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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 Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||
5 | Dependency Act is amended by changing Section 40-5 as follows: | ||||||||||||||||||||||||
6 | (20 ILCS 301/40-5) | ||||||||||||||||||||||||
7 | Sec. 40-5. Election of treatment. An addict or alcoholic | ||||||||||||||||||||||||
8 | who is charged
with or convicted of a crime or any other person | ||||||||||||||||||||||||
9 | charged with or convicted of a misdemeanor violation of the Use | ||||||||||||||||||||||||
10 | of Intoxicating Compounds Act and who has not been previously | ||||||||||||||||||||||||
11 | convicted of a violation of that Act may elect treatment under | ||||||||||||||||||||||||
12 | the supervision of a
licensed program designated by the | ||||||||||||||||||||||||
13 | Department, referred to in this Article
as "designated | ||||||||||||||||||||||||
14 | program", unless: | ||||||||||||||||||||||||
15 | (1) the crime is a crime of violence; | ||||||||||||||||||||||||
16 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||||||||||||||||||||
17 | 401(c) where the
person electing treatment has been | ||||||||||||||||||||||||
18 | previously convicted of a non-probationable
felony or the | ||||||||||||||||||||||||
19 | violation is non-probationable, 401(d) where the violation | ||||||||||||||||||||||||
20 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||||||||||||||||||||
21 | Illinois Controlled
Substances
Act, or Section 12-7.3 of | ||||||||||||||||||||||||
22 | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | ||||||||||||||||||||||||
23 | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis |
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1 | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | ||||||
2 | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | ||||||
3 | and Community Protection Act or is otherwise ineligible for | ||||||
4 | probation under Section 70 of the Methamphetamine Control | ||||||
5 | and Community Protection Act; | ||||||
6 | (3) the person has a record of 2 or more convictions of | ||||||
7 | a crime of
violence; | ||||||
8 | (4) other criminal proceedings alleging commission of | ||||||
9 | a felony , other than a felony directed against property, | ||||||
10 | are pending
against the person; | ||||||
11 | (5) the person is on probation or parole and the | ||||||
12 | appropriate parole or
probation authority does not consent | ||||||
13 | to that election; | ||||||
14 | (6) the person elected and was admitted to a designated | ||||||
15 | program on 2 prior
occasions within any consecutive 2-year | ||||||
16 | period; | ||||||
17 | (7) the person has been convicted of residential | ||||||
18 | burglary and has a record
of one or more felony | ||||||
19 | convictions; | ||||||
20 | (8) the crime is a violation of Section 11-501 of the | ||||||
21 | Illinois Vehicle
Code or a similar provision of a local | ||||||
22 | ordinance; or | ||||||
23 | (9) the crime is a reckless homicide or a reckless | ||||||
24 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
25 | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012, in
which the cause of death consists of the driving |
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1 | of a motor vehicle by a person
under the influence of | ||||||
2 | alcohol or any other drug or drugs at the time of the
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3 | violation. | ||||||
4 | Nothing in this Section shall preclude an individual who is | ||||||
5 | charged with or convicted of a crime that is a violation of | ||||||
6 | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | ||||||
7 | Community Protection Act, and who is otherwise eligible to make | ||||||
8 | the election provided for under this Section, from being | ||||||
9 | eligible to make an election for treatment as a condition of | ||||||
10 | probation as provided for under this Article. | ||||||
11 | (Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; | ||||||
12 | 99-78, eff. 7-20-15.) | ||||||
13 | Section 10. The Criminal Identification Act is amended by | ||||||
14 | changing Section 5.2 as follows:
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15 | (20 ILCS 2630/5.2)
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16 | Sec. 5.2. Expungement and sealing. | ||||||
17 | (a) General Provisions. | ||||||
18 | (1) Definitions. In this Act, words and phrases have
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19 | the meanings set forth in this subsection, except when a
| ||||||
20 | particular context clearly requires a different meaning. | ||||||
21 | (A) The following terms shall have the meanings | ||||||
22 | ascribed to them in the Unified Code of Corrections, | ||||||
23 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
24 | (i) Business Offense (730 ILCS 5/5-1-2), |
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1 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
2 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
3 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
4 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
5 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
6 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
7 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
8 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
9 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
10 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
11 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
12 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
13 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
14 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
15 | (B) As used in this Section, "charge not initiated | ||||||
16 | by arrest" means a charge (as defined by 730 ILCS | ||||||
17 | 5/5-1-3) brought against a defendant where the | ||||||
18 | defendant is not arrested prior to or as a direct | ||||||
19 | result of the charge. | ||||||
20 | (C) "Conviction" means a judgment of conviction or | ||||||
21 | sentence entered upon a plea of guilty or upon a | ||||||
22 | verdict or finding of guilty of an offense, rendered by | ||||||
23 | a legally constituted jury or by a court of competent | ||||||
24 | jurisdiction authorized to try the case without a jury. | ||||||
25 | An order of supervision successfully completed by the | ||||||
26 | petitioner is not a conviction. An order of qualified |
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1 | probation (as defined in subsection (a)(1)(J)) | ||||||
2 | successfully completed by the petitioner is not a | ||||||
3 | conviction. An order of supervision or an order of | ||||||
4 | qualified probation that is terminated | ||||||
5 | unsatisfactorily is a conviction, unless the | ||||||
6 | unsatisfactory termination is reversed, vacated, or | ||||||
7 | modified and the judgment of conviction, if any, is | ||||||
8 | reversed or vacated. | ||||||
9 | (D) "Criminal offense" means a petty offense, | ||||||
10 | business offense, misdemeanor, felony, or municipal | ||||||
11 | ordinance violation (as defined in subsection | ||||||
12 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
13 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
14 | be considered a criminal offense. | ||||||
15 | (E) "Expunge" means to physically destroy the | ||||||
16 | records or return them to the petitioner and to | ||||||
17 | obliterate the petitioner's name from any official | ||||||
18 | index or public record, or both. Nothing in this Act | ||||||
19 | shall require the physical destruction of the circuit | ||||||
20 | court file, but such records relating to arrests or | ||||||
21 | charges, or both, ordered expunged shall be impounded | ||||||
22 | as required by subsections (d)(9)(A)(ii) and | ||||||
23 | (d)(9)(B)(ii). | ||||||
24 | (F) As used in this Section, "last sentence" means | ||||||
25 | the sentence, order of supervision, or order of | ||||||
26 | qualified probation (as defined by subsection |
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| |||||||
1 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
2 | subsection (a)(1)(D)) that terminates last in time in | ||||||
3 | any jurisdiction, regardless of whether the petitioner | ||||||
4 | has included the criminal offense for which the | ||||||
5 | sentence or order of supervision or qualified | ||||||
6 | probation was imposed in his or her petition. If | ||||||
7 | multiple sentences, orders of supervision, or orders | ||||||
8 | of qualified probation terminate on the same day and | ||||||
9 | are last in time, they shall be collectively considered | ||||||
10 | the "last sentence" regardless of whether they were | ||||||
11 | ordered to run concurrently. | ||||||
12 | (G) "Minor traffic offense" means a petty offense, | ||||||
13 | business offense, or Class C misdemeanor under the | ||||||
14 | Illinois Vehicle Code or a similar provision of a | ||||||
15 | municipal or local ordinance. | ||||||
16 | (H) "Municipal ordinance violation" means an | ||||||
17 | offense defined by a municipal or local ordinance that | ||||||
18 | is criminal in nature and with which the petitioner was | ||||||
19 | charged or for which the petitioner was arrested and | ||||||
20 | released without charging. | ||||||
21 | (I) "Petitioner" means an adult or a minor | ||||||
22 | prosecuted as an
adult who has applied for relief under | ||||||
23 | this Section. | ||||||
24 | (J) "Qualified probation" means an order of | ||||||
25 | probation under Section 10 of the Cannabis Control Act, | ||||||
26 | Section 410 of the Illinois Controlled Substances Act, |
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1 | Section 70 of the Methamphetamine Control and | ||||||
2 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
3 | of the Unified Code of Corrections, Section | ||||||
4 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
5 | those provisions existed before their deletion by | ||||||
6 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
7 | Alcoholism and Other Drug Dependency Act, Section | ||||||
8 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act, or Section 10 of the Steroid Control | ||||||
10 | Act. For the purpose of this Section, "successful | ||||||
11 | completion" of an order of qualified probation under | ||||||
12 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
13 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
14 | and Other Drug Abuse and Dependency Act means that the | ||||||
15 | probation was terminated satisfactorily and the | ||||||
16 | judgment of conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit court | ||||||
24 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
25 | any index issued by the circuit court clerk before the | ||||||
26 | entry of the order to seal shall not be affected. |
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1 | (L) "Sexual offense committed against a minor" | ||||||
2 | includes but is
not limited to the offenses of indecent | ||||||
3 | solicitation of a child
or criminal sexual abuse when | ||||||
4 | the victim of such offense is
under 18 years of age. | ||||||
5 | (M) "Terminate" as it relates to a sentence or | ||||||
6 | order of supervision or qualified probation includes | ||||||
7 | either satisfactory or unsatisfactory termination of | ||||||
8 | the sentence, unless otherwise specified in this | ||||||
9 | Section. | ||||||
10 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
11 | convictions for minor traffic offenses shall not affect a | ||||||
12 | petitioner's eligibility to expunge or seal records | ||||||
13 | pursuant to this Section. | ||||||
14 | (3) Exclusions. Except as otherwise provided in | ||||||
15 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
16 | of this Section, the court shall not order: | ||||||
17 | (A) the sealing or expungement of the records of | ||||||
18 | arrests or charges not initiated by arrest that result | ||||||
19 | in an order of supervision for or conviction of:
(i) | ||||||
20 | any sexual offense committed against a
minor; (ii) | ||||||
21 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance; or (iii) | ||||||
23 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance, unless the | ||||||
25 | arrest or charge is for a misdemeanor violation of | ||||||
26 | subsection (a) of Section 11-503 or a similar provision |
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1 | of a local ordinance, that occurred prior to the | ||||||
2 | offender reaching the age of 25 years and the offender | ||||||
3 | has no other conviction for violating Section 11-501 or | ||||||
4 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local ordinance. | ||||||
6 | (B) (blank). the sealing or expungement of records | ||||||
7 | of minor traffic offenses (as defined in subsection | ||||||
8 | (a)(1)(G)), unless the petitioner was arrested and | ||||||
9 | released without charging. | ||||||
10 | (C) the sealing of the records of arrests or | ||||||
11 | charges not initiated by arrest which result in an | ||||||
12 | order of supervision or a conviction for the following | ||||||
13 | offenses: | ||||||
14 | (i) offenses included in Article 11 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | or a similar provision of a local ordinance, except | ||||||
17 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, or a similar provision of a | ||||||
19 | local ordinance; | ||||||
20 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
21 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, or a similar provision of a | ||||||
23 | local ordinance; | ||||||
24 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | or Section 125 of the Stalking No Contact Order |
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1 | Act, or Section 219 of the Civil No Contact Order | ||||||
2 | Act, or a similar provision of a local ordinance; | ||||||
3 | (iv) offenses which are Class A misdemeanors | ||||||
4 | under the Humane Care for Animals Act; or | ||||||
5 | (v) any offense or attempted offense that | ||||||
6 | would subject a person to registration under the | ||||||
7 | Sex Offender Registration Act. | ||||||
8 | (D) the sealing of the records of an arrest which | ||||||
9 | results in
the petitioner being charged with a felony | ||||||
10 | offense or records of a charge not initiated by arrest | ||||||
11 | for a felony offense unless: | ||||||
12 | (i) the charge is amended to a misdemeanor and | ||||||
13 | is otherwise
eligible to be sealed pursuant to | ||||||
14 | subsection (c); | ||||||
15 | (ii) the charge is brought along with another | ||||||
16 | charge as a part of one case and the charge results | ||||||
17 | in acquittal, dismissal, or conviction when the | ||||||
18 | conviction was reversed or vacated, and another | ||||||
19 | charge brought in the same case results in a | ||||||
20 | disposition for a misdemeanor offense that is | ||||||
21 | eligible to be sealed pursuant to subsection (c) or | ||||||
22 | a disposition listed in paragraph (i), (iii), or | ||||||
23 | (iv) of this subsection; | ||||||
24 | (iii) the charge results in first offender | ||||||
25 | probation as set forth in subsection (c)(2)(E); | ||||||
26 | (iv) the charge is for a felony offense listed |
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1 | in subsection (c)(2)(F) or the charge is amended to | ||||||
2 | a felony offense listed in subsection (c)(2)(F); | ||||||
3 | (v) the charge results in acquittal, | ||||||
4 | dismissal, or the petitioner's release without | ||||||
5 | conviction; or | ||||||
6 | (vi) the charge results in a conviction, but | ||||||
7 | the conviction was reversed or vacated. | ||||||
8 | (b) Expungement. | ||||||
9 | (1) A petitioner may petition the circuit court to | ||||||
10 | expunge the
records of petitioner's his or her arrests , and | ||||||
11 | charges not initiated by arrest , and convictions when: | ||||||
12 | (A) Each arrest or charge initiated by arrest | ||||||
13 | resulted in a conviction for misdemeanor offenses or | ||||||
14 | first offender probation, not otherwise excluded for | ||||||
15 | expungement in subsection (a)(2) He or she has never | ||||||
16 | been convicted of a criminal offense ; and | ||||||
17 | (B) Each arrest or charge not initiated by arrest
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18 | sought to be expunged resulted in:
(i) acquittal, | ||||||
19 | dismissal, or the petitioner's release without | ||||||
20 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
21 | (ii) a conviction which was vacated or reversed, unless | ||||||
22 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
23 | supervision and such supervision was successfully | ||||||
24 | completed by the petitioner, unless excluded by | ||||||
25 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
26 | qualified probation (as defined in subsection |
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| |||||||
1 | (a)(1)(J)) and such probation was successfully | ||||||
2 | completed by the petitioner. | ||||||
3 | (2) Time frame for filing a petition to expunge. | ||||||
4 | (A) When the arrest or charge not initiated by | ||||||
5 | arrest sought to be expunged resulted in an acquittal, | ||||||
6 | dismissal, the petitioner's release without charging, | ||||||
7 | or the reversal or vacation of a conviction, there is | ||||||
8 | no waiting period to petition for the expungement of | ||||||
9 | such records. | ||||||
10 | (B) When the arrest or charge not initiated by | ||||||
11 | arrest
sought to be expunged resulted in an order of | ||||||
12 | supervision, successfully
completed by the petitioner, | ||||||
13 | the following time frames will apply: | ||||||
14 | (i) Those arrests or charges that resulted in | ||||||
15 | orders of
supervision under Section 3-707, 3-708, | ||||||
16 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local ordinance, or under | ||||||
18 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
20 | similar provision of a local ordinance, shall not | ||||||
21 | be eligible for expungement until 5 years have | ||||||
22 | passed following the satisfactory termination of | ||||||
23 | the supervision. | ||||||
24 | (i-5) Those arrests or charges that resulted | ||||||
25 | in orders of supervision for a misdemeanor | ||||||
26 | violation of subsection (a) of Section 11-503 of |
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1 | the Illinois Vehicle Code or a similar provision of | ||||||
2 | a local ordinance, that occurred prior to the | ||||||
3 | offender reaching the age of 25 years and the | ||||||
4 | offender has no other conviction for violating | ||||||
5 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
6 | Code or a similar provision of a local ordinance | ||||||
7 | shall not be eligible for expungement until the | ||||||
8 | satisfactory termination of the supervision | ||||||
9 | petitioner has reached the age of 25 years . | ||||||
10 | (ii) Those arrests or charges that resulted in | ||||||
11 | orders
of supervision for any other offenses shall | ||||||
12 | not be
eligible for expungement until 2 years have | ||||||
13 | passed
following the satisfactory termination of | ||||||
14 | the supervision. | ||||||
15 | (C) When the arrest or charge not initiated by | ||||||
16 | arrest sought to
be expunged resulted in an order of | ||||||
17 | qualified probation, successfully
completed by the | ||||||
18 | petitioner, such records shall not be eligible for
| ||||||
19 | expungement until 5 years have passed following the | ||||||
20 | satisfactory
termination of the probation. | ||||||
21 | (3) Those records maintained by the Department for
| ||||||
22 | persons arrested prior to their 17th birthday shall be
| ||||||
23 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
24 | Act of 1987. | ||||||
25 | (4) Whenever a person has been arrested for or | ||||||
26 | convicted of any
offense, in the name of a person whose |
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| |||||||
1 | identity he or she has stolen or otherwise
come into | ||||||
2 | possession of, the aggrieved person from whom the identity
| ||||||
3 | was stolen or otherwise obtained without authorization,
| ||||||
4 | upon learning of the person having been arrested using his
| ||||||
5 | or her identity, may, upon verified petition to the chief | ||||||
6 | judge of
the circuit wherein the arrest was made, have a | ||||||
7 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
8 | correct the
arrest record, conviction record, if any, and | ||||||
9 | all official
records of the arresting authority, the | ||||||
10 | Department, other
criminal justice agencies, the | ||||||
11 | prosecutor, and the trial
court concerning such arrest, if | ||||||
12 | any, by removing his or her name
from all such records in | ||||||
13 | connection with the arrest and
conviction, if any, and by | ||||||
14 | inserting in the records the
name of the offender, if known | ||||||
15 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
16 | records of the circuit court clerk shall be sealed until | ||||||
17 | further order of
the court upon good cause shown and the | ||||||
18 | name of the
aggrieved person obliterated on the official | ||||||
19 | index
required to be kept by the circuit court clerk under
| ||||||
20 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
21 | not affect any index issued by the circuit court clerk
| ||||||
22 | before the entry of the order. Nothing in this Section
| ||||||
23 | shall limit the Department of State Police or other
| ||||||
24 | criminal justice agencies or prosecutors from listing
| ||||||
25 | under an offender's name the false names he or she has
| ||||||
26 | used. |
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| |||||||
1 | (5) Whenever a person has been convicted of criminal
| ||||||
2 | sexual assault, aggravated criminal sexual assault,
| ||||||
3 | predatory criminal sexual assault of a child, criminal
| ||||||
4 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
5 | victim of that offense may request that the State's
| ||||||
6 | Attorney of the county in which the conviction occurred
| ||||||
7 | file a verified petition with the presiding trial judge at
| ||||||
8 | the petitioner's trial to have a court order entered to | ||||||
9 | seal
the records of the circuit court clerk in connection
| ||||||
10 | with the proceedings of the trial court concerning that
| ||||||
11 | offense. However, the records of the arresting authority
| ||||||
12 | and the Department of State Police concerning the offense
| ||||||
13 | shall not be sealed. The court, upon good cause shown,
| ||||||
14 | shall make the records of the circuit court clerk in
| ||||||
15 | connection with the proceedings of the trial court
| ||||||
16 | concerning the offense available for public inspection. | ||||||
17 | (6) If a conviction has been set aside on direct review
| ||||||
18 | or on collateral attack and the court determines by clear
| ||||||
19 | and convincing evidence that the petitioner was factually
| ||||||
20 | innocent of the charge, the court that finds the petitioner | ||||||
21 | factually innocent of the charge shall enter an
expungement | ||||||
22 | order for the conviction for which the petitioner has been | ||||||
23 | determined to be innocent as provided in subsection (b) of | ||||||
24 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
25 | (7) Nothing in this Section shall prevent the | ||||||
26 | Department of
State Police from maintaining all records of |
| |||||||
| |||||||
1 | any person who
is admitted to probation upon terms and | ||||||
2 | conditions and who
fulfills those terms and conditions | ||||||
3 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
4 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
5 | of the
Methamphetamine Control and Community Protection | ||||||
6 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
7 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
8 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
10 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
11 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
12 | Section 10 of the Steroid Control Act. | ||||||
13 | (8) If the petitioner has been granted a certificate of | ||||||
14 | innocence under Section 2-702 of the Code of Civil | ||||||
15 | Procedure, the court that grants the certificate of | ||||||
16 | innocence shall also enter an order expunging the | ||||||
17 | conviction for which the petitioner has been determined to | ||||||
18 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
19 | of the Code of Civil Procedure. | ||||||
20 | (c) Sealing. | ||||||
21 | (1) Applicability. Notwithstanding any other provision | ||||||
22 | of this Act to the contrary, and cumulative with any rights | ||||||
23 | to expungement of criminal records, this subsection | ||||||
24 | authorizes the sealing of criminal records of adults and of | ||||||
25 | minors prosecuted as adults. | ||||||
26 | (1.5) Mandatory Records. The following records must be |
| |||||||
| |||||||
1 | ordered sealed by the court upon completion of the legal | ||||||
2 | proceedings, completion of supervision, and completion of | ||||||
3 | any incarceration: | ||||||
4 | (A) All arrests resulting in release without | ||||||
5 | charging; and | ||||||
6 | (B) Arrests or charges not initiated by arrest | ||||||
7 | resulting in acquittal, dismissal, or conviction when | ||||||
8 | the conviction was reversed or vacated, except as | ||||||
9 | excluded by subsection (a)(3)(B); | ||||||
10 | (2) Eligible Records. The following records may be | ||||||
11 | sealed: | ||||||
12 | (A) (Blank); All arrests resulting in release | ||||||
13 | without charging; | ||||||
14 | (B) (Blank); Arrests or charges not initiated by | ||||||
15 | arrest resulting in acquittal, dismissal, or | ||||||
16 | conviction when the conviction was reversed or | ||||||
17 | vacated, except as excluded by subsection (a)(3)(B); | ||||||
18 | (C) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of supervision, including orders | ||||||
20 | of supervision for municipal ordinance violations, | ||||||
21 | successfully completed by the petitioner, unless | ||||||
22 | excluded by subsection (a)(3); | ||||||
23 | (D) Arrests or charges not initiated by arrest | ||||||
24 | resulting in convictions, including convictions on | ||||||
25 | municipal ordinance violations, unless excluded by | ||||||
26 | subsection (a)(3); |
| |||||||
| |||||||
1 | (E) Arrests or charges not initiated by arrest | ||||||
2 | resulting in orders of first offender probation under | ||||||
3 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
4 | the Illinois Controlled Substances Act, Section 70 of | ||||||
5 | the Methamphetamine Control and Community Protection | ||||||
6 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
7 | Corrections; and | ||||||
8 | (F) Arrests or charges not initiated by arrest | ||||||
9 | resulting in felony convictions for the following | ||||||
10 | offenses: | ||||||
11 | (i) Class 4 felony convictions for: | ||||||
12 | Prostitution under Section 11-14 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012. | ||||||
15 | Possession of cannabis under Section 4 of | ||||||
16 | the Cannabis Control Act. | ||||||
17 | Possession of a controlled substance under | ||||||
18 | Section 402 of the Illinois Controlled | ||||||
19 | Substances Act. | ||||||
20 | Offenses under the Methamphetamine | ||||||
21 | Precursor Control Act. | ||||||
22 | Offenses under the Steroid Control Act. | ||||||
23 | Theft under Section 16-1 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012. | ||||||
25 | Retail theft under Section 16A-3 or | ||||||
26 | paragraph (a) of 16-25 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or the Criminal Code of 2012. | ||||||
2 | Deceptive practices under Section 17-1 of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012. | ||||||
5 | Forgery under Section 17-3 of the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012. | ||||||
7 | Possession of burglary tools under Section | ||||||
8 | 19-2 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012. | ||||||
10 | (ii) Class 3 felony convictions for: | ||||||
11 | Theft under Section 16-1 of the Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012. | ||||||
13 | Retail theft under Section 16A-3 or | ||||||
14 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012. | ||||||
16 | Deceptive practices under Section 17-1 of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012. | ||||||
19 | Forgery under Section 17-3 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012. | ||||||
21 | Possession with intent to manufacture or | ||||||
22 | deliver a controlled substance under Section | ||||||
23 | 401 of the Illinois Controlled Substances Act. | ||||||
24 | (iii) Class 4, Class 3, Class 2, and Class 1 | ||||||
25 | felonies under Sections 5 and 8 of the Cannabis | ||||||
26 | Control Act, unlawful use of weapons under Section |
| |||||||
| |||||||
1 | 24-1 of the Criminal Code of 2012, unlawful | ||||||
2 | possession of firearms and firearm ammunition | ||||||
3 | under Section 24-3 of the Criminal Code of 2012, | ||||||
4 | possession of drug paraphernalia under Section 3.5 | ||||||
5 | of the Drug Paraphernalia Control Act. | ||||||
6 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
7 | identified as eligible under subsection (c)(1.5) or (c)(2) | ||||||
8 | may be sealed as follows: | ||||||
9 | (A) Records identified as eligible under | ||||||
10 | subsection (c)(1.5) must (c)(2)(A) and (c)(2)(B) may | ||||||
11 | be sealed upon completion of the legal proceedings, | ||||||
12 | completion of supervision and completion of any | ||||||
13 | incarceration at any time . | ||||||
14 | (B) Except as otherwise provided in subparagraph | ||||||
15 | (E) of this paragraph (3), records identified as | ||||||
16 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
17 | years after the termination of petitioner's last | ||||||
18 | sentence (as defined in subsection (a)(1)(F)). | ||||||
19 | (C) Except as otherwise provided in subparagraph | ||||||
20 | (E) of this paragraph (3), records identified as | ||||||
21 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
22 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
23 | of the petitioner's last sentence (as defined in | ||||||
24 | subsection (a)(1)(F)). | ||||||
25 | (D) Records identified in subsection | ||||||
26 | (a)(3)(A)(iii) may be sealed after the petitioner has |
| |||||||
| |||||||
1 | reached the age of 25 years or 2 years, whichever | ||||||
2 | duration is less . | ||||||
3 | (E) Records identified as eligible under | ||||||
4 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
5 | (c)(2)(F) may be sealed upon termination of the | ||||||
6 | petitioner's last sentence if the petitioner earned a | ||||||
7 | high school diploma, associate's degree, career | ||||||
8 | certificate, vocational technical certification, or | ||||||
9 | bachelor's degree, or passed the high school level Test | ||||||
10 | of General Educational Development, during the period | ||||||
11 | of his or her sentence, aftercare release, or mandatory | ||||||
12 | supervised release. This subparagraph shall apply only | ||||||
13 | to a petitioner who has not completed the same | ||||||
14 | educational goal prior to the period of his or her | ||||||
15 | sentence, aftercare release, or mandatory supervised | ||||||
16 | release. If a petition for sealing eligible records | ||||||
17 | filed under this subparagraph is denied by the court, | ||||||
18 | the time periods under subparagraph (B) or (C) shall | ||||||
19 | apply to any subsequent petition for sealing filed by | ||||||
20 | the petitioner. | ||||||
21 | (4) Subsequent felony convictions. A person may not | ||||||
22 | have
subsequent felony conviction records sealed as | ||||||
23 | provided in this subsection
(c) if he or she is convicted | ||||||
24 | of any felony offense after the date of the
sealing of | ||||||
25 | prior felony convictions as provided in this subsection | ||||||
26 | (c). The court may, upon conviction for a subsequent felony |
| |||||||
| |||||||
1 | offense, order the unsealing of prior felony conviction | ||||||
2 | records previously ordered sealed by the court. Subsequent | ||||||
3 | felony conviction records set forth in subsection (c) shall | ||||||
4 | be sealed. | ||||||
5 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
6 | disposition for an eligible record under this subsection | ||||||
7 | (c), the petitioner shall be informed by the court of the | ||||||
8 | right to have the records sealed and the procedures for the | ||||||
9 | sealing of the records. | ||||||
10 | (d) Procedure. The following procedures apply to | ||||||
11 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
12 | under subsections (c) and (e-5): | ||||||
13 | (1) Filing the petition. Upon becoming eligible to | ||||||
14 | petition for
the expungement or sealing of records under | ||||||
15 | this Section, the petitioner shall file a petition | ||||||
16 | requesting the expungement
or sealing of records with the | ||||||
17 | clerk of the court where the arrests occurred or the | ||||||
18 | charges were brought, or both. If arrests occurred or | ||||||
19 | charges were brought in multiple jurisdictions, a petition | ||||||
20 | must be filed in each such jurisdiction. The petitioner | ||||||
21 | shall pay the applicable fee, if not waived. | ||||||
22 | (2) Contents of petition. The petition shall be
| ||||||
23 | verified and shall contain the petitioner's name, date of
| ||||||
24 | birth, current address and, for each arrest or charge not | ||||||
25 | initiated by
arrest sought to be sealed or expunged, the | ||||||
26 | case number, the date of
arrest (if any), the identity of |
| |||||||
| |||||||
1 | the arresting authority, and such
other information as the | ||||||
2 | court may require. During the pendency
of the proceeding, | ||||||
3 | the petitioner shall promptly notify the
circuit court | ||||||
4 | clerk of any change of his or her address. If the | ||||||
5 | petitioner has received a certificate of eligibility for | ||||||
6 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
7 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
8 | Corrections, the certificate shall be attached to the | ||||||
9 | petition. | ||||||
10 | (3) Drug test. The petitioner must attach to the | ||||||
11 | petition proof that the petitioner has passed a test taken | ||||||
12 | within 30 days before the filing of the petition showing | ||||||
13 | the absence within his or her body of all illegal | ||||||
14 | substances as defined by the Illinois Controlled | ||||||
15 | Substances Act, the Methamphetamine Control and Community | ||||||
16 | Protection Act, and the Cannabis Control Act if he or she | ||||||
17 | is petitioning to: | ||||||
18 | (A) seal felony records under clause (c)(2)(E); | ||||||
19 | (B) seal felony records for a violation of the | ||||||
20 | Illinois Controlled Substances Act, the | ||||||
21 | Methamphetamine Control and Community Protection Act, | ||||||
22 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
23 | (C) seal felony records under subsection (e-5); or | ||||||
24 | (D) expunge felony records of a qualified | ||||||
25 | probation under clause (b)(1)(B)(iv). | ||||||
26 | (4) Service of petition. The circuit court clerk shall |
| |||||||
| |||||||
1 | promptly
serve a copy of the petition and documentation to | ||||||
2 | support the petition under subsection (e-5) or (e-6) on the | ||||||
3 | State's Attorney or
prosecutor charged with the duty of | ||||||
4 | prosecuting the
offense, the Department of State Police, | ||||||
5 | the arresting
agency and the chief legal officer of the | ||||||
6 | unit of local
government effecting the arrest. | ||||||
7 | (5) Objections. | ||||||
8 | (A) Any party entitled to notice of the petition | ||||||
9 | may file an objection to the petition. All objections | ||||||
10 | shall be in writing, shall be filed with the circuit | ||||||
11 | court clerk, and shall state with specificity the basis | ||||||
12 | of the objection. Whenever a person who has been | ||||||
13 | convicted of an offense is granted
a pardon by the | ||||||
14 | Governor which specifically authorizes expungement, an | ||||||
15 | objection to the petition may not be filed. | ||||||
16 | (B) Objections to a petition to expunge or seal | ||||||
17 | must be filed within 60 days of the date of service of | ||||||
18 | the petition. | ||||||
19 | (6) Entry of order. | ||||||
20 | (A) The Chief Judge of the circuit wherein the | ||||||
21 | charge was brought, any judge of that circuit | ||||||
22 | designated by the Chief Judge, or in counties of less | ||||||
23 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
24 | at the petitioner's trial, if any, shall rule on the | ||||||
25 | petition to expunge or seal as set forth in this | ||||||
26 | subsection (d)(6). |
| |||||||
| |||||||
1 | (B) Unless the State's Attorney or prosecutor, the | ||||||
2 | Department of
State Police, the arresting agency, or | ||||||
3 | the chief legal officer
files an objection to the | ||||||
4 | petition to expunge or seal within 60 days from the | ||||||
5 | date of service of the petition, the court shall enter | ||||||
6 | an order granting or denying the petition. | ||||||
7 | (7) Hearings. If an objection is filed, the court shall | ||||||
8 | set a date for a hearing and notify the petitioner and all | ||||||
9 | parties entitled to notice of the petition of the hearing | ||||||
10 | date at least 30 days prior to the hearing. Prior to the | ||||||
11 | hearing, the State's Attorney shall consult with the | ||||||
12 | Department as to the appropriateness of the relief sought | ||||||
13 | in the petition to expunge or seal. At the hearing, the | ||||||
14 | court shall hear evidence on whether the petition should or | ||||||
15 | should not be granted, and shall grant or deny the petition | ||||||
16 | to expunge or seal the records based on the evidence | ||||||
17 | presented at the hearing. The court may consider the | ||||||
18 | following: | ||||||
19 | (A) the strength of the evidence supporting the | ||||||
20 | defendant's conviction; | ||||||
21 | (B) the reasons for retention of the conviction | ||||||
22 | records by the State; | ||||||
23 | (C) the petitioner's age, criminal record history, | ||||||
24 | and employment history; | ||||||
25 | (D) the period of time between the petitioner's | ||||||
26 | arrest on the charge resulting in the conviction and |
| |||||||
| |||||||
1 | the filing of the petition under this Section; and | ||||||
2 | (E) the specific adverse consequences the | ||||||
3 | petitioner may be subject to if the petition is denied. | ||||||
4 | (8) Service of order. After entering an order to | ||||||
5 | expunge or
seal records, the court must provide copies of | ||||||
6 | the order to the
Department, in a form and manner | ||||||
7 | prescribed by the Department,
to the petitioner, to the | ||||||
8 | State's Attorney or prosecutor
charged with the duty of | ||||||
9 | prosecuting the offense, to the
arresting agency, to the | ||||||
10 | chief legal officer of the unit of
local government | ||||||
11 | effecting the arrest, and to such other
criminal justice | ||||||
12 | agencies as may be ordered by the court. | ||||||
13 | (9) Implementation of order. | ||||||
14 | (A) Upon entry of an order to expunge records | ||||||
15 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
16 | (i) the records shall be expunged (as defined | ||||||
17 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
18 | the Department, and any other agency as ordered by | ||||||
19 | the court, within 60 days of the date of service of | ||||||
20 | the order, unless a motion to vacate, modify, or | ||||||
21 | reconsider the order is filed pursuant to | ||||||
22 | paragraph (12) of subsection (d) of this Section; | ||||||
23 | (ii) the records of the circuit court clerk | ||||||
24 | shall be impounded until further order of the court | ||||||
25 | upon good cause shown and the name of the | ||||||
26 | petitioner obliterated on the official index |
| |||||||
| |||||||
1 | required to be kept by the circuit court clerk | ||||||
2 | under Section 16 of the Clerks of Courts Act, but | ||||||
3 | the order shall not affect any index issued by the | ||||||
4 | circuit court clerk before the entry of the order; | ||||||
5 | and | ||||||
6 | (iii) in response to an inquiry for expunged | ||||||
7 | records, the court, the Department, or the agency | ||||||
8 | receiving such inquiry, shall reply as it does in | ||||||
9 | response to inquiries when no records ever | ||||||
10 | existed. | ||||||
11 | (B) Upon entry of an order to expunge records | ||||||
12 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
13 | (i) the records shall be expunged (as defined | ||||||
14 | in subsection (a)(1)(E)) by the arresting agency | ||||||
15 | and any other agency as ordered by the court, | ||||||
16 | within 60 days of the date of service of the order, | ||||||
17 | unless a motion to vacate, modify, or reconsider | ||||||
18 | the order is filed pursuant to paragraph (12) of | ||||||
19 | subsection (d) of this Section; | ||||||
20 | (ii) the records of the circuit court clerk | ||||||
21 | shall be impounded until further order of the court | ||||||
22 | upon good cause shown and the name of the | ||||||
23 | petitioner obliterated on the official index | ||||||
24 | required to be kept by the circuit court clerk | ||||||
25 | under Section 16 of the Clerks of Courts Act, but | ||||||
26 | the order shall not affect any index issued by the |
| |||||||
| |||||||
1 | circuit court clerk before the entry of the order; | ||||||
2 | (iii) the records shall be impounded by the
| ||||||
3 | Department within 60 days of the date of service of | ||||||
4 | the order as ordered by the court, unless a motion | ||||||
5 | to vacate, modify, or reconsider the order is filed | ||||||
6 | pursuant to paragraph (12) of subsection (d) of | ||||||
7 | this Section; | ||||||
8 | (iv) records impounded by the Department may | ||||||
9 | be disseminated by the Department only as required | ||||||
10 | by law or to the arresting authority, the State's | ||||||
11 | Attorney, and the court upon a later arrest for the | ||||||
12 | same or a similar offense or for the purpose of | ||||||
13 | sentencing for any subsequent felony, and to the | ||||||
14 | Department of Corrections upon conviction for any | ||||||
15 | offense; and | ||||||
16 | (v) in response to an inquiry for such records | ||||||
17 | from anyone not authorized by law to access such | ||||||
18 | records, the court, the Department, or the agency | ||||||
19 | receiving such inquiry shall reply as it does in | ||||||
20 | response to inquiries when no records ever | ||||||
21 | existed. | ||||||
22 | (B-5) Upon entry of an order to expunge records | ||||||
23 | under subsection (e-6): | ||||||
24 | (i) the records shall be expunged (as defined | ||||||
25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
26 | and any other agency as ordered by the court, |
| |||||||
| |||||||
1 | within 60 days of the date of service of the order, | ||||||
2 | unless a motion to vacate, modify, or reconsider | ||||||
3 | the order is filed under paragraph (12) of | ||||||
4 | subsection (d) of this Section; | ||||||
5 | (ii) the records of the circuit court clerk | ||||||
6 | shall be impounded until further order of the court | ||||||
7 | upon good cause shown and the name of the | ||||||
8 | petitioner obliterated on the official index | ||||||
9 | required to be kept by the circuit court clerk | ||||||
10 | under Section 16 of the Clerks of Courts Act, but | ||||||
11 | the order shall not affect any index issued by the | ||||||
12 | circuit court clerk before the entry of the order; | ||||||
13 | (iii) the records shall be impounded by the
| ||||||
14 | Department within 60 days of the date of service of | ||||||
15 | the order as ordered by the court, unless a motion | ||||||
16 | to vacate, modify, or reconsider the order is filed | ||||||
17 | under paragraph (12) of subsection (d) of this | ||||||
18 | Section; | ||||||
19 | (iv) records impounded by the Department may | ||||||
20 | be disseminated by the Department only as required | ||||||
21 | by law or to the arresting authority, the State's | ||||||
22 | Attorney, and the court upon a later arrest for the | ||||||
23 | same or a similar offense or for the purpose of | ||||||
24 | sentencing for any subsequent felony, and to the | ||||||
25 | Department of Corrections upon conviction for any | ||||||
26 | offense; and |
| |||||||
| |||||||
1 | (v) in response to an inquiry for these records | ||||||
2 | from anyone not authorized by law to access the | ||||||
3 | records, the court, the Department, or the agency | ||||||
4 | receiving the inquiry shall reply as it does in | ||||||
5 | response to inquiries when no records ever | ||||||
6 | existed. | ||||||
7 | (C) Upon entry of an order to seal records under | ||||||
8 | subsection
(c), the arresting agency, any other agency | ||||||
9 | as ordered by the court, the Department, and the court | ||||||
10 | shall seal the records (as defined in subsection | ||||||
11 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
12 | from anyone not authorized by law to access such | ||||||
13 | records, the court, the Department, or the agency | ||||||
14 | receiving such inquiry shall reply as it does in | ||||||
15 | response to inquiries when no records ever existed. | ||||||
16 | (D) The Department shall send written notice to the | ||||||
17 | petitioner of its compliance with each order to expunge | ||||||
18 | or seal records within 60 days of the date of service | ||||||
19 | of that order or, if a motion to vacate, modify, or | ||||||
20 | reconsider is filed, within 60 days of service of the | ||||||
21 | order resolving the motion, if that order requires the | ||||||
22 | Department to expunge or seal records. In the event of | ||||||
23 | an appeal from the circuit court order, the Department | ||||||
24 | shall send written notice to the petitioner of its | ||||||
25 | compliance with an Appellate Court or Supreme Court | ||||||
26 | judgment to expunge or seal records within 60 days of |
| |||||||
| |||||||
1 | the issuance of the court's mandate. The notice is not | ||||||
2 | required while any motion to vacate, modify, or | ||||||
3 | reconsider, or any appeal or petition for | ||||||
4 | discretionary appellate review, is pending. | ||||||
5 | (10) Fees. The Department may charge the petitioner a | ||||||
6 | fee equivalent to the cost of processing any order to | ||||||
7 | expunge or seal records. Notwithstanding any provision of | ||||||
8 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
9 | clerk may charge a fee equivalent to the cost associated | ||||||
10 | with the sealing or expungement of records by the circuit | ||||||
11 | court clerk. From the total filing fee collected for the | ||||||
12 | petition to seal or expunge, the circuit court clerk shall | ||||||
13 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
14 | Administrative Fund, to be used to offset the costs | ||||||
15 | incurred by the circuit court clerk in performing the | ||||||
16 | additional duties required to serve the petition to seal or | ||||||
17 | expunge on all parties. The circuit court clerk shall | ||||||
18 | collect and forward the Department of State Police portion | ||||||
19 | of the fee to the Department and it shall be deposited in | ||||||
20 | the State Police Services Fund. | ||||||
21 | (11) Final Order. No court order issued under the | ||||||
22 | expungement or sealing provisions of this Section shall | ||||||
23 | become final for purposes of appeal until 30 days after | ||||||
24 | service of the order on the petitioner and all parties | ||||||
25 | entitled to notice of the petition. | ||||||
26 | (12) Motion to Vacate, Modify, or Reconsider. Under |
| |||||||
| |||||||
1 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
2 | petitioner or any party entitled to notice may file a | ||||||
3 | motion to vacate, modify, or reconsider the order granting | ||||||
4 | or denying the petition to expunge or seal within 60 days | ||||||
5 | of service of the order. If filed more than 60 days after | ||||||
6 | service of the order, a petition to vacate, modify, or | ||||||
7 | reconsider shall comply with subsection (c) of Section | ||||||
8 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
9 | motion to vacate, modify, or reconsider, notice of the | ||||||
10 | motion shall be served upon the petitioner and all parties | ||||||
11 | entitled to notice of the petition. | ||||||
12 | (13) Effect of Order. An order granting a petition | ||||||
13 | under the expungement or sealing provisions of this Section | ||||||
14 | shall not be considered void because it fails to comply | ||||||
15 | with the provisions of this Section or because of any error | ||||||
16 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
17 | circuit court retains jurisdiction to determine whether | ||||||
18 | the order is voidable and to vacate, modify, or reconsider | ||||||
19 | its terms based on a motion filed under paragraph (12) of | ||||||
20 | this subsection (d). | ||||||
21 | (14) Compliance with Order Granting Petition to Seal | ||||||
22 | Records. Unless a court has entered a stay of an order | ||||||
23 | granting a petition to seal, all parties entitled to notice | ||||||
24 | of the petition must fully comply with the terms of the | ||||||
25 | order within 60 days of service of the order even if a | ||||||
26 | party is seeking relief from the order through a motion |
| |||||||
| |||||||
1 | filed under paragraph (12) of this subsection (d) or is | ||||||
2 | appealing the order. | ||||||
3 | (15) Compliance with Order Granting Petition to | ||||||
4 | Expunge Records. While a party is seeking relief from the | ||||||
5 | order granting the petition to expunge through a motion | ||||||
6 | filed under paragraph (12) of this subsection (d) or is | ||||||
7 | appealing the order, and unless a court has entered a stay | ||||||
8 | of that order, the parties entitled to notice of the | ||||||
9 | petition must seal, but need not expunge, the records until | ||||||
10 | there is a final order on the motion for relief or, in the | ||||||
11 | case of an appeal, the issuance of that court's mandate. | ||||||
12 | (16) The changes to this subsection (d) made by Public | ||||||
13 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
14 | (the effective date of Public Act 98-163) and to all orders | ||||||
15 | ruling on a petition to expunge or seal on or after August | ||||||
16 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
17 | (e) Whenever a person who has been convicted of an offense | ||||||
18 | is granted
a pardon by the Governor which specifically | ||||||
19 | authorizes expungement, he or she may,
upon verified petition | ||||||
20 | to the Chief Judge of the circuit where the person had
been | ||||||
21 | convicted, any judge of the circuit designated by the Chief | ||||||
22 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
23 | presiding trial judge at the
defendant's trial, have a court | ||||||
24 | order entered expunging the record of
arrest from the official | ||||||
25 | records of the arresting authority and order that the
records | ||||||
26 | of the circuit court clerk and the Department be sealed until
|
| |||||||
| |||||||
1 | further order of the court upon good cause shown or as | ||||||
2 | otherwise provided
herein, and the name of the defendant | ||||||
3 | obliterated from the official index
requested to be kept by the | ||||||
4 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
5 | Act in connection with the arrest and conviction for the | ||||||
6 | offense for
which he or she had been pardoned but the order | ||||||
7 | shall not affect any index issued by
the circuit court clerk | ||||||
8 | before the entry of the order. All records sealed by
the | ||||||
9 | Department may be disseminated by the Department only to the | ||||||
10 | arresting authority, the State's Attorney, and the court upon a | ||||||
11 | later
arrest for the same or similar offense or for the purpose | ||||||
12 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
13 | any subsequent offense, the Department
of Corrections shall | ||||||
14 | have access to all sealed records of the Department
pertaining | ||||||
15 | to that individual. Upon entry of the order of expungement, the
| ||||||
16 | circuit court clerk shall promptly mail a copy of the order to | ||||||
17 | the
person who was pardoned. | ||||||
18 | (e-5) Whenever a person who has been convicted of an | ||||||
19 | offense is granted a certificate of eligibility for sealing by | ||||||
20 | the Prisoner Review Board which specifically authorizes | ||||||
21 | sealing, he or she may, upon verified petition to the Chief | ||||||
22 | Judge of the circuit where the person had been convicted, any | ||||||
23 | judge of the circuit designated by the Chief Judge, or in | ||||||
24 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
25 | trial judge at the petitioner's trial, have a court order | ||||||
26 | entered sealing the record of arrest from the official records |
| |||||||
| |||||||
1 | of the arresting authority and order that the records of the | ||||||
2 | circuit court clerk and the Department be sealed until further | ||||||
3 | order of the court upon good cause shown or as otherwise | ||||||
4 | provided herein, and the name of the petitioner obliterated | ||||||
5 | from the official index requested to be kept by the circuit | ||||||
6 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
7 | connection with the arrest and conviction for the offense for | ||||||
8 | which he or she had been granted the certificate but the order | ||||||
9 | shall not affect any index issued by the circuit court clerk | ||||||
10 | before the entry of the order. All records sealed by the | ||||||
11 | Department may be disseminated by the Department only as | ||||||
12 | required by this Act or to the arresting authority, a law | ||||||
13 | enforcement agency, the State's Attorney, and the court upon a | ||||||
14 | later arrest for the same or similar offense or for the purpose | ||||||
15 | of sentencing for any subsequent felony. Upon conviction for | ||||||
16 | any subsequent offense, the Department of Corrections shall | ||||||
17 | have access to all sealed records of the Department pertaining | ||||||
18 | to that individual. Upon entry of the order of sealing, the | ||||||
19 | circuit court clerk shall promptly mail a copy of the order to | ||||||
20 | the person who was granted the certificate of eligibility for | ||||||
21 | sealing. | ||||||
22 | (e-6) Whenever a person who has been convicted of an | ||||||
23 | offense is granted a certificate of eligibility for expungement | ||||||
24 | by the Prisoner Review Board which specifically authorizes | ||||||
25 | expungement, he or she may, upon verified petition to the Chief | ||||||
26 | Judge of the circuit where the person had been convicted, any |
| |||||||
| |||||||
1 | judge of the circuit designated by the Chief Judge, or in | ||||||
2 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
3 | trial judge at the petitioner's trial, have a court order | ||||||
4 | entered expunging the record of arrest from the official | ||||||
5 | records of the arresting authority and order that the records | ||||||
6 | of the circuit court clerk and the Department be sealed until | ||||||
7 | further order of the court upon good cause shown or as | ||||||
8 | otherwise provided herein, and the name of the petitioner | ||||||
9 | obliterated from the official index requested to be kept by the | ||||||
10 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
11 | Act in connection with the arrest and conviction for the | ||||||
12 | offense for which he or she had been granted the certificate | ||||||
13 | but the order shall not affect any index issued by the circuit | ||||||
14 | court clerk before the entry of the order. All records sealed | ||||||
15 | by the Department may be disseminated by the Department only as | ||||||
16 | required by this Act or to the arresting authority, a law | ||||||
17 | enforcement agency, the State's Attorney, and the court upon a | ||||||
18 | later arrest for the same or similar offense or for the purpose | ||||||
19 | of sentencing for any subsequent felony. Upon conviction for | ||||||
20 | any subsequent offense, the Department of Corrections shall | ||||||
21 | have access to all expunged records of the Department | ||||||
22 | pertaining to that individual. Upon entry of the order of | ||||||
23 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
24 | of the order to the person who was granted the certificate of | ||||||
25 | eligibility for expungement. | ||||||
26 | (f) Subject to available funding, the Illinois Department
|
| |||||||
| |||||||
1 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
2 | especially on employment and recidivism rates, utilizing a
| ||||||
3 | random sample of those who apply for the sealing of their
| ||||||
4 | criminal records under Public Act 93-211. At the request of the
| ||||||
5 | Illinois Department of Corrections, records of the Illinois
| ||||||
6 | Department of Employment Security shall be utilized as
| ||||||
7 | appropriate to assist in the study. The study shall not
| ||||||
8 | disclose any data in a manner that would allow the
| ||||||
9 | identification of any particular individual or employing unit.
| ||||||
10 | The study shall be made available to the General Assembly no
| ||||||
11 | later than September 1, 2010.
| ||||||
12 | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
13 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
14 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
15 | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||||||
16 | 99-385, eff. 1-1-16; revised 10-15-15.)
| ||||||
17 | Section 15. The Metropolitan Transit Authority Act is | ||||||
18 | amended by changing Section 28b as follows:
| ||||||
19 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
20 | Sec. 28b. Any person applying for a position as a driver of | ||||||
21 | a vehicle
owned by a private carrier company which provides | ||||||
22 | public transportation
pursuant to an agreement with the | ||||||
23 | Authority shall be required to
authorize an investigation by | ||||||
24 | the private carrier company to determine if
the applicant has |
| |||||||
| |||||||
1 | been convicted of any of the following offenses: (i) those
| ||||||
2 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
3 | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
4 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
5 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
6 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, | ||||||
7 | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, | ||||||
8 | 12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, | ||||||
9 | and 33A-2, in subsection (a) and subsection (b),
clause (1), of | ||||||
10 | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of | ||||||
11 | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012; (ii) | ||||||
13 | those
offenses defined in the Cannabis Control Act except those | ||||||
14 | offenses defined
in subsection subsections (a) and (b) of | ||||||
15 | Section 4, and subsection (a) of Section 5 of
the Cannabis | ||||||
16 | Control Act (iii) those offenses defined in the Illinois
| ||||||
17 | Controlled Substances Act; (iv) those offenses defined in the | ||||||
18 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
19 | any offense committed or attempted in
any other state or | ||||||
20 | against the laws of the United States, which if
committed or | ||||||
21 | attempted in this State would be punishable as one or more of
| ||||||
22 | the foregoing offenses. Upon receipt of this authorization, the | ||||||
23 | private
carrier company shall submit the applicant's name, sex, | ||||||
24 | race, date of
birth, fingerprints and social security number to | ||||||
25 | the Department of State
Police on forms prescribed by the | ||||||
26 | Department. The Department of State
Police shall conduct an |
| |||||||
| |||||||
1 | investigation to ascertain if the applicant
has been convicted | ||||||
2 | of any of the above enumerated offenses. The Department
shall | ||||||
3 | charge the private carrier company a fee for conducting the
| ||||||
4 | investigation, which fee shall be deposited in the State Police | ||||||
5 | Services
Fund and shall not exceed the cost of the inquiry; and | ||||||
6 | the applicant shall not
be charged a fee for such investigation | ||||||
7 | by the private carrier company.
The Department of State Police | ||||||
8 | shall furnish, pursuant to positive
identification, records of | ||||||
9 | convictions, until expunged, to the private
carrier company | ||||||
10 | which requested the investigation. A copy of the record of
| ||||||
11 | convictions obtained from the Department shall be provided to | ||||||
12 | the applicant.
Any record of conviction received by the private | ||||||
13 | carrier company shall be
confidential. Any person who releases | ||||||
14 | any confidential information
concerning any criminal | ||||||
15 | convictions of an applicant shall be guilty of a
Class A | ||||||
16 | misdemeanor, unless authorized by this Section.
| ||||||
17 | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; | ||||||
18 | 96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. | ||||||
19 | 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
20 | Section 20. The School Code is amended by changing Section | ||||||
21 | 21B-80 as follows: | ||||||
22 | (105 ILCS 5/21B-80) | ||||||
23 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
24 | revocation of license. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Narcotics offense" means any one or more of the following | ||||||
3 | offenses: | ||||||
4 | (1) Any offense defined in the Cannabis Control Act, | ||||||
5 | except those defined in subsection subdivisions (a) and (b) | ||||||
6 | of Section 4 and subsection subdivision (a) of Section 5 of | ||||||
7 | the Cannabis Control Act and any offense for which the | ||||||
8 | holder of a license is placed on probation under the | ||||||
9 | provisions of Section 10 of the Cannabis Control Act, | ||||||
10 | provided that if the terms and conditions of probation | ||||||
11 | required by the court are not fulfilled, the offense is not | ||||||
12 | eligible for this exception. | ||||||
13 | (2) Any offense defined in the Illinois Controlled | ||||||
14 | Substances Act, except any offense for which the holder of | ||||||
15 | a license is placed on probation under the provisions of | ||||||
16 | Section 410 of the Illinois Controlled Substances Act, | ||||||
17 | provided that if the terms and conditions of probation | ||||||
18 | required by the court are not fulfilled, the offense is not | ||||||
19 | eligible for this exception. | ||||||
20 | (3) Any offense defined in the Methamphetamine Control | ||||||
21 | and Community Protection Act, except any offense for which | ||||||
22 | the holder of a license is placed on probation under the | ||||||
23 | provision of Section 70 of that Act, provided that if the | ||||||
24 | terms and conditions of probation required by the court are | ||||||
25 | not fulfilled, the offense is not eligible for this | ||||||
26 | exception. |
| |||||||
| |||||||
1 | (4) Any attempt to commit any of the offenses listed in | ||||||
2 | items (1) through (3) of this definition. | ||||||
3 | (5) Any offense committed or attempted in any other | ||||||
4 | state or against the laws of the United States that, if | ||||||
5 | committed or attempted in this State, would have been | ||||||
6 | punishable as one or more of the offenses listed in items | ||||||
7 | (1) through (4) of this definition. | ||||||
8 | The changes made by Public Act 96-431 to the definition of | ||||||
9 | "narcotics offense" are declaratory of existing law. | ||||||
10 | "Sex offense" means any one or more of the following | ||||||
11 | offenses: | ||||||
12 | (A) Any offense defined in Sections 11-6, 11-9 through | ||||||
13 | 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012; Sections 11-14 through 11-21, | ||||||
15 | inclusive, of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012; Sections 11-23 (if punished as a Class 3 | ||||||
17 | felony), 11-24, 11-25, and 11-26 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012; and Sections 11-1.20, | ||||||
19 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, | ||||||
20 | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if | ||||||
21 | punished pursuant to subdivision (4) or (5) of subsection | ||||||
22 | (d) of Section 26-4) of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012. | ||||||
24 | (B) Any attempt to commit any of the offenses listed in | ||||||
25 | item (A) of this definition. | ||||||
26 | (C) Any offense committed or attempted in any other |
| |||||||
| |||||||
1 | state that, if committed or attempted in this State, would | ||||||
2 | have been punishable as one or more of the offenses listed | ||||||
3 | in items (A) and (B) of this definition. | ||||||
4 | (b) Whenever the holder of any license issued pursuant to | ||||||
5 | this Article has been convicted of any sex offense or narcotics | ||||||
6 | offense, the State Superintendent of Education shall forthwith | ||||||
7 | suspend the license. If the conviction is reversed and the | ||||||
8 | holder is acquitted of the offense in a new trial or the | ||||||
9 | charges against him or her are dismissed, the State | ||||||
10 | Superintendent of Education shall forthwith terminate the | ||||||
11 | suspension of the license. When the conviction becomes final, | ||||||
12 | the State Superintendent of Education shall forthwith revoke | ||||||
13 | the license. | ||||||
14 | (c) Whenever the holder of a license issued pursuant to | ||||||
15 | this Article has been convicted of attempting to commit, | ||||||
16 | conspiring to commit, soliciting, or committing first degree | ||||||
17 | murder or a Class X felony or any offense committed or | ||||||
18 | attempted in any other state or against the laws of the United | ||||||
19 | States that, if committed or attempted in this State, would | ||||||
20 | have been punishable as one or more of the foregoing offenses, | ||||||
21 | the State Superintendent of Education shall forthwith suspend | ||||||
22 | the license. If the conviction is reversed and the holder is | ||||||
23 | acquitted of that offense in a new trial or the charges that he | ||||||
24 | or she committed that offense are dismissed, the State | ||||||
25 | Superintendent of Education shall forthwith terminate the | ||||||
26 | suspension of the license. When the conviction becomes final, |
| |||||||
| |||||||
1 | the State Superintendent of Education shall forthwith revoke | ||||||
2 | the license.
| ||||||
3 | (Source: P.A. 99-58, eff. 7-16-15.) | ||||||
4 | Section 25. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-106.1 and 6-508 as follows:
| ||||||
6 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
7 | Sec. 6-106.1. School bus driver permit.
| ||||||
8 | (a) The Secretary of State shall issue a school bus driver
| ||||||
9 | permit to those applicants who have met all the requirements of | ||||||
10 | the
application and screening process under this Section to | ||||||
11 | insure the
welfare and safety of children who are transported | ||||||
12 | on school buses
throughout the State of Illinois. Applicants | ||||||
13 | shall obtain the
proper application required by the Secretary | ||||||
14 | of State from their
prospective or current employer and submit | ||||||
15 | the completed
application to the prospective or current | ||||||
16 | employer along
with the necessary fingerprint submission as | ||||||
17 | required by the
Department of
State Police to conduct | ||||||
18 | fingerprint based criminal background
checks on current and | ||||||
19 | future information available in the state
system and current | ||||||
20 | information available through the Federal Bureau
of | ||||||
21 | Investigation's system. Applicants who have completed the
| ||||||
22 | fingerprinting requirements shall not be subjected to the
| ||||||
23 | fingerprinting process when applying for subsequent permits or
| ||||||
24 | submitting proof of successful completion of the annual |
| |||||||
| |||||||
1 | refresher
course. Individuals who on July 1, 1995 ( the | ||||||
2 | effective date of Public Act 88-612) this Act possess a valid
| ||||||
3 | school bus driver permit that has been previously issued by the | ||||||
4 | appropriate
Regional School Superintendent are not subject to | ||||||
5 | the fingerprinting
provisions of this Section as long as the | ||||||
6 | permit remains valid and does not
lapse. The applicant shall be | ||||||
7 | required to pay all related
application and fingerprinting fees | ||||||
8 | as established by rule
including, but not limited to, the | ||||||
9 | amounts established by the Department of
State Police and the | ||||||
10 | Federal Bureau of Investigation to process
fingerprint based | ||||||
11 | criminal background investigations. All fees paid for
| ||||||
12 | fingerprint processing services under this Section shall be | ||||||
13 | deposited into the
State Police Services Fund for the cost | ||||||
14 | incurred in processing the fingerprint
based criminal | ||||||
15 | background investigations. All other fees paid under this
| ||||||
16 | Section shall be deposited into the Road
Fund for the purpose | ||||||
17 | of defraying the costs of the Secretary of State in
| ||||||
18 | administering this Section. All applicants must:
| ||||||
19 | 1. be 21 years of age or older;
| ||||||
20 | 2. possess a valid and properly classified driver's | ||||||
21 | license
issued by the Secretary of State;
| ||||||
22 | 3. possess a valid driver's license, which has not been
| ||||||
23 | revoked, suspended, or canceled for 3 years immediately | ||||||
24 | prior to
the date of application, or have not had his or | ||||||
25 | her commercial motor vehicle
driving privileges
| ||||||
26 | disqualified within the 3 years immediately prior to the |
| |||||||
| |||||||
1 | date of application;
| ||||||
2 | 4. successfully pass a written test, administered by | ||||||
3 | the
Secretary of State, on school bus operation, school bus | ||||||
4 | safety, and
special traffic laws relating to school buses | ||||||
5 | and submit to a review
of the applicant's driving habits by | ||||||
6 | the Secretary of State at the time the
written test is | ||||||
7 | given;
| ||||||
8 | 5. demonstrate ability to exercise reasonable care in | ||||||
9 | the operation of
school buses in accordance with rules | ||||||
10 | promulgated by the Secretary of State;
| ||||||
11 | 6. demonstrate physical fitness to operate school | ||||||
12 | buses by
submitting the results of a medical examination, | ||||||
13 | including tests for drug
use for each applicant not subject | ||||||
14 | to such testing pursuant to
federal law, conducted by a | ||||||
15 | licensed physician, a licensed advanced practice nurse, or | ||||||
16 | a licensed physician assistant
within 90 days of the date
| ||||||
17 | of application according to standards promulgated by the | ||||||
18 | Secretary of State;
| ||||||
19 | 7. affirm under penalties of perjury that he or she has | ||||||
20 | not made a
false statement or knowingly concealed a | ||||||
21 | material fact
in any application for permit;
| ||||||
22 | 8. have completed an initial classroom course, | ||||||
23 | including first aid
procedures, in school bus driver safety | ||||||
24 | as promulgated by the Secretary of
State; and after | ||||||
25 | satisfactory completion of said initial course an annual
| ||||||
26 | refresher course; such courses and the agency or |
| |||||||
| |||||||
1 | organization conducting such
courses shall be approved by | ||||||
2 | the Secretary of State; failure to
complete the annual | ||||||
3 | refresher course, shall result in
cancellation of the | ||||||
4 | permit until such course is completed;
| ||||||
5 | 9. not have been under an order of court supervision | ||||||
6 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
7 | defined by rule, within one year prior to the date of | ||||||
8 | application that may
endanger the life or safety of any of | ||||||
9 | the driver's passengers within the
duration of the permit | ||||||
10 | period;
| ||||||
11 | 10. not have been under an order of court supervision | ||||||
12 | for or convicted of reckless driving, aggravated reckless | ||||||
13 | driving, driving while under the influence of alcohol, | ||||||
14 | other drug or drugs, intoxicating compound or compounds or | ||||||
15 | any combination thereof, or reckless homicide resulting | ||||||
16 | from the operation of a motor
vehicle within 3 years of the | ||||||
17 | date of application;
| ||||||
18 | 11. not have been convicted of committing or attempting
| ||||||
19 | to commit any
one or more of the following offenses: (i) | ||||||
20 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
21 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
22 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
23 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
24 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
25 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
26 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, |
| |||||||
| |||||||
1 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
2 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
3 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
4 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
5 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
6 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
7 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
8 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
9 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
10 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
11 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
12 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
13 | in subsection (a) and subsection (b), clause (1), of | ||||||
14 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
15 | of Section 24-3, and those offenses contained in Article | ||||||
16 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
18 | Act except those offenses defined in subsection | ||||||
19 | subsections (a) and
(b) of Section 4, and subsection (a) of | ||||||
20 | Section 5 of the Cannabis Control
Act; (iii) those offenses | ||||||
21 | defined in the Illinois Controlled Substances
Act; (iv) | ||||||
22 | those offenses defined in the Methamphetamine Control and | ||||||
23 | Community Protection Act; (v) any offense committed or | ||||||
24 | attempted in any other state or against
the laws of the | ||||||
25 | United States, which if committed or attempted in this
| ||||||
26 | State would be punishable as one or more of the foregoing |
| |||||||
| |||||||
1 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
2 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
4 | those offenses defined in Section 6-16 of the Liquor | ||||||
5 | Control Act of
1934;
and (viii) those offenses defined in | ||||||
6 | the Methamphetamine Precursor Control Act;
| ||||||
7 | 12. not have been repeatedly involved as a driver in | ||||||
8 | motor vehicle
collisions or been repeatedly convicted of | ||||||
9 | offenses against
laws and ordinances regulating the | ||||||
10 | movement of traffic, to a degree which
indicates lack of | ||||||
11 | ability to exercise ordinary and reasonable care in the
| ||||||
12 | safe operation of a motor vehicle or disrespect for the | ||||||
13 | traffic laws and
the safety of other persons upon the | ||||||
14 | highway;
| ||||||
15 | 13. not have, through the unlawful operation of a motor
| ||||||
16 | vehicle, caused an accident resulting in the death of any | ||||||
17 | person;
| ||||||
18 | 14. not have, within the last 5 years, been adjudged to | ||||||
19 | be
afflicted with or suffering from any mental disability | ||||||
20 | or disease; and
| ||||||
21 | 15. consent, in writing, to the release of results of | ||||||
22 | reasonable suspicion drug and alcohol testing under | ||||||
23 | Section 6-106.1c of this Code by the employer of the | ||||||
24 | applicant to the Secretary of State. | ||||||
25 | (b) A school bus driver permit shall be valid for a period | ||||||
26 | specified by
the Secretary of State as set forth by rule. It |
| |||||||
| |||||||
1 | shall be renewable upon compliance with subsection (a) of this
| ||||||
2 | Section.
| ||||||
3 | (c) A school bus driver permit shall contain the holder's | ||||||
4 | driver's
license number, legal name, residence address, zip | ||||||
5 | code, and date
of birth, a brief description of the holder and | ||||||
6 | a space for signature. The
Secretary of State may require a | ||||||
7 | suitable photograph of the holder.
| ||||||
8 | (d) The employer shall be responsible for conducting a | ||||||
9 | pre-employment
interview with prospective school bus driver | ||||||
10 | candidates, distributing school
bus driver applications and | ||||||
11 | medical forms to be completed by the applicant, and
submitting | ||||||
12 | the applicant's fingerprint cards to the Department of State | ||||||
13 | Police
that are required for the criminal background | ||||||
14 | investigations. The employer
shall certify in writing to the | ||||||
15 | Secretary of State that all pre-employment
conditions have been | ||||||
16 | successfully completed including the successful completion
of | ||||||
17 | an Illinois specific criminal background investigation through | ||||||
18 | the
Department of State Police and the submission of necessary
| ||||||
19 | fingerprints to the Federal Bureau of Investigation for | ||||||
20 | criminal
history information available through the Federal | ||||||
21 | Bureau of
Investigation system. The applicant shall present the
| ||||||
22 | certification to the Secretary of State at the time of | ||||||
23 | submitting
the school bus driver permit application.
| ||||||
24 | (e) Permits shall initially be provisional upon receiving
| ||||||
25 | certification from the employer that all pre-employment | ||||||
26 | conditions
have been successfully completed, and upon |
| |||||||
| |||||||
1 | successful completion of
all training and examination | ||||||
2 | requirements for the classification of
the vehicle to be | ||||||
3 | operated, the Secretary of State shall
provisionally issue a | ||||||
4 | School Bus Driver Permit. The permit shall
remain in a | ||||||
5 | provisional status pending the completion of the
Federal Bureau | ||||||
6 | of Investigation's criminal background investigation based
| ||||||
7 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
8 | of
Investigation by the Department of State Police. The Federal | ||||||
9 | Bureau of
Investigation shall report the findings directly to | ||||||
10 | the Secretary
of State. The Secretary of State shall remove the | ||||||
11 | bus driver
permit from provisional status upon the applicant's | ||||||
12 | successful
completion of the Federal Bureau of Investigation's | ||||||
13 | criminal
background investigation.
| ||||||
14 | (f) A school bus driver permit holder shall notify the
| ||||||
15 | employer and the Secretary of State if he or she is issued an | ||||||
16 | order of court supervision for or convicted in
another state of | ||||||
17 | an offense that would make him or her ineligible
for a permit | ||||||
18 | under subsection (a) of this Section. The
written notification | ||||||
19 | shall be made within 5 days of the entry of
the order of court | ||||||
20 | supervision or conviction. Failure of the permit holder to | ||||||
21 | provide the
notification is punishable as a petty
offense for a | ||||||
22 | first violation and a Class B misdemeanor for a
second or | ||||||
23 | subsequent violation.
| ||||||
24 | (g) Cancellation; suspension; notice and procedure.
| ||||||
25 | (1) The Secretary of State shall cancel a school bus
| ||||||
26 | driver permit of an applicant whose criminal background |
| |||||||
| |||||||
1 | investigation
discloses that he or she is not in compliance | ||||||
2 | with the provisions of subsection
(a) of this Section.
| ||||||
3 | (2) The Secretary of State shall cancel a school
bus | ||||||
4 | driver permit when he or she receives notice that the | ||||||
5 | permit holder fails
to comply with any provision of this | ||||||
6 | Section or any rule promulgated for the
administration of | ||||||
7 | this Section.
| ||||||
8 | (3) The Secretary of State shall cancel a school bus
| ||||||
9 | driver permit if the permit holder's restricted commercial | ||||||
10 | or
commercial driving privileges are withdrawn or | ||||||
11 | otherwise
invalidated.
| ||||||
12 | (4) The Secretary of State may not issue a school bus
| ||||||
13 | driver permit for a period of 3 years to an applicant who | ||||||
14 | fails to
obtain a negative result on a drug test as | ||||||
15 | required in item 6 of
subsection (a) of this Section or | ||||||
16 | under federal law.
| ||||||
17 | (5) The Secretary of State shall forthwith suspend
a | ||||||
18 | school bus driver permit for a period of 3 years upon | ||||||
19 | receiving
notice that the holder has failed to obtain a | ||||||
20 | negative result on a
drug test as required in item 6 of | ||||||
21 | subsection (a) of this Section
or under federal law.
| ||||||
22 | (6) The Secretary of State shall suspend a school bus | ||||||
23 | driver permit for a period of 3 years upon receiving notice | ||||||
24 | from the employer that the holder failed to perform the | ||||||
25 | inspection procedure set forth in subsection (a) or (b) of | ||||||
26 | Section 12-816 of this Code. |
| |||||||
| |||||||
1 | (7) The Secretary of State shall suspend a school bus | ||||||
2 | driver permit for a period of 3 years upon receiving notice | ||||||
3 | from the employer that the holder refused to submit to an | ||||||
4 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
5 | submitted to a test required by that Section which | ||||||
6 | disclosed an alcohol concentration of more than 0.00 or | ||||||
7 | disclosed a positive result on a National Institute on Drug | ||||||
8 | Abuse five-drug panel, utilizing federal standards set | ||||||
9 | forth in 49 CFR 40.87. | ||||||
10 | The Secretary of State shall notify the State | ||||||
11 | Superintendent
of Education and the permit holder's | ||||||
12 | prospective or current
employer that the applicant has (1) has | ||||||
13 | failed a criminal
background investigation or (2) is no
longer | ||||||
14 | eligible for a school bus driver permit; and of the related
| ||||||
15 | cancellation of the applicant's provisional school bus driver | ||||||
16 | permit. The
cancellation shall remain in effect pending the | ||||||
17 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
18 | The scope of the
hearing shall be limited to the issuance | ||||||
19 | criteria contained in
subsection (a) of this Section. A | ||||||
20 | petition requesting a
hearing shall be submitted to the | ||||||
21 | Secretary of State and shall
contain the reason the individual | ||||||
22 | feels he or she is entitled to a
school bus driver permit. The | ||||||
23 | permit holder's
employer shall notify in writing to the | ||||||
24 | Secretary of State
that the employer has certified the removal | ||||||
25 | of the offending school
bus driver from service prior to the | ||||||
26 | start of that school bus
driver's next workshift. An employing |
| |||||||
| |||||||
1 | school board that fails to
remove the offending school bus | ||||||
2 | driver from service is
subject to the penalties defined in | ||||||
3 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
4 | violates a provision of this Section is
subject to the | ||||||
5 | penalties defined in Section 6-106.11.
| ||||||
6 | All valid school bus driver permits issued under this | ||||||
7 | Section
prior to January 1, 1995, shall remain effective until | ||||||
8 | their
expiration date unless otherwise invalidated.
| ||||||
9 | (h) When a school bus driver permit holder who is a service | ||||||
10 | member is called to active duty, the employer of the permit | ||||||
11 | holder shall notify the Secretary of State, within 30 days of | ||||||
12 | notification from the permit holder, that the permit holder has | ||||||
13 | been called to active duty. Upon notification pursuant to this | ||||||
14 | subsection, (i) the Secretary of State shall characterize the | ||||||
15 | permit as inactive until a permit holder renews the permit as | ||||||
16 | provided in subsection (i) of this Section, and (ii) if a | ||||||
17 | permit holder fails to comply with the requirements of this | ||||||
18 | Section while called to active duty, the Secretary of State | ||||||
19 | shall not characterize the permit as invalid. | ||||||
20 | (i) A school bus driver permit holder who is a service | ||||||
21 | member returning from active duty must, within 90 days, renew a | ||||||
22 | permit characterized as inactive pursuant to subsection (h) of | ||||||
23 | this Section by complying with the renewal requirements of | ||||||
24 | subsection (b) of this Section. | ||||||
25 | (j) For purposes of subsections (h) and (i) of this | ||||||
26 | Section: |
| |||||||
| |||||||
1 | "Active duty" means active duty pursuant to an executive | ||||||
2 | order of the President of the United States, an act of the | ||||||
3 | Congress of the United States, or an order of the Governor. | ||||||
4 | "Service member" means a member of the Armed Services or | ||||||
5 | reserve forces of the United States or a member of the Illinois | ||||||
6 | National Guard. | ||||||
7 | (k) A private carrier employer of a school bus driver | ||||||
8 | permit holder, having satisfied the employer requirements of | ||||||
9 | this Section, shall be held to a standard of ordinary care for | ||||||
10 | intentional acts committed in the course of employment by the | ||||||
11 | bus driver permit holder. This subsection (k) shall in no way | ||||||
12 | limit the liability of the private carrier employer for | ||||||
13 | violation of any provision of this Section or for the negligent | ||||||
14 | hiring or retention of a school bus driver permit holder. | ||||||
15 | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | ||||||
16 | revised 11-2-15.)
| ||||||
17 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
18 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
19 | qualification standards.
| ||||||
20 | (a) Testing.
| ||||||
21 | (1) General. No person shall be issued an original or | ||||||
22 | renewal CDL
unless that person is
domiciled in this State | ||||||
23 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
24 | and 6-510 of this Code. The Secretary shall cause to be | ||||||
25 | administered such
tests as the Secretary deems necessary to |
| |||||||
| |||||||
1 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
2 | H, and J.
| ||||||
3 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
4 | an original CDL or an upgraded CDL that requires a skills | ||||||
5 | test unless that person has held a CLP, for a minimum of 14 | ||||||
6 | calendar days, for the classification of vehicle and | ||||||
7 | endorsement, if any, for which the person is seeking a CDL. | ||||||
8 | (2) Third party testing. The Secretary of State may | ||||||
9 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
10 | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| ||||||
11 | skills test or tests specified by the Federal Motor Carrier | ||||||
12 | Safety
Administration pursuant to the
Commercial Motor | ||||||
13 | Vehicle Safety Act of 1986 and any appropriate federal | ||||||
14 | rule.
| ||||||
15 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
16 | the skills
test specified in this Section for a driver | ||||||
17 | applicant for a commercial driver license
who meets the | ||||||
18 | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | ||||||
19 | waive the skills tests specified in this Section for a driver | ||||||
20 | applicant who has military commercial motor vehicle | ||||||
21 | experience, subject to the requirements of 49 C.F.R. 383.77.
| ||||||
22 | (b-1) No person shall be issued a CDL unless the person | ||||||
23 | certifies to the Secretary one of the following types of | ||||||
24 | driving operations in which he or she will be engaged: | ||||||
25 | (1) non-excepted interstate; | ||||||
26 | (2) non-excepted intrastate; |
| |||||||
| |||||||
1 | (3) excepted interstate; or | ||||||
2 | (4) excepted intrastate. | ||||||
3 | (b-2) (Blank). | ||||||
4 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
5 | issued to a person while the person is
subject to a | ||||||
6 | disqualification from driving a commercial motor vehicle, or
| ||||||
7 | unless otherwise permitted by this Code, while the person's | ||||||
8 | driver's
license is suspended, revoked or cancelled in
any | ||||||
9 | state, or any territory or province of Canada; nor may a CLP or | ||||||
10 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
11 | other state, or foreign
jurisdiction, nor may a CDL be issued | ||||||
12 | to a person who has an Illinois CLP unless the person first | ||||||
13 | surrenders all of these
licenses or permits. However, a person | ||||||
14 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
15 | is necessary to train or practice for an endorsement or vehicle | ||||||
16 | classification not present on the current CDL. No CDL shall be | ||||||
17 | issued to or renewed for a person who does not
meet the | ||||||
18 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
19 | with
the aid of a hearing aid.
| ||||||
20 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
21 | driver endorsement
to allow a person to drive the type of bus | ||||||
22 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
23 | The CDL with a school bus driver endorsement may be
issued only | ||||||
24 | to a person meeting the following requirements:
| ||||||
25 | (1) the person has submitted his or her fingerprints to | ||||||
26 | the
Department of State Police in the form and manner
|
| |||||||
| |||||||
1 | prescribed by the Department of State Police. These
| ||||||
2 | fingerprints shall be checked against the fingerprint | ||||||
3 | records
now and hereafter filed in the Department of State | ||||||
4 | Police and
Federal Bureau of Investigation criminal | ||||||
5 | history records databases;
| ||||||
6 | (2) the person has passed a written test, administered | ||||||
7 | by the Secretary of
State, on charter bus operation, | ||||||
8 | charter bus safety, and certain special
traffic laws
| ||||||
9 | relating to school buses determined by the Secretary of | ||||||
10 | State to be relevant to
charter buses, and submitted to a | ||||||
11 | review of the driver applicant's driving
habits by the | ||||||
12 | Secretary of State at the time the written test is given;
| ||||||
13 | (3) the person has demonstrated physical fitness to | ||||||
14 | operate school buses
by
submitting the results of a medical | ||||||
15 | examination, including tests for drug
use; and
| ||||||
16 | (4) the person has not been convicted of committing or | ||||||
17 | attempting
to commit any
one or more of the following | ||||||
18 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
19 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
20 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
21 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
22 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
23 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
24 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
25 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
26 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
| |||||||
| |||||||
1 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
2 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
3 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
4 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
5 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
6 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
7 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
8 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
9 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
10 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
11 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
12 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
13 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
14 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
16 | Control Act except those offenses defined in subsection | ||||||
17 | subsections (a) and
(b) of Section 4, and subsection (a) of | ||||||
18 | Section 5 of the Cannabis Control
Act; (iii) those offenses | ||||||
19 | defined in the Illinois Controlled Substances
Act; (iv) | ||||||
20 | those offenses defined in the Methamphetamine Control and | ||||||
21 | Community Protection Act; (v) any offense committed or | ||||||
22 | attempted in any other state or against
the laws of the | ||||||
23 | United States, which if committed or attempted in this
| ||||||
24 | State would be punishable as one or more of the foregoing | ||||||
25 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
26 | of the Wrongs to Children Act or Section 11-9.1A of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
2 | those offenses defined in Section 6-16 of the Liquor | ||||||
3 | Control Act of
1934; and (viii) those offenses defined in | ||||||
4 | the Methamphetamine Precursor Control Act.
| ||||||
5 | The Department of State Police shall charge
a fee for | ||||||
6 | conducting the criminal history records check, which shall be
| ||||||
7 | deposited into the State Police Services Fund and may not | ||||||
8 | exceed the actual
cost of the records check.
| ||||||
9 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
10 | endorsement to allow a person to drive a school bus as defined | ||||||
11 | in this Section. The CDL shall be issued according to the | ||||||
12 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
13 | operate a school bus as defined in this Section without a | ||||||
14 | school bus endorsement. The Secretary of State may adopt rules | ||||||
15 | consistent with Federal guidelines to implement this | ||||||
16 | subsection (c-2).
| ||||||
17 | (d) (Blank).
| ||||||
18 | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | ||||||
19 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | ||||||
20 | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of | ||||||
21 | P.A. 99-414 for effective date of changes made by 98-176); | ||||||
22 | 98-756, eff. 7-16-14.) | ||||||
23 | Section 30. The Criminal Code of 2012 is amended by | ||||||
24 | changing Sections 12-5.3, 16-1, 16-3, 16-25, 17-1, 17-3, | ||||||
25 | 21-1.3, 21-3, 21.1-2, 21.1-3, 24-1, 24-1.1, and 24-3.1 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (720 ILCS 5/12-5.3)
(was 720 ILCS 5/12-2.6)
| ||||||
3 | Sec. 12-5.3. Use of a dangerous place for the commission of | ||||||
4 | a controlled
substance or cannabis offense. | ||||||
5 | (a) A person commits use of a dangerous place for the
| ||||||
6 | commission of a
controlled substance or cannabis offense when | ||||||
7 | that person knowingly exercises
control
over any place with the | ||||||
8 | intent to use that place to manufacture, produce,
deliver, or
| ||||||
9 | possess with intent to deliver a controlled or
counterfeit | ||||||
10 | substance or controlled substance analog in violation of | ||||||
11 | Section
401 of the Illinois Controlled Substances Act or to | ||||||
12 | manufacture, produce,
deliver, or
possess with intent to | ||||||
13 | deliver cannabis in violation of subsection (d), (e), (f), or | ||||||
14 | (g) of Section 5, Section 5.1, 5.2,
or 7,
or subsection (b), | ||||||
15 | (c), (d), or (e) of Section 8 of the Cannabis Control Act and:
| ||||||
16 | (1) the place, by virtue of the presence of the | ||||||
17 | substance or substances
used or intended to be used to | ||||||
18 | manufacture a controlled or counterfeit
substance, | ||||||
19 | controlled substance analog, or cannabis, presents a | ||||||
20 | substantial
risk
of injury
to any
person from fire, | ||||||
21 | explosion, or exposure to toxic or noxious chemicals or | ||||||
22 | gas;
or
| ||||||
23 | (2) the place used or intended to be used to | ||||||
24 | manufacture, produce,
deliver, or
possess with intent to | ||||||
25 | deliver a controlled or
counterfeit substance, controlled |
| |||||||
| |||||||
1 | substance analog, or cannabis has located
within it or
| ||||||
2 | surrounding it devices, weapons, chemicals, or explosives | ||||||
3 | designed, hidden, or
arranged
in
a manner that would cause | ||||||
4 | a person to be exposed to a substantial risk of great
| ||||||
5 | bodily harm.
| ||||||
6 | (b) It may be inferred that a place was intended to be used | ||||||
7 | to manufacture a
controlled or counterfeit substance or | ||||||
8 | controlled substance analog if a
substance containing a | ||||||
9 | controlled or counterfeit substance or controlled
substance | ||||||
10 | analog or a substance containing a chemical important to the
| ||||||
11 | manufacture of a controlled or counterfeit substance or | ||||||
12 | controlled substance
analog is found at the place of the | ||||||
13 | alleged illegal controlled substance
manufacturing in close | ||||||
14 | proximity to equipment or a chemical used for
facilitating the | ||||||
15 | manufacture of the controlled or counterfeit substance or
| ||||||
16 | controlled substance analog that
is alleged to have been | ||||||
17 | intended to be manufactured.
| ||||||
18 | (c) As used in this Section,
"place" means a premises, | ||||||
19 | conveyance, or location that offers
seclusion,
shelter, means, | ||||||
20 | or facilitation for manufacturing, producing, possessing, or
| ||||||
21 | possessing
with intent to deliver a controlled or counterfeit
| ||||||
22 | substance,
controlled substance analog, or cannabis.
| ||||||
23 | (d) Use of a dangerous place for the commission of a | ||||||
24 | controlled substance
or cannabis offense is a Class 1 felony.
| ||||||
25 | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||||
2 | Sec. 16-1. Theft.
| ||||||
3 | (a) A person commits theft when he or she knowingly:
| ||||||
4 | (1) Obtains or exerts unauthorized control over | ||||||
5 | property of the
owner; or
| ||||||
6 | (2) Obtains by deception control over property of the | ||||||
7 | owner; or
| ||||||
8 | (3) Obtains by threat control over property of the | ||||||
9 | owner; or
| ||||||
10 | (4) Obtains control over stolen property knowing the | ||||||
11 | property to
have been stolen or under such circumstances as | ||||||
12 | would
reasonably induce him or her to believe that the | ||||||
13 | property was stolen; or
| ||||||
14 | (5) Obtains or exerts control over property in the | ||||||
15 | custody of any law
enforcement agency which any law | ||||||
16 | enforcement officer or any individual acting in behalf of a | ||||||
17 | law enforcement agency explicitly represents to the person | ||||||
18 | as being stolen or represents to the person such | ||||||
19 | circumstances as would reasonably induce the person to | ||||||
20 | believe that the property was stolen, and
| ||||||
21 | (A) Intends to deprive the owner permanently of the | ||||||
22 | use or
benefit of the property; or
| ||||||
23 | (B) Knowingly uses, conceals or abandons the | ||||||
24 | property in such
manner as to deprive the owner | ||||||
25 | permanently of such use or benefit; or
| ||||||
26 | (C) Uses, conceals, or abandons the property |
| |||||||
| |||||||
1 | knowing such use,
concealment or abandonment probably | ||||||
2 | will deprive the owner permanently
of such use or | ||||||
3 | benefit.
| ||||||
4 | (b) Sentence.
| ||||||
5 | (1) Theft of property not from the person and
not | ||||||
6 | exceeding $1,500 $500 in value is a Class B A misdemeanor.
| ||||||
7 | (1.1) Theft of property not from the person and
not | ||||||
8 | exceeding $1,500 $500 in value is a Class A misdemeanor 4 | ||||||
9 | felony if the theft was committed in a
school or place of | ||||||
10 | worship or if the theft was of governmental property.
| ||||||
11 | (2) A person who has been convicted of theft of | ||||||
12 | property not from the
person and not exceeding $1,500
$500 | ||||||
13 | in value who has been
previously convicted of any type of | ||||||
14 | theft, robbery, armed robbery,
burglary, residential | ||||||
15 | burglary, possession of burglary tools, home
invasion, | ||||||
16 | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
17 | 4-103.3
of the Illinois Vehicle Code relating to the | ||||||
18 | possession of a stolen or
converted motor vehicle, or a | ||||||
19 | violation of Section 17-36 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, or Section 8 of the Illinois | ||||||
21 | Credit
Card and Debit Card Act is guilty of a Class 4 | ||||||
22 | felony.
| ||||||
23 | (2.5) Theft of property from the person not exceeding | ||||||
24 | $1,500 in value, or theft of property exceeding $1,500 in | ||||||
25 | value, and not exceeding $5,000 in value is a Class A | ||||||
26 | misdemeanor.
|
| |||||||
| |||||||
1 | (3) (Blank).
| ||||||
2 | (4) Theft of property from the person exceeding $1,500 | ||||||
3 | in value but not exceeding $3,000 $500 in value, or
theft | ||||||
4 | of
property exceeding $5,000 $500 and not exceeding $10,000 | ||||||
5 | in value, is a
Class 4 3 felony.
| ||||||
6 | (4.1) Theft of property from the person exceeding | ||||||
7 | $3,000 in value but not exceeding $10,000 $500 in value, or
| ||||||
8 | theft of property exceeding $5,000 $500 and not exceeding | ||||||
9 | $10,000 in value, is a Class 3
2 felony if the theft was | ||||||
10 | committed in a school or place of worship or if the theft | ||||||
11 | was of governmental property.
| ||||||
12 | (5) Theft of property exceeding $10,000 and not | ||||||
13 | exceeding
$100,000 in value is a Class 3 2 felony.
| ||||||
14 | (5.1) Theft of property exceeding $10,000 and not | ||||||
15 | exceeding $100,000 in
value is a Class 2 1 felony
if the | ||||||
16 | theft was committed in a school or place of worship or if | ||||||
17 | the theft was of governmental property.
| ||||||
18 | (6) Theft of property exceeding $100,000 and not | ||||||
19 | exceeding $1,000,000 $500,000 in
value is a Class 2 1 | ||||||
20 | felony.
| ||||||
21 | (6.1) (Blank). Theft of property exceeding $100,000 in | ||||||
22 | value is a Class X felony
if the theft was committed in a | ||||||
23 | school or place of worship or if the theft was of | ||||||
24 | governmental property.
| ||||||
25 | (6.2) (Blank). Theft of property exceeding $500,000 | ||||||
26 | and not exceeding $1,000,000 in value is a Class 1
|
| |||||||
| |||||||
1 | non-probationable
felony.
| ||||||
2 | (6.3) Theft of property exceeding $1,000,000 in value | ||||||
3 | is a Class X felony.
| ||||||
4 | (7) Theft by deception, as described by paragraph (2) | ||||||
5 | of
subsection (a) of
this Section, in which the offender | ||||||
6 | obtained money or property valued at
$5,000 or more from a | ||||||
7 | victim 60 years of age or older is a Class 2 felony.
| ||||||
8 | (8) Theft by deception, as described by paragraph (2) | ||||||
9 | of
subsection (a) of
this Section, in which the offender | ||||||
10 | falsely poses as a landlord or agent or employee of the | ||||||
11 | landlord and obtains a rent payment or a security deposit | ||||||
12 | from a tenant is a Class B misdemeanor 3 felony if the rent | ||||||
13 | payment or security deposit obtained does not exceed $500 ; | ||||||
14 | a Class A misdemeanor if the rent payment or security | ||||||
15 | deposit obtained exceeds $500 and does not exceed $3,000; | ||||||
16 | and a Class 4 felony if the rent payment or security | ||||||
17 | deposit obtained exceeds $3,000 and does not exceed $5,000 . | ||||||
18 | (9) Theft by deception, as described by paragraph (2) | ||||||
19 | of
subsection (a) of
this Section, in which the offender | ||||||
20 | falsely poses as a landlord or agent or employee of the | ||||||
21 | landlord and obtains a rent payment or a security deposit | ||||||
22 | from a tenant is a Class 3 2 felony if the rent payment or | ||||||
23 | security deposit obtained exceeds $5,000 $500 and does not | ||||||
24 | exceed $10,000. | ||||||
25 | (10) Theft by deception, as described by paragraph (2) | ||||||
26 | of
subsection (a) of
this Section, in which the offender |
| |||||||
| |||||||
1 | falsely poses as a landlord or agent or employee of the | ||||||
2 | landlord and obtains a rent payment or a security deposit | ||||||
3 | from a tenant is a Class 2 1 felony if the rent payment or | ||||||
4 | security deposit obtained exceeds $10,000 and does not | ||||||
5 | exceed $100,000. | ||||||
6 | (11) Theft by deception, as described by paragraph (2) | ||||||
7 | of
subsection (a) of
this Section, in which the offender | ||||||
8 | falsely poses as a landlord or agent or employee of the | ||||||
9 | landlord and obtains a rent payment or a security deposit | ||||||
10 | from a tenant is a Class 1 X felony if the rent payment or | ||||||
11 | security deposit obtained exceeds $100,000. | ||||||
12 | (c) When a charge of theft of property exceeding a | ||||||
13 | specified value
is brought, the value of the property involved | ||||||
14 | is an element of the offense
to be resolved by the trier of | ||||||
15 | fact as either exceeding or not exceeding
the specified value.
| ||||||
16 | (d) Theft by lessee; permissive inference. The trier of | ||||||
17 | fact may infer evidence that a person intends to deprive the | ||||||
18 | owner permanently of the use or benefit of the property (1) if | ||||||
19 | a
lessee of the personal property of another fails to return it | ||||||
20 | to the
owner within 10 days after written demand from the owner | ||||||
21 | for its
return or (2) if a lessee of the personal property of | ||||||
22 | another fails to return
it to the owner within 24 hours after | ||||||
23 | written demand from the owner for its
return and the lessee had | ||||||
24 | presented identification to the owner that contained
a | ||||||
25 | materially fictitious name, address, or telephone number. A | ||||||
26 | notice in
writing, given after the expiration of the leasing |
| |||||||
| |||||||
1 | agreement, addressed and
mailed, by registered mail, to the | ||||||
2 | lessee at the address given by him and shown
on the leasing | ||||||
3 | agreement shall constitute proper demand. | ||||||
4 | (e) Permissive inference; evidence of intent that a person | ||||||
5 | obtains by deception control over property. The trier of fact | ||||||
6 | may infer that a person
"knowingly obtains by deception control | ||||||
7 | over property of the owner" when he or she
fails to return, | ||||||
8 | within 45 days after written demand from the owner, the
| ||||||
9 | downpayment and any additional payments accepted under a | ||||||
10 | promise, oral or
in writing, to perform services for the owner | ||||||
11 | for consideration of $3,000
or more, and the promisor knowingly | ||||||
12 | without good cause failed to
substantially perform pursuant to | ||||||
13 | the agreement after taking a down payment
of 10% or more of the | ||||||
14 | agreed upon consideration.
This provision shall not apply where | ||||||
15 | the owner initiated the suspension of
performance under the | ||||||
16 | agreement, or where the promisor responds to the
notice within | ||||||
17 | the 45-day notice period. A notice in writing, addressed and
| ||||||
18 | mailed, by registered mail, to the promisor at the last known | ||||||
19 | address of
the promisor, shall constitute proper demand. | ||||||
20 | (f) Offender's interest in the property. | ||||||
21 | (1) It is no defense to a charge of theft of property | ||||||
22 | that the offender
has an interest therein, when the owner | ||||||
23 | also has an interest to which the
offender is not entitled. | ||||||
24 | (2) Where the property involved is that of the | ||||||
25 | offender's spouse, no
prosecution for theft may be | ||||||
26 | maintained unless the parties were not living
together as |
| |||||||
| |||||||
1 | man and wife and were living in separate abodes at the time | ||||||
2 | of
the alleged theft. | ||||||
3 | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||||||
4 | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | ||||||
5 | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | ||||||
6 | eff. 1-25-13.)
| ||||||
7 | (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
| ||||||
8 | Sec. 16-3. Theft of labor or services or use of property. | ||||||
9 | (a) A person commits theft when he or she knowingly obtains | ||||||
10 | the temporary use
of property, labor or services of another | ||||||
11 | which are available only for hire,
by means of threat or | ||||||
12 | deception or knowing that such use is without the
consent of | ||||||
13 | the person providing the property, labor or services. For the | ||||||
14 | purposes of this subsection, library material is available for | ||||||
15 | hire.
| ||||||
16 | (b) A person commits theft when after renting or leasing a | ||||||
17 | motor vehicle,
obtaining a motor vehicle through a "driveaway" | ||||||
18 | service mode of transportation
or renting or leasing any other | ||||||
19 | type of personal property exceeding $500 in value,
under an | ||||||
20 | agreement in writing which provides for the return of the | ||||||
21 | vehicle
or other personal property to a particular place at a | ||||||
22 | particular time, he or she
without good cause knowingly fails | ||||||
23 | to return the vehicle or other personal
property to that place | ||||||
24 | within the time specified, and is thereafter served
or sent a | ||||||
25 | written demand mailed to the last known address, made by |
| |||||||
| |||||||
1 | certified
mail return receipt requested, to return such vehicle | ||||||
2 | or other personal
property within 3 days from the mailing of | ||||||
3 | the written demand, and who without
good cause knowingly fails | ||||||
4 | to return
the vehicle or any other personal property to any | ||||||
5 | place of business of the
lessor within such period.
| ||||||
6 | (c) A person commits theft when he or she borrows from a | ||||||
7 | library facility library material
which has an aggregate value | ||||||
8 | of $50 or more pursuant to an
agreement with or procedure | ||||||
9 | established by the library
facility for the return of such | ||||||
10 | library material, and knowingly without
good cause fails to | ||||||
11 | return the library material so borrowed in accordance
with such | ||||||
12 | agreement or procedure, and further knowingly without good | ||||||
13 | cause
fails to return such library material within 30 days | ||||||
14 | after receiving
written notice by certified mail from the | ||||||
15 | library
facility demanding the return of such library material. | ||||||
16 | (d) Sentence.
| ||||||
17 | A person convicted of theft under subsection (a) is
guilty | ||||||
18 | of a Class A misdemeanor , except that the theft of library | ||||||
19 | material where the aggregate value exceeds $300 is a Class 3 | ||||||
20 | felony . A person convicted of theft under subsection
(b) of | ||||||
21 | this Section is guilty of a Class 4 felony. A person convicted | ||||||
22 | of theft under subsection (c) is guilty of a petty offense for | ||||||
23 | which the offender may be fined an amount not to exceed $150 | ||||||
24 | $500 and shall be ordered to reimburse the library for postage | ||||||
25 | costs, attorney's fees, and actual replacement costs of the | ||||||
26 | materials not returned , except that theft under subsection (c) |
| |||||||
| |||||||
1 | where the aggregate value exceeds $300 is a Class 3 felony .
| ||||||
2 | For the purpose of sentencing on theft of library material, | ||||||
3 | separate transactions totalling more than $300 within a 90-day | ||||||
4 | period shall constitute a single offense. | ||||||
5 | (Source: P.A. 97-597, eff. 1-1-12.)
| ||||||
6 | (720 ILCS 5/16-25) | ||||||
7 | Sec. 16-25. Retail theft. | ||||||
8 | (a) A person commits retail theft when he or she knowingly:
| ||||||
9 | (1) Takes possession of, carries away, transfers or | ||||||
10 | causes to be
carried away or transferred any merchandise | ||||||
11 | displayed, held, stored or
offered for sale in a retail | ||||||
12 | mercantile establishment with the intention
of retaining | ||||||
13 | such merchandise or with the intention of depriving the
| ||||||
14 | merchant permanently of the possession, use or benefit of | ||||||
15 | such
merchandise without paying the full retail value of | ||||||
16 | such merchandise; or
| ||||||
17 | (2) Alters, transfers, or removes any label, price tag, | ||||||
18 | marking,
indicia of value or any other markings which aid | ||||||
19 | in determining value
affixed to any merchandise displayed, | ||||||
20 | held, stored or offered for sale
in a retail mercantile | ||||||
21 | establishment and attempts to purchase such
merchandise at | ||||||
22 | less than the full
retail value with the intention of | ||||||
23 | depriving the merchant of the full
retail value of such | ||||||
24 | merchandise; or
| ||||||
25 | (3) Transfers any merchandise displayed, held, stored |
| |||||||
| |||||||
1 | or offered for
sale in a retail mercantile establishment | ||||||
2 | from the container in or on
which such merchandise is | ||||||
3 | displayed to any other container with the
intention of | ||||||
4 | depriving the merchant of the full retail value of such
| ||||||
5 | merchandise; or
| ||||||
6 | (4) Under-rings with the intention of depriving the | ||||||
7 | merchant of the
full retail value of the merchandise; or
| ||||||
8 | (5) Removes a shopping cart from the premises of a | ||||||
9 | retail mercantile
establishment without the consent of the | ||||||
10 | merchant given at the time of
such removal with the | ||||||
11 | intention of depriving the merchant permanently of
the | ||||||
12 | possession, use or benefit of such cart; or
| ||||||
13 | (6) Represents to a merchant that he, she, or another | ||||||
14 | is the lawful owner
of property, knowing that such | ||||||
15 | representation is false, and conveys or attempts
to convey | ||||||
16 | that property to a merchant who is the owner of the | ||||||
17 | property in
exchange for money, merchandise credit or other | ||||||
18 | property of the merchant; or
| ||||||
19 | (7) Uses or possesses any theft detection shielding | ||||||
20 | device or theft
detection device remover with the intention | ||||||
21 | of using such device to deprive
the merchant permanently of | ||||||
22 | the possession, use or benefit of any
merchandise | ||||||
23 | displayed, held, stored or offered for sale in a retail
| ||||||
24 | mercantile establishment without paying the full retail | ||||||
25 | value of such
merchandise; or
| ||||||
26 | (8) Obtains or exerts unauthorized control over |
| |||||||
| |||||||
1 | property of the owner
and thereby intends to deprive the | ||||||
2 | owner permanently of the use or benefit
of the property | ||||||
3 | when a lessee of the personal property of another fails to
| ||||||
4 | return it to the owner, or if the lessee fails to pay the | ||||||
5 | full retail value
of such property to the lessor in | ||||||
6 | satisfaction of any contractual provision
requiring such, | ||||||
7 | within 10 days after written demand from the owner for its
| ||||||
8 | return. A notice in writing, given after the expiration of | ||||||
9 | the leasing
agreement, by registered mail, to the lessee at | ||||||
10 | the address given by the
lessee and shown on the leasing | ||||||
11 | agreement shall constitute proper demand. | ||||||
12 | (b) Theft by emergency exit. A person commits theft by | ||||||
13 | emergency exit when he or she commits a retail theft as defined | ||||||
14 | in subdivisions (a)(1) through (a)(8) of this Section and to | ||||||
15 | facilitate the theft he or she leaves the retail mercantile | ||||||
16 | establishment by use of a designated emergency exit. | ||||||
17 | (c) Permissive inference. If any person:
| ||||||
18 | (1) conceals upon his or her person or among his or her | ||||||
19 | belongings unpurchased
merchandise displayed, held, stored | ||||||
20 | or offered for sale in a retail
mercantile establishment; | ||||||
21 | and
| ||||||
22 | (2) removes that merchandise beyond the last known | ||||||
23 | station for
receiving payments for that merchandise in that | ||||||
24 | retail mercantile
establishment, | ||||||
25 | then the trier of fact may infer that the person possessed, | ||||||
26 | carried
away or transferred such merchandise with the intention |
| |||||||
| |||||||
1 | of retaining it
or with the intention of depriving the merchant | ||||||
2 | permanently of the
possession, use or benefit of such | ||||||
3 | merchandise without paying the full
retail value of such | ||||||
4 | merchandise. | ||||||
5 | To "conceal" merchandise means that, although there may be | ||||||
6 | some notice of its presence, that merchandise is not visible | ||||||
7 | through ordinary observation. | ||||||
8 | (d) Venue. Multiple thefts committed by the same person as | ||||||
9 | part of a continuing course of conduct in different | ||||||
10 | jurisdictions that have been aggregated in one jurisdiction may | ||||||
11 | be prosecuted in any jurisdiction in which one or more of the | ||||||
12 | thefts occurred. | ||||||
13 | (e) For the purposes of this Section, "theft detection | ||||||
14 | shielding device" means any laminated or coated bag or device | ||||||
15 | designed and intended to shield merchandise from detection by | ||||||
16 | an electronic or magnetic theft alarm sensor. | ||||||
17 | (f) Sentence. | ||||||
18 | (1) A violation of any of subdivisions (a)(1) through | ||||||
19 | (a)(6) and (a)(8) of this Section, the full retail
value of | ||||||
20 | which does not exceed $1,500 $300 for property other than | ||||||
21 | motor fuel or $1,000 $150 for motor fuel, is a Class B A | ||||||
22 | misdemeanor. A violation of subdivision (a)(7) of this | ||||||
23 | Section is a Class B A misdemeanor for a first offense and | ||||||
24 | a Class A misdemeanor 4 felony for a second or subsequent | ||||||
25 | offense. Theft by emergency exit of property, the full | ||||||
26 | retail
value of which does not exceed $1,000 $300 , is a |
| |||||||
| |||||||
1 | Class A misdemeanor 4 felony .
| ||||||
2 | (2) A person who has been convicted of retail theft of | ||||||
3 | property under any of subdivisions (a)(1) through (a)(6) | ||||||
4 | and (a)(8) of this Section, the
full retail value of which | ||||||
5 | does not exceed $1,500 $300 for property other than motor | ||||||
6 | fuel or $1,000 $150 for motor fuel, and who has been
| ||||||
7 | previously convicted of any type of theft, robbery, armed | ||||||
8 | robbery,
burglary, residential burglary, possession of | ||||||
9 | burglary tools, home
invasion, unlawful use of a credit | ||||||
10 | card, or forgery is guilty of a Class A misdemeanor 4 | ||||||
11 | felony . A person who has been convicted of theft by | ||||||
12 | emergency exit of property, the
full retail value of which | ||||||
13 | does not exceed $1,000 $300 , and who has been
previously | ||||||
14 | convicted of any type of theft, robbery, armed robbery,
| ||||||
15 | burglary, residential burglary, possession of burglary | ||||||
16 | tools, home
invasion, unlawful use of a credit card, or | ||||||
17 | forgery is guilty of a Class A misdemeanor 3 felony .
| ||||||
18 | (3) Any retail theft of property under any of | ||||||
19 | subdivisions (a)(1) through (a)(6) and (a)(8) of this | ||||||
20 | Section, the full retail value of
which exceeds $1,500 $300 | ||||||
21 | for property other than motor fuel or $1,000 $150 for motor | ||||||
22 | fuel in a single transaction, or in separate transactions | ||||||
23 | committed by the same person as part of a continuing course | ||||||
24 | of conduct from one or more mercantile establishments over | ||||||
25 | a period of one year, is a Class 4 3 felony.
Theft by | ||||||
26 | emergency exit of property, the full retail value of
which |
| |||||||
| |||||||
1 | exceeds $1,500 $300 in a single transaction, or in separate | ||||||
2 | transactions committed by the same person as part of a | ||||||
3 | continuing course of conduct from one or more mercantile | ||||||
4 | establishments over a period of one year, is a Class 4 2 | ||||||
5 | felony. When a charge of retail theft of property or theft | ||||||
6 | by emergency exit of property, the full value of which
| ||||||
7 | exceeds $1,500 $300 , is brought, the value of the property | ||||||
8 | involved is an element
of the offense to be resolved by the | ||||||
9 | trier of fact as either exceeding or
not exceeding $1,500 | ||||||
10 | $300 . | ||||||
11 | (4) Any act of retail theft as defined in subdivisions | ||||||
12 | (a) through (e) of this Section shall be sentenced as | ||||||
13 | retail theft. No person who is charged with retail theft | ||||||
14 | may also be charged with burglary or theft of the same | ||||||
15 | property.
| ||||||
16 | (Source: P.A. 97-597, eff. 1-1-12.) | ||||||
17 | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | ||||||
18 | Sec. 17-1. Deceptive practices.
| ||||||
19 | (A) General deception. | ||||||
20 | A person commits a deceptive practice when,
with intent to | ||||||
21 | defraud, the person does any of the following: | ||||||
22 | (1) He or she knowingly causes another, by deception or | ||||||
23 | threat,
to execute
a document disposing of property or a | ||||||
24 | document by which a pecuniary obligation
is incurred. |
| |||||||
| |||||||
1 | (2) Being an officer, manager or other person | ||||||
2 | participating in the
direction of a financial institution, | ||||||
3 | he or she knowingly receives or
permits the receipt of a | ||||||
4 | deposit or other investment, knowing that the
institution | ||||||
5 | is insolvent. | ||||||
6 | (3) He or she knowingly makes a false or
deceptive | ||||||
7 | statement addressed to the public for the purpose of | ||||||
8 | promoting
the sale of property or services. | ||||||
9 | (B) Bad checks. | ||||||
10 | A person commits a deceptive practice when: | ||||||
11 | (1) With intent to obtain control over property or to | ||||||
12 | pay for
property, labor or services of another, or in | ||||||
13 | satisfaction of an obligation
for payment of tax under the | ||||||
14 | Retailers' Occupation Tax Act or any other tax
due to the | ||||||
15 | State of Illinois, he or she issues or delivers a check or
| ||||||
16 | other order upon a real or fictitious depository for the | ||||||
17 | payment of money,
knowing that it will not be paid by the | ||||||
18 | depository. The trier of fact may infer that the defendant | ||||||
19 | knows that the check or other order will not be paid by the | ||||||
20 | depository and that the defendant has acted with intent to | ||||||
21 | defraud when the defendant fails to have
sufficient funds | ||||||
22 | or credit with the depository when the check or other order
| ||||||
23 | is issued or delivered, or when such check or other order | ||||||
24 | is presented for
payment and dishonored on each of 2 | ||||||
25 | occasions at least 7 days apart. In this
paragraph (B)(1), |
| |||||||
| |||||||
1 | "property" includes rental property (real or personal). | ||||||
2 | (2) He or she issues or delivers a check or other order | ||||||
3 | upon a real
or fictitious depository in an amount exceeding | ||||||
4 | $1,500 $150 in payment of an amount
owed on any credit | ||||||
5 | transaction for property, labor or services, or in
payment | ||||||
6 | of the entire amount owed on any credit transaction for | ||||||
7 | property,
labor or services, knowing that it will not be | ||||||
8 | paid by the depository, and
thereafter fails to provide | ||||||
9 | funds or credit with the depository in the face
amount of | ||||||
10 | the check or order within 7 days of receiving actual
notice | ||||||
11 | from the depository or payee of the dishonor of the check | ||||||
12 | or order.
| ||||||
13 | (C) Bank-related fraud. | ||||||
14 | (1) False statement. | ||||||
15 | A person commits false statement bank fraud if he or she, | ||||||
16 | with intent to defraud, makes or causes to be
made any false | ||||||
17 | statement in writing in order to obtain an account with
a bank | ||||||
18 | or other financial institution, or to obtain credit from a bank | ||||||
19 | or
other financial institution, or to obtain services from a | ||||||
20 | currency exchange, knowing such writing to be false, and with
| ||||||
21 | the intent that it be relied upon. | ||||||
22 | For purposes of this subsection (C), a false statement | ||||||
23 | means any false
statement representing identity, address, or | ||||||
24 | employment, or the identity,
address, or employment of any | ||||||
25 | person, firm, or corporation. |
| |||||||
| |||||||
1 | (2) Possession of stolen or fraudulently obtained checks. | ||||||
2 | A person commits possession of stolen or fraudulently | ||||||
3 | obtained checks when he or she possesses, with the intent to | ||||||
4 | obtain access to
funds of another person held in a real or | ||||||
5 | fictitious deposit account at a
financial institution, makes a | ||||||
6 | false statement or a misrepresentation to the
financial | ||||||
7 | institution, or possesses, transfers, negotiates, or presents | ||||||
8 | for
payment a check, draft, or other item purported to direct | ||||||
9 | the financial
institution to withdraw or pay funds out of the | ||||||
10 | account holder's deposit
account with knowledge that such | ||||||
11 | possession, transfer, negotiation, or
presentment is not | ||||||
12 | authorized by the account holder or the issuing financial
| ||||||
13 | institution. A person shall be deemed to have been
authorized | ||||||
14 | to possess, transfer, negotiate, or present for payment such | ||||||
15 | item
if the person was otherwise entitled by law to withdraw or | ||||||
16 | recover funds
from the account in question and followed the | ||||||
17 | requisite procedures under
the law. If the account holder, upon | ||||||
18 | discovery of the
withdrawal or payment, claims that the | ||||||
19 | withdrawal or payment was not
authorized, the financial | ||||||
20 | institution may require the account holder to
submit an | ||||||
21 | affidavit to that effect on a form satisfactory to the | ||||||
22 | financial
institution before the financial institution may be | ||||||
23 | required to credit the
account in an amount equal to the amount | ||||||
24 | or amounts that were withdrawn
or paid without authorization. | ||||||
25 | (3) Possession of implements of check fraud. | ||||||
26 | A person commits possession of implements of check fraud |
| |||||||
| |||||||
1 | when he or she possesses, with the intent to defraud and | ||||||
2 | without the
authority of the account holder or financial | ||||||
3 | institution, any check
imprinter, signature imprinter, or | ||||||
4 | "certified" stamp. | ||||||
5 | (D) Sentence. | ||||||
6 | (1) The commission of a deceptive practice in violation | ||||||
7 | of this Section, except as otherwise provided by this | ||||||
8 | subsection (D), is a Class A misdemeanor. | ||||||
9 | (2) For purposes of paragraphs (A)(1) and (B)(1): | ||||||
10 | (a) The commission of a deceptive practice in | ||||||
11 | violation of paragraph (A)(1) or (B)(1), when the value | ||||||
12 | of the property so obtained, in a single transaction or | ||||||
13 | in separate transactions within a 90-day period, | ||||||
14 | exceeds $1,500 $150 , is a Class A misdemeanor 4 felony . | ||||||
15 | In the case of a prosecution for separate transactions | ||||||
16 | totaling more than $1,500 $150 within a 90-day period, | ||||||
17 | those separate transactions shall be alleged in a | ||||||
18 | single charge and prosecuted in a single prosecution. | ||||||
19 | (b) The commission of a deceptive practice in | ||||||
20 | violation of paragraph (B)(1) a second or subsequent | ||||||
21 | time is a Class 4 felony. | ||||||
22 | (3) For purposes of paragraph (C)(2), a person who, | ||||||
23 | within any 12-month period, violates paragraph (C)(2) with | ||||||
24 | respect to 3 or more checks or orders for the payment of | ||||||
25 | money at the same time or consecutively, each the property |
| |||||||
| |||||||
1 | of a different account holder or financial institution, is | ||||||
2 | guilty of a Class 4 felony. | ||||||
3 | (4) For purposes of paragraph (C)(3), a person who | ||||||
4 | within any 12-month period violates paragraph (C)(3) as to | ||||||
5 | possession of 3 or more such devices at the same time or | ||||||
6 | consecutively is guilty of a Class 4 felony. | ||||||
7 | (E) Civil liability. A person who issues a check or order | ||||||
8 | to a payee in violation of paragraph (B)(1) and who fails to | ||||||
9 | pay the amount of the check or order to the payee within 30 | ||||||
10 | days following either delivery and acceptance by the addressee | ||||||
11 | of a written demand both by certified mail and by first class | ||||||
12 | mail to the person's last known address or attempted delivery | ||||||
13 | of a written demand sent both by certified mail and by first | ||||||
14 | class mail to the person's last known address and the demand by | ||||||
15 | certified mail is returned to the sender with a notation that | ||||||
16 | delivery was refused or unclaimed shall be liable to the payee | ||||||
17 | or a person subrogated to the rights of the payee for, in | ||||||
18 | addition to the amount owing upon such check or order, damages | ||||||
19 | of treble the amount so owing, but in no case less than $100 | ||||||
20 | nor more than $1,500, plus attorney's fees and court costs. An | ||||||
21 | action under this subsection (E) may be brought in small claims | ||||||
22 | court or in any other appropriate court. As part of the written | ||||||
23 | demand required by this subsection (E), the plaintiff shall | ||||||
24 | provide written notice to the defendant of the fact that prior | ||||||
25 | to the hearing of any action under this subsection (E), the |
| |||||||
| |||||||
1 | defendant may tender to the plaintiff and the plaintiff shall | ||||||
2 | accept, as satisfaction of the claim, an amount of money equal | ||||||
3 | to the sum of the amount of the check and the incurred court | ||||||
4 | costs, including the cost of service of process, and attorney's | ||||||
5 | fees. | ||||||
6 | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| ||||||
7 | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
| ||||||
8 | Sec. 17-3. Forgery.
| ||||||
9 | (a) A person commits forgery when, with intent to defraud, | ||||||
10 | he or she knowingly:
| ||||||
11 | (1) makes a false document or alters any document to | ||||||
12 | make it false and that document is apparently capable of | ||||||
13 | defrauding
another; or
| ||||||
14 | (2) issues or delivers such document knowing it to have | ||||||
15 | been thus
made or altered; or
| ||||||
16 | (3) possesses, with intent to issue or deliver, any | ||||||
17 | such document
knowing it to have been thus made or altered; | ||||||
18 | or
| ||||||
19 | (4) unlawfully uses the digital signature, as defined | ||||||
20 | in the Financial
Institutions Electronic Documents and | ||||||
21 | Digital Signature Act, of another; or
| ||||||
22 | (5) unlawfully uses the signature device of another to | ||||||
23 | create
an electronic signature of that other person, as | ||||||
24 | those terms are defined in the
Electronic Commerce Security | ||||||
25 | Act.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) A document apparently capable of defrauding another | ||||||
3 | includes, but is
not limited to, one by which any right, | ||||||
4 | obligation or power with reference
to any person or property | ||||||
5 | may be created, transferred, altered or
terminated. A document | ||||||
6 | includes any record or electronic record as those
terms are | ||||||
7 | defined in the Electronic Commerce Security Act. For purposes | ||||||
8 | of this Section, a document also includes a Universal Price | ||||||
9 | Code Label or coin.
| ||||||
10 | (c-5) For purposes of this Section, "false document" or | ||||||
11 | "document that is false" includes, but is not limited to, a | ||||||
12 | document whose contents are false in some material way, or that | ||||||
13 | purports to have been made by another or at another time, or | ||||||
14 | with different provisions, or by authority of one who did not | ||||||
15 | give such authority. | ||||||
16 | (d) Sentence.
| ||||||
17 | (1) Except as provided in paragraphs (2) and (3), | ||||||
18 | forgery in an amount not exceeding $1,500 is a Class A | ||||||
19 | misdemeanor and in an amount exceeding $1,500 is a Class 4 | ||||||
20 | 3 felony. | ||||||
21 | (2) Forgery is a Class 4 felony when only one Universal | ||||||
22 | Price Code Label is forged. | ||||||
23 | (3) Forgery is a Class A misdemeanor when an academic | ||||||
24 | degree or coin is forged.
| ||||||
25 | (e) It is not a violation of this Section if a false | ||||||
26 | academic degree explicitly states "for novelty purposes only". |
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; | ||||||
2 | 97-1109, eff. 1-1-13.)
| ||||||
3 | (720 ILCS 5/21-1.3)
| ||||||
4 | Sec. 21-1.3. Criminal defacement of property.
| ||||||
5 | (a) A person commits criminal defacement of property when | ||||||
6 | the person
knowingly damages the property of another by
| ||||||
7 | defacing, deforming, or otherwise damaging the property by the | ||||||
8 | use of paint or
any other similar substance, or by the use of a | ||||||
9 | writing instrument, etching
tool, or any other similar device. | ||||||
10 | It is an affirmative defense to a violation of this Section | ||||||
11 | that the owner of the property damaged consented to such | ||||||
12 | damage.
| ||||||
13 | (b) Sentence. | ||||||
14 | (1) Criminal defacement of property is a petty offense | ||||||
15 | Class A misdemeanor for a
first offense and a Class C | ||||||
16 | misdemeanor for a second or subsequent offense when the | ||||||
17 | aggregate value of the damage to the property does not | ||||||
18 | exceed $300. Criminal
defacement of property is a Class C | ||||||
19 | misdemeanor for a first offense and a Class A misdemeanor | ||||||
20 | for a second or subsequent offense 4 felony when the | ||||||
21 | aggregate value of the damage to property does not
exceed | ||||||
22 | $300 and the property damaged is a school building or place | ||||||
23 | of
worship or property which memorializes or honors an | ||||||
24 | individual or group of police officers, fire fighters, | ||||||
25 | members of the United States Armed Forces or National |
| |||||||
| |||||||
1 | Guard, or veterans. Criminal
defacement of property is a | ||||||
2 | Class C misdemeanor for a first conviction and a Class A | ||||||
3 | misdemeanor 4 felony for a second or subsequent
conviction | ||||||
4 | or when the aggregate value of the damage to the property | ||||||
5 | exceeds $300.
Criminal defacement of property is a Class B | ||||||
6 | misdemeanor for a first offense and a Class A misdemeanor | ||||||
7 | for a second offense 3 felony when the aggregate value of | ||||||
8 | the damage to property
exceeds $300 and the property | ||||||
9 | damaged is a school building or place of
worship or | ||||||
10 | property which memorializes or honors an individual or | ||||||
11 | group of police officers, fire fighters, members of the | ||||||
12 | United States Armed Forces or National Guard, or veterans.
| ||||||
13 | (2) In addition to any other sentence that may be | ||||||
14 | imposed
for a violation of this Section,
a person convicted | ||||||
15 | of
criminal defacement of
property shall: | ||||||
16 | (A) pay the
actual costs incurred
by the property | ||||||
17 | owner or the unit of government to abate, remediate,
| ||||||
18 | repair, or remove the effect of the damage to the | ||||||
19 | property. To the extent
permitted by law, | ||||||
20 | reimbursement for the costs of abatement, remediation,
| ||||||
21 | repair, or removal shall be payable to the person who | ||||||
22 | incurred the costs; and | ||||||
23 | (B) (blank). if convicted of criminal defacement | ||||||
24 | of property that is chargeable as a Class 3 or Class 4 | ||||||
25 | felony, pay a mandatory minimum fine of $500.
| ||||||
26 | (3) In addition to any
other sentence that may be |
| |||||||
| |||||||
1 | imposed, a court shall order any person convicted of
| ||||||
2 | criminal defacement of property to perform community | ||||||
3 | service for not less than
30 and not more than 120 hours, | ||||||
4 | if community service is available in the
jurisdiction. The | ||||||
5 | community service shall include, but need
not be limited | ||||||
6 | to, the cleanup and repair of the damage to property that | ||||||
7 | was
caused by the offense, or similar damage to property | ||||||
8 | located in the
municipality or county in which the offense | ||||||
9 | occurred.
When the property damaged is a school building, | ||||||
10 | the community service may
include cleanup, removal, or | ||||||
11 | painting over the defacement.
In addition, whenever any
| ||||||
12 | person is placed on supervision for an alleged offense | ||||||
13 | under this Section, the
supervision shall be conditioned
| ||||||
14 | upon the performance of the community service. | ||||||
15 | (4) For the purposes of this subsection (b), aggregate | ||||||
16 | value shall be determined by adding the value of the damage | ||||||
17 | to one or more properties if the offenses were committed as | ||||||
18 | part of a single course of conduct.
| ||||||
19 | (Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; | ||||||
20 | 98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)
| ||||||
21 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| ||||||
22 | Sec. 21-3. Criminal trespass to real property.
| ||||||
23 | (a) A person commits criminal trespass to real property | ||||||
24 | when he or she:
| ||||||
25 | (1) knowingly and without lawful authority enters or |
| |||||||
| |||||||
1 | remains within or on
a building;
| ||||||
2 | (2) enters upon the land of another, after receiving, | ||||||
3 | prior to the entry,
notice from the owner or occupant that | ||||||
4 | the entry is forbidden;
| ||||||
5 | (3) remains upon the land of another, after receiving | ||||||
6 | notice from the
owner or occupant to depart;
| ||||||
7 | (3.5) presents false documents or falsely represents | ||||||
8 | his or her identity orally to the owner or occupant of a | ||||||
9 | building or land in order to obtain permission from the | ||||||
10 | owner or occupant to enter or remain in the building or on | ||||||
11 | the land; | ||||||
12 | (3.7) intentionally removes a notice posted on | ||||||
13 | residential real estate as required by subsection (l) of | ||||||
14 | Section 15-1505.8 of Article XV of the Code of Civil | ||||||
15 | Procedure before the date and time set forth in the notice; | ||||||
16 | or | ||||||
17 | (4) enters a field used or capable of being used for | ||||||
18 | growing crops, an enclosed area containing livestock, an | ||||||
19 | agricultural building containing livestock, or an orchard | ||||||
20 | in or on a motor vehicle (including an off-road vehicle, | ||||||
21 | motorcycle, moped, or any other powered two-wheel vehicle) | ||||||
22 | after receiving, prior to the entry, notice from the owner | ||||||
23 | or occupant that the entry is forbidden or remains upon or | ||||||
24 | in the area after receiving notice from the owner or | ||||||
25 | occupant to depart. | ||||||
26 | For purposes of item (1) of this subsection, this Section |
| |||||||
| |||||||
1 | shall not apply
to being in a building which is open to the | ||||||
2 | public while the building is open
to the public during its | ||||||
3 | normal hours of operation; nor shall this Section
apply to a | ||||||
4 | person who enters a public building under the reasonable belief | ||||||
5 | that
the building is still open to the public.
| ||||||
6 | (b) A person has received notice from the owner or occupant | ||||||
7 | within the
meaning of Subsection (a) if he or she has been | ||||||
8 | notified personally, either orally
or in writing including a | ||||||
9 | valid court order as defined by subsection (7)
of Section | ||||||
10 | 112A-3 of the Code of Criminal Procedure of 1963 granting | ||||||
11 | remedy
(2) of subsection (b) of Section 112A-14 of that Code, | ||||||
12 | or if a printed or
written notice forbidding such entry has | ||||||
13 | been conspicuously posted or
exhibited at the main entrance to | ||||||
14 | the land or the forbidden part thereof.
| ||||||
15 | (b-5) Subject to the provisions of subsection (b-10), as an | ||||||
16 | alternative to the posting of real property as set forth in | ||||||
17 | subsection (b), the owner or lessee of any real property may | ||||||
18 | post the property by placing identifying purple marks on trees | ||||||
19 | or posts around the area to be posted. Each purple mark shall | ||||||
20 | be: | ||||||
21 | (1) A vertical line of at least 8 inches in length and | ||||||
22 | the bottom of the mark shall be no less than 3 feet nor | ||||||
23 | more than 5 feet high. Such marks shall be placed no more | ||||||
24 | than 100 feet apart and shall be readily visible to any | ||||||
25 | person approaching the property; or | ||||||
26 | (2) A post capped or otherwise marked on at least its |
| |||||||
| |||||||
1 | top 2 inches. The bottom of the cap or mark shall be not | ||||||
2 | less than 3 feet but not more than 5 feet 6 inches high. | ||||||
3 | Posts so marked shall be placed not more than 36 feet apart | ||||||
4 | and shall be readily visible to any person approaching the | ||||||
5 | property. Prior to applying a cap or mark which is visible | ||||||
6 | from both sides of a fence shared by different property | ||||||
7 | owners or lessees, all such owners or lessees shall concur | ||||||
8 | in the decision to post their own property. | ||||||
9 | Nothing in this subsection (b-5) shall be construed to | ||||||
10 | authorize the owner or lessee of any real property to place any | ||||||
11 | purple marks on any tree or post or to install any post or | ||||||
12 | fence if doing so would violate any applicable law, rule, | ||||||
13 | ordinance, order, covenant, bylaw, declaration, regulation, | ||||||
14 | restriction, contract, or instrument. | ||||||
15 | (b-10) Any owner or lessee who marks his or her real | ||||||
16 | property using the method described in subsection (b-5) must | ||||||
17 | also provide notice as described in subsection (b) of this | ||||||
18 | Section. The public of this State shall be informed of the | ||||||
19 | provisions of subsection (b-5) of this Section by the Illinois | ||||||
20 | Department of Agriculture and the Illinois Department of | ||||||
21 | Natural Resources. These Departments shall conduct an | ||||||
22 | information campaign for the general public concerning the | ||||||
23 | interpretation and implementation of subsection (b-5). The | ||||||
24 | information shall inform the public about the marking | ||||||
25 | requirements and the applicability of subsection (b-5) | ||||||
26 | including information regarding the size requirements of the |
| |||||||
| |||||||
1 | markings as well as the manner in which the markings shall be | ||||||
2 | displayed. The Departments shall also include information | ||||||
3 | regarding the requirement that, until the date this subsection | ||||||
4 | becomes inoperative, any owner or lessee who chooses to mark | ||||||
5 | his or her property using paint, must also comply with one of | ||||||
6 | the notice requirements listed in subsection (b). The | ||||||
7 | Departments may prepare a brochure or may disseminate the | ||||||
8 | information through agency websites. Non-governmental | ||||||
9 | organizations including, but not limited to, the Illinois | ||||||
10 | Forestry Association, Illinois Tree Farm and the Walnut Council | ||||||
11 | may help to disseminate the information regarding the | ||||||
12 | requirements and applicability of subsection (b-5) based on | ||||||
13 | materials provided by the Departments. This subsection (b-10) | ||||||
14 | is inoperative on and after January 1, 2013.
| ||||||
15 | (b-15) Subsections (b-5) and (b-10) do not apply to real | ||||||
16 | property located in a municipality of over 2,000,000 | ||||||
17 | inhabitants. | ||||||
18 | (c) This Section does not apply to any person, whether a | ||||||
19 | migrant worker
or otherwise, living on the land with permission | ||||||
20 | of the owner or of his
or her agent having apparent authority | ||||||
21 | to hire workers on this land and assign
them living quarters or | ||||||
22 | a place of accommodations for living thereon, nor
to anyone | ||||||
23 | living on the land at the request of, or by occupancy, leasing
| ||||||
24 | or other agreement or arrangement with the owner or his or her | ||||||
25 | agent, nor to
anyone invited by the migrant worker or other | ||||||
26 | person so living on the
land to visit him or her at the place he |
| |||||||
| |||||||
1 | is so living upon the land.
| ||||||
2 | (d) A person shall be exempt from prosecution under this | ||||||
3 | Section if
he or she beautifies unoccupied and abandoned | ||||||
4 | residential and industrial properties
located within any | ||||||
5 | municipality. For the purpose of this subsection,
"unoccupied | ||||||
6 | and abandoned residential and industrial property" means any
| ||||||
7 | real estate (1) in which the taxes have not been paid for a | ||||||
8 | period of at
least 2 years; and (2) which has been left | ||||||
9 | unoccupied and abandoned for a
period of at least one year; and | ||||||
10 | "beautifies" means to landscape, clean up
litter, or to repair | ||||||
11 | dilapidated conditions on or to board up windows
and doors.
| ||||||
12 | (e) No person shall be liable in any civil action for money | ||||||
13 | damages
to the owner of unoccupied and abandoned residential | ||||||
14 | and industrial property
which that person beautifies pursuant | ||||||
15 | to subsection (d) of this Section.
| ||||||
16 | (e-5) Mortgagee or agent of the mortgagee exceptions. | ||||||
17 | (1) A mortgagee or agent of the mortgagee shall be | ||||||
18 | exempt from prosecution for criminal trespass for | ||||||
19 | entering, securing, or maintaining an abandoned | ||||||
20 | residential property. | ||||||
21 | (2) No mortgagee or agent of the mortgagee shall be | ||||||
22 | liable to the mortgagor or other owner of an abandoned | ||||||
23 | residential property in any civil action for negligence or | ||||||
24 | civil trespass in connection with entering, securing, or | ||||||
25 | maintaining the abandoned residential property. | ||||||
26 | (3) For the purpose of this subsection (e-5) only, |
| |||||||
| |||||||
1 | "abandoned residential property" means mortgaged real | ||||||
2 | estate that the mortgagee or agent of the mortgagee | ||||||
3 | determines in good faith meets the definition of abandoned | ||||||
4 | residential property set forth in Section 15-1200.5 of | ||||||
5 | Article XV of the Code of Civil Procedure. | ||||||
6 | (f) This Section does not prohibit a person from entering a | ||||||
7 | building or
upon the land of another for emergency purposes. | ||||||
8 | For purposes of this
subsection (f), "emergency" means a | ||||||
9 | condition or circumstance in which an
individual is or is | ||||||
10 | reasonably believed by the person to be in imminent danger
of | ||||||
11 | serious bodily harm or in which property is or is reasonably | ||||||
12 | believed to be
in imminent danger of damage or destruction.
| ||||||
13 | (g) Paragraph (3.5) of subsection (a) does not apply to a | ||||||
14 | peace officer or other official of a unit of government who | ||||||
15 | enters a building or land in the performance of his or her | ||||||
16 | official duties.
| ||||||
17 | (h) Sentence. A violation of subdivision (a)(1), (a)(2), | ||||||
18 | (a)(3), or (a)(3.5) is a Class B misdemeanor , unless the person | ||||||
19 | violating subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is | ||||||
20 | homeless, and then the violation is a petty offense . A | ||||||
21 | violation of subdivision (a)(4) is a Class A misdemeanor. | ||||||
22 | (i) Civil liability. A person may be liable in any civil | ||||||
23 | action for money damages to the owner of the land he or she | ||||||
24 | entered upon with a motor vehicle as prohibited under paragraph | ||||||
25 | (4) of subsection (a) of this Section. A person may also be | ||||||
26 | liable to the owner for court costs and reasonable attorney's |
| |||||||
| |||||||
1 | fees. The measure of damages shall be: (i) the actual damages, | ||||||
2 | but not less than $250, if the vehicle is operated in a nature | ||||||
3 | preserve or registered area as defined in Sections 3.11 and | ||||||
4 | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice | ||||||
5 | the actual damages if the owner has previously notified the | ||||||
6 | person to cease trespassing; or (iii) in any other case, the | ||||||
7 | actual damages, but not less than $50. If the person operating | ||||||
8 | the vehicle is under the age of 16, the owner of the vehicle | ||||||
9 | and the parent or legal guardian of the minor are jointly and | ||||||
10 | severally liable. For the purposes of this subsection (i): | ||||||
11 | "Land" includes, but is not limited to, land used for | ||||||
12 | crop land, fallow land, orchard, pasture, feed lot, timber | ||||||
13 | land, prairie land, mine spoil nature preserves and | ||||||
14 | registered areas. "Land" does not include driveways or | ||||||
15 | private roadways upon which the owner allows the public to | ||||||
16 | drive.
| ||||||
17 | "Owner" means the person who has the right to | ||||||
18 | possession of the land, including the owner, operator or | ||||||
19 | tenant.
| ||||||
20 | "Vehicle" has the same meaning as provided under | ||||||
21 | Section 1-217 of the Illinois Vehicle Code.
| ||||||
22 | (j) This Section does not apply to the following persons | ||||||
23 | while serving process: | ||||||
24 | (1) a person authorized to serve process under Section | ||||||
25 | 2-202 of the Code of Civil Procedure; or | ||||||
26 | (2) a special process server appointed by the circuit |
| |||||||
| |||||||
1 | court. | ||||||
2 | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; | ||||||
3 | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. | ||||||
4 | 6-1-13 .)
| ||||||
5 | (720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
| ||||||
6 | Sec. 21.1-2. Residential picketing. A person commits | ||||||
7 | residential picketing when he or she pickets before or about | ||||||
8 | the residence
or dwelling of any person, except when the | ||||||
9 | residence or dwelling is used
as a place of business or is the | ||||||
10 | residence of an elected official . This Article does not apply | ||||||
11 | to a person
peacefully picketing his own residence or dwelling | ||||||
12 | and does not prohibit
the peaceful picketing of the place of | ||||||
13 | holding a meeting or assembly on premises
commonly used to | ||||||
14 | discuss subjects of general public interest.
| ||||||
15 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
16 | (720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
| ||||||
17 | Sec. 21.1-3. Sentence. Violation of Section 21.1-2 is a | ||||||
18 | petty offense Class B misdemeanor .
| ||||||
19 | (Source: P.A. 77-2638.)
| ||||||
20 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
21 | Sec. 24-1. Unlawful use of weapons.
| ||||||
22 | (a) A person commits the offense of unlawful use of weapons | ||||||
23 | when
he knowingly:
|
| |||||||
| |||||||
1 | (1) Sells, manufactures, purchases, possesses or | ||||||
2 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
3 | sand-bag, metal knuckles or other knuckle weapon | ||||||
4 | regardless of its composition, throwing star,
or any knife, | ||||||
5 | commonly referred to as a switchblade knife, which has a
| ||||||
6 | blade that opens automatically by hand pressure applied to | ||||||
7 | a button,
spring or other device in the handle of the | ||||||
8 | knife, or a ballistic knife,
which is a device that propels | ||||||
9 | a knifelike blade as a projectile by means
of a coil | ||||||
10 | spring, elastic material or compressed gas; or
| ||||||
11 | (2) Carries or possesses with intent to use the same | ||||||
12 | unlawfully
against another, a dagger, dirk, billy, | ||||||
13 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
14 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
15 | deadly weapon or instrument of like character; or
| ||||||
16 | (3) Carries on or about his person or in any vehicle, a | ||||||
17 | tear gas gun
projector or bomb or any object containing | ||||||
18 | noxious liquid gas or
substance, other than an object | ||||||
19 | containing a non-lethal noxious liquid gas
or substance | ||||||
20 | designed solely for personal defense carried by a person 18
| ||||||
21 | years of age or older; or
| ||||||
22 | (4) Carries or possesses in any vehicle or concealed on | ||||||
23 | or about his
person except when on his land or in his own | ||||||
24 | abode, legal dwelling, or fixed place of
business, or on | ||||||
25 | the land or in the legal dwelling of another person as an | ||||||
26 | invitee with that person's permission, any pistol, |
| |||||||
| |||||||
1 | revolver, stun gun or taser or other firearm, except
that
| ||||||
2 | this subsection (a) (4) does not apply to or affect | ||||||
3 | transportation of weapons
that meet one of the following | ||||||
4 | conditions:
| ||||||
5 | (i) are broken down in a non-functioning state; or
| ||||||
6 | (ii) are not immediately accessible; or
| ||||||
7 | (iii) are unloaded and enclosed in a case, firearm | ||||||
8 | carrying box,
shipping box, or other container by a | ||||||
9 | person who has been issued a currently
valid Firearm | ||||||
10 | Owner's
Identification Card; or | ||||||
11 | (iv) are carried or possessed in accordance with | ||||||
12 | the Firearm Concealed Carry Act by a person who has | ||||||
13 | been issued a currently valid license under the Firearm | ||||||
14 | Concealed Carry Act; or
| ||||||
15 | (5) Sets a spring gun; or
| ||||||
16 | (6) Possesses any device or attachment of any kind | ||||||
17 | designed, used or
intended for use in silencing the report | ||||||
18 | of any firearm; or
| ||||||
19 | (7) Sells, manufactures, purchases, possesses or | ||||||
20 | carries:
| ||||||
21 | (i) a machine gun, which shall be defined for the | ||||||
22 | purposes of this
subsection as any weapon,
which | ||||||
23 | shoots, is designed to shoot, or can be readily | ||||||
24 | restored to shoot,
automatically more than one shot | ||||||
25 | without manually reloading by a single
function of the | ||||||
26 | trigger, including the frame or receiver
of any such |
| |||||||
| |||||||
1 | weapon, or sells, manufactures, purchases, possesses, | ||||||
2 | or
carries any combination of parts designed or | ||||||
3 | intended for
use in converting any weapon into a | ||||||
4 | machine gun, or any combination or
parts from which a | ||||||
5 | machine gun can be assembled if such parts are in the
| ||||||
6 | possession or under the control of a person;
| ||||||
7 | (ii) any rifle having one or
more barrels less than | ||||||
8 | 16 inches in length or a shotgun having one or more
| ||||||
9 | barrels less than 18 inches in length or any weapon | ||||||
10 | made from a rifle or
shotgun, whether by alteration, | ||||||
11 | modification, or otherwise, if such a weapon
as | ||||||
12 | modified has an overall length of less than 26 inches; | ||||||
13 | or
| ||||||
14 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
15 | other container containing an
explosive substance of | ||||||
16 | over one-quarter ounce for like purposes, such
as, but | ||||||
17 | not limited to, black powder bombs and Molotov | ||||||
18 | cocktails or
artillery projectiles; or
| ||||||
19 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
20 | or other
deadly weapon in any place which is licensed to | ||||||
21 | sell intoxicating
beverages, or at any public gathering | ||||||
22 | held pursuant to a license issued
by any governmental body | ||||||
23 | or any public gathering at which an admission
is charged, | ||||||
24 | excluding a place where a showing, demonstration or lecture
| ||||||
25 | involving the exhibition of unloaded firearms is | ||||||
26 | conducted.
|
| |||||||
| |||||||
1 | This subsection (a)(8) does not apply to any auction or | ||||||
2 | raffle of a firearm
held pursuant to
a license or permit | ||||||
3 | issued by a governmental body, nor does it apply to persons
| ||||||
4 | engaged
in firearm safety training courses; or
| ||||||
5 | (9) Carries or possesses in a vehicle or on or about | ||||||
6 | his person any
pistol, revolver, stun gun or taser or | ||||||
7 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
8 | masked in such manner as to conceal his identity; or
| ||||||
9 | (10) Carries or possesses on or about his person, upon | ||||||
10 | any public street,
alley, or other public lands within the | ||||||
11 | corporate limits of a city, village
or incorporated town, | ||||||
12 | except when an invitee thereon or therein, for the
purpose | ||||||
13 | of the display of such weapon or the lawful commerce in | ||||||
14 | weapons, or
except when on his land or in his own abode, | ||||||
15 | legal dwelling, or fixed place of business, or on the land | ||||||
16 | or in the legal dwelling of another person as an invitee | ||||||
17 | with that person's permission, any
pistol, revolver, stun | ||||||
18 | gun or taser or other firearm, except that this
subsection | ||||||
19 | (a) (10) does not apply to or affect transportation of | ||||||
20 | weapons that
meet one of the following conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
| ||||||
22 | (ii) are not immediately accessible; or
| ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or
|
| |||||||
| |||||||
1 | (iv) are carried or possessed in accordance with | ||||||
2 | the Firearm Concealed Carry Act by a person who has | ||||||
3 | been issued a currently valid license under the Firearm | ||||||
4 | Concealed Carry Act. | ||||||
5 | A "stun gun or taser", as used in this paragraph (a) | ||||||
6 | means (i) any device
which is powered by electrical | ||||||
7 | charging units, such as, batteries, and
which fires one or | ||||||
8 | several barbs attached to a length of wire and
which, upon | ||||||
9 | hitting a human, can send out a current capable of | ||||||
10 | disrupting
the person's nervous system in such a manner as | ||||||
11 | to render him incapable of
normal functioning or (ii) any | ||||||
12 | device which is powered by electrical
charging units, such | ||||||
13 | as batteries, and which, upon contact with a human or
| ||||||
14 | clothing worn by a human, can send out current capable of | ||||||
15 | disrupting
the person's nervous system in such a manner as | ||||||
16 | to render him incapable
of normal functioning; or
| ||||||
17 | (11) Sells, manufactures or purchases any explosive | ||||||
18 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
19 | bullet" means the projectile portion of
an ammunition | ||||||
20 | cartridge which contains or carries an explosive charge | ||||||
21 | which
will explode upon contact with the flesh of a human | ||||||
22 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
23 | a projectile affixed at the
front thereof and a cap or | ||||||
24 | primer at the rear end thereof, with the
propellant | ||||||
25 | contained in such tube between the projectile and the cap; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (12) (Blank); or
| ||||||
2 | (13) Carries or possesses on or about his or her person | ||||||
3 | while in a building occupied by a unit of government, a | ||||||
4 | billy club, other weapon of like character, or other | ||||||
5 | instrument of like character intended for use as a weapon. | ||||||
6 | For the purposes of this Section, "billy club" means a | ||||||
7 | short stick or club commonly carried by police officers | ||||||
8 | which is either telescopic or constructed of a solid piece | ||||||
9 | of wood or other man-made material. | ||||||
10 | (b) Sentence. A person convicted of a violation of | ||||||
11 | subsection 24-1(a)(1)
commits a petty offense. A person | ||||||
12 | convicted of a violation of subsection 24-1 (a)(4) or through | ||||||
13 | (5), subsection 24-1(a)(10) commits a Class C misdemeanor. A | ||||||
14 | person convicted of a violation of subsection 24-1(a)(2), | ||||||
15 | subsection 24-1(a)(3), subsection 24-1(a)(5) ,
subsection | ||||||
16 | 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A
| ||||||
17 | misdemeanor.
A person convicted of a violation of subsection
| ||||||
18 | 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person
| ||||||
19 | convicted of a violation of subsection 24-1(a)(6) or | ||||||
20 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
21 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
22 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
23 | of not less than 3 years and not more than 7 years , unless the | ||||||
24 | weapon is possessed in the
passenger compartment of a motor | ||||||
25 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
26 | Code, or on the person, while the weapon is loaded, in which
|
| |||||||
| |||||||
1 | case it shall be a Class X felony. A person convicted of a
| ||||||
2 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
3 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
4 | felony. The possession of each weapon in violation of this | ||||||
5 | Section constitutes a single and separate violation.
| ||||||
6 | (c) Violations in specific places.
| ||||||
7 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
8 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
9 | the time of year, in residential
property owned, operated | ||||||
10 | or managed by a public housing agency or
leased by
a public | ||||||
11 | housing agency as part of a scattered site or mixed-income
| ||||||
12 | development, in a
public park, in a courthouse, on the real | ||||||
13 | property comprising any school,
regardless of the
time of | ||||||
14 | day or the time of year, on residential property owned, | ||||||
15 | operated
or
managed by a public housing agency
or leased by | ||||||
16 | a public housing agency as part of a scattered site or
| ||||||
17 | mixed-income development,
on the real property comprising | ||||||
18 | any
public park, on the real property comprising any | ||||||
19 | courthouse, in any conveyance
owned, leased or contracted | ||||||
20 | by a school to
transport students to or from school or a | ||||||
21 | school related activity, in any conveyance
owned, leased, | ||||||
22 | or contracted by a public transportation agency, or on any
| ||||||
23 | public way within 1,000 feet of the real property | ||||||
24 | comprising any school,
public park, courthouse, public | ||||||
25 | transportation facility, or residential property owned, | ||||||
26 | operated, or managed
by a public housing agency
or leased |
| |||||||
| |||||||
1 | by a public housing agency as part of a scattered site or
| ||||||
2 | mixed-income development
commits a Class 2 felony and shall | ||||||
3 | be sentenced to a term of imprisonment of not less than 3 | ||||||
4 | years and not more than 7 years .
| ||||||
5 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
7 | time of day or the time of year,
in residential property | ||||||
8 | owned, operated, or managed by a public
housing
agency
or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or
mixed-income development,
in
a public
park, in a | ||||||
11 | courthouse, on the real property comprising any school, | ||||||
12 | regardless
of the time of day or the time of year, on | ||||||
13 | residential property owned,
operated, or managed by a | ||||||
14 | public housing agency
or leased by a public housing agency | ||||||
15 | as part of a scattered site or
mixed-income development,
on | ||||||
16 | the real property
comprising any public park, on the real | ||||||
17 | property comprising any courthouse, in
any conveyance | ||||||
18 | owned, leased, or contracted by a school to transport | ||||||
19 | students
to or from school or a school related activity, in | ||||||
20 | any conveyance
owned, leased, or contracted by a public | ||||||
21 | transportation agency, or on any public way within
1,000 | ||||||
22 | feet of the real property comprising any school, public | ||||||
23 | park, courthouse,
public transportation facility, or | ||||||
24 | residential property owned, operated, or managed by a | ||||||
25 | public
housing agency
or leased by a public housing agency | ||||||
26 | as part of a scattered site or
mixed-income development
|
| |||||||
| |||||||
1 | commits a Class 3 felony.
| ||||||
2 | (2) A person who violates subsection 24-1(a)(1), | ||||||
3 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
4 | time of day or the time of year, in
residential property | ||||||
5 | owned, operated or managed by a public housing
agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development,
in
a public park, in a | ||||||
8 | courthouse, on the real property comprising any school,
| ||||||
9 | regardless of the time of day or the time of year, on | ||||||
10 | residential property
owned, operated or managed by a public | ||||||
11 | housing agency
or leased by a public housing agency as part | ||||||
12 | of a scattered site or
mixed-income development,
on the | ||||||
13 | real property
comprising any public park, on the real | ||||||
14 | property comprising any courthouse, in
any conveyance | ||||||
15 | owned, leased or contracted by a school to transport | ||||||
16 | students
to or from school or a school related activity, in | ||||||
17 | any conveyance
owned, leased, or contracted by a public | ||||||
18 | transportation agency, or on any public way within
1,000 | ||||||
19 | feet of the real property comprising any school, public | ||||||
20 | park, courthouse,
public transportation facility, or | ||||||
21 | residential property owned, operated, or managed by a | ||||||
22 | public
housing agency or leased by a public housing agency | ||||||
23 | as part of a scattered
site or mixed-income development | ||||||
24 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
25 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
26 | this State for the conduct of official business.
|
| |||||||
| |||||||
1 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
2 | (c) shall not
apply to law
enforcement officers or security | ||||||
3 | officers of such school, college, or
university or to | ||||||
4 | students carrying or possessing firearms for use in | ||||||
5 | training
courses, parades, hunting, target shooting on | ||||||
6 | school ranges, or otherwise with
the consent of school | ||||||
7 | authorities and which firearms are transported unloaded
| ||||||
8 | enclosed in a suitable case, box, or transportation | ||||||
9 | package.
| ||||||
10 | (4) For the purposes of this subsection (c), "school" | ||||||
11 | means any public or
private elementary or secondary school, | ||||||
12 | community college, college, or
university.
| ||||||
13 | (5) For the purposes of this subsection (c), "public | ||||||
14 | transportation agency" means a public or private agency | ||||||
15 | that provides for the transportation or conveyance of
| ||||||
16 | persons by means available to the general public, except | ||||||
17 | for transportation
by automobiles not used for conveyance | ||||||
18 | of the general public as passengers; and "public | ||||||
19 | transportation facility" means a terminal or other place
| ||||||
20 | where one may obtain public transportation.
| ||||||
21 | (d) The presence in an automobile other than a public | ||||||
22 | omnibus of any
weapon, instrument or substance referred to in | ||||||
23 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
24 | possession of, and is being
carried by, all persons occupying | ||||||
25 | such automobile at the time such
weapon, instrument or | ||||||
26 | substance is found, except under the following
circumstances: |
| |||||||
| |||||||
1 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
2 | the person of one of the occupants therein; or (ii) if such
| ||||||
3 | weapon, instrument or substance is found in an automobile | ||||||
4 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
5 | and proper pursuit of
his trade, then such presumption shall | ||||||
6 | not apply to the driver.
| ||||||
7 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
8 | Underwater
Spearguns are exempted from the definition of | ||||||
9 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
10 | of this Section.
| ||||||
11 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
12 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
13 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
14 | Felons or
Persons in the Custody of the
Department of | ||||||
15 | Corrections Facilities. | ||||||
16 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
17 | about his person or on his land or
in his own abode or fixed | ||||||
18 | place of business any weapon prohibited under
Section 24-1 of | ||||||
19 | this Act or any firearm or any firearm ammunition if the
person | ||||||
20 | has been convicted of a felony involving an offense directed | ||||||
21 | against the person, a forcible felony, stalking, domestic | ||||||
22 | violence, an offense involving a weapon, or other offense in | ||||||
23 | which the sentencing order prohibited the person from | ||||||
24 | possessing a firearm or firearm ammunition, under the laws of | ||||||
25 | this State or any
other jurisdiction. This Section shall not |
| |||||||
| |||||||
1 | apply if the person has been
granted relief by the Director of | ||||||
2 | the Department of State Police
under Section 10 of the Firearm | ||||||
3 | Owners Identification
Card Act.
| ||||||
4 | (b) It is unlawful for any person confined in a penal | ||||||
5 | institution,
which is a facility of the Illinois Department of | ||||||
6 | Corrections, to possess
any weapon prohibited under Section | ||||||
7 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
8 | regardless of the intent with which he possesses it.
| ||||||
9 | (c) It shall be an affirmative defense to a violation of | ||||||
10 | subsection (b), that such possession was specifically | ||||||
11 | authorized by rule,
regulation, or directive of the Illinois | ||||||
12 | Department of Corrections or order
issued pursuant thereto.
| ||||||
13 | (d) The defense of necessity is not available to a person | ||||||
14 | who is charged
with a violation of subsection (b) of this | ||||||
15 | Section.
| ||||||
16 | (e) Sentence. Violation of this Section by a person not | ||||||
17 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
18 | which the person shall be sentenced to no less than 2 years and | ||||||
19 | no
more than 10 years and any second or subsequent violation | ||||||
20 | shall be a Class 2 felony for which the person shall be | ||||||
21 | sentenced to a term of imprisonment of not less than 3 years | ||||||
22 | and not more than 14 years . Violation of this Section by a | ||||||
23 | person not confined in a
penal institution who has been | ||||||
24 | convicted of a forcible felony, a felony
violation of Article | ||||||
25 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
26 | Act, stalking or aggravated stalking, or a Class 2 or greater |
| |||||||
| |||||||
1 | felony
under the Illinois Controlled Substances Act, the | ||||||
2 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
3 | Community Protection Act is a
Class 2 felony for which the | ||||||
4 | person
shall be sentenced to not less than 3 years and not more | ||||||
5 | than 14 years .
Violation of this Section by a person who is on | ||||||
6 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
7 | which the person shall be sentenced to not less than 3 years | ||||||
8 | and not more than 14
years . Violation of this Section by a | ||||||
9 | person not confined in a penal
institution is a Class X felony | ||||||
10 | when the firearm possessed is a machine gun.
Any person who | ||||||
11 | violates this Section while confined in a penal
institution, | ||||||
12 | which is a facility of the Illinois Department of
Corrections, | ||||||
13 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
14 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
15 | intent with which he possesses it, a Class X
felony if he | ||||||
16 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
17 | Class X felony for which the offender shall be sentenced to not | ||||||
18 | less than 12
years and not more than 50 years when the firearm | ||||||
19 | possessed is a machine
gun. A violation of this Section while | ||||||
20 | wearing or in possession of body armor as defined in Section | ||||||
21 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
22 | of not less than 10 years and not more than 40 years .
The | ||||||
23 | possession of each firearm or firearm ammunition in violation | ||||||
24 | of this Section constitutes a single and separate violation.
| ||||||
25 | (Source: P.A. 97-237, eff. 1-1-12.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
2 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
3 | ammunition.
| ||||||
4 | (a) A person commits the offense of unlawful possession of | ||||||
5 | firearms
or firearm ammunition when:
| ||||||
6 | (1) He is under 18 years of age and has in his | ||||||
7 | possession
any firearm of
a size which may be concealed | ||||||
8 | upon the person; or
| ||||||
9 | (2) He is under 21 years of age, has been convicted of | ||||||
10 | a misdemeanor involving an offense directed against the | ||||||
11 | person, stalking, domestic violence, an offense involving | ||||||
12 | a weapon, or other offense in which the sentencing order | ||||||
13 | prohibited the person from possessing a firearm or firearm | ||||||
14 | ammunition,
other than a traffic offense , or adjudged | ||||||
15 | delinquent and has
any firearms or
firearm ammunition in | ||||||
16 | his possession; or
| ||||||
17 | (3) He is a narcotic addict and has
any firearms or | ||||||
18 | firearm ammunition
in his possession; or
| ||||||
19 | (4) He has been a patient in a mental institution | ||||||
20 | within the past 5 years
and has
any firearms or firearm | ||||||
21 | ammunition in his possession. For purposes of this | ||||||
22 | paragraph (4): | ||||||
23 | "Mental institution" means any hospital, | ||||||
24 | institution, clinic, evaluation facility, mental | ||||||
25 | health center, or part thereof, which is used primarily | ||||||
26 | for the care or treatment of persons with mental |
| |||||||
| |||||||
1 | illness. | ||||||
2 | "Patient in a mental institution" means the person | ||||||
3 | was admitted, either voluntarily or involuntarily, to | ||||||
4 | a mental institution for mental health treatment, | ||||||
5 | unless the treatment was voluntary and solely for an | ||||||
6 | alcohol abuse disorder and no other secondary | ||||||
7 | substance abuse disorder or mental illness; or
| ||||||
8 | (5) He is a person with an intellectual disability and | ||||||
9 | has
any firearms or firearm ammunition
in his possession; | ||||||
10 | or
| ||||||
11 | (6) He has in his possession any explosive bullet.
| ||||||
12 | For purposes of this paragraph "explosive bullet" means the | ||||||
13 | projectile
portion of an ammunition cartridge which contains or | ||||||
14 | carries an explosive
charge which will explode upon contact | ||||||
15 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
16 | tubular metal case having a projectile affixed at the
front | ||||||
17 | thereof and a cap or primer at the rear end thereof, with the | ||||||
18 | propellant
contained in such tube between the projectile and | ||||||
19 | the cap.
| ||||||
20 | (b) Sentence.
| ||||||
21 | Unlawful possession of firearms , other than handguns, and | ||||||
22 | firearm
ammunition , other than paragraph (6) of subsection (a) | ||||||
23 | of this Section, is a Class A misdemeanor. Unlawful possession | ||||||
24 | of firearm ammunition under paragraph (6) of subsection (a) of | ||||||
25 | this Section handguns is a Class 4 felony. The possession of | ||||||
26 | each firearm or firearm ammunition in violation of this Section |
| |||||||
| |||||||
1 | constitutes a single and separate violation.
| ||||||
2 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
3 | Section prohibits
a person under 18 years of age from | ||||||
4 | participating in any lawful recreational
activity with a | ||||||
5 | firearm such as, but not limited to, practice shooting at
| ||||||
6 | targets upon established public or private target ranges or | ||||||
7 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
8 | Code or the Fish and Aquatic Life
Code.
| ||||||
9 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
10 | Section 35. The Cannabis Control Act is amended by changing | ||||||
11 | Sections 1, 4, 5, 5.2, 8, 9, 10, 16.1, and 16.2 and by adding | ||||||
12 | Section 10.4 as follows:
| ||||||
13 | (720 ILCS 550/1) (from Ch. 56 1/2, par. 701)
| ||||||
14 | Sec. 1.
| ||||||
15 | The General Assembly recognizes that (1) the current state | ||||||
16 | of scientific
and medical knowledge concerning the effects of | ||||||
17 | cannabis makes it necessary
to acknowledge the physical, | ||||||
18 | psychological and sociological damage which is
incumbent upon | ||||||
19 | its use; and (2) the use of cannabis occupies the unusual
| ||||||
20 | position of being widely used and pervasive among the citizens | ||||||
21 | of Illinois
despite its harmful effects; and (2) (3) previous | ||||||
22 | legislation enacted to
control or forbid the use of cannabis | ||||||
23 | has often unnecessarily and
unrealistically drawn a large | ||||||
24 | segment of our population within the criminal
justice system |
| |||||||
| |||||||
1 | without succeeding in deterring the expansion of cannabis
use. | ||||||
2 | It is, therefore, the intent of the General Assembly, in the | ||||||
3 | interest
of the health and welfare of the citizens of Illinois, | ||||||
4 | to establish a
reasonable penalty system which is responsive to | ||||||
5 | the current state of
knowledge concerning cannabis , which | ||||||
6 | enhances revenue for public purposes and reduces arrest costs | ||||||
7 | and which directs the greatest efforts of law
enforcement | ||||||
8 | agencies toward the commercial traffickers and large-scale
| ||||||
9 | purveyors of cannabis. To this end, this Act provides wide | ||||||
10 | latitude in the
sentencing discretion of the courts and | ||||||
11 | establishes penalties in a sharply
rising progression based on | ||||||
12 | the amount of cannabis and substances containing cannabis
| ||||||
13 | involved in each case.
| ||||||
14 | (Source: P.A. 77-758.)
| ||||||
15 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| ||||||
16 | Sec. 4. Cannabis possession. It is unlawful for any person | ||||||
17 | knowingly to possess the amount of cannabis listed in this | ||||||
18 | Section . Any person
who violates this section with respect to:
| ||||||
19 | (a) not more than 57 2.5 grams of any substance | ||||||
20 | containing cannabis commits a civil violation and shall be | ||||||
21 | fined $25 is
guilty of a Class C misdemeanor ;
| ||||||
22 | (b) (blank); more than 2.5 grams but not more than 10 | ||||||
23 | grams of any substance
containing cannabis is guilty of a | ||||||
24 | Class B misdemeanor;
| ||||||
25 | (c) (blank); more than 10 grams but not more than 30 |
| |||||||
| |||||||
1 | grams of any substance
containing cannabis is guilty of a | ||||||
2 | Class A misdemeanor; provided, that if
any offense under | ||||||
3 | this subsection (c) is a subsequent offense, the offender
| ||||||
4 | shall be guilty of a Class 4 felony;
| ||||||
5 | (d) more than 57 30 grams but not more than 500 grams | ||||||
6 | of any substance
containing cannabis is guilty of a Class A | ||||||
7 | misdemeanor 4 felony ; provided that if any
offense under | ||||||
8 | this subsection (d) is a subsequent offense, the offender
| ||||||
9 | shall be guilty of a Class 4 3 felony;
| ||||||
10 | (e) more than 500 grams but not more than 2,000 grams | ||||||
11 | of any substance
containing cannabis is guilty
of a Class 4 | ||||||
12 | 3 felony;
| ||||||
13 | (f) more than 2,000 grams but not more than 5,000 grams | ||||||
14 | of any
substance containing cannabis is guilty of a Class 3 | ||||||
15 | 2 felony;
| ||||||
16 | (g) more than 5,000 grams of any substance containing | ||||||
17 | cannabis is guilty
of a Class 2 1 felony.
| ||||||
18 | If a person 18 years of age or under commits a violation of | ||||||
19 | Section 4(a), he or she shall be subject to a civil fine of $25 | ||||||
20 | and the local authorities having jurisdiction shall mail a copy | ||||||
21 | of the notice of violation to the parent or guardian of the | ||||||
22 | person to whom the notice of violation is issued at the address | ||||||
23 | provided by the person at the time the citation is issued under | ||||||
24 | Section 10.4. | ||||||
25 | A violation of Section 4(a) shall not constitute a criminal | ||||||
26 | offense, drug offense, or a finding of guilt of a criminal or |
| |||||||
| |||||||
1 | drug offense or be considered a conviction of this Section or | ||||||
2 | Act or a lesser included crime of a criminal offense and shall | ||||||
3 | not subject a person to any other form of criminal or civil | ||||||
4 | punishment or denial of any rights or privileges under State | ||||||
5 | law. | ||||||
6 | (Source: P.A. 90-397, eff. 8-15-97 .)
| ||||||
7 | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| ||||||
8 | Sec. 5. Cannabis manufacture, delivery, or
possession with | ||||||
9 | intent to deliver, or manufacture. It is unlawful for any | ||||||
10 | person knowingly to manufacture, deliver, or
possess with | ||||||
11 | intent to deliver, or manufacture, the amounts of cannabis | ||||||
12 | listed in this Section . Any person who
violates this section | ||||||
13 | with respect to:
| ||||||
14 | (a) not more than 57 2.5 grams of any substance | ||||||
15 | containing cannabis commits a civil violation and shall be | ||||||
16 | fined $25 is
guilty of a Class B misdemeanor ;
| ||||||
17 | (b) (blank); more than 2.5 grams but not more than 10 | ||||||
18 | grams of any substance
containing cannabis is guilty of a | ||||||
19 | Class A misdemeanor;
| ||||||
20 | (c) (blank); more than 10 grams but not more than 30 | ||||||
21 | grams of any substance
containing cannabis is guilty of a | ||||||
22 | Class 4 felony;
| ||||||
23 | (d) more than 57 30 grams but not more than 500 grams | ||||||
24 | of any substance
containing cannabis is guilty of a Class A | ||||||
25 | misdemeanor 3 felony for which a fine not
to exceed $25,000 |
| |||||||
| |||||||
1 | $50,000 may be imposed;
| ||||||
2 | (e) more than 500 grams but not more than 2,000 grams | ||||||
3 | of any substance
containing cannabis is guilty
of a Class 3 | ||||||
4 | 2 felony for which a fine not to exceed $100,000 may be
| ||||||
5 | imposed;
| ||||||
6 | (f) more than 2,000 grams but not more than 5,000 grams | ||||||
7 | of any
substance containing cannabis is guilty of a Class 2 | ||||||
8 | 1 felony for which a
fine not to exceed $150,000 may be | ||||||
9 | imposed;
| ||||||
10 | (g) more than 5,000 grams of any substance containing | ||||||
11 | cannabis is guilty
of a Class 1 X felony for which a fine | ||||||
12 | not to exceed $200,000 may be imposed.
| ||||||
13 | A violation of Section 5(a) shall not constitute a criminal | ||||||
14 | offense, drug offense, or a finding of guilt of a criminal or | ||||||
15 | drug offense or be considered a conviction of this Section or | ||||||
16 | Act or a lesser included crime of a criminal offense and shall | ||||||
17 | not subject a person to any other form of criminal or civil | ||||||
18 | punishment or denial of any rights or privileges under State | ||||||
19 | law. | ||||||
20 | (Source: P.A. 90-397, eff. 8-15-97.)
| ||||||
21 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||
22 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
23 | (a) Any person who violates subsection (g) (e) of Section 5 | ||||||
24 | in any school,
on the real property comprising any school, or | ||||||
25 | any conveyance owned, leased
or contracted by a school to |
| |||||||
| |||||||
1 | transport students to or from school or a
school related | ||||||
2 | activity, or on any public way within
1,000 feet of the real | ||||||
3 | property comprising any school, or any conveyance
owned, leased | ||||||
4 | or contracted by a school to transport students to or from
| ||||||
5 | school or a school related activity, during the school year and | ||||||
6 | during school hours, is guilty of a Class
1 felony, the fine | ||||||
7 | for which shall not exceed $200,000;
| ||||||
8 | (b) Any person who violates subsection (f) (d) of Section 5 | ||||||
9 | in any school,
on the real property comprising any school, or | ||||||
10 | any conveyance owned, leased
or contracted by a school to | ||||||
11 | transport students to or from school or a
school related | ||||||
12 | activity, or on any public way within 1,000 feet of the real
| ||||||
13 | property comprising any school, or any conveyance owned, leased | ||||||
14 | or
contracted by a school to transport students to or from | ||||||
15 | school or a school
related activity, during the school year and | ||||||
16 | during school hours, is guilty of a Class 2 felony, the fine | ||||||
17 | for which shall
not exceed $100,000;
| ||||||
18 | (c) Any person who violates subsection (e) (c) of Section 5 | ||||||
19 | in any school,
on the real property comprising any school, or | ||||||
20 | any conveyance owned, leased
or contracted by a school to | ||||||
21 | transport students to or from school or a
school related | ||||||
22 | activity, or on any public way within 1,000 feet of the real
| ||||||
23 | property comprising any school, or any conveyance owned, leased | ||||||
24 | or
contracted by a school to transport students to or from | ||||||
25 | school or a school
related activity, during the school year and | ||||||
26 | during school hours, is guilty of a Class 3 felony, the fine |
| |||||||
| |||||||
1 | for which shall
not exceed $50,000;
| ||||||
2 | (d) Any person who violates subsection (d) (b) of Section 5 | ||||||
3 | in any school,
on the real property comprising any school, or | ||||||
4 | any conveyance owned, leased
or contracted by a school to | ||||||
5 | transport students to or from school or a
school related | ||||||
6 | activity, or on any public way within 1,000 feet of the real
| ||||||
7 | property comprising any school, or any conveyance owned, leased | ||||||
8 | or
contracted by a school to transport students to or from | ||||||
9 | school or a school
related activity, during the school year and | ||||||
10 | during school hours, is guilty of a Class 4 felony, the fine | ||||||
11 | for which shall
not exceed $25,000;
| ||||||
12 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
13 | any school,
on the real property comprising any school, or any | ||||||
14 | conveyance owned, leased
or contracted by a school to transport | ||||||
15 | students to or from school or a
school related activity, on any | ||||||
16 | public way within 1,000 feet of the real
property comprising | ||||||
17 | any school, or any conveyance owned, leased or
contracted by a | ||||||
18 | school to transport students to or from school or a school
| ||||||
19 | related activity, during the school year and during school | ||||||
20 | hours, is guilty of a Class A misdemeanor.
| ||||||
21 | (Source: P.A. 87-544.)
| ||||||
22 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||||||
23 | Sec. 8. It is unlawful for any person knowingly to produce | ||||||
24 | the
cannabis sativa plant or to possess the amount of such | ||||||
25 | plants listed in this Section unless production , processing, |
| |||||||
| |||||||
1 | growing, or possession
has been authorized under pursuant to | ||||||
2 | the provisions of Section 11 or 15.2 of this the Act.
Any | ||||||
3 | person who violates this Section with respect to production , | ||||||
4 | processing, growing, or possession of:
| ||||||
5 | (a) Not more than 5 plants , provided the violation is | ||||||
6 | not conducted openly or publicly and not for sale or | ||||||
7 | consideration, commits a civil violation and shall be fined | ||||||
8 | $25 is guilty of a Class A misdemeanor .
| ||||||
9 | (a-5) Not more than 5 plants, provided the violation is | ||||||
10 | conducted openly or publicly or for sale or consideration, | ||||||
11 | commits a Class A misdemeanor. | ||||||
12 | (b) More than 5, but not more than 20 plants, is guilty
| ||||||
13 | of a Class A misdemeanor 4 felony .
| ||||||
14 | (c) More than 20, but not more than 50 plants, is
| ||||||
15 | guilty of a Class 3 felony.
| ||||||
16 | (d) More than 50, but not more than 200 plants, is | ||||||
17 | guilty of a Class 2 felony for which
a fine not to exceed | ||||||
18 | $100,000 may be imposed and for which liability for
the | ||||||
19 | cost of conducting the investigation and eradicating such | ||||||
20 | plants may be
assessed. Compensation for expenses incurred | ||||||
21 | in the enforcement of this
provision shall be transmitted | ||||||
22 | to and deposited in the treasurer's office
at the level of | ||||||
23 | government represented by the Illinois law enforcement
| ||||||
24 | agency whose officers or employees conducted the | ||||||
25 | investigation or caused
the arrest or arrests leading to | ||||||
26 | the prosecution, to be subsequently made
available to that |
| |||||||
| |||||||
1 | law enforcement agency as expendable receipts for use in
| ||||||
2 | the enforcement of laws regulating controlled substances | ||||||
3 | and cannabis. If
such seizure was made by a combination of | ||||||
4 | law enforcement personnel
representing different levels of | ||||||
5 | government, the court levying the
assessment shall | ||||||
6 | determine the allocation of such assessment. The proceeds
| ||||||
7 | of assessment awarded to the State treasury shall be | ||||||
8 | deposited in a special
fund known as the Drug Traffic | ||||||
9 | Prevention Fund. | ||||||
10 | (e) More than 200 plants is guilty of a Class 1 felony | ||||||
11 | for which
a fine not to exceed $100,000 may be imposed and | ||||||
12 | for which liability for
the cost of conducting the | ||||||
13 | investigation and eradicating such plants may be
assessed. | ||||||
14 | Compensation for expenses incurred in the enforcement of | ||||||
15 | this
provision shall be transmitted to and deposited in the | ||||||
16 | treasurer's office
at the level of government represented | ||||||
17 | by the Illinois law enforcement
agency whose officers or | ||||||
18 | employees conducted the investigation or caused
the arrest | ||||||
19 | or arrests leading to the prosecution, to be subsequently | ||||||
20 | made
available to that law enforcement agency as expendable | ||||||
21 | receipts for use in
the enforcement of laws regulating | ||||||
22 | controlled substances and cannabis. If
such seizure was | ||||||
23 | made by a combination of law enforcement personnel
| ||||||
24 | representing different levels of government, the court | ||||||
25 | levying the
assessment shall determine the allocation of | ||||||
26 | such assessment. The proceeds
of assessment awarded to the |
| |||||||
| |||||||
1 | State treasury shall be deposited in a special
fund known | ||||||
2 | as the Drug Traffic Prevention Fund.
| ||||||
3 | A violation of subsection (a) of this Section shall not | ||||||
4 | constitute a criminal offense, drug offense, or a finding of | ||||||
5 | guilt of a criminal or drug offense or be considered a | ||||||
6 | conviction of this Section or Act or a lesser included crime of | ||||||
7 | a criminal offense and shall not subject a person to any other | ||||||
8 | form of criminal or civil punishment or denial of any rights or | ||||||
9 | privileges under State law. | ||||||
10 | (Source: P.A. 98-1072, eff. 1-1-15 .)
| ||||||
11 | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
| ||||||
12 | Sec. 9.
(a) Any person who engages in a calculated criminal
| ||||||
13 | cannabis conspiracy, as defined in subsection (b), is guilty of | ||||||
14 | a Class
3 felony, and fined not more than $200,000 and shall be | ||||||
15 | subject to the
forfeitures prescribed in subsection (c); except | ||||||
16 | that, if any person
engages in such offense after one or more | ||||||
17 | prior convictions under this
Section, Section 4 (d), Section 5 | ||||||
18 | (d), Section 8 (d) or any law of the United
States
or of any | ||||||
19 | State relating to cannabis, or controlled substances as
defined | ||||||
20 | in the Illinois Controlled Substances Act, in addition to the
| ||||||
21 | fine and forfeiture authorized above, he shall be guilty of a | ||||||
22 | Class 1
felony for which an offender may not be sentenced to | ||||||
23 | death.
| ||||||
24 | (b) For purposes of this section, a person engages in a | ||||||
25 | calculated
criminal cannabis conspiracy when:
|
| |||||||
| |||||||
1 | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 | ||||||
2 | (c)
or 8 (d) of this Act; and
| ||||||
3 | (2) such violation is a part of a conspiracy undertaken | ||||||
4 | or carried
on with 2 or more other persons; and
| ||||||
5 | (3) he obtains anything of value greater than $500 | ||||||
6 | from, or
organizes, directs or finances such violation or | ||||||
7 | conspiracy.
| ||||||
8 | (c) Any person who is convicted under this Section of | ||||||
9 | engaging in a
calculated criminal cannabis conspiracy shall | ||||||
10 | forfeit to the State of
Illinois:
| ||||||
11 | (1) the receipts obtained by him in such conspiracy; | ||||||
12 | and
| ||||||
13 | (2) any of his interests in, claims against, receipts | ||||||
14 | from, or
property or rights of any kind affording a source | ||||||
15 | of influence over,
such conspiracy.
| ||||||
16 | (d) The circuit court may enter such injunctions, | ||||||
17 | restraining
orders, directions, or prohibitions, or take such | ||||||
18 | other actions,
including the acceptance of satisfactory | ||||||
19 | performance bonds, in
connection with any property, claim, | ||||||
20 | receipt, right or other interest
subject to forfeiture under | ||||||
21 | this Section, as it deems proper.
| ||||||
22 | (Source: P.A. 84-1233.)
| ||||||
23 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
24 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
25 | been convicted of, or placed
on probation or court supervision |
| |||||||
| |||||||
1 | for, any offense under this Act or any
law of the United States | ||||||
2 | or of any State relating to cannabis, or controlled
substances | ||||||
3 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
4 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
5 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
6 | entering a
judgment and with the consent of such person, | ||||||
7 | sentence him to probation.
| ||||||
8 | (b) When a person is placed on probation, the court shall | ||||||
9 | enter an order
specifying a period of probation of 24 months, | ||||||
10 | and shall defer further
proceedings in
the case until the | ||||||
11 | conclusion of the period or until the filing of a petition
| ||||||
12 | alleging violation of a term or condition of probation.
| ||||||
13 | (c) The conditions of probation shall be that the person: | ||||||
14 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
15 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
16 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
17 | as ordered by the court, but no less than 3 times during the | ||||||
18 | period of
the probation, with the cost of the testing to be | ||||||
19 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
20 | of community service, provided community
service is available | ||||||
21 | in the jurisdiction and is funded and approved by the
county | ||||||
22 | board.
| ||||||
23 | (d) The court may, in addition to other conditions, require
| ||||||
24 | that the person:
| ||||||
25 | (1) make a report to and appear in person before or | ||||||
26 | participate with the
court or such courts, person, or |
| |||||||
| |||||||
1 | social service agency as directed by the
court in the order | ||||||
2 | of probation;
| ||||||
3 | (2) pay a fine and costs;
| ||||||
4 | (3) work or pursue a course of study or vocational | ||||||
5 | training;
| ||||||
6 | (4) undergo medical or psychiatric treatment; or | ||||||
7 | treatment for drug
addiction or alcoholism;
| ||||||
8 | (5) attend or reside in a facility established for the | ||||||
9 | instruction or
residence of defendants on probation;
| ||||||
10 | (6) support his dependents;
| ||||||
11 | (7) refrain from possessing a firearm or other | ||||||
12 | dangerous weapon;
| ||||||
13 | (7-5) refrain from having in his or her body the | ||||||
14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
16 | Methamphetamine Control and Community Protection Act, | ||||||
17 | unless prescribed by a physician, and submit samples of
his | ||||||
18 | or her blood or urine or both for tests to determine the | ||||||
19 | presence of any
illicit drug;
| ||||||
20 | (8) and in addition, if a minor:
| ||||||
21 | (i) reside with his parents or in a foster home;
| ||||||
22 | (ii) attend school;
| ||||||
23 | (iii) attend a non-residential program for youth;
| ||||||
24 | (iv) contribute to his own support at home or in a | ||||||
25 | foster home.
| ||||||
26 | (e) Upon violation of a term or condition of probation, the
|
| |||||||
| |||||||
1 | court
may enter a judgment on its original finding of guilt and | ||||||
2 | proceed as otherwise
provided.
| ||||||
3 | (f) Upon fulfillment of the terms and
conditions of | ||||||
4 | probation, the court shall discharge such person and dismiss
| ||||||
5 | the proceedings against him.
| ||||||
6 | (g) A disposition of probation is considered to be a | ||||||
7 | conviction
for the purposes of imposing the conditions of | ||||||
8 | probation and for appeal,
however, discharge and dismissal | ||||||
9 | under this Section is not a conviction for
purposes of | ||||||
10 | disqualification or disabilities imposed by law upon | ||||||
11 | conviction of
a crime (including the additional penalty imposed | ||||||
12 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
13 | of this Act).
| ||||||
14 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
15 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
16 | Methamphetamine Control and Community Protection Act, Section | ||||||
17 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
18 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012 may occur only once
with respect to | ||||||
20 | any person.
| ||||||
21 | (i) If a person is convicted of an offense under this Act, | ||||||
22 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
23 | Control and Community Protection Act within 5 years
subsequent | ||||||
24 | to a discharge and dismissal under this Section, the discharge | ||||||
25 | and
dismissal under this Section shall be admissible in the | ||||||
26 | sentencing proceeding
for that conviction
as a factor in |
| |||||||
| |||||||
1 | aggravation.
| ||||||
2 | (j) Notwithstanding subsection (a), before a person is | ||||||
3 | sentenced to probation under this Section, the court may refer | ||||||
4 | the person to the drug court established in that judicial | ||||||
5 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
6 | The drug court team shall evaluate the person's likelihood of | ||||||
7 | successfully completing a sentence of probation under this | ||||||
8 | Section and shall report the results of its evaluation to the | ||||||
9 | court. If the drug court team finds that the person suffers | ||||||
10 | from a substance abuse problem that makes him or her | ||||||
11 | substantially unlikely to successfully complete a sentence of | ||||||
12 | probation under this Section, then the drug court shall set | ||||||
13 | forth its findings in the form of a written order, and the | ||||||
14 | person shall not be sentenced to probation under this Section, | ||||||
15 | but may be considered for the drug court program. | ||||||
16 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
17 | (720 ILCS 550/10.4 new) | ||||||
18 | Sec. 10.4. Civil violations. | ||||||
19 | (a) For violations of Section 4 (a), Section 5 (a) and | ||||||
20 | Section 8 (a), the local authorities having jurisdiction shall | ||||||
21 | issue a notice of violation, which shall be uniform throughout | ||||||
22 | the State. The notice of violation shall include: | ||||||
23 | (1) the name and address of the person subject to the | ||||||
24 | notice of violation; | ||||||
25 | (2) the date and time the violation occurred; |
| |||||||
| |||||||
1 | (3) the municipality or county where the violation | ||||||
2 | occurred; | ||||||
3 | (4) the statutory fine for the violation; | ||||||
4 | (5) the date by which the fine must be paid or an | ||||||
5 | answer must be entered; | ||||||
6 | (6) a warning that failure to pay the fine or answer | ||||||
7 | may result in a penalty fine; and | ||||||
8 | (7) a notice that the person may admit the violation | ||||||
9 | and pay the fine, admit the violation and request a hearing | ||||||
10 | or deny the violation and request a hearing. | ||||||
11 | (b) A person who has violated Section 4(a), Section 5(a) or | ||||||
12 | Section 8(a) of this Act, upon request, shall inform the local | ||||||
13 | authorities of his or her name and address for the purpose of | ||||||
14 | including that information on a notice of violation; provided, | ||||||
15 | that no person shall be required to possess or display any | ||||||
16 | documentary proof of his or her name or address. A person who | ||||||
17 | refuses to provide his or her name and address or who knowingly | ||||||
18 | provides an incorrect name or address to local authorities in | ||||||
19 | violation of this subsection (b) shall be fined an additional | ||||||
20 | $100. | ||||||
21 | (c) Local authorities shall not issue a notice of violation | ||||||
22 | to persons possessing a registry identification card as defined | ||||||
23 | in the Compassionate Use of Medical Cannabis Pilot Program Act. | ||||||
24 | (d) A person shall answer a notice of violation within 14 | ||||||
25 | calendar days of the date the notice of violation was issued in | ||||||
26 | person or by mail as follows: |
| |||||||
| |||||||
1 | (1) admit the violation; | ||||||
2 | (2) admit the violation, but with an explanation; or | ||||||
3 | (3) deny the violation. | ||||||
4 | (e) For the purposes of answering a notice of violation, a | ||||||
5 | person who: | ||||||
6 | (1) admits the violation shall, at the time of | ||||||
7 | submitting his or her answer, pay the fine
as set forth in | ||||||
8 | Section 4(a), Section 5(a), or Section 8(a) of this Act in | ||||||
9 | person or by mail and, if applicable, the fine in | ||||||
10 | subsection (b) of this Section; | ||||||
11 | (2) denies the violation shall receive notice of an | ||||||
12 | administrative hearing within 14 days of receipt of her or | ||||||
13 | his answer a notice with information about a hearing date; | ||||||
14 | (3) admits the violation with an explanation shall | ||||||
15 | receive notice of an administrative hearing within 14 days | ||||||
16 | of receipt of her or his answer a notice with information | ||||||
17 | about a hearing date. | ||||||
18 | (f) A person who fails to respond to the notice of | ||||||
19 | violation within 14 calendar days of the date of issuance shall | ||||||
20 | be found liable for a civil violation and in default and shall | ||||||
21 | be assessed both the fine as set forth in Section 4(a), Section | ||||||
22 | 5(a), or Section 8(a) of this Act and an additional penalty | ||||||
23 | equal to the amount of the fine. | ||||||
24 | (g) Upon consideration of the evidence at the hearing, the | ||||||
25 | adjudicator shall make one of the following determinations: | ||||||
26 | (1) dismiss the violation, if the adjudicator finds |
| |||||||
| |||||||
1 | that a violation was not established; | ||||||
2 | (2) dismiss the violation, if another law in this State | ||||||
3 | provides immunity to the establishment of a notice of | ||||||
4 | violation under this Act, such as a registry | ||||||
5 | indemnification card issued under the Compassionate Use of | ||||||
6 | Medical Cannabis Pilot Program Act; or | ||||||
7 | (3) require the payment of the civil fine set forth in | ||||||
8 | Section 4(a), Section 5(a), or Section 8(a) of this Act if | ||||||
9 | a determination is made that the violation has been | ||||||
10 | established. | ||||||
11 | (h) A person who has answered a notice of violation, but | ||||||
12 | fails, without good cause, to appear at the scheduled hearing | ||||||
13 | shall be found liable for a violation of Section 4(a), Section | ||||||
14 | 5(a), or Section 8(a) of this Act and in default and shall be | ||||||
15 | assessed both the fine a set forth in the applicable Section | ||||||
16 | and an additional penalty equal to the amount of the fine. | ||||||
17 | (i) Civil violations of Section 4(a), Section 5(a), and | ||||||
18 | Section 8(a) of this Act shall be adjudicated through | ||||||
19 | administrative hearing in any municipality or county in | ||||||
20 | accordance with this Section. The adjudicator shall determine | ||||||
21 | whether a civil violation has been established by a | ||||||
22 | preponderance of the evidence. Any ordinance establishing a | ||||||
23 | system of administrative adjudication under this Section shall | ||||||
24 | provide for an administrator authorized to adopt, distribute, | ||||||
25 | and process the notice of violation and other notices required | ||||||
26 | by this Section, collect money paid as fines and operate an |
| |||||||
| |||||||
1 | administrative adjudication system. | ||||||
2 | (j) Nothing contained in this Section shall prohibit a | ||||||
3 | local government from enacting an ordinance regulating or | ||||||
4 | prohibiting the consumption of cannabis in public provided that | ||||||
5 | the penalties are not greater than those for the public | ||||||
6 | consumption of alcohol. | ||||||
7 | (k) The issuance of a notice of violation or a | ||||||
8 | determination that the violation has been established shall not | ||||||
9 | be considered a criminal offense or a drug offense or a finding | ||||||
10 | of guilt of a criminal or drug offense, a criminal conviction | ||||||
11 | or a violation of parole, mandatory supervised release, | ||||||
12 | probation, conditional discharge, or supervision. | ||||||
13 | (l) The receipt of a notice of violation or a hearing for a | ||||||
14 | violation of Section 4(a), Section 5(a), or Section 8(a) of | ||||||
15 | this Act shall not create a criminal history record of any kind | ||||||
16 | and no information about the violation shall be maintained in | ||||||
17 | any criminal or public record or database and shall not be | ||||||
18 | subject to public inspection. | ||||||
19 | (m) No other fines, fees, penalties, or costs shall be | ||||||
20 | assessed on a finding of liability for a violation of Section | ||||||
21 | 4(a), Section 5(a), or Section 8(a) of this Act except as set | ||||||
22 | forth in subsections (b) and (h) of this Section. | ||||||
23 | (n) The provisions of this Section shall be applicable and | ||||||
24 | uniform throughout this State and in all political subdivisions | ||||||
25 | in this State, and no local authority shall enact or enforce | ||||||
26 | any ordinance, rule, or regulation in conflict with this Act, |
| |||||||
| |||||||
1 | unless expressly authorized by this Act. Local authorities may, | ||||||
2 | however, adopt additional regulations which are not in conflict | ||||||
3 | with the provisions of this Act.
| ||||||
4 | (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
| ||||||
5 | Sec. 16.1.
In any prosecution for any violation of this | ||||||
6 | Act, except for violations of Sections 4(a), 5(a), and 8(a) of | ||||||
7 | this Act, it shall
be an affirmative defense that the substance | ||||||
8 | possessed by the defendant
was regulated as a controlled | ||||||
9 | substance under the Illinois Controlled Substances
Act. In | ||||||
10 | order to raise
this affirmative defense, the defendant shall | ||||||
11 | give notice thereof to the
State not less than 7 days prior to | ||||||
12 | trial.
| ||||||
13 | (Source: P.A. 84-1313; 84-1362.)
| ||||||
14 | (720 ILCS 550/16.2) | ||||||
15 | Sec. 16.2. Preservation of cannabis or cannabis sativa | ||||||
16 | plants for laboratory testing. | ||||||
17 | (a) Before or after the trial in a prosecution for a | ||||||
18 | violation of subsection (d), (e), (f), or (g) of Section 4, | ||||||
19 | subsection (d), (e), (f), or (g) of Section 5, subsection (b), | ||||||
20 | (c), (d), or (e) of Section 8, or Section 5.1, 5.2, or 9 of this | ||||||
21 | Act Section 4, 5, 5.1, 5.2, 8, or 9 of this Act , a law | ||||||
22 | enforcement agency or an agent acting on behalf of the law | ||||||
23 | enforcement agency must preserve, subject to a continuous chain | ||||||
24 | of custody, not less than 6,001 grams of any substance |
| |||||||
| |||||||
1 | containing cannabis and not less than 51 cannabis sativa plants | ||||||
2 | with respect to the offenses enumerated in this subsection (a) | ||||||
3 | and must maintain sufficient documentation to locate that | ||||||
4 | evidence. Excess quantities with respect to the offenses | ||||||
5 | enumerated in this subsection (a) cannot practicably be | ||||||
6 | retained by a law enforcement agency because of its size, bulk, | ||||||
7 | and physical character. | ||||||
8 | (b) The court may before trial transfer excess quantities | ||||||
9 | of any substance containing cannabis or cannabis sativa plants | ||||||
10 | with respect to a prosecution for any offense enumerated in | ||||||
11 | subsection (a) to the sheriff of the county, or may in its | ||||||
12 | discretion transfer such evidence to the Department of State | ||||||
13 | Police, for destruction after notice is given to the | ||||||
14 | defendant's attorney of record or to the defendant if the | ||||||
15 | defendant is proceeding pro se. | ||||||
16 | (c) After a judgment of conviction is entered and the | ||||||
17 | charged quantity is no longer needed for evidentiary purposes | ||||||
18 | with respect to a prosecution for any offense enumerated in | ||||||
19 | subsection (a), the court may transfer any substance containing | ||||||
20 | cannabis or cannabis sativa plants to the sheriff of the | ||||||
21 | county, or may in its discretion transfer such evidence to the | ||||||
22 | Department of State Police, for destruction after notice is | ||||||
23 | given to the defendant's attorney of record or to the defendant | ||||||
24 | if the defendant is proceeding pro se. No evidence shall be | ||||||
25 | disposed of until 30 days after the judgment is entered, and if | ||||||
26 | a notice of appeal is filed, no evidence shall be disposed of |
| |||||||
| |||||||
1 | until the mandate has been received by the circuit court from | ||||||
2 | the Appellate Court.
| ||||||
3 | (Source: P.A. 94-180, eff. 7-12-05.) | ||||||
4 | Section 40. The Illinois Controlled Substances Act is | ||||||
5 | amended by changing Sections 401 and 402 as follows:
| ||||||
6 | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||||||
7 | Sec. 401. Except as authorized by this Act, it is unlawful | ||||||
8 | for any
person knowingly to manufacture or deliver, or possess | ||||||
9 | with intent to
manufacture or deliver, a controlled substance | ||||||
10 | other than methamphetamine, a counterfeit substance, or a | ||||||
11 | controlled
substance analog. A violation of this Act with | ||||||
12 | respect to each of the controlled
substances listed herein | ||||||
13 | constitutes a single and separate violation of this
Act. For | ||||||
14 | purposes of this Section, "controlled substance analog" or | ||||||
15 | "analog"
means a substance, other than a controlled substance, | ||||||
16 | that has a chemical structure substantially similar to that of | ||||||
17 | a controlled
substance in Schedule I or II, or that was | ||||||
18 | specifically designed to produce
an effect substantially | ||||||
19 | similar to that of a controlled substance in Schedule
I or II. | ||||||
20 | Examples of chemical classes in which controlled substance | ||||||
21 | analogs
are found include, but are not limited to, the | ||||||
22 | following: phenethylamines,
N-substituted piperidines, | ||||||
23 | morphinans, ecgonines, quinazolinones, substituted
indoles, | ||||||
24 | and arylcycloalkylamines. For purposes of this Act, a |
| |||||||
| |||||||
1 | controlled
substance analog shall be treated in the same manner | ||||||
2 | as the controlled
substance to which it is substantially | ||||||
3 | similar.
| ||||||
4 | (a) Any person who knowingly manufactures or possesses with | ||||||
5 | intent to manufacture violates this Section with respect to the | ||||||
6 | following
amounts of controlled or counterfeit substances or | ||||||
7 | controlled substance
analogs, notwithstanding any of the | ||||||
8 | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | ||||||
9 | contrary, is guilty of the specific felony offenses set forth | ||||||
10 | in this Section a Class X felony
and shall be sentenced to a | ||||||
11 | term of imprisonment as provided in this subsection
(a) and | ||||||
12 | fined as provided in subsection (b):
| ||||||
13 | (1) (A) a Class 2 felony not less than 6 years and not | ||||||
14 | more than 30 years with respect
to 15 grams or more but | ||||||
15 | less than 100 grams of a substance containing
heroin, | ||||||
16 | or an analog thereof;
| ||||||
17 | (B) a Class 1 felony and sentenced to not less than | ||||||
18 | 9 years and not more than 15 40 years with respect to | ||||||
19 | 100
grams or more but less than 400 grams of a | ||||||
20 | substance containing heroin, or
an analog thereof;
| ||||||
21 | (C) a Class X felony and sentenced to not less than | ||||||
22 | 12 years and not more than 25 50 years with respect to
| ||||||
23 | 400 grams or more but less than 900 grams of a | ||||||
24 | substance containing heroin,
or an analog thereof;
| ||||||
25 | (D) a Class X felony and sentenced to not less than | ||||||
26 | 15 years and not more than 30 60 years with respect to
|
| |||||||
| |||||||
1 | 900 grams or more of any substance containing heroin, | ||||||
2 | or an analog thereof;
| ||||||
3 | (1.5) (A) a Class 2 felony not less than 6 years and | ||||||
4 | not more than 30 years with respect to 15 grams or more | ||||||
5 | but less than 100 grams of a substance containing | ||||||
6 | fentanyl, or an analog thereof;
| ||||||
7 | (B) a Class 1 felony and sentenced to not less than | ||||||
8 | 9 years and not more than 15 40 years with respect to | ||||||
9 | 100 grams or more but less than 400 grams of a | ||||||
10 | substance containing fentanyl, or an analog thereof; | ||||||
11 | (C) a Class X felony and sentenced to not less than | ||||||
12 | 12 years and not more than 25 50 years with respect to | ||||||
13 | 400 grams or more but less than 900 grams of a | ||||||
14 | substance containing fentanyl, or an analog thereof; | ||||||
15 | (D) a Class X felony and sentenced to not less than | ||||||
16 | 15 years and not more than 30 60 years with respect to | ||||||
17 | 900 grams or more of a substance containing fentanyl, | ||||||
18 | or an analog thereof;
| ||||||
19 | (2) (A) a Class 2 felony not less than 6 years and not | ||||||
20 | more than 30 years with respect
to 15 grams or more but | ||||||
21 | less than 100 grams of a substance containing
cocaine, | ||||||
22 | or an analog thereof;
| ||||||
23 | (B) a Class 1 felony and sentenced to not less than | ||||||
24 | 9 years and not more than 40 years with respect to 100
| ||||||
25 | grams or more but less than 400 grams of a substance | ||||||
26 | containing cocaine, or
an analog thereof;
|
| |||||||
| |||||||
1 | (C) a Class X felony and sentenced to not less than | ||||||
2 | 12 years and not more than 25 50 years with respect to
| ||||||
3 | 400 grams or more but less than 900 grams of a | ||||||
4 | substance containing cocaine,
or an analog thereof;
| ||||||
5 | (D) a Class X felony and sentenced to not less than | ||||||
6 | 15 years and not more than 30 60 years with respect to
| ||||||
7 | 900 grams or more of any substance containing cocaine, | ||||||
8 | or an analog thereof;
| ||||||
9 | (3) (A) a Class 2 felony not less than 6 years and not | ||||||
10 | more than 30 years with respect
to 15 grams or more but | ||||||
11 | less than 100 grams of a substance containing
morphine, | ||||||
12 | or an analog thereof;
| ||||||
13 | (B) a Class 1 felony and sentenced to not less than | ||||||
14 | 9 years and not more than 15 40 years with respect to
| ||||||
15 | 100 grams or more but less than 400 grams of a | ||||||
16 | substance containing morphine,
or an analog thereof;
| ||||||
17 | (C) a Class X felony and sentenced to not less than | ||||||
18 | 12 years and not more than 25 50 years with respect to
| ||||||
19 | 400 grams or more but less than 900 grams of a | ||||||
20 | substance containing
morphine, or an analog thereof;
| ||||||
21 | (D) a Class X felony and sentenced to not less than | ||||||
22 | 15 years and not more than 30 60 years with respect to
| ||||||
23 | 900 grams or more of a substance containing morphine, | ||||||
24 | or an analog thereof;
| ||||||
25 | (4) a Class 2 felony for 200 grams or more of any | ||||||
26 | substance containing peyote, or an
analog thereof;
|
| |||||||
| |||||||
1 | (5) a Class 2 felony for 200 grams or more of any | ||||||
2 | substance containing a derivative of
barbituric acid or any | ||||||
3 | of the salts of a derivative of barbituric acid, or
an | ||||||
4 | analog thereof;
| ||||||
5 | (6) a Class 2 felony for 200 grams or more of any | ||||||
6 | substance containing amphetamine
or any salt of an optical | ||||||
7 | isomer of amphetamine,
or an analog thereof;
| ||||||
8 | (6.5) (blank);
| ||||||
9 | (6.6) (blank);
| ||||||
10 | (7) (A) a Class 2 felony for not less than 6 years and | ||||||
11 | not more than 30 years with respect
to: (i) 15 grams or | ||||||
12 | more but less than 100 grams of a substance containing
| ||||||
13 | lysergic acid diethylamide (LSD), or an analog | ||||||
14 | thereof, or (ii) 15 or
more objects or 15 or more | ||||||
15 | segregated parts of an object or objects but
less than | ||||||
16 | 200 objects or 200 segregated parts of an object or | ||||||
17 | objects
containing in them or having upon them any | ||||||
18 | amounts of any substance
containing lysergic acid | ||||||
19 | diethylamide (LSD), or an analog thereof;
| ||||||
20 | (B) a Class 1 felony and sentenced to not less than | ||||||
21 | 9 years and not more than 15 40 years with respect
to: | ||||||
22 | (i) 100 grams or more but less than 400 grams of a | ||||||
23 | substance containing
lysergic acid diethylamide (LSD), | ||||||
24 | or an analog thereof, or (ii) 200 or more
objects or | ||||||
25 | 200 or more segregated parts of an object or objects | ||||||
26 | but less
than 600 objects or less than 600 segregated |
| |||||||
| |||||||
1 | parts of an object or objects
containing in them or | ||||||
2 | having upon them any amount of any substance
containing | ||||||
3 | lysergic acid diethylamide (LSD), or an analog | ||||||
4 | thereof;
| ||||||
5 | (C) a Class X felony and sentenced to not less than | ||||||
6 | 12 years and not more than 25 50 years with respect
to: | ||||||
7 | (i) 400 grams or more but less than 900 grams of a | ||||||
8 | substance containing
lysergic acid diethylamide (LSD), | ||||||
9 | or an analog thereof, or (ii) 600 or more
objects or | ||||||
10 | 600 or more segregated parts of an object or objects | ||||||
11 | but less
than 1500 objects or 1500 segregated parts of | ||||||
12 | an object or objects
containing in them or having upon | ||||||
13 | them any amount of any substance
containing lysergic | ||||||
14 | acid diethylamide (LSD), or an analog thereof;
| ||||||
15 | (D) a Class X felony and sentenced to not less than | ||||||
16 | 15 years and not more than 30 60 years with respect
to: | ||||||
17 | (i) 900 grams or more of any substance containing | ||||||
18 | lysergic acid
diethylamide (LSD), or an analog | ||||||
19 | thereof, or (ii) 1500 or more objects or
1500 or more | ||||||
20 | segregated parts of an object or objects containing in | ||||||
21 | them or
having upon them any amount of a substance | ||||||
22 | containing lysergic acid
diethylamide (LSD), or an | ||||||
23 | analog thereof;
| ||||||
24 | (7.5) (A) a Class 2 felony not less than 6 years and | ||||||
25 | not more than 30 years with respect
to:
(i) 15
grams or | ||||||
26 | more but less than 100 grams of a substance listed in |
| |||||||
| |||||||
1 | paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), | ||||||
2 | (20), (20.1), (21), (25), or (26) of subsection
(d) of | ||||||
3 | Section 204, or an analog or derivative thereof, or | ||||||
4 | (ii) 15 or more
pills, tablets, caplets, capsules, or | ||||||
5 | objects but less than 200 pills, tablets,
caplets, | ||||||
6 | capsules, or objects containing in them or having upon | ||||||
7 | them any
amounts of any substance listed in paragraph | ||||||
8 | (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | ||||||
9 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
10 | Section 204, or
an analog or derivative thereof;
| ||||||
11 | (B) a Class 1 felony and sentenced to not less than | ||||||
12 | 9 years and not more than 15 40 years with respect to:
| ||||||
13 | (i) 100 grams or more but less than 400 grams of a | ||||||
14 | substance listed in
paragraph (1), (2), (2.1), (2.2), | ||||||
15 | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of | ||||||
16 | subsection (d) of Section 204, or an analog or
| ||||||
17 | derivative thereof, or (ii) 200 or more pills, tablets, | ||||||
18 | caplets, capsules, or
objects but less than 600 pills, | ||||||
19 | tablets, caplets, capsules, or objects
containing in | ||||||
20 | them or having upon them any amount of any substance | ||||||
21 | listed in
paragraph (1), (2), (2.1), (2.2), (3), | ||||||
22 | (14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||||||
23 | subsection (d) of Section 204, or an analog or | ||||||
24 | derivative thereof;
| ||||||
25 | (C) a Class X felony and sentenced to not less than | ||||||
26 | 12 years and not more than 25 50 years with respect to:
|
| |||||||
| |||||||
1 | (i) 400 grams or more but less than 900 grams of a | ||||||
2 | substance listed in
paragraph (1), (2), (2.1), (2.2), | ||||||
3 | (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||||||
4 | subsection (d) of Section 204, or an analog or | ||||||
5 | derivative thereof,
or (ii) 600 or more pills, tablets, | ||||||
6 | caplets, capsules, or objects but less than
1,500 | ||||||
7 | pills, tablets, caplets, capsules, or objects
| ||||||
8 | containing in them or having upon them any amount of | ||||||
9 | any substance listed in
paragraph (1), (2), (2.1), | ||||||
10 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | ||||||
11 | (26)
of subsection (d) of Section 204, or an analog or | ||||||
12 | derivative thereof;
| ||||||
13 | (D) a Class X felony and sentenced to not less than | ||||||
14 | 15 years and not more than 30 60 years with respect to:
| ||||||
15 | (i) 900 grams or more of any substance listed in | ||||||
16 | paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), | ||||||
17 | (20), (20.1), (21), (25), or (26) of subsection (d) of
| ||||||
18 | Section 204, or an analog or derivative thereof, or | ||||||
19 | (ii) 1,500 or more pills,
tablets, caplets, capsules, | ||||||
20 | or objects containing in them or having upon them
any | ||||||
21 | amount
of a substance listed in paragraph (1), (2), | ||||||
22 | (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), | ||||||
23 | (25), or (26)
of subsection (d) of Section 204, or an | ||||||
24 | analog or derivative thereof;
| ||||||
25 | (8) a Class 2 felony for 30 grams or more of any | ||||||
26 | substance containing pentazocine or any of
the salts, |
| |||||||
| |||||||
1 | isomers and salts of isomers of pentazocine, or an analog | ||||||
2 | thereof;
| ||||||
3 | (9) a Class 2 felony for 30 grams or more of any | ||||||
4 | substance containing methaqualone or any of
the salts, | ||||||
5 | isomers and salts of isomers of methaqualone, or an analog | ||||||
6 | thereof;
| ||||||
7 | (10) a Class 2 felony for 30 grams or more of any | ||||||
8 | substance containing phencyclidine or any
of the salts, | ||||||
9 | isomers and salts of isomers of phencyclidine (PCP),
or an | ||||||
10 | analog thereof;
| ||||||
11 | (10.5) a Class 2 felony for 30 grams or more of any | ||||||
12 | substance containing ketamine
or any of the salts, isomers | ||||||
13 | and salts of isomers of ketamine,
or an analog thereof;
| ||||||
14 | (10.6) a Class 2 felony for 100 grams or more of any | ||||||
15 | substance containing hydrocodone, or any of the salts, | ||||||
16 | isomers and salts of isomers of hydrocodone, or an analog | ||||||
17 | thereof; | ||||||
18 | (10.7) a Class 2 felony for 100 grams or more of any | ||||||
19 | substance containing dihydrocodeinone, or any of the | ||||||
20 | salts, isomers and salts of isomers of dihydrocodeinone, or | ||||||
21 | an analog thereof; | ||||||
22 | (10.8) a Class 2 felony for 100 grams or more of any | ||||||
23 | substance containing dihydrocodeine, or any of the salts, | ||||||
24 | isomers and salts of isomers of dihydrocodeine, or an | ||||||
25 | analog thereof; | ||||||
26 | (10.9) a Class 2 felony for 100 grams or more of any |
| |||||||
| |||||||
1 | substance containing oxycodone, or any of the salts, | ||||||
2 | isomers and salts of isomers of oxycodone, or an analog | ||||||
3 | thereof; | ||||||
4 | (11) a Class 2 felony for 200 grams or more of any | ||||||
5 | substance containing any other controlled
substance | ||||||
6 | classified in Schedules I or II, or an analog thereof, | ||||||
7 | which is
not otherwise included in this subsection.
| ||||||
8 | (b) Any person sentenced with respect to violations of | ||||||
9 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
10 | involving
100 grams or
more of the
controlled substance named | ||||||
11 | therein, may in addition to the penalties
provided therein, be | ||||||
12 | fined an amount not more than $500,000 or the full
street value | ||||||
13 | of the controlled or counterfeit substance or controlled | ||||||
14 | substance
analog, whichever is greater. The term "street value" | ||||||
15 | shall have the
meaning ascribed in Section 110-5 of the Code of | ||||||
16 | Criminal Procedure of
1963. Any person sentenced with respect | ||||||
17 | to any other provision of
subsection (a), may in addition to | ||||||
18 | the penalties provided therein, be fined
an amount not to | ||||||
19 | exceed $500,000. | ||||||
20 | (b-1) Excluding violations of this Act when the controlled | ||||||
21 | substance is fentanyl, any person sentenced to a term of | ||||||
22 | imprisonment with respect to violations of Section 401, 401.1, | ||||||
23 | 405, 405.1, 405.2, or 407, when the substance containing the | ||||||
24 | controlled substance contains any amount of fentanyl, 3 years | ||||||
25 | shall be added to the term of imprisonment imposed by the | ||||||
26 | court, and the maximum sentence for the offense shall be |
| |||||||
| |||||||
1 | increased by 3 years.
| ||||||
2 | (c) Any person who knowingly manufactures or possesses with | ||||||
3 | the intent to manufacture violates this Section with regard to | ||||||
4 | the
following amounts of controlled or counterfeit substances
| ||||||
5 | or controlled substance analogs, notwithstanding any of the | ||||||
6 | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||||||
7 | to the
contrary, is guilty of a Class 3 1 felony. The fine for | ||||||
8 | violation of this
subsection (c) shall not be more than | ||||||
9 | $250,000:
| ||||||
10 | (1) 1 gram or more but less than 15 grams of any
| ||||||
11 | substance containing heroin, or an analog thereof;
| ||||||
12 | (1.5) 1 gram or more but less than 15 grams of any | ||||||
13 | substance containing fentanyl, or an analog thereof;
| ||||||
14 | (2) 1 gram or more but less than 15
grams of any | ||||||
15 | substance containing cocaine, or an analog thereof;
| ||||||
16 | (3) 1 gram 10 grams or more but less than 15 grams of | ||||||
17 | any substance
containing morphine, or an analog thereof;
| ||||||
18 | (4) 1 gram 50 grams or more but less than 200 grams of | ||||||
19 | any substance
containing peyote, or an analog thereof;
| ||||||
20 | (5) 1 gram 50 grams or more but less than 200 grams of | ||||||
21 | any substance
containing a derivative of barbituric acid or | ||||||
22 | any of the salts of a
derivative of barbituric acid, or an | ||||||
23 | analog thereof;
| ||||||
24 | (6) 1 gram 50 grams or more but less than 200 grams of | ||||||
25 | any substance
containing amphetamine or any salt of an | ||||||
26 | optical isomer
of amphetamine, or an analog thereof;
|
| |||||||
| |||||||
1 | (6.5) (blank);
| ||||||
2 | (7) (i) 1 gram 5 grams or more but less than 15 grams | ||||||
3 | of any substance
containing lysergic acid diethylamide | ||||||
4 | (LSD), or an analog thereof,
or (ii)
more than 1 object 10 | ||||||
5 | objects or more than 1 10 segregated part parts of an | ||||||
6 | object or objects
but less than 15 objects or less than 15 | ||||||
7 | segregated parts of an object
containing in them or having | ||||||
8 | upon them any amount of any substance
containing lysergic | ||||||
9 | acid diethylamide (LSD), or an analog thereof;
| ||||||
10 | (7.5) (i) 1 gram 5 grams or more but less than 15 grams | ||||||
11 | of any substance listed
in paragraph (1), (2), (2.1), | ||||||
12 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) | ||||||
13 | of subsection (d) of Section 204, or an analog or | ||||||
14 | derivative thereof, or
(ii) more than 1 pill, tablet, | ||||||
15 | caplet, capsule 10 pills, tablets, caplets, capsules , or | ||||||
16 | object objects but less than
15 pills, tablets, caplets, | ||||||
17 | capsules, or objects containing in them or having
upon them | ||||||
18 | any amount of any substance listed in paragraph (1), (2), | ||||||
19 | (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), | ||||||
20 | or (26) of subsection (d) of
Section 204, or an analog or | ||||||
21 | derivative thereof;
| ||||||
22 | (8) 1 gram 10 grams or more but less than 30 grams of | ||||||
23 | any substance
containing pentazocine or any of the salts, | ||||||
24 | isomers and salts of isomers of
pentazocine, or an analog | ||||||
25 | thereof;
| ||||||
26 | (9) 1 gram 10 grams or more but less than 30 grams of |
| |||||||
| |||||||
1 | any substance
containing methaqualone or any of the salts, | ||||||
2 | isomers and salts of isomers
of methaqualone, or an analog | ||||||
3 | thereof;
| ||||||
4 | (10) 1 gram 10 grams or more but less than 30 grams of | ||||||
5 | any substance
containing phencyclidine or any of the salts, | ||||||
6 | isomers and salts of isomers
of phencyclidine (PCP), or an | ||||||
7 | analog thereof;
| ||||||
8 | (10.5) 1 gram 10 grams or more but less than 30 grams | ||||||
9 | of any substance
containing ketamine or any of the salts, | ||||||
10 | isomers and salts of
isomers of ketamine, or an analog | ||||||
11 | thereof;
| ||||||
12 | (10.6) 1 gram 50 grams or more but less than 100 grams | ||||||
13 | of any substance containing hydrocodone, or any of the | ||||||
14 | salts, isomers and salts of isomers of hydrocodone, or an | ||||||
15 | analog thereof; | ||||||
16 | (10.7) 1 gram 50 grams or more but less than 100 grams | ||||||
17 | of any substance containing dihydrocodeinone, or any of the | ||||||
18 | salts, isomers and salts of isomers of dihydrocodeinone, or | ||||||
19 | an analog thereof; | ||||||
20 | (10.8) 1 gram 50 grams or more but less than 100 grams | ||||||
21 | of any substance containing dihydrocodeine, or any of the | ||||||
22 | salts, isomers and salts of isomers of dihydrocodeine, or | ||||||
23 | an analog thereof; | ||||||
24 | (10.9) 1 gram 50 grams or more but less than 100 grams | ||||||
25 | of any substance containing oxycodone, or any of the salts, | ||||||
26 | isomers and salts of isomers of oxycodone, or an analog |
| |||||||
| |||||||
1 | thereof; | ||||||
2 | (11) 1 gram 50 grams or more but less than 200 grams of | ||||||
3 | any substance
containing a substance classified in | ||||||
4 | Schedules I or II, or an analog
thereof, which is not | ||||||
5 | otherwise included in this subsection.
| ||||||
6 | (c-1) Any person who knowingly delivers or possesses with | ||||||
7 | intent to deliver the following amounts of controlled or | ||||||
8 | counterfeit substances or controlled substance analogs, | ||||||
9 | notwithstanding any of the provisions of subsections (a), (b), | ||||||
10 | (d), (e), (f), (g), or (h) to the contrary, is guilty of a | ||||||
11 | Class 3 felony. | ||||||
12 | (1) more than 5 grams but less than 15 grams of any | ||||||
13 | substance containing heroin, or an analog thereof; | ||||||
14 | (1.5) more than 5 grams but less than 15 grams of any | ||||||
15 | substance containing fentanyl, or an analog thereof; | ||||||
16 | (2) more than 5 grams but less than 15 grams of any | ||||||
17 | substance containing cocaine, or an analog thereof; | ||||||
18 | (3) more than 5 grams but less than 15 grams of any | ||||||
19 | substance containing morphine, or an analog thereof; | ||||||
20 | (4) more than 100 grams but less than 200 grams of any | ||||||
21 | substance containing peyote, or an analog thereof; | ||||||
22 | (5) more than 100 grams but less than 200 grams of any | ||||||
23 | substance containing a derivative of barbituric acid or any | ||||||
24 | of the salts of a derivative of barbituric acid, or an | ||||||
25 | analog thereof; | ||||||
26 | (6) more than 100 grams but less than 200 grams of any |
| |||||||
| |||||||
1 | substance containing amphetamine or any salt of an optical | ||||||
2 | isomer of amphetamine, or an analog thereof; | ||||||
3 | (7) (i) more than 5 grams but less than 15 grams of any | ||||||
4 | substance containing lysergic acid diethylamide (LSD), or | ||||||
5 | an analog thereof, or (ii) more than 5 objects or more than | ||||||
6 | 5 segregated parts of an object or objects but less than 15 | ||||||
7 | objects or less than 15 segregated parts of an object | ||||||
8 | containing in them or having upon them any amount of any | ||||||
9 | substance containing lysergic acid diethylamide (LSD), or | ||||||
10 | an analog thereof; | ||||||
11 | (7.5) (i) more than 5 grams but less than 15 grams of | ||||||
12 | any substance listed in paragraph (1), (2), (2.1), (2.2), | ||||||
13 | (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of | ||||||
14 | subsection (d) of Section 204, or an analog or derivative | ||||||
15 | thereof, or (ii) more than 5 pills, tablets, caplets, | ||||||
16 | capsules, or objects but less than 15 pills, tablets, | ||||||
17 | caplets, capsules, or objects containing in them or having | ||||||
18 | upon them any amount of any substance listed in paragraph | ||||||
19 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | ||||||
20 | (21), (25), or (26) of subsection (d) of Section 204, or an | ||||||
21 | analog or derivative thereof; | ||||||
22 | (8) more than 5 grams but less than 30 grams of any | ||||||
23 | substance containing pentazocine or any of the salts, | ||||||
24 | isomers and salts of isomers of pentazocine, or an analog | ||||||
25 | thereof; | ||||||
26 | (9) more than 5 grams but less than 30 grams of any |
| |||||||
| |||||||
1 | substance containing methaqualone or any of the salts, | ||||||
2 | isomers and salts of isomers of methaqualone, or an analog | ||||||
3 | thereof; | ||||||
4 | (10) more than 5 grams but less than 30 grams of any | ||||||
5 | substance containing phencyclidine or any of the salts, | ||||||
6 | isomers and salts of isomers of phencyclidine (PCP), or an | ||||||
7 | analog thereof; | ||||||
8 | (10.5) more than 5 grams but less than 30 grams of any | ||||||
9 | substance containing ketamine or any of the salts, isomers | ||||||
10 | and salts of isomers of ketamine, or an analog thereof; | ||||||
11 | (10.6) more than 50 grams but less than 100 grams of | ||||||
12 | any substance containing hydrocodone, or any of the salts, | ||||||
13 | isomers and salts of isomers of hydrocodone, or an analog | ||||||
14 | thereof; | ||||||
15 | (10.7) more than 50 grams but less than 100 grams of | ||||||
16 | any substance containing dihydrocodeinone, or any of the | ||||||
17 | salts, isomers and salts of isomers of dihydrocodeinone, or | ||||||
18 | an analog thereof; | ||||||
19 | (10.8) more than 50 grams but less than 100 grams of | ||||||
20 | any substance containing dihydrocodeine, or any of the | ||||||
21 | salts, isomers and salts of isomers of dihydrocodeine, or | ||||||
22 | an analog thereof; | ||||||
23 | (10.9) more than 50 grams but less than 100 grams of | ||||||
24 | any substance containing oxycodone, or any of the salts, | ||||||
25 | isomers and salts of isomers of oxycodone, or an analog | ||||||
26 | thereof; |
| |||||||
| |||||||
1 | (11) more than 50 grams but less than 200 grams of any | ||||||
2 | substance containing a substance classified in Schedules I | ||||||
3 | or II, or an analog thereof, which is not otherwise | ||||||
4 | included in this subsection. | ||||||
5 | (c-2) Any person who knowingly delivers or possesses with | ||||||
6 | intent to deliver the following amounts of controlled or | ||||||
7 | counterfeit substances or controlled substance analogs, | ||||||
8 | notwithstanding any of the provisions of subsections (a), (b), | ||||||
9 | (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class | ||||||
10 | A misdemeanor and shall be evaluated for drug addiction and | ||||||
11 | given the opportunity to elect to submit to treatment under | ||||||
12 | Article 40 of the Alcoholism and Other Drug Abuse Dependency | ||||||
13 | Act; but if the person is not determined to be drug dependent | ||||||
14 | after evaluation, he or she is guilty of a Class 4 felony: | ||||||
15 | (1) 5 grams or less of any substance containing heroin, | ||||||
16 | or an analog thereof; | ||||||
17 | (1.5) 5 grams or less of any substance containing | ||||||
18 | fentanyl, or an analog thereof; | ||||||
19 | (2) 5 grams or less of any substance containing | ||||||
20 | cocaine, or an analog thereof; | ||||||
21 | (3) 5 grams or less of any substance containing | ||||||
22 | morphine, or an analog thereof; | ||||||
23 | (4) 100 grams or less of any substance containing | ||||||
24 | peyote, or an analog thereof; | ||||||
25 | (5) 100 grams or less of any substance containing a | ||||||
26 | derivative of barbituric acid or any of the salts of a |
| |||||||
| |||||||
1 | derivative of barbituric acid, or an analog thereof; | ||||||
2 | (6) 100 grams or less of any substance containing | ||||||
3 | amphetamine or any salt of an optical isomer of | ||||||
4 | amphetamine, or an analog thereof; | ||||||
5 | (7) (i) 5 grams or less of any substance containing | ||||||
6 | lysergic acid diethylamide (LSD), or an analog thereof, or | ||||||
7 | (ii) 5 objects or less or 5 or less segregated parts of an | ||||||
8 | object or objects or of an object containing in them or | ||||||
9 | having upon them any amount of any substance containing | ||||||
10 | lysergic acid diethylamide (LSD), or an analog thereof; | ||||||
11 | (7.5) (i) 5 grams or less of any substance listed in | ||||||
12 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
13 | (20.1), (21), (25), or (26) of subsection (d) of Section | ||||||
14 | 204, or an analog or
derivative thereof, or (ii) 5 or less | ||||||
15 | pills, tablets, caplets, capsules, or objects or 5 or less | ||||||
16 | pill, tablets, caplets, capsules, or objects containing in | ||||||
17 | them or having upon them any amount of any substance listed | ||||||
18 | in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), | ||||||
19 | (20), (20.1), (21), (25), or (26) of subsection (d) of | ||||||
20 | Section 204, or an analog or derivative thereof; | ||||||
21 | (8) 30 grams or less of any substance containing | ||||||
22 | pentazocine or any of the salts, isomers and salts of | ||||||
23 | isomers of pentazocine, or an analog thereof; | ||||||
24 | (9) 5 grams or less of any substance containing | ||||||
25 | methaqualone or any of the salts, isomers and salts of | ||||||
26 | isomers of methaqualone, or an analog thereof; |
| |||||||
| |||||||
1 | (10) 5 grams or less of any substance containing | ||||||
2 | phencyclidine or any of the salts, isomers and salts of | ||||||
3 | isomers of phencyclidine (PCP), or an analog thereof; | ||||||
4 | (10.5) 5 grams or less of any substance containing | ||||||
5 | ketamine or any of the salts, isomers and salts of isomers | ||||||
6 | of ketamine, or an analog thereof; | ||||||
7 | (10.6) 50 grams or less of any substance containing | ||||||
8 | hydrocodone, or any of the salts, isomers and salts of | ||||||
9 | isomers of hydrocodone, or an analog thereof; | ||||||
10 | (10.7) 50 grams or less of any substance containing | ||||||
11 | dihydrocodeinone, or any of the salts, isomers and salts of | ||||||
12 | isomers of dihydrocodeinone, or an analog thereof; | ||||||
13 | (10.8) 50 grams or less of any substance containing | ||||||
14 | dihydrocodeine, or any of the salts, isomers and salts of | ||||||
15 | isomers of dihydrocodeine, or an analog thereof; | ||||||
16 | (10.9) 50 grams or less of any substance containing | ||||||
17 | oxycodone, or any of the salts, isomers and salts of | ||||||
18 | isomers of oxycodone, or an analog thereof; | ||||||
19 | (11) 50 grams or less of any substance containing a | ||||||
20 | substance classified in Schedules I or II, or an analog | ||||||
21 | thereof, which is not otherwise included in this | ||||||
22 | subsection. | ||||||
23 | (c-5) (Blank).
| ||||||
24 | (d) Any person who violates this Section with regard to any | ||||||
25 | other
amount of a controlled or counterfeit substance | ||||||
26 | containing dihydrocodeinone or dihydrocodeine or classified in
|
| |||||||
| |||||||
1 | Schedules I or II, or an analog thereof, which is (i) a | ||||||
2 | narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an | ||||||
3 | analog thereof,
(iii) any
substance containing amphetamine or | ||||||
4 | fentanyl or any salt or optical
isomer of amphetamine or | ||||||
5 | fentanyl, or an analog thereof, or (iv) any
substance | ||||||
6 | containing N-Benzylpiperazine (BZP) or any salt or optical
| ||||||
7 | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is | ||||||
8 | guilty
of a Class 2 felony. The fine for violation of this | ||||||
9 | subsection (d) shall
not be more than $200,000.
| ||||||
10 | (d-5) (Blank).
| ||||||
11 | (e) Any person who violates this Section with regard to any | ||||||
12 | other
amount of a controlled substance other than | ||||||
13 | methamphetamine or counterfeit substance classified in
| ||||||
14 | Schedule I or II, or an analog thereof, which substance is not
| ||||||
15 | included under subsection (d) of this Section, is
guilty of a | ||||||
16 | Class 3 felony. The fine for violation of this subsection (e)
| ||||||
17 | shall not be more than $150,000.
| ||||||
18 | (f) Any person who violates this Section with regard to any | ||||||
19 | other
amount of a controlled or counterfeit substance | ||||||
20 | classified in
Schedule III is guilty of a Class 3 felony. The | ||||||
21 | fine for violation of
this subsection (f) shall not be more | ||||||
22 | than $125,000.
| ||||||
23 | (g) Any person who violates this Section with regard to any | ||||||
24 | other
amount of a controlled or counterfeit substance | ||||||
25 | classified
in Schedule IV is guilty of a Class 4 3 felony. The | ||||||
26 | fine for violation of
this subsection (g) shall not be more |
| |||||||
| |||||||
1 | than $100,000.
| ||||||
2 | (h) Any person who violates this Section with regard to any | ||||||
3 | other
amount of a controlled or counterfeit substance | ||||||
4 | classified in
Schedule V is guilty of a Class 4 3 felony. The | ||||||
5 | fine for violation of this
subsection (h) shall not be more | ||||||
6 | than $75,000.
| ||||||
7 | (i) This Section does not apply to the manufacture, | ||||||
8 | possession or
distribution of a substance in conformance with | ||||||
9 | the provisions of an approved
new drug application or an | ||||||
10 | exemption for investigational use within the
meaning of Section | ||||||
11 | 505 of the Federal Food, Drug and Cosmetic Act.
| ||||||
12 | (j) (Blank).
| ||||||
13 | (k) In assessing fines for violations of this Section, the | ||||||
14 | court shall consider the offender's financial circumstances | ||||||
15 | and ability to pay before and after imprisonment before | ||||||
16 | assessing any fine. | ||||||
17 | (l) In determining a sentence for violations of this | ||||||
18 | Section, the court shall, also, consider the overcrowding of | ||||||
19 | prisons in this State due to drug-related offenses. | ||||||
20 | (Source: P.A. 99-371, eff. 1-1-16 .)
| ||||||
21 | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||||||
22 | Sec. 402. Except as otherwise authorized by this Act, it is | ||||||
23 | unlawful for
any person knowingly to possess a controlled or | ||||||
24 | counterfeit substance or controlled substance analog.
A | ||||||
25 | violation of this Act with respect to each of the controlled |
| |||||||
| |||||||
1 | substances
listed herein constitutes a single and separate | ||||||
2 | violation of this Act. For purposes of this Section, | ||||||
3 | "controlled substance analog" or "analog"
means a substance, | ||||||
4 | other than a controlled substance, that has a chemical | ||||||
5 | structure substantially similar to that of a controlled
| ||||||
6 | substance in Schedule I or II, or that was specifically | ||||||
7 | designed to produce
an effect substantially similar to that of | ||||||
8 | a controlled substance in Schedule
I or II. Examples of | ||||||
9 | chemical classes in which controlled substance analogs
are | ||||||
10 | found include, but are not limited to, the following: | ||||||
11 | phenethylamines,
N-substituted piperidines, morphinans, | ||||||
12 | ecgonines, quinazolinones, substituted
indoles, and | ||||||
13 | arylcycloalkylamines. For purposes of this Act, a controlled
| ||||||
14 | substance analog shall be treated in the same manner as the | ||||||
15 | controlled
substance to which it is substantially similar.
| ||||||
16 | (a) Any person who violates this Section with respect to | ||||||
17 | the following
controlled or counterfeit substances and amounts | ||||||
18 | listed in this subsection (a) , notwithstanding any of the
| ||||||
19 | provisions of subsections (c) and (d) to the
contrary, is | ||||||
20 | guilty of a Class A misdemeanor for the first and second | ||||||
21 | violation and shall be admitted into a drug court program | ||||||
22 | pursuant to the Drug Court Treatment Act or shall be evaluated | ||||||
23 | for drug addiction or alcoholism and given the opportunity to | ||||||
24 | elect to submit to treatment under Article 40 of the Alcoholism | ||||||
25 | and Other Drug Abuse and Dependency Act. Any third or greater | ||||||
26 | violation of this Section with respect to the below controlled |
| |||||||
| |||||||
1 | or counterfeit substances and amounts, notwithstanding any of | ||||||
2 | the provisions of subsections (c) and (d) to the contrary, the | ||||||
3 | person is guilty of a Class 4 felony Class 1 felony and shall, | ||||||
4 | if sentenced to a term
of imprisonment, be sentenced as | ||||||
5 | provided in this subsection (a) and fined
as provided in | ||||||
6 | subsection (b) :
| ||||||
7 | (1) (A) not less than 4 years and not more than 15 | ||||||
8 | years with respect
to 15 grams or more but less than | ||||||
9 | 100 grams of a substance containing heroin;
| ||||||
10 | (B) not less than 6 years and not more than 30 | ||||||
11 | years with respect to 100
grams or more but less than | ||||||
12 | 400 grams of a substance containing heroin;
| ||||||
13 | (C) not less than 8 years and not more than 40 | ||||||
14 | years with respect to 400
grams or more but less than | ||||||
15 | 900 grams of any substance containing heroin;
| ||||||
16 | (D) not less than 10 years and not more than 50 | ||||||
17 | years with respect to
900 grams or more of any | ||||||
18 | substance containing heroin;
| ||||||
19 | (2) (A) not less than 4 years and not more than 15 | ||||||
20 | years with respect
to 15 grams or more but less than | ||||||
21 | 100 grams of any substance containing
cocaine;
| ||||||
22 | (B) not less than 6 years and not more than 30 | ||||||
23 | years with respect to 100
grams or more but less than | ||||||
24 | 400 grams of any substance containing cocaine;
| ||||||
25 | (C) not less than 8 years and not more than 40 | ||||||
26 | years with respect to 400
grams or more but less than |
| |||||||
| |||||||
1 | 900 grams of any substance containing cocaine;
| ||||||
2 | (D) not less than 10 years and not more than 50 | ||||||
3 | years with respect to
900 grams or more of any | ||||||
4 | substance containing cocaine;
| ||||||
5 | (3) (A) not less than 4 years and not more than 15 | ||||||
6 | years with respect
to 15 grams or more but less than | ||||||
7 | 100 grams of any substance containing
morphine;
| ||||||
8 | (B) not less than 6 years and not more than 30 | ||||||
9 | years with respect to 100
grams or more but less than | ||||||
10 | 400 grams of any substance containing morphine;
| ||||||
11 | (C) not less than 6 years and not more than 40 | ||||||
12 | years with respect to 400
grams or more but less than | ||||||
13 | 900 grams of any substance containing morphine;
| ||||||
14 | (D) not less than 10 years and not more than 50 | ||||||
15 | years with respect to
900 grams or more of any | ||||||
16 | substance containing morphine;
| ||||||
17 | (4) 100 200 grams or less more of any substance | ||||||
18 | containing peyote;
| ||||||
19 | (5) 100 200 grams or less more of any substance | ||||||
20 | containing a derivative of
barbituric acid or any of the | ||||||
21 | salts of a derivative of barbituric acid;
| ||||||
22 | (6) 100 200 grams or less more of any substance | ||||||
23 | containing amphetamine or any salt
of an optical isomer of | ||||||
24 | amphetamine;
| ||||||
25 | (6.5) (blank);
| ||||||
26 | (7) (A) not less than 4 years and not more than 15 |
| |||||||
| |||||||
1 | years with respect
to: (i) 15 grams or more but less | ||||||
2 | than 100 grams of any substance containing
lysergic | ||||||
3 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
4 | 15 or
less more objects or 15 or less more segregated | ||||||
5 | parts of an object or objects but
less than 200 objects | ||||||
6 | or 200 segregated parts of an object or objects
| ||||||
7 | containing in them or having upon them any amount of | ||||||
8 | any substance
containing lysergic acid diethylamide | ||||||
9 | (LSD), or an analog thereof;
| ||||||
10 | (B) not less than 6 years and not more than 30 | ||||||
11 | years with respect
to: (i) 100 grams or more but less | ||||||
12 | than 400 grams of any substance
containing lysergic | ||||||
13 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
14 | 200 or more objects or 200 or more segregated parts of | ||||||
15 | an object or objects
but less than 600 objects or less | ||||||
16 | than 600 segregated parts of an object or
objects | ||||||
17 | containing in them or having upon them any amount of | ||||||
18 | any substance
containing lysergic acid diethylamide | ||||||
19 | (LSD), or an analog thereof;
| ||||||
20 | (C) not less than 8 years and not more than 40 | ||||||
21 | years with respect
to: (i) 400 grams or more but less | ||||||
22 | than 900 grams of any substance
containing lysergic | ||||||
23 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
24 | 600 or more objects or 600 or more segregated parts of | ||||||
25 | an object or objects
but less than 1500 objects or 1500 | ||||||
26 | segregated parts of an object or objects
containing in |
| |||||||
| |||||||
1 | them or having upon them any amount of any substance
| ||||||
2 | containing lysergic acid diethylamide (LSD), or an | ||||||
3 | analog thereof;
| ||||||
4 | (D) not less than 10 years and not more than 50 | ||||||
5 | years with respect
to: (i) 900 grams or more of any | ||||||
6 | substance containing lysergic acid
diethylamide (LSD), | ||||||
7 | or an analog thereof, or (ii) 1500 or more objects or
| ||||||
8 | 1500 or more segregated parts of an object or objects | ||||||
9 | containing in them or
having upon them any amount of a | ||||||
10 | substance containing lysergic acid
diethylamide (LSD), | ||||||
11 | or an analog thereof;
| ||||||
12 | (7.5) (A) not less than 4 years and not more than 15 | ||||||
13 | years with respect
to: (i) 15
grams or more but
less | ||||||
14 | than 100 grams of any substance listed in paragraph | ||||||
15 | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | ||||||
16 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
17 | Section 204, or an
analog or derivative
thereof, or | ||||||
18 | (ii) 15 or more pills, tablets, caplets, capsules, or | ||||||
19 | objects but
less than 200 pills,
tablets, caplets, | ||||||
20 | capsules, or objects containing in them or having upon | ||||||
21 | them
any amount of any
substance listed in paragraph | ||||||
22 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
23 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
24 | Section 204, or an analog or derivative thereof;
| ||||||
25 | (B) not less than 6 years and not more than 30 | ||||||
26 | years with respect to: (i)
100
grams or more but
less |
| |||||||
| |||||||
1 | than 400 grams of any substance listed in paragraph | ||||||
2 | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| ||||||
3 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
4 | Section 204, or an analog or
derivative thereof, or
| ||||||
5 | (ii) 200 or more pills, tablets, caplets, capsules, or | ||||||
6 | objects but less than
600
pills, tablets,
caplets, | ||||||
7 | capsules, or objects containing in them or having upon | ||||||
8 | them any amount
of any
substance
listed in paragraph | ||||||
9 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
10 | (20.1), (21),
(25), or (26) of subsection
(d) of | ||||||
11 | Section 204, or an analog or derivative thereof;
| ||||||
12 | (C) not less than 8 years and not more than 40 | ||||||
13 | years with respect to: (i)
400
grams or more but
less | ||||||
14 | than 900 grams of any substance listed in paragraph | ||||||
15 | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| ||||||
16 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
17 | Section 204, or an analog or
derivative thereof,
or | ||||||
18 | (ii) 600 or more pills, tablets, caplets, capsules, or | ||||||
19 | objects but less than
1,500 pills, tablets,
caplets, | ||||||
20 | capsules, or objects containing in them or having upon | ||||||
21 | them any amount
of any
substance listed in paragraph | ||||||
22 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
23 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
24 | Section 204, or an analog or derivative thereof;
| ||||||
25 | (D) not less than 10 years and not more than 50 | ||||||
26 | years with respect to:
(i)
900 grams or more of
any |
| |||||||
| |||||||
1 | substance listed in paragraph (1), (2), (2.1), (2.2), | ||||||
2 | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | ||||||
3 | subsection (d) of Section 204, or an analog or | ||||||
4 | derivative thereof, or (ii)
1,500 or more pills,
| ||||||
5 | tablets, caplets, capsules, or objects containing in | ||||||
6 | them or having upon them
any amount of a
substance | ||||||
7 | listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
8 | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||||||
9 | subsection (d) of Section 204, or an analog or | ||||||
10 | derivative thereof;
| ||||||
11 | (8) 15 30 grams or less more of any substance | ||||||
12 | containing pentazocine or any of
the salts, isomers and | ||||||
13 | salts of isomers of pentazocine, or an analog thereof;
| ||||||
14 | (9) 15 30 grams or less more of any substance | ||||||
15 | containing methaqualone or any
of the salts, isomers and | ||||||
16 | salts of isomers of methaqualone;
| ||||||
17 | (10) 15 30 grams or less more of any substance | ||||||
18 | containing phencyclidine or any
of the salts, isomers and | ||||||
19 | salts of isomers of phencyclidine (PCP);
| ||||||
20 | (10.5) 15 30 grams or less more of any substance | ||||||
21 | containing ketamine or any of
the salts, isomers and salts | ||||||
22 | of isomers of ketamine;
| ||||||
23 | (11) 15 200 grams or less more of any substance | ||||||
24 | containing any substance
classified as a narcotic drug in | ||||||
25 | Schedules I or II, or an analog thereof, which is not | ||||||
26 | otherwise
included in this subsection.
|
| |||||||
| |||||||
1 | (b) Any person sentenced with respect to violations of | ||||||
2 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
3 | involving 100
grams or more of the
controlled substance named | ||||||
4 | therein, may in addition to the penalties
provided therein, be | ||||||
5 | fined an amount not to exceed $25,000 $200,000 or the full
| ||||||
6 | street value of the controlled or counterfeit substances, | ||||||
7 | whichever is less
greater . The term "street value" shall have | ||||||
8 | the meaning
ascribed in Section 110-5 of the Code of Criminal | ||||||
9 | Procedure of 1963. Any
person sentenced with respect to any | ||||||
10 | other provision of subsection (a), may
in addition to the | ||||||
11 | penalties provided therein, be fined an amount not to
exceed | ||||||
12 | $200,000.
| ||||||
13 | (c) Any person who violates this Section with regard to an | ||||||
14 | amount
of a controlled substance other than methamphetamine or | ||||||
15 | counterfeit substance not set forth in
subsection (a) or (d) is | ||||||
16 | guilty of a Class 4 felony. The fine for a
violation punishable | ||||||
17 | under this subsection (c) shall not be more
than $25,000.
| ||||||
18 | (d) Any person who violates this Section with regard to any | ||||||
19 | amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||||||
20 | for the first offense and a Class B misdemeanor for a | ||||||
21 | subsequent offense
committed within 2 years of a prior | ||||||
22 | conviction.
| ||||||
23 | (e) In assessing fines for violations of this Section, the | ||||||
24 | court shall consider the offender's financial circumstances | ||||||
25 | and ability to pay before and after imprisonment before | ||||||
26 | assessing any fine. |
| |||||||
| |||||||
1 | (Source: P.A. 99-371, eff. 1-1-16 .)
| ||||||
2 | Section 45. The Drug Paraphernalia Control Act is amended | ||||||
3 | by changing Section 3.5 as follows:
| ||||||
4 | (720 ILCS 600/3.5)
| ||||||
5 | Sec. 3.5. Possession of drug paraphernalia.
| ||||||
6 | (a) Except for a civil violation under subsection (c) of | ||||||
7 | this Section, a A person who knowingly possesses an item of | ||||||
8 | drug paraphernalia
with
the intent to use it in ingesting, | ||||||
9 | inhaling, or
otherwise introducing cannabis
or
a controlled | ||||||
10 | substance into the human body, or in preparing cannabis or a
| ||||||
11 | controlled substance
for that use, is guilty of a Class A | ||||||
12 | misdemeanor for which the court
shall impose a maximum minimum | ||||||
13 | fine of $750 in addition to any other penalty prescribed
for a | ||||||
14 | Class A
misdemeanor . This subsection (a) does not apply to a | ||||||
15 | person who is legally
authorized to possess
hypodermic syringes | ||||||
16 | or needles under the Hypodermic Syringes and Needles Act.
| ||||||
17 | (b) In determining intent under subsection (a), the trier | ||||||
18 | of fact may take
into consideration the proximity of the | ||||||
19 | cannabis or controlled substances to
drug
paraphernalia or the | ||||||
20 | presence of cannabis or a controlled substance on the drug
| ||||||
21 | paraphernalia.
| ||||||
22 | (c) If a person violates subsection (a) of Section 4 of the | ||||||
23 | Cannabis Control Act, the penalty for possession of any drug | ||||||
24 | paraphernalia seized during the violation for that offense |
| |||||||
| |||||||
1 | shall be a civil violation punishable by a fine of $25. | ||||||
2 | (Source: P.A. 93-392, eff. 7-25-03.)
| ||||||
3 | Section 50. The Methamphetamine Control and Community | ||||||
4 | Protection Act is amended by changing Sections 55 and 60 as | ||||||
5 | follows: | ||||||
6 | (720 ILCS 646/55)
| ||||||
7 | Sec. 55. Methamphetamine delivery. | ||||||
8 | (a) Delivery or possession with intent to deliver | ||||||
9 | methamphetamine or a substance containing methamphetamine.
| ||||||
10 | (1) It is unlawful knowingly to engage in the delivery | ||||||
11 | or possession with intent to deliver methamphetamine or a | ||||||
12 | substance containing methamphetamine.
| ||||||
13 | (2) A person who violates paragraph (1) of this | ||||||
14 | subsection (a) is subject to the following penalties:
| ||||||
15 | (A) A person who delivers or possesses with intent | ||||||
16 | to deliver less than 5 or less grams of methamphetamine | ||||||
17 | or a substance containing methamphetamine is guilty of | ||||||
18 | a Class A misdemeanor and shall be evaluated for drug | ||||||
19 | addiction and given the opportunity to elect to submit | ||||||
20 | to treatment under Article 40 of the Alcoholism and | ||||||
21 | Other Drug Abuse and Dependency Act; but if the person | ||||||
22 | is not determined to be drug dependent after | ||||||
23 | evaluation, he or she is guilty of a Class 4 felony 2 | ||||||
24 | felony .
|
| |||||||
| |||||||
1 | (B) A person who delivers or possesses with intent | ||||||
2 | to deliver more than 5 or more grams but less than 15 | ||||||
3 | grams of methamphetamine or a substance containing | ||||||
4 | methamphetamine is guilty of a Class 3 1 felony.
| ||||||
5 | (C) A person who delivers or possesses with intent | ||||||
6 | to deliver 15 or more grams but less than 100 grams of | ||||||
7 | methamphetamine or a substance containing | ||||||
8 | methamphetamine is guilty of a Class 2 X felony, | ||||||
9 | subject to a term of imprisonment of not less than 6 | ||||||
10 | years and not more than 30 years, and subject to a fine | ||||||
11 | not to exceed $100,000 or the street value of the | ||||||
12 | methamphetamine, whichever is greater.
| ||||||
13 | (D) A person who delivers or possesses with intent | ||||||
14 | to deliver 100 or more grams but less than 400 grams of | ||||||
15 | methamphetamine or a substance containing | ||||||
16 | methamphetamine is guilty of a Class 1 X felony, | ||||||
17 | subject to a term of imprisonment of not less than 9 | ||||||
18 | years and not more than 15 40 years, and subject to a | ||||||
19 | fine not to exceed $200,000 or the street value of the | ||||||
20 | methamphetamine, whichever is greater.
| ||||||
21 | (E) A person who delivers or possesses with intent | ||||||
22 | to deliver 400 or more grams but less than 900 grams of | ||||||
23 | methamphetamine or a substance containing | ||||||
24 | methamphetamine is guilty of a Class X felony, subject | ||||||
25 | to a term of imprisonment of not less than 12 years and | ||||||
26 | not more than 25 50 years, and subject to a fine not to |
| |||||||
| |||||||
1 | exceed $300,000 or the street value of the | ||||||
2 | methamphetamine, whichever is greater.
| ||||||
3 | (F) A person who delivers or possesses with intent | ||||||
4 | to deliver 900 or more grams of methamphetamine or a | ||||||
5 | substance containing methamphetamine is guilty of a | ||||||
6 | Class X felony, subject to a term of imprisonment of | ||||||
7 | not less than 15 years and not more than 30 60 years, | ||||||
8 | and subject to a fine not to exceed $400,000 or the | ||||||
9 | street value of the methamphetamine, whichever is | ||||||
10 | greater.
| ||||||
11 | (3) In assessing fines for violations of this | ||||||
12 | subsection (a), the court shall consider the offender's | ||||||
13 | financial circumstances and ability to pay before and after | ||||||
14 | imprisonment before assessing any fine. | ||||||
15 | (b) Aggravated delivery or possession with intent to | ||||||
16 | deliver methamphetamine or a substance containing | ||||||
17 | methamphetamine.
| ||||||
18 | (1) It is unlawful to engage in the aggravated delivery | ||||||
19 | or possession with intent to deliver methamphetamine or a | ||||||
20 | substance containing methamphetamine. A person engages in | ||||||
21 | the aggravated delivery or possession with intent to | ||||||
22 | deliver methamphetamine or a substance containing | ||||||
23 | methamphetamine when the person violates paragraph (1) of | ||||||
24 | subsection (a) of this Section and:
| ||||||
25 | (A) the person is at least 18 years of age and | ||||||
26 | knowingly delivers or possesses with intent to deliver |
| |||||||
| |||||||
1 | the methamphetamine or substance containing | ||||||
2 | methamphetamine to a person under 18 years of age;
| ||||||
3 | (B) the person is at least 18 years of age and | ||||||
4 | knowingly uses, engages, employs, or causes another | ||||||
5 | person to use, engage, or employ a person under 18 | ||||||
6 | years of age to deliver the methamphetamine or | ||||||
7 | substance containing methamphetamine;
| ||||||
8 | (C) the person knowingly delivers or possesses | ||||||
9 | with intent to deliver the methamphetamine or | ||||||
10 | substance containing methamphetamine in any structure | ||||||
11 | or vehicle protected by one or more firearms, explosive | ||||||
12 | devices, booby traps, alarm systems, surveillance | ||||||
13 | systems, guard dogs, or dangerous animals;
| ||||||
14 | (D) the person knowingly delivers or possesses | ||||||
15 | with intent to deliver the methamphetamine or | ||||||
16 | substance containing methamphetamine in any school, on | ||||||
17 | any real property comprising any school, or in any | ||||||
18 | conveyance owned, leased, or contracted by a school to | ||||||
19 | transport students to or from school or a | ||||||
20 | school-related activity;
| ||||||
21 | (E) the person delivers or causes another person to | ||||||
22 | deliver the methamphetamine or substance containing | ||||||
23 | methamphetamine to a woman that the person knows to be | ||||||
24 | pregnant;
or | ||||||
25 | (F) (blank). | ||||||
26 | (2) A person who violates paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (b) is subject to the following penalties:
| ||||||
2 | (A) A person who delivers or possesses with intent | ||||||
3 | to deliver less than 5 grams of methamphetamine or a | ||||||
4 | substance containing methamphetamine is guilty of a | ||||||
5 | Class 1 felony.
| ||||||
6 | (B) A person who delivers or possesses with intent | ||||||
7 | to deliver 5 or more grams but less than 15 grams of | ||||||
8 | methamphetamine or a substance containing | ||||||
9 | methamphetamine is guilty of a Class X felony, subject | ||||||
10 | to a term of imprisonment of not less than 6 years and | ||||||
11 | not more than 30 years, and subject to a fine not to | ||||||
12 | exceed $100,000 or the street value of the | ||||||
13 | methamphetamine, whichever is greater.
| ||||||
14 | (C) A person who delivers or possesses with intent | ||||||
15 | to deliver 15 or more grams but less than 100 grams of | ||||||
16 | methamphetamine or a substance containing | ||||||
17 | methamphetamine is guilty of a Class X felony, subject | ||||||
18 | to a term of imprisonment of not less than 8 years and | ||||||
19 | not more than 40 years, and subject to a fine not to | ||||||
20 | exceed $200,000 or the street value of the | ||||||
21 | methamphetamine, whichever is greater.
| ||||||
22 | (D) A person who delivers or possesses with intent | ||||||
23 | to deliver 100 or more grams of methamphetamine or a | ||||||
24 | substance containing methamphetamine is guilty of a | ||||||
25 | Class X felony, subject to a term of imprisonment of | ||||||
26 | not less than 10 years and not more than 50 years, and |
| |||||||
| |||||||
1 | subject to a fine not to exceed $300,000 or the street | ||||||
2 | value of the methamphetamine, whichever is greater.
| ||||||
3 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | ||||||
4 | (720 ILCS 646/60)
| ||||||
5 | Sec. 60. Methamphetamine possession. | ||||||
6 | (a) It is unlawful knowingly to possess methamphetamine or | ||||||
7 | a substance containing methamphetamine.
| ||||||
8 | (b) A person who violates subsection (a) is subject to the | ||||||
9 | following penalties:
| ||||||
10 | (1) A person who possesses less than 15 5 grams or less | ||||||
11 | of methamphetamine or a substance containing | ||||||
12 | methamphetamine is guilty of a Class A misdemeanor for the | ||||||
13 | first and second violation and shall be admitted into a | ||||||
14 | drug court program pursuant to the Drug Court Treatment Act | ||||||
15 | or shall be evaluated for drug addiction or alcoholism and | ||||||
16 | given the opportunity to elect to submit to treatment under | ||||||
17 | Article 40 of the Alcoholism and Other Drug Abuse and | ||||||
18 | Dependency Act. Any third or subsequent violation of this | ||||||
19 | Section with respect to the below controlled or counterfeit | ||||||
20 | substances and amounts, notwithstanding any of the | ||||||
21 | provisions of subsections (c) and (d) to the contrary is | ||||||
22 | guilty of a Class 4 3 felony.
| ||||||
23 | (2) (Blank). A person who possesses 5 or more grams but | ||||||
24 | less than 15 grams of methamphetamine or a substance | ||||||
25 | containing methamphetamine is guilty of a Class 2 felony.
|
| |||||||
| |||||||
1 | (3) A person who possesses 15 or more grams but less | ||||||
2 | than 100 grams of methamphetamine or a substance containing | ||||||
3 | methamphetamine is guilty of a Class 4 1 felony.
| ||||||
4 | (4) A person who possesses 100 or more grams but less | ||||||
5 | than 400 grams of methamphetamine or a substance containing | ||||||
6 | methamphetamine is guilty of a Class 4 X felony, subject to | ||||||
7 | a term of imprisonment of not less than 6 years and not | ||||||
8 | more than 30 years , and subject to a fine not to exceed
| ||||||
9 | $100,000.
| ||||||
10 | (5) A person who possesses 400 or more grams but less | ||||||
11 | than 900 grams of methamphetamine or a substance containing | ||||||
12 | methamphetamine is guilty of a Class 4 X felony, subject to | ||||||
13 | a term of imprisonment of not less than 8 years and not | ||||||
14 | more than 40 years , and subject to a fine not to exceed
| ||||||
15 | $200,000.
| ||||||
16 | (6) A person who possesses 900 or more grams of | ||||||
17 | methamphetamine or a substance containing methamphetamine | ||||||
18 | is guilty of a Class 4 X felony, subject to a term of | ||||||
19 | imprisonment of not less than 10 years and not more than 50 | ||||||
20 | years, and subject to a fine not to exceed $300,000.
| ||||||
21 | (c) In assessing fines for violations of this Section, the | ||||||
22 | court shall consider the offender's financial circumstances | ||||||
23 | and ability to pay before and after imprisonment before | ||||||
24 | assessing any fine. | ||||||
25 | (Source: P.A. 94-556, eff. 9-11-05.) |
| |||||||
| |||||||
1 | Section 55. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Section 113-3.1 as follows:
| ||||||
3 | (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
| ||||||
4 | Sec. 113-3.1. Payment for Court-Appointed Counsel.
| ||||||
5 | (a) Whenever under
either Section 113-3 of this Code or | ||||||
6 | Rule 607 of the Illinois Supreme Court
the court appoints | ||||||
7 | counsel to represent a defendant, the court may order
the | ||||||
8 | defendant to pay to the Clerk of the Circuit Court a reasonable | ||||||
9 | sum
to reimburse either the county or the State for such | ||||||
10 | representation.
In a hearing to determine the amount of the
| ||||||
11 | payment, the court shall consider the affidavit prepared by the | ||||||
12 | defendant
under Section 113-3 of this Code and any other | ||||||
13 | information pertaining to
the defendant's financial | ||||||
14 | circumstances which may be submitted by the parties.
Such | ||||||
15 | hearing shall be conducted on the court's own motion or on | ||||||
16 | motion of
the State's Attorney at any time after the | ||||||
17 | appointment of counsel but no
later than 90 days after the | ||||||
18 | entry of a final order disposing of the case
at the trial | ||||||
19 | level.
| ||||||
20 | (b) Any sum ordered paid under this Section may not exceed | ||||||
21 | $500 for a
defendant charged with a misdemeanor, $5,000 for a | ||||||
22 | defendant charged with
a felony, or $2,500 for a defendant who | ||||||
23 | is appealing a conviction
of any class offense.
| ||||||
24 | (c) The method of any payment required under this Section | ||||||
25 | shall be as
specified by the Court. The court may order that |
| |||||||
| |||||||
1 | payments be made on a
monthly basis during the term of | ||||||
2 | representation; however, the sum deposited as
money bond shall | ||||||
3 | not be used to satisfy this court order. Any sum deposited
as | ||||||
4 | money
bond with the Clerk of
the Circuit Court under Section | ||||||
5 | 110-7 of this Code may be used in the
court's discretion in | ||||||
6 | whole or in part to comply with any payment order
entered in | ||||||
7 | accordance with paragraph
(a) of this Section. The court may | ||||||
8 | give special consideration to the interests
of relatives or | ||||||
9 | other third parties who may have posted a money bond on
the | ||||||
10 | behalf of the defendant to secure his release. At any time | ||||||
11 | prior to
full payment of any payment order the court on its own | ||||||
12 | motion or the motion
of any party may reduce, increase, or | ||||||
13 | suspend the ordered payment, or modify
the method of payment, | ||||||
14 | as the interest of fairness may require. No increase,
| ||||||
15 | suspension, or reduction may be ordered without a hearing and | ||||||
16 | notice
to all parties.
| ||||||
17 | (d) The Supreme Court or the circuit courts may provide by | ||||||
18 | rule for
procedures for the enforcement of orders entered under | ||||||
19 | this Section.
Such rules may provide for the assessment of all | ||||||
20 | costs, including
attorneys' fees which are required for the | ||||||
21 | enforcement of orders entered
under this Section when the court | ||||||
22 | in an enforcement proceeding has first
found that the defendant | ||||||
23 | has willfully refused to pay. The Clerk of the
Circuit Court | ||||||
24 | shall keep records and make reports to the court concerning
| ||||||
25 | funds paid under this Section in whatever manner the court | ||||||
26 | directs.
|
| |||||||
| |||||||
1 | (e) Whenever an order is entered under this Section for the | ||||||
2 | reimbursement
of the State due to the appointment of the State | ||||||
3 | Appellate Defender as counsel
on appeal, the order shall | ||||||
4 | provide that the Clerk of the Circuit Court shall
retain all | ||||||
5 | funds paid pursuant to such order until the full amount of the
| ||||||
6 | sum ordered to be paid by the defendant has been paid. When no | ||||||
7 | balance remains
due on such order, the Clerk of the Circuit | ||||||
8 | Court shall inform the court
of this fact and the court shall | ||||||
9 | promptly order the Clerk of the Circuit
Court to pay to the | ||||||
10 | State Treasurer all of the sum paid.
| ||||||
11 | (f) The Clerk of the Circuit Court shall retain all funds | ||||||
12 | under this Section
paid for the reimbursement of the county, | ||||||
13 | and shall inform the court when
no balance remains due on an | ||||||
14 | order entered hereunder. The Clerk of the Circuit
Court shall | ||||||
15 | make payments of funds collected under this Section to the | ||||||
16 | County
Treasurer in whatever manner and at whatever point as | ||||||
17 | the court may direct,
including payments made on a monthly | ||||||
18 | basis during the term
of representation.
| ||||||
19 | (g) (Blank). A defendant who fails to obey any order of | ||||||
20 | court entered under this
Section may be punished for contempt | ||||||
21 | of court. Any arrearage in payments
may be reduced to judgment | ||||||
22 | in the court's discretion and collected by any
means authorized | ||||||
23 | for the collection of money judgments under the law of
this | ||||||
24 | State.
| ||||||
25 | (Source: P.A. 88-394.)
|
| |||||||
| |||||||
1 | Section 60. The Unified Code of Corrections is amended by | ||||||
2 | changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35, | ||||||
3 | 5-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-70, 5-4.5-85, 5-4.5-95, | ||||||
4 | 5-4.5-105, 5-9-1.1, 5-9-1.10, 5-9-1.17, and 5-9-3 as follows: | ||||||
5 | (730 ILCS 5/5-4.5-15) | ||||||
6 | Sec. 5-4.5-15. DISPOSITIONS.
| ||||||
7 | (a) APPROPRIATE DISPOSITIONS. The following are | ||||||
8 | appropriate dispositions, alone or in combination, for all | ||||||
9 | felonies and misdemeanors other than as provided in Section | ||||||
10 | 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the | ||||||
11 | statute defining the offense or elsewhere: | ||||||
12 | (1) A period of probation. | ||||||
13 | (2) A term of periodic imprisonment. | ||||||
14 | (3) A term of conditional discharge. | ||||||
15 | (4) A term of imprisonment. | ||||||
16 | (5) A fine. | ||||||
17 | (6) Restitution to the victim. | ||||||
18 | (7) Participation in an impact incarceration program. | ||||||
19 | (8) A term of imprisonment in combination with a term | ||||||
20 | of probation when the offender has been admitted into a | ||||||
21 | drug court program. | ||||||
22 | (9) If the defendant is convicted of arson, aggravated | ||||||
23 | arson, residential arson, or place of worship arson, an | ||||||
24 | order directing the offender to reimburse the local | ||||||
25 | emergency response department for the costs of responding |
| |||||||
| |||||||
1 | to the fire that the offender was convicted of setting in | ||||||
2 | accordance with the Emergency Services Response | ||||||
3 | Reimbursement for Criminal Convictions Act. | ||||||
4 | (b) FINE; RESTITUTION ; NOT SOLE DISPOSITION . A Neither a | ||||||
5 | fine or nor restitution may shall be the sole disposition for a | ||||||
6 | Class 4 felony, and either or both may be imposed only in | ||||||
7 | conjunction with another disposition.
| ||||||
8 | (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a | ||||||
9 | term of natural life is imposed, every sentence includes a term | ||||||
10 | in addition to the term of imprisonment. For those sentenced | ||||||
11 | under the law in effect before February 1, 1978, that term is a | ||||||
12 | parole term. For those sentenced on or after February 1, 1978, | ||||||
13 | that term is a mandatory supervised release term.
| ||||||
14 | (Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, | ||||||
15 | eff. 8-13-09; 96-1000, eff. 7-2-10.) | ||||||
16 | (730 ILCS 5/5-4.5-25) | ||||||
17 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
18 | felony: | ||||||
19 | (a) TERM. The sentence of imprisonment shall be a | ||||||
20 | determinate sentence of not less than 6 years and not more than | ||||||
21 | 30 years. The sentence of imprisonment for an extended term | ||||||
22 | Class X felony, as provided in Section 5-8-2 (730 ILCS | ||||||
23 | 5/5-8-2), shall be not less than 30 years and not more than 60 | ||||||
24 | years.
| ||||||
25 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment |
| |||||||
| |||||||
1 | shall not be imposed.
| ||||||
2 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
3 | or the county impact incarceration program is not an authorized | ||||||
4 | disposition.
| ||||||
5 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
6 | probation or conditional discharge shall not be imposed.
| ||||||
7 | (e) FINE. Fines may be imposed as provided in Section | ||||||
8 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
9 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
10 | concerning restitution.
| ||||||
11 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
12 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
13 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
14 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
15 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
16 | program.
| ||||||
17 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
18 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
19 | detention prior to judgment.
| ||||||
20 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
21 | for rules and regulations for sentence credit.
| ||||||
22 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
23 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
24 | detention.
| ||||||
25 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
26 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
| |||||||
| |||||||
1 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
2 | be 3 years upon release from imprisonment.
| ||||||
3 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
4 | (730 ILCS 5/5-4.5-30) | ||||||
5 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
6 | felony: | ||||||
7 | (a) TERM. The sentence of imprisonment, other than for | ||||||
8 | second degree murder, shall be a determinate sentence of not | ||||||
9 | less than 4 years and not more than 15 years. The sentence of | ||||||
10 | imprisonment for second degree murder shall be a determinate | ||||||
11 | sentence of not less than 4 years and not more than 20 years. | ||||||
12 | The sentence of imprisonment for an extended term Class 1 | ||||||
13 | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | ||||||
14 | be a term not less than 15 years and not more than 30 years.
| ||||||
15 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
16 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
17 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
18 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
19 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
20 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
21 | the impact incarceration program or the county impact | ||||||
22 | incarceration program.
| ||||||
23 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
24 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
25 | period of probation or conditional discharge shall not exceed 4 |
| |||||||
| |||||||
1 | years. The court shall specify the conditions of probation or | ||||||
2 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
3 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
4 | disposition of probation or conditional discharge for a Class 1 | ||||||
5 | felony committed while he or she was serving a term of | ||||||
6 | probation or conditional discharge for a felony.
| ||||||
7 | (e) FINE. Fines may be imposed as provided in Section | ||||||
8 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
9 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
10 | concerning restitution.
| ||||||
11 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
12 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
13 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
14 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
15 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
16 | program.
| ||||||
17 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
18 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
19 | detention prior to judgment.
| ||||||
20 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
21 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
22 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
23 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
24 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
25 | detention.
| ||||||
26 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
| |||||||
| |||||||
1 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
2 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
3 | be 2 years upon release from imprisonment.
| ||||||
4 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
5 | (730 ILCS 5/5-4.5-35) | ||||||
6 | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | ||||||
7 | felony: | ||||||
8 | (a) TERM. The sentence of imprisonment shall be a | ||||||
9 | determinate sentence of not less than 3 years and not more than | ||||||
10 | 7 years. The sentence of imprisonment for an extended term | ||||||
11 | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
12 | 5/5-8-2), shall be a term not less than 7 years and not more | ||||||
13 | than 14 years.
| ||||||
14 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
15 | imprisonment shall be for a definite term of from 18 to 30 | ||||||
16 | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
17 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
18 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
19 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
20 | the impact incarceration program or the county impact | ||||||
21 | incarceration program.
| ||||||
22 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
23 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
24 | period of probation or conditional discharge shall not exceed 4 | ||||||
25 | years. The court shall specify the conditions of probation or |
| |||||||
| |||||||
1 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
2 | 5/5-6-3).
| ||||||
3 | (e) FINE. Fines may be imposed as provided in Section | ||||||
4 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
5 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
6 | concerning restitution.
| ||||||
7 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
8 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
9 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
10 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
11 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
12 | program.
| ||||||
13 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
14 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
15 | detention prior to judgment.
| ||||||
16 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
17 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
18 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
19 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
20 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
21 | detention.
| ||||||
22 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
23 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
24 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
25 | be 2 years upon release from imprisonment.
| ||||||
26 | (Source: P.A. 97-697, eff. 6-22-12.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-40) | ||||||
2 | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | ||||||
3 | felony: | ||||||
4 | (a) TERM. The sentence of imprisonment shall be a | ||||||
5 | determinate sentence of not less than 2 years and not more than | ||||||
6 | 5 years. The sentence of imprisonment for an extended term | ||||||
7 | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
8 | 5/5-8-2), shall be a term not less than 5 years and not more | ||||||
9 | than 10 years.
| ||||||
10 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
11 | imprisonment shall be for a definite term of up to 18 months, | ||||||
12 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
13 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
14 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
15 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
16 | the impact incarceration program or the county impact | ||||||
17 | incarceration program.
| ||||||
18 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
19 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
20 | period of probation or conditional discharge shall not exceed | ||||||
21 | 30 months. The court shall specify the conditions of probation | ||||||
22 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
23 | ILCS 5/5-6-3).
| ||||||
24 | (e) FINE. Fines may be imposed as provided in Section | ||||||
25 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
|
| |||||||
| |||||||
1 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
2 | concerning restitution.
| ||||||
3 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
4 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
5 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
6 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
7 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
8 | program.
| ||||||
9 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
10 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
11 | detention prior to judgment.
| ||||||
12 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
13 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
14 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
15 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
16 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
17 | detention.
| ||||||
18 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
19 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
20 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
21 | be one year upon release from imprisonment.
| ||||||
22 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
23 | (730 ILCS 5/5-4.5-45) | ||||||
24 | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | ||||||
25 | felony: |
| |||||||
| |||||||
1 | (a) TERM. The sentence of imprisonment shall be a | ||||||
2 | determinate sentence of not less than one year and not more | ||||||
3 | than 3 years. The sentence of imprisonment for an extended term | ||||||
4 | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
5 | 5/5-8-2), shall be a term not less than 3 years and not more | ||||||
6 | than 6 years.
| ||||||
7 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
8 | imprisonment shall be for a definite term of up to 18 months, | ||||||
9 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
10 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
11 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
12 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
13 | the impact incarceration program or the county impact | ||||||
14 | incarceration program.
| ||||||
15 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
16 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
17 | period of probation or conditional discharge shall not exceed | ||||||
18 | 30 months. The court shall specify the conditions of probation | ||||||
19 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
20 | ILCS 5/5-6-3).
| ||||||
21 | (e) FINE. Fines may be imposed as provided in Section | ||||||
22 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
23 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
24 | concerning restitution.
| ||||||
25 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
26 | be concurrent or consecutive as provided in Section 5-8-4 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
2 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
3 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
4 | program.
| ||||||
5 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
6 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
7 | detention prior to judgment.
| ||||||
8 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
9 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
10 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
11 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
12 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
13 | detention.
| ||||||
14 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
15 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
16 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
17 | be one year upon release from imprisonment.
| ||||||
18 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
19 | (730 ILCS 5/5-4.5-50) | ||||||
20 | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | ||||||
21 | as otherwise provided, for all felonies: | ||||||
22 | (a) NO SUPERVISION. The court, upon a plea of guilty or a | ||||||
23 | stipulation by the defendant of the facts supporting the charge | ||||||
24 | or a finding of guilt, may not defer further proceedings and | ||||||
25 | the imposition of a sentence and may not enter an order for |
| |||||||
| |||||||
1 | supervision of the defendant. | ||||||
2 | (b) FELONY FINES. An offender may be sentenced to pay a | ||||||
3 | fine not to exceed, for each offense, $25,000 or the amount | ||||||
4 | specified in the offense, whichever is greater, or if the | ||||||
5 | offender is a corporation, $50,000 or the amount specified in | ||||||
6 | the offense, whichever is greater. A fine may be imposed in | ||||||
7 | addition to a sentence of conditional discharge, probation, | ||||||
8 | periodic imprisonment, or imprisonment. See Article 9 of | ||||||
9 | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | ||||||
10 | additional amounts and determination of amounts and payment. | ||||||
11 | The court shall consider the offender's financial | ||||||
12 | circumstances and ability to pay before and after imprisonment | ||||||
13 | before assessing any fine. | ||||||
14 | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | ||||||
15 | each felony conviction shall set forth his or her reasons for | ||||||
16 | imposing the particular sentence entered in the case, as | ||||||
17 | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | ||||||
18 | include any mitigating or aggravating factors specified in this | ||||||
19 | Code, or the lack of any such factors, as well as any other | ||||||
20 | mitigating or aggravating factors that the judge sets forth on | ||||||
21 | the record that are consistent with the purposes and principles | ||||||
22 | of sentencing set out in this Code. | ||||||
23 | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | ||||||
24 | sentence may be made, or the court may reduce a sentence | ||||||
25 | without motion, within 30 days after the sentence is imposed. A | ||||||
26 | defendant's challenge to the correctness of a sentence or to |
| |||||||
| |||||||
1 | any aspect of the sentencing hearing shall be made by a written | ||||||
2 | motion filed with the circuit court clerk within 30 days | ||||||
3 | following the imposition of sentence. A motion not filed within | ||||||
4 | that 30-day period is not timely. The court may not increase a | ||||||
5 | sentence once it is imposed. A notice of motion must be filed | ||||||
6 | with the motion. The notice of motion shall set the motion on | ||||||
7 | the court's calendar on a date certain within a reasonable time | ||||||
8 | after the date of filing. | ||||||
9 | If a motion filed pursuant to this subsection is timely | ||||||
10 | filed, the proponent of the motion shall exercise due diligence | ||||||
11 | in seeking a determination on the motion and the court shall | ||||||
12 | thereafter decide the motion within a reasonable time. | ||||||
13 | If a motion filed pursuant to this subsection is timely | ||||||
14 | filed, then for purposes of perfecting an appeal, a final | ||||||
15 | judgment is not considered to have been entered until the | ||||||
16 | motion to reduce the sentence has been decided by order entered | ||||||
17 | by the trial court. | ||||||
18 | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | ||||||
19 | OTHER-STATE SENTENCE. A defendant who has a previous and | ||||||
20 | unexpired sentence of imprisonment imposed by another state or | ||||||
21 | by any district court of the United States and who, after | ||||||
22 | sentence for a crime in Illinois, must return to serve the | ||||||
23 | unexpired prior sentence may have his or her sentence by the | ||||||
24 | Illinois court ordered to be concurrent with the prior | ||||||
25 | other-state or federal sentence. The court may order that any | ||||||
26 | time served on the unexpired portion of the other-state or |
| |||||||
| |||||||
1 | federal sentence, prior to his or her return to Illinois, shall | ||||||
2 | be credited on his or her Illinois sentence. The appropriate | ||||||
3 | official of the other state or the United States shall be | ||||||
4 | furnished with a copy of the order imposing sentence, which | ||||||
5 | shall provide that, when the offender is released from | ||||||
6 | other-state or federal confinement, whether by parole or by | ||||||
7 | termination of sentence, the offender shall be transferred by | ||||||
8 | the Sheriff of the committing Illinois county to the Illinois | ||||||
9 | Department of Corrections. The court shall cause the Department | ||||||
10 | of Corrections to be notified of the sentence at the time of | ||||||
11 | commitment and to be provided with copies of all records | ||||||
12 | regarding the sentence. | ||||||
13 | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | ||||||
14 | defendant who has a previous and unexpired sentence of | ||||||
15 | imprisonment imposed by an Illinois circuit court for a crime | ||||||
16 | in this State and who is subsequently sentenced to a term of | ||||||
17 | imprisonment by another state or by any district court of the | ||||||
18 | United States and who has served a term of imprisonment imposed | ||||||
19 | by the other state or district court of the United States, and | ||||||
20 | must return to serve the unexpired prior sentence imposed by | ||||||
21 | the Illinois circuit court, may apply to the Illinois circuit | ||||||
22 | court that imposed sentence to have his or her sentence | ||||||
23 | reduced. | ||||||
24 | The circuit court may order that any time served on the | ||||||
25 | sentence imposed by the other state or district court of the | ||||||
26 | United States be credited on his or her Illinois sentence. The |
| |||||||
| |||||||
1 | application for reduction of a sentence under this subsection | ||||||
2 | shall be made within 30 days after the defendant has completed | ||||||
3 | the sentence imposed by the other state or district court of | ||||||
4 | the United States.
| ||||||
5 | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | ||||||
6 | sentence or disposition that requires the defendant to be | ||||||
7 | implanted or injected with or to use any form of birth control.
| ||||||
8 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
9 | (730 ILCS 5/5-4.5-70) | ||||||
10 | Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. | ||||||
11 | Except as otherwise provided, for all misdemeanors: | ||||||
12 | (a) SUPERVISION; ORDER. The court, upon a plea of guilty or | ||||||
13 | a stipulation by the defendant of the facts supporting the | ||||||
14 | charge or a finding of guilt, may defer further proceedings and | ||||||
15 | the imposition of a sentence and may enter an order for | ||||||
16 | supervision of the defendant. If the defendant is not barred | ||||||
17 | from receiving an order for supervision under Section 5-6-1 | ||||||
18 | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order | ||||||
19 | for supervision after considering the circumstances of the | ||||||
20 | offense, and the history, character, and condition of the | ||||||
21 | offender, if the court is of the opinion that: | ||||||
22 | (1) the defendant is not likely to commit further | ||||||
23 | crimes; | ||||||
24 | (2) the defendant and the public would be best served | ||||||
25 | if the defendant were not to receive a criminal record; and |
| |||||||
| |||||||
1 | (3) in the best interests of justice, an order of | ||||||
2 | supervision is more appropriate than a sentence otherwise | ||||||
3 | permitted under this Code. | ||||||
4 | (b) SUPERVISION; PERIOD. When a defendant is placed on | ||||||
5 | supervision, the court shall enter an order for supervision | ||||||
6 | specifying the period of supervision, and shall defer further | ||||||
7 | proceedings in the case until the conclusion of the period. The | ||||||
8 | period of supervision shall be reasonable under all of the | ||||||
9 | circumstances of the case, and except as otherwise provided, | ||||||
10 | may not be longer than 2 years, unless the defendant has | ||||||
11 | knowingly or intentionally failed to pay the assessment | ||||||
12 | required by Section 10.3 of the Cannabis Control Act (720 ILCS | ||||||
13 | 550/10.3), Section 411.2 of the Illinois Controlled Substances | ||||||
14 | Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine | ||||||
15 | Control and Community Protection Act (720 ILCS 646/80), in | ||||||
16 | which case the court may extend supervision beyond 2 years. The | ||||||
17 | court shall specify the conditions of supervision as set forth | ||||||
18 | in Section 5-6-3.1 (730 ILCS 5/5-6-3.1). | ||||||
19 | (c) NO REQUIRED BIRTH CONTROL. A court may not impose a | ||||||
20 | sentence or disposition that requires the defendant to be | ||||||
21 | implanted or injected with or to use any form of birth control.
| ||||||
22 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
23 | (730 ILCS 5/5-4.5-85)
| ||||||
24 | Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. | ||||||
25 | (a) FELONY. The particular classification of each felony is |
| |||||||
| |||||||
1 | specified in the law defining the felony. Any unclassified | ||||||
2 | offense that is declared by law to be a felony or that provides | ||||||
3 | a sentence to a term of imprisonment for one year or more is a | ||||||
4 | Class 4 felony. | ||||||
5 | (b) MISDEMEANOR. The particular classification of each | ||||||
6 | misdemeanor is specified in the law or ordinance defining the | ||||||
7 | misdemeanor. | ||||||
8 | (1) Any offense not so classified that provides a | ||||||
9 | sentence to a term of imprisonment of less than one year | ||||||
10 | but in excess of 6 months is a Class A misdemeanor. | ||||||
11 | (2) Any offense not so classified that provides a | ||||||
12 | sentence to a term of imprisonment of 6 months or less but | ||||||
13 | in excess of 30 days is a Class B misdemeanor. | ||||||
14 | (3) Any offense not so classified that provides a | ||||||
15 | sentence to a term of imprisonment of 30 days or less is a | ||||||
16 | Class C misdemeanor. | ||||||
17 | (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense | ||||||
18 | that does not provide for a sentence of imprisonment is a petty | ||||||
19 | offense or a business offense.
| ||||||
20 | (Source: P.A. 95-1052, eff. 7-1-09 .) | ||||||
21 | (730 ILCS 5/5-4.5-95) | ||||||
22 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
23 | (a) HABITUAL CRIMINALS. | ||||||
24 | (1) Every person who has been twice convicted in any | ||||||
25 | state or federal court of an offense that contains the same |
| |||||||
| |||||||
1 | elements as an offense now (the date of the offense | ||||||
2 | committed after the 2 prior convictions) classified in | ||||||
3 | Illinois as a Class X felony, criminal sexual assault, | ||||||
4 | aggravated kidnapping, or first degree murder, and who is | ||||||
5 | thereafter convicted of a Class X felony, criminal sexual | ||||||
6 | assault, or first degree murder, committed after the 2 | ||||||
7 | prior convictions, shall be adjudged an habitual criminal. | ||||||
8 | (2) The 2 prior convictions need not have been for the | ||||||
9 | same offense. | ||||||
10 | (3) Any convictions that result from or are connected | ||||||
11 | with the same transaction, or result from offenses | ||||||
12 | committed at the same time, shall be counted for the | ||||||
13 | purposes of this Section as one conviction. | ||||||
14 | (4) This Section does not apply unless each of the | ||||||
15 | following requirements are satisfied: | ||||||
16 | (A) The third offense was committed after July 3, | ||||||
17 | 1980. | ||||||
18 | (B) The third offense was committed within 20 years | ||||||
19 | of the date that judgment was entered on the first | ||||||
20 | conviction; provided, however, that time spent in | ||||||
21 | custody shall not be counted. | ||||||
22 | (C) The third offense was committed after | ||||||
23 | conviction on the second offense. | ||||||
24 | (D) The second offense was committed after | ||||||
25 | conviction on the first offense. | ||||||
26 | (5) Anyone who, having attained the age of 18 at the |
| |||||||
| |||||||
1 | time of the third offense, is adjudged an habitual criminal | ||||||
2 | shall be sentenced to a term of natural life imprisonment. | ||||||
3 | (6) A prior conviction shall not be alleged in the | ||||||
4 | indictment, and no evidence or other disclosure of that | ||||||
5 | conviction shall be presented to the court or the jury | ||||||
6 | during the trial of an offense set forth in this Section | ||||||
7 | unless otherwise permitted by the issues properly raised in | ||||||
8 | that trial. After a plea or verdict or finding of guilty | ||||||
9 | and before sentence is imposed, the prosecutor may file | ||||||
10 | with the court a verified written statement signed by the | ||||||
11 | State's Attorney concerning any former conviction of an | ||||||
12 | offense set forth in this Section rendered against the | ||||||
13 | defendant. The court shall then cause the defendant to be | ||||||
14 | brought before it; shall inform the defendant of the | ||||||
15 | allegations of the statement so filed, and of his or her | ||||||
16 | right to a hearing before the court on the issue of that | ||||||
17 | former conviction and of his or her right to counsel at | ||||||
18 | that hearing; and unless the defendant admits such | ||||||
19 | conviction, shall hear and determine the issue, and shall | ||||||
20 | make a written finding thereon. If a sentence has | ||||||
21 | previously been imposed, the court may vacate that sentence | ||||||
22 | and impose a new sentence in accordance with this Section. | ||||||
23 | (7) A duly authenticated copy of the record of any | ||||||
24 | alleged former conviction of an offense set forth in this | ||||||
25 | Section shall be prima facie evidence of that former | ||||||
26 | conviction; and a duly authenticated copy of the record of |
| |||||||
| |||||||
1 | the defendant's final release or discharge from probation | ||||||
2 | granted, or from sentence and parole supervision (if any) | ||||||
3 | imposed pursuant to that former conviction, shall be prima | ||||||
4 | facie evidence of that release or discharge. | ||||||
5 | (8) Any claim that a previous conviction offered by the | ||||||
6 | prosecution is not a former conviction of an offense set | ||||||
7 | forth in this Section because of the existence of any | ||||||
8 | exceptions described in this Section, is waived unless duly | ||||||
9 | raised at the hearing on that conviction, or unless the | ||||||
10 | prosecution's proof shows the existence of the exceptions | ||||||
11 | described in this Section. | ||||||
12 | (9) If the person so convicted shows to the | ||||||
13 | satisfaction of the court before whom that conviction was | ||||||
14 | had that he or she was released from imprisonment, upon | ||||||
15 | either of the sentences upon a pardon granted for the | ||||||
16 | reason that he or she was innocent, that conviction and | ||||||
17 | sentence shall not be considered under this Section.
| ||||||
18 | (b) (Blank). When a defendant, over the age of 21 years, is | ||||||
19 | convicted of a Class 1 or Class 2 felony, after having twice | ||||||
20 | been convicted in any state or federal court of an offense that | ||||||
21 | contains the same elements as an offense now (the date the | ||||||
22 | Class 1 or Class 2 felony was committed) classified in Illinois | ||||||
23 | as a Class 2 or greater Class felony and those charges are | ||||||
24 | separately brought and tried and arise out of different series | ||||||
25 | of acts, that defendant shall be sentenced as a Class X | ||||||
26 | offender. This subsection does not apply unless: |
| |||||||
| |||||||
1 | (1) the first felony was committed after February 1, | ||||||
2 | 1978 (the effective date of Public Act 80-1099); | ||||||
3 | (2) the second felony was committed after conviction on | ||||||
4 | the first; and | ||||||
5 | (3) the third felony was committed after conviction on | ||||||
6 | the second. | ||||||
7 | A person sentenced as a Class X offender under this | ||||||
8 | subsection (b) is not eligible to apply for treatment as a | ||||||
9 | condition of probation as provided by Section 40-10 of the | ||||||
10 | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||||||
11 | 301/40-10).
| ||||||
12 | (Source: P.A. 99-69, eff. 1-1-16 .) | ||||||
13 | (730 ILCS 5/5-4.5-105) | ||||||
14 | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | ||||||
15 | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | ||||||
16 | (a) On or after the effective date of this amendatory Act | ||||||
17 | of the 99th General Assembly, when a person commits an offense | ||||||
18 | and the person is under 18 years of age at the time of the | ||||||
19 | commission of the offense, the court, at the sentencing hearing | ||||||
20 | conducted under Section 5-4-1, shall consider the following | ||||||
21 | additional factors in mitigation in determining the | ||||||
22 | appropriate sentence: | ||||||
23 | (1) the person's age, impetuosity, and level of | ||||||
24 | maturity at the time of the offense, including the ability | ||||||
25 | to consider risks and consequences of behavior, and the |
| |||||||
| |||||||
1 | presence of cognitive or developmental disability, or | ||||||
2 | both, if any; | ||||||
3 | (2) whether the person was subjected to outside | ||||||
4 | pressure, including peer pressure, familial pressure, or | ||||||
5 | negative influences; | ||||||
6 | (3) the person's family, home environment, educational | ||||||
7 | and social background, including any history of parental | ||||||
8 | neglect, physical abuse, or other childhood trauma; | ||||||
9 | (4) the person's potential for rehabilitation or | ||||||
10 | evidence of rehabilitation, or both; | ||||||
11 | (5) the circumstances of the offense; | ||||||
12 | (6) the person's degree of participation and specific | ||||||
13 | role in the offense, including the level of planning by the | ||||||
14 | defendant before the offense; | ||||||
15 | (7) whether the person was able to meaningfully | ||||||
16 | participate in his or her defense; | ||||||
17 | (8) the person's prior juvenile or criminal history; | ||||||
18 | and | ||||||
19 | (9) any other information the court finds relevant and | ||||||
20 | reliable, including an expression of remorse, if | ||||||
21 | appropriate. However, if the person, on advice of counsel | ||||||
22 | chooses not to make a statement, the court shall not | ||||||
23 | consider a lack of an expression of remorse as an | ||||||
24 | aggravating factor. | ||||||
25 | (b) Except as provided in subsection (c), the court may | ||||||
26 | sentence the defendant to any disposition authorized for the |
| |||||||
| |||||||
1 | class of the offense of which he or she was found guilty as | ||||||
2 | described in Article 4.5 of this Code, and may, in its | ||||||
3 | discretion, decline to impose any otherwise applicable | ||||||
4 | sentencing enhancement based upon firearm possession, | ||||||
5 | possession with personal discharge, or possession with | ||||||
6 | personal discharge that proximately causes great bodily harm, | ||||||
7 | permanent disability, permanent disfigurement, or death to | ||||||
8 | another person. | ||||||
9 | (c) Notwithstanding any other provision of law, if the | ||||||
10 | defendant is convicted of first degree murder and would | ||||||
11 | otherwise be subject to sentencing under clause (iii), (iv), | ||||||
12 | (v), or (vii) of subsection (c) of Section 5-8-1 of this Code | ||||||
13 | based on the category of persons identified therein, the court | ||||||
14 | shall impose a sentence of not less than 20 40 years of | ||||||
15 | imprisonment. In addition, the court may, in its discretion, | ||||||
16 | decline to impose the sentencing enhancements based upon the | ||||||
17 | possession or use of a firearm during the commission of the | ||||||
18 | offense included in subsection (d) of Section 5-8-1.
| ||||||
19 | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16 .) | ||||||
20 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) | ||||||
21 | (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, | ||||||
22 | 97-545, 98-537, and 99-480) | ||||||
23 | Sec. 5-9-1.1. Drug related offenses. | ||||||
24 | (a) When a person has been adjudged guilty of a drug | ||||||
25 | related
offense involving possession or delivery of cannabis or |
| |||||||
| |||||||
1 | possession or delivery
of a controlled substance, other than | ||||||
2 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
3 | amended,
or the Illinois Controlled Substances Act, as amended, | ||||||
4 | in addition to any
other penalty imposed, a fine shall be | ||||||
5 | levied by the court at not less than
the full street value of | ||||||
6 | the cannabis or controlled substances seized for felony | ||||||
7 | offenses . | ||||||
8 | "Street value" shall be determined by the court on the | ||||||
9 | basis of testimony
of law enforcement personnel and the | ||||||
10 | defendant as to the amount seized and
such testimony as may be | ||||||
11 | required by the court as to the current street
value of the | ||||||
12 | cannabis or controlled substance seized. | ||||||
13 | (b) In addition to any penalty imposed under subsection (a) | ||||||
14 | of this
Section, a fine of
$100 shall be levied by the court on | ||||||
15 | felony offenders , the proceeds of which
shall be collected by | ||||||
16 | the Circuit Clerk and remitted to the State Treasurer
under | ||||||
17 | Section 27.6 of the Clerks of Courts Act
for deposit into the | ||||||
18 | Trauma
Center Fund for distribution as provided under Section | ||||||
19 | 3.225 of the Emergency
Medical Services (EMS) Systems Act. | ||||||
20 | (c) In addition to any penalty imposed under subsection (a) | ||||||
21 | of this
Section, a fee of $5 shall be assessed by the court on | ||||||
22 | felony offenders , the proceeds of which
shall be collected by | ||||||
23 | the Circuit Clerk and remitted to the State Treasurer
under | ||||||
24 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
25 | Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This | ||||||
26 | additional fee of $5 shall not be considered a part of the fine |
| |||||||
| |||||||
1 | for
purposes of any reduction in the fine for time served | ||||||
2 | either before or after
sentencing. | ||||||
3 | (d) In addition to any penalty imposed under subsection (a) | ||||||
4 | of this
Section for a drug related
offense involving felony | ||||||
5 | possession or delivery
of cannabis or possession or delivery of | ||||||
6 | a controlled substance as defined in the Cannabis Control Act, | ||||||
7 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
8 | Control and Community Protection Act, a fee of $50 shall be | ||||||
9 | assessed by the court, the proceeds of which
shall be collected | ||||||
10 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
11 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
12 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
13 | fee of $50 shall not be considered a part of the fine for
| ||||||
14 | purposes of any reduction in the fine for time served either | ||||||
15 | before or after
sentencing. The provisions of this subsection | ||||||
16 | (d), other than this sentence, are inoperative after June 30, | ||||||
17 | 2011. | ||||||
18 | (e) In addition to any penalty imposed under subsection (a) | ||||||
19 | of this
Section, a $25 assessment shall be assessed by the | ||||||
20 | court on felony offenders , the proceeds of which
shall be | ||||||
21 | collected by the Circuit Clerk and remitted to the State | ||||||
22 | Treasurer for deposit into the Criminal Justice Information | ||||||
23 | Projects Fund. The moneys deposited into the Criminal Justice | ||||||
24 | Information Projects Fund under this Section shall be | ||||||
25 | appropriated to and administered by the Illinois Criminal | ||||||
26 | Justice Information Authority for funding of drug task forces |
| |||||||
| |||||||
1 | and Metropolitan Enforcement Groups. | ||||||
2 | (f) In addition to any penalty imposed under subsection (a) | ||||||
3 | of this
Section, a $40 assessment shall be assessed by the | ||||||
4 | court on felony offenders , the proceeds of which
shall be | ||||||
5 | collected by the Circuit Clerk. Of the collected proceeds, (i) | ||||||
6 | 90% shall be remitted to the State Treasurer for deposit into | ||||||
7 | the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be | ||||||
8 | remitted for deposit into the Criminal Justice Information | ||||||
9 | Projects Fund, for use by the Illinois Criminal Justice | ||||||
10 | Information Authority for the costs associated with making | ||||||
11 | grants from the Prescription Pill and Drug Disposal Fund; and | ||||||
12 | (iii) the Circuit Clerk shall retain 5% for deposit into the | ||||||
13 | Circuit Court Clerk Operation and Administrative Fund for the | ||||||
14 | costs associated with administering this subsection. | ||||||
15 | (Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.) | ||||||
16 | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, | ||||||
17 | 97-545, 98-537, and 99-480) | ||||||
18 | Sec. 5-9-1.1. Drug related offenses. | ||||||
19 | (a) When a person has been adjudged guilty of a drug | ||||||
20 | related
offense involving possession or delivery of cannabis or | ||||||
21 | possession or delivery
of a controlled substance as defined in | ||||||
22 | the Cannabis Control Act, the Illinois Controlled Substances | ||||||
23 | Act, or the Methamphetamine Control and Community Protection | ||||||
24 | Act, in addition to any
other penalty imposed, a fine shall be | ||||||
25 | levied by the court at not less than
the full street value of |
| |||||||
| |||||||
1 | the cannabis or controlled substances seized for felony | ||||||
2 | offenses . | ||||||
3 | "Street value" shall be determined by the court on the | ||||||
4 | basis of testimony
of law enforcement personnel and the | ||||||
5 | defendant as to the amount seized and
such testimony as may be | ||||||
6 | required by the court as to the current street
value of the | ||||||
7 | cannabis or controlled substance seized. | ||||||
8 | (b) In addition to any penalty imposed under subsection (a) | ||||||
9 | of this
Section, a fine of $100 shall be levied by the court on | ||||||
10 | felony offenders , the proceeds of which
shall be collected by | ||||||
11 | the Circuit Clerk and remitted to the State Treasurer
under | ||||||
12 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
13 | Trauma
Center Fund for distribution as provided under Section | ||||||
14 | 3.225 of the Emergency
Medical Services (EMS) Systems Act. | ||||||
15 | (c) In addition to any penalty imposed under subsection (a) | ||||||
16 | of this
Section, a fee of $5 shall be assessed by the court on | ||||||
17 | felony offenders , the proceeds of which
shall be collected by | ||||||
18 | the Circuit Clerk and remitted to the State Treasurer
under | ||||||
19 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
20 | Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This | ||||||
21 | additional fee of $5 shall not be considered a part of the fine | ||||||
22 | for
purposes of any reduction in the fine for time served | ||||||
23 | either before or after
sentencing. | ||||||
24 | (d) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section for a drug related
offense involving felony | ||||||
26 | possession or delivery
of cannabis or possession or delivery of |
| |||||||
| |||||||
1 | a controlled substance as defined in the Cannabis Control Act, | ||||||
2 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
3 | Control and Community Protection Act, a fee of $50 shall be | ||||||
4 | assessed by the court, the proceeds of which
shall be collected | ||||||
5 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
6 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
7 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
8 | fee of $50 shall not be considered a part of the fine for
| ||||||
9 | purposes of any reduction in the fine for time served either | ||||||
10 | before or after
sentencing. The provisions of this subsection | ||||||
11 | (d), other than this sentence, are inoperative after June 30, | ||||||
12 | 2011. | ||||||
13 | (e) In addition to any penalty imposed under subsection (a) | ||||||
14 | of this
Section, a $25 assessment shall be assessed by the | ||||||
15 | court on felony offenders , the proceeds of which
shall be | ||||||
16 | collected by the Circuit Clerk and remitted to the State | ||||||
17 | Treasurer for deposit into the Criminal Justice Information | ||||||
18 | Projects Fund. The moneys deposited into the Criminal Justice | ||||||
19 | Information Projects Fund under this Section shall be | ||||||
20 | appropriated to and administered by the Illinois Criminal | ||||||
21 | Justice Information Authority for funding of drug task forces | ||||||
22 | and Metropolitan Enforcement Groups. | ||||||
23 | (f) In addition to any penalty imposed under subsection (a) | ||||||
24 | of this
Section, a $40 assessment shall be assessed by the | ||||||
25 | court on felony offenders , the proceeds of which
shall be | ||||||
26 | collected by the Circuit Clerk. Of the collected proceeds, (i) |
| |||||||
| |||||||
1 | 90% shall be remitted to the State Treasurer for deposit into | ||||||
2 | the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be | ||||||
3 | remitted for deposit into the Criminal Justice Information | ||||||
4 | Projects Fund, for use by the Illinois Criminal Justice | ||||||
5 | Information Authority for the costs associated with making | ||||||
6 | grants from the Prescription Pill and Drug Disposal Fund; and | ||||||
7 | (iii) the Circuit Clerk shall retain 5% for deposit into the | ||||||
8 | Circuit Court Clerk Operation and Administrative Fund for the | ||||||
9 | costs associated with administering this subsection. | ||||||
10 | (Source: P.A. 98-537, eff. 8-23-13 ; 99-480, eff. 9-9-15.)
| ||||||
11 | (730 ILCS 5/5-9-1.10)
| ||||||
12 | Sec. 5-9-1.10. Additional fines. There shall be added to | ||||||
13 | every penalty
imposed in sentencing for a violation of Sections | ||||||
14 | 24-1.1, 24-1.2, or
24-1.5 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 an additional fine of $100 payable to the
| ||||||
16 | clerk, which shall be imposed upon the entry of a judgment of | ||||||
17 | conviction , only after the court considers the financial | ||||||
18 | resources of the offender and the offender's future ability to | ||||||
19 | pay the fine .
This additional fee, less 2 1/2% that shall be
| ||||||
20 | used to defray administrative costs incurred by the clerk, | ||||||
21 | shall be remitted by
the clerk to the Treasurer within 60 days | ||||||
22 | after receipt for deposit into the
Trauma Center Fund. This | ||||||
23 | additional fee of $100 shall not be
considered a part of the
| ||||||
24 | fine for purposes of any reduction in the fine for time served | ||||||
25 | either before or
after sentencing.
Not later than March 1 of |
| |||||||
| |||||||
1 | each year the circuit clerk
shall submit a report of the amount | ||||||
2 | of funds remitted to the State
Treasurer under this Section | ||||||
3 | during the preceding calendar year.
All moneys
collected by the | ||||||
4 | circuit clerk and remitted to the State Treasurer under
Section | ||||||
5 | 27.6 of the Clerks of Courts Act shall be deposited into
the | ||||||
6 | Trauma
Center Fund for distribution as provided under Section | ||||||
7 | 3.225 of the Emergency
Medical Services (EMS) Systems Act.
| ||||||
8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
9 | (730 ILCS 5/5-9-1.17) | ||||||
10 | Sec. 5-9-1.17. Additional fine to fund expungement of | ||||||
11 | juvenile records. | ||||||
12 | (a) There shall be added to every penalty imposed in | ||||||
13 | sentencing for a criminal offense an additional fine of $30 to | ||||||
14 | be imposed upon a plea of guilty or finding of guilty resulting | ||||||
15 | in a judgment of conviction , only after the court considers the | ||||||
16 | financial resources of the offender and the offender's future | ||||||
17 | ability to pay the fine . | ||||||
18 | (b) Ten dollars of each such additional fine shall be | ||||||
19 | remitted to the State Treasurer for deposit into the State | ||||||
20 | Police Services Fund to be used to implement the expungement of | ||||||
21 | juvenile records as provided in Section 5-622 of the Juvenile | ||||||
22 | Court Act of 1987, $10 shall be paid to the State's Attorney's | ||||||
23 | Office that prosecuted the criminal offense, and $10 shall be | ||||||
24 | retained by the Circuit Clerk for administrative costs | ||||||
25 | associated with the expungement of juvenile records and shall |
| |||||||
| |||||||
1 | be deposited into the Circuit Court Clerk Operation and | ||||||
2 | Administrative Fund.
| ||||||
3 | (Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||||||
4 | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
| ||||||
5 | Sec. 5-9-3. Default.
| ||||||
6 | (a) An offender who defaults in the payment of a fine or
| ||||||
7 | any
installment of that fine may be held in contempt and | ||||||
8 | imprisoned for nonpayment only upon the showing that the | ||||||
9 | offender's default was due to his or her intentional refusal to | ||||||
10 | pay or failure on his or her part to make a good faith effort to | ||||||
11 | pay . The
court may issue a summons for his appearance or a | ||||||
12 | warrant of arrest.
| ||||||
13 | (b) Unless the offender shows that his default was not due | ||||||
14 | to his
intentional refusal to pay, or not due to a failure on | ||||||
15 | his part to make a
good faith effort to pay, the court may | ||||||
16 | order the offender imprisoned for a
term not to exceed 2 6 | ||||||
17 | months if the fine was for a felony, or 15 30 days if the
fine | ||||||
18 | was for a misdemeanor, a petty offense or a business offense. | ||||||
19 | Payment
of the fine at any time will entitle the offender to be | ||||||
20 | released, but
imprisonment under this Section shall not satisfy | ||||||
21 | the payment of the fine.
| ||||||
22 | (c) If it appears that the default in the payment of a fine | ||||||
23 | is not
intentional under paragraph (b) of this Section, the | ||||||
24 | court may enter an
order allowing the offender additional time | ||||||
25 | for payment, reducing the
amount of the fine or of each |
| |||||||
| |||||||
1 | installment, or revoking the fine or the
unpaid portion. The | ||||||
2 | court shall consider the offender's financial circumstances | ||||||
3 | and future ability to pay a fine by assessing the offender's | ||||||
4 | assets, employability, and related income when requiring | ||||||
5 | payment under this subsection (c). No fee shall be so great | ||||||
6 | that the offender is not able to care for the basic needs of | ||||||
7 | her or his family or results in the offender applying for | ||||||
8 | public aid.
| ||||||
9 | (d) When a fine is imposed on a corporation or | ||||||
10 | unincorporated
organization or association, it is the duty of | ||||||
11 | the person or persons
authorized to make disbursement of | ||||||
12 | assets, and their superiors, to pay the
fine from assets of the | ||||||
13 | corporation or unincorporated organization or
association. The | ||||||
14 | failure of such persons to do so shall render them subject
to | ||||||
15 | proceedings under paragraphs (a) and (b) of this Section.
| ||||||
16 | (e) A default in the payment of a fine, fee, cost, order of | ||||||
17 | restitution, judgment of bond forfeiture, judgment order of | ||||||
18 | forfeiture, or any installment thereof
may be
collected by any | ||||||
19 | and all means authorized for the collection of money judgments | ||||||
20 | provided the offender has the assets or income to pay as | ||||||
21 | determined by the court. Upon receipt of the results of the | ||||||
22 | court's consideration of the offenders financial | ||||||
23 | circumstances, the . The State's Attorney of the county in which | ||||||
24 | the fine, fee, cost, order of restitution, judgment of bond | ||||||
25 | forfeiture, or judgment order of forfeiture was imposed may | ||||||
26 | retain
attorneys and private collection agents for the purpose |
| |||||||
| |||||||
1 | of collecting any
default in payment of any fine, fee, cost, | ||||||
2 | order of restitution, judgment of bond forfeiture, judgment | ||||||
3 | order of forfeiture, or installment thereof. An additional fee | ||||||
4 | of 30% of the delinquent amount and each taxable court cost | ||||||
5 | including, without limitation, costs of service of process, | ||||||
6 | shall be charged to the offender for any amount of the fine, | ||||||
7 | fee, cost, restitution, or judgment of bond forfeiture or | ||||||
8 | installment of the fine, fee, cost, restitution, or judgment of | ||||||
9 | bond forfeiture that remains unpaid after the time fixed for | ||||||
10 | payment of the fine, fee, cost, restitution, or judgment of | ||||||
11 | bond forfeiture by the court. The additional fee shall be | ||||||
12 | payable to the State's Attorney in order to compensate the | ||||||
13 | State's Attorney for costs incurred in collecting the | ||||||
14 | delinquent amount. The State's Attorney may enter into | ||||||
15 | agreements assigning any portion of the fee to the retained | ||||||
16 | attorneys or the private collection agent retained by the | ||||||
17 | State's Attorney. Any agreement between the State's Attorney | ||||||
18 | and the retained attorneys or collection agents shall require | ||||||
19 | the approval of the Circuit Clerk of that county. A default in | ||||||
20 | payment of a fine, fee, cost, restitution, or judgment of bond | ||||||
21 | forfeiture shall draw interest at the rate of 9% per annum. The | ||||||
22 | private collection agent retained by the State's Attorney shall | ||||||
23 | not be given any of the additional fees or interest due under | ||||||
24 | this subsection (e).
| ||||||
25 | (Source: P.A. 98-373, eff. 1-1-14.)
|
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1 | Section 98. Applicability. This amendatory Act of the 99th | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | General Assembly applies to offenses committed before its | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | effective date of this amendatory Act, and to offenses | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | committed on or after its effective date. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | A person currently serving a sentence for a conviction, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | whether by trial or plea, of a felony or felonies who would | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | have been guilty of a misdemeanor or lesser felony | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | classification under this amendatory Act had the amendatory Act | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | been in effect at the time of the offense may petition the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | trial court that entered the judgment of conviction in his or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | her case to request resentencing in accordance with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Sections that have been amended by this amendatory Act. A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | person who is resentenced shall be given credit for time | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | served. Under no circumstances may resentencing result in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | imposition of a term longer than the original sentence.
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