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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Health Care Worker Background Check Act is | ||||||||||||||||||||||||
5 | amended by changing Section 25 as follows:
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6 | (225 ILCS 46/25)
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7 | Sec. 25. Persons ineligible to be hired by health care | ||||||||||||||||||||||||
8 | employers and long-term care facilities.
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9 | (a) In the discretion of the Director of Public Health, as | ||||||||||||||||||||||||
10 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||||||||||||||||||||
11 | or October 1, 2007, as applicable, and as is reasonably | ||||||||||||||||||||||||
12 | practical, no
health care employer shall knowingly hire, | ||||||||||||||||||||||||
13 | employ, or retain any
individual in a position with duties | ||||||||||||||||||||||||
14 | involving direct care for clients,
patients, or residents, and | ||||||||||||||||||||||||
15 | no long-term care facility shall knowingly hire, employ, or | ||||||||||||||||||||||||
16 | retain any individual in a position with duties that involve or | ||||||||||||||||||||||||
17 | may involve
contact with residents or access to the living | ||||||||||||||||||||||||
18 | quarters or the financial, medical, or personal records of | ||||||||||||||||||||||||
19 | residents, who has been convicted of committing or attempting | ||||||||||||||||||||||||
20 | to
commit one or more of the following offenses: those defined | ||||||||||||||||||||||||
21 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||||||||||||||||||||
22 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||||||||||||||||||||
23 | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, |
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| |||||||
1 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
2 | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
3 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | ||||||
4 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| ||||||
5 | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | ||||||
6 | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
| ||||||
7 | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | ||||||
8 | Section 11-14.4, or in subsection (a) of Section 12-3 or | ||||||
9 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012; those provided in
Section | ||||||
11 | 4 of the Wrongs to Children Act; those provided in Section 53 | ||||||
12 | of the
Criminal Jurisprudence Act; those defined in Section 5, | ||||||
13 | 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those defined in | ||||||
14 | the Methamphetamine Control and Community Protection Act; or | ||||||
15 | those defined in Sections 401, 401.1, 404, 405,
405.1, 407, or | ||||||
16 | 407.1 of the Illinois Controlled Substances Act, unless the
| ||||||
17 | applicant or employee obtains a waiver pursuant to Section 40.
| ||||||
18 | (a-1) In the discretion of the Director of Public Health, | ||||||
19 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
20 | applicable, and as is reasonably practical, no health care | ||||||
21 | employer shall knowingly hire
any individual in a position with | ||||||
22 | duties involving direct care for clients,
patients, or | ||||||
23 | residents, and no long-term care facility shall knowingly hire | ||||||
24 | any individual in a position with duties that involve or may | ||||||
25 | involve
contact with residents or access to the living quarters | ||||||
26 | or the financial, medical, or personal records of residents, |
| |||||||
| |||||||
1 | who has (i) been convicted of committing or attempting
to | ||||||
2 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
3 | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | ||||||
4 | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6, | ||||||
5 | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | ||||||
6 | subsection (b) of Section 18-1, or subsection (b) of Section | ||||||
7 | 20-1,
of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | ||||||
9 | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | ||||||
11 | to Children Act;
or (ii) violated Section 50-50 of the Nurse | ||||||
12 | Practice Act, unless the applicant or employee obtains a waiver | ||||||
13 | pursuant to Section 40 of this Act.
| ||||||
14 | A health care employer is not required to retain an | ||||||
15 | individual in a position
with duties involving direct care for | ||||||
16 | clients, patients, or residents, and no long-term care facility | ||||||
17 | is required to retain an individual in a position with duties | ||||||
18 | that involve or may involve
contact with residents or access to | ||||||
19 | the living quarters or the financial, medical, or personal | ||||||
20 | records of residents, who has
been convicted of committing or | ||||||
21 | attempting to commit one or more of
the offenses enumerated in | ||||||
22 | this subsection.
| ||||||
23 | (b) A health care employer shall not hire, employ, or | ||||||
24 | retain any
individual in a position with duties involving | ||||||
25 | direct care of clients,
patients, or residents, and no | ||||||
26 | long-term care facility shall knowingly hire, employ, or retain |
| |||||||
| |||||||
1 | any individual in a position with duties that involve or may | ||||||
2 | involve
contact with residents or access to the living quarters | ||||||
3 | or the financial, medical, or personal records of residents, if | ||||||
4 | the health care employer becomes aware that the
individual has | ||||||
5 | been convicted in another state of committing or attempting to
| ||||||
6 | commit an offense that has the same or similar elements as an | ||||||
7 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
8 | records, records from a state
agency, or an FBI criminal | ||||||
9 | history record check, unless the applicant or employee obtains | ||||||
10 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
11 | construed to
mean that a health care employer has an obligation | ||||||
12 | to conduct a criminal
history records check in other states in | ||||||
13 | which an employee has resided.
| ||||||
14 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
15 | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | ||||||
16 | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | ||||||
17 | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
18 | eff. 1-25-13.) | ||||||
19 | Section 10. The Illinois Vehicle Code is amended by | ||||||
20 | changing Sections 6-106.1 and 6-508 as follows:
| ||||||
21 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
22 | Sec. 6-106.1. School bus driver permit.
| ||||||
23 | (a) The Secretary of State shall issue a school bus driver
| ||||||
24 | permit to those applicants who have met all the requirements of |
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| |||||||
1 | the
application and screening process under this Section to | ||||||
2 | insure the
welfare and safety of children who are transported | ||||||
3 | on school buses
throughout the State of Illinois. Applicants | ||||||
4 | shall obtain the
proper application required by the Secretary | ||||||
5 | of State from their
prospective or current employer and submit | ||||||
6 | the completed
application to the prospective or current | ||||||
7 | employer along
with the necessary fingerprint submission as | ||||||
8 | required by the
Department of
State Police to conduct | ||||||
9 | fingerprint based criminal background
checks on current and | ||||||
10 | future information available in the state
system and current | ||||||
11 | information available through the Federal Bureau
of | ||||||
12 | Investigation's system. Applicants who have completed the
| ||||||
13 | fingerprinting requirements shall not be subjected to the
| ||||||
14 | fingerprinting process when applying for subsequent permits or
| ||||||
15 | submitting proof of successful completion of the annual | ||||||
16 | refresher
course. Individuals who on July 1, 1995 ( the | ||||||
17 | effective date of Public Act 88-612) this Act possess a valid
| ||||||
18 | school bus driver permit that has been previously issued by the | ||||||
19 | appropriate
Regional School Superintendent are not subject to | ||||||
20 | the fingerprinting
provisions of this Section as long as the | ||||||
21 | permit remains valid and does not
lapse. The applicant shall be | ||||||
22 | required to pay all related
application and fingerprinting fees | ||||||
23 | as established by rule
including, but not limited to, the | ||||||
24 | amounts established by the Department of
State Police and the | ||||||
25 | Federal Bureau of Investigation to process
fingerprint based | ||||||
26 | criminal background investigations. All fees paid for
|
| |||||||
| |||||||
1 | fingerprint processing services under this Section shall be | ||||||
2 | deposited into the
State Police Services Fund for the cost | ||||||
3 | incurred in processing the fingerprint
based criminal | ||||||
4 | background investigations. All other fees paid under this
| ||||||
5 | Section shall be deposited into the Road
Fund for the purpose | ||||||
6 | of defraying the costs of the Secretary of State in
| ||||||
7 | administering this Section. All applicants must:
| ||||||
8 | 1. be 21 years of age or older;
| ||||||
9 | 2. possess a valid and properly classified driver's | ||||||
10 | license
issued by the Secretary of State;
| ||||||
11 | 3. possess a valid driver's license, which has not been
| ||||||
12 | revoked, suspended, or canceled for 3 years immediately | ||||||
13 | prior to
the date of application, or have not had his or | ||||||
14 | her commercial motor vehicle
driving privileges
| ||||||
15 | disqualified within the 3 years immediately prior to the | ||||||
16 | date of application;
| ||||||
17 | 4. successfully pass a written test, administered by | ||||||
18 | the
Secretary of State, on school bus operation, school bus | ||||||
19 | safety, and
special traffic laws relating to school buses | ||||||
20 | and submit to a review
of the applicant's driving habits by | ||||||
21 | the Secretary of State at the time the
written test is | ||||||
22 | given;
| ||||||
23 | 5. demonstrate ability to exercise reasonable care in | ||||||
24 | the operation of
school buses in accordance with rules | ||||||
25 | promulgated by the Secretary of State;
| ||||||
26 | 6. demonstrate physical fitness to operate school |
| |||||||
| |||||||
1 | buses by
submitting the results of a medical examination, | ||||||
2 | including tests for drug
use for each applicant not subject | ||||||
3 | to such testing pursuant to
federal law, conducted by a | ||||||
4 | licensed physician, a licensed advanced practice nurse, or | ||||||
5 | a licensed physician assistant
within 90 days of the date
| ||||||
6 | of application according to standards promulgated by the | ||||||
7 | Secretary of State;
| ||||||
8 | 7. affirm under penalties of perjury that he or she has | ||||||
9 | not made a
false statement or knowingly concealed a | ||||||
10 | material fact
in any application for permit;
| ||||||
11 | 8. have completed an initial classroom course, | ||||||
12 | including first aid
procedures, in school bus driver safety | ||||||
13 | as promulgated by the Secretary of
State; and after | ||||||
14 | satisfactory completion of said initial course an annual
| ||||||
15 | refresher course; such courses and the agency or | ||||||
16 | organization conducting such
courses shall be approved by | ||||||
17 | the Secretary of State; failure to
complete the annual | ||||||
18 | refresher course, shall result in
cancellation of the | ||||||
19 | permit until such course is completed;
| ||||||
20 | 9. not have been under an order of court supervision | ||||||
21 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
22 | defined by rule, within one year prior to the date of | ||||||
23 | application that may
endanger the life or safety of any of | ||||||
24 | the driver's passengers within the
duration of the permit | ||||||
25 | period;
| ||||||
26 | 10. not have been under an order of court supervision |
| |||||||
| |||||||
1 | for or convicted of reckless driving, aggravated reckless | ||||||
2 | driving, driving while under the influence of alcohol, | ||||||
3 | other drug or drugs, intoxicating compound or compounds or | ||||||
4 | any combination thereof, or reckless homicide resulting | ||||||
5 | from the operation of a motor
vehicle within 3 years of the | ||||||
6 | date of application;
| ||||||
7 | 11. not have been convicted of committing or attempting
| ||||||
8 | to commit any
one or more of the following offenses: (i) | ||||||
9 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
10 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
11 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
12 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
13 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
14 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
15 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
16 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
17 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
18 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
19 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
20 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
21 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
22 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
23 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.1-5, 24-1.2, 24-1.2-5, | ||||||
24 | 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, | ||||||
25 | 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of | ||||||
26 | Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), |
| |||||||
| |||||||
1 | (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section | ||||||
2 | 12-3.05, and in subsection (a) and subsection (b), clause | ||||||
3 | (1), of Section
12-4, and in subsection (A), clauses (a) | ||||||
4 | and (b), of Section 24-3, and those offenses contained in | ||||||
5 | Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
7 | Control Act except those offenses defined in subsections | ||||||
8 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
9 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
10 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
11 | offenses defined in the Methamphetamine Control and | ||||||
12 | Community Protection Act; (v) any offense committed or | ||||||
13 | attempted in any other state or against
the laws of the | ||||||
14 | United States, which if committed or attempted in this
| ||||||
15 | State would be punishable as one or more of the foregoing | ||||||
16 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
17 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
19 | those offenses defined in Section 6-16 of the Liquor | ||||||
20 | Control Act of
1934;
and (viii) those offenses defined in | ||||||
21 | the Methamphetamine Precursor Control Act;
| ||||||
22 | 12. not have been repeatedly involved as a driver in | ||||||
23 | motor vehicle
collisions or been repeatedly convicted of | ||||||
24 | offenses against
laws and ordinances regulating the | ||||||
25 | movement of traffic, to a degree which
indicates lack of | ||||||
26 | ability to exercise ordinary and reasonable care in the
|
| |||||||
| |||||||
1 | safe operation of a motor vehicle or disrespect for the | ||||||
2 | traffic laws and
the safety of other persons upon the | ||||||
3 | highway;
| ||||||
4 | 13. not have, through the unlawful operation of a motor
| ||||||
5 | vehicle, caused an accident resulting in the death of any | ||||||
6 | person;
| ||||||
7 | 14. not have, within the last 5 years, been adjudged to | ||||||
8 | be
afflicted with or suffering from any mental disability | ||||||
9 | or disease; and
| ||||||
10 | 15. consent, in writing, to the release of results of | ||||||
11 | reasonable suspicion drug and alcohol testing under | ||||||
12 | Section 6-106.1c of this Code by the employer of the | ||||||
13 | applicant to the Secretary of State. | ||||||
14 | (b) A school bus driver permit shall be valid for a period | ||||||
15 | specified by
the Secretary of State as set forth by rule. It | ||||||
16 | shall be renewable upon compliance with subsection (a) of this
| ||||||
17 | Section.
| ||||||
18 | (c) A school bus driver permit shall contain the holder's | ||||||
19 | driver's
license number, legal name, residence address, zip | ||||||
20 | code, and date
of birth, a brief description of the holder and | ||||||
21 | a space for signature. The
Secretary of State may require a | ||||||
22 | suitable photograph of the holder.
| ||||||
23 | (d) The employer shall be responsible for conducting a | ||||||
24 | pre-employment
interview with prospective school bus driver | ||||||
25 | candidates, distributing school
bus driver applications and | ||||||
26 | medical forms to be completed by the applicant, and
submitting |
| |||||||
| |||||||
1 | the applicant's fingerprint cards to the Department of State | ||||||
2 | Police
that are required for the criminal background | ||||||
3 | investigations. The employer
shall certify in writing to the | ||||||
4 | Secretary of State that all pre-employment
conditions have been | ||||||
5 | successfully completed including the successful completion
of | ||||||
6 | an Illinois specific criminal background investigation through | ||||||
7 | the
Department of State Police and the submission of necessary
| ||||||
8 | fingerprints to the Federal Bureau of Investigation for | ||||||
9 | criminal
history information available through the Federal | ||||||
10 | Bureau of
Investigation system. The applicant shall present the
| ||||||
11 | certification to the Secretary of State at the time of | ||||||
12 | submitting
the school bus driver permit application.
| ||||||
13 | (e) Permits shall initially be provisional upon receiving
| ||||||
14 | certification from the employer that all pre-employment | ||||||
15 | conditions
have been successfully completed, and upon | ||||||
16 | successful completion of
all training and examination | ||||||
17 | requirements for the classification of
the vehicle to be | ||||||
18 | operated, the Secretary of State shall
provisionally issue a | ||||||
19 | School Bus Driver Permit. The permit shall
remain in a | ||||||
20 | provisional status pending the completion of the
Federal Bureau | ||||||
21 | of Investigation's criminal background investigation based
| ||||||
22 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
23 | of
Investigation by the Department of State Police. The Federal | ||||||
24 | Bureau of
Investigation shall report the findings directly to | ||||||
25 | the Secretary
of State. The Secretary of State shall remove the | ||||||
26 | bus driver
permit from provisional status upon the applicant's |
| |||||||
| |||||||
1 | successful
completion of the Federal Bureau of Investigation's | ||||||
2 | criminal
background investigation.
| ||||||
3 | (f) A school bus driver permit holder shall notify the
| ||||||
4 | employer and the Secretary of State if he or she is issued an | ||||||
5 | order of court supervision for or convicted in
another state of | ||||||
6 | an offense that would make him or her ineligible
for a permit | ||||||
7 | under subsection (a) of this Section. The
written notification | ||||||
8 | shall be made within 5 days of the entry of
the order of court | ||||||
9 | supervision or conviction. Failure of the permit holder to | ||||||
10 | provide the
notification is punishable as a petty
offense for a | ||||||
11 | first violation and a Class B misdemeanor for a
second or | ||||||
12 | subsequent 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.
|
| |||||||
| |||||||
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 | (7) The Secretary of State shall suspend a school bus | ||||||
17 | driver permit for a period of 3 years upon receiving notice | ||||||
18 | from the employer that the holder refused to submit to an | ||||||
19 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
20 | submitted to a test required by that Section which | ||||||
21 | disclosed an alcohol concentration of more than 0.00 or | ||||||
22 | disclosed a positive result on a National Institute on Drug | ||||||
23 | Abuse five-drug panel, utilizing federal standards set | ||||||
24 | forth in 49 CFR 40.87. | ||||||
25 | The Secretary of State shall notify the State | ||||||
26 | Superintendent
of Education and the permit holder's |
| |||||||
| |||||||
1 | prospective or current
employer that the applicant has (1) has | ||||||
2 | failed a criminal
background investigation or (2) is no
longer | ||||||
3 | eligible for a school bus driver permit; and of the related
| ||||||
4 | cancellation of the applicant's provisional school bus driver | ||||||
5 | permit. The
cancellation shall remain in effect pending the | ||||||
6 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
7 | The scope of the
hearing shall be limited to the issuance | ||||||
8 | criteria contained in
subsection (a) of this Section. A | ||||||
9 | petition requesting a
hearing shall be submitted to the | ||||||
10 | Secretary of State and shall
contain the reason the individual | ||||||
11 | feels he or she is entitled to a
school bus driver permit. The | ||||||
12 | permit holder's
employer shall notify in writing to the | ||||||
13 | Secretary of State
that the employer has certified the removal | ||||||
14 | of the offending school
bus driver from service prior to the | ||||||
15 | start of that school bus
driver's next workshift. An employing | ||||||
16 | school board that fails to
remove the offending school bus | ||||||
17 | driver from service is
subject to the penalties defined in | ||||||
18 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
19 | violates a provision of this Section is
subject to the | ||||||
20 | penalties defined in Section 6-106.11.
| ||||||
21 | All valid school bus driver permits issued under this | ||||||
22 | Section
prior to January 1, 1995, shall remain effective until | ||||||
23 | their
expiration date unless otherwise invalidated.
| ||||||
24 | (h) When a school bus driver permit holder who is a service | ||||||
25 | member is called to active duty, the employer of the permit | ||||||
26 | holder shall notify the Secretary of State, within 30 days of |
| |||||||
| |||||||
1 | notification from the permit holder, that the permit holder has | ||||||
2 | been called to active duty. Upon notification pursuant to this | ||||||
3 | subsection, (i) the Secretary of State shall characterize the | ||||||
4 | permit as inactive until a permit holder renews the permit as | ||||||
5 | provided in subsection (i) of this Section, and (ii) if a | ||||||
6 | permit holder fails to comply with the requirements of this | ||||||
7 | Section while called to active duty, the Secretary of State | ||||||
8 | shall not characterize the permit as invalid. | ||||||
9 | (i) A school bus driver permit holder who is a service | ||||||
10 | member returning from active duty must, within 90 days, renew a | ||||||
11 | permit characterized as inactive pursuant to subsection (h) of | ||||||
12 | this Section by complying with the renewal requirements of | ||||||
13 | subsection (b) of this Section. | ||||||
14 | (j) For purposes of subsections (h) and (i) of this | ||||||
15 | Section: | ||||||
16 | "Active duty" means active duty pursuant to an executive | ||||||
17 | order of the President of the United States, an act of the | ||||||
18 | Congress of the United States, or an order of the Governor. | ||||||
19 | "Service member" means a member of the Armed Services or | ||||||
20 | reserve forces of the United States or a member of the Illinois | ||||||
21 | National Guard. | ||||||
22 | (k) A private carrier employer of a school bus driver | ||||||
23 | permit holder, having satisfied the employer requirements of | ||||||
24 | this Section, shall be held to a standard of ordinary care for | ||||||
25 | intentional acts committed in the course of employment by the | ||||||
26 | bus driver permit holder. This subsection (k) shall in no way |
| |||||||
| |||||||
1 | limit the liability of the private carrier employer for | ||||||
2 | violation of any provision of this Section or for the negligent | ||||||
3 | hiring or retention of a school bus driver permit holder. | ||||||
4 | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | ||||||
5 | revised 11-2-15.)
| ||||||
6 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
7 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
8 | qualification standards.
| ||||||
9 | (a) Testing.
| ||||||
10 | (1) General. No person shall be issued an original or | ||||||
11 | renewal CDL
unless that person is
domiciled in this State | ||||||
12 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
13 | and 6-510 of this Code. The Secretary shall cause to be | ||||||
14 | administered such
tests as the Secretary deems necessary to | ||||||
15 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
16 | H, and J.
| ||||||
17 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
18 | an original CDL or an upgraded CDL that requires a skills | ||||||
19 | test unless that person has held a CLP, for a minimum of 14 | ||||||
20 | calendar days, for the classification of vehicle and | ||||||
21 | endorsement, if any, for which the person is seeking a CDL. | ||||||
22 | (2) Third party testing. The Secretary of State may | ||||||
23 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
24 | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| ||||||
25 | skills test or tests specified by the Federal Motor Carrier |
| |||||||
| |||||||
1 | Safety
Administration pursuant to the
Commercial Motor | ||||||
2 | Vehicle Safety Act of 1986 and any appropriate federal | ||||||
3 | rule.
| ||||||
4 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
5 | the skills
test specified in this Section for a driver | ||||||
6 | applicant for a commercial driver license
who meets the | ||||||
7 | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | ||||||
8 | waive the skills tests specified in this Section for a driver | ||||||
9 | applicant who has military commercial motor vehicle | ||||||
10 | experience, subject to the requirements of 49 C.F.R. 383.77.
| ||||||
11 | (b-1) No person shall be issued a CDL unless the person | ||||||
12 | certifies to the Secretary one of the following types of | ||||||
13 | driving operations in which he or she will be engaged: | ||||||
14 | (1) non-excepted interstate; | ||||||
15 | (2) non-excepted intrastate; | ||||||
16 | (3) excepted interstate; or | ||||||
17 | (4) excepted intrastate. | ||||||
18 | (b-2) (Blank). | ||||||
19 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
20 | issued to a person while the person is
subject to a | ||||||
21 | disqualification from driving a commercial motor vehicle, or
| ||||||
22 | unless otherwise permitted by this Code, while the person's | ||||||
23 | driver's
license is suspended, revoked or cancelled in
any | ||||||
24 | state, or any territory or province of Canada; nor may a CLP or | ||||||
25 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
26 | other state, or foreign
jurisdiction, nor may a CDL be issued |
| |||||||
| |||||||
1 | to a person who has an Illinois CLP unless the person first | ||||||
2 | surrenders all of these
licenses or permits. However, a person | ||||||
3 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
4 | is necessary to train or practice for an endorsement or vehicle | ||||||
5 | classification not present on the current CDL. No CDL shall be | ||||||
6 | issued to or renewed for a person who does not
meet the | ||||||
7 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
8 | with
the aid of a hearing aid.
| ||||||
9 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
10 | driver endorsement
to allow a person to drive the type of bus | ||||||
11 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
12 | The CDL with a school bus driver endorsement may be
issued only | ||||||
13 | to a person meeting the following requirements:
| ||||||
14 | (1) the person has submitted his or her fingerprints to | ||||||
15 | the
Department of State Police in the form and manner
| ||||||
16 | prescribed by the Department of State Police. These
| ||||||
17 | fingerprints shall be checked against the fingerprint | ||||||
18 | records
now and hereafter filed in the Department of State | ||||||
19 | Police and
Federal Bureau of Investigation criminal | ||||||
20 | history records databases;
| ||||||
21 | (2) the person has passed a written test, administered | ||||||
22 | by the Secretary of
State, on charter bus operation, | ||||||
23 | charter bus safety, and certain special
traffic laws
| ||||||
24 | relating to school buses determined by the Secretary of | ||||||
25 | State to be relevant to
charter buses, and submitted to a | ||||||
26 | review of the driver applicant's driving
habits by the |
| |||||||
| |||||||
1 | Secretary of State at the time the written test is given;
| ||||||
2 | (3) the person has demonstrated physical fitness to | ||||||
3 | operate school buses
by
submitting the results of a medical | ||||||
4 | examination, including tests for drug
use; and
| ||||||
5 | (4) the person has not been convicted of committing or | ||||||
6 | attempting
to commit any
one or more of the following | ||||||
7 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
8 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
9 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
10 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
11 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
12 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
13 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
14 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
15 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
16 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
17 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
18 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
19 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
20 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
21 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, | ||||||
22 | 24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, | ||||||
23 | 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and | ||||||
24 | 33D-1, and in subsection (b) of Section 8-1, and in | ||||||
25 | subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), | ||||||
26 | (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in |
| |||||||
| |||||||
1 | subsection (a) and subsection (b), clause (1), of Section
| ||||||
2 | 12-4, and in subsection (A), clauses (a) and (b), of | ||||||
3 | Section 24-3, and those offenses contained in Article 29D | ||||||
4 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
5 | (ii) those offenses defined in the
Cannabis Control Act | ||||||
6 | except those offenses defined in subsections (a) and
(b) of | ||||||
7 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
8 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
9 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
10 | the Methamphetamine Control and Community Protection Act; | ||||||
11 | (v) any offense committed or attempted in any other state | ||||||
12 | or against
the laws of the United States, which if | ||||||
13 | committed or attempted in this
State would be punishable as | ||||||
14 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
15 | defined in Sections 4.1 and 5.1 of the Wrongs to Children | ||||||
16 | Act or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; (vii) those offenses defined in | ||||||
18 | Section 6-16 of the Liquor Control Act of
1934; and (viii) | ||||||
19 | those offenses defined in the Methamphetamine Precursor | ||||||
20 | Control Act.
| ||||||
21 | The Department of State Police shall charge
a fee for | ||||||
22 | conducting the criminal history records check, which shall be
| ||||||
23 | deposited into the State Police Services Fund and may not | ||||||
24 | exceed the actual
cost of the records check.
| ||||||
25 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
26 | endorsement to allow a person to drive a school bus as defined |
| |||||||
| |||||||
1 | in this Section. The CDL shall be issued according to the | ||||||
2 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
3 | operate a school bus as defined in this Section without a | ||||||
4 | school bus endorsement. The Secretary of State may adopt rules | ||||||
5 | consistent with Federal guidelines to implement this | ||||||
6 | subsection (c-2).
| ||||||
7 | (d) (Blank).
| ||||||
8 | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | ||||||
9 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | ||||||
10 | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of | ||||||
11 | P.A. 99-414 for effective date of changes made by 98-176); | ||||||
12 | 98-756, eff. 7-16-14.) | ||||||
13 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
14 | Section 27.6 as follows:
| ||||||
15 | (705 ILCS 105/27.6)
| ||||||
16 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
17 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
18 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
19 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
20 | penalties, bail balances
assessed or forfeited, and any other | ||||||
21 | amount paid by a person to the circuit
clerk equalling an | ||||||
22 | amount of $55 or more, except the fine imposed by Section | ||||||
23 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
24 | required
by subsections (b) and (c), restitution under Section |
| |||||||
| |||||||
1 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
2 | local anti-crime program ordered pursuant to Section | ||||||
3 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
4 | Corrections, reimbursement for the costs of an emergency
| ||||||
5 | response as provided under Section 11-501 of the Illinois | ||||||
6 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
7 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
8 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
9 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
10 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
11 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
12 | supervision, or any
other disposition for a violation of | ||||||
13 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
14 | similar provision of a local ordinance, and any
violation of | ||||||
15 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
16 | local ordinance, and except as otherwise provided in this | ||||||
17 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
18 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
19 | entity authorized by law to
receive the fine imposed in the | ||||||
20 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
21 | 38.675% shall be disbursed to the county's general corporate
| ||||||
22 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
23 | shall be deposited
by the State Treasurer into the Violent | ||||||
24 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
25 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
26 | be deposited into the Drivers Education Fund, and 6.948/17 |
| |||||||
| |||||||
1 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
2 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
3 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
4 | Department of Public Health and 50% shall be disbursed to
the | ||||||
5 | Department of Healthcare and Family Services. For fiscal year | ||||||
6 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
7 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
8 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
9 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
10 | amount that exceeds the 110% limit shall be distributed as | ||||||
11 | follows: 50%
shall be disbursed to the county's general | ||||||
12 | corporate fund and 50% shall be
disbursed to the entity | ||||||
13 | authorized by law to receive the fine imposed in
the case. Not | ||||||
14 | later than March 1 of each year the circuit clerk
shall submit | ||||||
15 | a report of the amount of funds remitted to the State
Treasurer | ||||||
16 | under this Section during the preceding year based upon
| ||||||
17 | independent verification of fines and fees. All counties shall | ||||||
18 | be subject
to this Section, except that counties with a | ||||||
19 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
20 | subject to this Section. For offenses
subject to this Section, | ||||||
21 | judges shall impose one total sum of money payable
for | ||||||
22 | violations. The circuit clerk may add on no additional amounts | ||||||
23 | except
for amounts that are required by Sections 27.3a and | ||||||
24 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
25 | by the judge. With
respect to money collected by the circuit | ||||||
26 | clerk as a result of
forfeiture of bail, ex parte judgment or |
| |||||||
| |||||||
1 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
2 | clerk shall first deduct and pay amounts
required by Sections | ||||||
3 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
4 | limitation of home rule powers and functions under subsection | ||||||
5 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
6 | (b) In addition to any other fines and court costs assessed | ||||||
7 | by the courts,
any person convicted or receiving an order of | ||||||
8 | supervision for driving under
the influence of alcohol or drugs | ||||||
9 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
10 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
11 | administrative costs incurred by the clerk, shall be remitted | ||||||
12 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
13 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
14 | $100 shall not be considered a part of the
fine for purposes of | ||||||
15 | any reduction in the fine for time served either before or
| ||||||
16 | after sentencing. Not later than March 1 of each year the | ||||||
17 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
18 | remitted to the State Treasurer under
this subsection during | ||||||
19 | the preceding calendar year.
| ||||||
20 | (b-1) In addition to any other fines and court costs | ||||||
21 | assessed by the courts,
any person convicted or receiving an | ||||||
22 | order of supervision for driving under the
influence of alcohol | ||||||
23 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
24 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
25 | defray administrative costs incurred by the clerk,
shall be | ||||||
26 | remitted by the clerk to the Treasurer within 60 days after |
| |||||||
| |||||||
1 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
2 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
3 | considered a part of the fine for purposes of any reduction in | ||||||
4 | the fine for
time served either before or after sentencing. Not | ||||||
5 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
6 | a report of the amount of funds remitted to
the State Treasurer | ||||||
7 | under this subsection during the preceding calendar
year.
| ||||||
8 | (c) In addition to any other fines and court costs assessed | ||||||
9 | by the courts,
any person convicted for a violation of Sections | ||||||
10 | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 or a person sentenced for a | ||||||
12 | violation of the Cannabis
Control Act, the Illinois Controlled | ||||||
13 | Substances Act, or the Methamphetamine Control and Community | ||||||
14 | Protection Act
shall pay an additional fee of $100 to the clerk
| ||||||
15 | of the circuit court. This amount, less
2 1/2% that shall be | ||||||
16 | used to defray administrative costs incurred by the clerk,
| ||||||
17 | shall be remitted by the clerk to the Treasurer within 60 days | ||||||
18 | after receipt
for deposit into the Trauma Center Fund. This | ||||||
19 | additional fee of $100 shall not
be considered a part of the | ||||||
20 | fine for purposes of any reduction in the fine for
time served | ||||||
21 | either before or after sentencing. Not later than March 1 of | ||||||
22 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
23 | of funds remitted to
the State Treasurer under this subsection | ||||||
24 | during the preceding calendar year.
| ||||||
25 | (c-1) In addition to any other fines and court costs | ||||||
26 | assessed by the
courts, any person sentenced for a violation of |
| |||||||
| |||||||
1 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
2 | Act, or the Methamphetamine Control and Community Protection | ||||||
3 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
4 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
5 | defray administrative costs incurred by the clerk, shall be | ||||||
6 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
7 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
8 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
9 | considered a part of the fine for purposes of any reduction in | ||||||
10 | the
fine for time served either before or after sentencing. Not | ||||||
11 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
12 | a report of the amount of funds
remitted to the State Treasurer | ||||||
13 | under this subsection during the preceding
calendar year.
| ||||||
14 | (d) The following amounts must be remitted to the State | ||||||
15 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
16 | (1) 50% of the amounts collected for felony offenses | ||||||
17 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
18 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
19 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
20 | of
1961 or the Criminal Code of 2012;
| ||||||
21 | (2) 20% of the amounts collected for Class A and Class | ||||||
22 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
23 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
24 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
25 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
26 | (3) 50% of the amounts collected for Class C |
| |||||||
| |||||||
1 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
2 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012.
| ||||||
4 | (e) Any person who receives a disposition of court | ||||||
5 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance shall, in addition to | ||||||
7 | any other fines, fees, and court costs, pay an additional fee | ||||||
8 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
9 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
10 | person shall also pay a fee of $6, if not waived by the court. | ||||||
11 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
12 | deposited into the Circuit Court Clerk Operation and | ||||||
13 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
14 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
15 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
16 | (f) This Section does not apply to the additional child | ||||||
17 | pornography fines assessed and collected under Section | ||||||
18 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
19 | (g) (Blank). | ||||||
20 | (h) (Blank). | ||||||
21 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
22 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
23 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
24 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
26 | to be used to offset the costs incurred by the Circuit Court |
| |||||||
| |||||||
1 | Clerk in performing the additional duties required to collect | ||||||
2 | and disburse funds to entities of State and local government as | ||||||
3 | provided by law.
| ||||||
4 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
5 | on supervision for a serious traffic violation, as defined in | ||||||
6 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
7 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
8 | a similar provision of a local ordinance shall pay an | ||||||
9 | additional fee of $35, to be disbursed as provided in Section | ||||||
10 | 16-104d of that Code. | ||||||
11 | This subsection (j) becomes inoperative on January 1, 2020. | ||||||
12 | (k) For any conviction or disposition of court supervision | ||||||
13 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
14 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
15 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
16 | Illinois Vehicle Code. | ||||||
17 | (l) Any person who receives a disposition of court | ||||||
18 | supervision for a violation of Section 11-501 of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
20 | in addition to any other fines, fees, and court costs, pay an | ||||||
21 | additional fee of $50, which shall
be collected by the circuit | ||||||
22 | clerk and then remitted to the State Treasurer for deposit into | ||||||
23 | the Roadside Memorial Fund, a special fund in the State | ||||||
24 | treasury. However, the court may waive the fee if full | ||||||
25 | restitution is complied with. Subject to appropriation, all | ||||||
26 | moneys in the Roadside Memorial Fund shall be used by the |
| |||||||
| |||||||
1 | Department of Transportation to pay fees imposed under | ||||||
2 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
3 | fee shall be remitted by the circuit clerk within one month | ||||||
4 | after receipt to the State Treasurer for deposit into the | ||||||
5 | Roadside Memorial Fund. | ||||||
6 | (m) Of the amounts collected as fines under subsection (c) | ||||||
7 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
8 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, 99% shall be deposited to the law | ||||||
10 | enforcement agency or fund specified and 1% shall be deposited | ||||||
11 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
12 | to be used to offset the costs incurred by the Circuit Court | ||||||
13 | Clerk in performing the additional duties required to collect | ||||||
14 | and disburse funds to entities of State and local government as | ||||||
15 | provided by law. | ||||||
16 | (n) In addition to any other fines and court costs assessed | ||||||
17 | by the courts, any person who is convicted of or pleads guilty | ||||||
18 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
20 | who is convicted of, pleads guilty to, or receives a | ||||||
21 | disposition of court supervision for a violation of the | ||||||
22 | Illinois Vehicle Code, or a similar provision of a local | ||||||
23 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
24 | the circuit court. This additional fee of $15 shall not be | ||||||
25 | considered a part of the fine for purposes of any reduction in | ||||||
26 | the fine for time served either before or after sentencing. |
| |||||||
| |||||||
1 | This amount, less 2.5% that shall be used to defray | ||||||
2 | administrative costs incurred by the clerk, shall be remitted | ||||||
3 | by the clerk to the State Treasurer within 60 days after | ||||||
4 | receipt for deposit into the State Police Merit Board Public | ||||||
5 | Safety Fund. | ||||||
6 | (o) The amounts collected as fines under Sections 10-9, | ||||||
7 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
8 | be collected by the circuit clerk and distributed as provided | ||||||
9 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
10 | lieu of any disbursement under subsection (a) of this Section. | ||||||
11 | (p) In addition to any other fees and penalties imposed, | ||||||
12 | any person who is convicted of or pleads guilty to a violation | ||||||
13 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||||||
14 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
15 | court. This additional fee of $250 shall not be considered a | ||||||
16 | part of the fine for purposes of any reduction in the fine for | ||||||
17 | time served either before or after sentencing. This amount, | ||||||
18 | less 2.5% that shall be used to defray administrative costs | ||||||
19 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
20 | Department of Insurance within 60 days after receipt for | ||||||
21 | deposit into the George Bailey Memorial Fund. | ||||||
22 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
23 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16 .) | ||||||
24 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
25 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, |
| |||||||
| |||||||
1 | 98-658, 98-1013, 99-78, and 99-455) | ||||||
2 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
3 | penalties, bail balances
assessed or forfeited, and any other | ||||||
4 | amount paid by a person to the circuit
clerk equalling an | ||||||
5 | amount of $55 or more, except the fine imposed by Section | ||||||
6 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
7 | required
by subsections (b) and (c), restitution under Section | ||||||
8 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
9 | local anti-crime program ordered pursuant to Section | ||||||
10 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
11 | Corrections, reimbursement for the costs of an emergency
| ||||||
12 | response as provided under Section 11-501 of the Illinois | ||||||
13 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
14 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
15 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
16 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
17 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
18 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
19 | supervision, or any
other disposition for a violation of | ||||||
20 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
21 | similar provision of a local ordinance, and any
violation of | ||||||
22 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
23 | local ordinance, and except as otherwise provided in this | ||||||
24 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
25 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
26 | entity authorized by law to
receive the fine imposed in the |
| |||||||
| |||||||
1 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
2 | 38.675% shall be disbursed to the county's general corporate
| ||||||
3 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
4 | shall be deposited
by the State Treasurer into the Violent | ||||||
5 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
6 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
7 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
8 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
9 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
10 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
11 | Department of Public Health and 50% shall be disbursed to
the | ||||||
12 | Department of Healthcare and Family Services. For fiscal year | ||||||
13 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
14 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
15 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
16 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
17 | amount that exceeds the 110% limit shall be distributed as | ||||||
18 | follows: 50%
shall be disbursed to the county's general | ||||||
19 | corporate fund and 50% shall be
disbursed to the entity | ||||||
20 | authorized by law to receive the fine imposed in
the case. Not | ||||||
21 | later than March 1 of each year the circuit clerk
shall submit | ||||||
22 | a report of the amount of funds remitted to the State
Treasurer | ||||||
23 | under this Section during the preceding year based upon
| ||||||
24 | independent verification of fines and fees. All counties shall | ||||||
25 | be subject
to this Section, except that counties with a | ||||||
26 | population under 2,000,000
may, by ordinance, elect not to be |
| |||||||
| |||||||
1 | subject to this Section. For offenses
subject to this Section, | ||||||
2 | judges shall impose one total sum of money payable
for | ||||||
3 | violations. The circuit clerk may add on no additional amounts | ||||||
4 | except
for amounts that are required by Sections 27.3a and | ||||||
5 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
6 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
7 | Code, unless those amounts are specifically waived by the | ||||||
8 | judge. With
respect to money collected by the circuit clerk as | ||||||
9 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
10 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
11 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
12 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
13 | is implemented or fee requirements are waived pursuant to court | ||||||
14 | order, the clerk of the court may add to any unpaid fees and | ||||||
15 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
16 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
17 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
18 | unpaid after 90 days. Notice to those parties may be made by | ||||||
19 | signage posting or publication. The additional delinquency | ||||||
20 | amounts collected under this Section shall be deposited in the | ||||||
21 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
22 | used to defray administrative costs incurred by the circuit | ||||||
23 | clerk in performing the duties required to collect and disburse | ||||||
24 | funds. This Section is a denial
and limitation of home rule | ||||||
25 | powers and functions under subsection (h) of
Section 6 of | ||||||
26 | Article VII of the Illinois Constitution.
|
| |||||||
| |||||||
1 | (b) In addition to any other fines and court costs assessed | ||||||
2 | by the courts,
any person convicted or receiving an order of | ||||||
3 | supervision for driving under
the influence of alcohol or drugs | ||||||
4 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
5 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
6 | administrative costs incurred by the clerk, shall be remitted | ||||||
7 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
8 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
9 | $100 shall not be considered a part of the
fine for purposes of | ||||||
10 | any reduction in the fine for time served either before or
| ||||||
11 | after sentencing. Not later than March 1 of each year the | ||||||
12 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
13 | remitted to the State Treasurer under
this subsection during | ||||||
14 | the preceding calendar year.
| ||||||
15 | (b-1) In addition to any other fines and court costs | ||||||
16 | assessed by the courts,
any person convicted or receiving an | ||||||
17 | order of supervision for driving under the
influence of alcohol | ||||||
18 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
19 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
20 | defray administrative costs incurred by the clerk,
shall be | ||||||
21 | remitted by the clerk to the Treasurer within 60 days after | ||||||
22 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
23 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
24 | considered a part of the fine for purposes of any reduction in | ||||||
25 | the fine for
time served either before or after sentencing. Not | ||||||
26 | later than March 1 of each
year the Circuit Clerk shall submit |
| |||||||
| |||||||
1 | a report of the amount of funds remitted to
the State Treasurer | ||||||
2 | under this subsection during the preceding calendar
year.
| ||||||
3 | (c) In addition to any other fines and court costs assessed | ||||||
4 | by the courts,
any person convicted for a violation of Sections | ||||||
5 | 24-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of
the Criminal Code of | ||||||
6 | 1961 or the Criminal Code of 2012 or a person sentenced for a | ||||||
7 | violation of the Cannabis
Control Act, the Illinois Controlled | ||||||
8 | Substances Act, or the Methamphetamine Control and Community | ||||||
9 | Protection Act
shall pay an additional fee of $100 to the clerk
| ||||||
10 | of the circuit court. This amount, less
2 1/2% that shall be | ||||||
11 | used to defray administrative costs incurred by the clerk,
| ||||||
12 | shall be remitted by the clerk to the Treasurer within 60 days | ||||||
13 | after receipt
for deposit into the Trauma Center Fund. This | ||||||
14 | additional fee of $100 shall not
be considered a part of the | ||||||
15 | fine for purposes of any reduction in the fine for
time served | ||||||
16 | either before or after sentencing. Not later than March 1 of | ||||||
17 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
18 | of funds remitted to
the State Treasurer under this subsection | ||||||
19 | during the preceding calendar year.
| ||||||
20 | (c-1) In addition to any other fines and court costs | ||||||
21 | assessed by the
courts, any person sentenced for a violation of | ||||||
22 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
23 | Act, or the Methamphetamine Control and Community Protection | ||||||
24 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
25 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
26 | defray administrative costs incurred by the clerk, shall be |
| |||||||
| |||||||
1 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
2 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
3 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
4 | considered a part of the fine for purposes of any reduction in | ||||||
5 | the
fine for time served either before or after sentencing. Not | ||||||
6 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
7 | a report of the amount of funds
remitted to the State Treasurer | ||||||
8 | under this subsection during the preceding
calendar year.
| ||||||
9 | (d) The following amounts must be remitted to the State | ||||||
10 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
11 | (1) 50% of the amounts collected for felony offenses | ||||||
12 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
13 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
14 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
15 | of
1961 or the Criminal Code of 2012;
| ||||||
16 | (2) 20% of the amounts collected for Class A and Class | ||||||
17 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
18 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
19 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
20 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
21 | (3) 50% of the amounts collected for Class C | ||||||
22 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
23 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012.
| ||||||
25 | (e) Any person who receives a disposition of court | ||||||
26 | supervision for a violation of the Illinois Vehicle Code or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance shall, in addition to | ||||||
2 | any other fines, fees, and court costs, pay an additional fee | ||||||
3 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
4 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
5 | person shall also pay a fee of $6, if not waived by the court. | ||||||
6 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
7 | deposited into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
9 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
10 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
11 | (f) This Section does not apply to the additional child | ||||||
12 | pornography fines assessed and collected under Section | ||||||
13 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
14 | (g) Any person convicted of or pleading guilty to a serious | ||||||
15 | traffic violation, as defined in Section 1-187.001 of the | ||||||
16 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
17 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
18 | subsection (g) becomes inoperative on January 1, 2020. | ||||||
19 | (h) In all counties having a population of 3,000,000 or | ||||||
20 | more inhabitants, | ||||||
21 | (1) A person who is found guilty of or pleads guilty to | ||||||
22 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
23 | Vehicle Code, including any person placed on court | ||||||
24 | supervision for violating subsection (a), shall be fined | ||||||
25 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
26 | of the Illinois Vehicle Code, payable to the circuit clerk, |
| |||||||
| |||||||
1 | who shall distribute the money pursuant to subsection (f) | ||||||
2 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
3 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
4 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
5 | Corrections is assessed, it shall be disbursed by the | ||||||
6 | circuit clerk as provided by subsection (f) of Section | ||||||
7 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
8 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
9 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
10 | who violated that Section shall be charged an additional | ||||||
11 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
12 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
13 | the circuit clerk to a State or county Transportation | ||||||
14 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
15 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
16 | (4) When a fine for a violation of subsection (a) of | ||||||
17 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
18 | greater, the additional $50 which is charged as provided | ||||||
19 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
20 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
21 | school district or districts for school safety purposes as | ||||||
22 | provided by subsection (f) of Section 11-605. | ||||||
23 | (5) When a fine for a violation of subsection (a) of | ||||||
24 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
25 | greater, the additional $50 which is charged as provided | ||||||
26 | for by subsection (c) of Section 11-1002.5 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
2 | school district or districts for school safety purposes as | ||||||
3 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
4 | Illinois Vehicle Code. | ||||||
5 | (6) When a mandatory drug court fee of up to $5 is | ||||||
6 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
7 | the Counties Code, it shall be disbursed by the circuit | ||||||
8 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
9 | the Counties Code. | ||||||
10 | (7) When a mandatory teen court, peer jury, youth | ||||||
11 | court, or other youth diversion program fee is assessed as | ||||||
12 | provided in subsection (e) of Section 5-1101 of the | ||||||
13 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
14 | as provided in subsection (e) of Section 5-1101 of the | ||||||
15 | Counties Code. | ||||||
16 | (8) When a Children's Advocacy Center fee is assessed | ||||||
17 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
18 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
19 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
20 | Counties Code. | ||||||
21 | (9) When a victim impact panel fee is assessed pursuant | ||||||
22 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
23 | it shall be disbursed by the circuit clerk to the victim | ||||||
24 | impact panel to be attended by the defendant. | ||||||
25 | (10) When a new fee collected in traffic cases is | ||||||
26 | enacted after the effective date of this subsection (h), it |
| |||||||
| |||||||
1 | shall be excluded from the percentage disbursement | ||||||
2 | provisions of this Section unless otherwise indicated by | ||||||
3 | law. | ||||||
4 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
5 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
6 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
7 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
9 | to be used to offset the costs incurred by the Circuit Court | ||||||
10 | Clerk in performing the additional duties required to collect | ||||||
11 | and disburse funds to entities of State and local government as | ||||||
12 | provided by law.
| ||||||
13 | (j) (Blank). | ||||||
14 | (k) For any conviction or disposition of court supervision | ||||||
15 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
16 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
17 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
18 | Illinois Vehicle Code. | ||||||
19 | (l) Any person who receives a disposition of court | ||||||
20 | supervision for a violation of Section 11-501 of the Illinois | ||||||
21 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
22 | in addition to any other fines, fees, and court costs, pay an | ||||||
23 | additional fee of $50, which shall
be collected by the circuit | ||||||
24 | clerk and then remitted to the State Treasurer for deposit into | ||||||
25 | the Roadside Memorial Fund, a special fund in the State | ||||||
26 | treasury. However, the court may waive the fee if full |
| |||||||
| |||||||
1 | restitution is complied with. Subject to appropriation, all | ||||||
2 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
3 | Department of Transportation to pay fees imposed under | ||||||
4 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
5 | fee shall be remitted by the circuit clerk within one month | ||||||
6 | after receipt to the State Treasurer for deposit into the | ||||||
7 | Roadside Memorial Fund. | ||||||
8 | (m) Of the amounts collected as fines under subsection (c) | ||||||
9 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
10 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
11 | Community Protection Act, 99% shall be deposited to the law | ||||||
12 | enforcement agency or fund specified and 1% shall be deposited | ||||||
13 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
14 | to be used to offset the costs incurred by the Circuit Court | ||||||
15 | Clerk in performing the additional duties required to collect | ||||||
16 | and disburse funds to entities of State and local government as | ||||||
17 | provided by law. | ||||||
18 | (n) In addition to any other fines and court costs assessed | ||||||
19 | by the courts, any person who is convicted of or pleads guilty | ||||||
20 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
22 | who is convicted of, pleads guilty to, or receives a | ||||||
23 | disposition of court supervision for a violation of the | ||||||
24 | Illinois Vehicle Code, or a similar provision of a local | ||||||
25 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
26 | the circuit court. This additional fee of $15 shall not be |
| |||||||
| |||||||
1 | considered a part of the fine for purposes of any reduction in | ||||||
2 | the fine for time served either before or after sentencing. | ||||||
3 | This amount, less 2.5% that shall be used to defray | ||||||
4 | administrative costs incurred by the clerk, shall be remitted | ||||||
5 | by the clerk to the State Treasurer within 60 days after | ||||||
6 | receipt for deposit into the State Police Merit Board Public | ||||||
7 | Safety Fund. | ||||||
8 | (o) The amounts collected as fines under Sections 10-9, | ||||||
9 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
10 | be collected by the circuit clerk and distributed as provided | ||||||
11 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
12 | lieu of any disbursement under subsection (a) of this Section. | ||||||
13 | (p) In addition to any other fees and penalties imposed, | ||||||
14 | any person who is convicted of or pleads guilty to a violation | ||||||
15 | of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012 | ||||||
16 | shall pay an additional fee of $250 to the clerk of the circuit | ||||||
17 | court. This additional fee of $250 shall not be considered a | ||||||
18 | part of the fine for purposes of any reduction in the fine for | ||||||
19 | time served either before or after sentencing. This amount, | ||||||
20 | less 2.5% that shall be used to defray administrative costs | ||||||
21 | incurred by the clerk, shall be remitted by the clerk to the | ||||||
22 | Department of Insurance within 60 days after receipt for | ||||||
23 | deposit into the George Bailey Memorial Fund. | ||||||
24 | (Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15; | ||||||
25 | 99-78, eff. 7-20-15; 99-455, eff. 1-1-16.) |
| |||||||
| |||||||
1 | Section 20. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding | ||||||
3 | Section 24-1.1-5 as follows:
| ||||||
4 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
5 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
6 | felons Use or Possession of Weapons by Felons or
Persons in the | ||||||
7 | Custody of the
Department of Corrections Facilities . | ||||||
8 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
9 | about his person or on his land or
in his own abode or fixed | ||||||
10 | place of business any weapon prohibited under
Section 24-1 of | ||||||
11 | this Act or any firearm or any firearm ammunition if the
person | ||||||
12 | has been convicted of a felony under the laws of this State or | ||||||
13 | any
other jurisdiction. This Section shall not apply if the | ||||||
14 | person has been
granted relief by the Director of the | ||||||
15 | Department of State Police
under Section 10 of the Firearm | ||||||
16 | Owners Identification
Card Act.
| ||||||
17 | (b) (Blank). It is unlawful for any person confined in a | ||||||
18 | penal institution,
which is a facility of the Illinois | ||||||
19 | Department of Corrections, to possess
any weapon prohibited | ||||||
20 | under Section 24-1 of this Code or any firearm or
firearm | ||||||
21 | ammunition, regardless of the intent with which he possesses | ||||||
22 | it.
| ||||||
23 | (c) (Blank). It shall be an affirmative defense to a | ||||||
24 | violation of subsection (b), that such possession was | ||||||
25 | specifically authorized by rule,
regulation, or directive of |
| |||||||
| |||||||
1 | the Illinois Department of Corrections or order
issued pursuant | ||||||
2 | thereto.
| ||||||
3 | (d) (Blank). The defense of necessity is not available to a | ||||||
4 | person who is charged
with a violation of subsection (b) of | ||||||
5 | this Section.
| ||||||
6 | (e) Sentence. | ||||||
7 | (1) Violation of this Section is by a person not | ||||||
8 | confined
in a penal institution shall be a Class 3 felony
| ||||||
9 | for which the person shall be sentenced to no less than 3 2 | ||||||
10 | years and no
more than 10 years and any second or | ||||||
11 | subsequent violation shall be a Class 2 felony for which | ||||||
12 | the person shall be sentenced to a term of imprisonment of | ||||||
13 | not less than 3 years and not more than 14 years . | ||||||
14 | (2) Violation of this Section is a Class 2 felony for | ||||||
15 | which the person shall be sentenced to not less than 3 | ||||||
16 | years and not more than 14 years if the conviction was | ||||||
17 | entered less than 10 years prior to the commission of the | ||||||
18 | instant offense, excluding any time the defendant was in | ||||||
19 | custody, on probation, conditional discharge, or mandatory | ||||||
20 | supervised release. | ||||||
21 | (3) Violation of this Section by a person not confined | ||||||
22 | in a
penal institution who has been convicted of a second | ||||||
23 | or subsequent offense under this Section, a forcible | ||||||
24 | felony, a felony
violation of Article 24 of this Code or of | ||||||
25 | the Firearm Owners Identification
Card Act, stalking or | ||||||
26 | aggravated stalking, or a Class 2 or greater felony
under |
| |||||||
| |||||||
1 | the Illinois Controlled Substances Act, the Cannabis | ||||||
2 | Control Act, or the Methamphetamine Control and Community | ||||||
3 | Protection Act is a
Class 2 felony for which the person
| ||||||
4 | shall be sentenced to not less than 4 3 years and not more | ||||||
5 | than 14 years.
| ||||||
6 | (4) Violation of this Section by a person who is on | ||||||
7 | parole or mandatory supervised
release is a Class 2 felony | ||||||
8 | for which the person shall be sentenced to not less than 4 | ||||||
9 | 3 years and not more than 14
years. | ||||||
10 | (5) Violation of this Section by a person not confined | ||||||
11 | in a penal
institution is a Class X felony when the firearm | ||||||
12 | possessed is a machine gun.
Any person who violates this | ||||||
13 | Section while confined in a penal
institution, which is a | ||||||
14 | facility of the Illinois Department of
Corrections, is | ||||||
15 | guilty of a Class 1
felony, if he possesses any weapon | ||||||
16 | prohibited under Section 24-1 of this
Code regardless of | ||||||
17 | the intent with which he possesses it, a Class X
felony if | ||||||
18 | he possesses any firearm, firearm ammunition or explosive, | ||||||
19 | and a
Class X felony for which the offender shall be | ||||||
20 | sentenced to not less than 12
years and not more than 50 | ||||||
21 | years when the firearm possessed is a machine
gun. | ||||||
22 | (6) A violation of this Section while wearing or in | ||||||
23 | possession of body armor as defined in Section 33F-1 is a | ||||||
24 | Class X felony punishable by a term of imprisonment of not | ||||||
25 | less than 10 years and not more than 40 years.
| ||||||
26 | (7) A sentence of county impact incarceration under |
| |||||||
| |||||||
1 | Section 5-8-1.2 of the Unified Code of Corrections is not | ||||||
2 | authorized for a violation of this Section. | ||||||
3 | (8) The possession of each firearm or firearm | ||||||
4 | ammunition in violation of this Section constitutes a | ||||||
5 | single and separate violation.
| ||||||
6 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
7 | (720 ILCS 5/24-1.1-5 new) | ||||||
8 | Sec. 24-1.1-5. Unlawful use or possession of weapons by | ||||||
9 | persons in the custody of the Department of Corrections | ||||||
10 | facilities. | ||||||
11 | (a) It is unlawful for any person confined in a penal | ||||||
12 | institution, which is a facility of the Illinois Department of | ||||||
13 | Corrections, to possess any weapon prohibited under Section | ||||||
14 | 24-1 of this Code or any firearm or firearm ammunition, | ||||||
15 | regardless of the intent with which he or she possesses it. | ||||||
16 | (b) It is an affirmative defense to a violation of this | ||||||
17 | Section that the possession was specifically authorized by | ||||||
18 | rule, regulation, or directive of the Illinois Department of | ||||||
19 | Corrections or order issued under that rule, regulation, or | ||||||
20 | directive. | ||||||
21 | (c) The defense of necessity is not available to a person | ||||||
22 | who is charged with a violation of this Section. | ||||||
23 | (d) Sentence. | ||||||
24 | (1) Any person who violates this Section is guilty of a | ||||||
25 | Class 1 felony, if he or she possesses any weapon prohibited |
| |||||||
| |||||||
1 | under Section 24-1 of this Code, a Class X felony if he or she | ||||||
2 | possesses any firearm, firearm ammunition, or explosive, and a | ||||||
3 | Class X felony for which the offender shall be sentenced to not | ||||||
4 | less than 12 years and not more than 50 years when the firearm | ||||||
5 | possessed is a machine gun. | ||||||
6 | (2) A violation of this Section while wearing or in | ||||||
7 | possession of body armor as defined in Section 33F-1 is a Class | ||||||
8 | X felony punishable by a term of imprisonment of not less than | ||||||
9 | 10 years and not more than 40 years. | ||||||
10 | (3) The possession of each firearm or firearm ammunition in | ||||||
11 | violation of this Section constitutes a single and separate | ||||||
12 | violation. | ||||||
13 | (4) A sentence of county impact incarceration under Section | ||||||
14 | 5-8-1.2 of the Unified Code of Corrections is not authorized | ||||||
15 | for a violation of this Section. | ||||||
16 | (720 ILCS 5/24-1.6) | ||||||
17 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
18 | (a) A person commits the offense of aggravated unlawful use | ||||||
19 | of a weapon when
he or she knowingly: | ||||||
20 | (1) Carries on or about his or her person or in any | ||||||
21 | vehicle or concealed
on or about his or her person except | ||||||
22 | when on his or her land or in his or her
abode, legal | ||||||
23 | dwelling, or fixed place of business, or on the land or in | ||||||
24 | the legal dwelling of another person as an invitee with | ||||||
25 | that person's permission, any pistol, revolver, stun gun or |
| |||||||
| |||||||
1 | taser or
other firearm; or | ||||||
2 | (2) Carries or possesses on or about his or her person, | ||||||
3 | upon any public
street, alley, or other public lands within | ||||||
4 | the corporate limits of a city,
village or incorporated | ||||||
5 | town, except when an invitee thereon or therein, for
the | ||||||
6 | purpose of the display of such weapon or the lawful | ||||||
7 | commerce in weapons, or
except when on his or her own land | ||||||
8 | or in his or her own abode, legal dwelling, or fixed place | ||||||
9 | of
business, or on the land or in the legal dwelling of | ||||||
10 | another person as an invitee with that person's permission, | ||||||
11 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
12 | and | ||||||
13 | (3) One of the following factors is present: | ||||||
14 | (A) the firearm, other than a pistol, revolver, or | ||||||
15 | handgun, possessed was uncased, loaded, and | ||||||
16 | immediately accessible
at the time of the offense; or | ||||||
17 | (A-5) the pistol, revolver, or handgun possessed | ||||||
18 | was uncased, loaded, and immediately accessible
at the | ||||||
19 | time of the offense and the person possessing the | ||||||
20 | pistol, revolver, or handgun has not been issued a | ||||||
21 | currently valid license under the Firearm Concealed | ||||||
22 | Carry Act; or | ||||||
23 | (B) the firearm, other than a pistol, revolver, or | ||||||
24 | handgun, possessed was uncased, unloaded, and the | ||||||
25 | ammunition for
the weapon was immediately accessible | ||||||
26 | at the time of the offense; or |
| |||||||
| |||||||
1 | (B-5) the pistol, revolver, or handgun possessed | ||||||
2 | was uncased, unloaded, and the ammunition for
the | ||||||
3 | weapon was immediately accessible at the time of the | ||||||
4 | offense and the person possessing the pistol, | ||||||
5 | revolver, or handgun has not been issued a currently | ||||||
6 | valid license under the Firearm Concealed Carry Act; or | ||||||
7 | (C) the person possessing the firearm has not been | ||||||
8 | issued a currently
valid Firearm Owner's | ||||||
9 | Identification Card; or | ||||||
10 | (D) the person possessing the weapon was | ||||||
11 | previously adjudicated
a delinquent minor under the | ||||||
12 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
13 | by an adult would be a felony; or | ||||||
14 | (E) the person possessing the weapon was engaged in | ||||||
15 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
16 | a misdemeanor violation of the Illinois Controlled | ||||||
17 | Substances
Act, or in a misdemeanor violation of the | ||||||
18 | Methamphetamine Control and Community Protection Act; | ||||||
19 | or | ||||||
20 | (F) (blank); or | ||||||
21 | (G) the person possessing the weapon had a order of | ||||||
22 | protection issued
against him or her within the | ||||||
23 | previous 2 years; or | ||||||
24 | (H) the person possessing the weapon was engaged in | ||||||
25 | the commission or
attempted commission of
a | ||||||
26 | misdemeanor involving the use or threat of violence |
| |||||||
| |||||||
1 | against
the person or property of another; or | ||||||
2 | (I) the person possessing the weapon was under 21 | ||||||
3 | years of age and in
possession of a handgun, unless the | ||||||
4 | person under 21
is engaged in lawful activities under | ||||||
5 | the Wildlife Code or described in
subsection | ||||||
6 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
7 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
8 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
9 | (b) "Stun gun or taser" as used in this Section has the | ||||||
10 | same definition
given to it in Section 24-1 of this Code. | ||||||
11 | (c) This Section does not apply to or affect the | ||||||
12 | transportation or
possession
of weapons that: | ||||||
13 | (i) are broken down in a non-functioning state; or | ||||||
14 | (ii) are not immediately accessible; or | ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a person | ||||||
17 | who has been issued a currently
valid Firearm Owner's
| ||||||
18 | Identification Card. | ||||||
19 | (d) Sentence. | ||||||
20 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
21 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
22 | for which the person shall be sentenced to a term of | ||||||
23 | imprisonment of not less than 4 3 years and not more than | ||||||
24 | 10 7 years. | ||||||
25 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
26 | (4) of this subsection (d), a first offense of aggravated |
| |||||||
| |||||||
1 | unlawful use of a weapon committed with a firearm by a | ||||||
2 | person 18 years of age or older where the factors listed in | ||||||
3 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
4 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
5 | felony, for which the person shall be sentenced to a term | ||||||
6 | of imprisonment of not less than one year and not more than | ||||||
7 | 3 years. | ||||||
8 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
9 | has been previously
convicted of a felony offense is a | ||||||
10 | Class 3 felony for which the person shall be sentenced to a | ||||||
11 | term of not less than 3 years and not more than 10 years, | ||||||
12 | unless the conviction was entered less than 10 years prior | ||||||
13 | to the commission of the instant offense, excluding any | ||||||
14 | time the defendant was in custody, on probation, | ||||||
15 | conditional discharge, or supervised release, in which | ||||||
16 | case it is a Class 2 felony for which the person shall be | ||||||
17 | sentenced to a term of not less than 4 years and not more | ||||||
18 | than 10 years. in this State or another jurisdiction is a | ||||||
19 | Class 2
felony for which the person shall be sentenced to a | ||||||
20 | term of imprisonment of not less than 3 years and not more | ||||||
21 | than 7 years. | ||||||
22 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
23 | or in possession of body armor as defined in Section 33F-1 | ||||||
24 | by a person who has not been issued a valid Firearms | ||||||
25 | Owner's Identification Card in accordance with Section 5 of | ||||||
26 | the Firearm Owners Identification Card Act is a Class X |
| |||||||
| |||||||
1 | felony.
| ||||||
2 | (5) A sentence of county impact incarceration under | ||||||
3 | Section 5-8-1.2 of the Unified Code of Corrections is not | ||||||
4 | authorized for a violation of this Section. | ||||||
5 | (e) The possession of each firearm in violation of this | ||||||
6 | Section constitutes a single and separate violation. | ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
8 | (720 ILCS 5/24-1.8) | ||||||
9 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
10 | gang member. | ||||||
11 | (a) A person
commits unlawful possession of a firearm by a | ||||||
12 | street gang member when he or she knowingly: | ||||||
13 | (1) possesses, carries, or conceals on or about his or | ||||||
14 | her person a firearm and firearm ammunition while on any | ||||||
15 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
16 | except when inside his or her own abode or inside his or | ||||||
17 | her fixed place of business, and has not been issued a | ||||||
18 | currently valid Firearm Owner's Identification Card and is | ||||||
19 | a member of a street gang; or | ||||||
20 | (2) possesses or carries in any vehicle a firearm and | ||||||
21 | firearm ammunition which are both immediately accessible | ||||||
22 | at the time of the offense while on any street, road, | ||||||
23 | alley, or any other lands, except when inside his or her | ||||||
24 | own abode or garage, and has not been issued a currently | ||||||
25 | valid Firearm Owner's Identification Card and is a member |
| |||||||
| |||||||
1 | of a street gang. | ||||||
2 | (b) Unlawful possession of a firearm by a street gang | ||||||
3 | member is a Class 2 felony for which the person , if sentenced | ||||||
4 | to a term of imprisonment, shall be sentenced to no less than 4 | ||||||
5 | 3 years and no more than 10 years. A sentence of county impact | ||||||
6 | incarceration under Section 5-8-1.2 of the Unified Code of | ||||||
7 | Corrections is not authorized for a violation of this Section. | ||||||
8 | A period of probation, a term of periodic imprisonment or | ||||||
9 | conditional discharge shall not be imposed for the offense of | ||||||
10 | unlawful possession of a firearm by a street gang member when | ||||||
11 | the firearm was loaded or contained firearm ammunition and the | ||||||
12 | court shall sentence the offender to not less than the minimum | ||||||
13 | term of imprisonment authorized for the Class 2 felony. | ||||||
14 | (c) For purposes of this Section: | ||||||
15 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
16 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
17 | Prevention Act. | ||||||
18 | "Street gang member" or "gang member" has the meaning | ||||||
19 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
20 | Terrorism Omnibus Prevention Act.
| ||||||
21 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
22 | Section 25. The Unified Code of Corrections is amended by | ||||||
23 | changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:
| ||||||
24 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
| |||||||
| |||||||
1 | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| ||||||
2 | (a) (1) The Department of Corrections shall prescribe | ||||||
3 | rules
and regulations for awarding and revoking sentence | ||||||
4 | credit for persons committed to the Department which shall
| ||||||
5 | be subject to review by the Prisoner Review Board.
| ||||||
6 | (1.5) As otherwise provided by law, sentence credit may | ||||||
7 | be awarded for the following: | ||||||
8 | (A) successful completion of programming while in | ||||||
9 | custody of the Department or while in custody prior to | ||||||
10 | sentencing; | ||||||
11 | (B) compliance with the rules and regulations of | ||||||
12 | the Department; or | ||||||
13 | (C) service to the institution, service to a | ||||||
14 | community, or service to the State. | ||||||
15 | (2) The rules and regulations on sentence credit shall | ||||||
16 | provide, with
respect to offenses listed in clause (i), | ||||||
17 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
18 | June 19, 1998 or with respect to the offense listed in | ||||||
19 | clause (iv) of this paragraph (2) committed on or after | ||||||
20 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
21 | with
respect to offense listed in clause (vi)
committed on | ||||||
22 | or after June 1, 2008 (the effective date of Public Act | ||||||
23 | 95-625)
or with respect to the offense of being an armed | ||||||
24 | habitual criminal committed on or after August 2, 2005 (the | ||||||
25 | effective date of Public Act 94-398) or with respect to the | ||||||
26 | offenses listed in clause (v) of this paragraph (2) |
| |||||||
| |||||||
1 | committed on or after August 13, 2007 (the effective date | ||||||
2 | of Public Act 95-134) or with respect to the offense of | ||||||
3 | aggravated domestic battery committed on or after July 23, | ||||||
4 | 2010 (the effective date of Public Act 96-1224) or with | ||||||
5 | respect to the offense of attempt to commit terrorism | ||||||
6 | committed on or after January 1, 2013 (the effective date | ||||||
7 | of Public Act 97-990), or with respect to the offenses | ||||||
8 | listed in clause (viii) of this paragraph (2) committed on | ||||||
9 | or after the effective date of this amendatory Act of the | ||||||
10 | 99th General Assembly, the following:
| ||||||
11 | (i) that a prisoner who is serving a term of | ||||||
12 | imprisonment for first
degree murder or for the offense | ||||||
13 | of terrorism shall receive no sentence
credit and shall | ||||||
14 | serve the entire
sentence imposed by the court;
| ||||||
15 | (ii) that a prisoner serving a sentence for attempt | ||||||
16 | to commit terrorism, attempt to commit first
degree | ||||||
17 | murder, solicitation of murder, solicitation of murder | ||||||
18 | for hire,
intentional homicide of an unborn child, | ||||||
19 | predatory criminal sexual assault of a
child, | ||||||
20 | aggravated criminal sexual assault, criminal sexual | ||||||
21 | assault, aggravated
kidnapping, aggravated battery | ||||||
22 | with a firearm as described in Section 12-4.2 or | ||||||
23 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
24 | Section 12-3.05, heinous battery as described in | ||||||
25 | Section 12-4.1 or subdivision (a)(2) of Section | ||||||
26 | 12-3.05, being an armed habitual criminal, aggravated
|
| |||||||
| |||||||
1 | battery of a senior citizen as described in Section | ||||||
2 | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||||||
3 | aggravated battery of a child as described in Section | ||||||
4 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
5 | receive no
more than 4.5 days of sentence credit for | ||||||
6 | each month of his or her sentence
of imprisonment;
| ||||||
7 | (iii) that a prisoner serving a sentence
for home | ||||||
8 | invasion, armed robbery, aggravated vehicular | ||||||
9 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
10 | violence with a category I weapon
or category II | ||||||
11 | weapon, when the court
has made and entered a finding, | ||||||
12 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
13 | Code, that the conduct leading to conviction for the | ||||||
14 | enumerated offense
resulted in great bodily harm to a | ||||||
15 | victim, shall receive no more than 4.5 days
of sentence | ||||||
16 | credit for each month of his or her sentence of | ||||||
17 | imprisonment;
| ||||||
18 | (iv) that a prisoner serving a sentence for | ||||||
19 | aggravated discharge of a firearm, whether or not the | ||||||
20 | conduct leading to conviction for the offense resulted | ||||||
21 | in great bodily harm to the victim, shall receive no | ||||||
22 | more than 4.5 days of sentence credit for each month of | ||||||
23 | his or her sentence of imprisonment;
| ||||||
24 | (v) that a person serving a sentence for | ||||||
25 | gunrunning, narcotics racketeering, controlled | ||||||
26 | substance trafficking, methamphetamine trafficking, |
| |||||||
| |||||||
1 | drug-induced homicide, aggravated | ||||||
2 | methamphetamine-related child endangerment, money | ||||||
3 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
4 | 29B-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012, or a Class X felony conviction for delivery of | ||||||
6 | a controlled substance, possession of a controlled | ||||||
7 | substance with intent to manufacture or deliver, | ||||||
8 | calculated criminal drug conspiracy, criminal drug | ||||||
9 | conspiracy, street gang criminal drug conspiracy, | ||||||
10 | participation in methamphetamine manufacturing, | ||||||
11 | aggravated participation in methamphetamine | ||||||
12 | manufacturing, delivery of methamphetamine, possession | ||||||
13 | with intent to deliver methamphetamine, aggravated | ||||||
14 | delivery of methamphetamine, aggravated possession | ||||||
15 | with intent to deliver methamphetamine, | ||||||
16 | methamphetamine conspiracy when the substance | ||||||
17 | containing the controlled substance or methamphetamine | ||||||
18 | is 100 grams or more shall receive no more than 7.5 | ||||||
19 | days sentence credit for each month of his or her | ||||||
20 | sentence of imprisonment;
| ||||||
21 | (vi)
that a prisoner serving a sentence for a | ||||||
22 | second or subsequent offense of luring a minor shall | ||||||
23 | receive no more than 4.5 days of sentence credit for | ||||||
24 | each month of his or her sentence of imprisonment; and
| ||||||
25 | (vii) that a prisoner serving a sentence for | ||||||
26 | aggravated domestic battery shall receive no more than |
| |||||||
| |||||||
1 | 4.5 days of sentence credit for each month of his or | ||||||
2 | her sentence of imprisonment ; and . | ||||||
3 | (viii) that a prisoner serving a sentence for a | ||||||
4 | violation under Section 24-1.8; paragraphs (2), (3), | ||||||
5 | (4), (5) or (6) of subsection (e) under Section 24-1.1; | ||||||
6 | or, a Class 2 or greater felony under Section 24-1.6 of | ||||||
7 | the Criminal Code of 2012 shall receive no more than | ||||||
8 | 4.5 days of sentence credit for each month of his or | ||||||
9 | her sentence of imprisonment, unless the prisoner | ||||||
10 | receives a court order under paragraph (2.05) of this | ||||||
11 | subsection (a) authorizing the Department to issue up | ||||||
12 | to a maximum of 180 days of additional sentence credit | ||||||
13 | towards the prisoner's sentence | ||||||
14 | (2.05) Notwithstanding clause (viii) of paragraph (2) | ||||||
15 | of this subsection (a), if a person is convicted for a | ||||||
16 | violation under Section 24-1.8, paragraphs (2), (3), (4), | ||||||
17 | (5) or (6) of subsection (e) of Section 24-1.1, or a Class | ||||||
18 | 2 or greater felony under Section 24-1.6 of the Criminal | ||||||
19 | Code of 2012, at the person's sentencing hearing, after | ||||||
20 | considering all of the evidence in aggravation and | ||||||
21 | mitigation, the court may enter an order for judicially | ||||||
22 | authorized sentence credit to the Department permitting | ||||||
23 | the issuance of sentence credit for each day that the | ||||||
24 | person is actually personally engaged full-time and is | ||||||
25 | attending one of the substance abuse programs, vocational | ||||||
26 | programs, correctional industry assignments, educational |
| |||||||
| |||||||
1 | programs, high school equivalency test programs, behavior | ||||||
2 | modification programs, life skills courses, or other | ||||||
3 | re-entry planning provided by the Department. The | ||||||
4 | Department may issue sentence credit up to a maximum of 180 | ||||||
5 | days under the order, and this sentence credit is | ||||||
6 | contingent upon the person's successful completion of the | ||||||
7 | program under the standards provided by the Department. The | ||||||
8 | court may enter the order if the person establishes by a | ||||||
9 | preponderance of the evidence that the interest of justice | ||||||
10 | is served by permitting the person enrollment in | ||||||
11 | correctional programming. In making its determination the | ||||||
12 | court shall consider the following factors: | ||||||
13 | (A) the person was not the leader, manager, or | ||||||
14 | supervisor of others in the criminal conduct for which | ||||||
15 | the person was convicted; | ||||||
16 | (B) permitting sentence credit would serve the | ||||||
17 | goals of the person's rehabilitation and reentry into | ||||||
18 | society; and | ||||||
19 | (C) permitting sentence credit is in the interests | ||||||
20 | of public safety. | ||||||
21 | The sentencing judge shall specify on the record the | ||||||
22 | particular information, factors in aggravation or | ||||||
23 | mitigation, or other reasons that led to his or her | ||||||
24 | determination under this paragraph (2.05). | ||||||
25 | (2.1) For all offenses, other than those enumerated in | ||||||
26 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
| |||||||
| |||||||
1 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
2 | after June 23, 2005 (the effective date of Public Act | ||||||
3 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
4 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
5 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
6 | 2008 (the effective date of Public Act 95-625) or | ||||||
7 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
8 | (the effective date of Public Act 96-1224), and other than | ||||||
9 | the offense of aggravated driving under the influence of | ||||||
10 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
11 | compounds, or any combination thereof as defined in
| ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
13 | Section 11-501 of the
Illinois Vehicle Code, and other than | ||||||
14 | the offense of aggravated driving under the influence of | ||||||
15 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
19 | after January 1, 2011 (the effective date of Public Act | ||||||
20 | 96-1230),
the rules and regulations shall
provide that a | ||||||
21 | prisoner who is serving a term of
imprisonment shall | ||||||
22 | receive one day of sentence credit for each day of
his or | ||||||
23 | her sentence of imprisonment or recommitment under Section | ||||||
24 | 3-3-9.
Each day of sentence credit shall reduce by one day | ||||||
25 | the prisoner's period
of imprisonment or recommitment | ||||||
26 | under Section 3-3-9.
|
| |||||||
| |||||||
1 | (2.2) A prisoner serving a term of natural life | ||||||
2 | imprisonment or a
prisoner who has been sentenced to death | ||||||
3 | shall receive no sentence
credit.
| ||||||
4 | (2.3) The rules and regulations on sentence credit | ||||||
5 | shall provide that
a prisoner who is serving a sentence for | ||||||
6 | aggravated driving under the influence of alcohol,
other | ||||||
7 | drug or drugs, or intoxicating compound or compounds, or | ||||||
8 | any combination
thereof as defined in subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
10 | Illinois Vehicle Code, shall receive no more than 4.5
days | ||||||
11 | of sentence credit for each month of his or her sentence of
| ||||||
12 | imprisonment.
| ||||||
13 | (2.4) The rules and regulations on sentence credit | ||||||
14 | shall provide with
respect to the offenses of aggravated | ||||||
15 | battery with a machine gun or a firearm
equipped with any | ||||||
16 | device or attachment designed or used for silencing the
| ||||||
17 | report of a firearm or aggravated discharge of a machine | ||||||
18 | gun or a firearm
equipped with any device or attachment | ||||||
19 | designed or used for silencing the
report of a firearm, | ||||||
20 | committed on or after
July 15, 1999 (the effective date of | ||||||
21 | Public Act 91-121),
that a prisoner serving a sentence for | ||||||
22 | any of these offenses shall receive no
more than 4.5 days | ||||||
23 | of sentence credit for each month of his or her sentence
of | ||||||
24 | imprisonment.
| ||||||
25 | (2.5) The rules and regulations on sentence credit | ||||||
26 | shall provide that a
prisoner who is serving a sentence for |
| |||||||
| |||||||
1 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
2 | effective date of Public Act 92-176) shall receive no more | ||||||
3 | than
4.5 days of sentence credit for each month of his or | ||||||
4 | her sentence of
imprisonment.
| ||||||
5 | (2.6) The rules and regulations on sentence credit | ||||||
6 | shall provide that a
prisoner who is serving a sentence for | ||||||
7 | aggravated driving under the influence of alcohol,
other | ||||||
8 | drug or drugs, or intoxicating compound or compounds or any | ||||||
9 | combination
thereof as defined in subparagraph (C) of | ||||||
10 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
11 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
12 | (the effective date of Public Act 96-1230) shall receive no | ||||||
13 | more than 4.5
days of sentence credit for each month of his | ||||||
14 | or her sentence of
imprisonment. | ||||||
15 | (3) The rules and regulations shall also provide that
| ||||||
16 | the Director may award up to 180 days additional sentence
| ||||||
17 | credit for good conduct in specific instances as the
| ||||||
18 | Director deems proper. The good conduct may include, but is | ||||||
19 | not limited to, compliance with the rules and regulations | ||||||
20 | of the Department, service to the Department, service to a | ||||||
21 | community, or service to the State. However, the Director | ||||||
22 | shall not award more than 90 days
of sentence credit for | ||||||
23 | good conduct to any prisoner who is serving a sentence for
| ||||||
24 | conviction of first degree murder, reckless homicide while | ||||||
25 | under the
influence of alcohol or any other drug,
or | ||||||
26 | aggravated driving under the influence of alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
2 | any combination thereof as defined in
subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
4 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
5 | predatory criminal sexual assault of a child,
aggravated | ||||||
6 | criminal sexual assault, criminal sexual assault, deviate | ||||||
7 | sexual
assault, aggravated criminal sexual abuse, | ||||||
8 | aggravated indecent liberties
with a child, indecent | ||||||
9 | liberties with a child, child pornography, heinous
battery | ||||||
10 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
11 | Section 12-3.05, aggravated battery of a spouse, | ||||||
12 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
13 | aggravated stalking, aggravated battery of a child as | ||||||
14 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
15 | Section 12-3.05,
endangering the life or health of a child, | ||||||
16 | or cruelty to a child. Notwithstanding the foregoing, | ||||||
17 | sentence credit for
good conduct shall not be awarded on a
| ||||||
18 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
19 | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||||||
20 | or (iii) when the offense is committed on or after
June 19, | ||||||
21 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
22 | committed on or after June 23, 2005 (the effective date of | ||||||
23 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
24 | is committed on or after August 13, 2007 (the effective | ||||||
25 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
26 | the offense is committed on or after June 1, 2008 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-625) or subdivision | ||||||
2 | (a)(2)(vii) when the offense is committed on or after July | ||||||
3 | 23, 2010 (the effective date of Public Act 96-1224), (ii) | ||||||
4 | aggravated driving under the influence of alcohol, other | ||||||
5 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
6 | any combination thereof as defined in
subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
8 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
9 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
10 | after
July 15, 1999 (the effective date of Public Act | ||||||
11 | 91-121),
(iv) aggravated arson when the offense is | ||||||
12 | committed
on or after July 27, 2001 (the effective date of | ||||||
13 | Public Act 92-176), (v) offenses that may subject the | ||||||
14 | offender to commitment under the Sexually Violent Persons | ||||||
15 | Commitment Act, or (vi) aggravated driving under the | ||||||
16 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
17 | compound or compounds or any combination
thereof as defined | ||||||
18 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
19 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
20 | after January 1, 2011 (the effective date of Public Act | ||||||
21 | 96-1230).
| ||||||
22 | Eligible inmates for an award of sentence credit under
this | ||||||
23 | paragraph (3) may be selected to receive the credit at
the | ||||||
24 | Director's or his or her designee's sole discretion.
| ||||||
25 | Consideration may be based on, but not limited to, any
| ||||||
26 | available risk assessment analysis on the inmate, any history |
| |||||||
| |||||||
1 | of conviction for violent crimes as defined by the Rights of | ||||||
2 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
3 | inmate's holding offense or offenses, and the potential for | ||||||
4 | rehabilitation. | ||||||
5 | The Director shall not award sentence credit under this | ||||||
6 | paragraph (3) to an inmate unless the inmate has served a | ||||||
7 | minimum of 60 days of the sentence; except nothing in this | ||||||
8 | paragraph shall be construed to permit the Director to extend | ||||||
9 | an inmate's sentence beyond that which was imposed by the | ||||||
10 | court. Prior to awarding credit under this paragraph (3), the | ||||||
11 | Director shall make a written determination that the inmate: | ||||||
12 | (A) is eligible for the sentence credit; | ||||||
13 | (B) has served a minimum of 60 days, or as close to | ||||||
14 | 60 days as the sentence will allow; and | ||||||
15 | (C) has met the eligibility criteria established | ||||||
16 | by rule. | ||||||
17 | The Director shall determine the form and content of | ||||||
18 | the written determination required in this subsection. | ||||||
19 | (3.5) The Department shall provide annual written | ||||||
20 | reports to the Governor and the General Assembly on the | ||||||
21 | award of sentence credit for good conduct, with the first | ||||||
22 | report due January 1, 2014. The Department must publish | ||||||
23 | both reports on its website within 48 hours of transmitting | ||||||
24 | the reports to the Governor and the General Assembly. The | ||||||
25 | reports must include: | ||||||
26 | (A) the number of inmates awarded sentence credit |
| |||||||
| |||||||
1 | for good conduct; | ||||||
2 | (B) the average amount of sentence credit for good | ||||||
3 | conduct awarded; | ||||||
4 | (C) the holding offenses of inmates awarded | ||||||
5 | sentence credit for good conduct; and | ||||||
6 | (D) the number of sentence credit for good conduct | ||||||
7 | revocations. | ||||||
8 | (4) The rules and regulations shall also provide that | ||||||
9 | the sentence
credit accumulated and retained under | ||||||
10 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
11 | inmate during specific periods of time in which such
inmate | ||||||
12 | is engaged full-time in substance abuse programs, | ||||||
13 | correctional
industry assignments, educational programs, | ||||||
14 | behavior modification programs, life skills courses, or | ||||||
15 | re-entry planning provided by the Department
under this | ||||||
16 | paragraph (4) and satisfactorily completes the assigned | ||||||
17 | program as
determined by the standards of the Department, | ||||||
18 | shall be multiplied by a factor
of 1.25 for program | ||||||
19 | participation before August 11, 1993
and 1.50 for program | ||||||
20 | participation on or after that date.
The rules and | ||||||
21 | regulations shall also provide that sentence credit, | ||||||
22 | subject to the same offense limits and multiplier provided | ||||||
23 | in this paragraph, may be provided to an inmate who was | ||||||
24 | held in pre-trial detention prior to his or her current | ||||||
25 | commitment to the Department of Corrections and | ||||||
26 | successfully completed a full-time, 60-day or longer |
| |||||||
| |||||||
1 | substance abuse program, educational program, behavior | ||||||
2 | modification program, life skills course, or re-entry | ||||||
3 | planning provided by the county department of corrections | ||||||
4 | or county jail. Calculation of this county program credit | ||||||
5 | shall be done at sentencing as provided in Section | ||||||
6 | 5-4.5-100 of this Code and shall be included in the | ||||||
7 | sentencing order. However, no inmate shall be eligible for | ||||||
8 | the additional sentence credit
under this paragraph (4) or | ||||||
9 | (4.1) of this subsection (a) while assigned to a boot camp
| ||||||
10 | or electronic detention, or if convicted of an offense | ||||||
11 | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||||||
12 | Section that is committed on or after June 19,
1998 or | ||||||
13 | subdivision (a)(2)(iv) of this Section that is committed on | ||||||
14 | or after June 23, 2005 (the effective date of Public Act | ||||||
15 | 94-71) or subdivision (a)(2)(v) of this Section that is | ||||||
16 | committed on or after August 13, 2007 (the effective date | ||||||
17 | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||||||
18 | offense is committed on or after June 1, 2008 (the | ||||||
19 | effective date of Public Act 95-625) or subdivision | ||||||
20 | (a)(2)(vii) when the offense is committed on or after July | ||||||
21 | 23, 2010 (the effective date of Public Act 96-1224), or if | ||||||
22 | convicted 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, or if |
| |||||||
| |||||||
1 | convicted 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), or if convicted of an offense enumerated in | ||||||
8 | paragraph
(a)(2.4) of this Section that is committed on or | ||||||
9 | after
July 15, 1999 (the effective date of Public Act | ||||||
10 | 91-121),
or first degree murder, a Class X felony, criminal | ||||||
11 | sexual
assault, felony criminal sexual abuse, aggravated | ||||||
12 | criminal sexual abuse,
aggravated battery with a firearm as | ||||||
13 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
14 | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||||||
15 | successor offenses
with the same or substantially the same | ||||||
16 | elements, or any inchoate offenses
relating to the | ||||||
17 | foregoing offenses. No inmate shall be eligible for the
| ||||||
18 | additional good conduct credit under this paragraph (4) who | ||||||
19 | (i) has previously
received increased good conduct credit | ||||||
20 | under this paragraph (4) and has
subsequently been | ||||||
21 | convicted of a
felony, or (ii) has previously served more | ||||||
22 | than one prior sentence of
imprisonment for a felony in an | ||||||
23 | adult correctional facility.
| ||||||
24 | Educational, vocational, substance abuse, behavior | ||||||
25 | modification programs, life skills courses, re-entry | ||||||
26 | planning, and correctional
industry programs under which |
| |||||||
| |||||||
1 | sentence credit may be increased under
this paragraph (4) | ||||||
2 | and paragraph (4.1) of this subsection (a) shall be | ||||||
3 | evaluated by the Department on the basis of
documented | ||||||
4 | standards. The Department shall report the results of these
| ||||||
5 | evaluations to the Governor and the General Assembly by | ||||||
6 | September 30th of each
year. The reports shall include data | ||||||
7 | relating to the recidivism rate among
program | ||||||
8 | participants.
| ||||||
9 | Availability of these programs shall be subject to the
| ||||||
10 | limits of fiscal resources appropriated by the General | ||||||
11 | Assembly for these
purposes. Eligible inmates who are | ||||||
12 | denied immediate admission shall be
placed on a waiting | ||||||
13 | list under criteria established by the Department.
The | ||||||
14 | inability of any inmate to become engaged in any such | ||||||
15 | programs
by reason of insufficient program resources or for | ||||||
16 | any other reason
established under the rules and | ||||||
17 | regulations of the Department shall not be
deemed a cause | ||||||
18 | of action under which the Department or any employee or
| ||||||
19 | agent of the Department shall be liable for damages to the | ||||||
20 | inmate.
| ||||||
21 | (4.1) The rules and regulations shall also provide that | ||||||
22 | an additional 90 days of sentence credit shall be awarded | ||||||
23 | to any prisoner who passes high school equivalency testing | ||||||
24 | while the prisoner is committed to the Department of | ||||||
25 | Corrections. The sentence credit awarded under this | ||||||
26 | paragraph (4.1) shall be in addition to, and shall not |
| |||||||
| |||||||
1 | affect, the award of sentence credit under any other | ||||||
2 | paragraph of this Section, but shall also be pursuant to | ||||||
3 | the guidelines and restrictions set forth in paragraph (4) | ||||||
4 | of subsection (a) of this Section.
The sentence credit | ||||||
5 | provided for in this paragraph shall be available only to | ||||||
6 | those prisoners who have not previously earned a high | ||||||
7 | school diploma or a high school equivalency certificate. | ||||||
8 | If, after an award of the high school equivalency testing | ||||||
9 | sentence credit has been made, the Department determines | ||||||
10 | that the prisoner was not eligible, then the award shall be | ||||||
11 | revoked.
The Department may also award 90 days of sentence | ||||||
12 | credit to any committed person who passed high school | ||||||
13 | equivalency testing while he or she was held in pre-trial | ||||||
14 | detention prior to the current commitment to the Department | ||||||
15 | of Corrections. | ||||||
16 | (4.5) The rules and regulations on sentence credit | ||||||
17 | shall also provide that
when the court's sentencing order | ||||||
18 | recommends a prisoner for substance abuse treatment and the
| ||||||
19 | crime was committed on or after September 1, 2003 (the | ||||||
20 | effective date of
Public Act 93-354), the prisoner shall | ||||||
21 | receive no sentence credit awarded under clause (3) of this | ||||||
22 | subsection (a) unless he or she participates in and
| ||||||
23 | completes a substance abuse treatment program. The | ||||||
24 | Director may waive the requirement to participate in or | ||||||
25 | complete a substance abuse treatment program and award the | ||||||
26 | sentence credit in specific instances if the prisoner is |
| |||||||
| |||||||
1 | not a good candidate for a substance abuse treatment | ||||||
2 | program for medical, programming, or operational reasons. | ||||||
3 | Availability of
substance abuse treatment shall be subject | ||||||
4 | to the limits of fiscal resources
appropriated by the | ||||||
5 | General Assembly for these purposes. If treatment is not
| ||||||
6 | available and the requirement to participate and complete | ||||||
7 | the treatment has not been waived by the Director, the | ||||||
8 | prisoner shall be placed on a waiting list under criteria
| ||||||
9 | established by the Department. The Director may allow a | ||||||
10 | prisoner placed on
a waiting list to participate in and | ||||||
11 | complete a substance abuse education class or attend | ||||||
12 | substance
abuse self-help meetings in lieu of a substance | ||||||
13 | abuse treatment program. A prisoner on a waiting list who | ||||||
14 | is not placed in a substance abuse program prior to release | ||||||
15 | may be eligible for a waiver and receive sentence credit | ||||||
16 | under clause (3) of this subsection (a) at the discretion | ||||||
17 | of the Director.
| ||||||
18 | (4.6) The rules and regulations on sentence credit | ||||||
19 | shall also provide that a prisoner who has been convicted | ||||||
20 | of a sex offense as defined in Section 2 of the Sex | ||||||
21 | Offender Registration Act shall receive no sentence credit | ||||||
22 | unless he or she either has successfully completed or is | ||||||
23 | participating in sex offender treatment as defined by the | ||||||
24 | Sex Offender Management Board. However, prisoners who are | ||||||
25 | waiting to receive treatment, but who are unable to do so | ||||||
26 | due solely to the lack of resources on the part of the |
| |||||||
| |||||||
1 | Department, may, at the Director's sole discretion, be | ||||||
2 | awarded sentence credit at a rate as the Director shall | ||||||
3 | determine. | ||||||
4 | (5) Whenever the Department is to release any inmate | ||||||
5 | earlier than it
otherwise would because of a grant of | ||||||
6 | sentence credit for good conduct under paragraph (3) of | ||||||
7 | subsection (a) of this Section given at any time during the | ||||||
8 | term, the Department shall give
reasonable notice of the | ||||||
9 | impending release not less than 14 days prior to the date | ||||||
10 | of the release to the State's
Attorney of the county where | ||||||
11 | the prosecution of the inmate took place, and if | ||||||
12 | applicable, the State's Attorney of the county into which | ||||||
13 | the inmate will be released. The Department must also make | ||||||
14 | identification information and a recent photo of the inmate | ||||||
15 | being released accessible on the Internet by means of a | ||||||
16 | hyperlink labeled "Community Notification of Inmate Early | ||||||
17 | Release" on the Department's World Wide Web homepage.
The | ||||||
18 | identification information shall include the inmate's: | ||||||
19 | name, any known alias, date of birth, physical | ||||||
20 | characteristics, commitment offense and county where | ||||||
21 | conviction was imposed. The identification information | ||||||
22 | shall be placed on the website within 3 days of the | ||||||
23 | inmate's release and the information may not be removed | ||||||
24 | until either: completion of the first year of mandatory | ||||||
25 | supervised release or return of the inmate to custody of | ||||||
26 | the Department.
|
| |||||||
| |||||||
1 | (b) Whenever a person is or has been committed under
| ||||||
2 | several convictions, with separate sentences, the sentences
| ||||||
3 | shall be construed under Section 5-8-4 in granting and
| ||||||
4 | forfeiting of sentence credit.
| ||||||
5 | (c) The Department shall prescribe rules and regulations
| ||||||
6 | for revoking sentence credit, including revoking sentence | ||||||
7 | credit awarded for good conduct under paragraph (3) of | ||||||
8 | subsection (a) of this Section. The Department shall prescribe | ||||||
9 | rules and regulations for suspending or reducing
the rate of | ||||||
10 | accumulation of sentence credit for specific
rule violations, | ||||||
11 | during imprisonment. These rules and regulations
shall provide | ||||||
12 | that no inmate may be penalized more than one
year of sentence | ||||||
13 | credit for any one infraction.
| ||||||
14 | When the Department seeks to revoke, suspend or reduce
the | ||||||
15 | rate of accumulation of any sentence credits for
an alleged | ||||||
16 | infraction of its rules, it shall bring charges
therefor | ||||||
17 | against the prisoner sought to be so deprived of
sentence | ||||||
18 | credits before the Prisoner Review Board as
provided in | ||||||
19 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
20 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
21 | month period, the cumulative amount of
credit revoked exceeds | ||||||
22 | 30 days except where the infraction is committed
or discovered | ||||||
23 | within 60 days of scheduled release. In those cases,
the | ||||||
24 | Department of Corrections may revoke up to 30 days of sentence | ||||||
25 | credit.
The Board may subsequently approve the revocation of | ||||||
26 | additional sentence credit, if the Department seeks to revoke |
| |||||||
| |||||||
1 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
2 | not be empowered to review the
Department's decision with | ||||||
3 | respect to the loss of 30 days of sentence
credit within any | ||||||
4 | calendar year for any prisoner or to increase any penalty
| ||||||
5 | beyond the length requested by the Department.
| ||||||
6 | The Director of the Department of Corrections, in | ||||||
7 | appropriate cases, may
restore up to 30 days of sentence | ||||||
8 | credits which have been revoked, suspended
or reduced. Any | ||||||
9 | restoration of sentence credits in excess of 30 days shall
be | ||||||
10 | subject to review by the Prisoner Review Board. However, the | ||||||
11 | Board may not
restore sentence credit in excess of the amount | ||||||
12 | requested by the Director.
| ||||||
13 | Nothing contained in this Section shall prohibit the | ||||||
14 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
15 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
16 | sentence imposed by the court that was not served due to the
| ||||||
17 | accumulation of sentence credit.
| ||||||
18 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
19 | federal court
against the State, the Department of Corrections, | ||||||
20 | or the Prisoner Review Board,
or against any of
their officers | ||||||
21 | or employees, and the court makes a specific finding that a
| ||||||
22 | pleading, motion, or other paper filed by the prisoner is | ||||||
23 | frivolous, the
Department of Corrections shall conduct a | ||||||
24 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
25 | charges against the prisoner
sought to be deprived of the | ||||||
26 | sentence credits before the Prisoner Review
Board as provided |
| |||||||
| |||||||
1 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
2 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
3 | time of the finding, then the Prisoner Review Board may revoke | ||||||
4 | all
sentence credit accumulated by the prisoner.
| ||||||
5 | For purposes of this subsection (d):
| ||||||
6 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
7 | filing which
purports to be a legal document filed by a | ||||||
8 | prisoner in his or her lawsuit meets
any or all of the | ||||||
9 | following criteria:
| ||||||
10 | (A) it lacks an arguable basis either in law or in | ||||||
11 | fact;
| ||||||
12 | (B) it is being presented for any improper purpose, | ||||||
13 | such as to harass or
to cause unnecessary delay or | ||||||
14 | needless increase in the cost of litigation;
| ||||||
15 | (C) the claims, defenses, and other legal | ||||||
16 | contentions therein are not
warranted by existing law | ||||||
17 | or by a nonfrivolous argument for the extension,
| ||||||
18 | modification, or reversal of existing law or the | ||||||
19 | establishment of new law;
| ||||||
20 | (D) the allegations and other factual contentions | ||||||
21 | do not have
evidentiary
support or, if specifically so | ||||||
22 | identified, are not likely to have evidentiary
support | ||||||
23 | after a reasonable opportunity for further | ||||||
24 | investigation or discovery;
or
| ||||||
25 | (E) the denials of factual contentions are not | ||||||
26 | warranted on the
evidence, or if specifically so |
| |||||||
| |||||||
1 | identified, are not reasonably based on a lack
of | ||||||
2 | information or belief.
| ||||||
3 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
4 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
5 | action under
Article X of the Code of Civil Procedure or | ||||||
6 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
7 | under the Court of Claims Act, an action under the
federal | ||||||
8 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
9 | subsequent petition for post-conviction relief under | ||||||
10 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
11 | whether filed with or without leave of court or a second or | ||||||
12 | subsequent petition for relief from judgment under Section | ||||||
13 | 2-1401 of the Code of Civil Procedure.
| ||||||
14 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
15 | validity of Public Act 89-404.
| ||||||
16 | (f) Whenever the Department is to release any inmate who | ||||||
17 | has been convicted of a violation of an order of protection | ||||||
18 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
20 | because of a grant of sentence credit, the Department, as a | ||||||
21 | condition of release, shall require that the person, upon | ||||||
22 | release, be placed under electronic surveillance as provided in | ||||||
23 | Section 5-8A-7 of this Code. | ||||||
24 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
25 | eff. 1-1-16; revised 10-19-15.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
2 | Sec. 5-5-3. Disposition.
| ||||||
3 | (a) (Blank).
| ||||||
4 | (b) (Blank).
| ||||||
5 | (c) (1) (Blank).
| ||||||
6 | (2) A period of probation, a term of periodic imprisonment | ||||||
7 | or
conditional discharge shall not be imposed for the following | ||||||
8 | offenses.
The court shall sentence the offender to not less | ||||||
9 | than the minimum term
of imprisonment set forth in this Code | ||||||
10 | for the following offenses, and
may order a fine or restitution | ||||||
11 | or both in conjunction with such term of
imprisonment:
| ||||||
12 | (A) First degree murder where the death penalty is not | ||||||
13 | 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
Illinois | ||||||
17 | Controlled Substances Act, or a violation of subdivision | ||||||
18 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
19 | to more than 5 grams of a substance
containing cocaine, | ||||||
20 | fentanyl, or an analog thereof.
| ||||||
21 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
22 | of the Illinois Controlled Substances Act which relates to | ||||||
23 | 3 or more grams of a substance
containing heroin or an | ||||||
24 | analog thereof. | ||||||
25 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
26 | Control
Act.
|
| |||||||
| |||||||
1 | (F) A Class 2 or greater felony if the offender had | ||||||
2 | been convicted
of a Class 2 or greater felony, including | ||||||
3 | any state or federal conviction for an offense that | ||||||
4 | contained, at the time it was committed, the same elements | ||||||
5 | as an offense now (the date of the offense committed after | ||||||
6 | the prior Class 2 or greater felony) classified as a Class | ||||||
7 | 2 or greater felony, within 10 years of the date on which | ||||||
8 | the
offender
committed the offense for which he or she is | ||||||
9 | being sentenced, except as
otherwise provided in Section | ||||||
10 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
11 | Act.
| ||||||
12 | (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, or | ||||||
13 | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 for which imprisonment is prescribed | ||||||
15 | in those Sections. | ||||||
16 | (G) Residential burglary, except as otherwise provided | ||||||
17 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
18 | Dependency Act.
| ||||||
19 | (H) Criminal sexual assault.
| ||||||
20 | (I) Aggravated battery of a senior citizen as described | ||||||
21 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
23 | (J) A forcible felony if the offense was related to the | ||||||
24 | activities of an
organized gang.
| ||||||
25 | Before July 1, 1994, for the purposes of this | ||||||
26 | paragraph, "organized
gang" means an association of 5 or |
| |||||||
| |||||||
1 | more persons, with an established hierarchy,
that | ||||||
2 | encourages members of the association to perpetrate crimes | ||||||
3 | or provides
support to the members of the association who | ||||||
4 | do commit crimes.
| ||||||
5 | Beginning July 1, 1994, for the purposes of this | ||||||
6 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
7 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
8 | Prevention Act.
| ||||||
9 | (K) Vehicular hijacking.
| ||||||
10 | (L) A second or subsequent conviction for the offense | ||||||
11 | of hate crime
when the underlying offense upon which the | ||||||
12 | hate crime is based is felony
aggravated
assault or felony | ||||||
13 | mob action.
| ||||||
14 | (M) A second or subsequent conviction for the offense | ||||||
15 | of institutional
vandalism if the damage to the property | ||||||
16 | exceeds $300.
| ||||||
17 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
18 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
19 | Identification Card Act.
| ||||||
20 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
23 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012.
| ||||||
25 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
26 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| |||||||
| |||||||
1 | Code of
1961 or the Criminal Code of 2012.
| ||||||
2 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
3 | of
1961 or the Criminal Code of 2012.
| ||||||
4 | (S) (Blank).
| ||||||
5 | (T) A second or subsequent violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act.
| ||||||
7 | (U) A second or subsequent violation of Section 6-303 | ||||||
8 | of the Illinois Vehicle Code committed while his or her | ||||||
9 | driver's license, permit, or privilege was revoked because | ||||||
10 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of | ||||||
13 | another state.
| ||||||
14 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
16 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
17 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
18 | Code of 2012 when the victim is under 13 years of age and | ||||||
19 | the defendant has previously been convicted under the laws | ||||||
20 | of this State or any other state of the offense of child | ||||||
21 | pornography, aggravated child pornography, aggravated | ||||||
22 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
23 | predatory criminal sexual assault of a child, or any of the | ||||||
24 | offenses formerly known as rape, deviate sexual assault, | ||||||
25 | indecent liberties with a child, or aggravated indecent | ||||||
26 | liberties with a child where the victim was under the age |
| |||||||
| |||||||
1 | of 18 years or an offense that is substantially equivalent | ||||||
2 | to those offenses. | ||||||
3 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012.
| ||||||
5 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
7 | (Y) A conviction for unlawful possession of a firearm | ||||||
8 | by a street gang member when the firearm was loaded or | ||||||
9 | contained firearm ammunition. | ||||||
10 | (Z) A Class 1 felony committed while he or she was | ||||||
11 | serving a term of probation or conditional discharge for a | ||||||
12 | felony. | ||||||
13 | (AA) Theft of property exceeding $500,000 and not | ||||||
14 | exceeding $1,000,000 in value. | ||||||
15 | (BB) Laundering of criminally derived property of a | ||||||
16 | value exceeding
$500,000. | ||||||
17 | (CC) Knowingly selling, offering for sale, holding for | ||||||
18 | sale, or using 2,000 or more counterfeit items or | ||||||
19 | counterfeit items having a retail value in the aggregate of | ||||||
20 | $500,000 or more. | ||||||
21 | (DD) A conviction for aggravated assault under | ||||||
22 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
24 | firearm is aimed toward the person against whom the firearm | ||||||
25 | is being used. | ||||||
26 | (3) (Blank).
|
| |||||||
| |||||||
1 | (4) A minimum term of imprisonment of not less than 10
| ||||||
2 | consecutive days or 30 days of community service shall be | ||||||
3 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
4 | the Illinois Vehicle Code.
| ||||||
5 | (4.1) (Blank).
| ||||||
6 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
7 | this subsection (c), a
minimum of
100 hours of community | ||||||
8 | service shall be imposed for a second violation of
Section | ||||||
9 | 6-303
of the Illinois Vehicle Code.
| ||||||
10 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
11 | hours of community
service, as determined by the court, shall
| ||||||
12 | be imposed for a second violation of subsection (c) of Section | ||||||
13 | 6-303 of the
Illinois Vehicle Code.
| ||||||
14 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
15 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
16 | 30 days or 300 hours of community service, as
determined by the | ||||||
17 | court, shall
be imposed
for a third or subsequent violation of | ||||||
18 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
19 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
20 | imposed for a third violation of subsection (c) of
Section | ||||||
21 | 6-303 of the Illinois Vehicle Code.
| ||||||
22 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
23 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
24 | shall be imposed for a
fourth or subsequent violation of | ||||||
25 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
26 | (4.7) A minimum term of imprisonment of not less than 30 |
| |||||||
| |||||||
1 | consecutive days, or 300 hours of community service, shall be | ||||||
2 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
3 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
4 | that Section.
| ||||||
5 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
6 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
7 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
8 | Section. The person's driving privileges shall be revoked for a | ||||||
9 | period of not less than 5 years from the date of his or her | ||||||
10 | release from prison.
| ||||||
11 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
12 | not more than 15 years shall be imposed for a third violation | ||||||
13 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
14 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
15 | person's driving privileges shall be revoked for the remainder | ||||||
16 | of his or her life.
| ||||||
17 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
18 | shall be imposed, and the person shall be eligible for an | ||||||
19 | extended term sentence, for a fourth or subsequent violation of | ||||||
20 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
21 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
22 | driving privileges shall be revoked for the remainder of his or | ||||||
23 | her life.
| ||||||
24 | (5) The court may sentence a corporation or unincorporated
| ||||||
25 | association convicted of any offense to:
| ||||||
26 | (A) a period of conditional discharge;
|
| |||||||
| |||||||
1 | (B) a fine;
| ||||||
2 | (C) make restitution to the victim under Section 5-5-6 | ||||||
3 | of this Code.
| ||||||
4 | (5.1) In addition to any other penalties imposed, and | ||||||
5 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
6 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
7 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
8 | permit, or privileges
suspended for at least 90 days but not | ||||||
9 | more than one year, if the violation
resulted in damage to the | ||||||
10 | property of another person.
| ||||||
11 | (5.2) In addition to any other penalties imposed, and | ||||||
12 | except as provided in paragraph (5.3), a person convicted
of | ||||||
13 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
14 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
15 | privileges suspended for at
least 180 days but not more than 2 | ||||||
16 | years, if the violation resulted in injury
to
another person.
| ||||||
17 | (5.3) In addition to any other penalties imposed, a person | ||||||
18 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
19 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
20 | permit, or privileges suspended for 2 years, if the violation | ||||||
21 | resulted in the
death of another person.
| ||||||
22 | (5.4) In addition to any other penalties imposed, a person | ||||||
23 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
24 | Code shall have his or her driver's license, permit, or | ||||||
25 | privileges suspended for 3 months and until he or she has paid | ||||||
26 | a reinstatement fee of $100. |
| |||||||
| |||||||
1 | (5.5) In addition to any other penalties imposed, a person | ||||||
2 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
3 | Code during a period in which his or her driver's license, | ||||||
4 | permit, or privileges were suspended for a previous violation | ||||||
5 | of that Section shall have his or her driver's license, permit, | ||||||
6 | or privileges suspended for an additional 6 months after the | ||||||
7 | expiration of the original 3-month suspension and until he or | ||||||
8 | she has paid a reinstatement fee of $100.
| ||||||
9 | (6) (Blank).
| ||||||
10 | (7) (Blank).
| ||||||
11 | (8) (Blank).
| ||||||
12 | (9) A defendant convicted of a second or subsequent offense | ||||||
13 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
14 | natural life imprisonment.
| ||||||
15 | (10) (Blank).
| ||||||
16 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
17 | first offense
and $2,000 for a second or subsequent offense | ||||||
18 | upon a person convicted of or
placed on supervision for battery | ||||||
19 | when the individual harmed was a sports
official or coach at | ||||||
20 | any level of competition and the act causing harm to the
sports
| ||||||
21 | official or coach occurred within an athletic facility or | ||||||
22 | within the immediate vicinity
of the athletic facility at which | ||||||
23 | the sports official or coach was an active
participant
of the | ||||||
24 | athletic contest held at the athletic facility. For the | ||||||
25 | purposes of
this paragraph (11), "sports official" means a | ||||||
26 | person at an athletic contest
who enforces the rules of the |
| |||||||
| |||||||
1 | contest, such as an umpire or referee; "athletic facility" | ||||||
2 | means an indoor or outdoor playing field or recreational area | ||||||
3 | where sports activities are conducted;
and "coach" means a | ||||||
4 | person recognized as a coach by the sanctioning
authority that | ||||||
5 | conducted the sporting event. | ||||||
6 | (12) A person may not receive a disposition of court | ||||||
7 | supervision for a
violation of Section 5-16 of the Boat | ||||||
8 | Registration and Safety Act if that
person has previously | ||||||
9 | received a disposition of court supervision for a
violation of | ||||||
10 | that Section.
| ||||||
11 | (13) A person convicted of or placed on court supervision | ||||||
12 | for an assault or aggravated assault when the victim and the | ||||||
13 | offender are family or household members as defined in Section | ||||||
14 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
15 | of domestic battery or aggravated domestic battery may be | ||||||
16 | required to attend a Partner Abuse Intervention Program under | ||||||
17 | protocols set forth by the Illinois Department of Human | ||||||
18 | Services under such terms and conditions imposed by the court. | ||||||
19 | The costs of such classes shall be paid by the offender.
| ||||||
20 | (d) In any case in which a sentence originally imposed is | ||||||
21 | vacated,
the case shall be remanded to the trial court. The | ||||||
22 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
23 | Unified Code of Corrections
which may include evidence of the | ||||||
24 | defendant's life, moral character and
occupation during the | ||||||
25 | time since the original sentence was passed. The
trial court | ||||||
26 | shall then impose sentence upon the defendant. The trial
court |
| |||||||
| |||||||
1 | may impose any sentence which could have been imposed at the
| ||||||
2 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
3 | Corrections.
If a sentence is vacated on appeal or on | ||||||
4 | collateral attack due to the
failure of the trier of fact at | ||||||
5 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
6 | fact (other than a prior conviction) necessary to increase the
| ||||||
7 | punishment for the offense beyond the statutory maximum | ||||||
8 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
9 | to a term within the range otherwise
provided or, if the State | ||||||
10 | files notice of its intention to again seek the
extended | ||||||
11 | sentence, the defendant shall be afforded a new trial.
| ||||||
12 | (e) In cases where prosecution for
aggravated criminal | ||||||
13 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
15 | of a defendant
who was a family member of the victim at the | ||||||
16 | time of the commission of the
offense, the court shall consider | ||||||
17 | the safety and welfare of the victim and
may impose a sentence | ||||||
18 | of probation only where:
| ||||||
19 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
20 | (A) the defendant is willing to undergo a court | ||||||
21 | approved counseling
program for a minimum duration of 2 | ||||||
22 | years; or
| ||||||
23 | (B) the defendant is willing to participate in a | ||||||
24 | court approved plan
including but not limited to the | ||||||
25 | defendant's:
| ||||||
26 | (i) removal from the household;
|
| |||||||
| |||||||
1 | (ii) restricted contact with the victim;
| ||||||
2 | (iii) continued financial support of the | ||||||
3 | family;
| ||||||
4 | (iv) restitution for harm done to the victim; | ||||||
5 | and
| ||||||
6 | (v) compliance with any other measures that | ||||||
7 | the court may
deem appropriate; and
| ||||||
8 | (2) the court orders the defendant to pay for the | ||||||
9 | victim's counseling
services, to the extent that the court | ||||||
10 | finds, after considering the
defendant's income and | ||||||
11 | assets, that the defendant is financially capable of
paying | ||||||
12 | for such services, if the victim was under 18 years of age | ||||||
13 | at the
time the offense was committed and requires | ||||||
14 | counseling as a result of the
offense.
| ||||||
15 | Probation may be revoked or modified pursuant to Section | ||||||
16 | 5-6-4; except
where the court determines at the hearing that | ||||||
17 | the defendant violated a
condition of his or her probation | ||||||
18 | restricting contact with the victim or
other family members or | ||||||
19 | commits another offense with the victim or other
family | ||||||
20 | members, the court shall revoke the defendant's probation and
| ||||||
21 | impose a term of imprisonment.
| ||||||
22 | For the purposes of this Section, "family member" and | ||||||
23 | "victim" shall have
the meanings ascribed to them in Section | ||||||
24 | 11-0.1 of the Criminal Code of
2012.
| ||||||
25 | (f) (Blank).
| ||||||
26 | (g) Whenever a defendant is convicted of an offense under |
| |||||||
| |||||||
1 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
2 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
3 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
4 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
5 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
7 | testing to
determine whether the defendant has any sexually | ||||||
8 | transmissible disease,
including a test for infection with | ||||||
9 | human immunodeficiency virus (HIV) or
any other identified | ||||||
10 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
11 | Any such medical test shall be performed only by appropriately
| ||||||
12 | licensed medical practitioners and may include an analysis of | ||||||
13 | any bodily
fluids as well as an examination of the defendant's | ||||||
14 | person.
Except as otherwise provided by law, the results of | ||||||
15 | such test shall be kept
strictly confidential by all medical | ||||||
16 | personnel involved in the testing and must
be personally | ||||||
17 | delivered in a sealed envelope to the judge of the court in | ||||||
18 | which
the conviction was entered for the judge's inspection in | ||||||
19 | camera. Acting in
accordance with the best interests of the | ||||||
20 | victim and the public, the judge
shall have the discretion to | ||||||
21 | determine to whom, if anyone, the results of the
testing may be | ||||||
22 | revealed. The court shall notify the defendant
of the test | ||||||
23 | results. The court shall
also notify the victim if requested by | ||||||
24 | the victim, and if the victim is under
the age of 15 and if | ||||||
25 | requested by the victim's parents or legal guardian, the
court | ||||||
26 | shall notify the victim's parents or legal guardian of the test
|
| |||||||
| |||||||
1 | results.
The court shall provide information on the | ||||||
2 | availability of HIV testing
and counseling at Department of | ||||||
3 | Public Health facilities to all parties to
whom the results of | ||||||
4 | the testing are revealed and shall direct the State's
Attorney | ||||||
5 | to provide the information to the victim when possible.
A | ||||||
6 | State's Attorney may petition the court to obtain the results | ||||||
7 | of any HIV test
administered under this Section, and the court | ||||||
8 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
9 | relevant in order to prosecute a charge of
criminal | ||||||
10 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
12 | defendant. The court shall order that the cost of any such test
| ||||||
13 | shall be paid by the county and may be taxed as costs against | ||||||
14 | the convicted
defendant.
| ||||||
15 | (g-5) When an inmate is tested for an airborne communicable | ||||||
16 | disease, as
determined by the Illinois Department of Public | ||||||
17 | Health including but not
limited to tuberculosis, the results | ||||||
18 | of the test shall be
personally delivered by the warden or his | ||||||
19 | or her designee in a sealed envelope
to the judge of the court | ||||||
20 | in which the inmate must appear for the judge's
inspection in | ||||||
21 | camera if requested by the judge. Acting in accordance with the
| ||||||
22 | best interests of those in the courtroom, the judge shall have | ||||||
23 | the discretion
to determine what if any precautions need to be | ||||||
24 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
25 | (h) Whenever a defendant is convicted of an offense under | ||||||
26 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| |||||||
| |||||||
1 | defendant shall undergo
medical testing to determine whether | ||||||
2 | the defendant has been exposed to human
immunodeficiency virus | ||||||
3 | (HIV) or any other identified causative agent of
acquired | ||||||
4 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
5 | by
law, the results of such test shall be kept strictly | ||||||
6 | confidential by all
medical personnel involved in the testing | ||||||
7 | and must be personally delivered in a
sealed envelope to the | ||||||
8 | judge of the court in which the conviction was entered
for the | ||||||
9 | judge's inspection in camera. Acting in accordance with the | ||||||
10 | best
interests of the public, the judge shall have the | ||||||
11 | discretion to determine to
whom, if anyone, the results of the | ||||||
12 | testing may be revealed. The court shall
notify the defendant | ||||||
13 | of a positive test showing an infection with the human
| ||||||
14 | immunodeficiency virus (HIV). The court shall provide | ||||||
15 | information on the
availability of HIV testing and counseling | ||||||
16 | at Department of Public Health
facilities to all parties to | ||||||
17 | whom the results of the testing are revealed and
shall direct | ||||||
18 | the State's Attorney to provide the information to the victim | ||||||
19 | when
possible. A State's Attorney may petition the court to | ||||||
20 | obtain the results of
any HIV test administered under this | ||||||
21 | Section, and the court shall grant the
disclosure if the | ||||||
22 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
23 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
24 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
25 | 2012 against the defendant. The court shall order that the cost | ||||||
26 | of any
such test shall be paid by the county and may be taxed as |
| |||||||
| |||||||
1 | costs against the
convicted defendant.
| ||||||
2 | (i) All fines and penalties imposed under this Section for | ||||||
3 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
4 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
5 | any violation
of the Child Passenger Protection Act, or a | ||||||
6 | similar provision of a local
ordinance, shall be collected and | ||||||
7 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
8 | of the Clerks of Courts Act.
| ||||||
9 | (j) In cases when prosecution for any violation of Section | ||||||
10 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
11 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
12 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
13 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
14 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012, any violation of the Illinois Controlled | ||||||
16 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
17 | any violation of the Methamphetamine Control and Community | ||||||
18 | Protection Act results in conviction, a
disposition of court | ||||||
19 | supervision, or an order of probation granted under
Section 10 | ||||||
20 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
21 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
22 | Control and Community Protection Act of a defendant, the court | ||||||
23 | shall determine whether the
defendant is employed by a facility | ||||||
24 | or center as defined under the Child Care
Act of 1969, a public | ||||||
25 | or private elementary or secondary school, or otherwise
works | ||||||
26 | with children under 18 years of age on a daily basis. When a |
| |||||||
| |||||||
1 | defendant
is so employed, the court shall order the Clerk of | ||||||
2 | the Court to send a copy of
the judgment of conviction or order | ||||||
3 | of supervision or probation to the
defendant's employer by | ||||||
4 | certified mail.
If the employer of the defendant is a school, | ||||||
5 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
6 | the judgment of conviction or order of
supervision or probation | ||||||
7 | to the appropriate regional superintendent of schools.
The | ||||||
8 | regional superintendent of schools shall notify the State Board | ||||||
9 | of
Education of any notification under this subsection.
| ||||||
10 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
11 | of a felony and
who has not been previously convicted of a | ||||||
12 | misdemeanor or felony and who is
sentenced to a term of | ||||||
13 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
14 | a condition of his or her sentence be required by the court to | ||||||
15 | attend
educational courses designed to prepare the defendant | ||||||
16 | for a high school diploma
and to work toward a high school | ||||||
17 | diploma or to work toward passing high school equivalency | ||||||
18 | testing or to work toward
completing a vocational training | ||||||
19 | program offered by the Department of
Corrections. If a | ||||||
20 | defendant fails to complete the educational training
required | ||||||
21 | by his or her sentence during the term of incarceration, the | ||||||
22 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
23 | supervised release, require the
defendant, at his or her own | ||||||
24 | expense, to pursue a course of study toward a high
school | ||||||
25 | diploma or passage of high school equivalency testing. The | ||||||
26 | Prisoner Review Board shall
revoke the mandatory supervised |
| |||||||
| |||||||
1 | release of a defendant who wilfully fails to
comply with this | ||||||
2 | subsection (j-5) upon his or her release from confinement in a
| ||||||
3 | penal institution while serving a mandatory supervised release | ||||||
4 | term; however,
the inability of the defendant after making a | ||||||
5 | good faith effort to obtain
financial aid or pay for the | ||||||
6 | educational training shall not be deemed a wilful
failure to | ||||||
7 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
8 | whose mandatory supervised release term has been revoked under | ||||||
9 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
10 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
11 | school diploma or has successfully passed high school | ||||||
12 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
13 | defendant who is determined by
the court to be a person with a | ||||||
14 | developmental disability or otherwise mentally incapable of
| ||||||
15 | completing the educational or vocational program.
| ||||||
16 | (k) (Blank).
| ||||||
17 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
18 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
19 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
20 | misdemeanor offense, the court after sentencing the defendant
| ||||||
21 | may, upon motion of the State's Attorney, hold sentence in | ||||||
22 | abeyance and remand
the defendant to the custody of the | ||||||
23 | Attorney General of
the United States or his or her designated | ||||||
24 | agent to be deported when:
| ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant
pursuant to proceedings under the |
| |||||||
| |||||||
1 | Immigration and Nationality Act, and
| ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness
of the defendant's conduct and | ||||||
4 | would not be inconsistent with the ends of
justice.
| ||||||
5 | Otherwise, the defendant shall be sentenced as provided in | ||||||
6 | this Chapter V.
| ||||||
7 | (B) If the defendant has already been sentenced for a | ||||||
8 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
9 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
10 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
11 | Methamphetamine Control and Community Protection Act, the | ||||||
12 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
13 | sentence imposed, commit the defendant to the custody of the | ||||||
14 | Attorney General
of the United States or his or her designated | ||||||
15 | agent when:
| ||||||
16 | (1) a final order of deportation has been issued | ||||||
17 | against the defendant
pursuant to proceedings under the | ||||||
18 | Immigration and Nationality Act, and
| ||||||
19 | (2) the deportation of the defendant would not | ||||||
20 | deprecate the seriousness
of the defendant's conduct and | ||||||
21 | would not be inconsistent with the ends of
justice.
| ||||||
22 | (C) This subsection (l) does not apply to offenders who are | ||||||
23 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
24 | Section 3-6-3.
| ||||||
25 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
26 | sentenced under
this Section returns to the jurisdiction of the |
| |||||||
| |||||||
1 | United States, the defendant
shall be recommitted to the | ||||||
2 | custody of the county from which he or she was
sentenced.
| ||||||
3 | Thereafter, the defendant shall be brought before the | ||||||
4 | sentencing court, which
may impose any sentence that was | ||||||
5 | available under Section 5-5-3 at the time of
initial | ||||||
6 | sentencing. In addition, the defendant shall not be eligible | ||||||
7 | for
additional sentence credit for good conduct as provided | ||||||
8 | under
Section 3-6-3.
| ||||||
9 | (m) A person convicted of criminal defacement of property | ||||||
10 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, in which the property damage exceeds | ||||||
12 | $300
and the property damaged is a school building, shall be | ||||||
13 | ordered to perform
community service that may include cleanup, | ||||||
14 | removal, or painting over the
defacement.
| ||||||
15 | (n) The court may sentence a person convicted of a | ||||||
16 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
17 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
19 | incarceration program if the person is otherwise eligible for | ||||||
20 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
21 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
22 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
23 | substance or alcohol abuse program licensed under that
Act. | ||||||
24 | (o) Whenever a person is convicted of a sex offense as | ||||||
25 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
26 | defendant's driver's license or permit shall be subject to |
| |||||||
| |||||||
1 | renewal on an annual basis in accordance with the provisions of | ||||||
2 | license renewal established by the Secretary of State.
| ||||||
3 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
4 | 99-143, eff. 7-27-15.)
| ||||||
5 | (730 ILCS 5/5-9-1.10)
| ||||||
6 | Sec. 5-9-1.10. Additional fines. There shall be added to | ||||||
7 | every penalty
imposed in sentencing for a violation of Sections | ||||||
8 | 24-1.1, 24-1.1-5, 24-1.2, or
24-1.5 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 an additional fine of $100 | ||||||
10 | payable to the
clerk, which shall be imposed upon the entry of | ||||||
11 | a judgment of conviction.
This additional fee, less 2 1/2% that | ||||||
12 | shall be
used to defray administrative costs incurred by the | ||||||
13 | clerk, shall be remitted by
the clerk to the Treasurer within | ||||||
14 | 60 days after receipt for deposit into the
Trauma Center Fund. | ||||||
15 | This additional fee of $100 shall not be
considered a part of | ||||||
16 | the
fine for purposes of any reduction in the fine for time | ||||||
17 | served either before or
after sentencing.
Not later than March | ||||||
18 | 1 of each year the circuit clerk
shall submit a report of the | ||||||
19 | amount of funds remitted to the State
Treasurer under this | ||||||
20 | Section during the preceding calendar year.
All moneys
| ||||||
21 | collected by the circuit clerk and remitted to the State | ||||||
22 | Treasurer under
Section 27.6 of the Clerks of Courts Act shall | ||||||
23 | be deposited into
the Trauma
Center Fund for distribution as | ||||||
24 | provided under Section 3.225 of the Emergency
Medical Services | ||||||
25 | (EMS) Systems Act.
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | (Source: P.A. 97-1150, eff. 1-25-13.)
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