98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5736

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/11-501.01
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1  from Ch. 38, par. 1005-6-3.1

    Amends the Illinois Vehicle Code and the Unified Code of Corrections. Provides that as a condition of probation, conditional discharge, or supervision, the court shall require the defendant if convicted of one or more violations, or placed on supervision for a violation, relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, and if issued a restricted driving permit, refrain from operating any motor vehicle not equipped with an ignition interlock device. Provides that under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.


LRB098 17762 RLC 52883 b

 

 

A BILL FOR

 

HB5736LRB098 17762 RLC 52883 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    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205 and 11-501.01 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court. Upon the direction of the court, the Secretary shall
4    issue the person a judicial driving permit, also known as a
5    JDP. The JDP shall be subject to the same terms as a JDP
6    issued under Section 6-206.1, except that the court may
7    direct that a JDP issued under this subdivision (b)(3) be
8    effective immediately.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard to
12whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related duties,
17or to allow the petitioner to transport himself or herself or a
18family member of the petitioner's household to a medical
19facility for the receipt of necessary medical care or to allow
20the petitioner to transport himself or herself to and from
21alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or disabled persons who

 

 

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1do not hold driving privileges and are living in the
2petitioner's household to and from daycare; if the petitioner
3is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit. Those multiple offenders identified in
10subdivision (b)4 of Section 6-208 of this Code, however, shall
11not be eligible for the issuance of a restricted driving
12permit.
13        (2) If a person's license or permit is revoked or
14    suspended due to one 2 or more convictions of violating
15    Section 11-501 of this Code or a similar provision of a
16    local ordinance or a similar out-of-state offense, or
17    Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, where the use of alcohol or other drugs is
19    recited as an element of the offense, or a similar
20    out-of-state offense, or a combination of these offenses,
21    arising out of separate occurrences, that person, if issued
22    a restricted driving permit, may not operate a vehicle
23    unless it has been equipped with an ignition interlock
24    device as defined in Section 1-129.1.
25        (3) If:
26            (A) 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 or the
7            Criminal Code of 2012, where the use of alcohol or
8            other drugs is recited as an element of the
9            offense, or a similar out-of-state offense; or
10                (ii) a statutory summary suspension or
11            revocation under Section 11-501.1; or
12                (iii) a suspension pursuant to Section
13            6-203.1;
14        arising out of separate occurrences; or
15            (B) a person has been convicted of one violation of
16        Section 6-303 of this Code committed while his or her
17        driver's license, permit, or privilege was revoked
18        because of a violation of Section 9-3 of the Criminal
19        Code of 1961 or the Criminal Code of 2012, relating to
20        the offense of reckless homicide where the use of
21        alcohol or other drugs was recited as an element of the
22        offense, or a similar provision of a law of another
23        state;
24    that person, if issued a restricted driving permit, may not
25    operate a vehicle unless it has been equipped with an
26    ignition interlock device as defined in Section 1-129.1.

 

 

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1        (4) The person issued a permit conditioned on the use
2    of an ignition interlock device must pay to the Secretary
3    of State DUI Administration Fund an amount not to exceed
4    $30 per month. The Secretary shall establish by rule the
5    amount and the procedures, terms, and conditions relating
6    to these fees.
7        (5) If the restricted driving permit is issued for
8    employment purposes, then the prohibition against
9    operating a motor vehicle that is not equipped with an
10    ignition interlock device does not apply to the operation
11    of an occupational vehicle owned or leased by that person's
12    employer when used solely for employment purposes.
13        (6) In each case the Secretary of State may issue a
14    restricted driving permit for a period he deems
15    appropriate, except that the permit shall expire within one
16    year from the date of issuance. The Secretary may not,
17    however, issue a restricted driving permit to any person
18    whose current revocation is the result of a second or
19    subsequent conviction for a violation of Section 11-501 of
20    this Code or a similar provision of a local ordinance or
21    any similar out-of-state offense, or Section 9-3 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, where
23    the use of alcohol or other drugs is recited as an element
24    of the offense, or any similar out-of-state offense, or any
25    combination of these offenses, until the expiration of at
26    least one year from the date of the revocation. A

 

 

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1    restricted driving permit issued under this Section shall
2    be subject to cancellation, revocation, and suspension by
3    the Secretary of State in like manner and for like cause as
4    a driver's license issued under this Code may be cancelled,
5    revoked, or suspended; except that a conviction upon one or
6    more offenses against laws or ordinances regulating the
7    movement of traffic shall be deemed sufficient cause for
8    the revocation, suspension, or cancellation of a
9    restricted driving permit. The Secretary of State may, as a
10    condition to the issuance of a restricted driving permit,
11    require the petitioner to participate in a designated
12    driver remedial or rehabilitative program. The Secretary
13    of State is authorized to cancel a restricted driving
14    permit if the permit holder does not successfully complete
15    the program. However, if an individual's driving
16    privileges have been revoked in accordance with paragraph
17    13 of subsection (a) of this Section, no restricted driving
18    permit shall be issued until the individual has served 6
19    months of the revocation period.
20    (c-5) (Blank).
21    (c-6) If a person is convicted of a second violation of
22operating a motor vehicle while the person's driver's license,
23permit or privilege was revoked, where the revocation was for a
24violation of Section 9-3 of the Criminal Code of 1961 or the
25Criminal Code of 2012 relating to the offense of reckless
26homicide or a similar out-of-state offense, the person's

 

 

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1driving privileges shall be revoked pursuant to subdivision
2(a)(15) of this Section. The person may not make application
3for a license or permit until the expiration of five years from
4the effective date of the revocation or the expiration of five
5years from the date of release from a term of imprisonment,
6whichever is later.
7    (c-7) If a person is convicted of a third or subsequent
8violation of operating a motor vehicle while the person's
9driver's license, permit or privilege was revoked, where the
10revocation was for a violation of Section 9-3 of the Criminal
11Code of 1961 or the Criminal Code of 2012 relating to the
12offense of reckless homicide or a similar out-of-state offense,
13the person may never apply for a license or permit.
14    (d)(1) Whenever a person under the age of 21 is convicted
15under Section 11-501 of this Code or a similar provision of a
16local ordinance or a similar out-of-state offense, the
17Secretary of State shall revoke the driving privileges of that
18person. One year after the date of revocation, and upon
19application, the Secretary of State may, if satisfied that the
20person applying will not endanger the public safety or welfare,
21issue a restricted driving permit granting the privilege of
22driving a motor vehicle only between the hours of 5 a.m. and 9
23p.m. or as otherwise provided by this Section for a period of
24one year. After this one year period, and upon reapplication
25for a license as provided in Section 6-106, upon payment of the
26appropriate reinstatement fee provided under paragraph (b) of

 

 

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1Section 6-118, the Secretary of State, in his discretion, may
2reinstate the petitioner's driver's license and driving
3privileges, or extend the restricted driving permit as many
4times as the Secretary of State deems appropriate, by
5additional periods of not more than 12 months each.
6        (2) If a person's license or permit is revoked or
7    suspended due to 2 or more convictions of violating Section
8    11-501 of this Code or a similar provision of a local
9    ordinance or a similar out-of-state offense, or Section 9-3
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    where the use of alcohol or other drugs is recited as an
12    element of the offense, or a similar out-of-state offense,
13    or a combination of these offenses, arising out of separate
14    occurrences, that person, if issued a restricted driving
15    permit, may not operate a vehicle unless it has been
16    equipped with an ignition interlock device as defined in
17    Section 1-129.1.
18        (3) If a person's license or permit is revoked or
19    suspended 2 or more times within a 10 year period due to
20    any combination of:
21            (A) a single conviction of violating Section
22        11-501 of this Code or a similar provision of a local
23        ordinance or a similar out-of-state offense, or
24        Section 9-3 of the Criminal Code of 1961 or the
25        Criminal Code of 2012, where the use of alcohol or
26        other drugs is recited as an element of the offense, or

 

 

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1        a similar out-of-state offense; or
2            (B) a statutory summary suspension or revocation
3        under Section 11-501.1; or
4            (C) a suspension pursuant to Section 6-203.1;
5    arising out of separate occurrences, that person, if issued
6    a restricted driving permit, may not operate a vehicle
7    unless it has been equipped with an ignition interlock
8    device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned upon the use
10    of an interlock device must pay to the Secretary of State
11    DUI Administration Fund an amount not to exceed $30 per
12    month. The Secretary shall establish by rule the amount and
13    the procedures, terms, and conditions relating to these
14    fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against driving
17    a vehicle that is not equipped with an ignition interlock
18    device does not apply to the operation of an occupational
19    vehicle owned or leased by that person's employer when used
20    solely for employment purposes.
21        (6) A restricted driving permit issued under this
22    Section shall be subject to cancellation, revocation, and
23    suspension by the Secretary of State in like manner and for
24    like cause as a driver's license issued under this Code may
25    be cancelled, revoked, or suspended; except that a
26    conviction upon one or more offenses against laws or

 

 

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1    ordinances regulating the movement of traffic shall be
2    deemed sufficient cause for the revocation, suspension, or
3    cancellation of a restricted driving permit.
4    (d-5) The revocation of the license, permit, or driving
5privileges of a person convicted of a third or subsequent
6violation of Section 6-303 of this Code committed while his or
7her driver's license, permit, or privilege was revoked because
8of a violation of Section 9-3 of the Criminal Code of 1961 or
9the Criminal Code of 2012, relating to the offense of reckless
10homicide, or a similar provision of a law of another state, is
11permanent. The Secretary may not, at any time, issue a license
12or permit to that person.
13    (e) This Section is subject to the provisions of the Driver
14License Compact.
15    (f) Any revocation imposed upon any person under
16subsections 2 and 3 of paragraph (b) that is in effect on
17December 31, 1988 shall be converted to a suspension for a like
18period of time.
19    (g) The Secretary of State shall not issue a restricted
20driving permit to a person under the age of 16 years whose
21driving privileges have been revoked under any provisions of
22this Code.
23    (h) The Secretary of State shall require the use of
24ignition interlock devices on all vehicles owned by a person
25who has been convicted of an a second or subsequent offense
26under Section 11-501 of this Code or a similar provision of a

 

 

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1local ordinance. The person must pay to the Secretary of State
2DUI Administration Fund an amount not to exceed $30 for each
3month that he or she uses the device. The Secretary shall
4establish by rule and regulation the procedures for
5certification and use of the interlock system, the amount of
6the fee, and the procedures, terms, and conditions relating to
7these fees.
8    (i) (Blank).
9    (j) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been revoked, suspended,
13cancelled, or disqualified under any provisions of this Code.
14(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
167-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
171-1-13; 97-1150, eff. 1-25-13.)
 
18    (625 ILCS 5/11-501.01)
19    Sec. 11-501.01. Additional administrative sanctions.
20    (a) After a finding of guilt and prior to any final
21sentencing or an order for supervision, for an offense based
22upon an arrest for a violation of Section 11-501 or a similar
23provision of a local ordinance, individuals shall be required
24to undergo a professional evaluation to determine if an
25alcohol, drug, or intoxicating compound abuse problem exists

 

 

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1and the extent of the problem, and undergo the imposition of
2treatment as appropriate. Programs conducting these
3evaluations shall be licensed by the Department of Human
4Services. The cost of any professional evaluation shall be paid
5for by the individual required to undergo the professional
6evaluation.
7    (b) Any person who is found guilty of or pleads guilty to
8violating Section 11-501, including any person receiving a
9disposition of court supervision for violating that Section,
10may be required by the Court to attend a victim impact panel
11offered by, or under contract with, a county State's Attorney's
12office, a probation and court services department, Mothers
13Against Drunk Driving, or the Alliance Against Intoxicated
14Motorists. All costs generated by the victim impact panel shall
15be paid from fees collected from the offender or as may be
16determined by the court.
17    (c) Every person found guilty of violating Section 11-501,
18whose operation of a motor vehicle while in violation of that
19Section proximately caused any incident resulting in an
20appropriate emergency response, shall be liable for the expense
21of an emergency response as provided in subsection (i) of this
22Section.
23    (d) The Secretary of State shall revoke the driving
24privileges of any person convicted under Section 11-501 or a
25similar provision of a local ordinance.
26    (e) The Secretary of State shall require the use of

 

 

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1ignition interlock devices on all vehicles owned by a person
2who has been convicted of an a second or subsequent offense
3under of Section 11-501 or a similar provision of a local
4ordinance. The person must pay to the Secretary of State DUI
5Administration Fund an amount not to exceed $30 for each month
6that he or she uses the device. The Secretary shall establish
7by rule and regulation the procedures for certification and use
8of the interlock system, the amount of the fee, and the
9procedures, terms, and conditions relating to these fees.
10    (f) In addition to any other penalties and liabilities, a
11person who is found guilty of or pleads guilty to violating
12Section 11-501, including any person placed on court
13supervision for violating Section 11-501, shall be assessed
14$750, payable to the circuit clerk, who shall distribute the
15money as follows: $350 to the law enforcement agency that made
16the arrest, and $400 shall be forwarded to the State Treasurer
17for deposit into the General Revenue Fund. If the person has
18been previously convicted of violating Section 11-501 or a
19similar provision of a local ordinance, the fine shall be
20$1,000, and the circuit clerk shall distribute $200 to the law
21enforcement agency that made the arrest and $800 to the State
22Treasurer for deposit into the General Revenue Fund. In the
23event that more than one agency is responsible for the arrest,
24the amount payable to law enforcement agencies shall be shared
25equally. Any moneys received by a law enforcement agency under
26this subsection (f) shall be used for enforcement and

 

 

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1prevention of driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof, as defined by Section 11-501 of this Code,
4including but not limited to the purchase of law enforcement
5equipment and commodities that will assist in the prevention of
6alcohol related criminal violence throughout the State; police
7officer training and education in areas related to alcohol
8related crime, including but not limited to DUI training; and
9police officer salaries, including but not limited to salaries
10for hire back funding for safety checkpoints, saturation
11patrols, and liquor store sting operations. Any moneys received
12by the Department of State Police under this subsection (f)
13shall be deposited into the State Police DUI Fund and shall be
14used to purchase law enforcement equipment that will assist in
15the prevention of alcohol related criminal violence throughout
16the State.
17    (g) The Secretary of State Police DUI Fund is created as a
18special fund in the State treasury. All moneys received by the
19Secretary of State Police under subsection (f) of this Section
20shall be deposited into the Secretary of State Police DUI Fund
21and, subject to appropriation, shall be used for enforcement
22and prevention of driving while under the influence of alcohol,
23other drug or drugs, intoxicating compound or compounds or any
24combination thereof, as defined by Section 11-501 of this Code,
25including but not limited to the purchase of law enforcement
26equipment and commodities to assist in the prevention of

 

 

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1alcohol related criminal violence throughout the State; police
2officer training and education in areas related to alcohol
3related crime, including but not limited to DUI training; and
4police officer salaries, including but not limited to salaries
5for hire back funding for safety checkpoints, saturation
6patrols, and liquor store sting operations.
7    (h) Whenever an individual is sentenced for an offense
8based upon an arrest for a violation of Section 11-501 or a
9similar provision of a local ordinance, and the professional
10evaluation recommends remedial or rehabilitative treatment or
11education, neither the treatment nor the education shall be the
12sole disposition and either or both may be imposed only in
13conjunction with another disposition. The court shall monitor
14compliance with any remedial education or treatment
15recommendations contained in the professional evaluation.
16Programs conducting alcohol or other drug evaluation or
17remedial education must be licensed by the Department of Human
18Services. If the individual is not a resident of Illinois,
19however, the court may accept an alcohol or other drug
20evaluation or remedial education program in the individual's
21state of residence. Programs providing treatment must be
22licensed under existing applicable alcoholism and drug
23treatment licensure standards.
24    (i) In addition to any other fine or penalty required by
25law, an individual convicted of a violation of Section 11-501,
26Section 5-7 of the Snowmobile Registration and Safety Act,

 

 

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1Section 5-16 of the Boat Registration and Safety Act, or a
2similar provision, whose operation of a motor vehicle,
3snowmobile, or watercraft while in violation of Section 11-501,
4Section 5-7 of the Snowmobile Registration and Safety Act,
5Section 5-16 of the Boat Registration and Safety Act, or a
6similar provision proximately caused an incident resulting in
7an appropriate emergency response, shall be required to make
8restitution to a public agency for the costs of that emergency
9response. The restitution may not exceed $1,000 per public
10agency for each emergency response. As used in this subsection
11(i), "emergency response" means any incident requiring a
12response by a police officer, a firefighter carried on the
13rolls of a regularly constituted fire department, or an
14ambulance. With respect to funds designated for the Department
15of State Police, the moneys shall be remitted by the circuit
16court clerk to the State Police within one month after receipt
17for deposit into the State Police DUI Fund. With respect to
18funds designated for the Department of Natural Resources, the
19Department of Natural Resources shall deposit the moneys into
20the Conservation Police Operations Assistance Fund.
21    (j) A person that is subject to a chemical test or tests of
22blood under subsection (a) of Section 11-501.1 or subdivision
23(c)(2) of Section 11-501.2 of this Code, whether or not that
24person consents to testing, shall be liable for the expense up
25to $500 for blood withdrawal by a physician authorized to
26practice medicine, a licensed physician assistant, a licensed

 

 

HB5736- 20 -LRB098 17762 RLC 52883 b

1advanced practice nurse, a registered nurse, a trained
2phlebotomist, a certified paramedic, or a qualified person
3other than a police officer approved by the Department of State
4Police to withdraw blood, who responds, whether at a law
5enforcement facility or a health care facility, to a police
6department request for the drawing of blood based upon refusal
7of the person to submit to a lawfully requested breath test or
8probable cause exists to believe the test would disclose the
9ingestion, consumption, or use of drugs or intoxicating
10compounds if:
11        (1) the person is found guilty of violating Section
12    11-501 of this Code or a similar provision of a local
13    ordinance; or
14        (2) the person pleads guilty to or stipulates to facts
15    supporting a violation of Section 11-503 of this Code or a
16    similar provision of a local ordinance when the plea or
17    stipulation was the result of a plea agreement in which the
18    person was originally charged with violating Section
19    11-501 of this Code or a similar local ordinance.
20(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;
2198-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Sections 5-6-3 and 5-6-3.1 as follows:
 
24    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)

 

 

HB5736- 21 -LRB098 17762 RLC 52883 b

1    Sec. 5-6-3. Conditions of Probation and of Conditional
2Discharge.
3    (a) The conditions of probation and of conditional
4discharge shall be that the person:
5        (1) not violate any criminal statute of any
6    jurisdiction;
7        (2) report to or appear in person before such person or
8    agency as directed by the court;
9        (3) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a felony or, if a
11    misdemeanor, the offense involved the intentional or
12    knowing infliction of bodily harm or threat of bodily harm;
13        (4) not leave the State without the consent of the
14    court or, in circumstances in which the reason for the
15    absence is of such an emergency nature that prior consent
16    by the court is not possible, without the prior
17    notification and approval of the person's probation
18    officer. Transfer of a person's probation or conditional
19    discharge supervision to another state is subject to
20    acceptance by the other state pursuant to the Interstate
21    Compact for Adult Offender Supervision;
22        (5) permit the probation officer to visit him at his
23    home or elsewhere to the extent necessary to discharge his
24    duties;
25        (6) perform no less than 30 hours of community service
26    and not more than 120 hours of community service, if

 

 

HB5736- 22 -LRB098 17762 RLC 52883 b

1    community service is available in the jurisdiction and is
2    funded and approved by the county board where the offense
3    was committed, where the offense was related to or in
4    furtherance of the criminal activities of an organized gang
5    and was motivated by the offender's membership in or
6    allegiance to an organized gang. The community service
7    shall include, but not be limited to, the cleanup and
8    repair of any damage caused by a violation of Section
9    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
10    2012 and similar damage to property located within the
11    municipality or county in which the violation occurred.
12    When possible and reasonable, the community service should
13    be performed in the offender's neighborhood. For purposes
14    of this Section, "organized gang" has the meaning ascribed
15    to it in Section 10 of the Illinois Streetgang Terrorism
16    Omnibus Prevention Act;
17        (7) if he or she is at least 17 years of age and has
18    been sentenced to probation or conditional discharge for a
19    misdemeanor or felony in a county of 3,000,000 or more
20    inhabitants and has not been previously convicted of a
21    misdemeanor or felony, may be required by the sentencing
22    court to attend educational courses designed to prepare the
23    defendant for a high school diploma and to work toward a
24    high school diploma or to work toward passing the high
25    school level Test of General Educational Development (GED)
26    or to work toward completing a vocational training program

 

 

HB5736- 23 -LRB098 17762 RLC 52883 b

1    approved by the court. The person on probation or
2    conditional discharge must attend a public institution of
3    education to obtain the educational or vocational training
4    required by this clause (7). The court shall revoke the
5    probation or conditional discharge of a person who wilfully
6    fails to comply with this clause (7). The person on
7    probation or conditional discharge shall be required to pay
8    for the cost of the educational courses or GED test, if a
9    fee is charged for those courses or test. The court shall
10    resentence the offender whose probation or conditional
11    discharge has been revoked as provided in Section 5-6-4.
12    This clause (7) does not apply to a person who has a high
13    school diploma or has successfully passed the GED test.
14    This clause (7) does not apply to a person who is
15    determined by the court to be developmentally disabled or
16    otherwise mentally incapable of completing the educational
17    or vocational program;
18        (8) if convicted of possession of a substance
19    prohibited by the Cannabis Control Act, the Illinois
20    Controlled Substances Act, or the Methamphetamine Control
21    and Community Protection Act after a previous conviction or
22    disposition of supervision for possession of a substance
23    prohibited by the Cannabis Control Act or Illinois
24    Controlled Substances Act or after a sentence of probation
25    under Section 10 of the Cannabis Control Act, Section 410
26    of the Illinois Controlled Substances Act, or Section 70 of

 

 

HB5736- 24 -LRB098 17762 RLC 52883 b

1    the Methamphetamine Control and Community Protection Act
2    and upon a finding by the court that the person is
3    addicted, undergo treatment at a substance abuse program
4    approved by the court;
5        (8.5) if convicted of a felony sex offense as defined
6    in the Sex Offender Management Board Act, the person shall
7    undergo and successfully complete sex offender treatment
8    by a treatment provider approved by the Board and conducted
9    in conformance with the standards developed under the Sex
10    Offender Management Board Act;
11        (8.6) if convicted of a sex offense as defined in the
12    Sex Offender Management Board Act, refrain from residing at
13    the same address or in the same condominium unit or
14    apartment unit or in the same condominium complex or
15    apartment complex with another person he or she knows or
16    reasonably should know is a convicted sex offender or has
17    been placed on supervision for a sex offense; the
18    provisions of this paragraph do not apply to a person
19    convicted of a sex offense who is placed in a Department of
20    Corrections licensed transitional housing facility for sex
21    offenders;
22        (8.7) if convicted for an offense committed on or after
23    June 1, 2008 (the effective date of Public Act 95-464) that
24    would qualify the accused as a child sex offender as
25    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
26    1961 or the Criminal Code of 2012, refrain from

 

 

HB5736- 25 -LRB098 17762 RLC 52883 b

1    communicating with or contacting, by means of the Internet,
2    a person who is not related to the accused and whom the
3    accused reasonably believes to be under 18 years of age;
4    for purposes of this paragraph (8.7), "Internet" has the
5    meaning ascribed to it in Section 16-0.1 of the Criminal
6    Code of 2012; and a person is not related to the accused if
7    the person is not: (i) the spouse, brother, or sister of
8    the accused; (ii) a descendant of the accused; (iii) a
9    first or second cousin of the accused; or (iv) a step-child
10    or adopted child of the accused;
11        (8.8) if convicted for an offense under Section 11-6,
12    11-9.1, 11-14.4 that involves soliciting for a juvenile
13    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    or any attempt to commit any of these offenses, committed
16    on or after June 1, 2009 (the effective date of Public Act
17    95-983):
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the offender's probation officer,
21        except in connection with the offender's employment or
22        search for employment with the prior approval of the
23        offender's probation officer;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's probation

 

 

HB5736- 26 -LRB098 17762 RLC 52883 b

1        officer, a law enforcement officer, or assigned
2        computer or information technology specialist,
3        including the retrieval and copying of all data from
4        the computer or device and any internal or external
5        peripherals and removal of such information,
6        equipment, or device to conduct a more thorough
7        inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        offender's expense, of one or more hardware or software
11        systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the offender's probation officer;
16        (8.9) if convicted of a sex offense as defined in the
17    Sex Offender Registration Act committed on or after January
18    1, 2010 (the effective date of Public Act 96-262), refrain
19    from accessing or using a social networking website as
20    defined in Section 17-0.5 of the Criminal Code of 2012;
21        (9) if convicted of a felony or of any misdemeanor
22    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
23    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
24    2012 that was determined, pursuant to Section 112A-11.1 of
25    the Code of Criminal Procedure of 1963, to trigger the
26    prohibitions of 18 U.S.C. 922(g)(9), physically surrender

 

 

HB5736- 27 -LRB098 17762 RLC 52883 b

1    at a time and place designated by the court, his or her
2    Firearm Owner's Identification Card and any and all
3    firearms in his or her possession. The Court shall return
4    to the Department of State Police Firearm Owner's
5    Identification Card Office the person's Firearm Owner's
6    Identification Card;
7        (10) if convicted of a sex offense as defined in
8    subsection (a-5) of Section 3-1-2 of this Code, unless the
9    offender is a parent or guardian of the person under 18
10    years of age present in the home and no non-familial minors
11    are present, not participate in a holiday event involving
12    children under 18 years of age, such as distributing candy
13    or other items to children on Halloween, wearing a Santa
14    Claus costume on or preceding Christmas, being employed as
15    a department store Santa Claus, or wearing an Easter Bunny
16    costume on or preceding Easter;
17        (11) if convicted of a sex offense as defined in
18    Section 2 of the Sex Offender Registration Act committed on
19    or after January 1, 2010 (the effective date of Public Act
20    96-362) that requires the person to register as a sex
21    offender under that Act, may not knowingly use any computer
22    scrub software on any computer that the sex offender uses;
23    and
24        (12) if convicted of a violation of the Methamphetamine
25    Control and Community Protection Act, the Methamphetamine
26    Precursor Control Act, or a methamphetamine related

 

 

HB5736- 28 -LRB098 17762 RLC 52883 b

1    offense:
2            (A) prohibited from purchasing, possessing, or
3        having under his or her control any product containing
4        pseudoephedrine unless prescribed by a physician; and
5            (B) prohibited from purchasing, possessing, or
6        having under his or her control any product containing
7        ammonium nitrate; and .
8        (13) if convicted of one or more violations of Section
9    11-501 of the Illinois Vehicle Code or a similar provision
10    of a local ordinance, and if issued a restricted driving
11    permit, refrain from operating any motor vehicle not
12    equipped with an ignition interlock device as defined in
13    Section 1-129.1 of the Illinois Vehicle Code; under this
14    condition the court may allow a defendant who is not
15    self-employed to operate a vehicle owned by the defendant's
16    employer that is not equipped with an ignition interlock
17    device in the course and scope of the defendant's
18    employment.
19    (b) The Court may in addition to other reasonable
20conditions relating to the nature of the offense or the
21rehabilitation of the defendant as determined for each
22defendant in the proper discretion of the Court require that
23the person:
24        (1) serve a term of periodic imprisonment under Article
25    7 for a period not to exceed that specified in paragraph
26    (d) of Section 5-7-1;

 

 

HB5736- 29 -LRB098 17762 RLC 52883 b

1        (2) pay a fine and costs;
2        (3) work or pursue a course of study or vocational
3    training;
4        (4) undergo medical, psychological or psychiatric
5    treatment; or treatment for drug addiction or alcoholism;
6        (5) attend or reside in a facility established for the
7    instruction or residence of defendants on probation;
8        (6) support his dependents;
9        (7) and in addition, if a minor:
10            (i) reside with his parents or in a foster home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his own support at home or in a
14        foster home;
15            (v) with the consent of the superintendent of the
16        facility, attend an educational program at a facility
17        other than the school in which the offense was
18        committed if he or she is convicted of a crime of
19        violence as defined in Section 2 of the Crime Victims
20        Compensation Act committed in a school, on the real
21        property comprising a school, or within 1,000 feet of
22        the real property comprising a school;
23        (8) make restitution as provided in Section 5-5-6 of
24    this Code;
25        (9) perform some reasonable public or community
26    service;

 

 

HB5736- 30 -LRB098 17762 RLC 52883 b

1        (10) serve a term of home confinement. In addition to
2    any other applicable condition of probation or conditional
3    discharge, the conditions of home confinement shall be that
4    the offender:
5            (i) remain within the interior premises of the
6        place designated for his confinement during the hours
7        designated by the court;
8            (ii) admit any person or agent designated by the
9        court into the offender's place of confinement at any
10        time for purposes of verifying the offender's
11        compliance with the conditions of his confinement; and
12            (iii) if further deemed necessary by the court or
13        the Probation or Court Services Department, be placed
14        on an approved electronic monitoring device, subject
15        to Article 8A of Chapter V;
16            (iv) for persons convicted of any alcohol,
17        cannabis or controlled substance violation who are
18        placed on an approved monitoring device as a condition
19        of probation or conditional discharge, the court shall
20        impose a reasonable fee for each day of the use of the
21        device, as established by the county board in
22        subsection (g) of this Section, unless after
23        determining the inability of the offender to pay the
24        fee, the court assesses a lesser fee or no fee as the
25        case may be. This fee shall be imposed in addition to
26        the fees imposed under subsections (g) and (i) of this

 

 

HB5736- 31 -LRB098 17762 RLC 52883 b

1        Section. The fee shall be collected by the clerk of the
2        circuit court. The clerk of the circuit court shall pay
3        all monies collected from this fee to the county
4        treasurer for deposit in the substance abuse services
5        fund under Section 5-1086.1 of the Counties Code; and
6            (v) for persons convicted of offenses other than
7        those referenced in clause (iv) above and 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 defendant 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 who shall use the monies collected to defray
21        the costs of corrections. The county treasurer shall
22        deposit the fee collected in the probation and court
23        services fund.
24        (11) comply with the terms and conditions of an order
25    of protection issued by the court pursuant to the Illinois
26    Domestic Violence Act of 1986, as now or hereafter amended,

 

 

HB5736- 32 -LRB098 17762 RLC 52883 b

1    or an order of protection issued by the court of another
2    state, tribe, or United States territory. A copy of the
3    order of protection shall be transmitted to the probation
4    officer or agency having responsibility for the case;
5        (12) reimburse any "local anti-crime program" as
6    defined in Section 7 of the Anti-Crime Advisory Council Act
7    for any reasonable expenses incurred by the program on the
8    offender's case, not to exceed the maximum amount of the
9    fine authorized for the offense for which the defendant was
10    sentenced;
11        (13) contribute a reasonable sum of money, not to
12    exceed the maximum amount of the fine authorized for the
13    offense for which the defendant was sentenced, (i) to a
14    "local anti-crime program", as defined in Section 7 of the
15    Anti-Crime Advisory Council Act, or (ii) for offenses under
16    the jurisdiction of the Department of Natural Resources, to
17    the fund established by the Department of Natural Resources
18    for the purchase of evidence for investigation purposes and
19    to conduct investigations as outlined in Section 805-105 of
20    the Department of Natural Resources (Conservation) Law;
21        (14) refrain from entering into a designated
22    geographic area except upon such terms as the court finds
23    appropriate. Such terms may include consideration of the
24    purpose of the entry, the time of day, other persons
25    accompanying the defendant, and advance approval by a
26    probation officer, if the defendant has been placed on

 

 

HB5736- 33 -LRB098 17762 RLC 52883 b

1    probation or advance approval by the court, if the
2    defendant was placed on conditional discharge;
3        (15) refrain from having any contact, directly or
4    indirectly, with certain specified persons or particular
5    types of persons, including but not limited to members of
6    street gangs and drug users or dealers;
7        (16) refrain from having in his or her body the
8    presence of any illicit drug prohibited by the Cannabis
9    Control Act, the Illinois Controlled Substances Act, or the
10    Methamphetamine Control and Community Protection Act,
11    unless prescribed by a physician, and submit samples of his
12    or her blood or urine or both for tests to determine the
13    presence of any illicit drug;
14        (17) if convicted for an offense committed on or after
15    June 1, 2008 (the effective date of Public Act 95-464) that
16    would qualify the accused as a child sex offender as
17    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
18    1961 or the Criminal Code of 2012, refrain from
19    communicating with or contacting, by means of the Internet,
20    a person who is related to the accused and whom the accused
21    reasonably believes to be under 18 years of age; for
22    purposes of this paragraph (17), "Internet" has the meaning
23    ascribed to it in Section 16-0.1 of the Criminal Code of
24    2012; and a person is related to the accused if the person
25    is: (i) the spouse, brother, or sister of the accused; (ii)
26    a descendant of the accused; (iii) a first or second cousin

 

 

HB5736- 34 -LRB098 17762 RLC 52883 b

1    of the accused; or (iv) a step-child or adopted child of
2    the accused;
3        (18) if convicted for an offense committed on or after
4    June 1, 2009 (the effective date of Public Act 95-983) that
5    would qualify as a sex offense as defined in the Sex
6    Offender Registration Act:
7            (i) not access or use a computer or any other
8        device with Internet capability without the prior
9        written approval of the offender's probation officer,
10        except in connection with the offender's employment or
11        search for employment with the prior approval of the
12        offender's probation officer;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's probation
16        officer, a law enforcement officer, or assigned
17        computer or information technology specialist,
18        including the retrieval and copying of all data from
19        the computer or device and any internal or external
20        peripherals and removal of such information,
21        equipment, or device to conduct a more thorough
22        inspection;
23            (iii) submit to the installation on the offender's
24        computer or device with Internet capability, at the
25        subject's expense, of one or more hardware or software
26        systems to monitor the Internet use; and

 

 

HB5736- 35 -LRB098 17762 RLC 52883 b

1            (iv) submit to any other appropriate restrictions
2        concerning the offender's use of or access to a
3        computer or any other device with Internet capability
4        imposed by the offender's probation officer; and
5        (19) refrain from possessing a firearm or other
6    dangerous weapon where the offense is a misdemeanor that
7    did not involve the intentional or knowing infliction of
8    bodily harm or threat of bodily harm.
9    (c) The court may as a condition of probation or of
10conditional discharge require that a person under 18 years of
11age found guilty of any alcohol, cannabis or controlled
12substance violation, refrain from acquiring a driver's license
13during the period of probation or conditional discharge. If
14such person is in possession of a permit or license, the court
15may require that the minor refrain from driving or operating
16any motor vehicle during the period of probation or conditional
17discharge, except as may be necessary in the course of the
18minor's lawful employment.
19    (d) An offender sentenced to probation or to conditional
20discharge shall be given a certificate setting forth the
21conditions thereof.
22    (e) Except where the offender has committed a fourth or
23subsequent violation of subsection (c) of Section 6-303 of the
24Illinois Vehicle Code, the court shall not require as a
25condition of the sentence of probation or conditional discharge
26that the offender be committed to a period of imprisonment in

 

 

HB5736- 36 -LRB098 17762 RLC 52883 b

1excess of 6 months. This 6 month limit shall not include
2periods of confinement given pursuant to a sentence of county
3impact incarceration under Section 5-8-1.2.
4    Persons committed to imprisonment as a condition of
5probation or conditional discharge shall not be committed to
6the Department of Corrections.
7    (f) The court may combine a sentence of periodic
8imprisonment under Article 7 or a sentence to a county impact
9incarceration program under Article 8 with a sentence of
10probation or conditional discharge.
11    (g) An offender sentenced to probation or to conditional
12discharge and who during the term of either undergoes mandatory
13drug or alcohol testing, or both, or is assigned to be placed
14on an approved electronic monitoring device, shall be ordered
15to pay all costs incidental to such mandatory drug or alcohol
16testing, or both, and all costs incidental to such approved
17electronic monitoring in accordance with the defendant's
18ability to pay those costs. The county board with the
19concurrence of the Chief Judge of the judicial circuit in which
20the county is located shall establish reasonable fees for the
21cost of maintenance, testing, and incidental expenses related
22to the mandatory drug or alcohol testing, or both, and all
23costs incidental to approved electronic monitoring, involved
24in a successful probation program for the county. The
25concurrence of the Chief Judge shall be in the form of an
26administrative order. The fees shall be collected by the clerk

 

 

HB5736- 37 -LRB098 17762 RLC 52883 b

1of the circuit court. The clerk of the circuit court shall pay
2all moneys collected from these fees to the county treasurer
3who shall use the moneys collected to defray the costs of drug
4testing, alcohol testing, and electronic monitoring. The
5county treasurer shall deposit the fees collected in the county
6working cash fund under Section 6-27001 or Section 6-29002 of
7the Counties Code, as the case may be.
8    (h) Jurisdiction over an offender may be transferred from
9the sentencing court to the court of another circuit with the
10concurrence of both courts. Further transfers or retransfers of
11jurisdiction are also authorized in the same manner. The court
12to which jurisdiction has been transferred shall have the same
13powers as the sentencing court. The probation department within
14the circuit to which jurisdiction has been transferred, or
15which has agreed to provide supervision, may impose probation
16fees upon receiving the transferred offender, as provided in
17subsection (i). For all transfer cases, as defined in Section
189b of the Probation and Probation Officers Act, the probation
19department from the original sentencing court shall retain all
20probation fees collected prior to the transfer. After the
21transfer all probation fees shall be paid to the probation
22department within the circuit to which jurisdiction has been
23transferred.
24    (i) The court shall impose upon an offender sentenced to
25probation after January 1, 1989 or to conditional discharge
26after January 1, 1992 or to community service under the

 

 

HB5736- 38 -LRB098 17762 RLC 52883 b

1supervision of a probation or court services department after
2January 1, 2004, as a condition of such probation or
3conditional discharge or supervised community service, a fee of
4$50 for each month of probation or conditional discharge
5supervision or supervised community service ordered by the
6court, unless after determining the inability of the person
7sentenced to probation or conditional discharge or supervised
8community service to pay the fee, the court assesses a lesser
9fee. The court may not impose the fee on a minor who is made a
10ward of the State under the Juvenile Court Act of 1987 while
11the minor is in placement. The fee shall be imposed only upon
12an offender who is actively supervised by the probation and
13court services department. The fee shall be collected by the
14clerk of the circuit court. The clerk of the circuit court
15shall pay all monies collected from this fee to the county
16treasurer for deposit in the probation and court services fund
17under Section 15.1 of the Probation and Probation Officers Act.
18    A circuit court may not impose a probation fee under this
19subsection (i) in excess of $25 per month unless the circuit
20court has adopted, by administrative order issued by the chief
21judge, a standard probation fee guide determining an offender's
22ability to pay Of the amount collected as a probation fee, up
23to $5 of that fee collected per month may be used to provide
24services to crime victims and their families.
25    The Court may only waive probation fees based on an
26offender's ability to pay. The probation department may

 

 

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1re-evaluate an offender's ability to pay every 6 months, and,
2with the approval of the Director of Court Services or the
3Chief Probation Officer, adjust the monthly fee amount. An
4offender may elect to pay probation fees due in a lump sum. Any
5offender that has been assigned to the supervision of a
6probation department, or has been transferred either under
7subsection (h) of this Section or under any interstate compact,
8shall be required to pay probation fees to the department
9supervising the offender, based on the offender's ability to
10pay.
11    This amendatory Act of the 93rd General Assembly deletes
12the $10 increase in the fee under this subsection that was
13imposed by Public Act 93-616. This deletion is intended to
14control over any other Act of the 93rd General Assembly that
15retains or incorporates that fee increase.
16    (i-5) In addition to the fees imposed under subsection (i)
17of this Section, in the case of an offender convicted of a
18felony sex offense (as defined in the Sex Offender Management
19Board Act) or an offense that the court or probation department
20has determined to be sexually motivated (as defined in the Sex
21Offender Management Board Act), the court or the probation
22department shall assess additional fees to pay for all costs of
23treatment, assessment, evaluation for risk and treatment, and
24monitoring the offender, based on that offender's ability to
25pay those costs either as they occur or under a payment plan.
26    (j) All fines and costs imposed under this Section for any

 

 

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1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under Section 27.5
6of the Clerks of Courts Act.
7    (k) Any offender who is sentenced to probation or
8conditional discharge for a felony sex offense as defined in
9the Sex Offender Management Board Act or any offense that the
10court or probation department has determined to be sexually
11motivated as defined in the Sex Offender Management Board Act
12shall be required to refrain from any contact, directly or
13indirectly, with any persons specified by the court and shall
14be available for all evaluations and treatment programs
15required by the court or the probation department.
16    (l) The court may order an offender who is sentenced to
17probation or conditional discharge for a violation of an order
18of protection be placed under electronic surveillance as
19provided in Section 5-8A-7 of this Code.
20(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
21eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
2297-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
 
23    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
24    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
25    (a) When a defendant is placed on supervision, the court

 

 

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1shall enter an order for supervision specifying the period of
2such supervision, and shall defer further proceedings in the
3case until the conclusion of the period.
4    (b) The period of supervision shall be reasonable under all
5of the circumstances of the case, but may not be longer than 2
6years, unless the defendant has failed to pay the assessment
7required by Section 10.3 of the Cannabis Control Act, Section
8411.2 of the Illinois Controlled Substances Act, or Section 80
9of the Methamphetamine Control and Community Protection Act, in
10which case the court may extend supervision beyond 2 years.
11Additionally, the court shall order the defendant to perform no
12less than 30 hours of community service and not more than 120
13hours of community service, if community service is available
14in the jurisdiction and is funded and approved by the county
15board where the offense was committed, when the offense (1) 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; or (2) is a violation of
19any Section of Article 24 of the Criminal Code of 1961 or the
20Criminal Code of 2012 where a disposition of supervision is not
21prohibited by Section 5-6-1 of this Code. The community service
22shall include, but not be limited to, the cleanup and repair of
23any damage caused by violation of Section 21-1.3 of the
24Criminal Code of 1961 or the Criminal Code of 2012 and similar
25damages to property located within the municipality or county
26in which the violation occurred. Where possible and reasonable,

 

 

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1the community service should be performed in the offender's
2neighborhood.
3    For the purposes of this Section, "organized gang" has the
4meaning ascribed to it in Section 10 of the Illinois Streetgang
5Terrorism Omnibus Prevention Act.
6    (b-5) The court shall require as a condition of supervision
7that a person placed on supervision for a violation of Section
811-501 of the Illinois Vehicle Code or a similar provision of a
9local ordinance, refrain from operating any motor vehicle not
10equipped with an ignition interlock device as defined in
11Section 1-129.1 of the Illinois Vehicle Code; under this
12condition the court may allow a defendant who is not
13self-employed to operate a vehicle owned by the defendant's
14employer that is not equipped with an ignition interlock device
15in the course and scope of the defendant's employment.
16    (c) The court may in addition to other reasonable
17conditions relating to the nature of the offense or the
18rehabilitation of the defendant as determined for each
19defendant in the proper discretion of the court require that
20the person:
21        (1) make a report to and appear in person before or
22    participate with the court or such courts, person, or
23    social service agency as directed by the court in the order
24    of supervision;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

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1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) refrain from possessing a firearm or other
8    dangerous weapon;
9        (8) and in addition, if a minor:
10            (i) reside with his parents or in a foster home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his own support at home or in a
14        foster home; or
15            (v) with the consent of the superintendent of the
16        facility, attend an educational program at a facility
17        other than the school in which the offense was
18        committed if he or she is placed on supervision for a
19        crime of violence as defined in Section 2 of the Crime
20        Victims Compensation Act committed in a school, on the
21        real property comprising a school, or within 1,000 feet
22        of the real property comprising a school;
23        (9) make restitution or reparation in an amount not to
24    exceed actual loss or damage to property and pecuniary loss
25    or make restitution under Section 5-5-6 to a domestic
26    violence shelter. The court shall determine the amount and

 

 

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1    conditions of payment;
2        (10) perform some reasonable public or community
3    service;
4        (11) comply with the terms and conditions of an order
5    of protection issued by the court pursuant to the Illinois
6    Domestic Violence Act of 1986 or an order of protection
7    issued by the court of another state, tribe, or United
8    States territory. If the court has ordered the defendant to
9    make a report and appear in person under paragraph (1) of
10    this subsection, a copy of the order of protection shall be
11    transmitted to the person or agency so designated by the
12    court;
13        (12) reimburse any "local anti-crime program" as
14    defined in Section 7 of the Anti-Crime Advisory Council Act
15    for any reasonable expenses incurred by the program on the
16    offender's case, not to exceed the maximum amount of the
17    fine authorized for the offense for which the defendant was
18    sentenced;
19        (13) contribute a reasonable sum of money, not to
20    exceed the maximum amount of the fine authorized for the
21    offense for which the defendant was sentenced, (i) to a
22    "local anti-crime program", as defined in Section 7 of the
23    Anti-Crime Advisory Council Act, or (ii) for offenses under
24    the jurisdiction of the Department of Natural Resources, to
25    the fund established by the Department of Natural Resources
26    for the purchase of evidence for investigation purposes and

 

 

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1    to conduct investigations as outlined in Section 805-105 of
2    the Department of Natural Resources (Conservation) Law;
3        (14) refrain from entering into a designated
4    geographic area except upon such terms as the court finds
5    appropriate. Such terms may include consideration of the
6    purpose of the entry, the time of day, other persons
7    accompanying the defendant, and advance approval by a
8    probation officer;
9        (15) refrain from having any contact, directly or
10    indirectly, with certain specified persons or particular
11    types of person, including but not limited to members of
12    street gangs and drug users or dealers;
13        (16) refrain from having in his or her body the
14    presence of any illicit drug prohibited by the Cannabis
15    Control Act, the Illinois Controlled Substances Act, or the
16    Methamphetamine Control and Community Protection Act,
17    unless prescribed by a physician, and submit samples of his
18    or her blood or urine or both for tests to determine the
19    presence of any illicit drug;
20        (17) refrain from operating any motor vehicle not
21    equipped with an ignition interlock device as defined in
22    Section 1-129.1 of the Illinois Vehicle Code; under this
23    condition the court may allow a defendant who is not
24    self-employed to operate a vehicle owned by the defendant's
25    employer that is not equipped with an ignition interlock
26    device in the course and scope of the defendant's

 

 

HB5736- 46 -LRB098 17762 RLC 52883 b

1    employment; and
2        (18) if placed on supervision for a sex offense as
3    defined in subsection (a-5) of Section 3-1-2 of this Code,
4    unless the offender is a parent or guardian of the person
5    under 18 years of age present in the home and no
6    non-familial minors are present, not participate in a
7    holiday event involving children under 18 years of age,
8    such as distributing candy or other items to children on
9    Halloween, wearing a Santa Claus costume on or preceding
10    Christmas, being employed as a department store Santa
11    Claus, or wearing an Easter Bunny costume on or preceding
12    Easter.
13    (d) The court shall defer entering any judgment on the
14charges until the conclusion of the supervision.
15    (e) At the conclusion of the period of supervision, if the
16court determines that the defendant has successfully complied
17with all of the conditions of supervision, the court shall
18discharge the defendant and enter a judgment dismissing the
19charges.
20    (f) Discharge and dismissal upon a successful conclusion of
21a disposition of supervision shall be deemed without
22adjudication of guilt and shall not be termed a conviction for
23purposes of disqualification or disabilities imposed by law
24upon conviction of a crime. Two years after the discharge and
25dismissal under this Section, unless the disposition of
26supervision was for a violation of Sections 3-707, 3-708,

 

 

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13-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
2similar provision of a local ordinance, or for a violation of
3Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
4or the Criminal Code of 2012, in which case it shall be 5 years
5after discharge and dismissal, a person may have his record of
6arrest sealed or expunged as may be provided by law. However,
7any defendant placed on supervision before January 1, 1980, may
8move for sealing or expungement of his arrest record, as
9provided by law, at any time after discharge and dismissal
10under this Section. A person placed on supervision for a sexual
11offense committed against a minor as defined in clause
12(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
13for a violation of Section 11-501 of the Illinois Vehicle Code
14or a similar provision of a local ordinance shall not have his
15or her record of arrest sealed or expunged.
16    (g) A defendant placed on supervision and who during the
17period of supervision undergoes mandatory drug or alcohol
18testing, or both, or is assigned to be placed on an approved
19electronic monitoring device, shall be ordered to pay the costs
20incidental to such mandatory drug or alcohol testing, or both,
21and costs incidental to such approved electronic monitoring in
22accordance with the defendant's ability to pay those costs. The
23county board with the concurrence of the Chief Judge of the
24judicial circuit in which the county is located shall establish
25reasonable fees for the cost of maintenance, testing, and
26incidental expenses related to the mandatory drug or alcohol

 

 

HB5736- 48 -LRB098 17762 RLC 52883 b

1testing, or both, and all costs incidental to approved
2electronic monitoring, of all defendants placed on
3supervision. The concurrence of the Chief Judge shall be in the
4form of an administrative order. The fees shall be collected by
5the clerk of the circuit court. The clerk of the circuit court
6shall pay all moneys collected from these fees to the county
7treasurer who shall use the moneys collected to defray the
8costs of drug testing, alcohol testing, and electronic
9monitoring. The county treasurer shall deposit the fees
10collected in the county working cash fund under Section 6-27001
11or Section 6-29002 of the Counties Code, as the case may be.
12    (h) A disposition of supervision is a final order for the
13purposes of appeal.
14    (i) The court shall impose upon a defendant placed on
15supervision after January 1, 1992 or to community service under
16the supervision of a probation or court services department
17after January 1, 2004, as a condition of supervision or
18supervised community service, a fee of $50 for each month of
19supervision or supervised community service ordered by the
20court, unless after determining the inability of the person
21placed on supervision or supervised community service to pay
22the fee, the court assesses a lesser fee. The court may not
23impose the fee on a minor who is made a ward of the State under
24the Juvenile Court Act of 1987 while the minor is in placement.
25The fee shall be imposed only upon a defendant who is actively
26supervised by the probation and court services department. The

 

 

HB5736- 49 -LRB098 17762 RLC 52883 b

1fee shall be collected by the clerk of the circuit court. The
2clerk of the circuit court shall pay all monies collected from
3this fee to the county treasurer for deposit in the probation
4and court services fund pursuant to Section 15.1 of the
5Probation and Probation Officers Act.
6    A circuit court may not impose a probation fee in excess of
7$25 per month unless the circuit court has adopted, by
8administrative order issued by the chief judge, a standard
9probation fee guide determining an offender's ability to pay.
10Of the amount collected as a probation fee, not to exceed $5 of
11that fee collected per month may be used to provide services to
12crime victims and their families.
13    The Court may only waive probation fees based on an
14offender's ability to pay. The probation department may
15re-evaluate an offender's ability to pay every 6 months, and,
16with the approval of the Director of Court Services or the
17Chief Probation Officer, adjust the monthly fee amount. An
18offender may elect to pay probation fees due in a lump sum. Any
19offender that has been assigned to the supervision of a
20probation department, or has been transferred either under
21subsection (h) of this Section or under any interstate compact,
22shall be required to pay probation fees to the department
23supervising the offender, based on the offender's ability to
24pay.
25    (j) All fines and costs imposed under this Section for any
26violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

 

 

HB5736- 50 -LRB098 17762 RLC 52883 b

1Code, or a similar provision of a local ordinance, and any
2violation of the Child Passenger Protection Act, or a similar
3provision 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    (k) A defendant at least 17 years of age who is placed on
7supervision for a misdemeanor in a county of 3,000,000 or more
8inhabitants and who has not been previously convicted of a
9misdemeanor or felony may as a condition of his or her
10supervision be required by the court to attend educational
11courses designed to prepare the defendant for a high school
12diploma and to work toward a high school diploma or to work
13toward passing the high school level Test of General
14Educational Development (GED) or to work toward completing a
15vocational training program approved by the court. The
16defendant placed on supervision must attend a public
17institution of education to obtain the educational or
18vocational training required by this subsection (k). The
19defendant placed on supervision shall be required to pay for
20the cost of the educational courses or GED test, if a fee is
21charged for those courses or test. The court shall revoke the
22supervision of a person who wilfully fails to comply with this
23subsection (k). The court shall resentence the defendant upon
24revocation of supervision as provided in Section 5-6-4. This
25subsection (k) does not apply to a defendant who has a high
26school diploma or has successfully passed the GED test. This

 

 

HB5736- 51 -LRB098 17762 RLC 52883 b

1subsection (k) does not apply to a defendant who is determined
2by the court to be developmentally disabled or otherwise
3mentally incapable of completing the educational or vocational
4program.
5    (l) The court shall require a defendant placed on
6supervision for possession of a substance prohibited by the
7Cannabis Control Act, the Illinois Controlled Substances Act,
8or the Methamphetamine Control and Community Protection Act
9after a previous conviction or disposition of supervision for
10possession of a substance prohibited by the Cannabis Control
11Act, the Illinois Controlled Substances Act, or the
12Methamphetamine Control and Community Protection Act or a
13sentence of probation under Section 10 of the Cannabis Control
14Act or Section 410 of the Illinois Controlled Substances Act
15and after a finding by the court that the person is addicted,
16to undergo treatment at a substance abuse program approved by
17the court.
18    (m) The Secretary of State shall require anyone placed on
19court supervision for a violation of Section 3-707 of the
20Illinois Vehicle Code or a similar provision of a local
21ordinance to give proof of his or her financial responsibility
22as defined in Section 7-315 of the Illinois Vehicle Code. The
23proof shall be maintained by the individual in a manner
24satisfactory to the Secretary of State for a minimum period of
253 years after the date the proof is first filed. The proof
26shall be limited to a single action per arrest and may not be

 

 

HB5736- 52 -LRB098 17762 RLC 52883 b

1affected by any post-sentence disposition. The Secretary of
2State shall suspend the driver's license of any person
3determined by the Secretary to be in violation of this
4subsection.
5    (n) Any offender placed on supervision for any offense that
6the court or probation department has determined to be sexually
7motivated as defined in the Sex Offender Management Board Act
8shall be required to refrain from any contact, directly or
9indirectly, with any persons specified by the court and shall
10be available for all evaluations and treatment programs
11required by the court or the probation department.
12    (o) An offender placed on supervision for a sex offense as
13defined in the Sex Offender Management Board Act shall refrain
14from residing at the same address or in the same condominium
15unit or apartment unit or in the same condominium complex or
16apartment complex with another person he or she knows or
17reasonably should know is a convicted sex offender or has been
18placed on supervision for a sex offense. The provisions of this
19subsection (o) do not apply to a person convicted of a sex
20offense who is placed in a Department of Corrections licensed
21transitional housing facility for sex offenders.
22    (p) An offender placed on supervision for an offense
23committed on or after June 1, 2008 (the effective date of
24Public Act 95-464) that would qualify the accused as a child
25sex offender as defined in Section 11-9.3 or 11-9.4 of the
26Criminal Code of 1961 or the Criminal Code of 2012 shall

 

 

HB5736- 53 -LRB098 17762 RLC 52883 b

1refrain from communicating with or contacting, by means of the
2Internet, a person who is not related to the accused and whom
3the accused reasonably believes to be under 18 years of age.
4For purposes of this subsection (p), "Internet" has the meaning
5ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
6and a person is not related to the accused if the person is
7not: (i) the spouse, brother, or sister of the accused; (ii) a
8descendant of the accused; (iii) a first or second cousin of
9the accused; or (iv) a step-child or adopted child of the
10accused.
11    (q) An offender placed on supervision for an offense
12committed on or after June 1, 2008 (the effective date of
13Public Act 95-464) that would qualify the accused as a child
14sex offender as defined in Section 11-9.3 or 11-9.4 of the
15Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
16ordered by the court, refrain from communicating with or
17contacting, by means of the Internet, a person who is related
18to the accused and whom the accused reasonably believes to be
19under 18 years of age. For purposes of this subsection (q),
20"Internet" has the meaning ascribed to it in Section 16-0.1 of
21the Criminal Code of 2012; and a person is related to the
22accused if the person is: (i) the spouse, brother, or sister of
23the accused; (ii) a descendant of the accused; (iii) a first or
24second cousin of the accused; or (iv) a step-child or adopted
25child of the accused.
26    (r) An offender placed on supervision for an offense under

 

 

HB5736- 54 -LRB098 17762 RLC 52883 b

1Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
2juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
311-21 of the Criminal Code of 1961 or the Criminal Code of
42012, or any attempt to commit any of these offenses, committed
5on or after the effective date of this amendatory Act of the
695th General Assembly shall:
7        (i) not access or use a computer or any other device
8    with Internet capability without the prior written
9    approval of the court, except in connection with the
10    offender's employment or search for employment with the
11    prior approval of the court;
12        (ii) submit to periodic unannounced examinations of
13    the offender's computer or any other device with Internet
14    capability by the offender's probation officer, a law
15    enforcement officer, or assigned computer or information
16    technology specialist, including the retrieval and copying
17    of all data from the computer or device and any internal or
18    external peripherals and removal of such information,
19    equipment, or device to conduct a more thorough inspection;
20        (iii) submit to the installation on the offender's
21    computer or device with Internet capability, at the
22    offender's expense, of one or more hardware or software
23    systems to monitor the Internet use; and
24        (iv) submit to any other appropriate restrictions
25    concerning the offender's use of or access to a computer or
26    any other device with Internet capability imposed by the

 

 

HB5736- 55 -LRB098 17762 RLC 52883 b

1    court.
2    (s) An offender placed on supervision for an offense that
3is a sex offense as defined in Section 2 of the Sex Offender
4Registration Act that is committed on or after January 1, 2010
5(the effective date of Public Act 96-362) that requires the
6person to register as a sex offender under that Act, may not
7knowingly use any computer scrub software on any computer that
8the sex offender uses.
9    (t) An offender placed on supervision for a sex offense as
10defined in the Sex Offender Registration Act committed on or
11after January 1, 2010 (the effective date of Public Act 96-262)
12shall refrain from accessing or using a social networking
13website as defined in Section 17-0.5 of the Criminal Code of
142012.
15    (u) Jurisdiction over an offender may be transferred from
16the sentencing court to the court of another circuit with the
17concurrence of both courts. Further transfers or retransfers of
18jurisdiction are also authorized in the same manner. The court
19to which jurisdiction has been transferred shall have the same
20powers as the sentencing court. The probation department within
21the circuit to which jurisdiction has been transferred may
22impose probation fees upon receiving the transferred offender,
23as provided in subsection (i). The probation department from
24the original sentencing court shall retain all probation fees
25collected prior to the transfer.
26(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,

 

 

HB5736- 56 -LRB098 17762 RLC 52883 b

1eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
296-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
310, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
4eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)