic unannounced examinations of
6    the offender's computer or any other device with Internet
7    capability by the offender's probation officer, a law
8    enforcement officer, or assigned computer or information
9    technology specialist, including the retrieval and copying
10    of all data from the computer or device and any internal or
11    external peripherals and removal of such information,
12    equipment, or device to conduct a more thorough inspection;
13        (iii) submit to the installation on the offender's
14    computer or device with Internet capability, at the
15    offender's expense, of one or more hardware or software
16    systems to monitor the Internet use; and
17        (iv) submit to any other appropriate restrictions
18    concerning the offender's use of or access to a computer or
19    any other device with Internet capability imposed by the
20    court.
21    (s) An offender placed on supervision for an offense that
22is a sex offense as defined in Section 2 of the Sex Offender
23Registration Act that is committed on or after January 1, 2010
24(the effective date of Public Act 96-362) that requires the
25person to register as a sex offender under that Act, may not
26knowingly use any computer scrub software on any computer that

 

 

SB1310 Engrossed- 923 -LRB096 09456 RLC 19613 b

1the sex offender uses.
2    (t) An offender placed on supervision for a sex offense as
3defined in the Sex Offender Registration Act committed on or
4after January 1, 2010 (the effective date of Public Act 96-262)
5shall refrain from accessing or using a social networking
6website as defined in Section 16D-2 of the Criminal Code of
71961.
8(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
995-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
1095-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
1196-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff.
121-1-11.)
 
13    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
14    Sec. 5-8-1. Natural life imprisonment; enhancements for
15use of a firearm; mandatory supervised release terms.
16    (a) Except as otherwise provided in the statute defining
17the offense or in Article 4.5 of Chapter V, a sentence of
18imprisonment for a felony shall be a determinate sentence set
19by the court under this Section, according to the following
20limitations:
21        (1) for first degree murder,
22            (a) (blank),
23            (b) if a trier of fact finds beyond a reasonable
24        doubt that the murder was accompanied by exceptionally
25        brutal or heinous behavior indicative of wanton

 

 

SB1310 Engrossed- 924 -LRB096 09456 RLC 19613 b

1        cruelty or, except as set forth in subsection (a)(1)(c)
2        of this Section, that any of the aggravating factors
3        listed in subsection (b) or (b-5) of Section 9-1 of the
4        Criminal Code of 1961 are present, the court may
5        sentence the defendant to a term of natural life
6        imprisonment, or
7            (c) the court shall sentence the defendant to a
8        term of natural life imprisonment when the death
9        penalty is not imposed if the defendant,
10                (i) has previously been convicted of first
11            degree murder under any state or federal law, or
12                (ii) is a person who, at the time of the
13            commission of the murder, had attained the age of
14            17 or more and is found guilty of murdering an
15            individual under 12 years of age; or, irrespective
16            of the defendant's age at the time of the
17            commission of the offense, is found guilty of
18            murdering more than one victim, or
19                (iii) is found guilty of murdering a peace
20            officer, fireman, or emergency management worker
21            when the peace officer, fireman, or emergency
22            management worker was killed in the course of
23            performing his official duties, or to prevent the
24            peace officer or fireman from performing his
25            official duties, or in retaliation for the peace
26            officer, fireman, or emergency management worker

 

 

SB1310 Engrossed- 925 -LRB096 09456 RLC 19613 b

1            from performing his official duties, and the
2            defendant knew or should have known that the
3            murdered individual was a peace officer, fireman,
4            or emergency management worker, or
5                (iv) is found guilty of murdering an employee
6            of an institution or facility of the Department of
7            Corrections, or any similar local correctional
8            agency, when the employee was killed in the course
9            of performing his official duties, or to prevent
10            the employee from performing his official duties,
11            or in retaliation for the employee performing his
12            official duties, or
13                (v) is found guilty of murdering an emergency
14            medical technician - ambulance, emergency medical
15            technician - intermediate, emergency medical
16            technician - paramedic, ambulance driver or other
17            medical assistance or first aid person while
18            employed by a municipality or other governmental
19            unit when the person was killed in the course of
20            performing official duties or to prevent the
21            person from performing official duties or in
22            retaliation for performing official duties and the
23            defendant knew or should have known that the
24            murdered individual was an emergency medical
25            technician - ambulance, emergency medical
26            technician - intermediate, emergency medical

 

 

SB1310 Engrossed- 926 -LRB096 09456 RLC 19613 b

1            technician - paramedic, ambulance driver, or other
2            medical assistant or first aid personnel, or
3                (vi) is a person who, at the time of the
4            commission of the murder, had not attained the age
5            of 17, and is found guilty of murdering a person
6            under 12 years of age and the murder is committed
7            during the course of aggravated criminal sexual
8            assault, criminal sexual assault, or aggravated
9            kidnaping, or
10                (vii) is found guilty of first degree murder
11            and the murder was committed by reason of any
12            person's activity as a community policing
13            volunteer or to prevent any person from engaging in
14            activity as a community policing volunteer. For
15            the purpose of this Section, "community policing
16            volunteer" has the meaning ascribed to it in
17            Section 2-3.5 of the Criminal Code of 1961.
18            For purposes of clause (v), "emergency medical
19        technician - ambulance", "emergency medical technician -
20         intermediate", "emergency medical technician -
21        paramedic", have the meanings ascribed to them in the
22        Emergency Medical Services (EMS) Systems Act.
23            (d) (i) if the person committed the offense while
24            armed with a firearm, 15 years shall be added to
25            the term of imprisonment imposed by the court;
26                (ii) if, during the commission of the offense,

 

 

SB1310 Engrossed- 927 -LRB096 09456 RLC 19613 b

1            the person personally discharged a firearm, 20
2            years shall be added to the term of imprisonment
3            imposed by the court;
4                (iii) if, during the commission of the
5            offense, the person personally discharged a
6            firearm that proximately caused great bodily harm,
7            permanent disability, permanent disfigurement, or
8            death to another person, 25 years or up to a term
9            of natural life shall be added to the term of
10            imprisonment imposed by the court.
11        (2) (blank);
12        (2.5) for a person convicted under the circumstances
13    described in subdivision (b)(1)(B) of Section 11-1.20 or
14    paragraph (3) of subsection (b) of Section 12-13,
15    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
16    subsection (d) of Section 12-14, subdivision (b)(1.2) of
17    Section 11-1.40 or paragraph (1.2) of subsection (b) of
18    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
19    paragraph (2) of subsection (b) of Section 12-14.1 of the
20    Criminal Code of 1961, the sentence shall be a term of
21    natural life imprisonment.
22    (b) (Blank).
23    (c) (Blank).
24    (d) Subject to earlier termination under Section 3-3-8, the
25parole or mandatory supervised release term shall be as
26follows:

 

 

SB1310 Engrossed- 928 -LRB096 09456 RLC 19613 b

1        (1) for first degree murder or a Class X felony except
2    for the offenses of predatory criminal sexual assault of a
3    child, aggravated criminal sexual assault, and criminal
4    sexual assault if committed on or after the effective date
5    of this amendatory Act of the 94th General Assembly and
6    except for the offense of aggravated child pornography
7    under Section 11-20.1B or 11-20.3 of the Criminal Code of
8    1961, if committed on or after January 1, 2009, 3 years;
9        (2) for a Class 1 felony or a Class 2 felony except for
10    the offense of criminal sexual assault if committed on or
11    after the effective date of this amendatory Act of the 94th
12    General Assembly and except for the offenses of manufacture
13    and dissemination of child pornography under clauses
14    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
15    of 1961, if committed on or after January 1, 2009, 2 years;
16        (3) for a Class 3 felony or a Class 4 felony, 1 year;
17        (4) for defendants who commit the offense of predatory
18    criminal sexual assault of a child, aggravated criminal
19    sexual assault, or criminal sexual assault, on or after the
20    effective date of this amendatory Act of the 94th General
21    Assembly, or who commit the offense of aggravated child
22    pornography, manufacture of child pornography, or
23    dissemination of child pornography after January 1, 2009,
24    the term of mandatory supervised release shall range from a
25    minimum of 3 years to a maximum of the natural life of the
26    defendant;

 

 

SB1310 Engrossed- 929 -LRB096 09456 RLC 19613 b

1        (5) if the victim is under 18 years of age, for a
2    second or subsequent offense of aggravated criminal sexual
3    abuse or felony criminal sexual abuse, 4 years, at least
4    the first 2 years of which the defendant shall serve in an
5    electronic home detention program under Article 8A of
6    Chapter V of this Code;
7        (6) for a felony domestic battery, aggravated domestic
8    battery, stalking, aggravated stalking, and a felony
9    violation of an order of protection, 4 years.
10    (e) (Blank).
11    (f) (Blank).
12(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
1396-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
147-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
 
15    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
16    Sec. 5-8-4. Concurrent and consecutive terms of
17imprisonment.
18    (a) Concurrent terms; multiple or additional sentences.
19When an Illinois court (i) imposes multiple sentences of
20imprisonment on a defendant at the same time or (ii) imposes a
21sentence of imprisonment on a defendant who is already subject
22to a sentence of imprisonment imposed by an Illinois court, a
23court of another state, or a federal court, then the sentences
24shall run concurrently unless otherwise determined by the
25Illinois court under this Section.

 

 

SB1310 Engrossed- 930 -LRB096 09456 RLC 19613 b

1    (b) Concurrent terms; misdemeanor and felony. A defendant
2serving a sentence for a misdemeanor who is convicted of a
3felony and sentenced to imprisonment shall be transferred to
4the Department of Corrections, and the misdemeanor sentence
5shall be merged in and run concurrently with the felony
6sentence.
7    (c) Consecutive terms; permissive. The court may impose
8consecutive sentences in any of the following circumstances:
9        (1) If, having regard to the nature and circumstances
10    of the offense and the history and character of the
11    defendant, it is the opinion of the court that consecutive
12    sentences are required to protect the public from further
13    criminal conduct by the defendant, the basis for which the
14    court shall set forth in the record.
15        (2) If one of the offenses for which a defendant was
16    convicted was a violation of Section 32-5.2 (aggravated
17    false personation of a peace officer) of the Criminal Code
18    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
19    in attempting or committing a forcible felony.
20    (d) Consecutive terms; mandatory. The court shall impose
21consecutive sentences in each of the following circumstances:
22        (1) One of the offenses for which the defendant was
23    convicted was first degree murder or a Class X or Class 1
24    felony and the defendant inflicted severe bodily injury.
25        (2) The defendant was convicted of a violation of
26    Section 11-1.20 or 12-13 (criminal sexual assault),

 

 

SB1310 Engrossed- 931 -LRB096 09456 RLC 19613 b

1    11-1.30 or 12-14 (aggravated criminal sexual assault), or
2    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
3    child) of the Criminal Code of 1961 (720 ILCS 5/11-1.20,
4    5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
5        (3) The defendant was convicted of armed violence based
6    upon the predicate offense of any of the following:
7    solicitation of murder, solicitation of murder for hire,
8    heinous battery, aggravated battery of a senior citizen,
9    criminal sexual assault, a violation of subsection (g) of
10    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
11    cannabis trafficking, a violation of subsection (a) of
12    Section 401 of the Illinois Controlled Substances Act (720
13    ILCS 570/401), controlled substance trafficking involving
14    a Class X felony amount of controlled substance under
15    Section 401 of the Illinois Controlled Substances Act (720
16    ILCS 570/401), a violation of the Methamphetamine Control
17    and Community Protection Act (720 ILCS 646/), calculated
18    criminal drug conspiracy, or streetgang criminal drug
19    conspiracy.
20        (4) The defendant was convicted of the offense of
21    leaving the scene of a motor vehicle accident involving
22    death or personal injuries under Section 11-401 of the
23    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
24    aggravated driving under the influence of alcohol, other
25    drug or drugs, or intoxicating compound or compounds, or
26    any combination thereof under Section 11-501 of the

 

 

SB1310 Engrossed- 932 -LRB096 09456 RLC 19613 b

1    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
2    homicide under Section 9-3 of the Criminal Code of 1961
3    (720 ILCS 5/9-3), or (C) both an offense described in item
4    (A) and an offense described in item (B).
5        (5) The defendant was convicted of a violation of
6    Section 9-3.1 (concealment of homicidal death) or Section
7    12-20.5 (dismembering a human body) of the Criminal Code of
8    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
9        (5.5) The defendant was convicted of a violation of
10    Section 24-3.7 (use of a stolen firearm in the commission
11    of an offense) of the Criminal Code of 1961.
12        (6) If the defendant was in the custody of the
13    Department of Corrections at the time of the commission of
14    the offense, the sentence shall be served consecutive to
15    the sentence under which the defendant is held by the
16    Department of Corrections. If, however, the defendant is
17    sentenced to punishment by death, the sentence shall be
18    executed at such time as the court may fix without regard
19    to the sentence under which the defendant may be held by
20    the Department.
21        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
22    for escape or attempted escape shall be served consecutive
23    to the terms under which the offender is held by the
24    Department of Corrections.
25        (8) If a person charged with a felony commits a
26    separate felony while on pretrial release or in pretrial

 

 

SB1310 Engrossed- 933 -LRB096 09456 RLC 19613 b

1    detention in a county jail facility or county detention
2    facility, then the sentences imposed upon conviction of
3    these felonies shall be served consecutively regardless of
4    the order in which the judgments of conviction are entered.
5        (8.5) If a person commits a battery against a county
6    correctional officer or sheriff's employee while serving a
7    sentence or in pretrial detention in a county jail
8    facility, then the sentence imposed upon conviction of the
9    battery shall be served consecutively with the sentence
10    imposed upon conviction of the earlier misdemeanor or
11    felony, regardless of the order in which the judgments of
12    conviction are entered.
13        (9) If a person admitted to bail following conviction
14    of a felony commits a separate felony while free on bond or
15    if a person detained in a county jail facility or county
16    detention facility following conviction of a felony
17    commits a separate felony while in detention, then any
18    sentence following conviction of the separate felony shall
19    be consecutive to that of the original sentence for which
20    the defendant was on bond or detained.
21        (10) If a person is found to be in possession of an
22    item of contraband, as defined in clause (c)(2) of Section
23    31A-1.1 of the Criminal Code of 1961, while serving a
24    sentence in a county jail or while in pre-trial detention
25    in a county jail, the sentence imposed upon conviction for
26    the offense of possessing contraband in a penal institution

 

 

SB1310 Engrossed- 934 -LRB096 09456 RLC 19613 b

1    shall be served consecutively to the sentence imposed for
2    the offense in which the person is serving sentence in the
3    county jail or serving pretrial detention, regardless of
4    the order in which the judgments of conviction are entered.
5        (11) If a person is sentenced for a violation of bail
6    bond under Section 32-10 of the Criminal Code of 1961, any
7    sentence imposed for that violation shall be served
8    consecutive to the sentence imposed for the charge for
9    which bail had been granted and with respect to which the
10    defendant has been convicted.
11    (e) Consecutive terms; subsequent non-Illinois term. If an
12Illinois court has imposed a sentence of imprisonment on a
13defendant and the defendant is subsequently sentenced to a term
14of imprisonment by a court of another state or a federal court,
15then the Illinois sentence shall run consecutively to the
16sentence imposed by the court of the other state or the federal
17court. That same Illinois court, however, may order that the
18Illinois sentence run concurrently with the sentence imposed by
19the court of the other state or the federal court, but only if
20the defendant applies to that same Illinois court within 30
21days after the sentence imposed by the court of the other state
22or the federal court is finalized.
23    (f) Consecutive terms; aggregate maximums and minimums.
24The aggregate maximum and aggregate minimum of consecutive
25sentences shall be determined as follows:
26        (1) For sentences imposed under law in effect prior to

 

 

SB1310 Engrossed- 935 -LRB096 09456 RLC 19613 b

1    February 1, 1978, the aggregate maximum of consecutive
2    sentences shall not exceed the maximum term authorized
3    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
4    Chapter V for the 2 most serious felonies involved. The
5    aggregate minimum period of consecutive sentences shall
6    not exceed the highest minimum term authorized under
7    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
8    V for the 2 most serious felonies involved. When sentenced
9    only for misdemeanors, a defendant shall not be
10    consecutively sentenced to more than the maximum for one
11    Class A misdemeanor.
12        (2) For sentences imposed under the law in effect on or
13    after February 1, 1978, the aggregate of consecutive
14    sentences for offenses that were committed as part of a
15    single course of conduct during which there was no
16    substantial change in the nature of the criminal objective
17    shall not exceed the sum of the maximum terms authorized
18    under Article 4.5 of Chapter V for the 2 most serious
19    felonies involved, but no such limitation shall apply for
20    offenses that were not committed as part of a single course
21    of conduct during which there was no substantial change in
22    the nature of the criminal objective. When sentenced only
23    for misdemeanors, a defendant shall not be consecutively
24    sentenced to more than the maximum for one Class A
25    misdemeanor.
26    (g) Consecutive terms; manner served. In determining the

 

 

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1manner in which consecutive sentences of imprisonment, one or
2more of which is for a felony, will be served, the Department
3of Corrections shall treat the defendant as though he or she
4had been committed for a single term subject to each of the
5following:
6        (1) The maximum period of a term of imprisonment shall
7    consist of the aggregate of the maximums of the imposed
8    indeterminate terms, if any, plus the aggregate of the
9    imposed determinate sentences for felonies, plus the
10    aggregate of the imposed determinate sentences for
11    misdemeanors, subject to subsection (f) of this Section.
12        (2) The parole or mandatory supervised release term
13    shall be as provided in paragraph (e) of Section 5-4.5-50
14    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
15    involved.
16        (3) The minimum period of imprisonment shall be the
17    aggregate of the minimum and determinate periods of
18    imprisonment imposed by the court, subject to subsection
19    (f) of this Section.
20        (4) The defendant shall be awarded credit against the
21    aggregate maximum term and the aggregate minimum term of
22    imprisonment for all time served in an institution since
23    the commission of the offense or offenses and as a
24    consequence thereof at the rate specified in Section 3-6-3
25    (730 ILCS 5/3-6-3).
26(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;

 

 

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195-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
27-2-10; 96-1200, eff. 7-22-10.)
 
3    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
4    Sec. 5-9-1.7. Sexual assault fines.
5    (a) Definitions. The terms used in this Section shall have
6the following meanings ascribed to them:
7        (1) "Sexual assault" means the commission or attempted
8    commission of the following: sexual exploitation of a
9    child, criminal sexual assault, predatory criminal sexual
10    assault of a child, aggravated criminal sexual assault,
11    criminal sexual abuse, aggravated criminal sexual abuse,
12    indecent solicitation of a child, public indecency, sexual
13    relations within families, promoting juvenile
14    prostitution, soliciting for a juvenile prostitute,
15    keeping a place of juvenile prostitution, patronizing a
16    juvenile prostitute, juvenile pimping, exploitation of a
17    child, obscenity, child pornography, aggravated child
18    pornography, harmful material, or ritualized abuse of a
19    child, as those offenses are defined in the Criminal Code
20    of 1961.
21        (2) "Family member" shall have the meaning ascribed to
22    it in Section 12-12 of the Criminal Code of 1961.
23        (3) "Sexual assault organization" means any
24    not-for-profit organization providing comprehensive,
25    community-based services to victims of sexual assault.

 

 

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1    "Community-based services" include, but are not limited
2    to, direct crisis intervention through a 24-hour response,
3    medical and legal advocacy, counseling, information and
4    referral services, training, and community education.
5    (b) Sexual assault fine; collection by clerk.
6        (1) In addition to any other penalty imposed, a fine of
7    $200 shall be imposed upon any person who pleads guilty or
8    who is convicted of, or who receives a disposition of court
9    supervision for, a sexual assault or attempt of a sexual
10    assault. Upon request of the victim or the victim's
11    representative, the court shall determine whether the fine
12    will impose an undue burden on the victim of the offense.
13    For purposes of this paragraph, the defendant may not be
14    considered the victim's representative. If the court finds
15    that the fine would impose an undue burden on the victim,
16    the court may reduce or waive the fine. The court shall
17    order that the defendant may not use funds belonging solely
18    to the victim of the offense for payment of the fine.
19        (2) Sexual assault fines shall be assessed by the court
20    imposing the sentence and shall be collected by the circuit
21    clerk. The circuit clerk shall retain 10% of the penalty to
22    cover the costs involved in administering and enforcing
23    this Section. The circuit clerk shall remit the remainder
24    of each fine within one month of its receipt to the State
25    Treasurer for deposit as follows:
26            (i) for family member offenders, one-half to the

 

 

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1        Sexual Assault Services Fund, and one-half to the
2        Domestic Violence Shelter and Service Fund; and
3            (ii) for other than family member offenders, the
4        full amount to the Sexual Assault Services Fund.
5    (c) Sexual Assault Services Fund; administration. There is
6created a Sexual Assault Services Fund. Moneys deposited into
7the Fund under this Section shall be appropriated to the
8Department of Public Health. Upon appropriation of moneys from
9the Sexual Assault Services Fund, the Department of Public
10Health shall make grants of these moneys from the Fund to
11sexual assault organizations with whom the Department has
12contracts for the purpose of providing community-based
13services to victims of sexual assault. Grants made under this
14Section are in addition to, and are not substitutes for, other
15grants authorized and made by the Department.
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    Section 1070. The County Jail Good Behavior Allowance Act
18is amended by changing Section 3 as follows:
 
19    (730 ILCS 130/3)  (from Ch. 75, par. 32)
20    Sec. 3. The good behavior of any person who commences a
21sentence of confinement in a county jail for a fixed term of
22imprisonment after January 1, 1987 shall entitle such person to
23a good behavior allowance, except that: (1) a person who
24inflicted physical harm upon another person in committing the

 

 

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1offense for which he is confined shall receive no good behavior
2allowance; and (2) a person sentenced for an offense for which
3the law provides a mandatory minimum sentence shall not receive
4any portion of a good behavior allowance that would reduce the
5sentence below the mandatory minimum; and (3) a person
6sentenced to a county impact incarceration program; and (4) a
7person who is convicted of criminal sexual assault under
8subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of
9Section 12-13 of the Criminal Code of 1961, criminal sexual
10abuse, or aggravated criminal sexual abuse shall receive no
11good behavior allowance. The good behavior allowance provided
12for in this Section shall not apply to individuals sentenced
13for a felony to probation or conditional discharge where a
14condition of such probation or conditional discharge is that
15the individual serve a sentence of periodic imprisonment or to
16individuals sentenced under an order of court for civil
17contempt.
18    Such good behavior allowance shall be cumulative and
19awarded as provided in this Section.
20    The good behavior allowance rate shall be cumulative and
21awarded on the following basis:
22    The prisoner shall receive one day of good behavior
23allowance for each day of service of sentence in the county
24jail, and one day of good behavior allowance for each day of
25incarceration in the county jail before sentencing for the
26offense that he or she is currently serving sentence but was

 

 

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1unable to post bail before sentencing, except that a prisoner
2serving a sentence of periodic imprisonment under Section 5-7-1
3of the Unified Code of Corrections shall only be eligible to
4receive good behavior allowance if authorized by the sentencing
5judge. Each day of good behavior allowance shall reduce by one
6day the prisoner's period of incarceration set by the court.
7For the purpose of calculating a prisoner's good behavior
8allowance, a fractional part of a day shall not be calculated
9as a day of service of sentence in the county jail unless the
10fractional part of the day is over 12 hours in which case a
11whole day shall be credited on the good behavior allowance.
12    If consecutive sentences are served and the time served
13amounts to a total of one year or more, the good behavior
14allowance shall be calculated on a continuous basis throughout
15the entire time served beginning on the first date of sentence
16or incarceration, as the case may be.
17(Source: P.A. 91-117, eff. 7-15-99.)
 
18    Section 1075. The Sex Offender Registration Act is amended
19by changing Sections 2 and 3 as follows:
 
20    (730 ILCS 150/2)  (from Ch. 38, par. 222)
21    Sec. 2. Definitions.
22    (A) As used in this Article, "sex offender" means any
23person who is:
24        (1) charged pursuant to Illinois law, or any

 

 

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1    substantially similar federal, Uniform Code of Military
2    Justice, sister state, or foreign country law, with a sex
3    offense set forth in subsection (B) of this Section or the
4    attempt to commit an included sex offense, and:
5            (a) is convicted of such offense or an attempt to
6        commit such offense; or
7            (b) is found not guilty by reason of insanity of
8        such offense or an attempt to commit such offense; or
9            (c) is found not guilty by reason of insanity
10        pursuant to Section 104-25(c) of the Code of Criminal
11        Procedure of 1963 of such offense or an attempt to
12        commit such offense; or
13            (d) is the subject of a finding not resulting in an
14        acquittal at a hearing conducted pursuant to Section
15        104-25(a) of the Code of Criminal Procedure of 1963 for
16        the alleged commission or attempted commission of such
17        offense; or
18            (e) is found not guilty by reason of insanity
19        following a hearing conducted pursuant to a federal,
20        Uniform Code of Military Justice, sister state, or
21        foreign country law substantially similar to Section
22        104-25(c) of the Code of Criminal Procedure of 1963 of
23        such offense or of the attempted commission of such
24        offense; or
25            (f) is the subject of a finding not resulting in an
26        acquittal at a hearing conducted pursuant to a federal,

 

 

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1        Uniform Code of Military Justice, sister state, or
2        foreign country law substantially similar to Section
3        104-25(a) of the Code of Criminal Procedure of 1963 for
4        the alleged violation or attempted commission of such
5        offense; or
6        (2) certified as a sexually dangerous person pursuant
7    to the Illinois Sexually Dangerous Persons Act, or any
8    substantially similar federal, Uniform Code of Military
9    Justice, sister state, or foreign country law; or
10        (3) subject to the provisions of Section 2 of the
11    Interstate Agreements on Sexually Dangerous Persons Act;
12    or
13        (4) found to be a sexually violent person pursuant to
14    the Sexually Violent Persons Commitment Act or any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law; or
17        (5) adjudicated a juvenile delinquent as the result of
18    committing or attempting to commit an act which, if
19    committed by an adult, would constitute any of the offenses
20    specified in item (B), (C), or (C-5) of this Section or a
21    violation of any substantially similar federal, Uniform
22    Code of Military Justice, sister state, or foreign country
23    law, or found guilty under Article V of the Juvenile Court
24    Act of 1987 of committing or attempting to commit an act
25    which, if committed by an adult, would constitute any of
26    the offenses specified in item (B), (C), or (C-5) of this

 

 

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1    Section or a violation of any substantially similar
2    federal, Uniform Code of Military Justice, sister state, or
3    foreign country law.
4    Convictions that result from or are connected with the same
5act, or result from offenses committed at the same time, shall
6be counted for the purpose of this Article as one conviction.
7Any conviction set aside pursuant to law is not a conviction
8for purposes of this Article.
9     For purposes of this Section, "convicted" shall have the
10same meaning as "adjudicated".
11    (B) As used in this Article, "sex offense" means:
12        (1) A violation of any of the following Sections of the
13    Criminal Code of 1961:
14            11-20.1 (child pornography),
15            11-20.1B or 11-20.3 (aggravated child
16        pornography),
17            11-6 (indecent solicitation of a child),
18            11-9.1 (sexual exploitation of a child),
19            11-9.2 (custodial sexual misconduct),
20            11-9.5 (sexual misconduct with a person with a
21        disability),
22            11-14.4 (promoting juvenile prostitution),
23            11-15.1 (soliciting for a juvenile prostitute),
24            11-18.1 (patronizing a juvenile prostitute),
25            11-17.1 (keeping a place of juvenile
26        prostitution),

 

 

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1            11-19.1 (juvenile pimping),
2            11-19.2 (exploitation of a child),
3            11-25 (grooming),
4            11-26 (traveling to meet a minor),
5            11-1.20 or 12-13 (criminal sexual assault),
6            11-1.30 or 12-14 (aggravated criminal sexual
7        assault),
8            11-1.40 or 12-14.1 (predatory criminal sexual
9        assault of a child),
10            11-1.50 or 12-15 (criminal sexual abuse),
11            11-1.60 or 12-16 (aggravated criminal sexual
12        abuse),
13            12-33 (ritualized abuse of a child).
14            An attempt to commit any of these offenses.
15        (1.5) A violation of any of the following Sections of
16    the Criminal Code of 1961, when the victim is a person
17    under 18 years of age, the defendant is not a parent of the
18    victim, the offense was sexually motivated as defined in
19    Section 10 of the Sex Offender Management Board Act, and
20    the offense was committed on or after January 1, 1996:
21            10-1 (kidnapping),
22            10-2 (aggravated kidnapping),
23            10-3 (unlawful restraint),
24            10-3.1 (aggravated unlawful restraint).
25        (1.6) First degree murder under Section 9-1 of the
26    Criminal Code of 1961, when the victim was a person under

 

 

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1    18 years of age and the defendant was at least 17 years of
2    age at the time of the commission of the offense, provided
3    the offense was sexually motivated as defined in Section 10
4    of the Sex Offender Management Board Act.
5        (1.7) (Blank).
6        (1.8) A violation or attempted violation of Section
7    11-11 (sexual relations within families) of the Criminal
8    Code of 1961, and the offense was committed on or after
9    June 1, 1997.
10        (1.9) Child abduction under paragraph (10) of
11    subsection (b) of Section 10-5 of the Criminal Code of 1961
12    committed by luring or attempting to lure a child under the
13    age of 16 into a motor vehicle, building, house trailer, or
14    dwelling place without the consent of the parent or lawful
15    custodian of the child for other than a lawful purpose and
16    the offense was committed on or after January 1, 1998,
17    provided the offense was sexually motivated as defined in
18    Section 10 of the Sex Offender Management Board Act.
19        (1.10) A violation or attempted violation of any of the
20    following Sections of the Criminal Code of 1961 when the
21    offense was committed on or after July 1, 1999:
22            10-4 (forcible detention, if the victim is under 18
23        years of age), provided the offense was sexually
24        motivated as defined in Section 10 of the Sex Offender
25        Management Board Act,
26            11-6.5 (indecent solicitation of an adult),

 

 

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1            11-14.3 that involves soliciting for a prostitute,
2        or 11-15 (soliciting for a prostitute, if the victim is
3        under 18 years of age),
4            subdivision (a)(2)(A) or (a)(2)(B) of Section
5        11-14.3, or Section 11-16 (pandering, if the victim is
6        under 18 years of age),
7            11-18 (patronizing a prostitute, if the victim is
8        under 18 years of age),
9            subdivision (a)(2)(C) of Section 11-14.3, or
10        Section 11-19 (pimping, if the victim is under 18 years
11        of age).
12        (1.11) A violation or attempted violation of any of the
13    following Sections of the Criminal Code of 1961 when the
14    offense was committed on or after August 22, 2002:
15            11-9 or 11-30 (public indecency for a third or
16        subsequent conviction).
17        (1.12) A violation or attempted violation of Section
18    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
19    Criminal Code of 1961 (permitting sexual abuse) when the
20    offense was committed on or after August 22, 2002.
21        (2) A violation of any former law of this State
22    substantially equivalent to any offense listed in
23    subsection (B) of this Section.
24    (C) A conviction for an offense of federal law, Uniform
25Code of Military Justice, or the law of another state or a
26foreign country that is substantially equivalent to any offense

 

 

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1listed in subsections (B), (C), (E), and (E-5) of this Section
2shall constitute a conviction for the purpose of this Article.
3A finding or adjudication as a sexually dangerous person or a
4sexually violent person under any federal law, Uniform Code of
5Military Justice, or the law of another state or foreign
6country that is substantially equivalent to the Sexually
7Dangerous Persons Act or the Sexually Violent Persons
8Commitment Act shall constitute an adjudication for the
9purposes of this Article.
10    (C-5) A person at least 17 years of age at the time of the
11commission of the offense who is convicted of first degree
12murder under Section 9-1 of the Criminal Code of 1961, against
13a person under 18 years of age, shall be required to register
14for natural life. A conviction for an offense of federal,
15Uniform Code of Military Justice, sister state, or foreign
16country law that is substantially equivalent to any offense
17listed in subsection (C-5) of this Section shall constitute a
18conviction for the purpose of this Article. This subsection
19(C-5) applies to a person who committed the offense before June
201, 1996 only if the person is incarcerated in an Illinois
21Department of Corrections facility on August 20, 2004 (the
22effective date of Public Act 93-977).
23    (D) As used in this Article, "law enforcement agency having
24jurisdiction" means the Chief of Police in each of the
25municipalities in which the sex offender expects to reside,
26work, or attend school (1) upon his or her discharge, parole or

 

 

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1release or (2) during the service of his or her sentence of
2probation or conditional discharge, or the Sheriff of the
3county, in the event no Police Chief exists or if the offender
4intends to reside, work, or attend school in an unincorporated
5area. "Law enforcement agency having jurisdiction" includes
6the location where out-of-state students attend school and
7where out-of-state employees are employed or are otherwise
8required to register.
9    (D-1) As used in this Article, "supervising officer" means
10the assigned Illinois Department of Corrections parole agent or
11county probation officer.
12    (E) As used in this Article, "sexual predator" means any
13person who, after July 1, 1999, is:
14        (1) Convicted for an offense of federal, Uniform Code
15    of Military Justice, sister state, or foreign country law
16    that is substantially equivalent to any offense listed in
17    subsection (E) or (E-5) of this Section shall constitute a
18    conviction for the purpose of this Article. Convicted of a
19    violation or attempted violation of any of the following
20    Sections of the Criminal Code of 1961, if the conviction
21    occurred after July 1, 1999:
22            11-14.4 that involves keeping a place of juvenile
23        prostitution, or 11-17.1 (keeping a place of juvenile
24        prostitution),
25            subdivision (a)(2) or (a)(3) of Section 11-14.4,
26        or Section 11-19.1 (juvenile pimping),

 

 

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1            subdivision (a)(4) of Section 11-14.4, or Section
2        11-19.2 (exploitation of a child),
3            11-20.1 (child pornography),
4            11-20.1B or 11-20.3 (aggravated child
5        pornography),
6            11-1.20 or 12-13 (criminal sexual assault),
7            11-1.30 or 12-14 (aggravated criminal sexual
8        assault),
9            11-1.40 or 12-14.1 (predatory criminal sexual
10        assault of a child),
11            11-1.60 or 12-16 (aggravated criminal sexual
12        abuse),
13            12-33 (ritualized abuse of a child);
14        (2) (blank);
15        (3) certified as a sexually dangerous person pursuant
16    to the Sexually Dangerous Persons Act or any substantially
17    similar federal, Uniform Code of Military Justice, sister
18    state, or foreign country law;
19        (4) found to be a sexually violent person pursuant to
20    the Sexually Violent Persons Commitment Act or any
21    substantially similar federal, Uniform Code of Military
22    Justice, sister state, or foreign country law;
23        (5) convicted of a second or subsequent offense which
24    requires registration pursuant to this Act. The conviction
25    for the second or subsequent offense must have occurred
26    after July 1, 1999. For purposes of this paragraph (5),

 

 

SB1310 Engrossed- 951 -LRB096 09456 RLC 19613 b

1    "convicted" shall include a conviction under any
2    substantially similar Illinois, federal, Uniform Code of
3    Military Justice, sister state, or foreign country law; or
4        (6) convicted of a second or subsequent offense of
5    luring a minor under Section 10-5.1 of the Criminal Code of
6    1961.
7    (E-5) As used in this Article, "sexual predator" also means
8a person convicted of a violation or attempted violation of any
9of the following Sections of the Criminal Code of 1961:
10        (1) Section 9-1 (first degree murder, when the victim
11    was a person under 18 years of age and the defendant was at
12    least 17 years of age at the time of the commission of the
13    offense, provided the offense was sexually motivated as
14    defined in Section 10 of the Sex Offender Management Board
15    Act);
16        (2) Section 11-9.5 (sexual misconduct with a person
17    with a disability);
18        (3) when the victim is a person under 18 years of age,
19    the defendant is not a parent of the victim, the offense
20    was sexually motivated as defined in Section 10 of the Sex
21    Offender Management Board Act, and the offense was
22    committed on or after January 1, 1996: (A) Section 10-1
23    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
24    (C) Section 10-3 (unlawful restraint), and (D) Section
25    10-3.1 (aggravated unlawful restraint); and
26        (4) Section 10-5(b)(10) (child abduction committed by

 

 

SB1310 Engrossed- 952 -LRB096 09456 RLC 19613 b

1    luring or attempting to lure a child under the age of 16
2    into a motor vehicle, building, house trailer, or dwelling
3    place without the consent of the parent or lawful custodian
4    of the child for other than a lawful purpose and the
5    offense was committed on or after January 1, 1998, provided
6    the offense was sexually motivated as defined in Section 10
7    of the Sex Offender Management Board Act).
8    (F) As used in this Article, "out-of-state student" means
9any sex offender, as defined in this Section, or sexual
10predator who is enrolled in Illinois, on a full-time or
11part-time basis, in any public or private educational
12institution, including, but not limited to, any secondary
13school, trade or professional institution, or institution of
14higher learning.
15    (G) As used in this Article, "out-of-state employee" means
16any sex offender, as defined in this Section, or sexual
17predator who works in Illinois, regardless of whether the
18individual receives payment for services performed, for a
19period of time of 10 or more days or for an aggregate period of
20time of 30 or more days during any calendar year. Persons who
21operate motor vehicles in the State accrue one day of
22employment time for any portion of a day spent in Illinois.
23    (H) As used in this Article, "school" means any public or
24private educational institution, including, but not limited
25to, any elementary or secondary school, trade or professional
26institution, or institution of higher education.

 

 

SB1310 Engrossed- 953 -LRB096 09456 RLC 19613 b

1    (I) As used in this Article, "fixed residence" means any
2and all places that a sex offender resides for an aggregate
3period of time of 5 or more days in a calendar year.
4    (J) As used in this Article, "Internet protocol address"
5means the string of numbers by which a location on the Internet
6is identified by routers or other computers connected to the
7Internet.
8(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
995-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
108-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
11    (730 ILCS 150/3)
12    Sec. 3. Duty to register.
13    (a) A sex offender, as defined in Section 2 of this Act, or
14sexual predator shall, within the time period prescribed in
15subsections (b) and (c), register in person and provide
16accurate information as required by the Department of State
17Police. Such information shall include a current photograph,
18current address, current place of employment, the sex
19offender's or sexual predator's telephone number, including
20cellular telephone number, the employer's telephone number,
21school attended, all e-mail addresses, instant messaging
22identities, chat room identities, and other Internet
23communications identities that the sex offender uses or plans
24to use, all Uniform Resource Locators (URLs) registered or used
25by the sex offender, all blogs and other Internet sites

 

 

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1maintained by the sex offender or to which the sex offender has
2uploaded any content or posted any messages or information,
3extensions of the time period for registering as provided in
4this Article and, if an extension was granted, the reason why
5the extension was granted and the date the sex offender was
6notified of the extension. The information shall also include a
7copy of the terms and conditions of parole or release signed by
8the sex offender and given to the sex offender by his or her
9supervising officer, the county of conviction, license plate
10numbers for every vehicle registered in the name of the sex
11offender, the age of the sex offender at the time of the
12commission of the offense, the age of the victim at the time of
13the commission of the offense, and any distinguishing marks
14located on the body of the sex offender. A sex offender
15convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1611-21 of the Criminal Code of 1961 shall provide all Internet
17protocol (IP) addresses in his or her residence, registered in
18his or her name, accessible at his or her place of employment,
19or otherwise under his or her control or custody. If the sex
20offender is a child sex offender as defined in Section 11-9.3
21or 11-9.4 of the Criminal Code of 1961, the sex offender shall
22report to the registering agency whether he or she is living in
23a household with a child under 18 years of age who is not his or
24her own child, provided that his or her own child is not the
25victim of the sex offense. The sex offender or sexual predator
26shall register:

 

 

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1        (1) with the chief of police in the municipality in
2    which he or she resides or is temporarily domiciled for a
3    period of time of 3 or more days, unless the municipality
4    is the City of Chicago, in which case he or she shall
5    register at the Chicago Police Department Headquarters; or
6        (2) with the sheriff in the county in which he or she
7    resides or is temporarily domiciled for a period of time of
8    3 or more days in an unincorporated area or, if
9    incorporated, no police chief exists.
10    If the sex offender or sexual predator is employed at or
11attends an institution of higher education, he or she shall
12register:
13        (i) with the chief of police in the municipality in
14    which he or she is employed at or attends an institution of
15    higher education, unless the municipality is the City of
16    Chicago, in which case he or she shall register at the
17    Chicago Police Department Headquarters; or
18        (ii) with the sheriff in the county in which he or she
19    is employed or attends an institution of higher education
20    located in an unincorporated area, or if incorporated, no
21    police chief exists.
22    For purposes of this Article, the place of residence or
23temporary domicile is defined as any and all places where the
24sex offender resides for an aggregate period of time of 3 or
25more days during any calendar year. Any person required to
26register under this Article who lacks a fixed address or

 

 

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1temporary domicile must notify, in person, the agency of
2jurisdiction of his or her last known address within 3 days
3after ceasing to have a fixed residence.
4    A sex offender or sexual predator who is temporarily absent
5from his or her current address of registration for 3 or more
6days shall notify the law enforcement agency having
7jurisdiction of his or her current registration, including the
8itinerary for travel, in the manner provided in Section 6 of
9this Act for notification to the law enforcement agency having
10jurisdiction of change of address.
11    Any person who lacks a fixed residence must report weekly,
12in person, with the sheriff's office of the county in which he
13or she is located in an unincorporated area, or with the chief
14of police in the municipality in which he or she is located.
15The agency of jurisdiction will document each weekly
16registration to include all the locations where the person has
17stayed during the past 7 days.
18    The sex offender or sexual predator shall provide accurate
19information as required by the Department of State Police. That
20information shall include the sex offender's or sexual
21predator's current place of employment.
22    (a-5) An out-of-state student or out-of-state employee
23shall, within 3 days after beginning school or employment in
24this State, register in person and provide accurate information
25as required by the Department of State Police. Such information
26will include current place of employment, school attended, and

 

 

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1address in state of residence. A sex offender convicted under
2Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
3Criminal Code of 1961 shall provide all Internet protocol (IP)
4addresses in his or her residence, registered in his or her
5name, accessible at his or her place of employment, or
6otherwise under his or her control or custody. The out-of-state
7student or out-of-state employee shall register:
8        (1) with the chief of police in the municipality in
9    which he or she attends school or is employed for a period
10    of time of 5 or more days or for an aggregate period of
11    time of more than 30 days during any calendar year, unless
12    the municipality is the City of Chicago, in which case he
13    or she shall register at the Chicago Police Department
14    Headquarters; or
15        (2) with the sheriff in the county in which he or she
16    attends school or is employed for a period of time of 5 or
17    more days or for an aggregate period of time of more than
18    30 days during any calendar year in an unincorporated area
19    or, if incorporated, no police chief exists.
20    The out-of-state student or out-of-state employee shall
21provide accurate information as required by the Department of
22State Police. That information shall include the out-of-state
23student's current place of school attendance or the
24out-of-state employee's current place of employment.
25    (a-10) Any law enforcement agency registering sex
26offenders or sexual predators in accordance with subsections

 

 

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1(a) or (a-5) of this Section shall forward to the Attorney
2General a copy of sex offender registration forms from persons
3convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961, including periodic and
5annual registrations under Section 6 of this Act.
6    (b) Any sex offender, as defined in Section 2 of this Act,
7or sexual predator, regardless of any initial, prior, or other
8registration, shall, within 3 days of beginning school, or
9establishing a residence, place of employment, or temporary
10domicile in any county, register in person as set forth in
11subsection (a) or (a-5).
12    (c) The registration for any person required to register
13under this Article shall be as follows:
14        (1) Any person registered under the Habitual Child Sex
15    Offender Registration Act or the Child Sex Offender
16    Registration Act prior to January 1, 1996, shall be deemed
17    initially registered as of January 1, 1996; however, this
18    shall not be construed to extend the duration of
19    registration set forth in Section 7.
20        (2) Except as provided in subsection (c)(4), any person
21    convicted or adjudicated prior to January 1, 1996, whose
22    liability for registration under Section 7 has not expired,
23    shall register in person prior to January 31, 1996.
24        (2.5) Except as provided in subsection (c)(4), any
25    person who has not been notified of his or her
26    responsibility to register shall be notified by a criminal

 

 

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1    justice entity of his or her responsibility to register.
2    Upon notification the person must then register within 3
3    days of notification of his or her requirement to register.
4    If notification is not made within the offender's 10 year
5    registration requirement, and the Department of State
6    Police determines no evidence exists or indicates the
7    offender attempted to avoid registration, the offender
8    will no longer be required to register under this Act.
9        (3) Except as provided in subsection (c)(4), any person
10    convicted on or after January 1, 1996, shall register in
11    person within 3 days after the entry of the sentencing
12    order based upon his or her conviction.
13        (4) Any person unable to comply with the registration
14    requirements of this Article because he or she is confined,
15    institutionalized, or imprisoned in Illinois on or after
16    January 1, 1996, shall register in person within 3 days of
17    discharge, parole or release.
18        (5) The person shall provide positive identification
19    and documentation that substantiates proof of residence at
20    the registering address.
21        (6) The person shall pay a $100 initial registration
22    fee and a $100 annual renewal fee. The fees shall be used
23    by the registering agency for official purposes. The agency
24    shall establish procedures to document receipt and use of
25    the funds. The law enforcement agency having jurisdiction
26    may waive the registration fee if it determines that the

 

 

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1    person is indigent and unable to pay the registration fee.
2    Thirty dollars for the initial registration fee and $30 of
3    the annual renewal fee shall be used by the registering
4    agency for official purposes. Ten dollars of the initial
5    registration fee and $10 of the annual fee shall be
6    deposited into the Sex Offender Management Board Fund under
7    Section 19 of the Sex Offender Management Board Act. Money
8    deposited into the Sex Offender Management Board Fund shall
9    be administered by the Sex Offender Management Board and
10    shall be used to fund practices endorsed or required by the
11    Sex Offender Management Board Act including but not limited
12    to sex offenders evaluation, treatment, or monitoring
13    programs that are or may be developed, as well as for
14    administrative costs, including staff, incurred by the
15    Board. Thirty dollars of the initial registration fee and
16    $30 of the annual renewal fee shall be deposited into the
17    Sex Offender Registration Fund and shall be used by the
18    Department of State Police to maintain and update the
19    Illinois State Police Sex Offender Registry. Thirty
20    dollars of the initial registration fee and $30 of the
21    annual renewal fee shall be deposited into the Attorney
22    General Sex Offender Awareness, Training, and Education
23    Fund. Moneys deposited into the Fund shall be used by the
24    Attorney General to administer the I-SORT program and to
25    alert and educate the public, victims, and witnesses of
26    their rights under various victim notification laws and for

 

 

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1    training law enforcement agencies, State's Attorneys, and
2    medical providers of their legal duties concerning the
3    prosecution and investigation of sex offenses.
4    (d) Within 3 days after obtaining or changing employment
5and, if employed on January 1, 2000, within 5 days after that
6date, a person required to register under this Section must
7report, in person to the law enforcement agency having
8jurisdiction, the business name and address where he or she is
9employed. If the person has multiple businesses or work
10locations, every business and work location must be reported to
11the law enforcement agency having jurisdiction.
12(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
1395-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
148-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
15eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
16revised 9-2-10.)
 
17    Section 1080. The Secure Residential Youth Care Facility
18Licensing Act is amended by changing Section 45-30 as follows:
 
19    (730 ILCS 175/45-30)
20    Sec. 45-30. License or employment eligibility.
21    (a) No applicant may receive a license from the Department
22and no person may be employed by a licensed facility who
23refuses to authorize an investigation as required by Section
2445-25.

 

 

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1    (b) No applicant may receive a license from the Department
2and no person may be employed by a secure residential youth
3care facility licensed by the Department who has been declared
4a sexually dangerous person under the Sexually Dangerous
5Persons Act or convicted of committing or attempting to commit
6any of the following offenses under the Criminal Code of 1961:
7        (1) First degree murder.
8        (2) A sex offense under Article 11, except offenses
9    described in Sections 11-7, 11-8, 11-12, 11-13, and 11-18,
10    11-35, 11-40, and 11-45.
11        (3) Kidnapping.
12        (4) Aggravated kidnapping.
13        (5) Child abduction.
14        (6) Aggravated battery of a child.
15        (7) Criminal sexual assault.
16        (8) Aggravated criminal sexual assault.
17        (8.1) Predatory criminal sexual assault of a child.
18        (9) Criminal sexual abuse.
19        (10) Aggravated criminal sexual abuse.
20        (11) A federal offense or an offense in any other state
21    the elements of which are similar to any of the foregoing
22    offenses.
23(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
2489-462, eff. 5-29-96.)
 
25    Section 1085. The Code of Civil Procedure is amended by

 

 

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1changing Sections 8-802.1, 13-202.2, and 13-202.3 as follows:
 
2    (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)
3    Sec. 8-802.1. Confidentiality of Statements Made to Rape
4Crisis Personnel.
5    (a) Purpose. This Section is intended to protect victims of
6rape from public disclosure of statements they make in
7confidence to counselors of organizations established to help
8them. On or after July 1, 1984, "rape" means an act of forced
9sexual penetration or sexual conduct, as defined in Section
1011-0.1 12-12 of the Criminal Code of 1961, as amended,
11including acts prohibited under Sections 11-1.20 through
1211-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, as
13amended. Because of the fear and stigma that often results from
14those crimes, many victims hesitate to seek help even where it
15is available at no cost to them. As a result they not only fail
16to receive needed medical care and emergency counseling, but
17may lack the psychological support necessary to report the
18crime and aid police in preventing future crimes.
19    (b) Definitions. As used in this Act:
20        (1) "Rape crisis organization" means any organization
21    or association the major purpose of which is providing
22    information, counseling, and psychological support to
23    victims of any or all of the crimes of aggravated criminal
24    sexual assault, predatory criminal sexual assault of a
25    child, criminal sexual assault, sexual relations between

 

 

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1    siblings, criminal sexual abuse and aggravated criminal
2    sexual abuse.
3        (2) "Rape crisis counselor" means a person who is a
4    psychologist, social worker, employee, or volunteer in any
5    organization or association defined as a rape crisis
6    organization under this Section, who has undergone 40 hours
7    of training and is under the control of a direct services
8    supervisor of a rape crisis organization.
9        (3) "Victim" means a person who is the subject of, or
10    who seeks information, counseling, or advocacy services as
11    a result of an aggravated criminal sexual assault,
12    predatory criminal sexual assault of a child, criminal
13    sexual assault, sexual relations within families, criminal
14    sexual abuse, aggravated criminal sexual abuse, sexual
15    exploitation of a child, indecent solicitation of a child,
16    public indecency, exploitation of a child, promoting
17    juvenile prostitution as described in subdivision (a)(4)
18    of Section 11-14.4, or an attempt to commit any of these
19    offenses.
20        (4) "Confidential communication" means any
21    communication between a victim and a rape crisis counselor
22    in the course of providing information, counseling, and
23    advocacy. The term includes all records kept by the
24    counselor or by the organization in the course of providing
25    services to an alleged victim concerning the alleged victim
26    and the services provided.

 

 

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1    (c) Waiver of privilege.
2        (1) The confidential nature of the communication is not
3    waived by: the presence of a third person who further
4    expresses the interests of the victim at the time of the
5    communication; group counseling; or disclosure to a third
6    person with the consent of the victim when reasonably
7    necessary to accomplish the purpose for which the counselor
8    is consulted.
9        (2) The confidential nature of counseling records is
10    not waived when: the victim inspects the records; or in the
11    case of a minor child less than 12 years of age, a parent
12    or guardian whose interests are not adverse to the minor
13    inspects the records; or in the case of a minor victim 12
14    years or older, a parent or guardian whose interests are
15    not adverse to the minor inspects the records with the
16    victim's consent, or in the case of an adult who has a
17    guardian of his or her person, the guardian inspects the
18    records with the victim's consent.
19        (3) When a victim is deceased, the executor or
20    administrator of the victim's estate may waive the
21    privilege established by this Section, unless the executor
22    or administrator has an interest adverse to the victim.
23        (4) A minor victim 12 years of age or older may
24    knowingly waive the privilege established in this Section.
25    When a minor is, in the opinion of the Court, incapable of
26    knowingly waiving the privilege, the parent or guardian of

 

 

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1    the minor may waive the privilege on behalf of the minor,
2    unless the parent or guardian has been charged with a
3    violent crime against the victim or otherwise has any
4    interest adverse to that of the minor with respect to the
5    waiver of the privilege.
6        (5) An adult victim who has a guardian of his or her
7    person may knowingly waive the privilege established in
8    this Section. When the victim is, in the opinion of the
9    court, incapable of knowingly waiving the privilege, the
10    guardian of the adult victim may waive the privilege on
11    behalf of the victim, unless the guardian has been charged
12    with a violent crime against the victim or otherwise has
13    any interest adverse to the victim with respect to the
14    privilege.
15    (d) Confidentiality. Except as provided in this Act, no
16rape crisis counselor shall disclose any confidential
17communication or be examined as a witness in any civil or
18criminal proceeding as to any confidential communication
19without the written consent of the victim or a representative
20of the victim as provided in subparagraph (c).
21    (e) A rape crisis counselor may disclose a confidential
22communication without the consent of the victim if failure to
23disclose is likely to result in a clear, imminent risk of
24serious physical injury or death of the victim or another
25person. Any rape crisis counselor or rape crisis organization
26participating in good faith in the disclosing of records and

 

 

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1communications under this Act shall have immunity from any
2liability, civil, criminal, or otherwise that might result from
3the action. In any proceeding, civil or criminal, arising out
4of a disclosure under this Section, the good faith of any rape
5crisis counselor or rape crisis organization who disclosed the
6confidential communication shall be presumed.
7    (f) Any rape crisis counselor who knowingly discloses any
8confidential communication in violation of this Act commits a
9Class C misdemeanor.
10(Source: P.A. 96-1010, eff. 1-1-11.)
 
11    (735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)
12    Sec. 13-202.2. Childhood sexual abuse.
13    (a) In this Section:
14    "Childhood sexual abuse" means an act of sexual abuse that
15occurs when the person abused is under 18 years of age.
16    "Sexual abuse" includes but is not limited to sexual
17conduct and sexual penetration as defined in Section 11-0.1
1812-12 of the Criminal Code of 1961.
19    (b) Notwithstanding any other provision of law, an action
20for damages for personal injury based on childhood sexual abuse
21must be commenced within 20 years of the date the limitation
22period begins to run under subsection (d) or within 20 years of
23the date the person abused discovers or through the use of
24reasonable diligence should discover both (i) that the act of
25childhood sexual abuse occurred and (ii) that the injury was

 

 

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1caused by the childhood sexual abuse. The fact that the person
2abused discovers or through the use of reasonable diligence
3should discover that the act of childhood sexual abuse occurred
4is not, by itself, sufficient to start the discovery period
5under this subsection (b). Knowledge of the abuse does not
6constitute discovery of the injury or the causal relationship
7between any later-discovered injury and the abuse.
8    (c) If the injury is caused by 2 or more acts of childhood
9sexual abuse that are part of a continuing series of acts of
10childhood sexual abuse by the same abuser, then the discovery
11period under subsection (b) shall be computed from the date the
12person abused discovers or through the use of reasonable
13diligence should discover both (i) that the last act of
14childhood sexual abuse in the continuing series occurred and
15(ii) that the injury was caused by any act of childhood sexual
16abuse in the continuing series. The fact that the person abused
17discovers or through the use of reasonable diligence should
18discover that the last act of childhood sexual abuse in the
19continuing series occurred is not, by itself, sufficient to
20start the discovery period under subsection (b). Knowledge of
21the abuse does not constitute discovery of the injury or the
22causal relationship between any later-discovered injury and
23the abuse.
24    (d) The limitation periods under subsection (b) do not
25begin to run before the person abused attains the age of 18
26years; and, if at the time the person abused attains the age of

 

 

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118 years he or she is under other legal disability, the
2limitation periods under subsection (b) do not begin to run
3until the removal of the disability.
4    (d-1) The limitation periods in subsection (b) do not run
5during a time period when the person abused is subject to
6threats, intimidation, manipulation, or fraud perpetrated by
7the abuser or by any person acting in the interest of the
8abuser.
9    (e) This Section applies to actions pending on the
10effective date of this amendatory Act of 1990 as well as to
11actions commenced on or after that date. The changes made by
12this amendatory Act of 1993 shall apply only to actions
13commenced on or after the effective date of this amendatory Act
14of 1993. The changes made by this amendatory Act of the 93rd
15General Assembly apply to actions pending on the effective date
16of this amendatory Act of the 93rd General Assembly as well as
17actions commenced on or after that date. The changes made by
18this amendatory Act of the 96th General Assembly apply to
19actions commenced on or after the effective date of this
20amendatory Act of the 96th General Assembly if the action would
21not have been time barred under any statute of limitations or
22statute of repose prior to the effective date of this
23amendatory Act of the 96th General Assembly.
24(Source: P.A. 96-1093, eff. 1-1-11.)
 
25    (735 ILCS 5/13-202.3)

 

 

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1    Sec. 13-202.3. For an action arising out of an injury
2caused by "sexual conduct" or "sexual penetration" as defined
3in Section 11-0.1 12-12 of the Criminal Code of 1961, the
4limitation period in Section 13-202 does not run during a time
5period when the person injured is subject to threats,
6intimidation, manipulation, or fraud perpetrated by the
7perpetrator or by a person the perpetrator knew or should have
8known was acting in the interest of the perpetrator. This
9Section applies to causes of action arising on or after the
10effective date of this amendatory Act of the 95th General
11Assembly or to causes of action for which the limitation period
12has not yet expired.
13(Source: P.A. 95-589, eff. 1-1-08.)
 
14    Section 1090. The Crime Victims Compensation Act is amended
15by changing Sections 2, 6.1, and 14.1 as follows:
 
16    (740 ILCS 45/2)  (from Ch. 70, par. 72)
17    Sec. 2. Definitions. As used in this Act, unless the
18context otherwise requires:
19    (a) "Applicant" means any person who applies for
20compensation under this Act or any person the Court of Claims
21finds is entitled to compensation, including the guardian of a
22minor or of a person under legal disability. It includes any
23person who was a dependent of a deceased victim of a crime of
24violence for his or her support at the time of the death of

 

 

SB1310 Engrossed- 971 -LRB096 09456 RLC 19613 b

1that victim.
2    (b) "Court of Claims" means the Court of Claims created by
3the Court of Claims Act.
4    (c) "Crime of violence" means and includes any offense
5defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20,
611-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1,
711-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4,
812-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
912-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
10or subdivision (a)(4) of Section 11-14.4, of the Criminal Code
11of 1961, Sections 1(a) and 1(a-5) of the Cemetery Protection
12Act, driving under the influence of intoxicating liquor or
13narcotic drugs as defined in Section 11-501 of the Illinois
14Vehicle Code, and a violation of Section 11-401 of the Illinois
15Vehicle Code, provided the victim was a pedestrian or was
16operating a vehicle moved solely by human power or a mobility
17device at the time of contact; so long as the offense did not
18occur during a civil riot, insurrection or rebellion. "Crime of
19violence" does not include any other offense or accident
20involving a motor vehicle except those vehicle offenses
21specifically provided for in this paragraph. "Crime of
22violence" does include all of the offenses specifically
23provided for in this paragraph that occur within this State but
24are subject to federal jurisdiction and crimes involving
25terrorism as defined in 18 U.S.C. 2331.
26    (d) "Victim" means (1) a person killed or injured in this

 

 

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1State as a result of a crime of violence perpetrated or
2attempted against him or her, (2) the parent of a person killed
3or injured in this State as a result of a crime of violence
4perpetrated or attempted against the person, (3) a person
5killed or injured in this State while attempting to assist a
6person against whom a crime of violence is being perpetrated or
7attempted, if that attempt of assistance would be expected of a
8reasonable person under the circumstances, (4) a person killed
9or injured in this State while assisting a law enforcement
10official apprehend a person who has perpetrated a crime of
11violence or prevent the perpetration of any such crime if that
12assistance was in response to the express request of the law
13enforcement official, (5) a person who personally witnessed a
14violent crime, (5.1) solely for the purpose of compensating for
15pecuniary loss incurred for psychological treatment of a mental
16or emotional condition caused or aggravated by the crime, any
17other person under the age of 18 who is the brother, sister,
18half brother, half sister, child, or stepchild of a person
19killed or injured in this State as a result of a crime of
20violence, (6) an Illinois resident who is a victim of a "crime
21of violence" as defined in this Act except, if the crime
22occurred outside this State, the resident has the same rights
23under this Act as if the crime had occurred in this State upon
24a showing that the state, territory, country, or political
25subdivision of a country in which the crime occurred does not
26have a compensation of victims of crimes law for which that

 

 

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1Illinois resident is eligible, (7) a deceased person whose body
2is dismembered or whose remains are desecrated as the result of
3a crime of violence, or (8) solely for the purpose of
4compensating for pecuniary loss incurred for psychological
5treatment of a mental or emotional condition caused or
6aggravated by the crime, any parent, spouse, or child under the
7age of 18 of a deceased person whose body is dismembered or
8whose remains are desecrated as the result of a crime of
9violence.
10    (e) "Dependent" means a relative of a deceased victim who
11was wholly or partially dependent upon the victim's income at
12the time of his or her death and shall include the child of a
13victim born after his or her death.
14    (f) "Relative" means a spouse, parent, grandparent,
15stepfather, stepmother, child, grandchild, brother,
16brother-in-law, sister, sister-in-law, half brother, half
17sister, spouse's parent, nephew, niece, uncle or aunt.
18    (g) "Child" means an unmarried son or daughter who is under
1918 years of age and includes a stepchild, an adopted child or a
20child born out of wedlock.
21    (h) "Pecuniary loss" means, in the case of injury,
22appropriate medical expenses and hospital expenses including
23expenses of medical examinations, rehabilitation, medically
24required nursing care expenses, appropriate psychiatric care
25or psychiatric counseling expenses, expenses for care or
26counseling by a licensed clinical psychologist, licensed

 

 

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1clinical social worker, or licensed clinical professional
2counselor and expenses for treatment by Christian Science
3practitioners and nursing care appropriate thereto;
4transportation expenses to and from medical and treatment
5facilities; prosthetic appliances, eyeglasses, and hearing
6aids necessary or damaged as a result of the crime; replacement
7costs for clothing and bedding used as evidence; costs
8associated with temporary lodging or relocation necessary as a
9result of the crime, including, but not limited to, the first
10month's rent and security deposit of the dwelling that the
11claimant relocated to and other reasonable relocation expenses
12incurred as a result of the violent crime; locks or windows
13necessary or damaged as a result of the crime; the purchase,
14lease, or rental of equipment necessary to create usability of
15and accessibility to the victim's real and personal property,
16or the real and personal property which is used by the victim,
17necessary as a result of the crime; the costs of appropriate
18crime scene clean-up; replacement services loss, to a maximum
19of $1000 per month; dependents replacement services loss, to a
20maximum of $1000 per month; loss of tuition paid to attend
21grammar school or high school when the victim had been enrolled
22as a student prior to the injury, or college or graduate school
23when the victim had been enrolled as a day or night student
24prior to the injury when the victim becomes unable to continue
25attendance at school as a result of the crime of violence
26perpetrated against him or her; loss of earnings, loss of

 

 

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1future earnings because of disability resulting from the
2injury, and, in addition, in the case of death, expenses for
3funeral, burial, and travel and transport for survivors of
4homicide victims to secure bodies of deceased victims and to
5transport bodies for burial all of which may not exceed a
6maximum of $5,000 and loss of support of the dependents of the
7victim; in the case of dismemberment or desecration of a body,
8expenses for funeral and burial, all of which may not exceed a
9maximum of $5,000. Loss of future earnings shall be reduced by
10any income from substitute work actually performed by the
11victim or by income he or she would have earned in available
12appropriate substitute work he or she was capable of performing
13but unreasonably failed to undertake. Loss of earnings, loss of
14future earnings and loss of support shall be determined on the
15basis of the victim's average net monthly earnings for the 6
16months immediately preceding the date of the injury or on $1000
17per month, whichever is less. If a divorced or legally
18separated applicant is claiming loss of support for a minor
19child of the deceased, the amount of support for each child
20shall be based either on the amount of support pursuant to the
21judgment prior to the date of the deceased victim's injury or
22death, or, if the subject of pending litigation filed by or on
23behalf of the divorced or legally separated applicant prior to
24the injury or death, on the result of that litigation. Real and
25personal property includes, but is not limited to, vehicles,
26houses, apartments, town houses, or condominiums. Pecuniary

 

 

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1loss does not include pain and suffering or property loss or
2damage.
3    (i) "Replacement services loss" means expenses reasonably
4incurred in obtaining ordinary and necessary services in lieu
5of those the injured person would have performed, not for
6income, but for the benefit of himself or herself or his or her
7family, if he or she had not been injured.
8    (j) "Dependents replacement services loss" means loss
9reasonably incurred by dependents or private legal guardians of
10minor dependents after a victim's death in obtaining ordinary
11and necessary services in lieu of those the victim would have
12performed, not for income, but for their benefit, if he or she
13had not been fatally injured.
14    (k) "Survivor" means immediate family including a parent,
15step-father, step-mother, child, brother, sister, or spouse.
16(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
 
17    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
18    Sec. 6.1. Right to compensation. A person is entitled to
19compensation under this Act if:
20        (a) Within 2 years of the occurrence of the crime, or
21    within one year after a criminal indictment of a person for
22    an offense, upon which the claim is based, he files an
23    application, under oath, with the Court of Claims and on a
24    form prescribed in accordance with Section 7.1 furnished by
25    the Attorney General. If the person entitled to

 

 

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1    compensation is under 18 years of age or under other legal
2    disability at the time of the occurrence or becomes legally
3    disabled as a result of the occurrence, he may file the
4    application required by this subsection within 2 years
5    after he attains the age of 18 years or the disability is
6    removed, as the case may be. Legal disability includes a
7    diagnosis of posttraumatic stress disorder.
8        (b) For all crimes of violence, except those listed in
9    subsection (b-1) of this Section, the appropriate law
10    enforcement officials were notified within 72 hours of the
11    perpetration of the crime allegedly causing the death or
12    injury to the victim or, in the event such notification was
13    made more than 72 hours after the perpetration of the
14    crime, the applicant establishes that such notice was
15    timely under the circumstances.
16        (b-1) For victims of offenses defined in Sections
17    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
18    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, the
19    appropriate law enforcement officials were notified within
20    7 days of the perpetration of the crime allegedly causing
21    death or injury to the victim or, in the event that the
22    notification was made more than 7 days after the
23    perpetration of the crime, the applicant establishes that
24    the notice was timely under the circumstances. If the
25    applicant has obtained an order of protection or a civil no
26    contact order or has presented himself or herself to a

 

 

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1    hospital for sexual assault evidence collection and
2    medical care, such action shall constitute appropriate
3    notification under this subsection (b-1) or subsection (b)
4    of this Section.
5        (c) The applicant has cooperated with law enforcement
6    officials in the apprehension and prosecution of the
7    assailant. If the applicant has obtained an order of
8    protection or a civil no contact order or has presented
9    himself or herself to a hospital for sexual assault
10    evidence collection and medical care, such action shall
11    constitute cooperation under this subsection (c).
12        (d) The applicant is not the offender or an accomplice
13    of the offender and the award would not unjustly benefit
14    the offender or his accomplice.
15        (e) The injury to or death of the victim was not
16    substantially attributable to his own wrongful act and was
17    not substantially provoked by the victim.
18(Source: P.A. 94-192, eff. 1-1-06; 95-250, eff. 1-1-08; 95-331,
19eff. 8-21-07.)
 
20    (740 ILCS 45/14.1)  (from Ch. 70, par. 84.1)
21    Sec. 14.1. (a) Hearings shall be open to the public unless
22the Court of Claims determines that a closed hearing should be
23held because:
24        (1) the alleged assailant has not been brought to trial
25    and a public hearing would adversely affect either his

 

 

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1    apprehension or his trial;
2        (2) the offense allegedly perpetrated against the
3    victim is one defined in Section 11-1.20, 11-1.30, 11-1.40,
4    12-13, 12-14, or 12-14.1 of the Criminal Code of 1961 and
5    the interests of the victim or of persons dependent on his
6    support require that the public be excluded from the
7    hearing;
8        (3) the victim or the alleged assailant is a minor; or
9        (4) the interests of justice would be frustrated,
10    rather than furthered, if the hearing were open to the
11    public.
12    (b) A transcript shall be kept of the hearings held before
13the Court of Claims. No part of the transcript of any hearing
14before the Court of Claims may be used for any purpose in a
15criminal proceeding except in the prosecution of a person
16alleged to have perjured himself in his testimony before the
17Court of Claims. A copy of the transcript may be furnished to
18the applicant upon his written request to the court reporter,
19accompanied by payment of a charge established by the Court of
20Claims in accordance with the prevailing commercial charge for
21a duplicate transcript. Where the interests of justice require,
22the Court of Claims may refuse to disclose the names of victims
23or other material in the transcript by which the identity of
24the victim could be discovered.
25(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 

 

 

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1    Section 1095. The Predator Accountability Act is amended by
2changing Sections 10 and 15 as follows:
 
3    (740 ILCS 128/10)
4    Sec. 10. Definitions. As used in this Act:
5    "Sex trade" means any act, which if proven beyond a
6reasonable doubt could support a conviction for a violation or
7attempted violation of any of the following Sections of the
8Criminal Code of 1961: 11-14.3 (promoting prostitution);
911-14.4 (promoting juvenile prostitution); 11-15 (soliciting
10for a prostitute); 11-15.1 (soliciting for a juvenile
11prostitute); 11-16 (pandering); 11-17 (keeping a place of
12prostitution); 11-17.1 (keeping a place of juvenile
13prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
14aggravated juvenile pimping); 11-19.2 (exploitation of a
15child); 11-20 (obscenity); or 11-20.1 (child pornography); or
1611-20.1B or 11-20.3 (aggravated child pornography); or Section
1710-9 of the Criminal Code of 1961 (trafficking of persons and
18involuntary servitude).
19    "Sex trade" activity may involve adults and youth of all
20genders and sexual orientations.
21    "Victim of the sex trade" means, for the following sex
22trade acts, the person or persons indicated:
23        (1) soliciting for a prostitute: the prostitute who is
24    the object of the solicitation;
25        (2) soliciting for a juvenile prostitute: the juvenile

 

 

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1    prostitute, or severely or profoundly mentally retarded
2    person, who is the object of the solicitation;
3        (3) promoting prostitution as described in subdivision
4    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
5    Code of 1961, or pandering: the person intended or
6    compelled to act as a prostitute;
7        (4) keeping a place of prostitution: any person
8    intended or compelled to act as a prostitute, while present
9    at the place, during the time period in question;
10        (5) keeping a place of juvenile prostitution: any
11    juvenile intended or compelled to act as a prostitute,
12    while present at the place, during the time period in
13    question;
14        (6) promoting prostitution as described in subdivision
15    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961,
16    or pimping: the prostitute from whom anything of value is
17    received;
18        (7) promoting juvenile prostitution as described in
19    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
20    Criminal Code of 1961, or juvenile pimping and aggravated
21    juvenile pimping: the juvenile, or severely or profoundly
22    mentally retarded person, from whom anything of value is
23    received for that person's act of prostitution;
24        (8) promoting juvenile prostitution as described in
25    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
26    of 1961, or exploitation of a child: the juvenile, or

 

 

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1    severely or profoundly mentally retarded person, intended
2    or compelled to act as a prostitute or from whom anything
3    of value is received for that person's act of prostitution;
4        (9) obscenity: any person who appears in or is
5    described or depicted in the offending conduct or material;
6        (10) child pornography or aggravated child
7    pornography: any child, or severely or profoundly mentally
8    retarded person, who appears in or is described or depicted
9    in the offending conduct or material; or
10        (11) trafficking of persons or involuntary servitude:
11    a "trafficking victim" as defined in Section 10-9 of the
12    Criminal Code of 1961.
13(Source: P.A. 96-710, eff. 1-1-10.)
 
14    (740 ILCS 128/15)
15    Sec. 15. Cause of action.
16    (a) Violations of this Act are actionable in civil court.
17    (b) A victim of the sex trade has a cause of action against
18a person or entity who:
19        (1) recruits, profits from, or maintains the victim in
20    any sex trade act;
21        (2) intentionally abuses, as defined in Section 103 of
22    the Illinois Domestic Violence Act of 1986, or causes
23    bodily harm, as defined in Section 11-0.1 12-12 of the
24    Criminal Code of 1961, to the victim in any sex trade act;
25    or

 

 

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1        (3) knowingly advertises or publishes advertisements
2    for purposes of recruitment into sex trade activity.
3    (c) This Section shall not be construed to create liability
4to any person or entity who provides goods or services to the
5general public, who also provides those goods or services to
6persons who would be liable under subsection (b) of this
7Section, absent a showing that the person or entity either:
8        (1) knowingly markets or provides its goods or services
9    primarily to persons or entities liable under subsection
10    (b) of this Section;
11        (2) knowingly receives a higher level of compensation
12    from persons or entities liable under subsection (b) of
13    this Section than it generally receives from customers; or
14        (3) supervises or exercises control over persons or
15    entities liable under subsection (b) of this Section.
16(Source: P.A. 94-998, eff. 7-3-06.)
 
17    Section 1100. The Illinois Marriage and Dissolution of
18Marriage Act is amended by changing Section 503 as follows:
 
19    (750 ILCS 5/503)  (from Ch. 40, par. 503)
20    Sec. 503. Disposition of property.
21    (a) For purposes of this Act, "marital property" means all
22property acquired by either spouse subsequent to the marriage,
23except the following, which is known as "non-marital property":
24        (1) property acquired by gift, legacy or descent;

 

 

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1        (2) property acquired in exchange for property
2    acquired before the marriage or in exchange for property
3    acquired by gift, legacy or descent;
4        (3) property acquired by a spouse after a judgment of
5    legal separation;
6        (4) property excluded by valid agreement of the
7    parties;
8        (5) any judgment or property obtained by judgment
9    awarded to a spouse from the other spouse;
10        (6) property acquired before the marriage;
11        (7) the increase in value of property acquired by a
12    method listed in paragraphs (1) through (6) of this
13    subsection, irrespective of whether the increase results
14    from a contribution of marital property, non-marital
15    property, the personal effort of a spouse, or otherwise,
16    subject to the right of reimbursement provided in
17    subsection (c) of this Section; and
18        (8) income from property acquired by a method listed in
19    paragraphs (1) through (7) of this subsection if the income
20    is not attributable to the personal effort of a spouse.
21    (b)(1) For purposes of distribution of property pursuant to
22this Section, all property acquired by either spouse after the
23marriage and before a judgment of dissolution of marriage or
24declaration of invalidity of marriage, including non-marital
25property transferred into some form of co-ownership between the
26spouses, is presumed to be marital property, regardless of

 

 

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1whether title is held individually or by the spouses in some
2form of co-ownership such as joint tenancy, tenancy in common,
3tenancy by the entirety, or community property. The presumption
4of marital property is overcome by a showing that the property
5was acquired by a method listed in subsection (a) of this
6Section.
7    (2) For purposes of distribution of property pursuant to
8this Section, all pension benefits (including pension benefits
9under the Illinois Pension Code) acquired by either spouse
10after the marriage and before a judgment of dissolution of
11marriage or declaration of invalidity of the marriage are
12presumed to be marital property, regardless of which spouse
13participates in the pension plan. The presumption that these
14pension benefits are marital property is overcome by a showing
15that the pension benefits were acquired by a method listed in
16subsection (a) of this Section. The right to a division of
17pension benefits in just proportions under this Section is
18enforceable under Section 1-119 of the Illinois Pension Code.
19    The value of pension benefits in a retirement system
20subject to the Illinois Pension Code shall be determined in
21accordance with the valuation procedures established by the
22retirement system.
23    The recognition of pension benefits as marital property and
24the division of those benefits pursuant to a Qualified Illinois
25Domestic Relations Order shall not be deemed to be a
26diminishment, alienation, or impairment of those benefits. The

 

 

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1division of pension benefits is an allocation of property in
2which each spouse has a species of common ownership.
3    (3) For purposes of distribution of property under this
4Section, all stock options granted to either spouse after the
5marriage and before a judgment of dissolution of marriage or
6declaration of invalidity of marriage, whether vested or
7non-vested or whether their value is ascertainable, are
8presumed to be marital property. This presumption of marital
9property is overcome by a showing that the stock options were
10acquired by a method listed in subsection (a) of this Section.
11The court shall allocate stock options between the parties at
12the time of the judgment of dissolution of marriage or
13declaration of invalidity of marriage recognizing that the
14value of the stock options may not be then determinable and
15that the actual division of the options may not occur until a
16future date. In making the allocation between the parties, the
17court shall consider, in addition to the factors set forth in
18subsection (d) of this Section, the following:
19        (i) All circumstances underlying the grant of the stock
20    option including but not limited to whether the grant was
21    for past, present, or future efforts, or any combination
22    thereof.
23        (ii) The length of time from the grant of the option to
24    the time the option is exercisable.
25    (c) Commingled marital and non-marital property shall be
26treated in the following manner, unless otherwise agreed by the

 

 

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1spouses:
2        (1) When marital and non-marital property are
3    commingled by contributing one estate of property into
4    another resulting in a loss of identity of the contributed
5    property, the classification of the contributed property
6    is transmuted to the estate receiving the contribution,
7    subject to the provisions of paragraph (2) of this
8    subsection; provided that if marital and non-marital
9    property are commingled into newly acquired property
10    resulting in a loss of identity of the contributing
11    estates, the commingled property shall be deemed
12    transmuted to marital property, subject to the provisions
13    of paragraph (2) of this subsection.
14        (2) When one estate of property makes a contribution to
15    another estate of property, or when a spouse contributes
16    personal effort to non-marital property, the contributing
17    estate shall be reimbursed from the estate receiving the
18    contribution notwithstanding any transmutation; provided,
19    that no such reimbursement shall be made with respect to a
20    contribution which is not retraceable by clear and
21    convincing evidence, or was a gift, or, in the case of a
22    contribution of personal effort of a spouse to non-marital
23    property, unless the effort is significant and results in
24    substantial appreciation of the non-marital property.
25    Personal effort of a spouse shall be deemed a contribution
26    by the marital estate. The court may provide for

 

 

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1    reimbursement out of the marital property to be divided or
2    by imposing a lien against the non-marital property which
3    received the contribution.
4    (d) In a proceeding for dissolution of marriage or
5declaration of invalidity of marriage, or in a proceeding for
6disposition of property following dissolution of marriage by a
7court which lacked personal jurisdiction over the absent spouse
8or lacked jurisdiction to dispose of the property, the court
9shall assign each spouse's non-marital property to that spouse.
10It also shall divide the marital property without regard to
11marital misconduct in just proportions considering all
12relevant factors, including:
13        (1) the contribution of each party to the acquisition,
14    preservation, or increase or decrease in value of the
15    marital or non-marital property, including (i) any such
16    decrease attributable to a payment deemed to have been an
17    advance from the parties' marital estate under subsection
18    (c-1)(2) of Section 501 and (ii) the contribution of a
19    spouse as a homemaker or to the family unit;
20        (2) the dissipation by each party of the marital or
21    non-marital property;
22        (3) the value of the property assigned to each spouse;
23        (4) the duration of the marriage;
24        (5) the relevant economic circumstances of each spouse
25    when the division of property is to become effective,
26    including the desirability of awarding the family home, or

 

 

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1    the right to live therein for reasonable periods, to the
2    spouse having custody of the children;
3        (6) any obligations and rights arising from a prior
4    marriage of either party;
5        (7) any antenuptial agreement of the parties;
6        (8) the age, health, station, occupation, amount and
7    sources of income, vocational skills, employability,
8    estate, liabilities, and needs of each of the parties;
9        (9) the custodial provisions for any children;
10        (10) whether the apportionment is in lieu of or in
11    addition to maintenance;
12        (11) the reasonable opportunity of each spouse for
13    future acquisition of capital assets and income; and
14        (12) the tax consequences of the property division upon
15    the respective economic circumstances of the parties.
16    (e) Each spouse has a species of common ownership in the
17marital property which vests at the time dissolution
18proceedings are commenced and continues only during the
19pendency of the action. Any such interest in marital property
20shall not encumber that property so as to restrict its
21transfer, assignment or conveyance by the title holder unless
22such title holder is specifically enjoined from making such
23transfer, assignment or conveyance.
24    (f) In a proceeding for dissolution of marriage or
25declaration of invalidity of marriage or in a proceeding for
26disposition of property following dissolution of marriage by a

 

 

SB1310 Engrossed- 990 -LRB096 09456 RLC 19613 b

1court that lacked personal jurisdiction over the absent spouse
2or lacked jurisdiction to dispose of the property, the court,
3in determining the value of the marital and non-marital
4property for purposes of dividing the property, shall value the
5property as of the date of trial or some other date as close to
6the date of trial as is practicable.
7    (g) The court if necessary to protect and promote the best
8interests of the children may set aside a portion of the
9jointly or separately held estates of the parties in a separate
10fund or trust for the support, maintenance, education, physical
11and mental health, and general welfare of any minor, dependent,
12or incompetent child of the parties. In making a determination
13under this subsection, the court may consider, among other
14things, the conviction of a party of any of the offenses set
15forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1612-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 if the victim is a
18child of one or both of the parties, and there is a need for,
19and cost of, care, healing and counseling for the child who is
20the victim of the crime.
21    (h) Unless specifically directed by a reviewing court, or
22upon good cause shown, the court shall not on remand consider
23any increase or decrease in the value of any "marital" or
24"non-marital" property occurring since the assessment of such
25property at the original trial or hearing, but shall use only
26that assessment made at the original trial or hearing.

 

 

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1    (i) The court may make such judgments affecting the marital
2property as may be just and may enforce such judgments by
3ordering a sale of marital property, with proceeds therefrom to
4be applied as determined by the court.
5    (j) After proofs have closed in the final hearing on all
6other issues between the parties (or in conjunction with the
7final hearing, if all parties so stipulate) and before judgment
8is entered, a party's petition for contribution to fees and
9costs incurred in the proceeding shall be heard and decided, in
10accordance with the following provisions:
11        (1) A petition for contribution, if not filed before
12    the final hearing on other issues between the parties,
13    shall be filed no later than 30 days after the closing of
14    proofs in the final hearing or within such other period as
15    the court orders.
16        (2) Any award of contribution to one party from the
17    other party shall be based on the criteria for division of
18    marital property under this Section 503 and, if maintenance
19    has been awarded, on the criteria for an award of
20    maintenance under Section 504.
21        (3) The filing of a petition for contribution shall not
22    be deemed to constitute a waiver of the attorney-client
23    privilege between the petitioning party and current or
24    former counsel; and such a waiver shall not constitute a
25    prerequisite to a hearing for contribution. If either
26    party's presentation on contribution, however, includes

 

 

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1    evidence within the scope of the attorney-client
2    privilege, the disclosure or disclosures shall be narrowly
3    construed and shall not be deemed by the court to
4    constitute a general waiver of the privilege as to matters
5    beyond the scope of the presentation.
6        (4) No finding on which a contribution award is based
7    or denied shall be asserted against counsel or former
8    counsel for purposes of any hearing under subsection (c) or
9    (e) of Section 508.
10        (5) A contribution award (payable to either the
11    petitioning party or the party's counsel, or jointly, as
12    the court determines) may be in the form of either a set
13    dollar amount or a percentage of fees and costs (or a
14    portion of fees and costs) to be subsequently agreed upon
15    by the petitioning party and counsel or, alternatively,
16    thereafter determined in a hearing pursuant to subsection
17    (c) of Section 508 or previously or thereafter determined
18    in an independent proceeding under subsection (e) of
19    Section 508.
20        (6) The changes to this Section 503 made by this
21    amendatory Act of 1996 apply to cases pending on or after
22    June 1, 1997, except as otherwise provided in Section 508.
23(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
 
24    Section 1105. The Illinois Parentage Act of 1984 is amended
25by changing Section 6.5 as follows:
 

 

 

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1    (750 ILCS 45/6.5)
2    Sec. 6.5. Custody or visitation by sex offender prohibited.
3A person found to be the father of a child under this Act, and
4who has been convicted of or who has pled guilty to a violation
5of Section 11-11 (sexual relations within families), Section
611-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
712-14 (aggravated criminal sexual assault), Section 11-1.40 or
812-14.1 (predatory criminal sexual assault of a child), Section
911-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
1012-16 (aggravated criminal sexual abuse) of the Criminal Code
11of 1961 for his conduct in fathering that child, shall not be
12entitled to custody of or visitation with that child without
13the consent of the mother or guardian, other than the father of
14the child who has been convicted of or pled guilty to one of
15the offenses listed in this Section, or, in cases where the
16mother is a minor, the guardian of the mother of the child.
17Notwithstanding any other provision of this Act, nothing in
18this Section shall be construed to relieve the father of any
19support and maintenance obligations to the child under this
20Act.
21(Source: P.A. 94-928, eff. 6-26-06.)
 
22    Section 1110. The Adoption Act is amended by changing
23Section 1 as follows:
 

 

 

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1    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
2    Sec. 1. Definitions. When used in this Act, unless the
3context otherwise requires:
4    A. "Child" means a person under legal age subject to
5adoption under this Act.
6    B. "Related child" means a child subject to adoption where
7either or both of the adopting parents stands in any of the
8following relationships to the child by blood or marriage:
9parent, grand-parent, brother, sister, step-parent,
10step-grandparent, step-brother, step-sister, uncle, aunt,
11great-uncle, great-aunt, or cousin of first degree. A child
12whose parent has executed a final irrevocable consent to
13adoption or a final irrevocable surrender for purposes of
14adoption, or whose parent has had his or her parental rights
15terminated, is not a related child to that person, unless the
16consent is determined to be void or is void pursuant to
17subsection O of Section 10.
18    C. "Agency" for the purpose of this Act means a public
19child welfare agency or a licensed child welfare agency.
20    D. "Unfit person" means any person whom the court shall
21find to be unfit to have a child, without regard to the
22likelihood that the child will be placed for adoption. The
23grounds of unfitness are any one or more of the following,
24except that a person shall not be considered an unfit person
25for the sole reason that the person has relinquished a child in
26accordance with the Abandoned Newborn Infant Protection Act:

 

 

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1        (a) Abandonment of the child.
2        (a-1) Abandonment of a newborn infant in a hospital.
3        (a-2) Abandonment of a newborn infant in any setting
4    where the evidence suggests that the parent intended to
5    relinquish his or her parental rights.
6        (b) Failure to maintain a reasonable degree of
7    interest, concern or responsibility as to the child's
8    welfare.
9        (c) Desertion of the child for more than 3 months next
10    preceding the commencement of the Adoption proceeding.
11        (d) Substantial neglect of the child if continuous or
12    repeated.
13        (d-1) Substantial neglect, if continuous or repeated,
14    of any child residing in the household which resulted in
15    the death of that child.
16        (e) Extreme or repeated cruelty to the child.
17        (f) There is a rebuttable presumption, which can be
18    overcome only by clear and convincing evidence, that a
19    parent is unfit if:
20            (1) Two or more findings of physical abuse have
21        been entered regarding any children under Section 2-21
22        of the Juvenile Court Act of 1987, the most recent of
23        which was determined by the juvenile court hearing the
24        matter to be supported by clear and convincing
25        evidence; or
26            (2) The parent has been convicted or found not

 

 

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1        guilty by reason of insanity and the conviction or
2        finding resulted from the death of any child by
3        physical abuse; or
4            (3) There is a finding of physical child abuse
5        resulting from the death of any child under Section
6        2-21 of the Juvenile Court Act of 1987.
7            No conviction or finding of delinquency pursuant
8        to Article 5 of the Juvenile Court Act of 1987 shall be
9        considered a criminal conviction for the purpose of
10        applying any presumption under this item (f).
11        (g) Failure to protect the child from conditions within
12    his environment injurious to the child's welfare.
13        (h) Other neglect of, or misconduct toward the child;
14    provided that in making a finding of unfitness the court
15    hearing the adoption proceeding shall not be bound by any
16    previous finding, order or judgment affecting or
17    determining the rights of the parents toward the child
18    sought to be adopted in any other proceeding except such
19    proceedings terminating parental rights as shall be had
20    under either this Act, the Juvenile Court Act or the
21    Juvenile Court Act of 1987.
22        (i) Depravity. Conviction of any one of the following
23    crimes shall create a presumption that a parent is depraved
24    which can be overcome only by clear and convincing
25    evidence: (1) first degree murder in violation of paragraph
26    1 or 2 of subsection (a) of Section 9-1 of the Criminal

 

 

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1    Code of 1961 or conviction of second degree murder in
2    violation of subsection (a) of Section 9-2 of the Criminal
3    Code of 1961 of a parent of the child to be adopted; (2)
4    first degree murder or second degree murder of any child in
5    violation of the Criminal Code of 1961; (3) attempt or
6    conspiracy to commit first degree murder or second degree
7    murder of any child in violation of the Criminal Code of
8    1961; (4) solicitation to commit murder of any child,
9    solicitation to commit murder of any child for hire, or
10    solicitation to commit second degree murder of any child in
11    violation of the Criminal Code of 1961; (5) predatory
12    criminal sexual assault of a child in violation of Section
13    11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
14    heinous battery of any child in violation of the Criminal
15    Code of 1961; or (7) aggravated battery of any child in
16    violation of the Criminal Code of 1961.
17        There is a rebuttable presumption that a parent is
18    depraved if the parent has been criminally convicted of at
19    least 3 felonies under the laws of this State or any other
20    state, or under federal law, or the criminal laws of any
21    United States territory; and at least one of these
22    convictions took place within 5 years of the filing of the
23    petition or motion seeking termination of parental rights.
24        There is a rebuttable presumption that a parent is
25    depraved if that parent has been criminally convicted of
26    either first or second degree murder of any person as

 

 

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1    defined in the Criminal Code of 1961 within 10 years of the
2    filing date of the petition or motion to terminate parental
3    rights.
4        No conviction or finding of delinquency pursuant to
5    Article 5 of the Juvenile Court Act of 1987 shall be
6    considered a criminal conviction for the purpose of
7    applying any presumption under this item (i).
8        (j) Open and notorious adultery or fornication.
9        (j-1) (Blank).
10        (k) Habitual drunkenness or addiction to drugs, other
11    than those prescribed by a physician, for at least one year
12    immediately prior to the commencement of the unfitness
13    proceeding.
14        There is a rebuttable presumption that a parent is
15    unfit under this subsection with respect to any child to
16    which that parent gives birth where there is a confirmed
17    test result that at birth the child's blood, urine, or
18    meconium contained any amount of a controlled substance as
19    defined in subsection (f) of Section 102 of the Illinois
20    Controlled Substances Act or metabolites of such
21    substances, the presence of which in the newborn infant was
22    not the result of medical treatment administered to the
23    mother or the newborn infant; and the biological mother of
24    this child is the biological mother of at least one other
25    child who was adjudicated a neglected minor under
26    subsection (c) of Section 2-3 of the Juvenile Court Act of

 

 

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1    1987.
2        (l) Failure to demonstrate a reasonable degree of
3    interest, concern or responsibility as to the welfare of a
4    new born child during the first 30 days after its birth.
5        (m) Failure by a parent (i) to make reasonable efforts
6    to correct the conditions that were the basis for the
7    removal of the child from the parent, or (ii) to make
8    reasonable progress toward the return of the child to the
9    parent within 9 months after an adjudication of neglected
10    or abused minor under Section 2-3 of the Juvenile Court Act
11    of 1987 or dependent minor under Section 2-4 of that Act,
12    or (iii) to make reasonable progress toward the return of
13    the child to the parent during any 9-month period after the
14    end of the initial 9-month period following the
15    adjudication of neglected or abused minor under Section 2-3
16    of the Juvenile Court Act of 1987 or dependent minor under
17    Section 2-4 of that Act. If a service plan has been
18    established as required under Section 8.2 of the Abused and
19    Neglected Child Reporting Act to correct the conditions
20    that were the basis for the removal of the child from the
21    parent and if those services were available, then, for
22    purposes of this Act, "failure to make reasonable progress
23    toward the return of the child to the parent" includes (I)
24    the parent's failure to substantially fulfill his or her
25    obligations under the service plan and correct the
26    conditions that brought the child into care within 9 months

 

 

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1    after the adjudication under Section 2-3 or 2-4 of the
2    Juvenile Court Act of 1987 and (II) the parent's failure to
3    substantially fulfill his or her obligations under the
4    service plan and correct the conditions that brought the
5    child into care during any 9-month period after the end of
6    the initial 9-month period following the adjudication
7    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
8    Notwithstanding any other provision, when a petition or
9    motion seeks to terminate parental rights on the basis of
10    item (iii) of this subsection (m), the petitioner shall
11    file with the court and serve on the parties a pleading
12    that specifies the 9-month period or periods relied on. The
13    pleading shall be filed and served on the parties no later
14    than 3 weeks before the date set by the court for closure
15    of discovery, and the allegations in the pleading shall be
16    treated as incorporated into the petition or motion.
17    Failure of a respondent to file a written denial of the
18    allegations in the pleading shall not be treated as an
19    admission that the allegations are true.
20        (m-1) Pursuant to the Juvenile Court Act of 1987, a
21    child has been in foster care for 15 months out of any 22
22    month period which begins on or after the effective date of
23    this amendatory Act of 1998 unless the child's parent can
24    prove by a preponderance of the evidence that it is more
25    likely than not that it will be in the best interests of
26    the child to be returned to the parent within 6 months of

 

 

SB1310 Engrossed- 1001 -LRB096 09456 RLC 19613 b

1    the date on which a petition for termination of parental
2    rights is filed under the Juvenile Court Act of 1987. The
3    15 month time limit is tolled during any period for which
4    there is a court finding that the appointed custodian or
5    guardian failed to make reasonable efforts to reunify the
6    child with his or her family, provided that (i) the finding
7    of no reasonable efforts is made within 60 days of the
8    period when reasonable efforts were not made or (ii) the
9    parent filed a motion requesting a finding of no reasonable
10    efforts within 60 days of the period when reasonable
11    efforts were not made. For purposes of this subdivision
12    (m-1), the date of entering foster care is the earlier of:
13    (i) the date of a judicial finding at an adjudicatory
14    hearing that the child is an abused, neglected, or
15    dependent minor; or (ii) 60 days after the date on which
16    the child is removed from his or her parent, guardian, or
17    legal custodian.
18        (n) Evidence of intent to forgo his or her parental
19    rights, whether or not the child is a ward of the court,
20    (1) as manifested by his or her failure for a period of 12
21    months: (i) to visit the child, (ii) to communicate with
22    the child or agency, although able to do so and not
23    prevented from doing so by an agency or by court order, or
24    (iii) to maintain contact with or plan for the future of
25    the child, although physically able to do so, or (2) as
26    manifested by the father's failure, where he and the mother

 

 

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1    of the child were unmarried to each other at the time of
2    the child's birth, (i) to commence legal proceedings to
3    establish his paternity under the Illinois Parentage Act of
4    1984 or the law of the jurisdiction of the child's birth
5    within 30 days of being informed, pursuant to Section 12a
6    of this Act, that he is the father or the likely father of
7    the child or, after being so informed where the child is
8    not yet born, within 30 days of the child's birth, or (ii)
9    to make a good faith effort to pay a reasonable amount of
10    the expenses related to the birth of the child and to
11    provide a reasonable amount for the financial support of
12    the child, the court to consider in its determination all
13    relevant circumstances, including the financial condition
14    of both parents; provided that the ground for termination
15    provided in this subparagraph (n)(2)(ii) shall only be
16    available where the petition is brought by the mother or
17    the husband of the mother.
18        Contact or communication by a parent with his or her
19    child that does not demonstrate affection and concern does
20    not constitute reasonable contact and planning under
21    subdivision (n). In the absence of evidence to the
22    contrary, the ability to visit, communicate, maintain
23    contact, pay expenses and plan for the future shall be
24    presumed. The subjective intent of the parent, whether
25    expressed or otherwise, unsupported by evidence of the
26    foregoing parental acts manifesting that intent, shall not

 

 

SB1310 Engrossed- 1003 -LRB096 09456 RLC 19613 b

1    preclude a determination that the parent has intended to
2    forgo his or her parental rights. In making this
3    determination, the court may consider but shall not require
4    a showing of diligent efforts by an authorized agency to
5    encourage the parent to perform the acts specified in
6    subdivision (n).
7        It shall be an affirmative defense to any allegation
8    under paragraph (2) of this subsection that the father's
9    failure was due to circumstances beyond his control or to
10    impediments created by the mother or any other person
11    having legal custody. Proof of that fact need only be by a
12    preponderance of the evidence.
13        (o) Repeated or continuous failure by the parents,
14    although physically and financially able, to provide the
15    child with adequate food, clothing, or shelter.
16        (p) Inability to discharge parental responsibilities
17    supported by competent evidence from a psychiatrist,
18    licensed clinical social worker, or clinical psychologist
19    of mental impairment, mental illness or mental retardation
20    as defined in Section 1-116 of the Mental Health and
21    Developmental Disabilities Code, or developmental
22    disability as defined in Section 1-106 of that Code, and
23    there is sufficient justification to believe that the
24    inability to discharge parental responsibilities shall
25    extend beyond a reasonable time period. However, this
26    subdivision (p) shall not be construed so as to permit a

 

 

SB1310 Engrossed- 1004 -LRB096 09456 RLC 19613 b

1    licensed clinical social worker to conduct any medical
2    diagnosis to determine mental illness or mental
3    impairment.
4        (q) (Blank).
5        (r) The child is in the temporary custody or
6    guardianship of the Department of Children and Family
7    Services, the parent is incarcerated as a result of
8    criminal conviction at the time the petition or motion for
9    termination of parental rights is filed, prior to
10    incarceration the parent had little or no contact with the
11    child or provided little or no support for the child, and
12    the parent's incarceration will prevent the parent from
13    discharging his or her parental responsibilities for the
14    child for a period in excess of 2 years after the filing of
15    the petition or motion for termination of parental rights.
16        (s) The child is in the temporary custody or
17    guardianship of the Department of Children and Family
18    Services, the parent is incarcerated at the time the
19    petition or motion for termination of parental rights is
20    filed, the parent has been repeatedly incarcerated as a
21    result of criminal convictions, and the parent's repeated
22    incarceration has prevented the parent from discharging
23    his or her parental responsibilities for the child.
24        (t) A finding that at birth the child's blood, urine,
25    or meconium contained any amount of a controlled substance
26    as defined in subsection (f) of Section 102 of the Illinois

 

 

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1    Controlled Substances Act, or a metabolite of a controlled
2    substance, with the exception of controlled substances or
3    metabolites of such substances, the presence of which in
4    the newborn infant was the result of medical treatment
5    administered to the mother or the newborn infant, and that
6    the biological mother of this child is the biological
7    mother of at least one other child who was adjudicated a
8    neglected minor under subsection (c) of Section 2-3 of the
9    Juvenile Court Act of 1987, after which the biological
10    mother had the opportunity to enroll in and participate in
11    a clinically appropriate substance abuse counseling,
12    treatment, and rehabilitation program.
13    E. "Parent" means the father or mother of a lawful child of
14the parties or child born out of wedlock. For the purpose of
15this Act, a person who has executed a final and irrevocable
16consent to adoption or a final and irrevocable surrender for
17purposes of adoption, or whose parental rights have been
18terminated by a court, is not a parent of the child who was the
19subject of the consent or surrender, unless the consent is void
20pursuant to subsection O of Section 10.
21    F. A person is available for adoption when the person is:
22        (a) a child who has been surrendered for adoption to an
23    agency and to whose adoption the agency has thereafter
24    consented;
25        (b) a child to whose adoption a person authorized by
26    law, other than his parents, has consented, or to whose

 

 

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1    adoption no consent is required pursuant to Section 8 of
2    this Act;
3        (c) a child who is in the custody of persons who intend
4    to adopt him through placement made by his parents;
5        (c-1) a child for whom a parent has signed a specific
6    consent pursuant to subsection O of Section 10;
7        (d) an adult who meets the conditions set forth in
8    Section 3 of this Act; or
9        (e) a child who has been relinquished as defined in
10    Section 10 of the Abandoned Newborn Infant Protection Act.
11    A person who would otherwise be available for adoption
12shall not be deemed unavailable for adoption solely by reason
13of his or her death.
14    G. The singular includes the plural and the plural includes
15the singular and the "male" includes the "female", as the
16context of this Act may require.
17    H. "Adoption disruption" occurs when an adoptive placement
18does not prove successful and it becomes necessary for the
19child to be removed from placement before the adoption is
20finalized.
21    I. "Foreign placing agency" is an agency or individual
22operating in a country or territory outside the United States
23that is authorized by its country to place children for
24adoption either directly with families in the United States or
25through United States based international agencies.
26    J. "Immediate relatives" means the biological parents, the

 

 

SB1310 Engrossed- 1007 -LRB096 09456 RLC 19613 b

1parents of the biological parents and siblings of the
2biological parents.
3    K. "Intercountry adoption" is a process by which a child
4from a country other than the United States is adopted.
5    L. "Intercountry Adoption Coordinator" is a staff person of
6the Department of Children and Family Services appointed by the
7Director to coordinate the provision of services by the public
8and private sector to prospective parents of foreign-born
9children.
10    M. "Interstate Compact on the Placement of Children" is a
11law enacted by most states for the purpose of establishing
12uniform procedures for handling the interstate placement of
13children in foster homes, adoptive homes, or other child care
14facilities.
15    N. "Non-Compact state" means a state that has not enacted
16the Interstate Compact on the Placement of Children.
17    O. "Preadoption requirements" are any conditions
18established by the laws or regulations of the Federal
19Government or of each state that must be met prior to the
20placement of a child in an adoptive home.
21    P. "Abused child" means a child whose parent or immediate
22family member, or any person responsible for the child's
23welfare, or any individual residing in the same home as the
24child, or a paramour of the child's parent:
25        (a) inflicts, causes to be inflicted, or allows to be
26    inflicted upon the child physical injury, by other than

 

 

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1    accidental means, that causes death, disfigurement,
2    impairment of physical or emotional health, or loss or
3    impairment of any bodily function;
4        (b) creates a substantial risk of physical injury to
5    the child by other than accidental means which would be
6    likely to cause death, disfigurement, impairment of
7    physical or emotional health, or loss or impairment of any
8    bodily function;
9        (c) commits or allows to be committed any sex offense
10    against the child, as sex offenses are defined in the
11    Criminal Code of 1961 and extending those definitions of
12    sex offenses to include children under 18 years of age;
13        (d) commits or allows to be committed an act or acts of
14    torture upon the child; or
15        (e) inflicts excessive corporal punishment.
16    Q. "Neglected child" means any child whose parent or other
17person responsible for the child's welfare withholds or denies
18nourishment or medically indicated treatment including food or
19care denied solely on the basis of the present or anticipated
20mental or physical impairment as determined by a physician
21acting alone or in consultation with other physicians or
22otherwise does not provide the proper or necessary support,
23education as required by law, or medical or other remedial care
24recognized under State law as necessary for a child's
25well-being, or other care necessary for his or her well-being,
26including adequate food, clothing and shelter; or who is

 

 

SB1310 Engrossed- 1009 -LRB096 09456 RLC 19613 b

1abandoned by his or her parents or other person responsible for
2the child's welfare.
3    A child shall not be considered neglected or abused for the
4sole reason that the child's parent or other person responsible
5for his or her welfare depends upon spiritual means through
6prayer alone for the treatment or cure of disease or remedial
7care as provided under Section 4 of the Abused and Neglected
8Child Reporting Act. A child shall not be considered neglected
9or abused for the sole reason that the child's parent or other
10person responsible for the child's welfare failed to vaccinate,
11delayed vaccination, or refused vaccination for the child due
12to a waiver on religious or medical grounds as permitted by
13law.
14    R. "Putative father" means a man who may be a child's
15father, but who (1) is not married to the child's mother on or
16before the date that the child was or is to be born and (2) has
17not established paternity of the child in a court proceeding
18before the filing of a petition for the adoption of the child.
19The term includes a male who is less than 18 years of age.
20"Putative father" does not mean a man who is the child's father
21as a result of criminal sexual abuse or assault as defined
22under Article 12 of the Criminal Code of 1961.
23    S. "Standby adoption" means an adoption in which a parent
24consents to custody and termination of parental rights to
25become effective upon the occurrence of a future event, which
26is either the death of the parent or the request of the parent

 

 

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1for the entry of a final judgment of adoption.
2    T. (Blank).
3(Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563,
4eff. 1-1-06; 94-939, eff. 1-1-07.)
 
5    Section 1115. The Parental Notice of Abortion Act of 1995
6is amended by changing Section 10 as follows:
 
7    (750 ILCS 70/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Abortion" means the use of any instrument, medicine, drug,
10or any other substance or device to terminate the pregnancy of
11a woman known to be pregnant with an intention other than to
12increase the probability of a live birth, to preserve the life
13or health of a child after live birth, or to remove a dead
14fetus.
15    "Actual notice" means the giving of notice directly, in
16person, or by telephone.
17    "Adult family member" means a person over 21 years of age
18who is the parent, grandparent, step-parent living in the
19household, or legal guardian.
20    "Constructive notice" means notice by certified mail to the
21last known address of the person entitled to notice with
22delivery deemed to have occurred 48 hours after the certified
23notice is mailed.
24    "Incompetent" means any person who has been adjudged as

 

 

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1mentally ill or developmentally disabled and who, because of
2her mental illness or developmental disability, is not fully
3able to manage her person and for whom a guardian of the person
4has been appointed under Section 11a-3(a)(1) of the Probate Act
5of 1975.
6    "Medical emergency" means a condition that, on the basis of
7the physician's good faith clinical judgment, so complicates
8the medical condition of a pregnant woman as to necessitate the
9immediate abortion of her pregnancy to avert her death or for
10which a delay will create serious risk of substantial and
11irreversible impairment of major bodily function.
12    "Minor" means any person under 18 years of age who is not
13or has not been married or who has not been emancipated under
14the Emancipation of Minors Act.
15    "Neglect" means the failure of an adult family member to
16supply a child with necessary food, clothing, shelter, or
17medical care when reasonably able to do so or the failure to
18protect a child from conditions or actions that imminently and
19seriously endanger the child's physical or mental health when
20reasonably able to do so.
21    "Physical abuse" means any physical injury intentionally
22inflicted by an adult family member on a child.
23    "Physician" means any person licensed to practice medicine
24in all its branches under the Illinois Medical Practice Act of
251987.
26    "Sexual abuse" means any sexual conduct or sexual

 

 

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1penetration as defined in Section 11-0.1 12-12 of the Criminal
2Code of 1961 that is prohibited by the criminal laws of the
3State of Illinois and committed against a minor by an adult
4family member as defined in this Act.
5(Source: P.A. 95-331, eff. 8-21-07.)
 
6    Section 1120. The Landlord and Tenant Act is amended by
7changing Section 10 as follows:
 
8    (765 ILCS 705/10)
9    Sec. 10. Failure to inform lessor who is a child sex
10offender and who resides in the same building in which the
11lessee resides or intends to reside that the lessee is a parent
12or guardian of a child under 18 years of age. If a lessor of
13residential real estate resides at such real estate and is a
14child sex offender as defined in Section 11-9.3 or 11-9.4 of
15the Criminal Code of 1961 and rents such real estate to a
16person who does not inform the lessor that the person is a
17parent or guardian of a child or children under 18 years of age
18and subsequent to such lease, the lessee discovers that the
19landlord is a child sex offender, then the lessee may not
20terminate the lease based upon such discovery that the lessor
21is a child sex offender and such lease shall be in full force
22and effect. This subsection shall apply only to leases or other
23rental arrangements entered into after the effective date of
24this amendatory Act of the 95th General Assembly.

 

 

SB1310 Engrossed- 1013 -LRB096 09456 RLC 19613 b

1(Source: P.A. 95-820, eff. 1-1-09.)
 
2    Section 1125. The Illinois Securities Law of 1953 is
3amended by changing Section 7a as follows:
 
4    (815 ILCS 5/7a)  (from Ch. 121 1/2, par. 137.7a)
5    Sec. 7a. (a) Except as provided in subsection (b) of this
6Section, no securities, issued by an issuer engaged in or
7deriving revenues from the conduct of any business or
8profession, the conduct of which would violate Section 11-14,
911-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), or
10(a)(3) or that involves soliciting for a juvenile prostitute,
1111-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of the Criminal
12Code of 1961, as now or hereafter amended, if conducted in this
13State, shall be sold or registered pursuant to Section 5, 6 or
147 of this Act nor sold pursuant to the provisions of Section 3
15or 4 of this Act.
16    (b) Notwithstanding the provisions of subsection (a)
17hereof, such securities issued prior to the effective date of
18this amendatory Act of 1989 may be sold by a resident of this
19State in transactions which qualify for an exemption from the
20registration requirements of this Act pursuant to subsection A
21of Section 4 of this Act.
22(Source: P.A. 86-526.)
 
23    Section 1130. The Victims' Economic Security and Safety Act

 

 

SB1310 Engrossed- 1014 -LRB096 09456 RLC 19613 b

1is amended by changing Section 10 as follows:
 
2    (820 ILCS 180/10)
3    Sec. 10. Definitions. In this Act, except as otherwise
4expressly provided:
5        (1) "Commerce" includes trade, traffic, commerce,
6    transportation, or communication; and "industry or
7    activity affecting commerce" means any activity, business,
8    or industry in commerce or in which a labor dispute would
9    hinder or obstruct commerce or the free flow of commerce,
10    and includes "commerce" and any "industry affecting
11    commerce".
12        (2) "Course of conduct" means a course of repeatedly
13    maintaining a visual or physical proximity to a person or
14    conveying oral or written threats, including threats
15    conveyed through electronic communications, or threats
16    implied by conduct.
17        (3) "Department" means the Department of Labor.
18        (4) "Director" means the Director of Labor.
19        (5) "Domestic or sexual violence" means domestic
20    violence, sexual assault, or stalking.
21        (6) "Domestic violence" means abuse, as defined in
22    Section 103 of the Illinois Domestic Violence Act of 1986,
23    by a family or household member, as defined in Section 103
24    of the Illinois Domestic Violence Act of 1986.
25        (7) "Electronic communications" includes

 

 

SB1310 Engrossed- 1015 -LRB096 09456 RLC 19613 b

1    communications via telephone, mobile phone, computer,
2    e-mail, video recorder, fax machine, telex, or pager, or
3    any other electronic communication, as defined in Section
4    12-7.5 of the Criminal Code of 1961.
5        (8) "Employ" includes to suffer or permit to work.
6        (9) Employee.
7            (A) In general. "Employee" means any person
8        employed by an employer.
9            (B) Basis. "Employee" includes a person employed
10        as described in subparagraph (A) on a full or part-time
11        basis, or as a participant in a work assignment as a
12        condition of receipt of federal or State income-based
13        public assistance.
14        (10) "Employer" means any of the following: (A) the
15    State or any agency of the State; (B) any unit of local
16    government or school district; or (C) any person that
17    employs at least 15 employees.
18        (11) "Employment benefits" means all benefits provided
19    or made available to employees by an employer, including
20    group life insurance, health insurance, disability
21    insurance, sick leave, annual leave, educational benefits,
22    pensions, and profit-sharing, regardless of whether such
23    benefits are provided by a practice or written policy of an
24    employer or through an "employee benefit plan". "Employee
25    benefit plan" or "plan" means an employee welfare benefit
26    plan or an employee pension benefit plan or a plan which is

 

 

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1    both an employee welfare benefit plan and an employee
2    pension benefit plan.
3        (12) "Family or household member", for employees with a
4    family or household member who is a victim of domestic or
5    sexual violence, means a spouse, parent, son, daughter,
6    other person related by blood or by present or prior
7    marriage, other person who shares a relationship through a
8    son or daughter, and persons jointly residing in the same
9    household.
10        (13) "Parent" means the biological parent of an
11    employee or an individual who stood in loco parentis to an
12    employee when the employee was a son or daughter. "Son or
13    daughter" means a biological, adopted, or foster child, a
14    stepchild, a legal ward, or a child of a person standing in
15    loco parentis, who is under 18 years of age, or is 18 years
16    of age or older and incapable of self-care because of a
17    mental or physical disability.
18        (14) "Perpetrator" means an individual who commits or
19    is alleged to have committed any act or threat of domestic
20    or sexual violence.
21        (15) "Person" means an individual, partnership,
22    association, corporation, business trust, legal
23    representative, or any organized group of persons.
24        (16) "Public agency" means the Government of the State
25    or political subdivision thereof; any agency of the State,
26    or of a political subdivision of the State; or any

 

 

SB1310 Engrossed- 1017 -LRB096 09456 RLC 19613 b

1    governmental agency.
2        (17) "Public assistance" includes cash, food stamps,
3    medical assistance, housing assistance, and other benefits
4    provided on the basis of income by a public agency or
5    public employer.
6        (18) "Reduced work schedule" means a work schedule that
7    reduces the usual number of hours per workweek, or hours
8    per workday, of an employee.
9        (19) "Repeatedly" means on 2 or more occasions.
10        (20) "Sexual assault" means any conduct proscribed by
11    the Criminal Code of 1961 in Sections 11-1.20, 11-1.30,
12    11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15,
13    and 12-16.
14        (21) "Stalking" means any conduct proscribed by the
15    Criminal Code of 1961 in Sections 12-7.3, 12-7.4, and
16    12-7.5.
17        (22) "Victim" or "survivor" means an individual who has
18    been subjected to domestic or sexual violence.
19        (23) "Victim services organization" means a nonprofit,
20    nongovernmental organization that provides assistance to
21    victims of domestic or sexual violence or to advocates for
22    such victims, including a rape crisis center, an
23    organization carrying out a domestic violence program, an
24    organization operating a shelter or providing counseling
25    services, or a legal services organization or other
26    organization providing assistance through the legal

 

 

SB1310 Engrossed- 1018 -LRB096 09456 RLC 19613 b

1    process.
2(Source: P.A. 96-635, eff. 8-24-09.)
 
3
Article 5.

 
4    Section 5-5. The Criminal Code of 1961 is amended: by
5adding the headings of Subdivisions 1, 5, 10, 15, 20, 25, 30,
6and 35 of Article 17; by adding Sections 17-0.5, 17-3.5,
717-5.7, 17-6.3, 17-6.5, 17-8.5, 17-10.3, 17-10.5, 17-10.6,
817-10.7, 17-31, 17-32, 17-33, 17-34, 17-35, 17-36, 17-37,
917-38, 17-39, 17-40, 17-41, 17-42, 17-43, 17-44, 17-45, 17-46,
1017-47, 17-48, 17-49, 17-49.5, 17-55, 17-61, and 17-62; by
11changing the heading of Article 17 and changing Sections 17-1,
1217-1b, 17-2, 17-3, 17-5, 17-5.5, 17-6, 17-9, 17-11, 17-11.2,
1317-13, 17-17, 17-20, 17-21, 17-24, 17-26, and 17-27; and by
14changing and renumbering Sections 16-1.3, 16-22, 16C-2, 16D-3,
1516D-4, 16D-5, 16D-5.5, 16D-6, 16D-7, 17-7, 17-16, 17-22, 17-28,
1617-29, and 39-1 as follows:
 
17    (720 ILCS 5/Art. 17 heading)
18
ARTICLE 17. DECEPTION AND FRAUD

 
19    (720 ILCS 5/Art. 17, Subdiv. 1 heading new)
20
SUBDIVISION 1. GENERAL DEFINITIONS

 
21    (720 ILCS 5/17-0.5 new)

 

 

SB1310 Engrossed- 1019 -LRB096 09456 RLC 19613 b

1    Sec. 17-0.5. Definitions. In this Article:
2    "Altered credit card or debit card" means any instrument or
3device, whether known as a credit card or debit card, which has
4been changed in any respect by addition or deletion of any
5material, except for the signature by the person to whom the
6card is issued.
7    "Cardholder" means the person or organization named on the
8face of a credit card or debit card to whom or for whose
9benefit the credit card or debit card is issued by an issuer.
10    "Computer" means a device that accepts, processes, stores,
11retrieves, or outputs data and includes, but is not limited to,
12auxiliary storage and telecommunications devices connected to
13computers.
14    "Computer network" means a set of related, remotely
15connected devices and any communications facilities including
16more than one computer with the capability to transmit data
17between them through the communications facilities.
18    "Computer program" or "program" means a series of coded
19instructions or statements in a form acceptable to a computer
20which causes the computer to process data and supply the
21results of the data processing.
22    "Computer services" means computer time or services,
23including data processing services, Internet services,
24electronic mail services, electronic message services, or
25information or data stored in connection therewith.
26    "Counterfeit" means to manufacture, produce or create, by

 

 

SB1310 Engrossed- 1020 -LRB096 09456 RLC 19613 b

1any means, a credit card or debit card without the purported
2issuer's consent or authorization.
3    "Credit card" means any instrument or device, whether known
4as a credit card, credit plate, charge plate or any other name,
5issued with or without fee by an issuer for the use of the
6cardholder in obtaining money, goods, services or anything else
7of value on credit or in consideration or an undertaking or
8guaranty by the issuer of the payment of a check drawn by the
9cardholder.
10    "Data" means a representation in any form of information,
11knowledge, facts, concepts, or instructions, including program
12documentation, which is prepared or has been prepared in a
13formalized manner and is stored or processed in or transmitted
14by a computer or in a system or network. Data is considered
15property and may be in any form, including, but not limited to,
16printouts, magnetic or optical storage media, punch cards, or
17data stored internally in the memory of the computer.
18    "Debit card" means any instrument or device, known by any
19name, issued with or without fee by an issuer for the use of
20the cardholder in obtaining money, goods, services, and
21anything else of value, payment of which is made against funds
22previously deposited by the cardholder. A debit card which also
23can be used to obtain money, goods, services and anything else
24of value on credit shall not be considered a debit card when it
25is being used to obtain money, goods, services or anything else
26of value on credit.

 

 

SB1310 Engrossed- 1021 -LRB096 09456 RLC 19613 b

1    "Document" includes, but is not limited to, any document,
2representation, or image produced manually, electronically, or
3by computer.
4    "Electronic fund transfer terminal" means any machine or
5device that, when properly activated, will perform any of the
6following services:
7        (1) Dispense money as a debit to the cardholder's
8    account; or
9        (2) Print the cardholder's account balances on a
10    statement; or
11        (3) Transfer funds between a cardholder's accounts; or
12        (4) Accept payments on a cardholder's loan; or
13        (5) Dispense cash advances on an open end credit or a
14    revolving charge agreement; or
15        (6) Accept deposits to a customer's account; or
16        (7) Receive inquiries of verification of checks and
17    dispense information that verifies that funds are
18    available to cover such checks; or
19        (8) Cause money to be transferred electronically from a
20    cardholder's account to an account held by any business,
21    firm, retail merchant, corporation, or any other
22    organization.
23    "Electronic funds transfer system", hereafter referred to
24as "EFT System", means that system whereby funds are
25transferred electronically from a cardholder's account to any
26other account.

 

 

SB1310 Engrossed- 1022 -LRB096 09456 RLC 19613 b

1    "Electronic mail service provider" means any person who (i)
2is an intermediary in sending or receiving electronic mail and
3(ii) provides to end-users of electronic mail services the
4ability to send or receive electronic mail.
5    "Expired credit card or debit card" means a credit card or
6debit card which is no longer valid because the term on it has
7elapsed.
8    "False academic degree" means a certificate, diploma,
9transcript, or other document purporting to be issued by an
10institution of higher learning or purporting to indicate that a
11person has completed an organized academic program of study at
12an institution of higher learning when the person has not
13completed the organized academic program of study indicated on
14the certificate, diploma, transcript, or other document.
15    "False claim" means any statement made to any insurer,
16purported insurer, servicing corporation, insurance broker, or
17insurance agent, or any agent or employee of one of those
18entities, and made as part of, or in support of, a claim for
19payment or other benefit under a policy of insurance, or as
20part of, or in support of, an application for the issuance of,
21or the rating of, any insurance policy, when the statement does
22any of the following:
23        (1) Contains any false, incomplete, or misleading
24    information concerning any fact or thing material to the
25    claim.
26        (2) Conceals (i) the occurrence of an event that is

 

 

SB1310 Engrossed- 1023 -LRB096 09456 RLC 19613 b

1    material to any person's initial or continued right or
2    entitlement to any insurance benefit or payment or (ii) the
3    amount of any benefit or payment to which the person is
4    entitled.
5    "Financial institution" means any bank, savings and loan
6association, credit union, or other depository of money or
7medium of savings and collective investment.
8    "Governmental entity" means: each officer, board,
9commission, and agency created by the Constitution, whether in
10the executive, legislative, or judicial branch of State
11government; each officer, department, board, commission,
12agency, institution, authority, university, and body politic
13and corporate of the State; each administrative unit or
14corporate outgrowth of State government that is created by or
15pursuant to statute, including units of local government and
16their officers, school districts, and boards of election
17commissioners; and each administrative unit or corporate
18outgrowth of the foregoing items and as may be created by
19executive order of the Governor.
20    "Incomplete credit card or debit card" means a credit card
21or debit card which is missing part of the matter other than
22the signature of the cardholder which an issuer requires to
23appear on the credit card or debit card before it can be used
24by a cardholder, and this includes credit cards or debit cards
25which have not been stamped, embossed, imprinted or written on.
26    "Institution of higher learning" means a public or private

 

 

SB1310 Engrossed- 1024 -LRB096 09456 RLC 19613 b

1college, university, or community college located in the State
2of Illinois that is authorized by the Board of Higher Education
3or the Illinois Community College Board to issue post-secondary
4degrees, or a public or private college, university, or
5community college located anywhere in the United States that is
6or has been legally constituted to offer degrees and
7instruction in its state of origin or incorporation.
8    "Insurance company" means "company" as defined under
9Section 2 of the Illinois Insurance Code.
10    "Issuer" means the business organization or financial
11institution which issues a credit card or debit card, or its
12duly authorized agent.
13    "Merchant" has the meaning ascribed to it in Section
1416A-2.4 of this Code.
15    "Person" means any individual, corporation, government,
16governmental subdivision or agency, business trust, estate,
17trust, partnership or association or any other entity.
18    "Receives" or "receiving" means acquiring possession or
19control.
20    "Record of charge form" means any document submitted or
21intended to be submitted to an issuer as evidence of a credit
22transaction for which the issuer has agreed to reimburse
23persons providing money, goods, property, services or other
24things of value.
25    "Revoked credit card or debit card" means a credit card or
26debit card which is no longer valid because permission to use

 

 

SB1310 Engrossed- 1025 -LRB096 09456 RLC 19613 b

1it has been suspended or terminated by the issuer.
2    "Sale" means any delivery for value.
3    "Scheme or artifice to defraud" includes a scheme or
4artifice to deprive another of the intangible right to honest
5services.
6    "Self-insured entity" means any person, business,
7partnership, corporation, or organization that sets aside
8funds to meet his, her, or its losses or to absorb fluctuations
9in the amount of loss, the losses being charged against the
10funds set aside or accumulated.
11    "Social networking website" means an Internet website
12containing profile web pages of the members of the website that
13include the names or nicknames of such members, photographs
14placed on the profile web pages by such members, or any other
15personal or personally identifying information about such
16members and links to other profile web pages on social
17networking websites of friends or associates of such members
18that can be accessed by other members or visitors to the
19website. A social networking website provides members of or
20visitors to such website the ability to leave messages or
21comments on the profile web page that are visible to all or
22some visitors to the profile web page and may also include a
23form of electronic mail for members of the social networking
24website.
25    "Statement" means any assertion, oral, written, or
26otherwise, and includes, but is not limited to: any notice,

 

 

SB1310 Engrossed- 1026 -LRB096 09456 RLC 19613 b

1letter, or memorandum; proof of loss; bill of lading; receipt
2for payment; invoice, account, or other financial statement;
3estimate of property damage; bill for services; diagnosis or
4prognosis; prescription; hospital, medical, or dental chart or
5other record, x-ray, photograph, videotape, or movie film; test
6result; other evidence of loss, injury, or expense;
7computer-generated document; and data in any form.
8    "Universal Price Code Label" means a unique symbol that
9consists of a machine-readable code and human-readable
10numbers.
11    "With intent to defraud" means to act knowingly, and with
12the specific intent to deceive or cheat, for the purpose of
13causing financial loss to another or bringing some financial
14gain to oneself, regardless of whether any person was actually
15defrauded or deceived. This includes an intent to cause another
16to assume, create, transfer, alter, or terminate any right,
17obligation, or power with reference to any person or property.
 
18    (720 ILCS 5/Art. 17, Subdiv. 5 heading new)
19
SUBDIVISION 5. DECEPTION

 
20    (720 ILCS 5/17-1)  (from Ch. 38, par. 17-1)
21    Sec. 17-1. Deceptive practices.
22(A) Definitions.
23    As used in this Section:
24        (i) "Financial institution" means any bank, savings

 

 

SB1310 Engrossed- 1027 -LRB096 09456 RLC 19613 b

1    and loan association, credit union, or other depository of
2    money, or medium of savings and collective investment.
3        (ii) An "account holder" is any person having a
4    checking account or savings account in a financial
5    institution.
6        (iii) To act with the "intent to defraud" means to act
7    wilfully, and with the specific intent to deceive or cheat,
8    for the purpose of causing financial loss to another, or to
9    bring some financial gain to oneself. It is not necessary
10    to establish that any person was actually defrauded or
11    deceived.
 
12(A) (B) General deception Deception.
13    A person commits a deceptive practice when, with intent to
14defraud, the person does any of the following:
15        (1) (a) He or she knowingly causes another, by
16    deception or threat, to execute a document disposing of
17    property or a document by which a pecuniary obligation is
18    incurred.
19        (2) (b) Being an officer, manager or other person
20    participating in the direction of a financial institution,
21    he or she knowingly receives or permits the receipt of a
22    deposit or other investment, knowing that the institution
23    is insolvent.
24        (3) (c) He or she knowingly makes or directs another to
25    make a false or deceptive statement addressed to the public

 

 

SB1310 Engrossed- 1028 -LRB096 09456 RLC 19613 b

1    for the purpose of promoting the sale of property or
2    services.
 
3(B) Bad checks.
4    A person commits a deceptive practice when:
5        (1) (d) With intent to obtain control over property or
6    to pay for property, labor or services of another, or in
7    satisfaction of an obligation for payment of tax under the
8    Retailers' Occupation Tax Act or any other tax due to the
9    State of Illinois, he or she issues or delivers a check or
10    other order upon a real or fictitious depository for the
11    payment of money, knowing that it will not be paid by the
12    depository. The trier of fact may infer that the defendant
13    knows that the check or other order will not be paid by the
14    depository and that the defendant has acted with intent to
15    defraud when the defendant fails Failure to have sufficient
16    funds or credit with the depository when the check or other
17    order is issued or delivered, or when such check or other
18    order is presented for payment and dishonored on each of 2
19    occasions at least 7 days apart, is prima facie evidence
20    that the offender knows that it will not be paid by the
21    depository, and that he or she has the intent to defraud.
22    In this paragraph (B)(1) (d), "property" includes rental
23    property (real or personal).
24        (2) (e) He or she issues or delivers a check or other
25    order upon a real or fictitious depository in an amount

 

 

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1    exceeding $150 in payment of an amount owed on any credit
2    transaction for property, labor or services, or in payment
3    of the entire amount owed on any credit transaction for
4    property, labor or services, knowing that it will not be
5    paid by the depository, and thereafter fails to provide
6    funds or credit with the depository in the face amount of
7    the check or order within 7 days of receiving actual notice
8    from the depository or payee of the dishonor of the check
9    or order.
10Sentence.
11    A person convicted of a deceptive practice under paragraph
12(a), (b), (c), (d), or (e) of this subsection (B), except as
13otherwise provided by this Section, is guilty of a Class A
14misdemeanor.
15    A person convicted of a deceptive practice in violation of
16paragraph (d) a second or subsequent time shall be guilty of a
17Class 4 felony.
18    A person convicted of deceptive practices in violation of
19paragraph (a) or (d), when the value of the property so
20obtained, in a single transaction, or in separate transactions
21within a 90 day period, exceeds $150, shall be guilty of a
22Class 4 felony. In the case of a prosecution for separate
23transactions totaling more than $150 within a 90 day period,
24such separate transactions shall be alleged in a single charge
25and provided in a single prosecution.
 

 

 

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1(C) Bank-related fraud Deception on a Bank or Other Financial
2Institution.
3    (1) False statement Statements.
4    A person commits false statement bank fraud if he or she
5Any person who, with the intent to defraud, makes or causes to
6be made any false statement in writing in order to obtain an
7account with a bank or other financial institution, or to
8obtain credit from a bank or other financial institution, or to
9obtain services from a currency exchange, knowing such writing
10to be false, and with the intent that it be relied upon, is
11guilty of a Class A misdemeanor.
12    For purposes of this subsection (C), a false statement
13means shall mean any false statement representing identity,
14address, or employment, or the identity, address, or employment
15of any person, firm, or corporation.
16    (2) Possession of stolen or fraudulently obtained checks
17Stolen or Fraudulently Obtained Checks.
18    A person commits possession of stolen or fraudulently
19obtained checks when he or she Any person who possesses, with
20the intent to obtain access to funds of another person held in
21a real or fictitious deposit account at a financial
22institution, makes a false statement or a misrepresentation to
23the financial institution, or possesses, transfers,
24negotiates, or presents for payment a check, draft, or other
25item purported to direct the financial institution to withdraw
26or pay funds out of the account holder's deposit account with

 

 

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1knowledge that such possession, transfer, negotiation, or
2presentment is not authorized by the account holder or the
3issuing financial institution is guilty of a Class A
4misdemeanor. A person shall be deemed to have been authorized
5to possess, transfer, negotiate, or present for payment such
6item if the person was otherwise entitled by law to withdraw or
7recover funds from the account in question and followed the
8requisite procedures under the law. If In the event that the
9account holder, upon discovery of the withdrawal or payment,
10claims that the withdrawal or payment was not authorized, the
11financial institution may require the account holder to submit
12an affidavit to that effect on a form satisfactory to the
13financial institution before the financial institution may be
14required to credit the account in an amount equal to the amount
15or amounts that were withdrawn or paid without authorization.
16    Any person who, within any 12 month period, violates this
17Section with respect to 3 or more checks or orders for the
18payment of money at the same time or consecutively, each the
19property of a different account holder or financial
20institution, is guilty of a Class 4 felony.
21    (3) Possession of implements of check fraud Implements of
22Check Fraud.
23    A person commits possession of implements of check fraud
24when he or she Any person who possesses, with the intent to
25defraud and without the authority of the account holder or
26financial institution, any check imprinter, signature

 

 

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1imprinter, or "certified" stamp is guilty of a Class A
2misdemeanor.
 
3    (D) Sentence.
4        (1) The commission of a deceptive practice in violation
5    of this Section, except as otherwise provided by this
6    subsection (D), is a Class A misdemeanor.
7        (2) For purposes of paragraphs (A)(1) and (B)(1):
8            (a) The commission of a deceptive practice in
9        violation of paragraph (A)(1) or (B)(1), when the value
10        of the property so obtained, in a single transaction or
11        in separate transactions within a 90-day period,
12        exceeds $150, is a Class 4 felony. In the case of a
13        prosecution for separate transactions totaling more
14        than $150 within a 90-day period, those separate
15        transactions shall be alleged in a single charge and
16        prosecuted in a single prosecution.
17            (b) The commission of a deceptive practice in
18        violation of paragraph (B)(1) a second or subsequent
19        time is a Class 4 felony.
20        (3) For purposes of paragraph (C)(2), a person who,
21    within any 12-month period, violates paragraph (C)(2) with
22    respect to 3 or more checks or orders for the payment of
23    money at the same time or consecutively, each the property
24    of a different account holder or financial institution, is
25    guilty of a Class 4 felony.

 

 

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1        (4) For purposes of paragraph (C)(3), a person who
2    within any 12-month period violates paragraph (C)(3) as to
3    possession of 3 or more such devices at the same time or
4    consecutively is guilty of a Class 4 felony.
 
5    (E) Civil liability. A person who issues a check or order
6to a payee in violation of paragraph (B)(1) and who fails to
7pay the amount of the check or order to the payee within 30
8days following either delivery and acceptance by the addressee
9of a written demand both by certified mail and by first class
10mail to the person's last known address or attempted delivery
11of a written demand sent both by certified mail and by first
12class mail to the person's last known address and the demand by
13certified mail is returned to the sender with a notation that
14delivery was refused or unclaimed shall be liable to the payee
15or a person subrogated to the rights of the payee for, in
16addition to the amount owing upon such check or order, damages
17of treble the amount so owing, but in no case less than $100
18nor more than $1,500, plus attorney's fees and court costs. An
19action under this subsection (E) may be brought in small claims
20court or in any other appropriate court. As part of the written
21demand required by this subsection (E), the plaintiff shall
22provide written notice to the defendant of the fact that prior
23to the hearing of any action under this subsection (E), the
24defendant may tender to the plaintiff and the plaintiff shall
25accept, as satisfaction of the claim, an amount of money equal

 

 

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1to the sum of the amount of the check and the incurred court
2costs, including the cost of service of process, and attorney's
3fees.
4    A person who within any 12 month period violates this
5subsection (C) as to possession of 3 or more such devices at
6the same time or consecutively, is guilty of a Class 4 felony.
7    (4) Possession of Identification Card.
8    Any person who, with the intent to defraud, possesses any
9check guarantee card or key card or identification card for
10cash dispensing machines without the authority of the account
11holder or financial institution is guilty of a Class A
12misdemeanor.
13    A person who, within any 12 month period, violates this
14Section at the same time or consecutively with respect to 3 or
15more cards, each the property of different account holders, is
16guilty of a Class 4 felony.
17    A person convicted under this Section, when the value of
18property so obtained, in a single transaction, or in separate
19transactions within any 90 day period, exceeds $150 shall be
20guilty of a Class 4 felony.
21(Source: P.A. 96-1432, eff. 1-1-11.)
 
22    (720 ILCS 5/17-1b)
23    Sec. 17-1b. State's Attorney's bad check diversion
24program.
25    (a) In this Section:

 

 

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1    "Offender" means a person charged with, or for whom
2probable cause exists to charge the person with, deceptive
3practices.
4    "Pretrial diversion" means the decision of a prosecutor to
5refer an offender to a diversion program on condition that the
6criminal charges against the offender will be dismissed after a
7specified period of time, or the case will not be charged, if
8the offender successfully completes the program.
9    "Restitution" means all amounts payable to a victim of
10deceptive practices under the bad check diversion program
11created under this Section, including the amount of the check
12and any transaction fees payable to a victim as set forth in
13subsection (g) but does not include amounts recoverable under
14Section 3-806 of the Uniform Commercial Code and subsection (E)
15of Section 17-1 17-1a of this Code.
16    (b) A State's Attorney may create within his or her office
17a bad check diversion program for offenders who agree to
18voluntarily participate in the program instead of undergoing
19prosecution. The program may be conducted by the State's
20Attorney or by a private entity under contract with the State's
21Attorney. If the State's Attorney contracts with a private
22entity to perform any services in operating the program, the
23entity shall operate under the supervision, direction, and
24control of the State's Attorney. Any private entity providing
25services under this Section is not a "collection agency" as
26that term is defined under the Collection Agency Act.

 

 

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1    (c) If an offender is referred to the State's Attorney, the
2State's Attorney may determine whether the offender is
3appropriate for acceptance in the program. The State's Attorney
4may consider, but shall not be limited to consideration of, the
5following factors:
6        (1) the amount of the check that was drawn or passed;
7        (2) prior referrals of the offender to the program;
8        (3) whether other charges of deceptive practices are
9    pending against the offender;
10        (4) the evidence presented to the State's Attorney
11    regarding the facts and circumstances of the incident;
12        (5) the offender's criminal history; and
13        (6) the reason the check was dishonored by the
14    financial institution.
15    (d) The bad check diversion program may require an offender
16to do one or more of the following:
17        (i) pay for, at his or her own expense, and
18    successfully complete an educational class held by the
19    State's Attorney or a private entity under contract with
20    the State's Attorney;
21        (ii) make full restitution for the offense;
22        (iii) pay a per-check administrative fee as set forth
23    in this Section.
24    (e) If an offender is diverted to the program, the State's
25Attorney shall agree in writing not to prosecute the offender
26upon the offender's successful completion of the program

 

 

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1conditions. The State's Attorney's agreement to divert the
2offender shall specify the offenses that will not be prosecuted
3by identifying the checks involved in the transactions.
4    (f) The State's Attorney, or private entity under contract
5with the State's Attorney, may collect a fee from an offender
6diverted to the State's Attorney's bad check diversion program.
7This fee may be deposited in a bank account maintained by the
8State's Attorney for the purpose of depositing fees and paying
9the expenses of the program or for use in the enforcement and
10prosecution of criminal laws. The State's Attorney may require
11that the fee be paid directly to a private entity that
12administers the program under a contract with the State's
13Attorney. The amount of the administrative fees collected by
14the State's Attorney under the program may not exceed $35 per
15check. The county board may, however, by ordinance, increase
16the fees allowed by this Section if the increase is justified
17by an acceptable cost study showing that the fees allowed by
18this Section are not sufficient to cover the cost of providing
19the service.
20    (g)  (1) The private entity shall be required to maintain
21    adequate general liability insurance of $1,000,000 per
22    occurrence as well as adequate coverage for potential loss
23    resulting from employee dishonesty. The State's Attorney
24    may require a surety bond payable to the State's Attorney
25    if in the State's Attorney's opinion it is determined that
26    the private entity is not adequately insured or funded.

 

 

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1        (2)  (A) Each private entity that has a contract with
2        the State's Attorney to conduct a bad check diversion
3        program shall at all times maintain a separate bank
4        account in which all moneys received from the offenders
5        participating in the program shall be deposited,
6        referred to as a "trust account" "Trust Account",
7        except that negotiable instruments received may be
8        forwarded directly to a victim of the deceptive
9        practice committed by the offender if that procedure is
10        provided for by a writing executed by the victim.
11        Moneys received shall be so deposited within 5 business
12        days after posting to the private entity's books of
13        account. There shall be sufficient funds in the trust
14        account at all times to pay the victims the amount due
15        them.
16            (B) The trust account shall be established in a
17        financial institution bank, savings and loan
18        association, or other recognized depository which is
19        federally or State insured or otherwise secured as
20        defined by rule. If the account is interest bearing,
21        the private entity shall pay to the victim interest
22        earned on funds on deposit after the 60th day.
23            (C) Each private entity shall keep on file the name
24        of the financial institution bank, savings and loan
25        association, or other recognized depository in which
26        each trust account is maintained, the name of each

 

 

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1        trust account, and the names of the persons authorized
2        to withdraw funds from each account. The private
3        entity, within 30 days of the time of a change of
4        depository or person authorized to make withdrawal,
5        shall update its files to reflect that change. An
6        examination and audit of a private entity's trust
7        accounts may be made by the State's Attorney as the
8        State's Attorney deems appropriate. A trust account
9        financial report shall be submitted annually on forms
10        acceptable to the State's Attorney.
11        (3) The State's Attorney may cancel a contract entered
12    into with a private entity under this Section for any one
13    or any combination of the following causes:
14            (A) Conviction of the private entity or the
15        principals of the private entity of any crime under the
16        laws of any U.S. jurisdiction which is a felony, a
17        misdemeanor an essential element of which is
18        dishonesty, or of any crime which directly relates to
19        the practice of the profession.
20            (B) A determination that the private entity has
21        engaged in conduct prohibited in item (4).
22        (4) The State's Attorney may determine whether the
23    private entity has engaged in the following prohibited
24    conduct:
25            (A) Using or threatening to use force or violence
26        to cause physical harm to an offender, his or her

 

 

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1        family, or his or her property.
2            (B) Threatening the seizure, attachment, or sale
3        of an offender's property where such action can only be
4        taken pursuant to court order without disclosing that
5        prior court proceedings are required.
6            (C) Disclosing or threatening to disclose
7        information adversely affecting an offender's
8        reputation for creditworthiness with knowledge the
9        information is false.
10            (D) Initiating or threatening to initiate
11        communication with an offender's employer unless there
12        has been a default of the payment of the obligation for
13        at least 30 days and at least 5 days prior written
14        notice, to the last known address of the offender, of
15        the intention to communicate with the employer has been
16        given to the employee, except as expressly permitted by
17        law or court order.
18            (E) Communicating with the offender or any member
19        of the offender's family at such a time of day or night
20        and with such frequency as to constitute harassment of
21        the offender or any member of the offender's family.
22        For purposes of this clause (E) the following conduct
23        shall constitute harassment:
24                (i) Communicating with the offender or any
25            member of his or her family at any unusual time or
26            place or a time or place known or which should be

 

 

SB1310 Engrossed- 1041 -LRB096 09456 RLC 19613 b

1            known to be inconvenient to the offender. In the
2            absence of knowledge of circumstances to the
3            contrary, a private entity shall assume that the
4            convenient time for communicating with a consumer
5            is after 8 o'clock a.m. and before 9 o'clock p.m.
6            local time at the offender's residence.
7                (ii) The threat of publication or publication
8            of a list of offenders who allegedly refuse to pay
9            restitution, except by the State's Attorney.
10                (iii) The threat of advertisement or
11            advertisement for sale of any restitution to
12            coerce payment of the restitution.
13                (iv) Causing a telephone to ring or engaging
14            any person in telephone conversation repeatedly or
15            continuously with intent to annoy, abuse, or
16            harass any person at the called number.
17                (v) Using profane, obscene or abusive language
18            in communicating with an offender, his or her
19            family, or others.
20                (vi) Disclosing or threatening to disclose
21            information relating to a offender's case to any
22            other person except the victim and appropriate law
23            enforcement personnel.
24                (vii) Disclosing or threatening to disclose
25            information concerning the alleged criminal act
26            which the private entity knows to be reasonably

 

 

SB1310 Engrossed- 1042 -LRB096 09456 RLC 19613 b

1            disputed by the offender without disclosing the
2            fact that the offender disputes the accusation.
3                (viii) Engaging in any conduct which the
4            State's Attorney finds was intended to cause and
5            did cause mental or physical illness to the
6            offender or his or her family.
7                (ix) Attempting or threatening to enforce a
8            right or remedy with knowledge or reason to know
9            that the right or remedy does not exist.
10                (x) Except as authorized by the State's
11            Attorney, using any form of communication which
12            simulates legal or judicial process or which gives
13            the appearance of being authorized, issued or
14            approved by a governmental agency or official or by
15            an attorney at law when it is not.
16                (xi) Using any badge, uniform, or other
17            indicia of any governmental agency or official,
18            except as authorized by law or by the State's
19            Attorney.
20                (xii) Except as authorized by the State's
21            Attorney, conducting business under any name or in
22            any manner which suggests or implies that the
23            private entity is bonded if such private entity is
24            or is a branch of or is affiliated with any
25            governmental agency or court if such private
26            entity is not.

 

 

SB1310 Engrossed- 1043 -LRB096 09456 RLC 19613 b

1                (xiii) Misrepresenting the amount of the
2            restitution alleged to be owed.
3                (xiv) Except as authorized by the State's
4            Attorney, representing that an existing
5            restitution amount may be increased by the
6            addition of attorney's fees, investigation fees,
7            or any other fees or charges when those fees or
8            charges may not legally be added to the existing
9            restitution.
10                (xv) Except as authorized by the State's
11            Attorney, representing that the private entity is
12            an attorney at law or an agent for an attorney if
13            the entity is not.
14                (xvi) Collecting or attempting to collect any
15            interest or other charge or fee in excess of the
16            actual restitution or claim unless the interest or
17            other charge or fee is expressly authorized by the
18            State's Attorney, who shall determine what
19            constitutes a reasonable collection fee.
20                (xvii) Communicating or threatening to
21            communicate with an offender when the private
22            entity is informed in writing by an attorney that
23            the attorney represents the offender concerning
24            the claim, unless authorized by the attorney. If
25            the attorney fails to respond within a reasonable
26            period of time, the private entity may communicate

 

 

SB1310 Engrossed- 1044 -LRB096 09456 RLC 19613 b

1            with the offender. The private entity may
2            communicate with the offender when the attorney
3            gives his consent.
4                (xviii) Engaging in dishonorable, unethical,
5            or unprofessional conduct of a character likely to
6            deceive, defraud, or harm the public.
7        (5) The State's Attorney shall audit the accounts of
8    the bad check diversion program after notice in writing to
9    the private entity.
10        (6) Any information obtained by a private entity that
11    has a contract with the State's Attorney to conduct a bad
12    check diversion program is confidential information
13    between the State's Attorney and the private entity and may
14    not be sold or used for any other purpose but may be shared
15    with other authorized law enforcement agencies as
16    determined by the State's Attorney.
17    (h) The State's Attorney, or private entity under contract
18with the State's Attorney, shall recover, in addition to the
19face amount of the dishonored check or draft, a transaction fee
20to defray the costs and expenses incurred by a victim who
21received a dishonored check that was made or delivered by the
22offender. The face amount of the dishonored check or draft and
23the transaction fee shall be paid by the State's Attorney or
24private entity under contract with the State's Attorney to the
25victim as restitution for the offense. The amount of the
26transaction fee must not exceed: $25 if the face amount of the

 

 

SB1310 Engrossed- 1045 -LRB096 09456 RLC 19613 b

1check or draft does not exceed $100; $30 if the face amount of
2the check or draft is greater than $100 but does not exceed
3$250; $35 if the face amount of the check or draft is greater
4than $250 but does not exceed $500; $40 if the face amount of
5the check or draft is greater than $500 but does not exceed
6$1,000; and $50 if the face amount of the check or draft is
7greater than $1,000.
8    (i) The offender, if aggrieved by an action of the private
9entity contracted to operate a bad check diversion program, may
10submit a grievance to the State's Attorney who may then resolve
11the grievance. The private entity must give notice to the
12offender that the grievance procedure is available. The
13grievance procedure shall be established by the State's
14Attorney.
15(Source: P.A. 95-41, eff. 1-1-08.)
 
16    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
17    Sec. 17-2. False personation; use of title; solicitation;
18certain entities.
19    (a) False personation; solicitation.
20        (1) A person commits a false personation when he or she
21    knowingly and falsely represents himself or herself to be a
22    member or representative of any veterans' or public safety
23    personnel organization or a representative of any
24    charitable organization, or when he or she knowingly any
25    person exhibits or uses in any manner any decal, badge or

 

 

SB1310 Engrossed- 1046 -LRB096 09456 RLC 19613 b

1    insignia of any charitable, public safety personnel, or
2    veterans' organization when not authorized to do so by the
3    charitable, public safety personnel, or veterans'
4    organization. "Public safety personnel organization" has
5    the meaning ascribed to that term in Section 1 of the
6    Solicitation for Charity Act.
7        (2) (a-5) A person commits a false personation when he
8    or she knowingly and falsely represents himself or herself
9    to be a veteran in seeking employment or public office. In
10    this paragraph subsection, "veteran" means a person who has
11    served in the Armed Services or Reserve Forces of the
12    United States.
13    (a-6) A person commits a false personation when he or she
14falsely represents himself or herself to be a recipient of, or
15wears on his or her person, any of the following medals if that
16medal was not awarded to that person by the United States
17government, irrespective of branch of service: the
18Congressional Medal of Honor, the Distinguished Service Cross,
19the Navy Cross, the Air Force Cross, the Silver Star, the
20Bronze Star, or the Purple Heart.
21    It is a defense to a prosecution under this subsection
22(a-6) that the medal is used, or is intended to be used,
23exclusively:
24        (1) for a dramatic presentation, such as a theatrical,
25    film, or television production, or a historical
26    re-enactment; or

 

 

SB1310 Engrossed- 1047 -LRB096 09456 RLC 19613 b

1        (2) for a costume worn, or intended to be worn, by a
2    person under 18 years of age.
3        (3) (b) No person shall knowingly use the words
4    "Chicago Police,", "Chicago Police Department,", "Chicago
5    Patrolman,", "Chicago Sergeant,", "Chicago Lieutenant,",
6    "Chicago Peace Officer", "Sheriff's Police", "Sheriff",
7    "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy
8    Sheriff", "State Police", or any other words to the same
9    effect (i) in the title of any organization, magazine, or
10    other publication without the express approval of the named
11    public safety personnel organization's governing board or
12    (ii) in combination with the name of any state, state
13    agency, public university, or unit of local government
14    without the express written authorization of that state,
15    state agency, public university, or unit of local
16    government Chicago Police Board.
17    (b-5) No person shall use the words "Cook County Sheriff's
18Police" or "Cook County Sheriff" or any other words to the same
19effect in the title of any organization, magazine, or other
20publication without the express approval of the office of the
21Cook County Sheriff's Merit Board. The references to names and
22titles in this Section may not be construed as authorizing use
23of the names and titles of other organizations or public safety
24personnel organizations otherwise prohibited by this Section
25or the Solicitation for Charity Act.
26    (b-10) No person may use, in the title of any organization,

 

 

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1magazine, or other publication, the words "officer", "peace
2officer", "police", "law enforcement", "trooper", "sheriff",
3"deputy", "deputy sheriff", or "state police" in combination
4with the name of any state, state agency, public university, or
5unit of local government without the express written
6authorization of that state, state agency, or unit of local
7government.
8    (c) (Blank).
9        (4) (c-1) No person may knowingly claim or represent
10    that he or she is acting on behalf of any public safety
11    personnel organization police department, chief of a
12    police department, fire department, chief of a fire
13    department, sheriff's department, or sheriff when
14    soliciting financial contributions or selling or
15    delivering or offering to sell or deliver any merchandise,
16    goods, services, memberships, or advertisements unless the
17    chief of the police department, fire department, and the
18    corporate or municipal authority thereof, or the sheriff
19    has first entered into a written agreement with the person
20    or with an organization with which the person is affiliated
21    and the agreement permits the activity and specifies and
22    states clearly and fully the purpose for which the proceeds
23    of the solicitation, contribution, or sale will be used.
24        (5) (c-2) No person, when soliciting financial
25    contributions or selling or delivering or offering to sell
26    or deliver any merchandise, goods, services, memberships,

 

 

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1    or advertisements may claim or represent that he or she is
2    representing or acting on behalf of any nongovernmental
3    organization by any name which includes "officer", "peace
4    officer", "police", "law enforcement", "trooper",
5    "sheriff", "deputy", "deputy sheriff", "State police", or
6    any other word or words which would reasonably be
7    understood to imply that the organization is composed of
8    law enforcement personnel unless:
9            (A) the person is actually representing or acting
10        on behalf of the nongovernmental organization; , and
11            (B) the nongovernmental organization is controlled
12        by and governed by a membership of and represents a
13        group or association of active duty peace officers,
14        retired peace officers, or injured peace officers; and
15            (C) before commencing the solicitation or the sale
16        or the offers to sell any merchandise, goods, services,
17        memberships, or advertisements, a written contract
18        between the soliciting or selling person and the
19        nongovernmental organization, which specifies and
20        states clearly and fully the purposes for which the
21        proceeds of the solicitation, contribution, or sale
22        will be used, has been entered into.
23    (c-3) No person may solicit financial contributions or sell
24or deliver or offer to sell or deliver any merchandise, goods,
25services, memberships, or advertisements on behalf of a police,
26sheriff, or other law enforcement department unless that person

 

 

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1is actually representing or acting on behalf of the department
2or governmental organization and has entered into a written
3contract with the police chief, or head of the law enforcement
4department, and the corporate or municipal authority thereof,
5or the sheriff, which specifies and states clearly and fully
6the purposes for which the proceeds of the solicitation,
7contribution, or sale will be used.
8        (6) (c-4) No person, when soliciting financial
9    contributions or selling or delivering or offering to sell
10    or deliver any merchandise, goods, services, memberships,
11    or advertisements, may knowingly claim or represent that he
12    or she is representing or acting on behalf of any
13    nongovernmental organization by any name which includes
14    the term "fireman", "fire fighter", "paramedic", or any
15    other word or words which would reasonably be understood to
16    imply that the organization is composed of fire fighter or
17    paramedic personnel unless:
18            (A) the person is actually representing or acting
19        on behalf of the nongovernmental organization; , and
20            (B) the nongovernmental organization is controlled
21        by and governed by a membership of and represents a
22        group or association of active duty, retired, or
23        injured fire fighters (for the purposes of this
24        Section, "fire fighter" has the meaning ascribed to
25        that term in Section 2 of the Illinois Fire Protection
26        Training Act) or active duty, retired, or injured

 

 

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1        emergency medical technicians - ambulance, emergency
2        medical technicians - intermediate, emergency medical
3        technicians - paramedic, ambulance drivers, or other
4        medical assistance or first aid personnel; , and
5            (C) before commencing the solicitation or the sale
6        or delivery or the offers to sell or deliver any
7        merchandise, goods, services, memberships, or
8        advertisements, the soliciting or selling person and
9        the nongovernmental organization have entered into a
10        written contract that specifies and states clearly and
11        fully the purposes for which the proceeds of the
12        solicitation, contribution, or sale will be used a
13        written contract between the soliciting or selling
14        person and the nongovernmental organization has been
15        entered into.
16    (c-5) No person may solicit financial contributions or sell
17or deliver or offer to sell or deliver any merchandise, goods,
18services, memberships, or advertisements on behalf of a
19department or departments of fire fighters unless that person
20is actually representing or acting on behalf of the department
21or departments and has entered into a written contract with the
22department chief and corporate or municipal authority thereof
23which specifies and states clearly and fully the purposes for
24which the proceeds of the solicitation, contribution, or sale
25will be used.
26        (7) (c-6) No person may knowingly claim or represent

 

 

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1    that he or she is an airman, airline employee, airport
2    employee, or contractor at an airport in order to obtain
3    the uniform, identification card, license, or other
4    identification paraphernalia of an airman, airline
5    employee, airport employee, or contractor at an airport.
6        (8) No person, firm, copartnership, or corporation
7    (except corporations organized and doing business under
8    the Pawners Societies Act) shall knowingly use a name that
9    contains in it the words "Pawners' Society".
10    (b) False personation; judicial process. A person commits a
11false personation if he or she knowingly and falsely represents
12himself or herself to be any of the following:
13        (1) An attorney authorized to practice law for purposes
14    of compensation or consideration. This paragraph (b)(1)
15    does not apply to a person who unintentionally fails to pay
16    attorney registration fees established by Supreme Court
17    Rule.
18        (2) A public officer or a public employee or an
19    official or employee of the federal government.
20        (2.3) A public officer, a public employee, or an
21    official or employee of the federal government, and the
22    false representation is made in furtherance of the
23    commission of felony.
24        (2.7) A public officer or a public employee, and the
25    false representation is for the purpose of effectuating
26    identity theft as defined in Section 16G-15 of this Code.

 

 

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1        (3) A peace officer.
2        (4) A peace officer while carrying a deadly weapon.
3        (5) A peace officer in attempting or committing a
4    felony.
5        (6) A peace officer in attempting or committing a
6    forcible felony.
7        (7) The parent, legal guardian, or other relation of a
8    minor child to any public official, public employee, or
9    elementary or secondary school employee or administrator.
10        (8) A fire fighter.
11        (9) A fire fighter while carrying a deadly weapon.
12        (10) A fire fighter in attempting or committing a
13    felony.
14        (11) An emergency management worker of any
15    jurisdiction in this State.
16        (12) An emergency management worker of any
17    jurisdiction in this State in attempting or committing a
18    felony. For the purposes of this subsection (b), "emergency
19    management worker" has the meaning provided under Section
20    2-6.6 of this Code.
21    (c) Fraudulent advertisement of a corporate name.
22        (1) A company, association, or individual commits
23    fraudulent advertisement of a corporate name if he, she, or
24    it, not being incorporated, puts forth a sign or
25    advertisement and assumes, for the purpose of soliciting
26    business, a corporate name.

 

 

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1        (2) Nothing contained in this subsection (c) prohibits
2    a corporation, company, association, or person from using a
3    divisional designation or trade name in conjunction with
4    its corporate name or assumed name under Section 4.05 of
5    the Business Corporation Act of 1983 or, if it is a member
6    of a partnership or joint venture, from doing partnership
7    or joint venture business under the partnership or joint
8    venture name. The name under which the joint venture or
9    partnership does business may differ from the names of the
10    members. Business may not be conducted or transacted under
11    that joint venture or partnership name, however, unless all
12    provisions of the Assumed Business Name Act have been
13    complied with. Nothing in this subsection (c) permits a
14    foreign corporation to do business in this State without
15    complying with all Illinois laws regulating the doing of
16    business by foreign corporations. No foreign corporation
17    may conduct or transact business in this State as a member
18    of a partnership or joint venture that violates any
19    Illinois law regulating or pertaining to the doing of
20    business by foreign corporations in Illinois.
21        (3) The provisions of this subsection (c) do not apply
22    to limited partnerships formed under the Revised Uniform
23    Limited Partnership Act or under the Uniform Limited
24    Partnership Act (2001).
25    (d) False law enforcement badges.
26        (1) A person commits false law enforcement badges if he

 

 

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1    or she knowingly produces, sells, or distributes a law
2    enforcement badge without the express written consent of
3    the law enforcement agency represented on the badge or, in
4    case of a reorganized or defunct law enforcement agency,
5    its successor law enforcement agency.
6        (2) It is a defense to false law enforcement badges
7    that the law enforcement badge is used or is intended to be
8    used exclusively: (i) as a memento or in a collection or
9    exhibit; (ii) for decorative purposes; or (iii) for a
10    dramatic presentation, such as a theatrical, film, or
11    television production.
12    (e) False medals.
13        (1) A person commits a false personation if he or she
14    knowingly and falsely represents himself or herself to be a
15    recipient of, or wears on his or her person, any of the
16    following medals if that medal was not awarded to that
17    person by the United States Government, irrespective of
18    branch of service: The Congressional Medal of Honor, The
19    Distinguished Service Cross, The Navy Cross, The Air Force
20    Cross, The Silver Star, The Bronze Star, or the Purple
21    Heart.
22        (2) It is a defense to a prosecution under paragraph
23    (e)(1) that the medal is used, or is intended to be used,
24    exclusively:
25            (A) for a dramatic presentation, such as a
26        theatrical, film, or television production, or a

 

 

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1        historical re-enactment; or
2            (B) for a costume worn, or intended to be worn, by
3        a person under 18 years of age.
4    (f) Sentence.
5        (1) A violation of paragraph (a)(8) is a petty offense
6    subject to a fine of not less than $5 nor more than $100,
7    and the person, firm, copartnership, or corporation
8    commits an additional petty offense for each day he, she,
9    or it continues to commit the violation. A violation of
10    paragraph (c)(1) is a petty offense, and the company,
11    association, or person commits an additional petty offense
12    for each day he, she, or it continues to commit the
13    violation. A violation of subsection (e) is a petty offense
14    for which the offender shall be fined at least $100 and not
15    more than $200.
16        (2) A violation of paragraph (a)(1) or (a)(3) is a
17    Class C misdemeanor.
18        (3) A violation of paragraph (a)(2), (a)(7), (b)(2), or
19    (b)(7) or subsection (d) is a Class A misdemeanor. A second
20    or subsequent violation of subsection (d) is a Class 3
21    felony.
22        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
23    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
24    Class 4 felony.
25        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
26    is a Class 3 felony.

 

 

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1        (6) A violation of paragraph (b)(5) or (b)(10) is a
2    Class 2 felony.
3        (7) A violation of paragraph (b)(6) is a Class 1
4    felony.
5    (d) Sentence. False personation, unapproved use of a name
6or title, or solicitation in violation of subsection (a), (b),
7(b-5), or (b-10) of this Section is a Class C misdemeanor.
8False personation in violation of subsections (a-5) and (c-6)
9is a Class A misdemeanor. False personation in violation of
10subsection (a-6) of this Section is a petty offense for which
11the offender shall be fined at least $100 and not exceeding
12$200. Engaging in any activity in violation of subsection
13(c-1), (c-2), (c-3), (c-4), or (c-5) of this Section is a Class
144 felony.
15(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
 
16    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)
17    Sec. 17-3. Forgery.
18    (a) A person commits forgery when, with intent to defraud,
19he or she knowingly:
20        (1) makes or alters any document apparently capable of
21    defrauding another in such manner that it purports to have
22    been made by another or at another time, or with different
23    provisions, or by authority of one who did not give such
24    authority; or
25        (2) issues or delivers such document knowing it to have

 

 

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1    been thus made or altered; or
2        (3) possesses, with intent to issue or deliver, any
3    such document knowing it to have been thus made or altered;
4    or
5        (4) unlawfully uses the digital signature, as defined
6    in the Financial Institutions Electronic Documents and
7    Digital Signature Act, of another; or
8        (5) unlawfully uses the signature device of another to
9    create an electronic signature of that other person, as
10    those terms are defined in the Electronic Commerce Security
11    Act.
12    (b) (Blank). An intent to defraud means an intention to
13cause another to assume, create, transfer, alter or terminate
14any right, obligation or power with reference to any person or
15property. As used in this Section, "document" includes, but is
16not limited to, any document, representation, or image produced
17manually, electronically, or by computer.
18    (c) A document apparently capable of defrauding another
19includes, but is not limited to, one by which any right,
20obligation or power with reference to any person or property
21may be created, transferred, altered or terminated. A document
22includes any record or electronic record as those terms are
23defined in the Electronic Commerce Security Act. For purposes
24of this Section, a document also includes a Universal Price
25Code Label or coin.
26    (d) Sentence.

 

 

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1        (1) Except as provided in paragraphs (2) and (3),
2    forgery Forgery is a Class 3 felony.
3        (2) Forgery is a Class 4 felony when only one Universal
4    Price Code Label is forged.
5        (3) Forgery is a Class A misdemeanor when an academic
6    degree or coin is forged.
7    (e) It is not a violation of this Section if a false
8academic degree explicitly states "for novelty purposes only".
9(Source: P.A. 94-458, eff. 8-4-05.)
 
10    (720 ILCS 5/17-3.5 new)
11    Sec. 17-3.5. Deceptive sale of gold or silver.
12    (a) Whoever makes for sale, or sells, or offers to sell or
13dispose of, or has in his or her possession with intent to sell
14or dispose of, any article or articles construed in whole or in
15part, of gold or any alloy or imitation thereof, having thereon
16or on any box, package, cover, wrapper or other thing enclosing
17or encasing such article or articles for sale, any stamp,
18brand, engraving, printed label, trade mark, imprint or other
19mark, indicating or designed, or intended to indicate, that the
20gold, alloy or imitation thereof, in such article or articles,
21is different from or better than the actual kind and quality of
22such gold, alloy or imitation, shall be guilty of a petty
23offense and shall be fined in any sum not less than $50 nor
24more than $100.
25    (b) Whoever makes for sale, sells or offers to sell or

 

 

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1dispose of or has in his or her possession, with intent to sell
2or dispose of, any article or articles constructed in whole or
3in part of silver or any alloy or imitation thereof, having
4thereon--or on any box, package, cover, wrapper or other thing
5enclosing or encasing such article or articles for sale--any
6stamp, brand, engraving, printed label, trademark, imprint or
7other mark, containing the words "sterling" or "sterling
8silver," referring, or designed or intended to refer, to the
9silver, alloy or imitation thereof in such article or articles,
10when such silver, alloy or imitation thereof shall contain less
11than nine hundred and twenty-five one-thousandths thereof of
12pure silver, shall be guilty of a petty offense and shall be
13fined in any sum not less than $50 nor more than $100.
14    (c) Whoever makes for sale, sells or offers to sell or
15dispose of or has in his or her possession, with intent to sell
16or dispose of, any article or articles constructed in whole or
17in part of silver or any alloy or imitation thereof, having
18thereon--or on any box, package, cover, wrapper or other thing
19enclosing or encasing such article or articles for sale--any
20stamp, brand, engraving, printed label, trademark, imprint, or
21other mark, containing the words "coin" or "coin silver,"
22referring to or designed or intended to refer to, the silver,
23alloy or imitation thereof, in such article or articles, when
24such silver, alloy or imitation shall contain less than
25nine-tenths thereof pure silver, shall be guilty of a petty
26offense and shall be fined in any sum not less than $50 and not

 

 

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1more than $100.
 
2    (720 ILCS 5/17-5)  (from Ch. 38, par. 17-5)
3    Sec. 17-5. Deceptive collection practices.
4    A collection agency as defined in the "Collection Agency
5Act" or any employee of such collection agency commits a
6deceptive collection practice when, with the intent to collect
7a debt owed to an individual or a a person, corporation, or
8other entity, he, she, or it does any of the following:
9    (a) Represents represents falsely that he or she is an
10attorney, a policeman, a sheriff or deputy sheriff, a bailiff,
11a county clerk or employee of a county clerk's office, or any
12other person who by statute is authorized to enforce the law or
13any order of a court. ; or
14    (b) While while attempting to collect an alleged debt,
15misrepresents to the alleged debtor or to his or her immediate
16family the corporate, partnership or proprietary name or other
17trade or business name under which the debt collector is
18engaging in debt collections and which he, she, or it is
19legally authorized to use. ; or
20    (c) While while attempting to collect an alleged debt, adds
21to the debt any service charge, interest or penalty which he,
22she, or it is not entitled by law to add. ; or
23    (d) Threatens threatens to ruin, destroy, or otherwise
24adversely affect an alleged debtor's credit rating unless, at
25the same time, a disclosure is made in accordance with federal

 

 

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1law that the alleged debtor has a right to inspect his or her
2credit rating. ; or
3    (e) Accepts accepts from an alleged debtor a payment which
4he, she, or it knows is not owed.
5    Sentence. The commission of a deceptive collection
6practice is a Business Offense punishable by a fine not to
7exceed $3,000.
8(Source: P.A. 78-1248.)
 
9    (720 ILCS 5/17-5.5)
10    Sec. 17-5.5. Unlawful attempt to collect compensated debt
11against a crime victim.
12    (a) As used in this Section, "crime victim" means a victim
13of a violent crime or applicant as defined in the Crime Victims
14Compensation Act.
15    "Compensated debt" means a debt incurred by or on behalf of
16a crime victim and approved for payment by the Court of Claims
17under the Crime Victims Compensation Act.
18    (a) (b) A person or a vendor commits the offense of
19unlawful attempt to collect a compensated debt against a crime
20victim when, with intent to collect funds for a debt incurred
21by or on behalf of a crime victim, which debt has been approved
22for payment by the Court of Claims under the Crime Victims
23Compensation Act, but the funds are involuntarily withheld from
24the person or vendor by the Comptroller by virtue of an
25outstanding obligation owed by the person or vendor to the

 

 

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1State under the Uncollected State Claims Act, the person or
2vendor:
3        (1) communicates with, harasses, or intimidates the
4    crime victim for payment;
5        (2) contacts or distributes information to affect the
6    compensated crime victim's credit rating as a result of the
7    compensated debt; or
8        (3) takes any other action adverse to the crime victim
9    or his or her family on account of the compensated debt.
10    (b) Sentence. (c) Unlawful attempt to collect a compensated
11debt against a crime victim is a Class A misdemeanor.
12    (c) (d) Nothing in this Code Act prevents the attempt to
13collect an uncompensated debt or an uncompensated portion of a
14compensated debt incurred by or on behalf of a crime victim and
15not covered under the Crime Victims Compensation Act.
16    (d) As used in this Section, "crime victim" means a victim
17of a violent crime or applicant as defined in the Crime Victims
18Compensation Act. "Compensated debt" means a debt incurred by
19or on behalf of a crime victim and approved for payment by the
20Court of Claims under the Crime Victims Compensation Act.
21(Source: P.A. 92-286, eff. 1-1-02.)
 
22    (720 ILCS 5/17-5.7 new)
23    Sec. 17-5.7. Deceptive advertising.
24    (a) Any person, firm, corporation or association or agent
25or employee thereof, who, with intent to sell, purchase, or in

 

 

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1any wise dispose of, or to contract with reference to
2merchandise, securities, real estate, service, employment,
3money, credit or anything offered by such person, firm,
4corporation or association, or agent or employee thereof,
5directly or indirectly, to the public for sale, purchase, loan,
6distribution, or the hire of personal services, or with intent
7to increase the consumption of or to contract with reference to
8any merchandise, real estate, securities, money, credit, loan,
9service or employment, or to induce the public in any manner to
10enter into any obligation relating thereto, or to acquire title
11thereto, or an interest therein, or to make any loan, makes,
12publishes, disseminates, circulates, or places before the
13public, or causes, directly or indirectly, to be made,
14published, disseminated, circulated, or placed before the
15public, in this State, in a newspaper, magazine, or other
16publication, or in the form of a book, notice, handbill,
17poster, sign, bill, circular, pamphlet, letter, placard, card,
18label, or over any radio or television station, or in any other
19way similar or dissimilar to the foregoing, an advertisement,
20announcement, or statement of any sort regarding merchandise,
21securities, real estate, money, credit, service, employment,
22or anything so offered for use, purchase, loan or sale, or the
23interest, terms or conditions upon which such loan will be made
24to the public, which advertisement contains any assertion,
25representation or statement of fact which is untrue, misleading
26or deceptive, shall be guilty of a Class A misdemeanor.

 

 

SB1310 Engrossed- 1065 -LRB096 09456 RLC 19613 b

1    (b) Any person, firm or corporation offering for sale
2merchandise, commodities or service by making, publishing,
3disseminating, circulating or placing before the public within
4this State in any manner an advertisement of merchandise,
5commodities, or service, with the intent, design or purpose not
6to sell the merchandise, commodities, or service so advertised
7at the price stated therein, or otherwise communicated, or with
8intent not to sell the merchandise, commodities, or service so
9advertised, may be enjoined from such advertising upon
10application for injunctive relief by the State's Attorney or
11Attorney General, and shall also be guilty of a Class A
12misdemeanor.
13    (c) Any person, firm or corporation who makes, publishes,
14disseminates, circulates or places before the public, or
15causes, directly or indirectly to be made, published,
16disseminated, circulated or placed before the public, in this
17State, in a newspaper, magazine or other publication published
18in this State, or in the form of a book, notice, handbill,
19poster, sign, bill, circular, pamphlet, letter, placard, card,
20or label distributed in this State, or over any radio or
21television station located in this State or in any other way in
22this State similar or dissimilar to the foregoing, an
23advertisement, announcement, statement or representation of
24any kind to the public relating to the sale, offering for sale,
25purchase, use or lease of any real estate in a subdivision
26located outside the State of Illinois may be enjoined from such

 

 

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1activity upon application for injunctive relief by the State's
2Attorney or Attorney General and shall also be guilty of a
3Class A misdemeanor unless such advertisement, announcement,
4statement or representation contains or is accompanied by a
5clear, concise statement of the proximity of such real estate
6in common units of measurement to public schools, public
7highways, fresh water supply, public sewers, electric power,
8stores and shops, and telephone service or contains a statement
9that one or more of such facilities are not readily available,
10and name those not available.
11    (d) Subsections (a), (b), and (c) do not apply to any
12medium for the printing, publishing, or disseminating of
13advertising, or any owner, agent or employee thereof, nor to
14any advertising agency or owner, agent or employee thereof, nor
15to any radio or television station, or owner, agent, or
16employee thereof, for printing, publishing, or disseminating,
17or causing to be printed, published, or disseminated, such
18advertisement in good faith and without knowledge of the
19deceptive character thereof.
20    (e) No person, firm or corporation owning or operating a
21service station shall advertise or hold out or state to the
22public the per gallon price of gasoline, upon any sign on the
23premises of such station, unless such price includes all taxes,
24and unless the price, as so advertised, corresponds with the
25price appearing on the pump from which such gasoline is
26dispensed. Also, the identity of the product must be included

 

 

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1with the price in any such advertisement, holding out or
2statement to the public. Any person who violates this
3subsection (e) shall be guilty of a petty offense.
 
4    (720 ILCS 5/Art. 17, Subdiv. 10 heading new)
5
SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY

 
6    (720 ILCS 5/17-6)  (from Ch. 38, par. 17-6)
7    Sec. 17-6. State benefits fraud Benefits Fraud.
8    (a) A Any person commits State benefits fraud when he or
9she who obtains or attempts to obtain money or benefits from
10the State of Illinois, from any political subdivision thereof,
11or from any program funded or administered in whole or in part
12by the State of Illinois or any political subdivision thereof
13through the knowing use of false identification documents or
14through the knowing misrepresentation of his or her age, place
15of residence, number of dependents, marital or family status,
16employment status, financial status, or any other material fact
17upon which his eligibility for or degree of participation in
18any benefit program might be based, is guilty of State benefits
19fraud.
20    (b) Notwithstanding any provision of State law to the
21contrary, every application or other document submitted to an
22agency or department of the State of Illinois or any political
23subdivision thereof to establish or determine eligibility for
24money or benefits from the State of Illinois or from any

 

 

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1political subdivision thereof, or from any program funded or
2administered in whole or in part by the State of Illinois or
3any political subdivision thereof, shall be made available upon
4request to any law enforcement agency for use in the
5investigation or prosecution of State benefits fraud or for use
6in the investigation or prosecution of any other crime arising
7out of the same transaction or occurrence. Except as otherwise
8permitted by law, information disclosed pursuant to this
9subsection shall be used and disclosed only for the purposes
10provided herein. The provisions of this Section shall be
11operative only to the extent that they do not conflict with any
12federal law or regulation governing federal grants to this
13State.
14    (c) Any employee of the State of Illinois or any agency or
15political subdivision thereof may seize as evidence any false
16or fraudulent document presented to him or her in connection
17with an application for or receipt of money or benefits from
18the State of Illinois, from any political subdivision thereof,
19or from any program funded or administered in whole or in part
20by the State of Illinois or any political subdivision thereof.
21    (d) Sentence.
22    (1) State benefits fraud is a Class 4 felony except when
23more than $300 is obtained, in which case State benefits fraud
24is a Class 3 felony.
25    (2) If State benefits fraud is a Class 3 felony when $300
26or less is obtained and a Class 2 felony when more than $300 is

 

 

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1obtained if a person knowingly misrepresents oneself as a
2veteran or as a dependent of a veteran with the intent of
3obtaining benefits or privileges provided by the State or its
4political subdivisions to veterans or their dependents, then
5State benefits fraud is a Class 3 felony when $300 or less is
6obtained and a Class 2 felony when more than $300 is obtained.
7For the purposes of this paragraph (2), benefits and privileges
8include, but are not limited to, those benefits and privileges
9available under the Veterans' Employment Act, the Viet Nam
10Veterans Compensation Act, the Prisoner of War Bonus Act, the
11War Bonus Extension Act, the Military Veterans Assistance Act,
12the Veterans' Employment Representative Act, the Veterans
13Preference Act, the Service Member's Employment Tenure Act, the
14Disabled Veterans Housing Act, the Under Age Veterans Benefits
15Act, the Survivors Compensation Act, the Children of Deceased
16Veterans Act, the Veterans Burial Places Act, the Higher
17Education Student Assistance Act, or any other loans,
18assistance in employment, monetary payments, or tax exemptions
19offered by the State or its political subdivisions for veterans
20or their dependents.
21(Source: P.A. 94-486, eff. 1-1-06.)
 
22    (720 ILCS 5/17-6.3 new)
23    Sec. 17-6.3. WIC fraud.
24    (a) For the purposes of this Section, the Special
25Supplemental Food Program for Women, Infants and Children

 

 

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1administered by the Illinois Department of Public Health or
2Department of Human Services shall be referred to as "WIC".
3    (b) A person commits WIC fraud if he or she knowingly (i)
4uses, acquires, possesses, or transfers WIC Food Instruments or
5authorizations to participate in WIC in any manner not
6authorized by law or the rules of the Illinois Department of
7Public Health or Department of Human Services or (ii) uses,
8acquires, possesses, or transfers altered WIC Food Instruments
9or authorizations to participate in WIC.
10    (c) Administrative malfeasance.
11        (1) A person commits administrative malfeasance if he
12    or she knowingly or recklessly misappropriates, misuses,
13    or unlawfully withholds or converts to his or her own use
14    or to the use of another any public funds made available
15    for WIC.
16        (2) An official or employee of the State or a unit of
17    local government who knowingly aids, abets, assists, or
18    participates in a known violation of this Section is
19    subject to disciplinary proceedings under the rules of the
20    applicable State agency or unit of local government.
21    (d) Unauthorized possession of identification document. A
22person commits unauthorized possession of an identification
23document if he or she knowingly possesses, with intent to
24commit a misdemeanor or felony, another person's
25identification document issued by the Illinois Department of
26Public Health or Department of Human Services. For purposes of

 

 

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1this Section, "identification document" includes, but is not
2limited to, an authorization to participate in WIC or a card or
3other document that identifies a person as being entitled to
4WIC benefits.
5    (e) Penalties.
6        (1) If an individual, firm, corporation, association,
7    agency, institution, or other legal entity is found by a
8    court to have engaged in an act, practice, or course of
9    conduct declared unlawful under subsection (a), (b), or (c)
10    of this Section and:
11            (A) the total amount of money involved in the
12        violation, including the monetary value of the WIC Food
13        Instruments and the value of commodities, is less than
14        $150, the violation is a Class A misdemeanor; a second
15        or subsequent violation is a Class 4 felony;
16            (B) the total amount of money involved in the
17        violation, including the monetary value of the WIC Food
18        Instruments and the value of commodities, is $150 or
19        more but less than $1,000, the violation is a Class 4
20        felony; a second or subsequent violation is a Class 3
21        felony;
22            (C) the total amount of money involved in the
23        violation, including the monetary value of the WIC Food
24        Instruments and the value of commodities, is $1,000 or
25        more but less than $5,000, the violation is a Class 3
26        felony; a second or subsequent violation is a Class 2

 

 

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1        felony;
2            (D) the total amount of money involved in the
3        violation, including the monetary value of the WIC Food
4        Instruments and the value of commodities, is $5,000 or
5        more but less than $10,000, the violation is a Class 2
6        felony; a second or subsequent violation is a Class 1
7        felony; or
8            (E) the total amount of money involved in the
9        violation, including the monetary value of the WIC Food
10        Instruments and the value of commodities, is $10,000 or
11        more, the violation is a Class 1 felony and the
12        defendant shall be permanently ineligible to
13        participate in WIC.
14        (2) A violation of subsection (d) is a Class 4 felony.
15        (3) The State's Attorney of the county in which the
16    violation of this Section occurred or the Attorney General
17    shall bring actions arising under this Section in the name
18    of the People of the State of Illinois.
19        (4) For purposes of determining the classification of
20    an offense under this subsection (e), all of the money
21    received as a result of the unlawful act, practice, or
22    course of conduct, including the value of any WIC Food
23    Instruments and the value of commodities, shall be
24    aggregated.
25    (f) Seizure and forfeiture of property.
26        (1) A person who commits a felony violation of this

 

 

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1    Section is subject to the property forfeiture provisions
2    set forth in Article 124B of the Code of Criminal Procedure
3    of 1963.
4        (2) Property subject to forfeiture under this
5    subsection (f) may be seized by the Director of State
6    Police or any local law enforcement agency upon process or
7    seizure warrant issued by any court having jurisdiction
8    over the property. The Director or a local law enforcement
9    agency may seize property under this subsection (f) without
10    process under any of the following circumstances:
11            (A) If the seizure is incident to inspection under
12        an administrative inspection warrant.
13            (B) If the property subject to seizure has been the
14        subject of a prior judgment in favor of the State in a
15        criminal proceeding or in an injunction or forfeiture
16        proceeding under Article 124B of the Code of Criminal
17        Procedure of 1963.
18            (C) If there is probable cause to believe that the
19        property is directly or indirectly dangerous to health
20        or safety.
21            (D) If there is probable cause to believe that the
22        property is subject to forfeiture under this
23        subsection (f) and Article 124B of the Code of Criminal
24        Procedure of 1963 and the property is seized under
25        circumstances in which a warrantless seizure or arrest
26        would be reasonable.

 

 

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1            (E) In accordance with the Code of Criminal
2        Procedure of 1963.
3    (g) Future participation as WIC vendor. A person who has
4been convicted of a felony violation of this Section is
5prohibited from participating as a WIC vendor for a minimum
6period of 3 years following conviction and until the total
7amount of money involved in the violation, including the value
8of WIC Food Instruments and the value of commodities, is repaid
9to WIC. This prohibition shall extend to any person with
10management responsibility in a firm, corporation, association,
11agency, institution, or other legal entity that has been
12convicted of a violation of this Section and to an officer or
13person owning, directly or indirectly, 5% or more of the shares
14of stock or other evidences of ownership in a corporate vendor.
 
15    (720 ILCS 5/17-6.5 new)
16    Sec. 17-6.5. Persons under deportation order;
17ineligibility for benefits.
18    (a) An individual against whom a United States Immigration
19Judge has issued an order of deportation which has been
20affirmed by the Board of Immigration Review, as well as an
21individual who appeals such an order pending appeal, under
22paragraph 19 of Section 241(a) of the Immigration and
23Nationality Act relating to persecution of others on account of
24race, religion, national origin or political opinion under the
25direction of or in association with the Nazi government of

 

 

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1Germany or its allies, shall be ineligible for the following
2benefits authorized by State law:
3        (1) The homestead exemptions and homestead improvement
4    exemption under Sections 15-170, 15-175, 15-176, and
5    15-180 of the Property Tax Code.
6        (2) Grants under the Senior Citizens and Disabled
7    Persons Property Tax Relief and Pharmaceutical Assistance
8    Act.
9        (3) The double income tax exemption conferred upon
10    persons 65 years of age or older by Section 204 of the
11    Illinois Income Tax Act.
12        (4) Grants provided by the Department on Aging.
13        (5) Reductions in vehicle registration fees under
14    Section 3-806.3 of the Illinois Vehicle Code.
15        (6) Free fishing and reduced fishing license fees under
16    Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
17        (7) Tuition free courses for senior citizens under the
18    Senior Citizen Courses Act.
19        (8) Any benefits under the Illinois Public Aid Code.
20    (b) If a person has been found by a court to have knowingly
21received benefits in violation of subsection (a) and:
22        (1) the total monetary value of the benefits received
23    is less than $150, the person is guilty of a Class A
24    misdemeanor; a second or subsequent violation is a Class 4
25    felony;
26        (2) the total monetary value of the benefits received

 

 

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1    is $150 or more but less than $1,000, the person is guilty
2    of a Class 4 felony; a second or subsequent violation is a
3    Class 3 felony;
4        (3) the total monetary value of the benefits received
5    is $1,000 or more but less than $5,000, the person is
6    guilty of a Class 3 felony; a second or subsequent
7    violation is a Class 2 felony;
8        (4) the total monetary value of the benefits received
9    is $5,000 or more but less than $10,000, the person is
10    guilty of a Class 2 felony; a second or subsequent
11    violation is a Class 1 felony; or
12        (5) the total monetary value of the benefits received
13    is $10,000 or more, the person is guilty of a Class 1
14    felony.
15    (c) For purposes of determining the classification of an
16offense under this Section, all of the monetary value of the
17benefits received as a result of the unlawful act, practice, or
18course of conduct may be accumulated.
19    (d) Any grants awarded to persons described in subsection
20(a) may be recovered by the State of Illinois in a civil action
21commenced by the Attorney General in the circuit court of
22Sangamon County or the State's Attorney of the county of
23residence of the person described in subsection (a).
24    (e) An individual described in subsection (a) who has been
25deported shall be restored to any benefits which that
26individual has been denied under State law pursuant to

 

 

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1subsection (a) if (i) the Attorney General of the United States
2has issued an order cancelling deportation and has adjusted the
3status of the individual to that of an alien lawfully admitted
4for permanent residence in the United States or (ii) the
5country to which the individual has been deported adjudicates
6or exonerates the individual in a judicial or administrative
7proceeding as not being guilty of the persecution of others on
8account of race, religion, national origin, or political
9opinion under the direction of or in association with the Nazi
10government of Germany or its allies.
 
11    (720 ILCS 5/17-8.3)   (was 720 ILCS 5/17-22)
12    Sec. 17-8.3 17-22. False information on an application for
13employment with certain public or private agencies; use of
14false academic degree.
15    (a) It is unlawful for an applicant for employment with a
16public or private agency that provides State funded services to
17persons with mental illness or developmental disabilities to
18knowingly wilfully furnish false information regarding
19professional certification, licensing, criminal background, or
20employment history for the 5 years immediately preceding the
21date of application on an application for employment with the
22agency if the position of employment requires or provides
23opportunity for contact with persons with mental illness or
24developmental disabilities.
25    (b) It is unlawful for a person to knowingly use a false

 

 

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1academic degree for the purpose of obtaining employment or
2admission to an institution of higher learning or admission to
3an advanced degree program at an institution of higher learning
4or for the purpose of obtaining a promotion or higher
5compensation in employment.
6    (c) (b) Sentence. A violation of this Section is a Class A
7misdemeanor.
8(Source: P.A. 90-390, eff. 1-1-98.)
 
9    (720 ILCS 5/17-8.5 new)
10    Sec. 17-8.5. Fraud on a governmental entity.
11    (a) Fraud on a governmental entity. A person commits fraud
12on a governmental entity when he or she knowingly obtains,
13attempts to obtain, or causes to be obtained, by deception,
14control over the property of any governmental entity by the
15making of a false claim of bodily injury or of damage to or
16loss or theft of property or by causing a false claim of bodily
17injury or of damage to or loss or theft of property to be made
18against the governmental entity, intending to deprive the
19governmental entity permanently of the use and benefit of that
20property.
21    (b) Aggravated fraud on a governmental entity. A person
22commits aggravated fraud on a governmental entity when he or
23she commits fraud on a governmental entity 3 or more times
24within an 18-month period arising out of separate incidents or
25transactions.

 

 

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1    (c) Conspiracy to commit fraud on a governmental entity. If
2aggravated fraud on a governmental entity forms the basis for a
3charge of conspiracy under Section 8-2 of this Code against a
4person, the person or persons with whom the accused is alleged
5to have agreed to commit the 3 or more violations of this
6Section need not be the same person or persons for each
7violation, as long as the accused was a part of the common
8scheme or plan to engage in each of the 3 or more alleged
9violations.
10    (d) Organizer of an aggravated fraud on a governmental
11entity conspiracy. A person commits being an organizer of an
12aggravated fraud on a governmental entity conspiracy if
13aggravated fraud on a governmental entity forms the basis for a
14charge of conspiracy under Section 8-2 of this Code and the
15person occupies a position of organizer, supervisor, financer,
16or other position of management within the conspiracy.
17    For the purposes of this Section, the person or persons
18with whom the accused is alleged to have agreed to commit the 3
19or more violations of subdivision (a)(1) of Section 17-10.5 or
20subsection (a) of Section 17-8.5 of this Code need not be the
21same person or persons for each violation, as long as the
22accused occupied a position of organizer, supervisor,
23financer, or other position of management in each of the 3 or
24more alleged violations.
25    Notwithstanding Section 8-5 of this Code, a person may be
26convicted and sentenced both for the offense of being an

 

 

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1organizer of an aggravated fraud conspiracy and for any other
2offense that is the object of the conspiracy.
3    (e) Sentence.
4        (1) A violation of subsection (a) in which the value of
5    the property obtained or attempted to be obtained is $300
6    or less is a Class A misdemeanor.
7        (2) A violation of subsection (a) in which the value of
8    the property obtained or attempted to be obtained is more
9    than $300 but not more than $10,000 is a Class 3 felony.
10        (3) A violation of subsection (a) in which the value of
11    the property obtained or attempted to be obtained is more
12    than $10,000 but not more than $100,000 is a Class 2
13    felony.
14        (4) A violation of subsection (a) in which the value of
15    the property obtained or attempted to be obtained is more
16    than $100,000 is a Class 1 felony.
17        (5) A violation of subsection (b) is a Class 1 felony,
18    regardless of the value of the property obtained, attempted
19    to be obtained, or caused to be obtained.
20        (6) The offense of being an organizer of an aggravated
21    fraud conspiracy is a Class X felony.
22        (7) Notwithstanding Section 8-5 of this Code, a person
23    may be convicted and sentenced both for the offense of
24    conspiracy to commit fraud and for any other offense that
25    is the object of the conspiracy.
26    (f) Civil damages for fraud on a governmental entity. A

 

 

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1person who knowingly obtains, attempts to obtain, or causes to
2be obtained, by deception, control over the property of a
3governmental entity by the making of a false claim of bodily
4injury or of damage to or loss or theft of property, intending
5to deprive the governmental entity permanently of the use and
6benefit of that property, shall be civilly liable to the
7governmental entity that paid the claim or against whom the
8claim was made or to the subrogee of the governmental entity in
9an amount equal to either 3 times the value of the property
10wrongfully obtained or, if property was not wrongfully
11obtained, twice the value of the property attempted to be
12obtained, whichever amount is greater, plus reasonable
13attorney's fees.
14    (g) Determination of property value. For the purposes of
15this Section, if the exact value of the property attempted to
16be obtained is either not alleged by the claimant or not
17otherwise specifically set, the value of the property shall be
18the fair market replacement value of the property claimed to be
19lost, the reasonable costs of reimbursing a vendor or other
20claimant for services to be rendered, or both.
21    (h) Actions by State licensing agencies.
22        (1) All State licensing agencies, the Illinois State
23    Police, and the Department of Financial and Professional
24    Regulation shall coordinate enforcement efforts relating
25    to acts of fraud on a governmental entity.
26        (2) If a person who is licensed or registered under the

 

 

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1    laws of the State of Illinois to engage in a business or
2    profession is convicted of or pleads guilty to engaging in
3    an act of fraud on a governmental entity, the Illinois
4    State Police must forward to each State agency by which the
5    person is licensed or registered a copy of the conviction
6    or plea and all supporting evidence.
7        (3) Any agency that receives information under this
8    Section shall, not later than 6 months after the date on
9    which it receives the information, publicly report the
10    final action taken against the convicted person, including
11    but not limited to the revocation or suspension of the
12    license or any other disciplinary action taken.
13    (i) Definitions. For the purposes of this Section,
14"obtain", "obtains control", "deception", "property", and
15"permanent deprivation" have the meanings ascribed to those
16terms in Article 15 of this Code.
 
17    (720 ILCS 5/17-9)  (from Ch. 38, par. 17-9)
18    Sec. 17-9. Public aid wire and mail fraud.
19    (a) Whoever knowingly (i) makes or transmits any
20communication by means of telephone, wire, radio, or television
21or (ii) places any communication with the United States Postal
22Service, or with any private or other mail, package, or
23delivery service or system, such communication being made,
24transmitted, placed, or received within the State of Illinois,
25intending that such communication be made, or transmitted, or

 

 

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1delivered in furtherance of any plan, scheme, or design to
2obtain, unlawfully, any benefit or payment under the "The
3Illinois Public Aid Code", as amended, commits the offense of
4public aid wire and mail fraud.
5    (b) Whoever knowingly directs or causes any communication
6to be (i) made or transmitted by means of telephone, wire,
7radio, or television or (ii) placed with the United States
8Postal Service, or with any private or other mail, package, or
9delivery service or system, intending that such communication
10be made, or transmitted, or delivered in furtherance of any
11plan, scheme, or design to obtain, unlawfully, any benefit or
12payment under the "The Illinois Public Aid Code", as amended,
13commits the offense of public aid wire and mail fraud.
14    (c) Sentence. A violation of this Section Penalty. Public
15aid wire fraud is a Class 4 felony.
16(Source: P.A. 84-1255.)
 
17    (720 ILCS 5/17-10.2)   (was 720 ILCS 5/17-29)
18    Sec. 17-10.2 17-29. Businesses owned by minorities,
19females, and persons with disabilities; fraudulent contracts
20with governmental units.
21    (a) In this Section:
22        "Minority person" means a person who is: (1) African
23    American (a person having origins in any of the black
24    racial groups in Africa); (2) Hispanic (a person of Spanish
25    or Portuguese culture with origins in Mexico, South or

 

 

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1    Central America, or the Caribbean Islands, regardless of
2    race); (3) Asian American (a person having origins in any
3    of the original peoples of the Far East, Southeast Asia,
4    the Indian Subcontinent or the Pacific Islands); or (4)
5    Native American or Alaskan Native (a person having origins
6    in any of the original peoples of North America).
7        "Female" means a person who is of the female gender.
8        "Person with a disability" means a person who is a
9    person qualifying as being disabled.
10        "Disabled" means a severe physical or mental
11    disability that: (1) results from: amputation, arthritis,
12    autism, blindness, burn injury, cancer, cerebral palsy,
13    cystic fibrosis, deafness, head injury, heart disease,
14    hemiplegia, hemophilia, respiratory or pulmonary
15    dysfunction, mental retardation, mental illness, multiple
16    sclerosis, muscular dystrophy, musculoskeletal disorders,
17    neurological disorders, including stroke and epilepsy,
18    paraplegia, quadriplegia and other spinal cord conditions,
19    sickle cell anemia, specific learning disabilities, or end
20    stage renal failure disease; and (2) substantially limits
21    one or more of the person's major life activities.
22        "Minority owned business" means a business concern
23    that is at least 51% owned by one or more minority persons,
24    or in the case of a corporation, at least 51% of the stock
25    in which is owned by one or more minority persons; and the
26    management and daily business operations of which are

 

 

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1    controlled by one or more of the minority individuals who
2    own it.
3        "Female owned business" means a business concern that
4    is at least 51% owned by one or more females, or, in the
5    case of a corporation, at least 51% of the stock in which
6    is owned by one or more females; and the management and
7    daily business operations of which are controlled by one or
8    more of the females who own it.
9        "Business owned by a person with a disability" means a
10    business concern that is at least 51% owned by one or more
11    persons with a disability and the management and daily
12    business operations of which are controlled by one or more
13    of the persons with disabilities who own it. A
14    not-for-profit agency for persons with disabilities that
15    is exempt from taxation under Section 501 of the Internal
16    Revenue Code of 1986 is also considered a "business owned
17    by a person with a disability".
18        "Governmental unit" means the State, a unit of local
19    government, or school district.
20    (b) In addition to any other penalties imposed by law or by
21an ordinance or resolution of a unit of local government or
22school district, any individual or entity that knowingly
23obtains, or knowingly assists another to obtain, a contract
24with a governmental unit, or a subcontract or written
25commitment for a subcontract under a contract with a
26governmental unit, by falsely representing that the individual

 

 

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1or entity, or the individual or entity assisted, is a minority
2owned business, female owned business, or business owned by a
3person with a disability is guilty of a Class 2 felony,
4regardless of whether the preference for awarding the contract
5to a minority owned business, female owned business, or
6business owned by a person with a disability was established by
7statute or by local ordinance or resolution.
8    (c) In addition to any other penalties authorized by law,
9the court shall order that an individual or entity convicted of
10a violation of this Section must pay to the governmental unit
11that awarded the contract a penalty equal to one and one-half
12times the amount of the contract obtained because of the false
13representation.
14(Source: P.A. 94-126, eff. 1-1-06; 94-863, eff. 6-16-06.)
 
15    (720 ILCS 5/17-10.3 new)
16    Sec. 17-10.3. Deception relating to certification of
17disadvantaged business enterprises.
18    (a) Fraudulently obtaining or retaining certification. A
19person who, in the course of business, fraudulently obtains or
20retains certification as a minority owned business or female
21owned business commits a Class 2 felony.
22    (b) Willfully making a false statement. A person who, in
23the course of business, willfully makes a false statement
24whether by affidavit, report or other representation, to an
25official or employee of a State agency or the Minority and

 

 

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1Female Business Enterprise Council for the purpose of
2influencing the certification or denial of certification of any
3business entity as a minority owned business or female owned
4business commits a Class 2 felony.
5    (c) Willfully obstructing or impeding an official or
6employee of any agency in his or her investigation. Any person
7who, in the course of business, willfully obstructs or impedes
8an official or employee of any State agency or the Minority and
9Female Business Enterprise Council who is investigating the
10qualifications of a business entity which has requested
11certification as a minority owned business or a female owned
12business commits a Class 2 felony.
13    (d) Fraudulently obtaining public moneys reserved for
14disadvantaged business enterprises. Any person who, in the
15course of business, fraudulently obtains public moneys
16reserved for, or allocated or available to minority owned
17businesses or female owned businesses commits a Class 2 felony.
18    (e) Definitions. As used in this Article, "minority owned
19business", "female owned business", "State agency" and
20"certification" shall have the meanings ascribed to them in
21Section 2 of the Business Enterprise for Minorities, Females,
22and Persons with Disabilities Act.
 
23    (720 ILCS 5/Art. 17, Subdiv. 15 heading new)
24
SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY

 

 

 

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1    (720 ILCS 5/17-10.5 new)
2    Sec. 17-10.5. Insurance fraud.
3    (a) Insurance fraud.
4        (1) A person commits insurance fraud when he or she
5    knowingly obtains, attempts to obtain, or causes to be
6    obtained, by deception, control over the property of an
7    insurance company or self-insured entity by the making of a
8    false claim or by causing a false claim to be made on any
9    policy of insurance issued by an insurance company or by
10    the making of a false claim or by causing a false claim to
11    be made to a self-insured entity, intending to deprive an
12    insurance company or self-insured entity permanently of
13    the use and benefit of that property.
14        (2) A person commits health care benefits fraud against
15    a provider, other than a governmental unit or agency, when
16    he or she knowingly obtains or attempts to obtain, by
17    deception, health care benefits and that obtaining or
18    attempt to obtain health care benefits does not involve
19    control over property of the provider.
20    (b) Aggravated insurance fraud.
21        (1) A person commits aggravated insurance fraud on a
22    private entity when he or she commits insurance fraud 3 or
23    more times within an 18-month period arising out of
24    separate incidents or transactions.
25        (2) A person commits being an organizer of an
26    aggravated insurance fraud on a private entity conspiracy

 

 

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1    if aggravated insurance fraud on a private entity forms the
2    basis for a charge of conspiracy under Section 8-2 of this
3    Code and the person occupies a position of organizer,
4    supervisor, financer, or other position of management
5    within the conspiracy.
6    (c) Conspiracy to commit insurance fraud. If aggravated
7insurance fraud on a private entity forms the basis for charges
8of conspiracy under Section 8-2 of this Code, the person or
9persons with whom the accused is alleged to have agreed to
10commit the 3 or more violations of this Section need not be the
11same person or persons for each violation, as long as the
12accused was a part of the common scheme or plan to engage in
13each of the 3 or more alleged violations.
14    If aggravated insurance fraud on a private entity forms the
15basis for a charge of conspiracy under Section 8-2 of this
16Code, and the accused occupies a position of organizer,
17supervisor, financer, or other position of management within
18the conspiracy, the person or persons with whom the accused is
19alleged to have agreed to commit the 3 or more violations of
20this Section need not be the same person or persons for each
21violation as long as the accused occupied a position of
22organizer, supervisor, financer, or other position of
23management in each of the 3 or more alleged violations.
24    (d) Sentence.
25        (1) A violation of paragraph (a)(1) in which the value
26    of the property obtained, attempted to be obtained, or

 

 

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1    caused to be obtained is $300 or less is a Class A
2    misdemeanor.
3        (2) A violation of paragraph (a)(1) in which the value
4    of the property obtained, attempted to be obtained, or
5    caused to be obtained is more than $300 but not more than
6    $10,000 is a Class 3 felony.
7        (3) A violation of paragraph (a)(1) in which the value
8    of the property obtained, attempted to be obtained, or
9    caused to be obtained is more than $10,000 but not more
10    than $100,000 is a Class 2 felony.
11        (4) A violation of paragraph (a)(1) in which the value
12    of the property obtained, attempted to be obtained, or
13    caused to be obtained is more than $100,000 is a Class 1
14    felony.
15        (5) A violation of paragraph (a)(2) is a Class A
16    misdemeanor.
17        (6) A violation of paragraph (b)(1) is a Class 1
18    felony, regardless of the value of the property obtained,
19    attempted to be obtained, or caused to be obtained.
20        (7) A violation of paragraph (b)(2) is a Class X
21    felony.
22        (8) A person convicted of insurance fraud, vendor
23    fraud, or a federal criminal violation associated with
24    defrauding the Medicaid program shall be ordered to pay
25    monetary restitution to the insurance company or
26    self-insured entity or any other person for any financial

 

 

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1    loss sustained as a result of a violation of this Section,
2    including any court costs and attorney's fees. An order of
3    restitution shall include expenses incurred and paid by the
4    State of Illinois or an insurance company or self-insured
5    entity in connection with any medical evaluation or
6    treatment services.
7        (9) Notwithstanding Section 8-5 of this Code, a person
8    may be convicted and sentenced both for the offense of
9    conspiracy to commit insurance fraud and for any other
10    offense that is the object of the conspiracy.
11    (e) Civil damages for insurance fraud.
12        (1) A person who knowingly obtains, attempts to obtain,
13    or causes to be obtained, by deception, control over the
14    property of any insurance company by the making of a false
15    claim or by causing a false claim to be made on a policy of
16    insurance issued by an insurance company, or by the making
17    of a false claim or by causing a false claim to be made to a
18    self-insured entity, intending to deprive an insurance
19    company or self-insured entity permanently of the use and
20    benefit of that property, shall be civilly liable to the
21    insurance company or self-insured entity that paid the
22    claim or against whom the claim was made or to the subrogee
23    of that insurance company or self-insured entity in an
24    amount equal to either 3 times the value of the property
25    wrongfully obtained or, if no property was wrongfully
26    obtained, twice the value of the property attempted to be

 

 

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1    obtained, whichever amount is greater, plus reasonable
2    attorney's fees.
3        (2) An insurance company or self-insured entity that
4    brings an action against a person under paragraph (1) of
5    this subsection in bad faith shall be liable to that person
6    for twice the value of the property claimed, plus
7    reasonable attorney's fees. In determining whether an
8    insurance company or self-insured entity acted in bad
9    faith, the court shall relax the rules of evidence to allow
10    for the introduction of any facts or other information on
11    which the insurance company or self-insured entity may have
12    relied in bringing an action under paragraph (1) of this
13    subsection.
14    (f) Determination of property value. For the purposes of
15this Section, if the exact value of the property attempted to
16be obtained is either not alleged by the claimant or not
17specifically set by the terms of a policy of insurance, the
18value of the property shall be the fair market replacement
19value of the property claimed to be lost, the reasonable costs
20of reimbursing a vendor or other claimant for services to be
21rendered, or both.
22    (g) Actions by State licensing agencies.
23        (1) All State licensing agencies, the Illinois State
24    Police, and the Department of Financial and Professional
25    Regulation shall coordinate enforcement efforts relating
26    to acts of insurance fraud.

 

 

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1        (2) If a person who is licensed or registered under the
2    laws of the State of Illinois to engage in a business or
3    profession is convicted of or pleads guilty to engaging in
4    an act of insurance fraud, the Illinois State Police must
5    forward to each State agency by which the person is
6    licensed or registered a copy of the conviction or plea and
7    all supporting evidence.
8        (3) Any agency that receives information under this
9    Section shall, not later than 6 months after the date on
10    which it receives the information, publicly report the
11    final action taken against the convicted person, including
12    but not limited to the revocation or suspension of the
13    license or any other disciplinary action taken.
14    (h) Definitions. For the purposes of this Section,
15"obtain", "obtains control", "deception", "property", and
16"permanent deprivation" have the meanings ascribed to those
17terms in Article 15 of this Code.
 
18    (720 ILCS 5/17-10.6 new)
19    Sec. 17-10.6. Financial institution fraud.
20    (a) Misappropriation of financial institution property. A
21person commits misappropriation of a financial institution's
22property whenever he or she knowingly obtains or exerts
23unauthorized control over any of the moneys, funds, credits,
24assets, securities, or other property owned by or under the
25custody or control of a financial institution, or under the

 

 

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1custody or care of any agent, officer, director, or employee of
2such financial institution.
3    (b) Commercial bribery of a financial institution.
4        (1) A person commits commercial bribery of a financial
5    institution when he or she knowingly confers or offers or
6    agrees to confer any benefit upon any employee, agent, or
7    fiduciary without the consent of the latter's employer or
8    principal, with the intent to influence his or her conduct
9    in relation to his or her employer's or principal's
10    affairs.
11        (2) An employee, agent, or fiduciary of a financial
12    institution commits commercial bribery of a financial
13    institution when, without the consent of his or her
14    employer or principal, he or she knowingly solicits,
15    accepts, or agrees to accept any benefit from another
16    person upon an agreement or understanding that such benefit
17    will influence his or her conduct in relation to his or her
18    employer's or principal's affairs.
19    (c) Financial institution fraud. A person commits
20financial institution fraud when he or she knowingly executes
21or attempts to execute a scheme or artifice:
22        (1) to defraud a financial institution; or
23        (2) to obtain any of the moneys, funds, credits,
24    assets, securities, or other property owned by or under the
25    custody or control of a financial institution, by means of
26    pretenses, representations, or promises he or she knows to

 

 

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1    be false.
2    (d) Loan fraud. A person commits loan fraud when he or she
3knowingly, with intent to defraud, makes any false statement or
4report, or overvalues any land, property, or security, with the
5intent to influence in any way the action of a financial
6institution to act upon any application, advance, discount,
7purchase, purchase agreement, repurchase agreement,
8commitment, or loan, or any change or extension of any of the
9same, by renewal, deferment of action, or otherwise, or the
10acceptance, release, or substitution of security.
11    (e) Concealment of collateral. A person commits
12concealment of collateral when he or she, with intent to
13defraud, knowingly conceals, removes, disposes of, or converts
14to the person's own use or to that of another any property
15mortgaged or pledged to or held by a financial institution.
16    (f) Financial institution robbery. A person commits
17robbery when he or she knowingly, by force or threat of force,
18or by intimidation, takes, or attempts to take, from the person
19or presence of another, or obtains or attempts to obtain by
20extortion, any property or money or any other thing of value
21belonging to, or in the care, custody, control, management, or
22possession of, a financial institution.
23    (g) Conspiracy to commit a financial crime.
24        (1) A person commits conspiracy to commit a financial
25    crime when, with the intent that any violation of this
26    Section be committed, he or she agrees with another person

 

 

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1    to the commission of that offense.
2        (2) No person may be convicted of conspiracy to commit
3    a financial crime unless an overt act or acts in
4    furtherance of the agreement is alleged and proved to have
5    been committed by that person or by a co-conspirator and
6    the accused is a part of a common scheme or plan to engage
7    in the unlawful activity.
8        (3) It shall not be a defense to conspiracy to commit a
9    financial crime that the person or persons with whom the
10    accused is alleged to have conspired:
11            (A) has not been prosecuted or convicted;
12            (B) has been convicted of a different offense;
13            (C) is not amenable to justice;
14            (D) has been acquitted; or
15            (E) lacked the capacity to commit the offense.
16    (h) Continuing financial crimes enterprise. A person
17commits a continuing financial crimes enterprise when he or she
18knowingly, within an 18-month period, commits 3 or more
19separate offenses under this Section or, if involving a
20financial institution, any other felony offenses under this
21Code.
22    (i) Organizer of a continuing financial crimes enterprise.
23        (1) A person commits being an organizer of a continuing
24    financial crimes enterprise when he or she:
25            (A) with the intent to commit any offense under
26        this Section, or, if involving a financial

 

 

SB1310 Engrossed- 1097 -LRB096 09456 RLC 19613 b

1        institution, any other felony offense under this Code,
2        agrees with another person to the commission of that
3        offense on 3 or more separate occasions within an
4        18-month period; and
5            (B) with respect to the other persons within the
6        conspiracy, occupies a position of organizer,
7        supervisor, or financier or other position of
8        management.
9        (2) The person with whom the accused agreed to commit
10    the 3 or more offenses under this Section, or, if involving
11    a financial institution, any other felony offenses under
12    this Code, need not be the same person or persons for each
13    offense, as long as the accused was a part of the common
14    scheme or plan to engage in each of the 3 or more alleged
15    offenses.
16    (j) Sentence.
17        (1) Except as otherwise provided in this subsection, a
18    violation of this Section, the full value of which:
19            (A) does not exceed $500, is a Class A misdemeanor;
20            (B) does not exceed $500, and the person has been
21        previously convicted of a financial crime or any type
22        of theft, robbery, armed robbery, burglary,
23        residential burglary, possession of burglary tools, or
24        home invasion, is guilty of a Class 4 felony;
25            (C) exceeds $500 but does not exceed $10,000, is a
26        Class 3 felony;

 

 

SB1310 Engrossed- 1098 -LRB096 09456 RLC 19613 b

1            (D) exceeds $10,000 but does not exceed $100,000,
2        is a Class 2 felony;
3            (E) exceeds $100,000, is a Class 1 felony.
4        (2) A violation of subsection (f) is a Class 1 felony.
5        (3) A violation of subsection (h) is a Class 1 felony.
6        (4) A violation for subsection (i) is a Class X felony.
7    (k) A "financial crime" means an offense described in this
8Section.
9    (l) Period of limitations. The period of limitations for
10prosecution of any offense defined in this Section begins at
11the time when the last act in furtherance of the offense is
12committed.
 
13    (720 ILCS 5/17-10.7 new)
14    Sec. 17-10.7. Insurance claims for excessive charges.
15    (a) A person who sells goods or services commits insurance
16claims for excessive charges if:
17        (1) the person knowingly advertises or promises to
18    provide the goods or services and to pay:
19            (A) all or part of any applicable insurance
20        deductible; or
21            (B) a rebate in an amount equal to all or part of
22        any applicable insurance deductible;
23        (2) the goods or services are paid for by the consumer
24    from proceeds of a property or casualty insurance policy;
25    and

 

 

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1        (3) the person knowingly charges an amount for the
2    goods or services that exceeds the usual and customary
3    charge by the person for the goods or services by an amount
4    equal to or greater than all or part of the applicable
5    insurance deductible paid by the person to an insurer on
6    behalf of an insured or remitted to an insured by the
7    person as a rebate.
8    (b) A person who is insured under a property or casualty
9insurance policy commits insurance claims for excessive
10charges if the person knowingly:
11        (1) submits a claim under the policy based on charges
12    that are in violation of subsection (a) of this Section; or
13        (2) knowingly allows a claim in violation of subsection
14    (a) of this Section to be submitted, unless the person
15    promptly notifies the insurer of the excessive charges.
16    (c) Sentence. A violation of this Section is a Class A
17misdemeanor.
 
18    (720 ILCS 5/Art. 17, Subdiv. 20 heading new)
19
SUBDIVISION 20. FRAUDULENT TAMPERING

 
20    (720 ILCS 5/17-11)  (from Ch. 38, par. 17-11)
21    Sec. 17-11. Odometer or hour meter fraud Fraud. A Any
22person commits odometer or hour meter fraud when he or she
23disconnects, resets, or alters, or causes who shall, with
24intent to defraud another, disconnect, reset, or alter, or

 

 

SB1310 Engrossed- 1100 -LRB096 09456 RLC 19613 b

1cause to be disconnected, reset, or altered, the odometer of
2any used motor vehicle or the hour meter of any used farm
3implement with the intent to conceal or change the actual miles
4driven or hours of operation with the intent to defraud
5another. A violation of this Section is shall be guilty of a
6Class A misdemeanor. A person convicted of a second or
7subsequent violation is of this Section shall be guilty of a
8Class 4 felony. This Section does shall not apply to legitimate
9business practices of automotive or implement parts recyclers
10who recycle used odometers or hour meters for resale.
11(Source: P.A. 84-1391; 84-1438.)
 
12    (720 ILCS 5/17-11.2)
13    Sec. 17-11.2. Installation of object in lieu of air bag. A
14Any person commits installation of object in lieu of airbag
15when he or she, who for consideration, knowingly installs or
16reinstalls in a vehicle any object in lieu of an air bag that
17was designed in accordance with federal safety regulations for
18the make, model, and year of the vehicle as part of a vehicle
19inflatable restraint system. A violation of this Section is
20guilty of a Class A misdemeanor.
21(Source: P.A. 92-809, eff. 1-1-03.)
 
22    (720 ILCS 5/17-11.5)   (was 720 ILCS 5/16-22)
23    Sec. 17-11.5 16-22. Tampering with a security, fire, or
24life safety system.

 

 

SB1310 Engrossed- 1101 -LRB096 09456 RLC 19613 b

1    (a) A person commits the offense of tampering with a
2security, fire, or life safety system when he or she knowingly
3damages, sabotages, destroys, or causes a permanent or
4temporary malfunction in any physical or electronic security,
5fire, or life safety system or any component part of any of
6those systems including, but not limited to, card readers,
7magnetic stripe readers, Wiegand card readers, smart card
8readers, proximity card readers, digital keypads, keypad
9access controls, digital locks, electromagnetic locks,
10electric strikes, electronic exit hardware, exit alarm
11systems, delayed egress systems, biometric access control
12equipment, intrusion detection systems and sensors, burglar
13alarm systems, wireless burglar alarms, silent alarms, duress
14alarms, hold-up alarms, glass break detectors, motion
15detectors, seismic detectors, glass shock sensors, magnetic
16contacts, closed circuit television (CCTV), security cameras,
17digital cameras, dome cameras, covert cameras, spy cameras,
18hidden cameras, wireless cameras, network cameras, IP
19addressable cameras, CCTV camera lenses, video cassette
20recorders, CCTV monitors, CCTV consoles, CCTV housings and
21enclosures, CCTV pan-and-tilt devices, CCTV transmission and
22signal equipment, wireless video transmitters, wireless video
23receivers, radio frequency (RF) or microwave components, or
24both, infrared illuminators, video motion detectors, video
25recorders, time lapse CCTV recorders, digital video recorders
26(DVRs), digital image storage systems, video converters, video

 

 

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1distribution amplifiers, video time-date generators,
2multiplexers, switchers, splitters, fire alarms, smoke alarm
3systems, smoke detectors, flame detectors, fire detection
4systems and sensors, fire sprinklers, fire suppression
5systems, fire extinguishing systems, public address systems,
6intercoms, emergency telephones, emergency call boxes,
7emergency pull stations, telephone entry systems, video entry
8equipment, annunciators, sirens, lights, sounders, control
9panels and components, and all associated computer hardware,
10computer software, control panels, wires, cables, connectors,
11electromechanical components, electronic modules, fiber
12optics, filters, passive components, and power sources
13including batteries and back-up power supplies.
14    (b) Sentence. A violation of this Section is a Class 4
15felony.
16(Source: P.A. 94-707, eff. 6-1-06.)
 
17    (720 ILCS 5/17-13)
18    Sec. 17-13. Fraud in transfers of real and personal
19property Fraudulent land sales.
20    (a) Conditional sale; sale without consent of title holder.
21No person purchasing personal property under a conditional
22sales contract shall, during the existence of such conditional
23sales contract and before the conditions thereof have been
24fulfilled, knowingly sell, transfer, conceal, or in any manner
25dispose of such property, or cause or allow the same to be

 

 

SB1310 Engrossed- 1103 -LRB096 09456 RLC 19613 b

1done, without the written consent of the holder of title.
2    (b) Acknowledgment of fraudulent conveyance. No officer
3authorized to take the proof and acknowledgment of a conveyance
4of real or personal property or other instrument shall
5knowingly certify that the conveyance or other instrument was
6duly proven or acknowledged by a party to the conveyance or
7other instrument when no such acknowledgment or proof was made,
8or was not made at the time it was certified to have been made,
9with intent to injure or defraud or to enable any other person
10to injure or defraud.
11    (c) Fraudulent land sales. No A person, after once selling,
12bartering, or disposing of a tract or tracts of land or a , town
13lot or lots, or executing a bond or agreement for the sale of
14lands, or a town lot or lots, shall who again knowingly and
15with intent to defraud sell, barter, or dispose fraudulently
16sells, barters, or disposes of the same tract or tracts of
17land, or town lot or lots, or any part parts of those tracts of
18land or , town lot or lots, or knowingly and with intent to
19defraud execute fraudulently executes a bond or agreement to
20sell, barter, or dispose of the same land, or lot or lots, or
21any part of that land or , lot or lots, to any other person for a
22valuable consideration is guilty of a Class 3 felony.
23    (d) Sentence. A violation of subsection (a) of this Section
24is a Class A misdemeanor. A violation of subsection (b) of this
25Section is a Class 4 felony. A violation of subsection (c) of
26this Section is a Class 3 felony.

 

 

SB1310 Engrossed- 1104 -LRB096 09456 RLC 19613 b

1(Source: P.A. 89-234, eff. 1-1-96.)
 
2    (720 ILCS 5/17-17)
3    Sec. 17-17. Fraud in Fraudulent issuance of stock
4transactions.
5    (a) No Every president, cashier, treasurer, secretary, or
6other officer, director, or and every agent, attorney, servant,
7or employee of a bank, railroad, or manufacturing or other
8corporation, nor any and every other person, shall who,
9knowingly and designedly, and with intent to defraud, issue,
10sell, transfer, assign, or pledge, or cause or procure a
11person, bank, railroad, or manufacturing or other corporation,
12issues, sells, transfers, assigns, or pledges, or causes or
13procures to be issued, sold, transferred, assigned, or pledged,
14any false, fraudulent, or simulated certificate or other
15evidence of ownership of a share or shares of the capital stock
16of a bank, railroad, or manufacturing or other corporation, is
17guilty of a Class 3 felony.
18    (b) No officer, director, or agent of a bank, railroad, or
19other corporation shall knowingly sign, with intent to issue,
20sell, pledge, or cause to be issued, sold, or pledged, any
21false, fraudulent, or simulated certificate or other evidence
22of the ownership or transfer of a share or shares of the
23capital stock of that corporation, or an instrument purporting
24to be a certificate or other evidence of the ownership or
25transfer, the signing, issuing, selling, or pledging of which

 

 

SB1310 Engrossed- 1105 -LRB096 09456 RLC 19613 b

1by the officer, director, or agent is not authorized by law.
2    (c) Sentence. A violation of this Section is a Class 3
3felony.
4(Source: P.A. 89-234, eff. 1-1-96.)
 
5    (720 ILCS 5/17-20)
6    Sec. 17-20. Obstructing gas, water, or and electric current
7meters. A person commits obstructing gas, water, or electric
8current meters when he or she knowingly, and who, with intent
9to injure or defraud a company, body corporate, copartnership,
10or individual, injures, alters, obstructs, or prevents the
11action of a meter provided for the purpose of measuring and
12registering the quantity of gas, water, or electric current
13consumed by or at a burner, orifice, or place, or supplied to a
14lamp, motor, machine, or appliance, or causes, procures, or
15aids the injuring or altering of any such meter or the
16obstruction or prevention of its action, or makes or causes to
17be made with a gas pipe, water pipe, or electrical conductor
18any connection so as to conduct or supply illumination or
19inflammable gas, water, or electric current to any burner,
20orifice, lamp, motor, or other machine or appliance from which
21the gas, water, or electricity may be consumed or utilized
22without passing through or being registered by a meter or
23without the consent or acquiescence of the company, municipal
24corporation, body corporate, copartnership, or individual
25furnishing or transmitting the gas, water, or electric current

 

 

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1through the gas pipe, water pipe, or electrical conductor. A
2violation of this Section , is guilty of a Class B misdemeanor.
3(Source: P.A. 89-234, eff. 1-1-96.)
 
4    (720 ILCS 5/17-21)
5    Sec. 17-21. Obstructing service meters. A person commits
6obstructing service meters when he or she knowingly, and who,
7with the intent to defraud, tampers with, alters, obstructs or
8prevents the action of a meter, register, or other counting
9device that is a part of a mechanical or electrical machine,
10equipment, or device that measures service, without the consent
11of the owner of the machine, equipment, or device. A violation
12of this Section , is guilty of a Class B misdemeanor.
13(Source: P.A. 89-234, eff. 1-1-96.)
 
14    (720 ILCS 5/17-24)
15    Sec. 17-24. Mail fraud and wire fraud Fraudulent schemes
16and artifices.
17    (a) Mail fraud. A person commits mail fraud when he or she:
18        (1) devises or intends to devise any scheme or artifice
19    to defraud, or to obtain money or property by means of
20    false or fraudulent pretenses, representations, or
21    promises, or to sell, dispose of, loan, exchange, alter,
22    give away, distribute, supply, or furnish or procure for
23    unlawful use any counterfeit obligation, security, or
24    other article, or anything represented to be or intimated

 

 

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1    or held out to be such a counterfeit or spurious article;
2    and
3        (2) with the intent to execute such scheme or artifice
4    or to attempt to do so, does any of the following:
5            (A) Places in any post office or authorized
6        depository for mail matter within this State any matter
7        or thing to be delivered by the United States Postal
8        Service, according to the direction on the matter or
9        thing.
10            (B) Deposits or causes to be deposited in this
11        State any matter or thing to be sent or delivered by
12        mail or by private or commercial carrier, according to
13        the direction on the matter or thing.
14            (C) Takes or receives from mail or from a private
15        or commercial carrier any such matter or thing at the
16        place at which it is directed to be delivered by the
17        person to whom it is addressed.
18            (D) Knowingly causes any such matter or thing to be
19        delivered by mail or by private or commercial carrier,
20        according to the direction on the matter or thing.
21    (b) Wire fraud. (a) Fraud by wire, radio, or television.
22(1) A person commits wire fraud when he or she:
23        (1) (A) devises or intends to devise a scheme or
24    artifice to defraud or to obtain money or property by means
25    of false pretenses, representations, or promises; and
26        (2) for the purpose of executing the scheme or

 

 

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1    artifice, (B) (i) transmits or causes to be transmitted any
2    writings, signals, pictures, sounds, or electronic or
3    electric impulses by means of wire, radio, or television
4    communications:
5            (A) from within this State; or
6            (B) (ii) transmits or causes to be transmitted so
7        that the transmission it is received by a person within
8        this State; or
9            (C) (iii) transmits or causes to be transmitted so
10        that the transmission may it is reasonably foreseeable
11        that it will be accessed by a person within this
12        State. :
13    any writings, signals, pictures, sounds, or electronic or
14electric impulses by means of wire, radio, or television
15communications for the purpose of executing the scheme or
16artifice.
17    (c) Jurisdiction.
18        (1) Mail fraud using a government or private carrier
19    occurs in the county in which mail or other matter is
20    deposited with the United States Postal Service or a
21    private commercial carrier for delivery, if deposited with
22    the United States Postal Service or a private or commercial
23    carrier within this State, and the county in which a person
24    within this State receives the mail or other matter from
25    the United States Postal Service or a private or commercial
26    carrier.

 

 

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1        (2) Wire fraud occurs A scheme or artifice to defraud
2    using electronic transmissions is deemed to occur in the
3    county from which a transmission is sent, if the
4    transmission is sent from within this State, the county in
5    which a person within this State receives the transmission,
6    and the county in which a person who is within this State
7    is located when the person accesses a transmission.
8    (d) Sentence. A violation of this Section is a Class 3
9felony.
10        (3) Wire fraud is a Class 3 felony.
11    (b) Mail fraud.
12        (1) A person commits mail fraud when he or she:
13            (A) devises or intends to devise any scheme or
14        artifice to defraud or to obtain money or property by
15        means of false or fraudulent pretenses,
16        representations or promises, or to sell, dispose of,
17        loan, exchange, alter, give away, distribute, supply,
18        or furnish or procure for unlawful use any counterfeit
19        obligation, security, or other article, or anything
20        represented to be or intimated or held out to be such
21        counterfeit or spurious article; and
22            (B) for the purpose of executing such scheme or
23        artifice or attempting so to do, places in any post
24        office or authorized depository for mail matter within
25        this State, any matter or thing whatever to be
26        delivered by the Postal Service, or deposits or causes

 

 

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1        to be deposited in this State by mail or by private or
2        commercial carrier according to the direction on the
3        matter or thing, or at the place at which it is
4        directed to be delivered by the person to whom it is
5        addressed, any such matter or thing.
6        (2) A scheme or artifice to defraud using a government
7    or private carrier is deemed to occur in the county in
8    which mail or other matter is deposited with the Postal
9    Service or a private commercial carrier for delivery, if
10    deposited with the Postal Service or a private or
11    commercial carrier within this State and the county in
12    which a person within this State receives the mail or other
13    matter from the Postal Service or a private or commercial
14    carrier.
15        (3) Mail fraud is a Class 3 felony.
16    (c) (Blank).
17    (d) The period of limitations for prosecution of any
18offense defined in this Section begins at the time when the
19last act in furtherance of the scheme or artifice is committed.
20    (e) In this Section:
21        (1) "Scheme or artifice to defraud" includes a scheme
22    or artifice to deprive another of the intangible right to
23    honest services.
24        (2) (Blank).
25(Source: P.A. 96-1000, eff. 7-2-10.)
 

 

 

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1    (720 ILCS 5/17-26)
2    Sec. 17-26. Misconduct by a corporate official.
3    (a) A person commits misconduct by a corporate official is
4guilty of a crime when:
5        (1) being a director of a corporation, he or she
6    knowingly, with the intent a purpose to defraud, concurs in
7    any vote or act of the directors of the corporation, or any
8    of them, which has the purpose of:
9            (A) making a dividend except in the manner provided
10        by law;
11            (B) dividing, withdrawing or in any manner paying
12        any stockholder any part of the capital stock of the
13        corporation except in the manner provided by law;
14            (C) discounting or receiving any note or other
15        evidence of debt in payment of an installment of
16        capital stock actually called in and required to be
17        paid, or with purpose of providing the means of making
18        such payment;
19            (D) receiving or discounting any note or other
20        evidence of debt with the purpose of enabling any
21        stockholder to withdraw any part of the money paid in
22        by him or her on his or her stock; or
23            (E) applying any portion of the funds of such
24        corporation, directly or indirectly, to the purchase
25        of shares of its own stock, except in the manner
26        provided by law; or

 

 

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1        (2) being a director or officer of a corporation, he or
2    she, with the intent purpose to defraud:
3            (A) issues, participates in issuing, or concurs in
4        a vote to issue any increase of its capital stock
5        beyond the amount of the capital stock thereof, duly
6        authorized by or in pursuance of law;
7            (B) sells, or agrees to sell, or is directly
8        interested in the sale of any share of stock of such
9        corporation, or in any agreement to sell such stock,
10        unless at the time of the sale or agreement he or she
11        is an actual owner of such share, provided that the
12        foregoing shall not apply to a sale by or on behalf of
13        an underwriter or dealer in connection with a bona fide
14        public offering of shares of stock of such corporation;
15            (C) executes a scheme or attempts to execute a
16        scheme to obtain any share of stock of such corporation
17        by means of false representation; or
18        (3) being a director or officer of a corporation, he or
19    she with the intent purpose to defraud or evade a financial
20    disclosure reporting requirement of this State or of
21    Section 13(A) or 15(D) of the Securities Exchange Act of
22    1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
23            (A) causes or attempts to cause a corporation or
24        accounting firm representing the corporation or any
25        other individual or entity to fail to file a financial
26        disclosure report as required by State or federal law;

 

 

SB1310 Engrossed- 1113 -LRB096 09456 RLC 19613 b

1        or
2            (B) causes or attempts to cause a corporation or
3        accounting firm representing the corporation or any
4        other individual or entity to file a financial
5        disclosure report, as required by State or federal law,
6        that contains a material omission or misstatement of
7        fact.
8    (b) Sentence. If the benefit derived from a violation of
9this Section is $500,000 or more, the violation offender is
10guilty of a Class 2 felony. If the benefit derived from a
11violation of this Section is less than $500,000, the violation
12offender is guilty of a Class 3 felony.
13(Source: P.A. 96-1000, eff. 7-2-10.)
 
14    (720 ILCS 5/17-27)
15    Sec. 17-27. Fraud on creditors in insolvency.
16    (a) Fraud in insolvency. A person commits fraud in
17insolvency when a crime if, knowing that proceedings have or
18are about to be instituted for the appointment of a receiver or
19other person entitled to administer property for the benefit of
20creditors, or that any other composition or liquidation for the
21benefit of creditors has been or is about to be made, he or
22she:
23        (1) destroys, removes, conceals, encumbers, transfers,
24    or otherwise deals with any property or obtains any
25    substantial part of or interest in the debtor's estate with

 

 

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1    the intent purpose to defeat or obstruct the claim of any
2    creditor, or otherwise to obstruct the operation of any law
3    relating to administration of property for the benefit of
4    creditors;
5        (2) knowingly falsifies any writing or record relating
6    to the property; or
7        (3) knowingly misrepresents or refuses to disclose to a
8    receiver or other person entitled to administer property
9    for the benefit of creditors, the existence, amount, or
10    location of the property, or any other information which
11    the actor could be legally required to furnish in relation
12    to such administration.
13    Sentence. (b) If the benefit derived from a violation of
14this subsection (a) Section is $500,000 or more, the violation
15offender is guilty of a Class 2 felony. If the benefit derived
16from a violation of this subsection (a) Section is less than
17$500,000, the violation offender is guilty of a Class 3 felony.
18    (b) Fraud in property transfer. A person commits fraud in
19property transfer when he or she transfers or conveys any
20interest in property with the intent to defraud, defeat,
21hinder, or delay his or her creditors. A violation of this
22subsection (b) is a business offense subject to a fine not to
23exceed $1,000.
24(Source: P.A. 93-496, eff. 1-1-04.)
 
25    (720 ILCS 5/17-30)   (was 720 ILCS 5/16C-2)

 

 

SB1310 Engrossed- 1115 -LRB096 09456 RLC 19613 b

1    Sec. 17-30 16C-2. Defaced, altered, or removed
2manufacturer or owner identification number.
3    (a) Unlawful sale of household appliances. A person commits
4the offense of unlawful sale of household appliances when he or
5she knowingly, with the intent to defraud or deceive another,
6keeps for sale, within any commercial context, any household
7appliance with a missing, defaced, obliterated, or otherwise
8altered manufacturer's identification number.
9    (b) Construction equipment identification defacement. A
10person commits construction equipment identification
11defacement when he or she knowingly changes, alters, removes,
12mutilates, or obliterates a permanently affixed serial number,
13product identification number, part number, component
14identification number, owner-applied identification, or other
15mark of identification attached to or stamped, inscribed,
16molded, or etched into a machine or other equipment, whether
17stationary or mobile or self-propelled, or a part of such
18machine or equipment, used in the construction, maintenance, or
19demolition of buildings, structures, bridges, tunnels, sewers,
20utility pipes or lines, ditches or open cuts, roads, highways,
21dams, airports, or waterways or in material handling for such
22projects.
23    The trier of fact may infer that the defendant has
24knowingly changed, altered, removed, or obliterated the serial
25number, product identification number, part number, component
26identification number, owner-applied identification number, or

 

 

SB1310 Engrossed- 1116 -LRB096 09456 RLC 19613 b

1other mark of identification, if the defendant was in
2possession of any machine or other equipment or a part of such
3machine or equipment used in the construction, maintenance, or
4demolition of buildings, structures, bridges, tunnels, sewers,
5utility pipes or lines, ditches or open cuts, roads, highways,
6dams, airports, or waterways or in material handling for such
7projects upon which any such serial number, product
8identification number, part number, component identification
9number, owner-applied identification number, or other mark of
10identification has been changed, altered, removed, or
11obliterated.
12    (c) Defacement of manufacturer's serial number or
13identification mark. A person commits defacement of a
14manufacturer's serial number or identification mark when he or
15she knowingly removes, alters, defaces, covers, or destroys the
16manufacturer's serial number or any other manufacturer's
17number or distinguishing identification mark upon any machine
18or other article of merchandise, other than a motor vehicle as
19defined in Section 1-146 of the Illinois Vehicle Code or a
20firearm as defined in the Firearm Owners Identification Card
21Act, with the intent of concealing or destroying the identity
22of such machine or other article of merchandise.
23    (d) Sentence.
24        (1) A violation of subsection (a) (b) Violation of this
25    Section is a Class 4 felony, if the value of the appliance
26    or appliances exceeds $1,000 and a Class B misdemeanor if

 

 

SB1310 Engrossed- 1117 -LRB096 09456 RLC 19613 b

1    the value of the appliance or appliances is $1,000 or less.
2        (2) A violation of subsection (b) of this Section is a
3    Class A misdemeanor.
4        (3) A violation of subsection (c) of this Section is a
5    Class B misdemeanor.
6    (e) (c) No liability shall be imposed upon any person for
7the unintentional failure to comply with subsection (a) this
8Section.
9    (f) Definitions. In this Section:
10    "Commercial context" means a continuing business
11enterprise conducted for profit by any person whose primary
12business is the wholesale or retail marketing of household
13appliances, or a significant portion of whose business or
14inventory consists of household appliances kept or sold on a
15wholesale or retail basis.
16    "Household appliance" means any gas or electric device or
17machine marketed for use as home entertainment or for
18facilitating or expediting household tasks or chores. The term
19shall include but not necessarily be limited to refrigerators,
20freezers, ranges, radios, television sets, vacuum cleaners,
21toasters, dishwashers, and other similar household items.
22    "Manufacturer's identification number" means any serial
23number or other similar numerical or alphabetical designation
24imprinted upon or attached to or placed, stamped, or otherwise
25imprinted upon or attached to a household appliance or item by
26the manufacturer for purposes of identifying a particular

 

 

SB1310 Engrossed- 1118 -LRB096 09456 RLC 19613 b

1appliance or item individually or by lot number.
2(Source: P.A. 87-435.)
 
3    (720 ILCS 5/Art. 17, Subdiv. 25 heading new)
4
SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD

 
5    (720 ILCS 5/17-31 new)
6    Sec. 17-31. False statement to procure credit or debit
7card. A person commits false statement to procure credit or
8debit card when he or she makes or causes to be made, either
9directly or indirectly, any false statement in writing, knowing
10it to be false and with the intent that it be relied on,
11respecting his or her identity, his or her address, or his or
12her employment, or that of any other person, firm, or
13corporation, with the intent to procure the issuance of a
14credit card or debit card. A violation of this Section is a
15Class 4 felony.
 
16    (720 ILCS 5/17-32 new)
17    Sec. 17-32. Possession of another's credit, debit, or
18identification card.
19    (a) Possession of another's identification card. A person
20commits possession of another's identification card when he or
21she, with the intent to defraud, possesses any check guarantee
22card or key card or identification card for cash dispensing
23machines without the authority of the account holder or

 

 

SB1310 Engrossed- 1119 -LRB096 09456 RLC 19613 b

1financial institution.
2    (b) Possession of another's credit or debit card. A person
3commits possession of another's credit or debit card when he or
4she receives a credit card or debit card from the person,
5possession, custody, or control of another without the
6cardholder's consent or if he or she, with knowledge that it
7has been so acquired, receives the credit card or debit card
8with the intent to use it or to sell it, or to transfer it to a
9person other than the issuer or the cardholder. The trier of
10fact may infer that a person who has in his or her possession
11or under his or her control 2 or more such credit cards or
12debit cards each issued to a cardholder other than himself or
13herself has violated this Section.
14    (c) Sentence.
15        (1) A violation of subsection (a) of this Section is a
16    Class A misdemeanor. A person who, within any 12-month
17    period, violates subsection (a) of this Section at the same
18    time or consecutively with respect to 3 or more cards, each
19    the property of different account holders, is guilty of a
20    Class 4 felony. A person convicted under subsection (a) of
21    this Section, when the value of property so obtained, in a
22    single transaction or in separate transactions within any
23    90-day period, exceeds $150 is guilty of a Class 4 felony.
24        (2) A violation of subsection (b) of this Section is a
25    Class 4 felony. A person who, in any 12-month period,
26    violates subsection (b) of this Section with respect to 3

 

 

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1    or more credit cards or debit cards each issued to a
2    cardholder other than himself or herself is guilty of a
3    Class 3 felony.
 
4    (720 ILCS 5/17-33 new)
5    Sec. 17-33. Possession of lost or mislaid credit or debit
6card. A person who receives a credit card or debit card that he
7or she knows to have been lost or mislaid and who retains
8possession with intent to use it or to sell it or to transfer
9it to a person other than the issuer or the cardholder is
10guilty of a Class 4 felony.
11    A person who, in a single transaction, violates this
12Section with respect to 3 or more credit cards or debit cards
13each issued to different cardholders other than himself or
14herself is guilty of a Class 3 felony.
 
15    (720 ILCS 5/17-34 new)
16    Sec. 17-34. Sale of credit or debit card. A person other
17than the issuer who sells a credit card or debit card, without
18the consent of the issuer, is guilty of a Class 4 felony.
19    A person who knowingly purchases a credit card or debit
20card from a person other than the issuer, without the consent
21of the issuer, is guilty of a Class 4 felony.
22    A person who, in a single transaction, makes a sale or
23purchase prohibited by this Section with respect to 3 or more
24credit cards or debit cards each issued to a cardholder other

 

 

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1than himself or herself is guilty of a Class 3 felony.
 
2    (720 ILCS 5/17-35 new)
3    Sec. 17-35. Use of credit or debit card as security for
4debt. A person who, with intent to defraud either the issuer,
5or a person providing an item or items of value, or any other
6person, obtains control over a credit card or debit card as
7security for debt or transfers, conveys, or gives control over
8a credit card or debit card as security for debt is guilty of a
9Class 4 felony.
 
10    (720 ILCS 5/17-36 new)
11    Sec. 17-36. Use of counterfeited, forged, expired,
12revoked, or unissued credit or debit card. A person who, with
13intent to defraud either the issuer, or a person providing an
14item or items of value, or any other person, (i) uses, with the
15intent to obtain an item or items of value, a credit card or
16debit card obtained or retained in violation of this
17Subdivision 25 or without the cardholder's consent, or a credit
18card or debit card which he or she knows is counterfeited, or
19forged, or expired, or revoked or (ii) obtains or attempts to
20obtain an item or items of value by representing without the
21consent of the cardholder that he or she is the holder of a
22specified card or by representing that he or she is the holder
23of a card and such card has not in fact been issued is guilty of
24a Class 4 felony if the value of all items of value obtained or

 

 

SB1310 Engrossed- 1122 -LRB096 09456 RLC 19613 b

1sought in violation of this Section does not exceed $300 in any
26-month period; and is guilty of a Class 3 felony if the value
3exceeds $300 in any 6-month period. The trier of fact may infer
4that knowledge of revocation has been received by a cardholder
54 days after it has been mailed to him or her at the address set
6forth on the credit card or debit card or at his or her last
7known address by registered or certified mail, return receipt
8requested, and, if the address is more than 500 miles from the
9place of mailing, by air mail. The trier of fact may infer that
10notice was received 10 days after mailing by registered or
11certified mail if the address is located outside the United
12States, Puerto Rico, the Virgin Islands, the Canal Zone, and
13Canada.
 
14    (720 ILCS 5/17-37 new)
15    Sec. 17-37. Use of credit or debit card with intent to
16defraud. A cardholder who uses a credit card or debit card
17issued to him or her, or allows another person to use a credit
18card or debit card issued to him or her, with intent to defraud
19the issuer, or a person providing an item or items of value, or
20any other person is guilty of a Class A misdemeanor if the
21value of all items of value does not exceed $150 in any 6-month
22period; and is guilty of a Class 4 felony if the value exceeds
23$150 in any 6-month period.
 
24    (720 ILCS 5/17-38 new)

 

 

SB1310 Engrossed- 1123 -LRB096 09456 RLC 19613 b

1    Sec. 17-38. Use of account number or code with intent to
2defraud; possession of record of charge forms.
3    (a) A person who, with intent to defraud either an issuer,
4or a person providing an item or items of value, or any other
5person, utilizes an account number or code or enters
6information on a record of charge form with the intent to
7obtain an item or items of value is guilty of a Class 4 felony
8if the value of the item or items of value obtained does not
9exceed $150 in any 6-month period; and is guilty of a Class 3
10felony if the value exceeds $150 in any 6-month period.
11    (b) A person who, with intent to defraud either an issuer
12or a person providing an item or items of value, or any other
13person, possesses, without the consent of the issuer or
14purported issuer, record of charge forms bearing the printed
15impression of a credit card or debit card is guilty of a Class
164 felony. The trier of fact may infer intent to defraud from
17the possession of such record of charge forms by a person other
18than the issuer or a person authorized by the issuer to possess
19record of charge forms.
 
20    (720 ILCS 5/17-39 new)
21    Sec. 17-39. Receipt of goods or services. A person who
22receives an item or items of value obtained in violation of
23this Subdivision 25, knowing that it was so obtained or under
24such circumstances as would reasonably induce him or her to
25believe that it was so obtained, is guilty of a Class A

 

 

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1misdemeanor if the value of all items of value obtained does
2not exceed $150 in any 6-month period; and is guilty of a Class
34 felony if the value exceeds $150 in any 6-month period.
 
4    (720 ILCS 5/17-40 new)
5    Sec. 17-40. Signing another's card with intent to defraud.
6A person other than the cardholder or a person authorized by
7him or her who, with intent to defraud either the issuer, or a
8person providing an item or items of value, or any other
9person, signs a credit card or debit card is guilty of a Class
10A misdemeanor.
 
11    (720 ILCS 5/17-41 new)
12    Sec. 17-41. Altered or counterfeited card.
13    (a) A person commits an offense under this Section when he
14or she, with intent to defraud either a purported issuer, or a
15person providing an item or items of value, or any other
16person, commits an offense under this Section if he or she: (i)
17alters a credit card or debit card or a purported credit card
18or debit card, or possesses a credit card or debit card or a
19purported credit card or debit card with knowledge that the
20same has been altered; or (ii) counterfeits a purported credit
21card or debit card, or possesses a purported credit card or
22debit card with knowledge that the card has been counterfeited.
23    (b) Sentence. A violation of item (i) of subsection (a) is
24a Class 4 felony. A violation of item (ii) of subsection (a) is

 

 

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1a Class 3 felony. The trier of fact may infer that possession
2of 2 or more credit cards or debit cards by a person other than
3the issuer in violation of subsection (a) is evidence that the
4person intended to defraud or that he or she knew the credit
5cards or debit cards to have been so altered or counterfeited.
 
6    (720 ILCS 5/17-42 new)
7    Sec. 17-42. Possession of incomplete card. A person other
8than the cardholder possessing an incomplete credit card or
9debit card, with intent to complete it without the consent of
10the issuer or a person possessing, with knowledge of its
11character, machinery, plates, or any other contrivance
12designed to reproduce instruments purporting to be credit cards
13or debit cards of an issuer who has not consented to the
14preparation of such credit cards or debit cards is guilty of a
15Class 3 felony. The trier of fact may infer that a person other
16than the cardholder or issuer who possesses 2 or more
17incomplete credit cards or debit cards possesses those cards
18without the consent of the issuer.
 
19    (720 ILCS 5/17-43 new)
20    Sec. 17-43. Prohibited deposits.
21    (a) A person who, with intent to defraud the issuer of a
22credit card or debit card or any person providing an item or
23items of value, or any other person, deposits into his or her
24account or any account, via an electronic fund transfer

 

 

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1terminal, a check, draft, money order, or other such document,
2knowing such document to be false, fictitious, forged, altered,
3counterfeit, or not his or her lawful or legal property, is
4guilty of a Class 4 felony.
5    (b) A person who receives value as a result of a false,
6fictitious, forged, altered, or counterfeit check, draft,
7money order, or other such document having been deposited into
8an account via an electronic fund transfer terminal, knowing at
9the time of receipt of the value that the document so deposited
10was false, fictitious, forged, altered, counterfeit, or not his
11or her lawful or legal property, is guilty of a Class 4 felony.
 
12    (720 ILCS 5/17-44 new)
13    Sec. 17-44. Fraudulent use of electronic transmission.
14    (a) A person who, with intent to defraud the issuer of a
15credit card or debit card, the cardholder, or any other person,
16intercepts, taps, or alters electronic information between an
17electronic fund transfer terminal and the issuer, or originates
18electronic information to an electronic fund transfer terminal
19or to the issuer, via any line, wire, or other means of
20electronic transmission, at any junction, terminal, or device,
21or at any location within the EFT System, with the intent to
22obtain value, is guilty of a Class 4 felony.
23    (b) Any person who, with intent to defraud the issuer of a
24credit card or debit card, the cardholder, or any other person,
25intercepts, taps, or alters electronic information between an

 

 

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1electronic fund transfer terminal and the issuer, or originates
2electronic information to an electronic fund transfer terminal
3or to the issuer, via any line, wire, or other means of
4electronic transmission, at any junction, terminal, or device,
5or at any location within the EFT System, and thereby causes
6funds to be transferred from one account to any other account,
7is guilty of a Class 4 felony.
 
8    (720 ILCS 5/17-45 new)
9    Sec. 17-45. Payment of charges without furnishing item of
10value.
11    (a) No person shall process, deposit, negotiate, or obtain
12payment of a credit card charge through a retail seller's
13account with a financial institution or through a retail
14seller's agreement with a financial institution, card issuer,
15or organization of financial institutions or card issuers if
16that retail seller did not furnish or agree to furnish the item
17or items of value that are the subject of the credit card
18charge.
19    (b) No retail seller shall permit any person to process,
20deposit, negotiate, or obtain payment of a credit card charge
21through the retail seller's account with a financial
22institution or the retail seller's agreement with a financial
23institution, card issuer, or organization of financial
24institutions or card issuers if that retail seller did not
25furnish or agree to furnish the item or items of value that are

 

 

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1the subject of the credit card charge.
2    (c) Subsections (a) and (b) do not apply to any of the
3following:
4        (1) A person who furnishes goods or services on the
5    business premises of a general merchandise retail seller
6    and who processes, deposits, negotiates, or obtains
7    payment of a credit card charge through that general
8    merchandise retail seller's account or agreement.
9        (2) A general merchandise retail seller who permits a
10    person described in paragraph (1) to process, deposit,
11    negotiate, or obtain payment of a credit card charge
12    through that general merchandise retail seller's account
13    or agreement.
14        (3) A franchisee who furnishes the cardholder with an
15    item or items of value that are provided in whole or in
16    part by the franchisor and who processes, deposits,
17    negotiates, or obtains payment of a credit card charge
18    through that franchisor's account or agreement.
19        (4) A franchisor who permits a franchisee described in
20    paragraph (3) to process, deposit, negotiate, or obtain
21    payment of a credit card charge through that franchisor's
22    account or agreement.
23        (5) The credit card issuer or a financial institution
24    or a parent, subsidiary, or affiliate of the card issuer or
25    a financial institution.
26        (6) A person who processes, deposits, negotiates, or

 

 

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1    obtains payment of less than $500 of credit card charges in
2    any one-year period through a retail seller's account or
3    agreement. The person has the burden of producing evidence
4    that the person transacted less than $500 in credit card
5    charges during any one-year period.
6        (7) A telecommunications carrier that includes charges
7    of other parties in its billings to its subscribers and
8    those other parties whose charges are included in the
9    billings of the telecommunications carrier to its
10    subscribers.
11    (d) A person injured by a violation of this Section may
12bring an action for the recovery of damages, equitable relief,
13and reasonable attorney's fees and costs.
14    (e) A person who violates this Section is guilty of a
15business offense and shall be fined $10,000 for each offense.
16Each occurrence in which a person processes, deposits,
17negotiates, or otherwise seeks to obtain payment of a credit
18card charge in violation of subsection (a) constitutes a
19separate offense.
20    (f) The penalties and remedies provided in this Section are
21in addition to any other remedies or penalties provided by law.
22    (g) As used in this Section:
23    "Franchisor" and "franchisee" have the same meanings as in
24Section 3 of the Franchise Disclosure Act of 1987.
25    "Retail seller" has the same meaning as in Section 2.4 of
26the Retail Installment Sales Act.

 

 

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1    "Telecommunications carrier" has the same meaning as in
2Section 13-202 of the Public Utilities Act.
 
3    (720 ILCS 5/17-46 new)
4    Sec. 17-46. Furnishing items of value with intent to
5defraud. A person who is authorized by an issuer to furnish
6money, goods, property, services or anything else of value upon
7presentation of a credit card or debit card by the cardholder,
8or any agent or employee of such person, who, with intent to
9defraud the issuer or the cardholder, furnishes money, goods,
10property, services or anything else of value upon presentation
11of a credit card or debit card obtained or retained in
12violation of this Code or a credit card or debit card which he
13knows is counterfeited, or forged, or expired, or revoked is
14guilty of a Class A misdemeanor, if the value furnished in
15violation of this Section does not exceed $150 in any 6-month
16period; and is guilty of a Class 4 felony if such value exceeds
17$150 in any 6-month period.
 
18    (720 ILCS 5/17-47 new)
19    Sec. 17-47. Failure to furnish items of value. A person who
20is authorized by an issuer to furnish money, goods, property,
21services or anything else of value upon presentation of a
22credit card or debit card by the cardholder, or any agent or
23employee of such person, who, with intent to defraud the issuer
24or the cardholder, fails to furnish money, goods, property,

 

 

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1services or anything else of value which he represents in
2writing to the issuer that he has furnished is guilty of a
3Class A misdemeanor if the difference between the value of all
4money, goods, property, services and anything else of value
5actually furnished and the value represented to the issuer to
6have been furnished does not exceed $150 in any 6-month period;
7and is guilty of a Class 4 felony if such difference exceeds
8$150 in any 6-month period.
 
9    (720 ILCS 5/17-48 new)
10    Sec. 17-48. Repeat offenses. Any person convicted of a
11second or subsequent offense under this Subdivision 25 is
12guilty of a Class 3 felony.
13    For purposes of this Section, an offense is considered a
14second or subsequent offense if, prior to his or her conviction
15of the offense, the offender has at any time been convicted
16under this Subdivision 25, or under any prior Act, or under any
17law of the United States or of any state relating to credit
18card or debit card offenses.
 
19    (720 ILCS 5/17-49 new)
20    Sec. 17-49. Severability. If any provision of this
21Subdivision 25 or its application to any person or
22circumstances is held invalid, the invalidity shall not affect
23other provisions or applications of this Subdivision 25 which
24can be given effect without the invalid provision or

 

 

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1application, and to this end the provisions of this Subdivision
225 are declared to be severable.
 
3    (720 ILCS 5/17-49.5 new)
4    Sec. 17-49.5. Telephone Charge Fraud Act unaffected.
5Nothing contained in this Subdivision 25 shall be construed to
6repeal, amend, or otherwise affect the Telephone Charge Fraud
7Act.
 
8    (720 ILCS 5/Art. 17, Subdiv. 30 heading new)
9
SUBDIVISION 30. COMPUTER FRAUD

 
10    (720 ILCS 5/17-50)   (was 720 ILCS 5/16D-5 and 5/16D-6)
11    Sec. 17-50 16D-5. Computer fraud Fraud.
12    (a) A person commits the offense of computer fraud when he
13or she knowingly:
14        (1) Accesses or causes to be accessed a computer or any
15    part thereof, or a program or data, with the intent for the
16    purpose of devising or executing any scheme or , artifice to
17    defraud, or as part of a deception;
18        (2) Obtains use of, damages, or destroys a computer or
19    any part thereof, or alters, deletes, or removes any
20    program or data contained therein, in connection with any
21    scheme or , artifice to defraud, or as part of a deception;
22    or
23        (3) Accesses or causes to be accessed a computer or any

 

 

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1    part thereof, or a program or data, and obtains money or
2    control over any such money, property, or services of
3    another in connection with any scheme or , artifice to
4    defraud, or as part of a deception.
5    (b) Sentence.
6        (1) A violation of subdivision person who commits the
7    offense of computer fraud as set forth in subsection (a)(1)
8    of this Section is shall be guilty of a Class 4 felony.
9        (2) A violation of subdivision person who commits the
10    offense of computer fraud as set forth in subsection (a)(2)
11    of this Section is shall be guilty of a Class 3 felony.
12        (3) A violation of subdivision person who commits the
13    offense of computer fraud as set forth in subsection (a)(3)
14    of this Section shall:
15            (i) is be guilty of a Class 4 felony if the value
16        of the money, property, or services is $1,000 or less;
17        or
18            (ii) is be guilty of a Class 3 felony if the value
19        of the money, property, or services is more than $1,000
20        but less than $50,000; or
21            (iii) is be guilty of a Class 2 felony if the value
22        of the money, property, or services is $50,000 or more.
23    (c) Sec. 16D-6. Forfeiture of property. Any person who
24commits the offense of computer fraud as set forth in
25subsection (a) Section 16D-5 is subject to the property
26forfeiture provisions set forth in Article 124B of the Code of

 

 

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1Criminal Procedure of 1963.
2(Source: P.A. 85-926; 96-712, eff. 1-1-10.)
 
3    (720 ILCS 5/17-51)  (was 720 ILCS 5/16D-3)
4    Sec. 17-51 16D-3. Computer tampering Tampering.
5    (a) A person commits the offense of computer tampering when
6he or she knowingly and without the authorization of a
7computer's owner, as defined in Section 15-2 of this Code, or
8in excess of the authority granted to him or her:
9        (1) Accesses or causes to be accessed a computer or any
10    part thereof, a computer network, or a program or data;
11        (2) Accesses or causes to be accessed a computer or any
12    part thereof, a computer network, or a program or data, and
13    obtains data or services;
14        (3) Accesses or causes to be accessed a computer or any
15    part thereof, a computer network, or a program or data, and
16    damages or destroys the computer or alters, deletes, or
17    removes a computer program or data;
18        (4) Inserts or attempts to insert a "program" into a
19    computer or computer program knowing or having reason to
20    know believe that such "program" contains information or
21    commands that will or may:
22            (A) damage or destroy that computer, or any other
23        computer subsequently accessing or being accessed by
24        that computer; , or that will or may
25            (B) alter, delete, or remove a computer program or

 

 

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1        data from that computer, or any other computer program
2        or data in a computer subsequently accessing or being
3        accessed by that computer; or , or that will or may
4            (C) cause loss to the users of that computer or the
5        users of a computer which accesses or which is accessed
6        by such "program"; or
7        (5) Falsifies or forges electronic mail transmission
8    information or other routing information in any manner in
9    connection with the transmission of unsolicited bulk
10    electronic mail through or into the computer network of an
11    electronic mail service provider or its subscribers.
12    (a-5) Distributing software to falsify routing
13information. It is shall be unlawful for any person knowingly
14to sell, give, or otherwise distribute or possess with the
15intent to sell, give, or distribute software which:
16        (1) is primarily designed or produced for the purpose
17    of facilitating or enabling the falsification of
18    electronic mail transmission information or other routing
19    information;
20        (2) has only a limited commercially significant
21    purpose or use other than to facilitate or enable the
22    falsification of electronic mail transmission information
23    or other routing information; or
24        (3) is marketed by that person or another acting in
25    concert with that person with that person's knowledge for
26    use in facilitating or enabling the falsification of

 

 

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1    electronic mail transmission information or other routing
2    information.
3    (a-10) For purposes of subsection (a), accessing a computer
4network is deemed to be with the authorization of a computer's
5owner if:
6        (1) the owner authorizes patrons, customers, or guests
7    to access the computer network and the person accessing the
8    computer network is an authorized patron, customer, or
9    guest and complies with all terms or conditions for use of
10    the computer network that are imposed by the owner; or
11        (2) the owner authorizes the public to access the
12    computer network and the person accessing the computer
13    network complies with all terms or conditions for use of
14    the computer network that are imposed by the owner.
15    (b) Sentence.
16        (1) A person who commits the offense of computer
17    tampering as set forth in subdivision subsection (a)(1) or ,
18    (a)(5), or subsection (a-5) of this Section is shall be
19    guilty of a Class B misdemeanor.
20        (2) A person who commits the offense of computer
21    tampering as set forth in subdivision subsection (a)(2) of
22    this Section is shall be guilty of a Class A misdemeanor
23    and a Class 4 felony for the second or subsequent offense.
24        (3) A person who commits the offense of computer
25    tampering as set forth in subdivision subsection (a)(3) or
26    subsection (a)(4) of this Section is shall be guilty of a

 

 

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1    Class 4 felony and a Class 3 felony for the second or
2    subsequent offense.
3        (4) If an the injury arises from the transmission of
4    unsolicited bulk electronic mail, the injured person,
5    other than an electronic mail service provider, may also
6    recover attorney's fees and costs, and may elect, in lieu
7    of actual damages, to recover the lesser of $10 for each
8    and every unsolicited bulk electronic mail message
9    transmitted in violation of this Section, or $25,000 per
10    day. The injured person shall not have a cause of action
11    against the electronic mail service provider that merely
12    transmits the unsolicited bulk electronic mail over its
13    computer network.
14        (5) If an the injury arises from the transmission of
15    unsolicited bulk electronic mail, an injured electronic
16    mail service provider may also recover attorney's fees and
17    costs, and may elect, in lieu of actual damages, to recover
18    the greater of $10 for each and every unsolicited
19    electronic mail advertisement transmitted in violation of
20    this Section, or $25,000 per day.
21        (6) The provisions of this Section shall not be
22    construed to limit any person's right to pursue any
23    additional civil remedy otherwise allowed by law.
24    (c) Whoever suffers loss by reason of a violation of
25subdivision subsection (a)(4) of this Section may, in a civil
26action against the violator, obtain appropriate relief. In a

 

 

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1civil action under this Section, the court may award to the
2prevailing party reasonable attorney's fees and other
3litigation expenses.
4(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10.)
 
5    (720 ILCS 5/17-52)   (was 720 ILCS 5/16D-4)
6    Sec. 17-52 16D-4. Aggravated computer tampering Computer
7Tampering.
8    (a) A person commits aggravated computer tampering when he
9or she commits the offense of computer tampering as set forth
10in paragraph subsection (a)(3) of Section 17-51 16D-3 and he or
11she knowingly:
12        (1) causes disruption of or interference with vital
13    services or operations of State or local government or a
14    public utility; or
15        (2) creates a strong probability of death or great
16    bodily harm to one or more individuals.
17    (b) Sentence.
18        (1) A person who commits the offense of aggravated
19    computer tampering as set forth in paragraph subsection
20    (a)(1) of this Section is shall be guilty of a Class 3
21    felony.
22        (2) A person who commits the offense of aggravated
23    computer tampering as set forth in paragraph subsection
24    (a)(2) of this Section is shall be guilty of a Class 2
25    felony.

 

 

SB1310 Engrossed- 1139 -LRB096 09456 RLC 19613 b

1(Source: P.A. 86-820.)
 
2    (720 ILCS 5/17-52.5)   (was 720 ILCS 5/16D-5.5)
3    Sec. 17-52.5 16D-5.5. Unlawful use of encryption.
4    (a) For the purpose of this Section:
5        "Access" means to intercept, instruct, communicate
6    with, store data in, retrieve from, or otherwise make use
7    of any resources of a computer, network, or data.
8        "Computer" means an electronic device which performs
9    logical, arithmetic, and memory functions by manipulations
10    of electronic or magnetic impulses and includes all
11    equipment related to the computer in a system or network.
12        "Computer contaminant" means any data, information,
13    image, program, signal, or sound that is designated or has
14    the capability to: (1) contaminate, corrupt, consume,
15    damage, destroy, disrupt, modify, record, or transmit; or
16    (2) cause to be contaminated, corrupted, consumed,
17    damaged, destroyed, disrupted, modified, recorded, or
18    transmitted, any other data, information, image, program,
19    signal, or sound contained in a computer, system, or
20    network without the knowledge or consent of the person who
21    owns the other data, information, image, program, signal,
22    or sound or the computer, system, or network.
23        "Computer contaminant" includes, without limitation:
24    (1) a virus, worm, or Trojan horse; (2) spyware that tracks
25    computer activity and is capable of recording and

 

 

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1    transmitting such information to third parties; or (3) any
2    other similar data, information, image, program, signal,
3    or sound that is designed or has the capability to prevent,
4    impede, delay, or disrupt the normal operation or use of
5    any component, device, equipment, system, or network.
6        "Data" means a representation in any form of
7    information, knowledge, facts, concepts, or instructions
8    which is being prepared or has been formally prepared and
9    is intended to be processed, is being processed or has been
10    processed in a system or network.
11        "Encryption" means the use of any protective or
12    disruptive measure, including, without limitation,
13    cryptography, enciphering, encoding, or a computer
14    contaminant, to: (1) prevent, impede, delay, or disrupt
15    access to any data, information, image, program, signal, or
16    sound; (2) cause or make any data, information, image,
17    program, signal, or sound unintelligible or unusable; or
18    (3) prevent, impede, delay, or disrupt the normal operation
19    or use of any component, device, equipment, system, or
20    network.
21        "Network" means a set of related, remotely connected
22    devices and facilities, including more than one system,
23    with the capability to transmit data among any of the
24    devices and facilities. The term includes, without
25    limitation, a local, regional, or global computer network.
26        "Program" means an ordered set of data representing

 

 

SB1310 Engrossed- 1141 -LRB096 09456 RLC 19613 b

1    coded instructions or statements which can be executed by a
2    computer and cause the computer to perform one or more
3    tasks.
4        "System" means a set of related equipment, whether or
5    not connected, which is used with or for a computer.
6    (b) A person shall not knowingly use or attempt to use
7encryption, directly or indirectly, to:
8        (1) commit, facilitate, further, or promote any
9    criminal offense;
10        (2) aid, assist, or encourage another person to commit
11    any criminal offense;
12        (3) conceal evidence of the commission of any criminal
13    offense; or
14        (4) conceal or protect the identity of a person who has
15    committed any criminal offense.
16    (c) Telecommunications carriers and information service
17providers are not liable under this Section, except for willful
18and wanton misconduct, for providing encryption services used
19by others in violation of this Section.
20    (d) Sentence. A person who violates this Section is guilty
21of a Class A misdemeanor, unless the encryption was used or
22attempted to be used to commit an offense for which a greater
23penalty is provided by law. If the encryption was used or
24attempted to be used to commit an offense for which a greater
25penalty is provided by law, the person shall be punished as
26prescribed by law for that offense.

 

 

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1    (e) A person who violates this Section commits a criminal
2offense that is separate and distinct from any other criminal
3offense and may be prosecuted and convicted under this Section
4whether or not the person or any other person is or has been
5prosecuted or convicted for any other criminal offense arising
6out of the same facts as the violation of this Section.
7(Source: P.A. 95-942, eff. 1-1-09.)
 
8    (720 ILCS 5/17-54)   (was 720 ILCS 5/16D-7)
9    Sec. 17-54 16D-7. Evidence of lack of Rebuttable
10Presumption - without authority. For the purposes of Sections
1117-50 through 17-52, the trier of fact may infer that a person
12accessed a computer without the authorization of its owner or
13in excess of the authority granted if the In the event that a
14person accesses or causes to be accessed a computer, which
15access requires a confidential or proprietary code which has
16not been issued to or authorized for use by that person, a
17rebuttable presumption exists that the computer was accessed
18without the authorization of its owner or in excess of the
19authority granted.
20(Source: P.A. 85-926.)
 
21    (720 ILCS 5/17-55 new)
22    Sec. 17-55. Definitions. For the purposes of Sections 17-50
23through 17-53:
24    In addition to its meaning as defined in Section 15-1 of

 

 

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1this Code, "property" means: (1) electronic impulses; (2)
2electronically produced data; (3) confidential, copyrighted,
3or proprietary information; (4) private identification codes
4or numbers which permit access to a computer by authorized
5computer users or generate billings to consumers for purchase
6of goods and services, including but not limited to credit card
7transactions and telecommunications services or permit
8electronic fund transfers; (5) software or programs in either
9machine or human readable form; or (6) any other tangible or
10intangible item relating to a computer or any part thereof.
11    "Access" means to use, instruct, communicate with, store
12data in, retrieve or intercept data from, or otherwise utilize
13any services of, a computer, a network, or data.
14    "Services" includes but is not limited to computer time,
15data manipulation, or storage functions.
16    "Vital services or operations" means those services or
17operations required to provide, operate, maintain, and repair
18network cabling, transmission, distribution, or computer
19facilities necessary to ensure or protect the public health,
20safety, or welfare. Those services or operations include, but
21are not limited to, services provided by medical personnel or
22institutions, fire departments, emergency services agencies,
23national defense contractors, armed forces or militia
24personnel, private and public utility companies, or law
25enforcement agencies.
 

 

 

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1    (720 ILCS 5/Art. 17, Subdiv. 35 heading new)
2
SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD

 
3    (720 ILCS 5/17-56)   (was 720 ILCS 5/16-1.3)
4    Sec. 17-56 16-1.3. Financial exploitation of an elderly
5person or a person with a disability.
6    (a) A person commits the offense of financial exploitation
7of an elderly person or a person with a disability when he or
8she stands in a position of trust or confidence with the
9elderly person or a person with a disability and he or she
10knowingly and by deception or intimidation obtains control over
11the property of an elderly person or a person with a disability
12or illegally uses the assets or resources of an elderly person
13or a person with a disability. The illegal use of the assets or
14resources of an elderly person or a person with a disability
15includes, but is not limited to, the misappropriation of those
16assets or resources by undue influence, breach of a fiduciary
17relationship, fraud, deception, extortion, or use of the assets
18or resources contrary to law.
19    (b) Sentence. Financial exploitation of an elderly person
20or a person with a disability is: (1) a Class 4 felony if the
21value of the property is $300 or less, (2) a Class 3 felony if
22the value of the property is more than $300 but less than
23$5,000, (3) a Class 2 felony if the value of the property is
24$5,000 or more but less than $100,000, and (4) a Class 1 felony
25if the value of the property is $100,000 or more or if the

 

 

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1elderly person is over 70 years of age and the value of the
2property is $15,000 or more or if the elderly person is 80
3years of age or older and the value of the property is $5,000
4or more.
5    (c) (b) For purposes of this Section:
6        (1) "Elderly person" means a person 60 years of age or
7    older.
8        (2) "Person with a disability" means a person who
9    suffers from a physical or mental impairment resulting from
10    disease, injury, functional disorder or congenital
11    condition that impairs the individual's mental or physical
12    ability to independently manage his or her property or
13    financial resources, or both.
14        (3) "Intimidation" means the communication to an
15    elderly person or a person with a disability that he or she
16    shall be deprived of food and nutrition, shelter,
17    prescribed medication or medical care and treatment.
18        (4) "Deception" means, in addition to its meaning as
19    defined in Section 15-4 of this Code, a misrepresentation
20    or concealment of material fact relating to the terms of a
21    contract or agreement entered into with the elderly person
22    or person with a disability or to the existing or
23    pre-existing condition of any of the property involved in
24    such contract or agreement; or the use or employment of any
25    misrepresentation, false pretense or false promise in
26    order to induce, encourage or solicit the elderly person or

 

 

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1    person with a disability to enter into a contract or
2    agreement.
3    The illegal use of the assets or resources of an elderly
4person or a person with a disability includes, but is not
5limited to, the misappropriation of those assets or resources
6by undue influence, breach of a fiduciary relationship, fraud,
7deception, extortion, or use of the assets or resources
8contrary to law.
9    A (c) For purposes of this Section, a person stands in a
10position of trust and confidence with an elderly person or
11person with a disability when he (i) (1) is a parent, spouse,
12adult child or other relative by blood or marriage of the
13elderly person or person with a disability, (ii) (2) is a joint
14tenant or tenant in common with the elderly person or person
15with a disability, (iii) (3) has a legal or fiduciary
16relationship with the elderly person or person with a
17disability, or (iv) (4) is a financial planning or investment
18professional.
19    (d) Limitations. Nothing in this Section shall be construed
20to limit the remedies available to the victim under the
21Illinois Domestic Violence Act of 1986.
22    (e) Good faith efforts. Nothing in this Section shall be
23construed to impose criminal liability on a person who has made
24a good faith effort to assist the elderly person or person with
25a disability in the management of his or her property, but
26through no fault of his or her own has been unable to provide

 

 

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1such assistance.
2    (f) Not a defense. It shall not be a defense to financial
3exploitation of an elderly person or person with a disability
4that the accused reasonably believed that the victim was not an
5elderly person or person with a disability.
6    (g) Civil Liability. A person who is charged by information
7or indictment with the offense of financial exploitation of an
8elderly person or person with a disability and who fails or
9refuses to return the victim's property within 60 days
10following a written demand from the victim or the victim's
11legal representative shall be liable to the victim or to the
12estate of the victim in damages of treble the amount of the
13value of the property obtained, plus reasonable attorney fees
14and court costs. The burden of proof that the defendant
15unlawfully obtained the victim's property shall be by a
16preponderance of the evidence. This subsection shall be
17operative whether or not the defendant has been convicted of
18the offense.
19(Source: P.A. 95-798, eff. 1-1-09.)
 
20    (720 ILCS 5/17-57)   (was 720 ILCS 5/17-28)
21    Sec. 17-57 17-28. Defrauding drug and alcohol screening
22tests.
23    (a) It is unlawful for a person to:
24        (1) manufacture, sell, give away, distribute, or
25    market synthetic or human substances or other products in

 

 

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1    this State or transport urine into this State with the
2    intent of using the synthetic or human substances or other
3    products to defraud a drug or alcohol screening test;
4        (2) substitute or spike a sample or advertise a sample
5    substitution or other spiking device or measure, with the
6    intent of attempting attempt to foil or defeat a drug or
7    alcohol screening test by the substitution or spiking of a
8    sample or the advertisement of a sample substitution or
9    other spiking device or measure;
10        (3) adulterate synthetic or human substances with the
11    intent to defraud a drug or alcohol screening test; or
12        (4) manufacture, sell, or possess adulterants that are
13    intended to be used to adulterate synthetic or human
14    substances with the intent for the purpose of defrauding a
15    drug or alcohol screening test.
16    (b) The For the purpose of determining the intent of the
17defendant who is charged with a violation of this Section, the
18trier of fact may infer intent to violate this Section if take
19into consideration whether or not a heating element or any
20other device used to thwart a drug or alcohol screening test
21accompanies the sale, giving, distribution, or marketing of
22synthetic or human substances or other products or whether or
23not instructions that provide a method for thwarting a drug or
24alcohol screening test accompany the sale, giving,
25distribution, or marketing of synthetic or human substances or
26other products.

 

 

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1    (c) Sentence. A violation of this Section is a Class 4
2felony for which the court shall impose a minimum fine of
3$1,000.
4    (d) For the purposes of this Section, "drug or alcohol
5screening test" includes, but is not limited to, urine testing,
6hair follicle testing, perspiration testing, saliva testing,
7blood testing, fingernail testing, and eye drug testing.
8(Source: P.A. 93-691, eff. 7-9-04.)
 
9    (720 ILCS 5/17-58)   (was 720 ILCS 5/17-16)
10    Sec. 17-58 17-16. Fraudulent production of infant. A person
11who fraudulently produces an infant, falsely pretending it to
12have been born of parents whose child would be entitled to a
13share of a personal estate, or to inherit real estate, with the
14intent of intercepting the inheritance of the real estate, or
15the distribution of the personal property from a person
16lawfully entitled to the personal property, is guilty of a
17Class 3 felony.
18(Source: P.A. 89-234, eff. 1-1-96.)
 
19    (720 ILCS 5/17-59)   (was 720 ILCS 5/39-1)
20    Sec. 17-59 39-1. Criminal usury Usury.
21    (a) A Any person commits criminal usury when, in exchange
22for either a loan of money or other property or forbearance
23from the collection of such a loan, he or she knowingly
24contracts for or receives from an individual, directly or

 

 

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1indirectly, interest, discount, or other consideration at a
2rate greater than 20% per annum either before or after the
3maturity of the loan.
4    (b) When a person has in his or her personal or
5constructive possession records, memoranda, or other
6documentary record of usurious loans, the trier of fact may
7infer it shall be prima facie evidence that he or she has
8violated subsection (a) of this Section Subsection 39-1(a)
9hereof.
10    (c) Sentence. Criminal usury is a Class 4 felony.
11    (d) Non-application to licensed persons. This Section does
12not apply to any loan authorized to be made by any person
13licensed under the Consumer Installment Loan Act or to any loan
14permitted by Sections 4, 4.2 and 4a of the Interest Act or by
15any other law of this State.
16(Source: P.A. 76-1879.)
 
17    (720 ILCS 5/17-60)   (was 720 ILCS 5/17-7)
18    Sec. 17-60 17-7. Promotion of pyramid sales schemes.
19    (a) A person who knowingly sells, offers to sell, or
20attempts to sell the right to participate in a pyramid sales
21scheme commits a Class A misdemeanor.
22    (b) (a) The term "pyramid sales scheme" means any plan or
23operation whereby a person, in exchange for money or other
24thing of value, acquires the opportunity to receive a benefit
25or thing of value, which is primarily based upon the inducement

 

 

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1of additional persons, by himself or others, regardless of
2number, to participate in the same plan or operation and is not
3primarily contingent on the volume or quantity of goods,
4services, or other property sold or distributed or to be sold
5or distributed to persons for purposes of resale to consumers.
6For purposes of this subsection, "money or other thing of
7value" shall not include payments made for sales demonstration
8equipment and materials furnished on a nonprofit basis for use
9in making sales and not for resale.
10    (b) Any person who knowingly sells, offers to sell, or
11attempts to sell the right to participate in a pyramid sales
12scheme commits a Class A misdemeanor.
13(Source: P.A. 83-808.)
 
14    (720 ILCS 5/17-61 new)
15    Sec. 17-61. Unauthorized use of university stationery.
16    (a) No person, firm or corporation shall use the official
17stationery or seal or a facsimile thereof, of any State
18supported university, college or other institution of higher
19education or any organization thereof unless approved in
20writing in advance by the university, college or institution of
21higher education affected, for any private promotional scheme
22wherein it is made to appear that the organization or
23university, college or other institution of higher education is
24endorsing the private promotional scheme.
25    (b) A violation of this Section is a petty offense.
 

 

 

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1    (720 ILCS 5/17-62 new)
2    Sec. 17-62. Unlawful possession of device for
3manufacturing a false universal price code label. It is
4unlawful for a person to knowingly possess a device the purpose
5of which is to manufacture a false, counterfeit, altered, or
6simulated universal price code label. A violation of this
7Section is a Class 3 felony.
 
8    (720 ILCS 5/16D-2 rep.)
9    (720 ILCS 5/Art. 16H rep.)
10    (720 ILCS 5/17-1a rep.)
11    (720 ILCS 5/17-2.5 rep.)
12    (720 ILCS 5/17-4 rep.)
13    (720 ILCS 5/17-8 rep.)
14    (720 ILCS 5/17-10 rep.)
15    (720 ILCS 5/17-11.1 rep.)
16    (720 ILCS 5/17-12 rep.)
17    (720 ILCS 5/17-14 rep.)
18    (720 ILCS 5/17-15 rep.)
19    (720 ILCS 5/17-18 rep.)
20    (720 ILCS 5/17-19 rep.)
21    (720 ILCS 5/17-23 rep.)
22    (720 ILCS 5/Art. 17A rep.)
23    (720 ILCS 5/17B-1 rep.)
24    (720 ILCS 5/17B-5 rep.)

 

 

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1    (720 ILCS 5/17B-10 rep.)
2    (720 ILCS 5/17B-15 rep.)
3    (720 ILCS 5/17B-20 rep.)
4    (720 ILCS 5/17B-25 rep.)
5    (720 ILCS 5/17B-30 rep.)
6    (720 ILCS 5/32-5 rep.)
7    (720 ILCS 5/32-5.1 rep.)
8    (720 ILCS 5/32-5.1-1 rep.)
9    (720 ILCS 5/32-5.2 rep.)
10    (720 ILCS 5/32-5.2-5 rep.)
11    (720 ILCS 5/32-5.3 rep.)
12    (720 ILCS 5/32-5.4 rep.)
13    (720 ILCS 5/32-5.4-1 rep.)
14    (720 ILCS 5/32-5.5 rep.)
15    (720 ILCS 5/32-5.6 rep.)
16    (720 ILCS 5/32-5.7 rep.)
17    (720 ILCS 5/Art. 33C rep.)
18    (720 ILCS 5/Art. 39 heading rep.)
19    (720 ILCS 5/39-2 rep.)
20    (720 ILCS 5/39-3 rep.)
21    (720 ILCS 5/Art. 46 rep.)
22    Section 5-6. The Criminal Code of 1961 is amended by
23repealing Article 16H, Article 17A, Article 33C, Article 46,
24the heading of Article 39, and Sections 16D-2, 17-1a, 17-2.5,
2517-4, 17-8, 17-10, 17-11.1, 17-12, 17-14, 17-15, 17-18, 17-19,
2617-23, 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25, 17B-30,

 

 

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132-5, 32-5.1, 32-5.1-1, 32-5.2, 32-5.2-5, 32-5.3, 32-5.4,
232-5.4-1, 32-5.5, 32-5.6, 32-5.7, 39-2, and 39-3.
 
3    (720 ILCS 240/Act rep.)
4    Section 5-10. The Conditional Sales Protection Act is
5repealed.
 
6    (720 ILCS 245/Act rep.)
7    Section 5-12. The Construction Equipment Identification
8Defacement Act is repealed.
 
9    (720 ILCS 250/Act rep.)
10    Section 5-15. The Illinois Credit Card and Debit Card Act
11is repealed.
 
12    (720 ILCS 290/Act rep.)
13    Section 5-20. The Deceptive Sale of Gold and Silver Act is
14repealed.
 
15    (720 ILCS 295/Act rep.)
16    Section 5-25. The Deceptive Advertising Act is repealed.
 
17    (720 ILCS 305/Act rep.)
18    Section 5-30. The Gasoline Price Advertising Act is
19repealed.
 

 

 

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1    (720 ILCS 325/Act rep.)
2    Section 5-35. The Insurance Claims for Excessive Charges
3Act is repealed.
 
4    (720 ILCS 335/Act rep.)
5    Section 5-37. The Marks and Serial Numbers Act is repealed.
 
6    (720 ILCS 390/Act rep.)
7    Section 5-40. The Use of University Stationery Act is
8repealed.
 
9
Article 10.

 
10    Section 10-5. The Department of Revenue Law of the Civil
11Administrative Code of Illinois is amended by changing Section
122505-400 as follows:
 
13    (20 ILCS 2505/2505-400)  (was 20 ILCS 2505/39b49)
14    Sec. 2505-400. Contracts for collection assistance.
15    (a) The Department has the power to contract for collection
16assistance on a contingent fee basis, with collection fees to
17be retained by the collection agency and the net collections to
18be paid to the Department. In the case of any liability
19referred to a collection agency on or after July 1, 2003, any
20fee charged to the State by the collection agency shall be
21considered additional State tax of the taxpayer imposed under

 

 

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1the Act under which the tax being collected was imposed, shall
2be deemed assessed at the time payment of the tax is made to
3the collection agency, and shall be separately stated in any
4statement or notice of the liability issued by the collection
5agency to the taxpayer.
6    (b) The Department has the power to enter into written
7agreements with State's Attorneys for pursuit of civil
8liability under subsection (E) of Section 17-1 17-1a of the
9Criminal Code of 1961 against persons who have issued to the
10Department checks or other orders in violation of the
11provisions of paragraph (1) (d) of subsection (B) of Section
1217-1 of the Criminal Code of 1961. Of the amount collected, the
13Department shall retain the amount owing upon the dishonored
14check or order along with the dishonored check fee imposed
15under the Uniform Penalty and Interest Act. The balance of
16damages, fees, and costs collected under subsection (E) of
17Section 17-1 17-1a of the Criminal Code of 1961 or under
18Section 17-1a of that Code shall be retained by the State's
19Attorney. The agreement shall not affect the allocation of
20fines and costs imposed in any criminal prosecution.
21    (c) The Department may issue the Secretary of the Treasury
22of the United States (or his or her delegate) notice, as
23required by Section 6402(e) of the Internal Revenue Code, of
24any past due, legally enforceable State income tax obligation
25of a taxpayer. The Department must notify the taxpayer that any
26fee charged to the State by the Secretary of the Treasury of

 

 

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1the United States (or his or her delegate) under Internal
2Revenue Code Section 6402(e) is considered additional State
3income tax of the taxpayer with respect to whom the Department
4issued the notice, and is deemed assessed upon issuance by the
5Department of notice to the Secretary of the Treasury of the
6United States (or his or her delegate) under Section 6402(e) of
7the Internal Revenue Code; a notice of additional State income
8tax is not considered a notice of deficiency, and the taxpayer
9has no right of protest.
10(Source: P.A. 92-492, eff. 1-1-02; 93-25, eff. 6-20-03.)
 
11    Section 10-10. The Counties Code is amended by changing
12Section 3-9005 as follows:
 
13    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
14    Sec. 3-9005. Powers and duties of State's attorney.
15    (a) The duty of each State's attorney shall be:
16        (1) To commence and prosecute all actions, suits,
17    indictments and prosecutions, civil and criminal, in the
18    circuit court for his county, in which the people of the
19    State or county may be concerned.
20        (2) To prosecute all forfeited bonds and
21    recognizances, and all actions and proceedings for the
22    recovery of debts, revenues, moneys, fines, penalties and
23    forfeitures accruing to the State or his county, or to any
24    school district or road district in his county; also, to

 

 

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1    prosecute all suits in his county against railroad or
2    transportation companies, which may be prosecuted in the
3    name of the People of the State of Illinois.
4        (3) To commence and prosecute all actions and
5    proceedings brought by any county officer in his official
6    capacity.
7        (4) To defend all actions and proceedings brought
8    against his county, or against any county or State officer,
9    in his official capacity, within his county.
10        (5) To attend the examination of all persons brought
11    before any judge on habeas corpus, when the prosecution is
12    in his county.
13        (6) To attend before judges and prosecute charges of
14    felony or misdemeanor, for which the offender is required
15    to be recognized to appear before the circuit court, when
16    in his power so to do.
17        (7) To give his opinion, without fee or reward, to any
18    county officer in his county, upon any question or law
19    relating to any criminal or other matter, in which the
20    people or the county may be concerned.
21        (8) To assist the attorney general whenever it may be
22    necessary, and in cases of appeal from his county to the
23    Supreme Court, to which it is the duty of the attorney
24    general to attend, he shall furnish the attorney general at
25    least 10 days before such is due to be filed, a manuscript
26    of a proposed statement, brief and argument to be printed

 

 

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1    and filed on behalf of the people, prepared in accordance
2    with the rules of the Supreme Court. However, if such
3    brief, argument or other document is due to be filed by law
4    or order of court within this 10 day period, then the
5    State's attorney shall furnish such as soon as may be
6    reasonable.
7        (9) To pay all moneys received by him in trust, without
8    delay, to the officer who by law is entitled to the custody
9    thereof.
10        (10) To notify, by first class mail, complaining
11    witnesses of the ultimate disposition of the cases arising
12    from an indictment or an information.
13        (11) To perform such other and further duties as may,
14    from time to time, be enjoined on him by law.
15        (12) To appear in all proceedings by collectors of
16    taxes against delinquent taxpayers for judgments to sell
17    real estate, and see that all the necessary preliminary
18    steps have been legally taken to make the judgment legal
19    and binding.
20        (13) To notify, by first-class mail, the State
21    Superintendent of Education, the applicable regional
22    superintendent of schools, and the superintendent of the
23    employing school district or the chief school
24    administrator of the employing nonpublic school, if any,
25    upon the conviction of any individual known to possess a
26    certificate issued pursuant to Article 21 of the School

 

 

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1    Code of any offense set forth in Section 21-23a of the
2    School Code or any other felony conviction, providing the
3    name of the certificate holder, the fact of the conviction,
4    and the name and location of the court where the conviction
5    occurred. The certificate holder must also be
6    contemporaneously sent a copy of the notice.
7    (b) The State's Attorney of each county shall have
8authority to appoint one or more special investigators to serve
9subpoenas, make return of process and conduct investigations
10which assist the State's Attorney in the performance of his
11duties. A special investigator shall not carry firearms except
12with permission of the State's Attorney and only while carrying
13appropriate identification indicating his employment and in
14the performance of his assigned duties.
15    Subject to the qualifications set forth in this subsection,
16special investigators shall be peace officers and shall have
17all the powers possessed by investigators under the State's
18Attorneys Appellate Prosecutor's Act.
19    No special investigator employed by the State's Attorney
20shall have peace officer status or exercise police powers
21unless he or she successfully completes the basic police
22training course mandated and approved by the Illinois Law
23Enforcement Training Standards Board or such board waives the
24training requirement by reason of the special investigator's
25prior law enforcement experience or training or both. Any
26State's Attorney appointing a special investigator shall

 

 

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1consult with all affected local police agencies, to the extent
2consistent with the public interest, if the special
3investigator is assigned to areas within that agency's
4jurisdiction.
5    Before a person is appointed as a special investigator, his
6fingerprints shall be taken and transmitted to the Department
7of State Police. The Department shall examine its records and
8submit to the State's Attorney of the county in which the
9investigator seeks appointment any conviction information
10concerning the person on file with the Department. No person
11shall be appointed as a special investigator if he has been
12convicted of a felony or other offense involving moral
13turpitude. A special investigator shall be paid a salary and be
14reimbursed for actual expenses incurred in performing his
15assigned duties. The county board shall approve the salary and
16actual expenses and appropriate the salary and expenses in the
17manner prescribed by law or ordinance.
18    (c) The State's Attorney may request and receive from
19employers, labor unions, telephone companies, and utility
20companies location information concerning putative fathers and
21noncustodial parents for the purpose of establishing a child's
22paternity or establishing, enforcing, or modifying a child
23support obligation. In this subsection, "location information"
24means information about (i) the physical whereabouts of a
25putative father or noncustodial parent, (ii) the putative
26father or noncustodial parent's employer, or (iii) the salary,

 

 

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1wages, and other compensation paid and the health insurance
2coverage provided to the putative father or noncustodial parent
3by the employer of the putative father or noncustodial parent
4or by a labor union of which the putative father or
5noncustodial parent is a member.
6    (d) For each State fiscal year, the State's Attorney of
7Cook County shall appear before the General Assembly and
8request appropriations to be made from the Capital Litigation
9Trust Fund to the State Treasurer for the purpose of providing
10assistance in the prosecution of capital cases in Cook County
11and for the purpose of providing assistance to the State in
12post-conviction proceedings in capital cases under Article 122
13of the Code of Criminal Procedure of 1963 and in relation to
14petitions filed under Section 2-1401 of the Code of Civil
15Procedure in relation to capital cases. The State's Attorney
16may appear before the General Assembly at other times during
17the State's fiscal year to request supplemental appropriations
18from the Trust Fund to the State Treasurer.
19    (e) The State's Attorney shall have the authority to enter
20into a written agreement with the Department of Revenue for
21pursuit of civil liability under subsection (E) of Section 17-1
2217-1a of the Criminal Code of 1961 against persons who have
23issued to the Department checks or other orders in violation of
24the provisions of paragraph (1) (d) of subsection (B) of
25Section 17-1 of the Criminal Code of 1961, with the Department
26to retain the amount owing upon the dishonored check or order

 

 

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1along with the dishonored check fee imposed under the Uniform
2Penalty and Interest Act, with the balance of damages, fees,
3and costs collected under subsection (E) of Section 17-1 17-1a
4of the Criminal Code of 1961 or under Section 17-1a of that
5Code to be retained by the State's Attorney. The agreement
6shall not affect the allocation of fines and costs imposed in
7any criminal prosecution.
8(Source: P.A. 96-431, eff. 8-13-09.)
 
9    Section 10-15. The Acupuncture Practice Act is amended by
10changing Section 117 as follows:
 
11    (225 ILCS 2/117)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 117. Suspension of license for failure to pay
14restitution. The Department, without further process or
15hearing, shall suspend the license or other authorization to
16practice of any person issued under this Act who has been
17certified by court order as not having paid restitution to a
18person under Section 8A-3.5 of the Illinois Public Aid Code or
19under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
20person whose license or other authorization to practice is
21suspended under this Section is prohibited from practicing
22until the restitution is made in full.
23(Source: P.A. 94-577, eff. 1-1-06.)
 

 

 

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1    Section 10-20. The Illinois Athletic Trainers Practice Act
2is amended by changing Section 16.5 as follows:
 
3    (225 ILCS 5/16.5)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 16.5. Suspension of license for failure to pay
6restitution. The Department, without further process or
7hearing, shall suspend the license or other authorization to
8practice of any person issued under this Act who has been
9certified by court order as not having paid restitution to a
10person under Section 8A-3.5 of the Illinois Public Aid Code or
11under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
12person whose license or other authorization to practice is
13suspended under this Section is prohibited from practicing
14until the restitution is made in full.
15(Source: P.A. 94-577, eff. 1-1-06.)
 
16    Section 10-25. The Clinical Psychologist Licensing Act is
17amended by changing Section 15.1 as follows:
 
18    (225 ILCS 15/15.1)
19    (Section scheduled to be repealed on January 1, 2017)
20    Sec. 15.1. Suspension of license for failure to pay
21restitution. The Department, without further process or
22hearing, shall suspend the license or other authorization to
23practice of any person issued under this Act who has been

 

 

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1certified by court order as not having paid restitution to a
2person under Section 8A-3.5 of the Illinois Public Aid Code or
3under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
4person whose license or other authorization to practice is
5suspended under this Section is prohibited from practicing
6until the restitution is made in full.
7(Source: P.A. 94-577, eff. 1-1-06.)
 
8    Section 10-30. The Clinical Social Work and Social Work
9Practice Act is amended by changing Section 19.5 as follows:
 
10    (225 ILCS 20/19.5)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 19.5. Suspension of license for failure to pay
13restitution. The Department, without further process or
14hearing, shall suspend the license or other authorization to
15practice of any person issued under this Act who has been
16certified by court order as not having paid restitution to a
17person under Section 8A-3.5 of the Illinois Public Aid Code or
18under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
19person whose license or other authorization to practice is
20suspended under this Section is prohibited from practicing
21until the restitution is made in full.
22(Source: P.A. 94-577, eff. 1-1-06.)
 
23    Section 10-35. The Illinois Dental Practice Act is amended

 

 

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1by changing Section 23c as follows:
 
2    (225 ILCS 25/23c)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 23c. Suspension of license for failure to pay
5restitution. The Department, without further process or
6hearing, shall suspend the license or other authorization to
7practice of any person issued under this Act who has been
8certified by court order as not having paid restitution to a
9person under Section 8A-3.5 of the Illinois Public Aid Code or
10under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
11person whose license or other authorization to practice is
12suspended under this Section is prohibited from practicing
13until the restitution is made in full.
14(Source: P.A. 94-577, eff. 1-1-06.)
 
15    Section 10-40. The Health Care Worker Background Check Act
16is amended by changing Section 25 as follows:
 
17    (225 ILCS 46/25)
18    Sec. 25. Persons ineligible to be hired by health care
19employers and long-term care facilities.
20    (a) In the discretion of the Director of Public Health, as
21soon after January 1, 1996, January 1, 1997, January 1, 2006,
22or October 1, 2007, as applicable, and as is reasonably
23practical, no health care employer shall knowingly hire,

 

 

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1employ, or retain any individual in a position with duties
2involving direct care for clients, patients, or residents, and
3no long-term care facility shall knowingly hire, employ, or
4retain any individual in a position with duties that involve or
5may involve contact with residents or access to the living
6quarters or the financial, medical, or personal records of
7residents, who has been convicted of committing or attempting
8to commit one or more of the following offenses: those defined
9in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
109-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
1110-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2,
1212-3, 12-3.1, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
1312-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1,
1412-15, 12-16, 12-19, 12-21, 12-21.6, 12-32, 12-33, 16-1,
1516-1.3, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1,
1619-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2 of the
17Criminal Code of 1961; those provided in Section 4 of the
18Wrongs to Children Act; those provided in Section 53 of the
19Criminal Jurisprudence Act; those defined in Section 5, 5.1,
205.2, 7, or 9 of the Cannabis Control Act; those defined in the
21Methamphetamine Control and Community Protection Act; or those
22defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1
23of the Illinois Controlled Substances Act, unless the applicant
24or employee obtains a waiver pursuant to Section 40.
25    (a-1) In the discretion of the Director of Public Health,
26as soon after January 1, 2004 or October 1, 2007, as

 

 

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1applicable, and as is reasonably practical, no health care
2employer shall knowingly hire any individual in a position with
3duties involving direct care for clients, patients, or
4residents, and no long-term care facility shall knowingly hire
5any individual in a position with duties that involve or may
6involve contact with residents or access to the living quarters
7or the financial, medical, or personal records of residents,
8who has (i) been convicted of committing or attempting to
9commit one or more of the offenses defined in Section 12-3.3,
1012-4.2-5, 16-2, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44,
1118-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3, or
12subsection (b) of Section 17-32, of the Criminal Code of 1961;
13Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and
14Debit Card Act; or Section 5.1 of the Wrongs to Children Act;
15or (ii) violated Section 50-50 of the Nurse Practice Act,
16unless the applicant or employee obtains a waiver pursuant to
17Section 40 of this Act.
18    A health care employer is not required to retain an
19individual in a position with duties involving direct care for
20clients, patients, or residents, and no long-term care facility
21is required to retain an individual in a position with duties
22that involve or may involve contact with residents or access to
23the living quarters or the financial, medical, or personal
24records of residents, who has been convicted of committing or
25attempting to commit one or more of the offenses enumerated in
26this subsection.

 

 

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1    (b) A health care employer shall not hire, employ, or
2retain any individual in a position with duties involving
3direct care of clients, patients, or residents, and no
4long-term care facility shall knowingly hire, employ, or retain
5any individual in a position with duties that involve or may
6involve contact with residents or access to the living quarters
7or the financial, medical, or personal records of residents, if
8the health care employer becomes aware that the individual has
9been convicted in another state of committing or attempting to
10commit an offense that has the same or similar elements as an
11offense listed in subsection (a) or (a-1), as verified by court
12records, records from a state agency, or an FBI criminal
13history record check, unless the applicant or employee obtains
14a waiver pursuant to Section 40 of this Act. This shall not be
15construed to mean that a health care employer has an obligation
16to conduct a criminal history records check in other states in
17which an employee has resided.
18(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
1995-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
20    Section 10-45. The Hearing Instrument Consumer Protection
21Act is amended by changing Section 18.5 as follows:
 
22    (225 ILCS 50/18.5)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 18.5. Suspension of license for failure to pay

 

 

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1restitution. The Department, without further process or
2hearing, shall suspend the license or other authorization to
3practice of any person issued under this Act who has been
4certified by court order as not having paid restitution to a
5person under Section 8A-3.5 of the Illinois Public Aid Code or
6under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
7person whose license or other authorization to practice is
8suspended under this Section is prohibited from practicing
9until the restitution is made in full.
10(Source: P.A. 94-577, eff. 1-1-06.)
 
11    Section 10-50. The Home Medical Equipment and Services
12Provider License Act is amended by changing Section 77 as
13follows:
 
14    (225 ILCS 51/77)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 77. Suspension of license for failure to pay
17restitution. The Department, without further process or
18hearing, shall suspend the license or other authorization to
19practice of any person issued under this Act who has been
20certified by court order as not having paid restitution to a
21person under Section 8A-3.5 of the Illinois Public Aid Code or
22under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
23person whose license or other authorization to practice is
24suspended under this Section is prohibited from practicing

 

 

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1until the restitution is made in full.
2(Source: P.A. 94-577, eff. 1-1-06.)
 
3    Section 10-55. The Marriage and Family Therapy Licensing
4Act is amended by changing Section 87 as follows:
 
5    (225 ILCS 55/87)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 87. Suspension of license for failure to pay
8restitution. The Department, without further process or
9hearing, shall suspend the license or other authorization to
10practice of any person issued under this Act who has been
11certified by court order as not having paid restitution to a
12person under Section 8A-3.5 of the Illinois Public Aid Code or
13under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
14person whose license or other authorization to practice is
15suspended under this Section is prohibited from practicing
16until the restitution is made in full.
17(Source: P.A. 94-577, eff. 1-1-06.)
 
18    Section 10-60. The Medical Practice Act of 1987 is amended
19by changing Section 22.5 as follows:
 
20    (225 ILCS 60/22.5)
21    (Section scheduled to be repealed on December 31, 2010)
22    Sec. 22.5. Suspension of license for failure to pay

 

 

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1restitution. The Department, without further process or
2hearing, shall suspend the license or other authorization to
3practice of any person issued under this Act who has been
4certified by court order as not having paid restitution to a
5person under Section 8A-3.5 of the Illinois Public Aid Code or
6under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
7person whose license or other authorization to practice is
8suspended under this Section is prohibited from practicing
9until the restitution is made in full.
10(Source: P.A. 94-577, eff. 1-1-06.)
 
11    Section 10-65. The Naprapathic Practice Act is amended by
12changing Section 113 as follows:
 
13    (225 ILCS 63/113)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 113. Suspension of license for failure to pay
16restitution. The Department, without further process or
17hearing, shall suspend the license or other authorization to
18practice of any person issued under this Act who has been
19certified by court order as not having paid restitution to a
20person under Section 8A-3.5 of the Illinois Public Aid Code or
21under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
22person whose license or other authorization to practice is
23suspended under this Section is prohibited from practicing
24until the restitution is made in full.

 

 

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1(Source: P.A. 94-577, eff. 1-1-06.)
 
2    Section 10-70. The Nurse Practice Act is amended by
3changing Section 70-20 as follows:
 
4    (225 ILCS 65/70-20)  (was 225 ILCS 65/20-13)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 70-20. Suspension of license or registration for
7failure to pay restitution. The Department, without further
8process or hearing, shall suspend the license or other
9authorization to practice of any person issued under this Act
10who has been certified by court order as not having paid
11restitution to a person under Section 8A-3.5 of the Illinois
12Public Aid Code or under Section 17-10.5 or 46-1 of the
13Criminal Code of 1961. A person whose license or other
14authorization to practice is suspended under this Section is
15prohibited from practicing until the restitution is made in
16full.
17(Source: P.A. 94-577, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
18    Section 10-75. The Illinois Occupational Therapy Practice
19Act is amended by changing Section 19.17 as follows:
 
20    (225 ILCS 75/19.17)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 19.17. Suspension of license for failure to pay

 

 

SB1310 Engrossed- 1174 -LRB096 09456 RLC 19613 b

1restitution. The Department, without further process or
2hearing, shall suspend the license or other authorization to
3practice of any person issued under this Act who has been
4certified by court order as not having paid restitution to a
5person under Section 8A-3.5 of the Illinois Public Aid Code or
6under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
7person whose license or other authorization to practice is
8suspended under this Section is prohibited from practicing
9until the restitution is made in full.
10(Source: P.A. 94-577, eff. 1-1-06.)
 
11    Section 10-80. The Illinois Optometric Practice Act of 1987
12is amended by changing Section 24.5 as follows:
 
13    (225 ILCS 80/24.5)
14    (Section scheduled to be repealed on January 1, 2017)
15    Sec. 24.5. Suspension of license for failure to pay
16restitution. The Department, without further process or
17hearing, shall suspend the license or other authorization to
18practice of any person issued under this Act who has been
19certified by court order as not having paid restitution to a
20person under Section 8A-3.5 of the Illinois Public Aid Code or
21under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
22person whose license or other authorization to practice is
23suspended under this Section is prohibited from practicing
24until the restitution is made in full.

 

 

SB1310 Engrossed- 1175 -LRB096 09456 RLC 19613 b

1(Source: P.A. 94-577, eff. 1-1-06.)
 
2    Section 10-85. The Orthotics, Prosthetics, and Pedorthics
3Practice Act is amended by changing Section 93 as follows:
 
4    (225 ILCS 84/93)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 93. Suspension of license for failure to pay
7restitution. The Department, without further process or
8hearing, shall suspend the license or other authorization to
9practice of any person issued under this Act who has been
10certified by court order as not having paid restitution to a
11person under Section 8A-3.5 of the Illinois Public Aid Code or
12under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
13person whose license or other authorization to practice is
14suspended under this Section is prohibited from practicing
15until the restitution is made in full.
16(Source: P.A. 94-577, eff. 1-1-06.)
 
17    Section 10-90. The Pharmacy Practice Act is amended by
18changing Section 30.5 as follows:
 
19    (225 ILCS 85/30.5)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 30.5. Suspension of license or certificate for failure
22to pay restitution. The Department, without further process or

 

 

SB1310 Engrossed- 1176 -LRB096 09456 RLC 19613 b

1hearing, shall suspend the license or other authorization to
2practice of any person issued under this Act who has been
3certified by court order as not having paid restitution to a
4person under Section 8A-3.5 of the Illinois Public Aid Code or
5under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
6person whose license or other authorization to practice is
7suspended under this Section is prohibited from practicing
8until the restitution is made in full.
9(Source: P.A. 94-577, eff. 1-1-06.)
 
10    Section 10-95. The Illinois Physical Therapy Act is amended
11by changing Section 17.5 as follows:
 
12    (225 ILCS 90/17.5)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 17.5. Suspension of license for failure to pay
15restitution. The Department, without further process or
16hearing, shall suspend the license or other authorization to
17practice of any person issued under this Act who has been
18certified by court order as not having paid restitution to a
19person under Section 8A-3.5 of the Illinois Public Aid Code or
20under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
21person whose license or other authorization to practice is
22suspended under this Section is prohibited from practicing
23until the restitution is made in full.
24(Source: P.A. 94-577, eff. 1-1-06.)
 

 

 

SB1310 Engrossed- 1177 -LRB096 09456 RLC 19613 b

1    Section 10-100. The Physician Assistant Practice Act of
21987 is amended by changing Section 21.5 as follows:
 
3    (225 ILCS 95/21.5)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 21.5. Suspension of license for failure to pay
6restitution. The Department, without further process or
7hearing, shall suspend the license or other authorization to
8practice of any person issued under this Act who has been
9certified by court order as not having paid restitution to a
10person under Section 8A-3.5 of the Illinois Public Aid Code or
11under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
12person whose license or other authorization to practice is
13suspended under this Section is prohibited from practicing
14until the restitution is made in full.
15(Source: P.A. 94-577, eff. 1-1-06.)
 
16    Section 10-105. The Podiatric Medical Practice Act of 1987
17is amended by changing Section 24.5 as follows:
 
18    (225 ILCS 100/24.5)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 24.5. Suspension of license for failure to pay
21restitution. The Department, without further process or
22hearing, shall suspend the license or other authorization to

 

 

SB1310 Engrossed- 1178 -LRB096 09456 RLC 19613 b

1practice of any person issued under this Act who has been
2certified by court order as not having paid restitution to a
3person under Section 8A-3.5 of the Illinois Public Aid Code or
4under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
5person whose license or other authorization to practice is
6suspended under this Section is prohibited from practicing
7until the restitution is made in full.
8(Source: P.A. 94-577, eff. 1-1-06.)
 
9    Section 10-110. The Respiratory Care Practice Act is
10amended by changing Section 97 as follows:
 
11    (225 ILCS 106/97)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 97. Suspension of license for failure to pay
14restitution. The Department, without further process or
15hearing, shall suspend the license or other authorization to
16practice of any person issued under this Act who has been
17certified by court order as not having paid restitution to a
18person under Section 8A-3.5 of the Illinois Public Aid Code or
19under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
20person whose license or other authorization to practice is
21suspended under this Section is prohibited from practicing
22until the restitution is made in full.
23(Source: P.A. 94-577, eff. 1-1-06.)
 

 

 

SB1310 Engrossed- 1179 -LRB096 09456 RLC 19613 b

1    Section 10-115. The Professional Counselor and Clinical
2Professional Counselor Licensing Act is amended by changing
3Section 83 as follows:
 
4    (225 ILCS 107/83)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 83. Suspension of license for failure to pay
7restitution. The Department, without further process or
8hearing, shall suspend the license or other authorization to
9practice of any person issued under this Act who has been
10certified by court order as not having paid restitution to a
11person under Section 8A-3.5 of the Illinois Public Aid Code or
12under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
13person whose license or other authorization to practice is
14suspended under this Section is prohibited from practicing
15until the restitution is made in full.
16(Source: P.A. 94-577, eff. 1-1-06.)
 
17    Section 10-120. The Illinois Speech-Language Pathology and
18Audiology Practice Act is amended by changing Section 16.3 as
19follows:
 
20    (225 ILCS 110/16.3)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 16.3. Suspension of license for failure to pay
23restitution. The Department, without further process or

 

 

SB1310 Engrossed- 1180 -LRB096 09456 RLC 19613 b

1hearing, shall suspend the license or other authorization to
2practice of any person issued under this Act who has been
3certified by court order as not having paid restitution to a
4person under Section 8A-3.5 of the Illinois Public Aid Code or
5under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
6person whose license or other authorization to practice is
7suspended under this Section is prohibited from practicing
8until the restitution is made in full.
9(Source: P.A. 94-577, eff. 1-1-06.)
 
10    Section 10-125. The Perfusionist Practice Act is amended by
11changing Section 107 as follows:
 
12    (225 ILCS 125/107)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 107. Suspension of license for failure to pay
15restitution. The Department, without further process or
16hearing, shall suspend the license or other authorization to
17practice of any person issued under this Act who has been
18certified by court order as not having paid restitution to a
19person under Section 8A-3.5 of the Illinois Public Aid Code or
20under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
21person whose license or other authorization to practice is
22suspended under this Section is prohibited from practicing
23until the restitution is made in full.
24(Source: P.A. 94-577, eff. 1-1-06.)
 

 

 

SB1310 Engrossed- 1181 -LRB096 09456 RLC 19613 b

1    Section 10-130. The Registered Surgical Assistant and
2Registered Surgical Technologist Title Protection Act is
3amended by changing Section 77 as follows:
 
4    (225 ILCS 130/77)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 77. Suspension of registration for failure to pay
7restitution. The Department, without further process or
8hearing, shall suspend the license or other authorization to
9practice of any person issued under this Act who has been
10certified by court order as not having paid restitution to a
11person under Section 8A-3.5 of the Illinois Public Aid Code or
12under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
13person whose license or other authorization to practice is
14suspended under this Section is prohibited from practicing
15until the restitution is made in full.
16(Source: P.A. 94-577, eff. 1-1-06.)
 
17    Section 10-135. The Genetic Counselor Licensing Act is
18amended by changing Section 97 as follows:
 
19    (225 ILCS 135/97)
20    (Section scheduled to be repealed on January 1, 2015)
21    Sec. 97. Suspension of license for failure to pay
22restitution. The Department, without further process or

 

 

SB1310 Engrossed- 1182 -LRB096 09456 RLC 19613 b

1hearing, shall suspend the license or other authorization to
2practice of any person issued under this Act who has been
3certified by court order as not having paid restitution to a
4person under Section 8A-3.5 of the Illinois Public Aid Code or
5under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
6person whose license or other authorization to practice is
7suspended under this Section is prohibited from practicing
8until the restitution is made in full.
9(Source: P.A. 94-577, eff. 1-1-06.)
 
10    Section 10-140. The Criminal Code of 1961 is amended by
11changing Sections 3-6 and 16-1 as follows:
 
12    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
13    Sec. 3-6. Extended limitations. The period within which a
14prosecution must be commenced under the provisions of Section
153-5 or other applicable statute is extended under the following
16conditions:
17    (a) A prosecution for theft involving a breach of a
18fiduciary obligation to the aggrieved person may be commenced
19as follows:
20        (1) If the aggrieved person is a minor or a person
21    under legal disability, then during the minority or legal
22    disability or within one year after the termination
23    thereof.
24        (2) In any other instance, within one year after the

 

 

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1    discovery of the offense by an aggrieved person, or by a
2    person who has legal capacity to represent an aggrieved
3    person or has a legal duty to report the offense, and is
4    not himself or herself a party to the offense; or in the
5    absence of such discovery, within one year after the proper
6    prosecuting officer becomes aware of the offense. However,
7    in no such case is the period of limitation so extended
8    more than 3 years beyond the expiration of the period
9    otherwise applicable.
10    (b) A prosecution for any offense based upon misconduct in
11office by a public officer or employee may be commenced within
12one year after discovery of the offense by a person having a
13legal duty to report such offense, or in the absence of such
14discovery, within one year after the proper prosecuting officer
15becomes aware of the offense. However, in no such case is the
16period of limitation so extended more than 3 years beyond the
17expiration of the period otherwise applicable.
18    (c) (Blank).
19    (d) A prosecution for child pornography, indecent
20solicitation of a child, soliciting for a juvenile prostitute,
21juvenile pimping or exploitation of a child may be commenced
22within one year of the victim attaining the age of 18 years.
23However, in no such case shall the time period for prosecution
24expire sooner than 3 years after the commission of the offense.
25When the victim is under 18 years of age, a prosecution for
26criminal sexual abuse may be commenced within one year of the

 

 

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1victim attaining the age of 18 years. However, in no such case
2shall the time period for prosecution expire sooner than 3
3years after the commission of the offense.
4    (e) Except as otherwise provided in subdivision (j), a
5prosecution for any offense involving sexual conduct or sexual
6penetration, as defined in Section 12-12 of this Code, where
7the defendant was within a professional or fiduciary
8relationship or a purported professional or fiduciary
9relationship with the victim at the time of the commission of
10the offense may be commenced within one year after the
11discovery of the offense by the victim.
12    (f) A prosecution for any offense set forth in Section 44
13of the "Environmental Protection Act", approved June 29, 1970,
14as amended, may be commenced within 5 years after the discovery
15of such an offense by a person or agency having the legal duty
16to report the offense or in the absence of such discovery,
17within 5 years after the proper prosecuting officer becomes
18aware of the offense.
19    (f-5) A prosecution for any offense set forth in Section
2016G-15 or 16G-20 of this Code may be commenced within 5 years
21after the discovery of the offense by the victim of that
22offense.
23    (g) (Blank).
24    (h) (Blank).
25    (i) Except as otherwise provided in subdivision (j), a
26prosecution for criminal sexual assault, aggravated criminal

 

 

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1sexual assault, or aggravated criminal sexual abuse may be
2commenced within 10 years of the commission of the offense if
3the victim reported the offense to law enforcement authorities
4within 3 years after the commission of the offense.
5    Nothing in this subdivision (i) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8    (j) When the victim is under 18 years of age at the time of
9the offense, a prosecution for criminal sexual assault,
10aggravated criminal sexual assault, predatory criminal sexual
11assault of a child, aggravated criminal sexual abuse, or felony
12criminal sexual abuse, or a prosecution for failure of a person
13who is required to report an alleged or suspected commission of
14any of these offenses under the Abused and Neglected Child
15Reporting Act may be commenced within 20 years after the child
16victim attains 18 years of age. When the victim is under 18
17years of age at the time of the offense, a prosecution for
18misdemeanor criminal sexual abuse may be commenced within 10
19years after the child victim attains 18 years of age.
20    Nothing in this subdivision (j) shall be construed to
21shorten a period within which a prosecution must be commenced
22under any other provision of this Section.
23    (k) A prosecution for theft involving real property
24exceeding $100,000 in value under Section 16-1, identity theft
25under Section 16G-15, aggravated identity theft under Section
2616G-20, or any offense set forth in Article 16H or Section

 

 

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117-10.6 may be commenced within 7 years of the last act
2committed in furtherance of the crime.
3(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
 
4    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
5    Sec. 16-1. Theft.
6    (a) A person commits theft when he knowingly:
7        (1) Obtains or exerts unauthorized control over
8    property of the owner; or
9        (2) Obtains by deception control over property of the
10    owner; or
11        (3) Obtains by threat control over property of the
12    owner; or
13        (4) Obtains control over stolen property knowing the
14    property to have been stolen or under such circumstances as
15    would reasonably induce him to believe that the property
16    was stolen; or
17        (5) Obtains or exerts control over property in the
18    custody of any law enforcement agency which is explicitly
19    represented to him by any law enforcement officer or any
20    individual acting in behalf of a law enforcement agency as
21    being stolen, and
22            (A) Intends to deprive the owner permanently of the
23        use or benefit of the property; or
24            (B) Knowingly uses, conceals or abandons the
25        property in such manner as to deprive the owner

 

 

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1        permanently of such use or benefit; or
2            (C) Uses, conceals, or abandons the property
3        knowing such use, concealment or abandonment probably
4        will deprive the owner permanently of such use or
5        benefit.
6    (b) Sentence.
7        (1) Theft of property not from the person and not
8    exceeding $500 in value is a Class A misdemeanor.
9        (1.1) Theft of property not from the person and not
10    exceeding $500 in value is a Class 4 felony if the theft
11    was committed in a school or place of worship or if the
12    theft was of governmental property.
13        (2) A person who has been convicted of theft of
14    property not from the person and not exceeding $500 in
15    value who has been previously convicted of any type of
16    theft, robbery, armed robbery, burglary, residential
17    burglary, possession of burglary tools, home invasion,
18    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
19    4-103.3 of the Illinois Vehicle Code relating to the
20    possession of a stolen or converted motor vehicle, or a
21    violation of Section 17-36 of the Criminal Code of 1961 or
22    Section 8 of the Illinois Credit Card and Debit Card Act is
23    guilty of a Class 4 felony. When a person has any such
24    prior conviction, the information or indictment charging
25    that person shall state such prior conviction so as to give
26    notice of the State's intention to treat the charge as a

 

 

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1    felony. The fact of such prior conviction is not an element
2    of the offense and may not be disclosed to the jury during
3    trial unless otherwise permitted by issues properly raised
4    during such trial.
5        (3) (Blank).
6        (4) Theft of property from the person not exceeding
7    $500 in value, or theft of property exceeding $500 and not
8    exceeding $10,000 in value, is a Class 3 felony.
9        (4.1) Theft of property from the person not exceeding
10    $500 in value, or theft of property exceeding $500 and not
11    exceeding $10,000 in value, is a Class 2 felony if the
12    theft was committed in a school or place of worship or if
13    the theft was of governmental property.
14        (5) Theft of property exceeding $10,000 and not
15    exceeding $100,000 in value is a Class 2 felony.
16        (5.1) Theft of property exceeding $10,000 and not
17    exceeding $100,000 in value is a Class 1 felony if the
18    theft was committed in a school or place of worship or if
19    the theft was of governmental property.
20        (6) Theft of property exceeding $100,000 and not
21    exceeding $500,000 in value is a Class 1 felony.
22        (6.1) Theft of property exceeding $100,000 in value is
23    a Class X felony if the theft was committed in a school or
24    place of worship or if the theft was of governmental
25    property.
26        (6.2) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value is a Class 1
2    non-probationable felony.
3        (6.3) Theft of property exceeding $1,000,000 in value
4    is a Class X felony.
5        (7) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, in which the offender
7    obtained money or property valued at $5,000 or more from a
8    victim 60 years of age or older is a Class 2 felony.
9        (8) Theft by deception, as described by paragraph (2)
10    of subsection (a) of this Section, in which the offender
11    falsely poses as a landlord or agent or employee of the
12    landlord and obtains a rent payment or a security deposit
13    from a tenant is a Class 3 felony if the rent payment or
14    security deposit obtained does not exceed $500.
15        (9) Theft by deception, as described by paragraph (2)
16    of subsection (a) of this Section, in which the offender
17    falsely poses as a landlord or agent or employee of the
18    landlord and obtains a rent payment or a security deposit
19    from a tenant is a Class 2 felony if the rent payment or
20    security deposit obtained exceeds $500 and does not exceed
21    $10,000.
22        (10) Theft by deception, as described by paragraph (2)
23    of subsection (a) of this Section, in which the offender
24    falsely poses as a landlord or agent or employee of the
25    landlord and obtains a rent payment or a security deposit
26    from a tenant is a Class 1 felony if the rent payment or

 

 

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1    security deposit obtained exceeds $10,000 and does not
2    exceed $100,000.
3        (11) Theft by deception, as described by paragraph (2)
4    of subsection (a) of this Section, in which the offender
5    falsely poses as a landlord or agent or employee of the
6    landlord and obtains a rent payment or a security deposit
7    from a tenant is a Class X felony if the rent payment or
8    security deposit obtained exceeds $100,000.
9    (c) When a charge of theft of property exceeding a
10specified value is brought, the value of the property involved
11is an element of the offense to be resolved by the trier of
12fact as either exceeding or not exceeding the specified value.
13(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
1496-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
 
15    Section 10-145. The Code of Criminal Procedure of 1963 is
16amended by changing Sections 111-4 and 115-10.3 as follows:
 
17    (725 ILCS 5/111-4)
18    Sec. 111-4. Joinder of offenses and defendants.
19    (a) Two or more offenses may be charged in the same
20indictment, information or complaint in a separate count for
21each offense if the offenses charged, whether felonies or
22misdemeanors or both, are based on the same act or on 2 or more
23acts which are part of the same comprehensive transaction.
24    (b) Two or more defendants may be charged in the same

 

 

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1indictment, information or complaint if they are alleged to
2have participated in the same act or in the same comprehensive
3transaction out of which the offense or offenses arose. Such
4defendants may be charged in one or more counts together or
5separately and all of the defendants need not be charged in
6each count.
7    (c) Two or more acts or transactions in violation of any
8provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and
98A-5 of the Illinois Public Aid Code, Section 14 of the
10Illinois Wage Payment and Collection Act, Sections 16-1,
1116-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3, 16B-2,
1216C-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45,
1316H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, or 17-60, or item (ii)
14of subsection (a) or (b) of Section 17-9, or subdivision (a)(2)
15of Section 17-10.5, 17-7, 17-8, 17-9 or 17-10 of the Criminal
16Code of 1961 and Section 118 of Division I of the Criminal
17Jurisprudence Act, may be charged as a single offense in a
18single count of the same indictment, information or complaint,
19if such acts or transactions by one or more defendants are in
20furtherance of a single intention and design or if the
21property, labor or services obtained are of the same person or
22are of several persons having a common interest in such
23property, labor or services. In such a charge, the period
24between the dates of the first and the final such acts or
25transactions may be alleged as the date of the offense and, if
26any such act or transaction by any defendant was committed in

 

 

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1the county where the prosecution was commenced, such county may
2be alleged as the county of the offense.
3(Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09;
496-1207, eff. 7-22-10; 96-1407, eff. 1-1-11; revised 9-2-10.)
 
5    (725 ILCS 5/115-10.3)
6    Sec. 115-10.3. Hearsay exception regarding elder adults.
7    (a) In a prosecution for a physical act, abuse, neglect, or
8financial exploitation perpetrated upon or against an eligible
9adult, as defined in the Elder Abuse and Neglect Act, who has
10been diagnosed by a physician to suffer from (i) any form of
11dementia, developmental disability, or other form of mental
12incapacity or (ii) any physical infirmity, including but not
13limited to prosecutions for violations of Sections 10-1, 10-2,
1410-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4,
1512-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3,
1612-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
1716-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5,
1820-1.1, 24-1.2, and 33A-2 of the Criminal Code of 1961, the
19following evidence shall be admitted as an exception to the
20hearsay rule:
21        (1) testimony by an eligible adult, of an out of court
22    statement made by the eligible adult, that he or she
23    complained of such act to another; and
24        (2) testimony of an out of court statement made by the
25    eligible adult, describing any complaint of such act or

 

 

SB1310 Engrossed- 1193 -LRB096 09456 RLC 19613 b

1    matter or detail pertaining to any act which is an element
2    of an offense which is the subject of a prosecution for a
3    physical act, abuse, neglect, or financial exploitation
4    perpetrated upon or against the eligible adult.
5    (b) Such testimony shall only be admitted if:
6        (1) The court finds in a hearing conducted outside the
7    presence of the jury that the time, content, and
8    circumstances of the statement provide sufficient
9    safeguards of reliability; and
10        (2) The eligible adult either:
11            (A) testifies at the proceeding; or
12            (B) is unavailable as a witness and there is
13        corroborative evidence of the act which is the subject
14        of the statement.
15    (c) If a statement is admitted pursuant to this Section,
16the court shall instruct the jury that it is for the jury to
17determine the weight and credibility to be given the statement
18and that, in making the determination, it shall consider the
19condition of the eligible adult, the nature of the statement,
20the circumstances under which the statement was made, and any
21other relevant factor.
22    (d) The proponent of the statement shall give the adverse
23party reasonable notice of his or her intention to offer the
24statement and the particulars of the statement.
25(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 

 

 

SB1310 Engrossed- 1194 -LRB096 09456 RLC 19613 b

1    Section 10-150. The Unified Code of Corrections is amended
2by changing Sections 3-3-7, 5-5-3, 5-6-3, 5-6-3.1, 5-8-4, and
35-9-1.3 as follows:
 
4    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
5    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
6Release.
7    (a) The conditions of parole or mandatory supervised
8release shall be such as the Prisoner Review Board deems
9necessary to assist the subject in leading a law-abiding life.
10The conditions of every parole and mandatory supervised release
11are that the subject:
12        (1) not violate any criminal statute of any
13    jurisdiction during the parole or release term;
14        (2) refrain from possessing a firearm or other
15    dangerous weapon;
16        (3) report to an agent of the Department of
17    Corrections;
18        (4) permit the agent to visit him or her at his or her
19    home, employment, or elsewhere to the extent necessary for
20    the agent to discharge his or her duties;
21        (5) attend or reside in a facility established for the
22    instruction or residence of persons on parole or mandatory
23    supervised release;
24        (6) secure permission before visiting or writing a
25    committed person in an Illinois Department of Corrections

 

 

SB1310 Engrossed- 1195 -LRB096 09456 RLC 19613 b

1    facility;
2        (7) report all arrests to an agent of the Department of
3    Corrections as soon as permitted by the arresting authority
4    but in no event later than 24 hours after release from
5    custody;
6        (7.5) if convicted of a sex offense as defined in the
7    Sex Offender Management Board Act, the individual shall
8    undergo and successfully complete sex offender treatment
9    conducted in conformance with the standards developed by
10    the Sex Offender Management Board Act by a treatment
11    provider approved by the Board;
12        (7.6) if convicted of a sex offense as defined in the
13    Sex Offender Management Board Act, refrain from residing at
14    the same address or in the same condominium unit or
15    apartment unit or in the same condominium complex or
16    apartment complex with another person he or she knows or
17    reasonably should know is a convicted sex offender or has
18    been placed on supervision for a sex offense; the
19    provisions of this paragraph do not apply to a person
20    convicted of a sex offense who is placed in a Department of
21    Corrections licensed transitional housing facility for sex
22    offenders, or is in any facility operated or licensed by
23    the Department of Children and Family Services or by the
24    Department of Human Services, or is in any licensed medical
25    facility;
26        (7.7) if convicted for an offense that would qualify

 

 

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1    the accused as a sexual predator under the Sex Offender
2    Registration Act on or after the effective date of this
3    amendatory Act of the 94th General Assembly, wear an
4    approved electronic monitoring device as defined in
5    Section 5-8A-2 for the duration of the person's parole,
6    mandatory supervised release term, or extended mandatory
7    supervised release term and if convicted for an offense of
8    criminal sexual assault, aggravated criminal sexual
9    assault, predatory criminal sexual assault of a child,
10    criminal sexual abuse, aggravated criminal sexual abuse,
11    or ritualized abuse of a child committed on or after August
12    11, 2009 (the effective date of Public Act 96-236) when the
13    victim was under 18 years of age at the time of the
14    commission of the offense and the defendant used force or
15    the threat of force in the commission of the offense wear
16    an approved electronic monitoring device as defined in
17    Section 5-8A-2 that has Global Positioning System (GPS)
18    capability for the duration of the person's parole,
19    mandatory supervised release term, or extended mandatory
20    supervised release term;
21        (7.8) if convicted for an offense committed on or after
22    the effective date of this amendatory Act of the 95th
23    General Assembly that would qualify the accused as a child
24    sex offender as defined in Section 11-9.3 or 11-9.4 of the
25    Criminal Code of 1961, refrain from communicating with or
26    contacting, by means of the Internet, a person who is not

 

 

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1    related to the accused and whom the accused reasonably
2    believes to be under 18 years of age; for purposes of this
3    paragraph (7.8), "Internet" has the meaning ascribed to it
4    in Section 16J-5 of the Criminal Code of 1961; and a person
5    is not related to the accused if the person is not: (i) the
6    spouse, brother, or sister of the accused; (ii) a
7    descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (7.9) if convicted under Section 11-6, 11-20.1,
11    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
12    search of computers, PDAs, cellular phones, and other
13    devices under his or her control that are capable of
14    accessing the Internet or storing electronic files, in
15    order to confirm Internet protocol addresses reported in
16    accordance with the Sex Offender Registration Act and
17    compliance with conditions in this Act;
18        (7.10) if convicted for an offense that would qualify
19    the accused as a sex offender or sexual predator under the
20    Sex Offender Registration Act on or after the effective
21    date of this amendatory Act of the 95th General Assembly,
22    not possess prescription drugs for erectile dysfunction;
23        (7.11) if convicted for an offense under Section 11-6,
24    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
25    Code of 1961, or any attempt to commit any of these
26    offenses, committed on or after June 1, 2009 (the effective

 

 

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1    date of Public Act 95-983):
2            (i) not access or use a computer or any other
3        device with Internet capability without the prior
4        written approval of the Department;
5            (ii) submit to periodic unannounced examinations
6        of the offender's computer or any other device with
7        Internet capability by the offender's supervising
8        agent, a law enforcement officer, or assigned computer
9        or information technology specialist, including the
10        retrieval and copying of all data from the computer or
11        device and any internal or external peripherals and
12        removal of such information, equipment, or device to
13        conduct a more thorough inspection;
14            (iii) submit to the installation on the offender's
15        computer or device with Internet capability, at the
16        offender's expense, of one or more hardware or software
17        systems to monitor the Internet use; and
18            (iv) submit to any other appropriate restrictions
19        concerning the offender's use of or access to a
20        computer or any other device with Internet capability
21        imposed by the Board, the Department or the offender's
22        supervising agent;
23        (7.12) if convicted of a sex offense as defined in the
24    Sex Offender Registration Act committed on or after January
25    1, 2010 (the effective date of Public Act 96-262), refrain
26    from accessing or using a social networking website as

 

 

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1    defined in Section 17-0.5 16D-2 of the Criminal Code of
2    1961;
3        (7.13) if convicted of a sex offense as defined in
4    Section 2 of the Sex Offender Registration Act committed on
5    or after January 1, 2010 (the effective date of Public Act
6    96-362) that requires the person to register as a sex
7    offender under that Act, may not knowingly use any computer
8    scrub software on any computer that the sex offender uses;
9        (8) obtain permission of an agent of the Department of
10    Corrections before leaving the State of Illinois;
11        (9) obtain permission of an agent of the Department of
12    Corrections before changing his or her residence or
13    employment;
14        (10) consent to a search of his or her person,
15    property, or residence under his or her control;
16        (11) refrain from the use or possession of narcotics or
17    other controlled substances in any form, or both, or any
18    paraphernalia related to those substances and submit to a
19    urinalysis test as instructed by a parole agent of the
20    Department of Corrections;
21        (12) not frequent places where controlled substances
22    are illegally sold, used, distributed, or administered;
23        (13) not knowingly associate with other persons on
24    parole or mandatory supervised release without prior
25    written permission of his or her parole agent and not
26    associate with persons who are members of an organized gang

 

 

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1    as that term is defined in the Illinois Streetgang
2    Terrorism Omnibus Prevention Act;
3        (14) provide true and accurate information, as it
4    relates to his or her adjustment in the community while on
5    parole or mandatory supervised release or to his or her
6    conduct while incarcerated, in response to inquiries by his
7    or her parole agent or of the Department of Corrections;
8        (15) follow any specific instructions provided by the
9    parole agent that are consistent with furthering
10    conditions set and approved by the Prisoner Review Board or
11    by law, exclusive of placement on electronic detention, to
12    achieve the goals and objectives of his or her parole or
13    mandatory supervised release or to protect the public.
14    These instructions by the parole agent may be modified at
15    any time, as the agent deems appropriate;
16        (16) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial minors
20    are present, not participate in a holiday event involving
21    children under 18 years of age, such as distributing candy
22    or other items to children on Halloween, wearing a Santa
23    Claus costume on or preceding Christmas, being employed as
24    a department store Santa Claus, or wearing an Easter Bunny
25    costume on or preceding Easter; and
26        (17) if convicted of a violation of an order of

 

 

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1    protection under Section 12-30 of the Criminal Code of
2    1961, be placed under electronic surveillance as provided
3    in Section 5-8A-7 of this Code.
4    (b) The Board may in addition to other conditions require
5that the subject:
6        (1) work or pursue a course of study or vocational
7    training;
8        (2) undergo medical or psychiatric treatment, or
9    treatment for drug addiction or alcoholism;
10        (3) attend or reside in a facility established for the
11    instruction or residence of persons on probation or parole;
12        (4) support his dependents;
13        (5) (blank);
14        (6) (blank);
15        (7) comply with the terms and conditions of an order of
16    protection issued pursuant to the Illinois Domestic
17    Violence Act of 1986, enacted by the 84th General Assembly,
18    or an order of protection issued by the court of another
19    state, tribe, or United States territory;
20        (7.5) if convicted for an offense committed on or after
21    the effective date of this amendatory Act of the 95th
22    General Assembly that would qualify the accused as a child
23    sex offender as defined in Section 11-9.3 or 11-9.4 of the
24    Criminal Code of 1961, refrain from communicating with or
25    contacting, by means of the Internet, a person who is
26    related to the accused and whom the accused reasonably

 

 

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1    believes to be under 18 years of age; for purposes of this
2    paragraph (7.5), "Internet" has the meaning ascribed to it
3    in Section 16J-5 of the Criminal Code of 1961; and a person
4    is related to the accused if the person is: (i) the spouse,
5    brother, or sister of the accused; (ii) a descendant of the
6    accused; (iii) a first or second cousin of the accused; or
7    (iv) a step-child or adopted child of the accused;
8        (7.6) if convicted for an offense committed on or after
9    June 1, 2009 (the effective date of Public Act 95-983) that
10    would qualify as a sex offense as defined in the Sex
11    Offender Registration Act:
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the Department;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's supervising
18        agent, a law enforcement officer, or assigned computer
19        or information technology specialist, including the
20        retrieval and copying of all data from the computer or
21        device and any internal or external peripherals and
22        removal of such information, equipment, or device to
23        conduct a more thorough inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or software

 

 

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1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the Board, the Department or the offender's
6        supervising agent; and
7        (8) in addition, if a minor:
8            (i) reside with his parents or in a foster home;
9            (ii) attend school;
10            (iii) attend a non-residential program for youth;
11        or
12            (iv) contribute to his own support at home or in a
13        foster home.
14    (b-1) In addition to the conditions set forth in
15subsections (a) and (b), persons required to register as sex
16offenders pursuant to the Sex Offender Registration Act, upon
17release from the custody of the Illinois Department of
18Corrections, may be required by the Board to comply with the
19following specific conditions of release:
20        (1) reside only at a Department approved location;
21        (2) comply with all requirements of the Sex Offender
22    Registration Act;
23        (3) notify third parties of the risks that may be
24    occasioned by his or her criminal record;
25        (4) obtain the approval of an agent of the Department
26    of Corrections prior to accepting employment or pursuing a

 

 

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1    course of study or vocational training and notify the
2    Department prior to any change in employment, study, or
3    training;
4        (5) not be employed or participate in any volunteer
5    activity that involves contact with children, except under
6    circumstances approved in advance and in writing by an
7    agent of the Department of Corrections;
8        (6) be electronically monitored for a minimum of 12
9    months from the date of release as determined by the Board;
10        (7) refrain from entering into a designated geographic
11    area except upon terms approved in advance by an agent of
12    the Department of Corrections. The terms may include
13    consideration of the purpose of the entry, the time of day,
14    and others accompanying the person;
15        (8) refrain from having any contact, including written
16    or oral communications, directly or indirectly, personally
17    or by telephone, letter, or through a third party with
18    certain specified persons including, but not limited to,
19    the victim or the victim's family without the prior written
20    approval of an agent of the Department of Corrections;
21        (9) refrain from all contact, directly or indirectly,
22    personally, by telephone, letter, or through a third party,
23    with minor children without prior identification and
24    approval of an agent of the Department of Corrections;
25        (10) neither possess or have under his or her control
26    any material that is sexually oriented, sexually

 

 

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1    stimulating, or that shows male or female sex organs or any
2    pictures depicting children under 18 years of age nude or
3    any written or audio material describing sexual
4    intercourse or that depicts or alludes to sexual activity,
5    including but not limited to visual, auditory, telephonic,
6    or electronic media, or any matter obtained through access
7    to any computer or material linked to computer access use;
8        (11) not patronize any business providing sexually
9    stimulating or sexually oriented entertainment nor utilize
10    "900" or adult telephone numbers;
11        (12) not reside near, visit, or be in or about parks,
12    schools, day care centers, swimming pools, beaches,
13    theaters, or any other places where minor children
14    congregate without advance approval of an agent of the
15    Department of Corrections and immediately report any
16    incidental contact with minor children to the Department;
17        (13) not possess or have under his or her control
18    certain specified items of contraband related to the
19    incidence of sexually offending as determined by an agent
20    of the Department of Corrections;
21        (14) may be required to provide a written daily log of
22    activities if directed by an agent of the Department of
23    Corrections;
24        (15) comply with all other special conditions that the
25    Department may impose that restrict the person from
26    high-risk situations and limit access to potential

 

 

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1    victims;
2        (16) take an annual polygraph exam;
3        (17) maintain a log of his or her travel; or
4        (18) obtain prior approval of his or her parole officer
5    before driving alone in a motor vehicle.
6    (c) The conditions under which the parole or mandatory
7supervised release is to be served shall be communicated to the
8person in writing prior to his release, and he shall sign the
9same before release. A signed copy of these conditions,
10including a copy of an order of protection where one had been
11issued by the criminal court, shall be retained by the person
12and another copy forwarded to the officer in charge of his
13supervision.
14    (d) After a hearing under Section 3-3-9, the Prisoner
15Review Board may modify or enlarge the conditions of parole or
16mandatory supervised release.
17    (e) The Department shall inform all offenders committed to
18the Department of the optional services available to them upon
19release and shall assist inmates in availing themselves of such
20optional services upon their release on a voluntary basis.
21    (f) When the subject is in compliance with all conditions
22of his or her parole or mandatory supervised release, the
23subject shall receive a reduction of the period of his or her
24parole or mandatory supervised release of 90 days upon passage
25of the high school level Test of General Educational
26Development during the period of his or her parole or mandatory

 

 

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1supervised release. This reduction in the period of a subject's
2term of parole or mandatory supervised release shall be
3available only to subjects who have not previously earned a
4high school diploma or who have not previously passed the high
5school level Test of General Educational Development.
6(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
7eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
8eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
996-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
1096-1000, eff. 7-2-10.)
 
11    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
12    Sec. 5-5-3. Disposition.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (1) (Blank).
16        (2) A period of probation, a term of periodic
17    imprisonment or conditional discharge shall not be imposed
18    for the following offenses. The court shall sentence the
19    offender to not less than the minimum term of imprisonment
20    set forth in this Code for the following offenses, and may
21    order a fine or restitution or both in conjunction with
22    such term of imprisonment:
23            (A) First degree murder where the death penalty is
24        not imposed.
25            (B) Attempted first degree murder.

 

 

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1            (C) A Class X felony.
2            (D) A violation of Section 401.1 or 407 of the
3        Illinois Controlled Substances Act, or a violation of
4        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
5        of that Act which relates to more than 5 grams of a
6        substance containing heroin, cocaine, fentanyl, or an
7        analog thereof.
8            (E) A violation of Section 5.1 or 9 of the Cannabis
9        Control Act.
10            (F) A Class 2 or greater felony if the offender had
11        been convicted of a Class 2 or greater felony,
12        including any state or federal conviction for an
13        offense that contained, at the time it was committed,
14        the same elements as an offense now (the date of the
15        offense committed after the prior Class 2 or greater
16        felony) classified as a Class 2 or greater felony,
17        within 10 years of the date on which the offender
18        committed the offense for which he or she is being
19        sentenced, except as otherwise provided in Section
20        40-10 of the Alcoholism and Other Drug Abuse and
21        Dependency Act.
22            (F-5) A violation of Section 24-1, 24-1.1, or
23        24-1.6 of the Criminal Code of 1961 for which
24        imprisonment is prescribed in those Sections.
25            (G) Residential burglary, except as otherwise
26        provided in Section 40-10 of the Alcoholism and Other

 

 

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1        Drug Abuse and Dependency Act.
2            (H) Criminal sexual assault.
3            (I) Aggravated battery of a senior citizen.
4            (J) A forcible felony if the offense was related to
5        the activities of an organized gang.
6            Before July 1, 1994, for the purposes of this
7        paragraph, "organized gang" means an association of 5
8        or more persons, with an established hierarchy, that
9        encourages members of the association to perpetrate
10        crimes or provides support to the members of the
11        association who do commit crimes.
12            Beginning July 1, 1994, for the purposes of this
13        paragraph, "organized gang" has the meaning ascribed
14        to it in Section 10 of the Illinois Streetgang
15        Terrorism Omnibus Prevention Act.
16            (K) Vehicular hijacking.
17            (L) A second or subsequent conviction for the
18        offense of hate crime when the underlying offense upon
19        which the hate crime is based is felony aggravated
20        assault or felony mob action.
21            (M) A second or subsequent conviction for the
22        offense of institutional vandalism if the damage to the
23        property exceeds $300.
24            (N) A Class 3 felony violation of paragraph (1) of
25        subsection (a) of Section 2 of the Firearm Owners
26        Identification Card Act.

 

 

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1            (O) A violation of Section 12-6.1 of the Criminal
2        Code of 1961.
3            (P) A violation of paragraph (1), (2), (3), (4),
4        (5), or (7) of subsection (a) of Section 11-20.1 of the
5        Criminal Code of 1961.
6            (Q) A violation of Section 20-1.2 or 20-1.3 of the
7        Criminal Code of 1961.
8            (R) A violation of Section 24-3A of the Criminal
9        Code of 1961.
10            (S) (Blank).
11            (T) A second or subsequent violation of the
12        Methamphetamine Control and Community Protection Act.
13            (U) A second or subsequent violation of Section
14        6-303 of the Illinois Vehicle Code committed while his
15        or her driver's license, permit, or privilege was
16        revoked because of a violation of Section 9-3 of the
17        Criminal Code of 1961, relating to the offense of
18        reckless homicide, or a similar provision of a law of
19        another state.
20            (V) A violation of paragraph (4) of subsection (c)
21        of Section 11-20.3 of the Criminal Code of 1961.
22            (W) A violation of Section 24-3.5 of the Criminal
23        Code of 1961.
24            (X) A violation of subsection (a) of Section 31-1a
25        of the Criminal Code of 1961.
26            (Y) A conviction for unlawful possession of a

 

 

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1        firearm by a street gang member when the firearm was
2        loaded or contained firearm ammunition.
3            (Z) A Class 1 felony committed while he or she was
4        serving a term of probation or conditional discharge
5        for a felony.
6            (AA) Theft of property exceeding $500,000 and not
7        exceeding $1,000,000 in value.
8            (BB) Laundering of criminally derived property of
9        a value exceeding $500,000.
10            (CC) Knowingly selling, offering for sale, holding
11        for sale, or using 2,000 or more counterfeit items or
12        counterfeit items having a retail value in the
13        aggregate of $500,000 or more.
14        (3) (Blank).
15        (4) A minimum term of imprisonment of not less than 10
16    consecutive days or 30 days of community service shall be
17    imposed for a violation of paragraph (c) of Section 6-303
18    of the Illinois Vehicle Code.
19        (4.1) (Blank).
20        (4.2) Except as provided in paragraphs (4.3) and (4.8)
21    of this subsection (c), a minimum of 100 hours of community
22    service shall be imposed for a second violation of Section
23    6-303 of the Illinois Vehicle Code.
24        (4.3) A minimum term of imprisonment of 30 days or 300
25    hours of community service, as determined by the court,
26    shall be imposed for a second violation of subsection (c)

 

 

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1    of Section 6-303 of the Illinois Vehicle Code.
2        (4.4) Except as provided in paragraphs (4.5), (4.6),
3    and (4.9) of this subsection (c), a minimum term of
4    imprisonment of 30 days or 300 hours of community service,
5    as determined by the court, shall be imposed for a third or
6    subsequent violation of Section 6-303 of the Illinois
7    Vehicle Code.
8        (4.5) A minimum term of imprisonment of 30 days shall
9    be imposed for a third violation of subsection (c) of
10    Section 6-303 of the Illinois Vehicle Code.
11        (4.6) Except as provided in paragraph (4.10) of this
12    subsection (c), a minimum term of imprisonment of 180 days
13    shall be imposed for a fourth or subsequent violation of
14    subsection (c) of Section 6-303 of the Illinois Vehicle
15    Code.
16        (4.7) A minimum term of imprisonment of not less than
17    30 consecutive days, or 300 hours of community service,
18    shall be imposed for a violation of subsection (a-5) of
19    Section 6-303 of the Illinois Vehicle Code, as provided in
20    subsection (b-5) of that Section.
21        (4.8) A mandatory prison sentence shall be imposed for
22    a second violation of subsection (a-5) of Section 6-303 of
23    the Illinois Vehicle Code, as provided in subsection (c-5)
24    of that Section. The person's driving privileges shall be
25    revoked for a period of not less than 5 years from the date
26    of his or her release from prison.

 

 

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1        (4.9) A mandatory prison sentence of not less than 4
2    and not more than 15 years shall be imposed for a third
3    violation of subsection (a-5) of Section 6-303 of the
4    Illinois Vehicle Code, as provided in subsection (d-2.5) of
5    that Section. The person's driving privileges shall be
6    revoked for the remainder of his or her life.
7        (4.10) A mandatory prison sentence for a Class 1 felony
8    shall be imposed, and the person shall be eligible for an
9    extended term sentence, for a fourth or subsequent
10    violation of subsection (a-5) of Section 6-303 of the
11    Illinois Vehicle Code, as provided in subsection (d-3.5) of
12    that Section. The person's driving privileges shall be
13    revoked for the remainder of his or her life.
14        (5) The court may sentence a corporation or
15    unincorporated association convicted of any offense to:
16            (A) a period of conditional discharge;
17            (B) a fine;
18            (C) make restitution to the victim under Section
19        5-5-6 of this Code.
20        (5.1) In addition to any other penalties imposed, and
21    except as provided in paragraph (5.2) or (5.3), a person
22    convicted of violating subsection (c) of Section 11-907 of
23    the Illinois Vehicle Code shall have his or her driver's
24    license, permit, or privileges suspended for at least 90
25    days but not more than one year, if the violation resulted
26    in damage to the property of another person.

 

 

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

 

 

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1    reinstatement fee of $100.
2        (6) (Blank).
3        (7) (Blank).
4        (8) (Blank).
5        (9) A defendant convicted of a second or subsequent
6    offense of ritualized abuse of a child may be sentenced to
7    a term of natural life imprisonment.
8        (10) (Blank).
9        (11) The court shall impose a minimum fine of $1,000
10    for a first offense and $2,000 for a second or subsequent
11    offense upon a person convicted of or placed on supervision
12    for battery when the individual harmed was a sports
13    official or coach at any level of competition and the act
14    causing harm to the sports official or coach occurred
15    within an athletic facility or within the immediate
16    vicinity of the athletic facility at which the sports
17    official or coach was an active participant of the athletic
18    contest held at the athletic facility. For the purposes of
19    this paragraph (11), "sports official" means a person at an
20    athletic contest who enforces the rules of the contest,
21    such as an umpire or referee; "athletic facility" means an
22    indoor or outdoor playing field or recreational area where
23    sports activities are conducted; and "coach" means a person
24    recognized as a coach by the sanctioning authority that
25    conducted the sporting event.
26        (12) A person may not receive a disposition of court

 

 

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1    supervision for a violation of Section 5-16 of the Boat
2    Registration and Safety Act if that person has previously
3    received a disposition of court supervision for a violation
4    of that Section.
5        (13) A person convicted of or placed on court
6    supervision for an assault or aggravated assault when the
7    victim and the offender are family or household members as
8    defined in Section 103 of the Illinois Domestic Violence
9    Act of 1986 or convicted of domestic battery or aggravated
10    domestic battery may be required to attend a Partner Abuse
11    Intervention Program under protocols set forth by the
12    Illinois Department of Human Services under such terms and
13    conditions imposed by the court. The costs of such classes
14    shall be paid by the offender.
15    (d) In any case in which a sentence originally imposed is
16vacated, the case shall be remanded to the trial court. The
17trial court shall hold a hearing under Section 5-4-1 of the
18Unified Code of Corrections which may include evidence of the
19defendant's life, moral character and occupation during the
20time since the original sentence was passed. The trial court
21shall then impose sentence upon the defendant. The trial court
22may impose any sentence which could have been imposed at the
23original trial subject to Section 5-5-4 of the Unified Code of
24Corrections. If a sentence is vacated on appeal or on
25collateral attack due to the failure of the trier of fact at
26trial to determine beyond a reasonable doubt the existence of a

 

 

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

 

 

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1            the court may deem appropriate; and
2        (2) the court orders the defendant to pay for the
3    victim's counseling services, to the extent that the court
4    finds, after considering the defendant's income and
5    assets, that the defendant is financially capable of paying
6    for such services, if the victim was under 18 years of age
7    at the time the offense was committed and requires
8    counseling as a result of the offense.
9    Probation may be revoked or modified pursuant to Section
105-6-4; except where the court determines at the hearing that
11the defendant violated a condition of his or her probation
12restricting contact with the victim or other family members or
13commits another offense with the victim or other family
14members, the court shall revoke the defendant's probation and
15impose a term of imprisonment.
16    For the purposes of this Section, "family member" and
17"victim" shall have the meanings ascribed to them in Section
1812-12 of the Criminal Code of 1961.
19    (f) (Blank).
20    (g) Whenever a defendant is convicted of an offense under
21Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
2211-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
23of the Criminal Code of 1961, the defendant shall undergo
24medical testing to determine whether the defendant has any
25sexually transmissible disease, including a test for infection
26with human immunodeficiency virus (HIV) or any other identified

 

 

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1causative agent of acquired immunodeficiency syndrome (AIDS).
2Any such medical test shall be performed only by appropriately
3licensed medical practitioners and may include an analysis of
4any bodily fluids as well as an examination of the defendant's
5person. Except as otherwise provided by law, the results of
6such test shall be kept strictly confidential by all medical
7personnel involved in the testing and must be personally
8delivered in a sealed envelope to the judge of the court in
9which the conviction was entered for the judge's inspection in
10camera. Acting in accordance with the best interests of the
11victim and the public, the judge shall have the discretion to
12determine to whom, if anyone, the results of the testing may be
13revealed. The court shall notify the defendant of the test
14results. The court shall also notify the victim if requested by
15the victim, and if the victim is under the age of 15 and if
16requested by the victim's parents or legal guardian, the court
17shall notify the victim's parents or legal guardian of the test
18results. The court shall provide information on the
19availability of HIV testing and counseling at Department of
20Public Health facilities to all parties to whom the results of
21the testing are revealed and shall direct the State's Attorney
22to provide the information to the victim when possible. A
23State's Attorney may petition the court to obtain the results
24of any HIV test administered under this Section, and the court
25shall grant the disclosure if the State's Attorney shows it is
26relevant in order to prosecute a charge of criminal

 

 

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1transmission of HIV under Section 12-16.2 of the Criminal Code
2of 1961 against the defendant. The court shall order that the
3cost of any such test shall be paid by the county and may be
4taxed as costs against the convicted defendant.
5    (g-5) When an inmate is tested for an airborne communicable
6disease, as determined by the Illinois Department of Public
7Health including but not limited to tuberculosis, the results
8of the test shall be personally delivered by the warden or his
9or her designee in a sealed envelope to the judge of the court
10in which the inmate must appear for the judge's inspection in
11camera if requested by the judge. Acting in accordance with the
12best interests of those in the courtroom, the judge shall have
13the discretion to determine what if any precautions need to be
14taken to prevent transmission of the disease in the courtroom.
15    (h) Whenever a defendant is convicted of an offense under
16Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
17defendant shall undergo medical testing to determine whether
18the defendant has been exposed to human immunodeficiency virus
19(HIV) or any other identified causative agent of acquired
20immunodeficiency syndrome (AIDS). Except as otherwise provided
21by law, the results of such test shall be kept strictly
22confidential by all medical personnel involved in the testing
23and must be personally delivered in a sealed envelope to the
24judge of the court in which the conviction was entered for the
25judge's inspection in camera. Acting in accordance with the
26best interests of the public, the judge shall have the

 

 

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1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. A State's Attorney may petition the court to
10obtain the results of any HIV test administered under this
11Section, and the court shall grant the disclosure if the
12State's Attorney shows it is relevant in order to prosecute a
13charge of criminal transmission of HIV under Section 12-16.2 of
14the Criminal Code of 1961 against the defendant. The court
15shall order that the cost of any such test shall be paid by the
16county and may be taxed as costs against the convicted
17defendant.
18    (i) All fines and penalties imposed under this Section for
19any violation of Chapters 3, 4, 6, and 11 of the Illinois
20Vehicle Code, or a similar provision of a local ordinance, and
21any violation of the Child Passenger Protection Act, or a
22similar provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under Section 27.5
24of the Clerks of Courts Act.
25    (j) In cases when prosecution for any violation of Section
2611-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,

 

 

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111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
3Code of 1961, any violation of the Illinois Controlled
4Substances Act, any violation of the Cannabis Control Act, or
5any violation of the Methamphetamine Control and Community
6Protection Act results in conviction, a disposition of court
7supervision, or an order of probation granted under Section 10
8of the Cannabis Control Act, Section 410 of the Illinois
9Controlled Substance Act, or Section 70 of the Methamphetamine
10Control and Community Protection Act of a defendant, the court
11shall determine whether the defendant is employed by a facility
12or center as defined under the Child Care Act of 1969, a public
13or private elementary or secondary school, or otherwise works
14with children under 18 years of age on a daily basis. When a
15defendant is so employed, the court shall order the Clerk of
16the Court to send a copy of the judgment of conviction or order
17of supervision or probation to the defendant's employer by
18certified mail. If the employer of the defendant is a school,
19the Clerk of the Court shall direct the mailing of a copy of
20the judgment of conviction or order of supervision or probation
21to the appropriate regional superintendent of schools. The
22regional superintendent of schools shall notify the State Board
23of Education of any notification under this subsection.
24    (j-5) A defendant at least 17 years of age who is convicted
25of a felony and who has not been previously convicted of a
26misdemeanor or felony and who is sentenced to a term of

 

 

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1imprisonment in the Illinois Department of Corrections shall as
2a condition of his or her sentence be required by the court to
3attend educational courses designed to prepare the defendant
4for a high school diploma and to work toward a high school
5diploma or to work toward passing the high school level Test of
6General Educational Development (GED) or to work toward
7completing a vocational training program offered by the
8Department of Corrections. If a defendant fails to complete the
9educational training required by his or her sentence during the
10term of incarceration, the Prisoner Review Board shall, as a
11condition of mandatory supervised release, require the
12defendant, at his or her own expense, to pursue a course of
13study toward a high school diploma or passage of the GED test.
14The Prisoner Review Board shall revoke the mandatory supervised
15release of a defendant who wilfully fails to comply with this
16subsection (j-5) upon his or her release from confinement in a
17penal institution while serving a mandatory supervised release
18term; however, the inability of the defendant after making a
19good faith effort to obtain financial aid or pay for the
20educational training shall not be deemed a wilful failure to
21comply. The Prisoner Review Board shall recommit the defendant
22whose mandatory supervised release term has been revoked under
23this subsection (j-5) as provided in Section 3-3-9. This
24subsection (j-5) does not apply to a defendant who has a high
25school diploma or has successfully passed the GED test. This
26subsection (j-5) does not apply to a defendant who is

 

 

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1determined by the court to be developmentally disabled or
2otherwise mentally incapable of completing the educational or
3vocational program.
4    (k) (Blank).
5    (l) (A) Except as provided in paragraph (C) of subsection
6    (l), whenever a defendant, who is an alien as defined by
7    the Immigration and Nationality Act, is convicted of any
8    felony or misdemeanor offense, the court after sentencing
9    the defendant may, upon motion of the State's Attorney,
10    hold sentence in abeyance and remand the defendant to the
11    custody of the Attorney General of the United States or his
12    or her designated agent to be deported when:
13            (1) a final order of deportation has been issued
14        against the defendant pursuant to proceedings under
15        the Immigration and Nationality Act, and
16            (2) the deportation of the defendant would not
17        deprecate the seriousness of the defendant's conduct
18        and would not be inconsistent with the ends of justice.
19        Otherwise, the defendant shall be sentenced as
20    provided in this Chapter V.
21        (B) If the defendant has already been sentenced for a
22    felony or misdemeanor offense, or has been placed on
23    probation under Section 10 of the Cannabis Control Act,
24    Section 410 of the Illinois Controlled Substances Act, or
25    Section 70 of the Methamphetamine Control and Community
26    Protection Act, the court may, upon motion of the State's

 

 

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1    Attorney to suspend the sentence imposed, commit the
2    defendant to the custody of the Attorney General of the
3    United States or his or her designated agent when:
4            (1) a final order of deportation has been issued
5        against the defendant pursuant to proceedings under
6        the Immigration and Nationality Act, and
7            (2) the deportation of the defendant would not
8        deprecate the seriousness of the defendant's conduct
9        and would not be inconsistent with the ends of justice.
10        (C) This subsection (l) does not apply to offenders who
11    are subject to the provisions of paragraph (2) of
12    subsection (a) of Section 3-6-3.
13        (D) Upon motion of the State's Attorney, if a defendant
14    sentenced under this Section returns to the jurisdiction of
15    the United States, the defendant shall be recommitted to
16    the custody of the county from which he or she was
17    sentenced. Thereafter, the defendant shall be brought
18    before the sentencing court, which may impose any sentence
19    that was available under Section 5-5-3 at the time of
20    initial sentencing. In addition, the defendant shall not be
21    eligible for additional good conduct credit for
22    meritorious service as provided under Section 3-6-6.
23    (m) A person convicted of criminal defacement of property
24under Section 21-1.3 of the Criminal Code of 1961, in which the
25property damage exceeds $300 and the property damaged is a
26school building, shall be ordered to perform community service

 

 

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1that may include cleanup, removal, or painting over the
2defacement.
3    (n) The court may sentence a person convicted of a
4violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
5Criminal Code of 1961 (i) to an impact incarceration program if
6the person is otherwise eligible for that program under Section
75-8-1.1, (ii) to community service, or (iii) if the person is
8an addict or alcoholic, as defined in the Alcoholism and Other
9Drug Abuse and Dependency Act, to a substance or alcohol abuse
10program licensed under that Act.
11    (o) Whenever a person is convicted of a sex offense as
12defined in Section 2 of the Sex Offender Registration Act, the
13defendant's driver's license or permit shall be subject to
14renewal on an annual basis in accordance with the provisions of
15license renewal established by the Secretary of State.
16(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
1795-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
1895-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
197-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
20eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
21    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
22    Sec. 5-6-3. Conditions of Probation and of Conditional
23Discharge.
24    (a) The conditions of probation and of conditional
25discharge shall be that the person:

 

 

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1        (1) not violate any criminal statute of any
2    jurisdiction;
3        (2) report to or appear in person before such person or
4    agency as directed by the court;
5        (3) refrain from possessing a firearm or other
6    dangerous weapon where the offense is a felony or, if a
7    misdemeanor, the offense involved the intentional or
8    knowing infliction of bodily harm or threat of bodily harm;
9        (4) not leave the State without the consent of the
10    court or, in circumstances in which the reason for the
11    absence is of such an emergency nature that prior consent
12    by the court is not possible, without the prior
13    notification and approval of the person's probation
14    officer. Transfer of a person's probation or conditional
15    discharge supervision to another state is subject to
16    acceptance by the other state pursuant to the Interstate
17    Compact for Adult Offender Supervision;
18        (5) permit the probation officer to visit him at his
19    home or elsewhere to the extent necessary to discharge his
20    duties;
21        (6) perform no less than 30 hours of community service
22    and not more than 120 hours of community service, if
23    community service is available in the jurisdiction and is
24    funded and approved by the county board where the offense
25    was committed, where the offense was related to or in
26    furtherance of the criminal activities of an organized gang

 

 

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1    and was motivated by the offender's membership in or
2    allegiance to an organized gang. The community service
3    shall include, but not be limited to, the cleanup and
4    repair of any damage caused by a violation of Section
5    21-1.3 of the Criminal Code of 1961 and similar damage to
6    property located within the municipality or county in which
7    the violation occurred. When possible and reasonable, the
8    community service should be performed in the offender's
9    neighborhood. For purposes of this Section, "organized
10    gang" has the meaning ascribed to it in Section 10 of the
11    Illinois Streetgang Terrorism Omnibus Prevention Act;
12        (7) if he or she is at least 17 years of age and has
13    been sentenced to probation or conditional discharge for a
14    misdemeanor or felony in a county of 3,000,000 or more
15    inhabitants and has not been previously convicted of a
16    misdemeanor or felony, may be required by the sentencing
17    court to attend educational courses designed to prepare the
18    defendant for a high school diploma and to work toward a
19    high school diploma or to work toward passing the high
20    school level Test of General Educational Development (GED)
21    or to work toward completing a vocational training program
22    approved by the court. The person on probation or
23    conditional discharge must attend a public institution of
24    education to obtain the educational or vocational training
25    required by this clause (7). The court shall revoke the
26    probation or conditional discharge of a person who wilfully

 

 

SB1310 Engrossed- 1229 -LRB096 09456 RLC 19613 b

1    fails to comply with this clause (7). The person on
2    probation or conditional discharge shall be required to pay
3    for the cost of the educational courses or GED test, if a
4    fee is charged for those courses or test. The court shall
5    resentence the offender whose probation or conditional
6    discharge has been revoked as provided in Section 5-6-4.
7    This clause (7) does not apply to a person who has a high
8    school diploma or has successfully passed the GED test.
9    This clause (7) does not apply to a person who is
10    determined by the court to be developmentally disabled or
11    otherwise mentally incapable of completing the educational
12    or vocational program;
13        (8) if convicted of possession of a substance
14    prohibited by the Cannabis Control Act, the Illinois
15    Controlled Substances Act, or the Methamphetamine Control
16    and Community Protection Act after a previous conviction or
17    disposition of supervision for possession of a substance
18    prohibited by the Cannabis Control Act or Illinois
19    Controlled Substances Act or after a sentence of probation
20    under Section 10 of the Cannabis Control Act, Section 410
21    of the Illinois Controlled Substances Act, or Section 70 of
22    the Methamphetamine Control and Community Protection Act
23    and upon a finding by the court that the person is
24    addicted, undergo treatment at a substance abuse program
25    approved by the court;
26        (8.5) if convicted of a felony sex offense as defined

 

 

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1    in the Sex Offender Management Board Act, the person shall
2    undergo and successfully complete sex offender treatment
3    by a treatment provider approved by the Board and conducted
4    in conformance with the standards developed under the Sex
5    Offender Management Board Act;
6        (8.6) if convicted of a sex offense as defined in the
7    Sex Offender Management Board Act, refrain from residing at
8    the same address or in the same condominium unit or
9    apartment unit or in the same condominium complex or
10    apartment complex with another person he or she knows or
11    reasonably should know is a convicted sex offender or has
12    been placed on supervision for a sex offense; the
13    provisions of this paragraph do not apply to a person
14    convicted of a sex offense who is placed in a Department of
15    Corrections licensed transitional housing facility for sex
16    offenders;
17        (8.7) if convicted for an offense committed on or after
18    June 1, 2008 (the effective date of Public Act 95-464) that
19    would qualify the accused as a child sex offender as
20    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
21    1961, refrain from communicating with or contacting, by
22    means of the Internet, a person who is not related to the
23    accused and whom the accused reasonably believes to be
24    under 18 years of age; for purposes of this paragraph
25    (8.7), "Internet" has the meaning ascribed to it in Section
26    16J-5 of the Criminal Code of 1961; and a person is not

 

 

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1    related to the accused if the person is not: (i) the
2    spouse, brother, or sister of the accused; (ii) a
3    descendant of the accused; (iii) a first or second cousin
4    of the accused; or (iv) a step-child or adopted child of
5    the accused;
6        (8.8) if convicted for an offense under Section 11-6,
7    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
8    Code of 1961, or any attempt to commit any of these
9    offenses, committed on or after June 1, 2009 (the effective
10    date of Public Act 95-983):
11            (i) not access or use a computer or any other
12        device with Internet capability without the prior
13        written approval of the offender's probation officer,
14        except in connection with the offender's employment or
15        search for employment with the prior approval of the
16        offender's probation officer;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's probation
20        officer, a law enforcement officer, or assigned
21        computer or information technology specialist,
22        including the retrieval and copying of all data from
23        the computer or device and any internal or external
24        peripherals and removal of such information,
25        equipment, or device to conduct a more thorough
26        inspection;

 

 

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1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        offender's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the offender's probation officer;
9        (8.9) if convicted of a sex offense as defined in the
10    Sex Offender Registration Act committed on or after January
11    1, 2010 (the effective date of Public Act 96-262), refrain
12    from accessing or using a social networking website as
13    defined in Section 17-0.5 16D-2 of the Criminal Code of
14    1961;
15        (9) if convicted of a felony, physically surrender at a
16    time and place designated by the court, his or her Firearm
17    Owner's Identification Card and any and all firearms in his
18    or her possession;
19        (10) if convicted of a sex offense as defined in
20    subsection (a-5) of Section 3-1-2 of this Code, unless the
21    offender is a parent or guardian of the person under 18
22    years of age present in the home and no non-familial minors
23    are present, not participate in a holiday event involving
24    children under 18 years of age, such as distributing candy
25    or other items to children on Halloween, wearing a Santa
26    Claus costume on or preceding Christmas, being employed as

 

 

SB1310 Engrossed- 1233 -LRB096 09456 RLC 19613 b

1    a department store Santa Claus, or wearing an Easter Bunny
2    costume on or preceding Easter; and
3        (11) if convicted of a sex offense as defined in
4    Section 2 of the Sex Offender Registration Act committed on
5    or after January 1, 2010 (the effective date of Public Act
6    96-362) that requires the person to register as a sex
7    offender under that Act, may not knowingly use any computer
8    scrub software on any computer that the sex offender uses.
9    (b) The Court may in addition to other reasonable
10conditions relating to the nature of the offense or the
11rehabilitation of the defendant as determined for each
12defendant in the proper discretion of the Court require that
13the person:
14        (1) serve a term of periodic imprisonment under Article
15    7 for a period not to exceed that specified in paragraph
16    (d) of Section 5-7-1;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical, psychological or psychiatric
21    treatment; or treatment for drug addiction or alcoholism;
22        (5) attend or reside in a facility established for the
23    instruction or residence of defendants on probation;
24        (6) support his dependents;
25        (7) and in addition, if a minor:
26            (i) reside with his parents or in a foster home;

 

 

SB1310 Engrossed- 1234 -LRB096 09456 RLC 19613 b

1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3            (iv) contribute to his own support at home or in a
4        foster home;
5            (v) with the consent of the superintendent of the
6        facility, attend an educational program at a facility
7        other than the school in which the offense was
8        committed if he or she is convicted of a crime of
9        violence as defined in Section 2 of the Crime Victims
10        Compensation Act committed in a school, on the real
11        property comprising a school, or within 1,000 feet of
12        the real property comprising a school;
13        (8) make restitution as provided in Section 5-5-6 of
14    this Code;
15        (9) perform some reasonable public or community
16    service;
17        (10) serve a term of home confinement. In addition to
18    any other applicable condition of probation or conditional
19    discharge, the conditions of home confinement shall be that
20    the offender:
21            (i) remain within the interior premises of the
22        place designated for his confinement during the hours
23        designated by the court;
24            (ii) admit any person or agent designated by the
25        court into the offender's place of confinement at any
26        time for purposes of verifying the offender's

 

 

SB1310 Engrossed- 1235 -LRB096 09456 RLC 19613 b

1        compliance with the conditions of his confinement; and
2            (iii) if further deemed necessary by the court or
3        the Probation or Court Services Department, be placed
4        on an approved electronic monitoring device, subject
5        to Article 8A of Chapter V;
6            (iv) for persons convicted of any alcohol,
7        cannabis or controlled substance violation who are
8        placed on an approved monitoring device as a condition
9        of probation or conditional discharge, the court shall
10        impose a reasonable fee for each day of the use of the
11        device, as established by the county board in
12        subsection (g) of this Section, unless after
13        determining the inability of the offender to pay the
14        fee, the court assesses a lesser fee or no fee as the
15        case may be. This fee shall be imposed in addition to
16        the fees imposed under subsections (g) and (i) of this
17        Section. The fee shall be collected by the clerk of the
18        circuit court. The clerk of the circuit court shall pay
19        all monies collected from this fee to the county
20        treasurer for deposit in the substance abuse services
21        fund under Section 5-1086.1 of the Counties Code; and
22            (v) for persons convicted of offenses other than
23        those referenced in clause (iv) above and who are
24        placed on an approved monitoring device as a condition
25        of probation or conditional discharge, the court shall
26        impose a reasonable fee for each day of the use of the

 

 

SB1310 Engrossed- 1236 -LRB096 09456 RLC 19613 b

1        device, as established by the county board in
2        subsection (g) of this Section, unless after
3        determining the inability of the defendant to pay the
4        fee, the court assesses a lesser fee or no fee as the
5        case may be. This fee shall be imposed in addition to
6        the fees imposed under subsections (g) and (i) of this
7        Section. The fee shall be collected by the clerk of the
8        circuit court. The clerk of the circuit court shall pay
9        all monies collected from this fee to the county
10        treasurer who shall use the monies collected to defray
11        the costs of corrections. The county treasurer shall
12        deposit the fee collected in the county working cash
13        fund under Section 6-27001 or Section 6-29002 of the
14        Counties Code, as the case may be.
15        (11) comply with the terms and conditions of an order
16    of protection issued by the court pursuant to the Illinois
17    Domestic Violence Act of 1986, as now or hereafter amended,
18    or an order of protection issued by the court of another
19    state, tribe, or United States territory. A copy of the
20    order of protection shall be transmitted to the probation
21    officer or agency having responsibility for the case;
22        (12) reimburse any "local anti-crime program" as
23    defined in Section 7 of the Anti-Crime Advisory Council Act
24    for any reasonable expenses incurred by the program on the
25    offender's case, not to exceed the maximum amount of the
26    fine authorized for the offense for which the defendant was

 

 

SB1310 Engrossed- 1237 -LRB096 09456 RLC 19613 b

1    sentenced;
2        (13) contribute a reasonable sum of money, not to
3    exceed the maximum amount of the fine authorized for the
4    offense for which the defendant was sentenced, (i) to a
5    "local anti-crime program", as defined in Section 7 of the
6    Anti-Crime Advisory Council Act, or (ii) for offenses under
7    the jurisdiction of the Department of Natural Resources, to
8    the fund established by the Department of Natural Resources
9    for the purchase of evidence for investigation purposes and
10    to conduct investigations as outlined in Section 805-105 of
11    the Department of Natural Resources (Conservation) Law;
12        (14) refrain from entering into a designated
13    geographic area except upon such terms as the court finds
14    appropriate. Such terms may include consideration of the
15    purpose of the entry, the time of day, other persons
16    accompanying the defendant, and advance approval by a
17    probation officer, if the defendant has been placed on
18    probation or advance approval by the court, if the
19    defendant was placed on conditional discharge;
20        (15) refrain from having any contact, directly or
21    indirectly, with certain specified persons or particular
22    types of persons, including but not limited to members of
23    street gangs and drug users or dealers;
24        (16) refrain from having in his or her body the
25    presence of any illicit drug prohibited by the Cannabis
26    Control Act, the Illinois Controlled Substances Act, or the

 

 

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1    Methamphetamine Control and Community Protection Act,
2    unless prescribed by a physician, and submit samples of his
3    or her blood or urine or both for tests to determine the
4    presence of any illicit drug;
5        (17) if convicted for an offense committed on or after
6    June 1, 2008 (the effective date of Public Act 95-464) that
7    would qualify the accused as a child sex offender as
8    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
9    1961, refrain from communicating with or contacting, by
10    means of the Internet, a person who is related to the
11    accused and whom the accused reasonably believes to be
12    under 18 years of age; for purposes of this paragraph (17),
13    "Internet" has the meaning ascribed to it in Section 16J-5
14    of the Criminal Code of 1961; and a person is related to
15    the accused if the person is: (i) the spouse, brother, or
16    sister of the accused; (ii) a descendant of the accused;
17    (iii) a first or second cousin of the accused; or (iv) a
18    step-child or adopted child of the accused;
19        (18) if convicted for an offense committed on or after
20    June 1, 2009 (the effective date of Public Act 95-983) that
21    would qualify as a sex offense as defined in the Sex
22    Offender Registration Act:
23            (i) not access or use a computer or any other
24        device with Internet capability without the prior
25        written approval of the offender's probation officer,
26        except in connection with the offender's employment or

 

 

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1        search for employment with the prior approval of the
2        offender's probation officer;
3            (ii) submit to periodic unannounced examinations
4        of the offender's computer or any other device with
5        Internet capability by the offender's probation
6        officer, a law enforcement officer, or assigned
7        computer or information technology specialist,
8        including the retrieval and copying of all data from
9        the computer or device and any internal or external
10        peripherals and removal of such information,
11        equipment, or device to conduct a more thorough
12        inspection;
13            (iii) submit to the installation on the offender's
14        computer or device with Internet capability, at the
15        subject's expense, of one or more hardware or software
16        systems to monitor the Internet use; and
17            (iv) submit to any other appropriate restrictions
18        concerning the offender's use of or access to a
19        computer or any other device with Internet capability
20        imposed by the offender's probation officer; and
21        (19) refrain from possessing a firearm or other
22    dangerous weapon where the offense is a misdemeanor that
23    did not involve the intentional or knowing infliction of
24    bodily harm or threat of bodily harm.
25    (c) The court may as a condition of probation or of
26conditional discharge require that a person under 18 years of

 

 

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1age found guilty of any alcohol, cannabis or controlled
2substance violation, refrain from acquiring a driver's license
3during the period of probation or conditional discharge. If
4such person is in possession of a permit or license, the court
5may require that the minor refrain from driving or operating
6any motor vehicle during the period of probation or conditional
7discharge, except as may be necessary in the course of the
8minor's lawful employment.
9    (d) An offender sentenced to probation or to conditional
10discharge shall be given a certificate setting forth the
11conditions thereof.
12    (e) Except where the offender has committed a fourth or
13subsequent violation of subsection (c) of Section 6-303 of the
14Illinois Vehicle Code, the court shall not require as a
15condition of the sentence of probation or conditional discharge
16that the offender be committed to a period of imprisonment in
17excess of 6 months. This 6 month limit shall not include
18periods of confinement given pursuant to a sentence of county
19impact incarceration under Section 5-8-1.2.
20    Persons committed to imprisonment as a condition of
21probation or conditional discharge shall not be committed to
22the Department of Corrections.
23    (f) The court may combine a sentence of periodic
24imprisonment under Article 7 or a sentence to a county impact
25incarceration program under Article 8 with a sentence of
26probation or conditional discharge.

 

 

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1    (g) An offender sentenced to probation or to conditional
2discharge and who during the term of either undergoes mandatory
3drug or alcohol testing, or both, or is assigned to be placed
4on an approved electronic monitoring device, shall be ordered
5to pay all costs incidental to such mandatory drug or alcohol
6testing, or both, and all costs incidental to such approved
7electronic monitoring in accordance with the defendant's
8ability to pay those costs. The county board with the
9concurrence of the Chief Judge of the judicial circuit in which
10the county is located shall establish reasonable fees for the
11cost of maintenance, testing, and incidental expenses related
12to the mandatory drug or alcohol testing, or both, and all
13costs incidental to approved electronic monitoring, involved
14in a successful probation program for the county. The
15concurrence of the Chief Judge shall be in the form of an
16administrative order. The fees shall be collected by the clerk
17of the circuit court. The clerk of the circuit court shall pay
18all moneys collected from these fees to the county treasurer
19who shall use the moneys collected to defray the costs of drug
20testing, alcohol testing, and electronic monitoring. The
21county treasurer shall deposit the fees collected in the county
22working cash fund under Section 6-27001 or Section 6-29002 of
23the Counties Code, as the case may be.
24    (h) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers of

 

 

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1jurisdiction are also authorized in the same manner. The court
2to which jurisdiction has been transferred shall have the same
3powers as the sentencing court.
4    (i) The court shall impose upon an offender sentenced to
5probation after January 1, 1989 or to conditional discharge
6after January 1, 1992 or to community service under the
7supervision of a probation or court services department after
8January 1, 2004, as a condition of such probation or
9conditional discharge or supervised community service, a fee of
10$50 for each month of probation or conditional discharge
11supervision or supervised community service ordered by the
12court, unless after determining the inability of the person
13sentenced to probation or conditional discharge or supervised
14community service to pay the fee, the court assesses a lesser
15fee. The court may not impose the fee on a minor who is made a
16ward of the State under the Juvenile Court Act of 1987 while
17the minor is in placement. The fee shall be imposed only upon
18an offender who is actively supervised by the probation and
19court services department. The fee shall be collected by the
20clerk of the circuit court. The clerk of the circuit court
21shall pay all monies collected from this fee to the county
22treasurer for deposit in the probation and court services fund
23under Section 15.1 of the Probation and Probation Officers Act.
24    A circuit court may not impose a probation fee under this
25subsection (i) in excess of $25 per month unless the circuit
26court has adopted, by administrative order issued by the chief

 

 

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1judge, a standard probation fee guide determining an offender's
2ability to pay Of the amount collected as a probation fee, up
3to $5 of that fee collected per month may be used to provide
4services to crime victims and their families.
5    The Court may only waive probation fees based on an
6offender's ability to pay. The probation department may
7re-evaluate an offender's ability to pay every 6 months, and,
8with the approval of the Director of Court Services or the
9Chief Probation Officer, adjust the monthly fee amount. An
10offender may elect to pay probation fees due in a lump sum. Any
11offender that has been assigned to the supervision of a
12probation department, or has been transferred either under
13subsection (h) of this Section or under any interstate compact,
14shall be required to pay probation fees to the department
15supervising the offender, based on the offender's ability to
16pay.
17    This amendatory Act of the 93rd General Assembly deletes
18the $10 increase in the fee under this subsection that was
19imposed by Public Act 93-616. This deletion is intended to
20control over any other Act of the 93rd General Assembly that
21retains or incorporates that fee increase.
22    (i-5) In addition to the fees imposed under subsection (i)
23of this Section, in the case of an offender convicted of a
24felony sex offense (as defined in the Sex Offender Management
25Board Act) or an offense that the court or probation department
26has determined to be sexually motivated (as defined in the Sex

 

 

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1Offender Management Board Act), the court or the probation
2department shall assess additional fees to pay for all costs of
3treatment, assessment, evaluation for risk and treatment, and
4monitoring the offender, based on that offender's ability to
5pay those costs either as they occur or under a payment plan.
6    (j) All fines and costs imposed under this Section for any
7violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8Code, or a similar provision of a local ordinance, and any
9violation of the Child Passenger Protection Act, or a similar
10provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13    (k) Any offender who is sentenced to probation or
14conditional discharge for a felony sex offense as defined in
15the Sex Offender Management Board Act or any offense that the
16court or probation department has determined to be sexually
17motivated as defined in the Sex Offender Management Board Act
18shall be required to refrain from any contact, directly or
19indirectly, with any persons specified by the court and shall
20be available for all evaluations and treatment programs
21required by the court or the probation department.
22    (l) The court may order an offender who is sentenced to
23probation or conditional discharge for a violation of an order
24of protection be placed under electronic surveillance as
25provided in Section 5-8A-7 of this Code.
26(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;

 

 

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195-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
295-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
396-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
48-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
 
5    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
6    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
7    (a) When a defendant is placed on supervision, the court
8shall enter an order for supervision specifying the period of
9such supervision, and shall defer further proceedings in the
10case until the conclusion of the period.
11    (b) The period of supervision shall be reasonable under all
12of the circumstances of the case, but may not be longer than 2
13years, unless the defendant has failed to pay the assessment
14required by Section 10.3 of the Cannabis Control Act, Section
15411.2 of the Illinois Controlled Substances Act, or Section 80
16of the Methamphetamine Control and Community Protection Act, in
17which case the court may extend supervision beyond 2 years.
18Additionally, the court shall order the defendant to perform no
19less than 30 hours of community service and not more than 120
20hours of community service, if community service is available
21in the jurisdiction and is funded and approved by the county
22board where the offense was committed, when the offense (1) was
23related to or in furtherance of the criminal activities of an
24organized gang or was motivated by the defendant's membership
25in or allegiance to an organized gang; or (2) is a violation of

 

 

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1any Section of Article 24 of the Criminal Code of 1961 where a
2disposition of supervision is not prohibited by Section 5-6-1
3of this Code. The community service shall include, but not be
4limited to, the cleanup and repair of any damage caused by
5violation of Section 21-1.3 of the Criminal Code of 1961 and
6similar damages to property located within the municipality or
7county in which the violation occurred. Where possible and
8reasonable, the community service should be performed in the
9offender's neighborhood.
10    For the purposes of this Section, "organized gang" has the
11meaning ascribed to it in Section 10 of the Illinois Streetgang
12Terrorism Omnibus Prevention Act.
13    (c) The court may in addition to other reasonable
14conditions relating to the nature of the offense or the
15rehabilitation of the defendant as determined for each
16defendant in the proper discretion of the court require that
17the person:
18        (1) make a report to and appear in person before or
19    participate with the court or such courts, person, or
20    social service agency as directed by the court in the order
21    of supervision;
22        (2) pay a fine and costs;
23        (3) work or pursue a course of study or vocational
24    training;
25        (4) undergo medical, psychological or psychiatric
26    treatment; or treatment for drug addiction or alcoholism;

 

 

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1        (5) attend or reside in a facility established for the
2    instruction or residence of defendants on probation;
3        (6) support his dependents;
4        (7) refrain from possessing a firearm or other
5    dangerous weapon;
6        (8) and in addition, if a minor:
7            (i) reside with his parents or in a foster home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10            (iv) contribute to his own support at home or in a
11        foster home; or
12            (v) with the consent of the superintendent of the
13        facility, attend an educational program at a facility
14        other than the school in which the offense was
15        committed if he or she is placed on supervision for a
16        crime of violence as defined in Section 2 of the Crime
17        Victims Compensation Act committed in a school, on the
18        real property comprising a school, or within 1,000 feet
19        of the real property comprising a school;
20        (9) make restitution or reparation in an amount not to
21    exceed actual loss or damage to property and pecuniary loss
22    or make restitution under Section 5-5-6 to a domestic
23    violence shelter. The court shall determine the amount and
24    conditions of payment;
25        (10) perform some reasonable public or community
26    service;

 

 

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1        (11) comply with the terms and conditions of an order
2    of protection issued by the court pursuant to the Illinois
3    Domestic Violence Act of 1986 or an order of protection
4    issued by the court of another state, tribe, or United
5    States territory. If the court has ordered the defendant to
6    make a report and appear in person under paragraph (1) of
7    this subsection, a copy of the order of protection shall be
8    transmitted to the person or agency so designated by the
9    court;
10        (12) reimburse any "local anti-crime program" as
11    defined in Section 7 of the Anti-Crime Advisory Council Act
12    for any reasonable expenses incurred by the program on the
13    offender's case, not to exceed the maximum amount of the
14    fine authorized for the offense for which the defendant was
15    sentenced;
16        (13) contribute a reasonable sum of money, not to
17    exceed the maximum amount of the fine authorized for the
18    offense for which the defendant was sentenced, (i) to a
19    "local anti-crime program", as defined in Section 7 of the
20    Anti-Crime Advisory Council Act, or (ii) for offenses under
21    the jurisdiction of the Department of Natural Resources, to
22    the fund established by the Department of Natural Resources
23    for the purchase of evidence for investigation purposes and
24    to conduct investigations as outlined in Section 805-105 of
25    the Department of Natural Resources (Conservation) Law;
26        (14) refrain from entering into a designated

 

 

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1    geographic area except upon such terms as the court finds
2    appropriate. Such terms may include consideration of the
3    purpose of the entry, the time of day, other persons
4    accompanying the defendant, and advance approval by a
5    probation officer;
6        (15) refrain from having any contact, directly or
7    indirectly, with certain specified persons or particular
8    types of person, including but not limited to members of
9    street gangs and drug users or dealers;
10        (16) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or the
13    Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of his
15    or her blood or urine or both for tests to determine the
16    presence of any illicit drug;
17        (17) refrain from operating any motor vehicle not
18    equipped with an ignition interlock device as defined in
19    Section 1-129.1 of the Illinois Vehicle Code; under this
20    condition the court may allow a defendant who is not
21    self-employed to operate a vehicle owned by the defendant's
22    employer that is not equipped with an ignition interlock
23    device in the course and scope of the defendant's
24    employment; and
25        (18) if placed on supervision for a sex offense as
26    defined in subsection (a-5) of Section 3-1-2 of this Code,

 

 

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1    unless the offender is a parent or guardian of the person
2    under 18 years of age present in the home and no
3    non-familial minors are present, not participate in a
4    holiday event involving children under 18 years of age,
5    such as distributing candy or other items to children on
6    Halloween, wearing a Santa Claus costume on or preceding
7    Christmas, being employed as a department store Santa
8    Claus, or wearing an Easter Bunny costume on or preceding
9    Easter.
10    (d) The court shall defer entering any judgment on the
11charges until the conclusion of the supervision.
12    (e) At the conclusion of the period of supervision, if the
13court determines that the defendant has successfully complied
14with all of the conditions of supervision, the court shall
15discharge the defendant and enter a judgment dismissing the
16charges.
17    (f) Discharge and dismissal upon a successful conclusion of
18a disposition of supervision shall be deemed without
19adjudication of guilt and shall not be termed a conviction for
20purposes of disqualification or disabilities imposed by law
21upon conviction of a crime. Two years after the discharge and
22dismissal under this Section, unless the disposition of
23supervision was for a violation of Sections 3-707, 3-708,
243-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25similar provision of a local ordinance, or for a violation of
26Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which

 

 

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1case it shall be 5 years after discharge and dismissal, a
2person may have his record of arrest sealed or expunged as may
3be provided by law. However, any defendant placed on
4supervision before January 1, 1980, may move for sealing or
5expungement of his arrest record, as provided by law, at any
6time after discharge and dismissal under this Section. A person
7placed on supervision for a sexual offense committed against a
8minor as defined in clause (a)(1)(L) of Section 5.2 of the
9Criminal Identification Act or for a violation of Section
1011-501 of the Illinois Vehicle Code or a similar provision of a
11local ordinance shall not have his or her record of arrest
12sealed or expunged.
13    (g) A defendant placed on supervision and who during the
14period of supervision undergoes mandatory drug or alcohol
15testing, or both, or is assigned to be placed on an approved
16electronic monitoring device, shall be ordered to pay the costs
17incidental to such mandatory drug or alcohol testing, or both,
18and costs incidental to such approved electronic monitoring in
19accordance with the defendant's ability to pay those costs. The
20county board with the concurrence of the Chief Judge of the
21judicial circuit in which the county is located shall establish
22reasonable fees for the cost of maintenance, testing, and
23incidental expenses related to the mandatory drug or alcohol
24testing, or both, and all costs incidental to approved
25electronic monitoring, of all defendants placed on
26supervision. The concurrence of the Chief Judge shall be in the

 

 

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1form of an administrative order. The fees shall be collected by
2the clerk of the circuit court. The clerk of the circuit court
3shall pay all moneys collected from these fees to the county
4treasurer who shall use the moneys collected to defray the
5costs of drug testing, alcohol testing, and electronic
6monitoring. The county treasurer shall deposit the fees
7collected in the county working cash fund under Section 6-27001
8or Section 6-29002 of the Counties Code, as the case may be.
9    (h) A disposition of supervision is a final order for the
10purposes of appeal.
11    (i) The court shall impose upon a defendant placed on
12supervision after January 1, 1992 or to community service under
13the supervision of a probation or court services department
14after January 1, 2004, as a condition of supervision or
15supervised community service, a fee of $50 for each month of
16supervision or supervised community service ordered by the
17court, unless after determining the inability of the person
18placed on supervision or supervised community service to pay
19the fee, the court assesses a lesser fee. The court may not
20impose the fee on a minor who is made a ward of the State under
21the Juvenile Court Act of 1987 while the minor is in placement.
22The fee shall be imposed only upon a defendant who is actively
23supervised by the probation and court services department. The
24fee shall be collected by the clerk of the circuit court. The
25clerk of the circuit court shall pay all monies collected from
26this fee to the county treasurer for deposit in the probation

 

 

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1and court services fund pursuant to Section 15.1 of the
2Probation and Probation Officers Act.
3    A circuit court may not impose a probation fee in excess of
4$25 per month unless the circuit court has adopted, by
5administrative order issued by the chief judge, a standard
6probation fee guide determining an offender's ability to pay.
7Of the amount collected as a probation fee, not to exceed $5 of
8that fee collected per month may be used to provide services to
9crime victims and their families.
10    The Court may only waive probation fees based on an
11offender's ability to pay. The probation department may
12re-evaluate an offender's ability to pay every 6 months, and,
13with the approval of the Director of Court Services or the
14Chief Probation Officer, adjust the monthly fee amount. An
15offender may elect to pay probation fees due in a lump sum. Any
16offender that has been assigned to the supervision of a
17probation department, or has been transferred either under
18subsection (h) of this Section or under any interstate compact,
19shall be required to pay probation fees to the department
20supervising the offender, based on the offender's ability to
21pay.
22    (j) All fines and costs imposed under this Section for any
23violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
24Code, or a similar provision of a local ordinance, and any
25violation of the Child Passenger Protection Act, or a similar
26provision of a local ordinance, shall be collected and

 

 

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1disbursed by the circuit clerk as provided under Section 27.5
2of the Clerks of Courts Act.
3    (k) A defendant at least 17 years of age who is placed on
4supervision for a misdemeanor in a county of 3,000,000 or more
5inhabitants and who has not been previously convicted of a
6misdemeanor or felony may as a condition of his or her
7supervision be required by the court to attend educational
8courses designed to prepare the defendant for a high school
9diploma and to work toward a high school diploma or to work
10toward passing the high school level Test of General
11Educational Development (GED) or to work toward completing a
12vocational training program approved by the court. The
13defendant placed on supervision must attend a public
14institution of education to obtain the educational or
15vocational training required by this subsection (k). The
16defendant placed on supervision shall be required to pay for
17the cost of the educational courses or GED test, if a fee is
18charged for those courses or test. The court shall revoke the
19supervision of a person who wilfully fails to comply with this
20subsection (k). The court shall resentence the defendant upon
21revocation of supervision as provided in Section 5-6-4. This
22subsection (k) does not apply to a defendant who has a high
23school diploma or has successfully passed the GED test. This
24subsection (k) does not apply to a defendant who is determined
25by the court to be developmentally disabled or otherwise
26mentally incapable of completing the educational or vocational

 

 

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1program.
2    (l) The court shall require a defendant placed on
3supervision for possession of a substance prohibited by the
4Cannabis Control Act, the Illinois Controlled Substances Act,
5or the Methamphetamine Control and Community Protection Act
6after a previous conviction or disposition of supervision for
7possession of a substance prohibited by the Cannabis Control
8Act, the Illinois Controlled Substances Act, or the
9Methamphetamine Control and Community Protection Act or a
10sentence of probation under Section 10 of the Cannabis Control
11Act or Section 410 of the Illinois Controlled Substances Act
12and after a finding by the court that the person is addicted,
13to undergo treatment at a substance abuse program approved by
14the court.
15    (m) The Secretary of State shall require anyone placed on
16court supervision for a violation of Section 3-707 of the
17Illinois Vehicle Code or a similar provision of a local
18ordinance to give proof of his or her financial responsibility
19as defined in Section 7-315 of the Illinois Vehicle Code. The
20proof shall be maintained by the individual in a manner
21satisfactory to the Secretary of State for a minimum period of
223 years after the date the proof is first filed. The proof
23shall be limited to a single action per arrest and may not be
24affected by any post-sentence disposition. The Secretary of
25State shall suspend the driver's license of any person
26determined by the Secretary to be in violation of this

 

 

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1subsection.
2    (n) Any offender placed on supervision for any offense that
3the court or probation department has determined to be sexually
4motivated as defined in the Sex Offender Management Board Act
5shall be required to refrain from any contact, directly or
6indirectly, with any persons specified by the court and shall
7be available for all evaluations and treatment programs
8required by the court or the probation department.
9    (o) An offender placed on supervision for a sex offense as
10defined in the Sex Offender Management Board Act shall refrain
11from residing at the same address or in the same condominium
12unit or apartment unit or in the same condominium complex or
13apartment complex with another person he or she knows or
14reasonably should know is a convicted sex offender or has been
15placed on supervision for a sex offense. The provisions of this
16subsection (o) do not apply to a person convicted of a sex
17offense who is placed in a Department of Corrections licensed
18transitional housing facility for sex offenders.
19    (p) An offender placed on supervision for an offense
20committed on or after June 1, 2008 (the effective date of
21Public Act 95-464) that would qualify the accused as a child
22sex offender as defined in Section 11-9.3 or 11-9.4 of the
23Criminal Code of 1961 shall refrain from communicating with or
24contacting, by means of the Internet, a person who is not
25related to the accused and whom the accused reasonably believes
26to be under 18 years of age. For purposes of this subsection

 

 

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1(p), "Internet" has the meaning ascribed to it in Section 16J-5
2of the Criminal Code of 1961; and a person is not related to
3the accused if the person is not: (i) the spouse, brother, or
4sister of the accused; (ii) a descendant of the accused; (iii)
5a first or second cousin of the accused; or (iv) a step-child
6or adopted child of the accused.
7    (q) An offender placed on supervision for an offense
8committed on or after June 1, 2008 (the effective date of
9Public Act 95-464) that would qualify the accused as a child
10sex offender as defined in Section 11-9.3 or 11-9.4 of the
11Criminal Code of 1961 shall, if so ordered by the court,
12refrain from communicating with or contacting, by means of the
13Internet, a person who is related to the accused and whom the
14accused reasonably believes to be under 18 years of age. For
15purposes of this subsection (q), "Internet" has the meaning
16ascribed to it in Section 16J-5 of the Criminal Code of 1961;
17and a person is related to the accused if the person is: (i)
18the spouse, brother, or sister of the accused; (ii) a
19descendant of the accused; (iii) a first or second cousin of
20the accused; or (iv) a step-child or adopted child of the
21accused.
22    (r) An offender placed on supervision for an offense under
23Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
24the Criminal Code of 1961, or any attempt to commit any of
25these offenses, committed on or after the effective date of
26this amendatory Act of the 95th General Assembly shall:

 

 

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1        (i) not access or use a computer or any other device
2    with Internet capability without the prior written
3    approval of the court, except in connection with the
4    offender's employment or search for employment with the
5    prior approval of the court;
6        (ii) submit to periodic unannounced examinations of
7    the offender's computer or any other device with Internet
8    capability by the offender's probation officer, a law
9    enforcement officer, or assigned computer or information
10    technology specialist, including the retrieval and copying
11    of all data from the computer or device and any internal or
12    external peripherals and removal of such information,
13    equipment, or device to conduct a more thorough inspection;
14        (iii) submit to the installation on the offender's
15    computer or device with Internet capability, at the
16    offender's expense, of one or more hardware or software
17    systems to monitor the Internet use; and
18        (iv) submit to any other appropriate restrictions
19    concerning the offender's use of or access to a computer or
20    any other device with Internet capability imposed by the
21    court.
22    (s) An offender placed on supervision for an offense that
23is a sex offense as defined in Section 2 of the Sex Offender
24Registration Act that is committed on or after January 1, 2010
25(the effective date of Public Act 96-362) that requires the
26person to register as a sex offender under that Act, may not

 

 

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1knowingly use any computer scrub software on any computer that
2the sex offender uses.
3    (t) An offender placed on supervision for a sex offense as
4defined in the Sex Offender Registration Act committed on or
5after January 1, 2010 (the effective date of Public Act 96-262)
6shall refrain from accessing or using a social networking
7website as defined in Section 17-0.5 16D-2 of the Criminal Code
8of 1961.
9(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
1095-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
1195-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
1296-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff.
131-1-11.)
 
14    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
15    Sec. 5-8-4. Concurrent and consecutive terms of
16imprisonment.
17    (a) Concurrent terms; multiple or additional sentences.
18When an Illinois court (i) imposes multiple sentences of
19imprisonment on a defendant at the same time or (ii) imposes a
20sentence of imprisonment on a defendant who is already subject
21to a sentence of imprisonment imposed by an Illinois court, a
22court of another state, or a federal court, then the sentences
23shall run concurrently unless otherwise determined by the
24Illinois court under this Section.
25    (b) Concurrent terms; misdemeanor and felony. A defendant

 

 

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1serving a sentence for a misdemeanor who is convicted of a
2felony and sentenced to imprisonment shall be transferred to
3the Department of Corrections, and the misdemeanor sentence
4shall be merged in and run concurrently with the felony
5sentence.
6    (c) Consecutive terms; permissive. The court may impose
7consecutive sentences in any of the following circumstances:
8        (1) If, having regard to the nature and circumstances
9    of the offense and the history and character of the
10    defendant, it is the opinion of the court that consecutive
11    sentences are required to protect the public from further
12    criminal conduct by the defendant, the basis for which the
13    court shall set forth in the record.
14        (2) If one of the offenses for which a defendant was
15    convicted was a violation of Section 32-5.2 (aggravated
16    false personation of a peace officer) of the Criminal Code
17    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
18    (b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS
19    5/17-2) and the offense was committed in attempting or
20    committing a forcible felony.
21    (d) Consecutive terms; mandatory. The court shall impose
22consecutive sentences in each of the following circumstances:
23        (1) One of the offenses for which the defendant was
24    convicted was first degree murder or a Class X or Class 1
25    felony and the defendant inflicted severe bodily injury.
26        (2) The defendant was convicted of a violation of

 

 

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1    Section 12-13 (criminal sexual assault), 12-14 (aggravated
2    criminal sexual assault), or 12-14.1 (predatory criminal
3    sexual assault of a child) of the Criminal Code of 1961
4    (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
5        (3) The defendant was convicted of armed violence based
6    upon the predicate offense of any of the following:
7    solicitation of murder, solicitation of murder for hire,
8    heinous battery, aggravated battery of a senior citizen,
9    criminal sexual assault, a violation of subsection (g) of
10    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
11    cannabis trafficking, a violation of subsection (a) of
12    Section 401 of the Illinois Controlled Substances Act (720
13    ILCS 570/401), controlled substance trafficking involving
14    a Class X felony amount of controlled substance under
15    Section 401 of the Illinois Controlled Substances Act (720
16    ILCS 570/401), a violation of the Methamphetamine Control
17    and Community Protection Act (720 ILCS 646/), calculated
18    criminal drug conspiracy, or streetgang criminal drug
19    conspiracy.
20        (4) The defendant was convicted of the offense of
21    leaving the scene of a motor vehicle accident involving
22    death or personal injuries under Section 11-401 of the
23    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
24    aggravated driving under the influence of alcohol, other
25    drug or drugs, or intoxicating compound or compounds, or
26    any combination thereof under Section 11-501 of the

 

 

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1    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
2    homicide under Section 9-3 of the Criminal Code of 1961
3    (720 ILCS 5/9-3), or (C) both an offense described in item
4    (A) and an offense described in item (B).
5        (5) The defendant was convicted of a violation of
6    Section 9-3.1 (concealment of homicidal death) or Section
7    12-20.5 (dismembering a human body) of the Criminal Code of
8    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
9        (5.5) The defendant was convicted of a violation of
10    Section 24-3.7 (use of a stolen firearm in the commission
11    of an offense) of the Criminal Code of 1961.
12        (6) If the defendant was in the custody of the
13    Department of Corrections at the time of the commission of
14    the offense, the sentence shall be served consecutive to
15    the sentence under which the defendant is held by the
16    Department of Corrections. If, however, the defendant is
17    sentenced to punishment by death, the sentence shall be
18    executed at such time as the court may fix without regard
19    to the sentence under which the defendant may be held by
20    the Department.
21        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
22    for escape or attempted escape shall be served consecutive
23    to the terms under which the offender is held by the
24    Department of Corrections.
25        (8) If a person charged with a felony commits a
26    separate felony while on pretrial release or in pretrial

 

 

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1    detention in a county jail facility or county detention
2    facility, then the sentences imposed upon conviction of
3    these felonies shall be served consecutively regardless of
4    the order in which the judgments of conviction are entered.
5        (8.5) If a person commits a battery against a county
6    correctional officer or sheriff's employee while serving a
7    sentence or in pretrial detention in a county jail
8    facility, then the sentence imposed upon conviction of the
9    battery shall be served consecutively with the sentence
10    imposed upon conviction of the earlier misdemeanor or
11    felony, regardless of the order in which the judgments of
12    conviction are entered.
13        (9) If a person admitted to bail following conviction
14    of a felony commits a separate felony while free on bond or
15    if a person detained in a county jail facility or county
16    detention facility following conviction of a felony
17    commits a separate felony while in detention, then any
18    sentence following conviction of the separate felony shall
19    be consecutive to that of the original sentence for which
20    the defendant was on bond or detained.
21        (10) If a person is found to be in possession of an
22    item of contraband, as defined in clause (c)(2) of Section
23    31A-1.1 of the Criminal Code of 1961, while serving a
24    sentence in a county jail or while in pre-trial detention
25    in a county jail, the sentence imposed upon conviction for
26    the offense of possessing contraband in a penal institution

 

 

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1    shall be served consecutively to the sentence imposed for
2    the offense in which the person is serving sentence in the
3    county jail or serving pretrial detention, regardless of
4    the order in which the judgments of conviction are entered.
5        (11) If a person is sentenced for a violation of bail
6    bond under Section 32-10 of the Criminal Code of 1961, any
7    sentence imposed for that violation shall be served
8    consecutive to the sentence imposed for the charge for
9    which bail had been granted and with respect to which the
10    defendant has been convicted.
11    (e) Consecutive terms; subsequent non-Illinois term. If an
12Illinois court has imposed a sentence of imprisonment on a
13defendant and the defendant is subsequently sentenced to a term
14of imprisonment by a court of another state or a federal court,
15then the Illinois sentence shall run consecutively to the
16sentence imposed by the court of the other state or the federal
17court. That same Illinois court, however, may order that the
18Illinois sentence run concurrently with the sentence imposed by
19the court of the other state or the federal court, but only if
20the defendant applies to that same Illinois court within 30
21days after the sentence imposed by the court of the other state
22or the federal court is finalized.
23    (f) Consecutive terms; aggregate maximums and minimums.
24The aggregate maximum and aggregate minimum of consecutive
25sentences shall be determined as follows:
26        (1) For sentences imposed under law in effect prior to

 

 

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1    February 1, 1978, the aggregate maximum of consecutive
2    sentences shall not exceed the maximum term authorized
3    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
4    Chapter V for the 2 most serious felonies involved. The
5    aggregate minimum period of consecutive sentences shall
6    not exceed the highest minimum term authorized under
7    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
8    V for the 2 most serious felonies involved. When sentenced
9    only for misdemeanors, a defendant shall not be
10    consecutively sentenced to more than the maximum for one
11    Class A misdemeanor.
12        (2) For sentences imposed under the law in effect on or
13    after February 1, 1978, the aggregate of consecutive
14    sentences for offenses that were committed as part of a
15    single course of conduct during which there was no
16    substantial change in the nature of the criminal objective
17    shall not exceed the sum of the maximum terms authorized
18    under Article 4.5 of Chapter V for the 2 most serious
19    felonies involved, but no such limitation shall apply for
20    offenses that were not committed as part of a single course
21    of conduct during which there was no substantial change in
22    the nature of the criminal objective. When sentenced only
23    for misdemeanors, a defendant shall not be consecutively
24    sentenced to more than the maximum for one Class A
25    misdemeanor.
26    (g) Consecutive terms; manner served. In determining the

 

 

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1manner in which consecutive sentences of imprisonment, one or
2more of which is for a felony, will be served, the Department
3of Corrections shall treat the defendant as though he or she
4had been committed for a single term subject to each of the
5following:
6        (1) The maximum period of a term of imprisonment shall
7    consist of the aggregate of the maximums of the imposed
8    indeterminate terms, if any, plus the aggregate of the
9    imposed determinate sentences for felonies, plus the
10    aggregate of the imposed determinate sentences for
11    misdemeanors, subject to subsection (f) of this Section.
12        (2) The parole or mandatory supervised release term
13    shall be as provided in paragraph (e) of Section 5-4.5-50
14    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
15    involved.
16        (3) The minimum period of imprisonment shall be the
17    aggregate of the minimum and determinate periods of
18    imprisonment imposed by the court, subject to subsection
19    (f) of this Section.
20        (4) The defendant shall be awarded credit against the
21    aggregate maximum term and the aggregate minimum term of
22    imprisonment for all time served in an institution since
23    the commission of the offense or offenses and as a
24    consequence thereof at the rate specified in Section 3-6-3
25    (730 ILCS 5/3-6-3).
26(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;

 

 

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195-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
27-2-10; 96-1200, eff. 7-22-10.)
 
3    (730 ILCS 5/5-9-1.3)  (from Ch. 38, par. 1005-9-1.3)
4    Sec. 5-9-1.3. Fines for offenses involving theft,
5deceptive practices, and offenses against units of local
6government or school districts.
7    (a) When a person has been adjudged guilty of a felony
8under Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, or 17-1 of
9the Criminal Code of 1961, a fine may be levied by the court in
10an amount which is the greater of $25,000 or twice the value of
11the property which is the subject of the offense.
12    (b) When a person has been convicted of a felony under
13Section 16-1 of the Criminal Code of 1961 and the theft was
14committed upon any unit of local government or school district,
15or the person has been convicted of any violation of Sections
1633C-1 through 33C-4 or Sections 33E-3 through 33E-18, or
17subsection (a), (b), (c), or (d) of Section 17-10.3, of the
18Criminal Code of 1961, a fine may be levied by the court in an
19amount that is the greater of $25,000 or treble the value of
20the property which is the subject of the offense or loss to the
21unit of local government or school district.
22    (c) All fines imposed under subsection (b) of this Section
23shall be distributed as follows:
24        (1) An amount equal to 30% shall be distributed to the
25    unit of local government or school district that was the

 

 

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1    victim of the offense;
2        (2) An amount equal to 30% shall be distributed to the
3    unit of local government whose officers or employees
4    conducted the investigation into the crimes against the
5    unit of local government or school district. Amounts
6    distributed to units of local government shall be used
7    solely for the enforcement of criminal laws protecting
8    units of local government or school districts;
9        (3) An amount equal to 30% shall be distributed to the
10    State's Attorney of the county in which the prosecution
11    resulting in the conviction was instituted. The funds shall
12    be used solely for the enforcement of criminal laws
13    protecting units of local government or school districts;
14    and
15        (4) An amount equal to 10% shall be distributed to the
16    circuit court clerk of the county where the prosecution
17    resulting in the conviction was instituted.
18    (d) A fine order under subsection (b) of this Section is a
19judgment lien in favor of the victim unit of local government
20or school district, the State's Attorney of the county where
21the violation occurred, the law enforcement agency that
22investigated the violation, and the circuit court clerk.
23(Source: P.A. 96-1200, eff. 7-22-10.)
 
24    Section 10-155. The Probate Act of 1975 is amended by
25changing Sections 2-6.2 and 2-6.6 as follows:
 

 

 

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1    (755 ILCS 5/2-6.2)
2    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
3elderly person or a person with a disability.
4    (a) In this Section:
5    "Abuse" means any offense described in Section 12-21 of the
6Criminal Code of 1961.
7    "Financial exploitation" means any offense described in
8Section 16-1.3 or 17-56 of the Criminal Code of 1961.
9    "Neglect" means any offense described in Section 12-19 of
10the Criminal Code of 1961.
11    (b) Persons convicted of financial exploitation, abuse, or
12neglect of an elderly person or a person with a disability
13shall not receive any property, benefit, or other interest by
14reason of the death of that elderly person or person with a
15disability, whether as heir, legatee, beneficiary, survivor,
16appointee, claimant under Section 18-1.1, or in any other
17capacity and whether the property, benefit, or other interest
18passes pursuant to any form of title registration, testamentary
19or nontestamentary instrument, intestacy, renunciation, or any
20other circumstance. The property, benefit, or other interest
21shall pass as if the person convicted of the financial
22exploitation, abuse, or neglect died before the decedent,
23provided that with respect to joint tenancy property the
24interest possessed prior to the death by the person convicted
25of the financial exploitation, abuse, or neglect shall not be

 

 

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1diminished by the application of this Section. Notwithstanding
2the foregoing, a person convicted of financial exploitation,
3abuse, or neglect of an elderly person or a person with a
4disability shall be entitled to receive property, a benefit, or
5an interest in any capacity and under any circumstances
6described in this subsection (b) if it is demonstrated by clear
7and convincing evidence that the victim of that offense knew of
8the conviction and subsequent to the conviction expressed or
9ratified his or her intent to transfer the property, benefit,
10or interest to the person convicted of financial exploitation,
11abuse, or neglect of an elderly person or a person with a
12disability in any manner contemplated by this subsection (b).
13    (c) (1) The holder of any property subject to the
14    provisions of this Section shall not be liable for
15    distributing or releasing the property to the person
16    convicted of financial exploitation, abuse, or neglect of
17    an elderly person or a person with a disability if the
18    distribution or release occurs prior to the conviction.
19        (2) If the holder is a financial institution, trust
20    company, trustee, or similar entity or person, the holder
21    shall not be liable for any distribution or release of the
22    property, benefit, or other interest to the person
23    convicted of a violation of Section 12-19, 12-21, or
24    16-1.3, or 17-56 of the Criminal Code of 1961 unless the
25    holder knowingly distributes or releases the property,
26    benefit, or other interest to the person so convicted after

 

 

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1    first having received actual written notice of the
2    conviction in sufficient time to act upon the notice.
3    (d) If the holder of any property subject to the provisions
4of this Section knows that a potential beneficiary has been
5convicted of financial exploitation, abuse, or neglect of an
6elderly person or a person with a disability within the scope
7of this Section, the holder shall fully cooperate with law
8enforcement authorities and judicial officers in connection
9with any investigation of the financial exploitation, abuse, or
10neglect. If the holder is a person or entity that is subject to
11regulation by a regulatory agency pursuant to the laws of this
12or any other state or pursuant to the laws of the United
13States, including but not limited to the business of a
14financial institution, corporate fiduciary, or insurance
15company, then such person or entity shall not be deemed to be
16in violation of this Section to the extent that privacy laws
17and regulations applicable to such person or entity prevent it
18from voluntarily providing law enforcement authorities or
19judicial officers with information.
20(Source: P.A. 95-315, eff. 1-1-08.)
 
21    (755 ILCS 5/2-6.6)
22    Sec. 2-6.6. Person convicted of certain offenses against
23the elderly or disabled. A person who is convicted of a
24violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
25Criminal Code of 1961 may not receive any property, benefit, or

 

 

SB1310 Engrossed- 1272 -LRB096 09456 RLC 19613 b

1other interest by reason of the death of the victim of that
2offense, whether as heir, legatee, beneficiary, joint tenant,
3tenant by the entirety, survivor, appointee, or in any other
4capacity and whether the property, benefit, or other interest
5passes pursuant to any form of title registration, testamentary
6or nontestamentary instrument, intestacy, renunciation, or any
7other circumstance. The property, benefit, or other interest
8shall pass as if the person convicted of a violation of Section
912-19, 12-21, or 16-1.3, or 17-56 of the Criminal Code of 1961
10died before the decedent; provided that with respect to joint
11tenancy property or property held in tenancy by the entirety,
12the interest possessed prior to the death by the person
13convicted may not be diminished by the application of this
14Section. Notwithstanding the foregoing, a person convicted of a
15violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
16Criminal Code of 1961 shall be entitled to receive property, a
17benefit, or an interest in any capacity and under any
18circumstances described in this Section if it is demonstrated
19by clear and convincing evidence that the victim of that
20offense knew of the conviction and subsequent to the conviction
21expressed or ratified his or her intent to transfer the
22property, benefit, or interest to the person convicted of a
23violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
24Criminal Code of 1961 in any manner contemplated by this
25Section.
26    The holder of any property subject to the provisions of

 

 

SB1310 Engrossed- 1273 -LRB096 09456 RLC 19613 b

1this Section is not liable for distributing or releasing the
2property to the person convicted of violating Section 12-19,
312-21, or 16-1.3, or 17-56 of the Criminal Code of 1961.
4    If the holder is a financial institution, trust company,
5trustee, or similar entity or person, the holder shall not be
6liable for any distribution or release of the property,
7benefit, or other interest to the person convicted of a
8violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
9Criminal Code of 1961 unless the holder knowingly distributes
10or releases the property, benefit, or other interest to the
11person so convicted after first having received actual written
12notice of the conviction in sufficient time to act upon the
13notice.
14    The Department of State Police shall have access to State
15of Illinois databases containing information that may help in
16the identification or location of persons convicted of the
17offenses enumerated in this Section. Interagency agreements
18shall be implemented, consistent with security and procedures
19established by the State agency and consistent with the laws
20governing the confidentiality of the information in the
21databases. Information shall be used only for administration of
22this Section.
23(Source: P.A. 93-301, eff. 1-1-04.)
 
24    Section 10-160. The Illinois Human Rights Act is amended by
25changing Section 4-101 as follows:
 

 

 

SB1310 Engrossed- 1274 -LRB096 09456 RLC 19613 b

1    (775 ILCS 5/4-101)  (from Ch. 68, par. 4-101)
2    Sec. 4-101. Definitions. The following definitions are
3applicable strictly in the context of this Article:
4    (A) Credit Card. "Credit card" has the meaning set forth in
5Section 17-0.5 of the Criminal Code of 1961 2.03 of the
6Illinois Credit Card and Debit Card Act.
7    (B) Financial Institution. "Financial institution" means
8any bank, credit union, insurance company, mortgage banking
9company or savings and loan association which operates or has a
10place of business in this State.
11    (C) Loan. "Loan" includes, but is not limited to, the
12providing of funds, for consideration, which are sought for:
13(1) the purpose of purchasing, constructing, improving,
14repairing, or maintaining a housing accommodation as that term
15is defined in paragraph (C) of Section 3-101; or (2) any
16commercial or industrial purposes.
17    (D) Varying Terms. "Varying the terms of a loan" includes,
18but is not limited to, the following practices:
19        (1) Requiring a greater down payment than is usual for
20    the particular type of a loan involved.
21        (2) Requiring a shorter period of amortization than is
22    usual for the particular type of loan involved.
23        (3) Charging a higher interest rate than is usual for
24    the particular type of loan involved.
25        (4) An under appraisal of real estate or other item of

 

 

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1    property offered as security.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    Section 10-165. The Assumed Business Name Act is amended by
4changing Section 4 as follows:
 
5    (805 ILCS 405/4)  (from Ch. 96, par. 7)
6    Sec. 4. This Act shall in no way affect or apply to any
7corporation, limited liability company, limited partnership,
8or limited liability partnership duly organized under the laws
9of this State, or any corporation, limited liability company,
10limited partnership, or limited liability partnership
11organized under the laws of any other State and lawfully doing
12business in this State, nor shall this Act be deemed or
13construed to prevent the lawful use of a partnership name or
14designation, provided that such partnership shall include the
15true, real name of such person or persons transacting said
16business or partnership nor shall it be construed as in any way
17affecting subdivision (a)(8) or subsection (c) of Section 17-2
18Sections 17-12 and 17-19 of the Criminal Code of 1961. This Act
19shall in no way affect or apply to testamentary or other
20express trusts where the business is carried on in the name of
21the trust and such trust is created by will or other instrument
22in writing under which title to the trust property is vested in
23a designated trustee or trustees for the use and benefit of the
24cestuis que trustent.

 

 

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1(Source: P.A. 96-328, eff. 8-11-09.)
 
2    Section 10-170. The Uniform Commercial Code is amended by
3changing Section 3-505A as follows:
 
4    (810 ILCS 5/3-505A)  (from Ch. 26, par. 3-505A)
5    Sec. 3-505A. Provision of credit card number as a condition
6of check cashing or acceptance prohibited.
7    (1) No person may record the number of a credit card given
8as identification or given as proof of creditworthiness when
9payment for goods or services is made by check or draft other
10than a transaction in which the check or draft is issued in
11payment of the credit card designated by the credit card
12number.
13    (2) This Section shall not prohibit a person from
14requesting a purchaser to display a credit card as indication
15of creditworthiness and financial responsibility or as
16additional identification, but the only information concerning
17a credit card which may be recorded is the type of credit card
18so displayed and the issuer of the credit card. This Section
19shall not require acceptance of a check or draft whether or not
20a credit card is presented.
21    (3) This Section shall not prohibit a person from
22requesting or receiving a credit card number or expiration date
23and recording the number or date, or both, in lieu of a deposit
24to secure payment in the event of default, loss, damage, or

 

 

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1other occurrence.
2    (4) This Section shall not prohibit a person from recording
3a credit card number and expiration date as a condition for
4cashing or accepting a check or draft if that person, firm,
5partnership or association has agreed with the card issuer to
6cash or accept checks and share drafts from the issuer's
7cardholders and the issuer guarantees cardholder checks and
8drafts cashed or accepted by that person.
9    (5) Recording a credit card number in connection with a
10sale of goods or services in which the purchaser pays by check
11or draft, or in connection with the acceptance of a check or
12draft, is a business offense with a fine not to exceed $500.
13    As used in this Section, credit card has the meaning as
14defined in Section 17-0.5 of the Criminal Code of 1961 the
15Illinois Credit Card and Debit Card Act.
16(Source: P.A. 87-382.)
 
17    Section 10-175. The Credit Card Issuance Act is amended by
18changing Section 1 as follows:
 
19    (815 ILCS 140/1)  (from Ch. 17, par. 6001)
20    Sec. 1. As used in this Act: (a) "Credit card" has the
21meaning set forth in Section 17-0.5 of the Criminal Code of
221961 2.03 of the Illinois Credit Card and Debit Card Act, but
23does not include "debit card" as defined in that Section 2.15
24of the Illinois Credit Card and Debit Card Act, which can also

 

 

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1be used to obtain money, goods, services and anything else of
2value on credit, nor shall it include any negotiable instrument
3as defined in the Uniform Commercial Code, as now or hereafter
4amended; (b) "merchant credit card agreement" means a written
5agreement between a seller of goods, services or both, and the
6issuer of a credit card to any other party, pursuant to which
7the seller is obligated to accept credit cards; and (c) "credit
8card transaction" means a purchase and sale of goods, services
9or both, in which a seller, pursuant to a merchant credit card
10agreement, is obligated to accept a credit card and does accept
11the credit card in connection with such purchase and sale.
12(Source: P.A. 86-427; 86-952.)
 
13    Section 10-180. The Credit Card Liability Act is amended by
14changing Section 1 as follows:
 
15    (815 ILCS 145/1)  (from Ch. 17, par. 6101)
16    Sec. 1. (a) No person in whose name a credit card is issued
17without his having requested or applied for the card or for the
18extension of the credit or establishment of a charge account
19which that card evidences is liable to the issuer of the card
20for any purchases made or other amounts owing by a use of that
21card from which he or a member of his family or household
22derive no benefit unless he has indicated his acceptance of the
23card by signing or using the card or by permitting or
24authorizing use of the card by another. A mere failure to

 

 

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1destroy or return an unsolicited card is not such an
2indication. As used in this Act, "credit card" has the meaning
3ascribed to it in Section 17-0.5 of the Criminal Code of 1961
42.03 of the Illinois Credit Card and Debit Card Act, except
5that it does not include a card issued by any telephone company
6that is subject to supervision or regulation by the Illinois
7Commerce Commission or other public authority.
8    (b) When an action is brought by an issuer against the
9person named on the card, the burden of proving the request,
10application, authorization, permission, use or benefit as set
11forth in Section 1 hereof shall be upon plaintiff if put in
12issue by defendant. In the event of judgment for defendant, the
13court shall allow defendant a reasonable attorney's fee, to be
14taxed as costs.
15(Source: P.A. 95-331, eff. 8-21-07.)
 
16    Section 10-185. The Interest Act is amended by changing
17Section 4.1 as follows:
 
18    (815 ILCS 205/4.1)  (from Ch. 17, par. 6405)
19    Sec. 4.1. The term "revolving credit" means an arrangement,
20including by means of a credit card as defined in Section
2117-0.5 of the Criminal Code of 1961 2.03 of the Illinois Credit
22Card and Debit Card Act between a lender and debtor pursuant to
23which it is contemplated or provided that the lender may from
24time to time make loans or advances to or for the account of

 

 

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1the debtor through the means of drafts, items, orders for the
2payment of money, evidences of debt or similar written
3instruments, whether or not negotiable, signed by the debtor or
4by any person authorized or permitted so to do on behalf of the
5debtor, which loans or advances are charged to an account in
6respect of which account the lender is to render bills or
7statements to the debtor at regular intervals (hereinafter
8sometimes referred to as the "billing cycle") the amount of
9which bills or statements is payable by and due from the debtor
10on a specified date stated in such bill or statement or at the
11debtor's option, may be payable by the debtor in installments.
12A revolving credit arrangement which grants the debtor a line
13of credit in excess of $5,000 may include provisions granting
14the lender a security interest in real property or in a
15beneficial interest in a land trust to secure amounts of credit
16extended by the lender. Credit extended or available under a
17revolving credit plan operated in accordance with the Illinois
18Financial Services Development Act shall be deemed to be
19"revolving credit" as defined in this Section 4.1 but shall not
20be subject to Sections 4.1a, 4.2 or 4.3 hereof.
21    Whenever a lender is granted a security interest in real
22property or in a beneficial interest in a land trust, the
23lender shall disclose the existence of such interest to the
24borrower in compliance with the Federal Truth in Lending Act,
25amendments thereto, and any regulations issued or which may be
26issued thereunder, and shall agree to pay all expenses,

 

 

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1including recording fees and otherwise, to release any such
2security interest of record whenever it no longer secures any
3credit under a revolving credit arrangement. A lender shall not
4be granted a security interest in any real property or in any
5beneficial interest in a land trust under a revolving credit
6arrangement, or if any such security interest exists, such
7interest shall be released, if a borrower renders payment of
8the total outstanding balance due under the revolving credit
9arrangement and requests in writing to reduce the line of
10credit below that amount for which a security interest in real
11property or in a beneficial interest in a land trust may be
12required by a lender. Any request by a borrower to release a
13security interest under a revolving credit arrangement shall be
14granted by the lender provided the borrower renders payment of
15the total outstanding balance as required by this Section
16before the security interest of record may be released.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    Section 10-190. The Consumer Fraud and Deceptive Business
19Practices Act is amended by changing Section 2NN as follows:
 
20    (815 ILCS 505/2NN)
21    Sec. 2NN. Receipts; credit card and debit card account
22numbers.
23    (a) Definitions. As used in this Section:
24    "Cardholder" has the meaning ascribed to it in Section

 

 

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117-0.5 of the Criminal Code of 1961 2.02 of the Illinois Credit
2Card and Debit Card Act.
3    "Credit card" has the meaning ascribed to it in Section
417-0.5 of the Criminal Code of 1961 2.03 of the Illinois Credit
5Card and Debit Card Act.
6    "Debit card" has the meaning ascribed to it in Section
717-0.5 of the Criminal Code of 1961 2.15 of the Illinois Credit
8Card and Debit Card Act.
9    "Issuer" has the meaning ascribed to it in Section 17-0.5
10of the Criminal Code of 1961 2.08 of the Illinois Credit Card
11and Debit Card Act.
12    "Person" has the meaning ascribed to it in Section 17-0.5
13of the Criminal Code of 1961 2.09 of the Illinois Credit Card
14and Debit Card Act.
15    "Provider" means a person who furnishes money, goods,
16services, or anything else of value upon presentation, whether
17physically, in writing, verbally, electronically, or
18otherwise, of a credit card or debit card by the cardholder, or
19any agent or employee of that person.
20    (b) Except as otherwise provided in this Section, no
21provider may print or otherwise produce or reproduce or permit
22the printing or other production or reproduction of the
23following: (i) any part of the credit card or debit card
24account number, other than the last 4 digits or other
25characters, (ii) the credit card or debit card expiration date
26on any receipt provided or made available to the cardholder.

 

 

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1    (c) This Section does not apply to a credit card or debit
2card transaction in which the sole means available to the
3provider of recording the credit card or debit card account
4number is by handwriting or by imprint of the card.
5    (d) This Section does not apply to receipts issued for
6transactions on the electronic benefits transfer card system in
7accordance with 7 CFR 274.12(g)(3).
8    (e) A violation of this Section constitutes an unlawful
9practice within the meaning of this Act.
10    (f) This Section is operative on January 1, 2005.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    Section 10-195. The Home Repair Fraud Act is amended by
13changing Section 5 as follows:
 
14    (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)
15    Sec. 5. Aggravated Home Repair Fraud. A person commits the
16offense of aggravated home repair fraud when he commits home
17repair fraud:
18        (i) against an elderly a person 60 years of age or
19    older or a disabled person with a disability as defined in
20    Section 17-56 16-1.3 of the Criminal Code of 1961; or
21        (ii) in connection with a home repair project intended
22    to assist a disabled person.
23    (a) Aggravated violation of paragraphs (1) or (2) of
24subsection (a) of Section 3 of this Act shall be a Class 2

 

 

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1felony when the amount of the contract or agreement is more
2than $500, a Class 3 felony when the amount of the contract or
3agreement is $500 or less, and a Class 2 felony for a second or
4subsequent offense when the amount of the contract or agreement
5is $500 or less. If 2 or more contracts or agreements for home
6repair exceed an aggregate amount of $500 or more and such
7contracts or agreements are entered into with the same victim
8by one or more of the defendants as part of or in furtherance
9of a common fraudulent scheme, design or intention, the
10violation shall be a Class 2 felony.
11    (b) Aggravated violation of paragraph (3) of subsection (a)
12of Section 3 of this Act shall be a Class 2 felony when the
13amount of the contract or agreement is more than $5,000 and a
14Class 3 felony when the amount of the contract or agreement is
15$5,000 or less.
16    (c) Aggravated violation of paragraph (4) of subsection (a)
17of Section 3 of this Act shall be a Class 3 felony when the
18amount of the contract or agreement is more than $500, a Class
194 felony when the amount of the contract or agreement is $500
20or less and a Class 3 felony for a second or subsequent offense
21when the amount of the contract or agreement is $500 or less.
22    (d) Aggravated violation of paragraphs (1) or (2) of
23subsection (b) of Section 3 of this Act shall be a Class 3
24felony.
25    (e) If a person commits aggravated home repair fraud, then
26any State or local license or permit held by that person that

 

 

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1relates to the business of home repair may be appropriately
2suspended or revoked by the issuing authority, commensurate
3with the severity of the offense.
4    (f) A defense to aggravated home repair fraud does not
5exist merely because the accused reasonably believed the victim
6to be a person less than 60 years of age.
7(Source: P.A. 96-1026, eff. 7-12-10.)
 
8
Article 95.

 
9    Section 9995. No acceleration or delay. Where this Act
10makes changes in a statute that is represented in this Act by
11text that is not yet or no longer in effect (for example, a
12Section represented by multiple versions), the use of that text
13does not accelerate or delay the taking effect of (i) the
14changes made by this Act or (ii) provisions derived from any
15other Public Act.
 
16
Article 99.

 
17    Section 9999. Effective date. This Act takes effect July 1,
182011.