Illinois General Assembly - Full Text of HB0353
Illinois General Assembly

Previous General Assemblies

Full Text of HB0353  99th General Assembly

HB0353ham002 99TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/23/2015

 

 


 

 


 
09900HB0353ham002LRB099 06157 RLC 33151 a

1
AMENDMENT TO HOUSE BILL 353

2    AMENDMENT NO. ______. Amend House Bill 353 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Health Care Worker Background Check Act is
5amended by changing Section 25 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Persons ineligible to be hired by health care
8employers and long-term care facilities.
9    (a) In the discretion of the Director of Public Health, as
10soon after January 1, 1996, January 1, 1997, January 1, 2006,
11or October 1, 2007, as applicable, and as is reasonably
12practical, no health care employer shall knowingly hire,
13employ, or retain any individual in a position with duties
14involving direct care for clients, patients, or residents, and
15no long-term care facility shall knowingly hire, employ, or
16retain any individual in a position with duties that involve or

 

 

09900HB0353ham002- 2 -LRB099 06157 RLC 33151 a

1may involve contact with residents or access to the living
2quarters or the financial, medical, or personal records of
3residents, who has been convicted of committing or attempting
4to commit one or more of the following offenses: those defined
5in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
69-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
710-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
811-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
912-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
1012-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
1112-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
1212-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,
1318-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
1424-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of
15Section 11-14.4, or in subsection (a) of Section 12-3 or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012; those provided in Section
184 of the Wrongs to Children Act; those provided in Section 53
19of the Criminal Jurisprudence Act; those defined in Section 5,
205.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in
21the Methamphetamine Control and Community Protection Act; or
22those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or
23407.1 of the Illinois Controlled Substances Act, unless the
24applicant or employee obtains a waiver pursuant to Section 40.
25    (a-1) In the discretion of the Director of Public Health,
26as soon after January 1, 2004 or October 1, 2007, as

 

 

09900HB0353ham002- 3 -LRB099 06157 RLC 33151 a

1applicable, and as is reasonably practical, no health care
2employer shall knowingly hire any individual in a position with
3duties involving direct care for clients, patients, or
4residents, and no long-term care facility shall knowingly hire
5any individual in a position with duties that involve or may
6involve contact with residents or access to the living quarters
7or the financial, medical, or personal records of residents,
8who has (i) been convicted of committing or attempting to
9commit one or more of the offenses defined in Section 12-3.3,
1012-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
1117-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6,
1224-3.2, or 24-3.3, or subsection (b) of Section 17-32,
13subsection (b) of Section 18-1, or subsection (b) of Section
1420-1, of the Criminal Code of 1961 or the Criminal Code of
152012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
16and Debit Card Act; or Section 11-9.1A of the Criminal Code of
171961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
18to Children Act; or (ii) violated Section 50-50 of the Nurse
19Practice Act, unless the applicant or employee obtains a waiver
20pursuant to Section 40 of this Act.
21    A health care employer is not required to retain an
22individual in a position with duties involving direct care for
23clients, patients, or residents, and no long-term care facility
24is required to retain an individual in a position with duties
25that involve or may involve contact with residents or access to
26the living quarters or the financial, medical, or personal

 

 

09900HB0353ham002- 4 -LRB099 06157 RLC 33151 a

1records of residents, who has been convicted of committing or
2attempting to commit one or more of the offenses enumerated in
3this subsection.
4    (b) A health care employer shall not hire, employ, or
5retain any individual in a position with duties involving
6direct care of clients, patients, or residents, and no
7long-term care facility shall knowingly hire, employ, or retain
8any individual in a position with duties that involve or may
9involve contact with residents or access to the living quarters
10or the financial, medical, or personal records of residents, if
11the health care employer becomes aware that the individual has
12been convicted in another state of committing or attempting to
13commit an offense that has the same or similar elements as an
14offense listed in subsection (a) or (a-1), as verified by court
15records, records from a state agency, or an FBI criminal
16history record check, unless the applicant or employee obtains
17a waiver pursuant to Section 40 of this Act. This shall not be
18construed to mean that a health care employer has an obligation
19to conduct a criminal history records check in other states in
20which an employee has resided.
21(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
22930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
2396-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
241-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
25eff. 1-25-13.)
 

 

 

09900HB0353ham002- 5 -LRB099 06157 RLC 33151 a

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

 

 

09900HB0353ham002- 6 -LRB099 06157 RLC 33151 a

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

 

 

09900HB0353ham002- 7 -LRB099 06157 RLC 33151 a

1    and submit to a review of the applicant's driving habits by
2    the Secretary of State at the time the written test is
3    given;
4        5. demonstrate ability to exercise reasonable care in
5    the operation of school buses in accordance with rules
6    promulgated by the Secretary of State;
7        6. demonstrate physical fitness to operate school
8    buses by submitting the results of a medical examination,
9    including tests for drug use for each applicant not subject
10    to such testing pursuant to federal law, conducted by a
11    licensed physician, an advanced practice nurse who has a
12    written collaborative agreement with a collaborating
13    physician which authorizes him or her to perform medical
14    examinations, or a physician assistant who has been
15    delegated the performance of medical examinations by his or
16    her supervising physician within 90 days of the date of
17    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

 

 

09900HB0353ham002- 8 -LRB099 06157 RLC 33151 a

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,

 

 

09900HB0353ham002- 9 -LRB099 06157 RLC 33151 a

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, 24-1.1-5, 24-1.2, 24-1.2-5,
9    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
10    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
11    Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1),
12    (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section
13    12-3.05, and in subsection (a) and subsection (b), clause
14    (1), of Section 12-4, and in subsection (A), clauses (a)
15    and (b), of Section 24-3, and those offenses contained in
16    Article 29D of the Criminal Code of 1961 or the Criminal
17    Code of 2012; (ii) those offenses defined in the Cannabis
18    Control Act except those offenses defined in subsections
19    (a) and (b) of Section 4, and subsection (a) of Section 5
20    of the Cannabis Control Act; (iii) those offenses defined
21    in the Illinois Controlled Substances Act; (iv) those
22    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

 

 

09900HB0353ham002- 10 -LRB099 06157 RLC 33151 a

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
26specified by the Secretary of State as set forth by rule. It

 

 

09900HB0353ham002- 11 -LRB099 06157 RLC 33151 a

1shall be renewable upon compliance with subsection (a) of this
2Section.
3    (c) A school bus driver permit shall contain the holder's
4driver's license number, legal name, residence address, zip
5code, and date of birth, a brief description of the holder and
6a space for signature. The Secretary of State may require a
7suitable photograph of the holder.
8    (d) The employer shall be responsible for conducting a
9pre-employment interview with prospective school bus driver
10candidates, distributing school bus driver applications and
11medical forms to be completed by the applicant, and submitting
12the applicant's fingerprint cards to the Department of State
13Police that are required for the criminal background
14investigations. The employer shall certify in writing to the
15Secretary of State that all pre-employment conditions have been
16successfully completed including the successful completion of
17an Illinois specific criminal background investigation through
18the Department of State Police and the submission of necessary
19fingerprints to the Federal Bureau of Investigation for
20criminal history information available through the Federal
21Bureau of Investigation system. The applicant shall present the
22certification to the Secretary of State at the time of
23submitting the school bus driver permit application.
24    (e) Permits shall initially be provisional upon receiving
25certification from the employer that all pre-employment
26conditions have been successfully completed, and upon

 

 

09900HB0353ham002- 12 -LRB099 06157 RLC 33151 a

1successful completion of all training and examination
2requirements for the classification of the vehicle to be
3operated, the Secretary of State shall provisionally issue a
4School Bus Driver Permit. The permit shall remain in a
5provisional status pending the completion of the Federal Bureau
6of Investigation's criminal background investigation based
7upon fingerprinting specimens submitted to the Federal Bureau
8of Investigation by the Department of State Police. The Federal
9Bureau of Investigation shall report the findings directly to
10the Secretary of State. The Secretary of State shall remove the
11bus driver permit from provisional status upon the applicant's
12successful completion of the Federal Bureau of Investigation's
13criminal background investigation.
14    (f) A school bus driver permit holder shall notify the
15employer and the Secretary of State if he or she is issued an
16order of court supervision for or convicted in another state of
17an offense that would make him or her ineligible for a permit
18under subsection (a) of this Section. The written notification
19shall be made within 5 days of the entry of the order of court
20supervision or conviction. Failure of the permit holder to
21provide the notification is punishable as a petty offense for a
22first violation and a Class B misdemeanor for a second or
23subsequent 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

 

 

09900HB0353ham002- 13 -LRB099 06157 RLC 33151 a

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.

 

 

09900HB0353ham002- 14 -LRB099 06157 RLC 33151 a

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
11Superintendent of Education and the permit holder's
12prospective or current employer that the applicant has (1) has
13failed a criminal background investigation or (2) is no longer
14eligible for a school bus driver permit; and of the related
15cancellation of the applicant's provisional school bus driver
16permit. The cancellation shall remain in effect pending the
17outcome of a hearing pursuant to Section 2-118 of this Code.
18The scope of the hearing shall be limited to the issuance
19criteria contained in subsection (a) of this Section. A
20petition requesting a hearing shall be submitted to the
21Secretary of State and shall contain the reason the individual
22feels he or she is entitled to a school bus driver permit. The
23permit holder's employer shall notify in writing to the
24Secretary of State that the employer has certified the removal
25of the offending school bus driver from service prior to the
26start of that school bus driver's next workshift. An employing

 

 

09900HB0353ham002- 15 -LRB099 06157 RLC 33151 a

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

 

 

09900HB0353ham002- 16 -LRB099 06157 RLC 33151 a

1    "Active duty" means active duty pursuant to an executive
2order of the President of the United States, an act of the
3Congress of the United States, or an order of the Governor.
4    "Service member" means a member of the Armed Services or
5reserve forces of the United States or a member of the Illinois
6National Guard.
7(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
896-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
97-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
10Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
1197-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
121-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
13eff. 1-25-13.)
 
14    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
15    (Text of Section after amendment by P.A. 98-176)
16    Sec. 6-508. Commercial Driver's License (CDL) -
17qualification standards.
18    (a) Testing.
19        (1) General. No person shall be issued an original or
20    renewal CDL unless that person is domiciled in this State
21    or is applying for a non-domiciled CDL under Sections 6-509
22    and 6-510 of this Code. The Secretary shall cause to be
23    administered such tests as the Secretary deems necessary to
24    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
25    H, and J.

 

 

09900HB0353ham002- 17 -LRB099 06157 RLC 33151 a

1        (1.5) Effective July 1, 2014, no person shall be issued
2    an original CDL or an upgraded CDL that requires a skills
3    test unless that person has held a CLP, for a minimum of 14
4    calendar days, for the classification of vehicle and
5    endorsement, if any, for which the person is seeking a CDL.
6        (2) Third party testing. The Secretary of State may
7    authorize a "third party tester", pursuant to 49 C.F.R.
8    383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
9    skills test or tests specified by the Federal Motor Carrier
10    Safety Administration pursuant to the Commercial Motor
11    Vehicle Safety Act of 1986 and any appropriate federal
12    rule.
13    (b) Waiver of Skills Test. The Secretary of State may waive
14the skills test specified in this Section for a driver
15applicant for a commercial driver license who meets the
16requirements of 49 C.F.R. 383.77. The Secretary of State shall
17waive the skills tests specified in this Section for a driver
18applicant who has military commercial motor vehicle
19experience, subject to the requirements of 49 C.F.R. 383.77.
20    (b-1) No person shall be issued a CDL unless the person
21certifies to the Secretary one of the following types of
22driving operations in which he or she will be engaged:
23        (1) non-excepted interstate;
24        (2) non-excepted intrastate;
25        (3) excepted interstate; or
26        (4) excepted intrastate.

 

 

09900HB0353ham002- 18 -LRB099 06157 RLC 33151 a

1    (b-2) (Blank).
2    (c) Limitations on issuance of a CDL. A CDL shall not be
3issued to a person while the person is subject to a
4disqualification from driving a commercial motor vehicle, or
5unless otherwise permitted by this Code, while the person's
6driver's license is suspended, revoked or cancelled in any
7state, or any territory or province of Canada; nor may a CLP or
8CDL be issued to a person who has a CLP or CDL issued by any
9other state, or foreign jurisdiction, nor may a CDL be issued
10to a person who has an Illinois CLP unless the person first
11surrenders all of these licenses or permits. However, a person
12may hold an Illinois CLP and an Illinois CDL providing the CLP
13is necessary to train or practice for an endorsement or vehicle
14classification not present on the current CDL. No CDL shall be
15issued to or renewed for a person who does not meet the
16requirement of 49 CFR 391.41(b)(11). The requirement may be met
17with the aid of a hearing aid.
18    (c-1) The Secretary may issue a CDL with a school bus
19driver endorsement to allow a person to drive the type of bus
20described in subsection (d-5) of Section 6-104 of this Code.
21The CDL with a school bus driver endorsement may be issued only
22to a person meeting the following requirements:
23        (1) the person has submitted his or her fingerprints to
24    the Department of State Police in the form and manner
25    prescribed by the Department of State Police. These
26    fingerprints shall be checked against the fingerprint

 

 

09900HB0353ham002- 19 -LRB099 06157 RLC 33151 a

1    records now and hereafter filed in the Department of State
2    Police and Federal Bureau of Investigation criminal
3    history records databases;
4        (2) the person has passed a written test, administered
5    by the Secretary of State, on charter bus operation,
6    charter bus safety, and certain special traffic laws
7    relating to school buses determined by the Secretary of
8    State to be relevant to charter buses, and submitted to a
9    review of the driver applicant's driving habits by the
10    Secretary of State at the time the written test is given;
11        (3) the person has demonstrated physical fitness to
12    operate school buses by submitting the results of a medical
13    examination, including tests for drug use; and
14        (4) the person has not been convicted of committing or
15    attempting to commit any one or more of the following
16    offenses: (i) those offenses defined in Sections 8-1.2,
17    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
18    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
19    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
20    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
21    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
22    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
23    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
24    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
25    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
26    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,

 

 

09900HB0353ham002- 20 -LRB099 06157 RLC 33151 a

1    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
2    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
3    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
4    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
5    24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1,
6    24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
7    33D-1, and in subsection (b) of Section 8-1, and in
8    subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
9    (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
10    subsection (a) and subsection (b), clause (1), of Section
11    12-4, and in subsection (A), clauses (a) and (b), of
12    Section 24-3, and those offenses contained in Article 29D
13    of the Criminal Code of 1961 or the Criminal Code of 2012;
14    (ii) those offenses defined in the Cannabis Control Act
15    except those offenses defined in subsections (a) and (b) of
16    Section 4, and subsection (a) of Section 5 of the Cannabis
17    Control Act; (iii) those offenses defined in the Illinois
18    Controlled Substances Act; (iv) those offenses defined in
19    the Methamphetamine Control and Community Protection Act;
20    (v) any offense committed or attempted in any other state
21    or against the laws of the United States, which if
22    committed or attempted in this State would be punishable as
23    one or more of the foregoing offenses; (vi) the offenses
24    defined in Sections 4.1 and 5.1 of the Wrongs to Children
25    Act or Section 11-9.1A of the Criminal Code of 1961 or the
26    Criminal Code of 2012; (vii) those offenses defined in

 

 

09900HB0353ham002- 21 -LRB099 06157 RLC 33151 a

1    Section 6-16 of the Liquor Control Act of 1934; and (viii)
2    those offenses defined in the Methamphetamine Precursor
3    Control Act.
4    The Department of State Police shall charge a fee for
5conducting the criminal history records check, which shall be
6deposited into the State Police Services Fund and may not
7exceed the actual cost of the records check.
8    (c-2) The Secretary shall issue a CDL with a school bus
9endorsement to allow a person to drive a school bus as defined
10in this Section. The CDL shall be issued according to the
11requirements outlined in 49 C.F.R. 383. A person may not
12operate a school bus as defined in this Section without a
13school bus endorsement. The Secretary of State may adopt rules
14consistent with Federal guidelines to implement this
15subsection (c-2).
16    (d) (Blank).
17(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
1897-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
191-1-14; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for
20effective date of changes made by 98-176); 98-756, eff.
217-16-14.)
 
22    Section 15. The Clerks of Courts Act is amended by changing
23Section 27.6 as follows:
 
24    (705 ILCS 105/27.6)

 

 

09900HB0353ham002- 22 -LRB099 06157 RLC 33151 a

1    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
296-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
398-658, and 98-1013)
4    Sec. 27.6. (a) All fees, fines, costs, additional
5penalties, bail balances assessed or forfeited, and any other
6amount paid by a person to the circuit clerk equalling an
7amount of $55 or more, except the fine imposed by Section
85-9-1.15 of the Unified Code of Corrections, the additional fee
9required by subsections (b) and (c), restitution under Section
105-5-6 of the Unified Code of Corrections, contributions to a
11local anti-crime program ordered pursuant to Section
125-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
13Corrections, reimbursement for the costs of an emergency
14response as provided under Section 11-501 of the Illinois
15Vehicle Code, any fees collected for attending a traffic safety
16program under paragraph (c) of Supreme Court Rule 529, any fee
17collected on behalf of a State's Attorney under Section 4-2002
18of the Counties Code or a sheriff under Section 4-5001 of the
19Counties Code, or any cost imposed under Section 124A-5 of the
20Code of Criminal Procedure of 1963, for convictions, orders of
21supervision, or any other disposition for a violation of
22Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
23similar provision of a local ordinance, and any violation of
24the Child Passenger Protection Act, or a similar provision of a
25local ordinance, and except as otherwise provided in this
26Section shall be disbursed within 60 days after receipt by the

 

 

09900HB0353ham002- 23 -LRB099 06157 RLC 33151 a

1circuit clerk as follows: 44.5% shall be disbursed to the
2entity authorized by law to receive the fine imposed in the
3case; 16.825% shall be disbursed to the State Treasurer; and
438.675% shall be disbursed to the county's general corporate
5fund. Of the 16.825% disbursed to the State Treasurer, 2/17
6shall be deposited by the State Treasurer into the Violent
7Crime Victims Assistance Fund, 5.052/17 shall be deposited into
8the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
9be deposited into the Drivers Education Fund, and 6.948/17
10shall be deposited into the Trauma Center Fund. Of the 6.948/17
11deposited into the Trauma Center Fund from the 16.825%
12disbursed to the State Treasurer, 50% shall be disbursed to the
13Department of Public Health and 50% shall be disbursed to the
14Department of Healthcare and Family Services. For fiscal year
151993, amounts deposited into the Violent Crime Victims
16Assistance Fund, the Traffic and Criminal Conviction Surcharge
17Fund, or the Drivers Education Fund shall not exceed 110% of
18the amounts deposited into those funds in fiscal year 1991. Any
19amount that exceeds the 110% limit shall be distributed as
20follows: 50% shall be disbursed to the county's general
21corporate fund and 50% shall be disbursed to the entity
22authorized by law to receive the fine imposed in the case. Not
23later than March 1 of each year the circuit clerk shall submit
24a report of the amount of funds remitted to the State Treasurer
25under this Section during the preceding year based upon
26independent verification of fines and fees. All counties shall

 

 

09900HB0353ham002- 24 -LRB099 06157 RLC 33151 a

1be subject to this Section, except that counties with a
2population under 2,000,000 may, by ordinance, elect not to be
3subject to this Section. For offenses subject to this Section,
4judges shall impose one total sum of money payable for
5violations. The circuit clerk may add on no additional amounts
6except for amounts that are required by Sections 27.3a and
727.3c of this Act, unless those amounts are specifically waived
8by the judge. With respect to money collected by the circuit
9clerk as a result of forfeiture of bail, ex parte judgment or
10guilty plea pursuant to Supreme Court Rule 529, the circuit
11clerk shall first deduct and pay amounts required by Sections
1227.3a and 27.3c of this Act. This Section is a denial and
13limitation of home rule powers and functions under subsection
14(h) of Section 6 of Article VII of the Illinois Constitution.
15    (b) In addition to any other fines and court costs assessed
16by the courts, any person convicted or receiving an order of
17supervision for driving under the influence of alcohol or drugs
18shall pay an additional fee of $100 to the clerk of the circuit
19court. This amount, less 2 1/2% that shall be used to defray
20administrative costs incurred by the clerk, shall be remitted
21by the clerk to the Treasurer within 60 days after receipt for
22deposit into the Trauma Center Fund. This additional fee of
23$100 shall not be considered a part of the fine for purposes of
24any reduction in the fine for time served either before or
25after sentencing. Not later than March 1 of each year the
26Circuit Clerk shall submit a report of the amount of funds

 

 

09900HB0353ham002- 25 -LRB099 06157 RLC 33151 a

1remitted to the State Treasurer under this subsection during
2the preceding calendar year.
3    (b-1) In addition to any other fines and court costs
4assessed by the courts, any person convicted or receiving an
5order of supervision for driving under the influence of alcohol
6or drugs shall pay an additional fee of $5 to the clerk of the
7circuit court. This amount, less 2 1/2% that shall be used to
8defray administrative costs incurred by the clerk, shall be
9remitted by the clerk to the Treasurer within 60 days after
10receipt for deposit into the Spinal Cord Injury Paralysis Cure
11Research Trust Fund. This additional fee of $5 shall not be
12considered a part of the fine for purposes of any reduction in
13the fine for time served either before or after sentencing. Not
14later than March 1 of each year the Circuit Clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this subsection during the preceding calendar year.
17    (c) In addition to any other fines and court costs assessed
18by the courts, any person convicted for a violation of Sections
1924-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
201961 or the Criminal Code of 2012 or a person sentenced for a
21violation of the Cannabis Control Act, the Illinois Controlled
22Substances Act, or the Methamphetamine Control and Community
23Protection Act shall pay an additional fee of $100 to the clerk
24of the circuit court. This amount, less 2 1/2% that shall be
25used to defray administrative costs incurred by the clerk,
26shall be remitted by the clerk to the Treasurer within 60 days

 

 

09900HB0353ham002- 26 -LRB099 06157 RLC 33151 a

1after receipt for deposit into the Trauma Center Fund. This
2additional fee of $100 shall not be considered a part of the
3fine for purposes of any reduction in the fine for time served
4either before or after sentencing. Not later than March 1 of
5each year the Circuit Clerk shall submit a report of the amount
6of funds remitted to the State Treasurer under this subsection
7during the preceding calendar year.
8    (c-1) In addition to any other fines and court costs
9assessed by the courts, any person sentenced for a violation of
10the Cannabis Control Act, the Illinois Controlled Substances
11Act, or the Methamphetamine Control and Community Protection
12Act shall pay an additional fee of $5 to the clerk of the
13circuit court. This amount, less 2 1/2% that shall be used to
14defray administrative costs incurred by the clerk, shall be
15remitted by the clerk to the Treasurer within 60 days after
16receipt for deposit into the Spinal Cord Injury Paralysis Cure
17Research Trust Fund. This additional fee of $5 shall not be
18considered a part of the fine for purposes of any reduction in
19the fine for time served either before or after sentencing. Not
20later than March 1 of each year the Circuit Clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this subsection during the preceding calendar year.
23    (d) The following amounts must be remitted to the State
24Treasurer for deposit into the Illinois Animal Abuse Fund:
25        (1) 50% of the amounts collected for felony offenses
26    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

 

 

09900HB0353ham002- 27 -LRB099 06157 RLC 33151 a

1    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
2    Animals Act and Section 26-5 or 48-1 of the Criminal Code
3    of 1961 or the Criminal Code of 2012;
4        (2) 20% of the amounts collected for Class A and Class
5    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
6    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
7    for Animals Act and Section 26-5 or 48-1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012; and
9        (3) 50% of the amounts collected for Class C
10    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
11    for Animals Act and Section 26-5 or 48-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012.
13    (e) Any person who receives a disposition of court
14supervision for a violation of the Illinois Vehicle Code or a
15similar provision of a local ordinance shall, in addition to
16any other fines, fees, and court costs, pay an additional fee
17of $29, to be disbursed as provided in Section 16-104c of the
18Illinois Vehicle Code. In addition to the fee of $29, the
19person shall also pay a fee of $6, if not waived by the court.
20If this $6 fee is collected, $5.50 of the fee shall be
21deposited into the Circuit Court Clerk Operation and
22Administrative Fund created by the Clerk of the Circuit Court
23and 50 cents of the fee shall be deposited into the Prisoner
24Review Board Vehicle and Equipment Fund in the State treasury.
25    (f) This Section does not apply to the additional child
26pornography fines assessed and collected under Section

 

 

09900HB0353ham002- 28 -LRB099 06157 RLC 33151 a

15-9-1.14 of the Unified Code of Corrections.
2    (g) (Blank).
3    (h) (Blank).
4    (i) Of the amounts collected as fines under subsection (b)
5of Section 3-712 of the Illinois Vehicle Code, 99% shall be
6deposited into the Illinois Military Family Relief Fund and 1%
7shall be deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13    (j) Any person convicted of, pleading guilty to, or placed
14on supervision for a serious traffic violation, as defined in
15Section 1-187.001 of the Illinois Vehicle Code, a violation of
16Section 11-501 of the Illinois Vehicle Code, or a violation of
17a similar provision of a local ordinance shall pay an
18additional fee of $35, to be disbursed as provided in Section
1916-104d of that Code.
20    This subsection (j) becomes inoperative on January 1, 2020.
21    (k) For any conviction or disposition of court supervision
22for a violation of Section 11-1429 of the Illinois Vehicle
23Code, the circuit clerk shall distribute the fines paid by the
24person as specified by subsection (h) of Section 11-1429 of the
25Illinois Vehicle Code.
26    (l) Any person who receives a disposition of court

 

 

09900HB0353ham002- 29 -LRB099 06157 RLC 33151 a

1supervision for a violation of Section 11-501 of the Illinois
2Vehicle Code or a similar provision of a local ordinance shall,
3in addition to any other fines, fees, and court costs, pay an
4additional fee of $50, which shall be collected by the circuit
5clerk and then remitted to the State Treasurer for deposit into
6the Roadside Memorial Fund, a special fund in the State
7treasury. However, the court may waive the fee if full
8restitution is complied with. Subject to appropriation, all
9moneys in the Roadside Memorial Fund shall be used by the
10Department of Transportation to pay fees imposed under
11subsection (f) of Section 20 of the Roadside Memorial Act. The
12fee shall be remitted by the circuit clerk within one month
13after receipt to the State Treasurer for deposit into the
14Roadside Memorial Fund.
15    (m) Of the amounts collected as fines under subsection (c)
16of Section 411.4 of the Illinois Controlled Substances Act or
17subsection (c) of Section 90 of the Methamphetamine Control and
18Community Protection Act, 99% shall be deposited to the law
19enforcement agency or fund specified and 1% shall be deposited
20into the Circuit Court Clerk Operation and Administrative Fund
21to be used to offset the costs incurred by the Circuit Court
22Clerk in performing the additional duties required to collect
23and disburse funds to entities of State and local government as
24provided by law.
25    (n) In addition to any other fines and court costs assessed
26by the courts, any person who is convicted of or pleads guilty

 

 

09900HB0353ham002- 30 -LRB099 06157 RLC 33151 a

1to a violation of the Criminal Code of 1961 or the Criminal
2Code of 2012, or a similar provision of a local ordinance, or
3who is convicted of, pleads guilty to, or receives a
4disposition of court supervision for a violation of the
5Illinois Vehicle Code, or a similar provision of a local
6ordinance, shall pay an additional fee of $15 to the clerk of
7the circuit court. This additional fee of $15 shall not be
8considered a part of the fine for purposes of any reduction in
9the fine for time served either before or after sentencing.
10This amount, less 2.5% that shall be used to defray
11administrative costs incurred by the clerk, shall be remitted
12by the clerk to the State Treasurer within 60 days after
13receipt for deposit into the State Police Merit Board Public
14Safety Fund.
15    (o) The amounts collected as fines under Sections 10-9,
1611-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
17be collected by the circuit clerk and distributed as provided
18under Section 5-9-1.21 of the Unified Code of Corrections in
19lieu of any disbursement under subsection (a) of this Section.
20(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
2197-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
226-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
23    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2496-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
2598-658, and 98-1013)

 

 

09900HB0353ham002- 31 -LRB099 06157 RLC 33151 a

1    Sec. 27.6. (a) All fees, fines, costs, additional
2penalties, bail balances assessed or forfeited, and any other
3amount paid by a person to the circuit clerk equalling an
4amount of $55 or more, except the fine imposed by Section
55-9-1.15 of the Unified Code of Corrections, the additional fee
6required by subsections (b) and (c), restitution under Section
75-5-6 of the Unified Code of Corrections, contributions to a
8local anti-crime program ordered pursuant to Section
95-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
10Corrections, reimbursement for the costs of an emergency
11response as provided under Section 11-501 of the Illinois
12Vehicle Code, any fees collected for attending a traffic safety
13program under paragraph (c) of Supreme Court Rule 529, any fee
14collected on behalf of a State's Attorney under Section 4-2002
15of the Counties Code or a sheriff under Section 4-5001 of the
16Counties Code, or any cost imposed under Section 124A-5 of the
17Code of Criminal Procedure of 1963, for convictions, orders of
18supervision, or any other disposition for a violation of
19Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
20similar provision of a local ordinance, and any violation of
21the Child Passenger Protection Act, or a similar provision of a
22local ordinance, and except as otherwise provided in this
23Section shall be disbursed within 60 days after receipt by the
24circuit clerk as follows: 44.5% shall be disbursed to the
25entity authorized by law to receive the fine imposed in the
26case; 16.825% shall be disbursed to the State Treasurer; and

 

 

09900HB0353ham002- 32 -LRB099 06157 RLC 33151 a

138.675% shall be disbursed to the county's general corporate
2fund. Of the 16.825% disbursed to the State Treasurer, 2/17
3shall be deposited by the State Treasurer into the Violent
4Crime Victims Assistance Fund, 5.052/17 shall be deposited into
5the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
6be deposited into the Drivers Education Fund, and 6.948/17
7shall be deposited into the Trauma Center Fund. Of the 6.948/17
8deposited into the Trauma Center Fund from the 16.825%
9disbursed to the State Treasurer, 50% shall be disbursed to the
10Department of Public Health and 50% shall be disbursed to the
11Department of Healthcare and Family Services. For fiscal year
121993, amounts deposited into the Violent Crime Victims
13Assistance Fund, the Traffic and Criminal Conviction Surcharge
14Fund, or the Drivers Education Fund shall not exceed 110% of
15the amounts deposited into those funds in fiscal year 1991. Any
16amount that exceeds the 110% limit shall be distributed as
17follows: 50% shall be disbursed to the county's general
18corporate fund and 50% shall be disbursed to the entity
19authorized by law to receive the fine imposed in the case. Not
20later than March 1 of each year the circuit clerk shall submit
21a report of the amount of funds remitted to the State Treasurer
22under this Section during the preceding year based upon
23independent verification of fines and fees. All counties shall
24be subject to this Section, except that counties with a
25population under 2,000,000 may, by ordinance, elect not to be
26subject to this Section. For offenses subject to this Section,

 

 

09900HB0353ham002- 33 -LRB099 06157 RLC 33151 a

1judges shall impose one total sum of money payable for
2violations. The circuit clerk may add on no additional amounts
3except for amounts that are required by Sections 27.3a and
427.3c of this Act, Section 16-104c of the Illinois Vehicle
5Code, and subsection (a) of Section 5-1101 of the Counties
6Code, unless those amounts are specifically waived by the
7judge. With respect to money collected by the circuit clerk as
8a result of forfeiture of bail, ex parte judgment or guilty
9plea pursuant to Supreme Court Rule 529, the circuit clerk
10shall first deduct and pay amounts required by Sections 27.3a
11and 27.3c of this Act. Unless a court ordered payment schedule
12is implemented or fee requirements are waived pursuant to court
13order, the clerk of the court may add to any unpaid fees and
14costs a delinquency amount equal to 5% of the unpaid fees that
15remain unpaid after 30 days, 10% of the unpaid fees that remain
16unpaid after 60 days, and 15% of the unpaid fees that remain
17unpaid after 90 days. Notice to those parties may be made by
18signage posting or publication. The additional delinquency
19amounts collected under this Section shall be deposited in the
20Circuit Court Clerk Operation and Administrative Fund to be
21used to defray administrative costs incurred by the circuit
22clerk in performing the duties required to collect and disburse
23funds. This Section is a denial and limitation of home rule
24powers and functions under subsection (h) of Section 6 of
25Article VII of the Illinois Constitution.
26    (b) In addition to any other fines and court costs assessed

 

 

09900HB0353ham002- 34 -LRB099 06157 RLC 33151 a

1by the courts, any person convicted or receiving an order of
2supervision for driving under the influence of alcohol or drugs
3shall pay an additional fee of $100 to the clerk of the circuit
4court. This amount, less 2 1/2% that shall be used to defray
5administrative costs incurred by the clerk, shall be remitted
6by the clerk to the Treasurer within 60 days after receipt for
7deposit into the Trauma Center Fund. This additional fee of
8$100 shall not be considered a part of the fine for purposes of
9any reduction in the fine for time served either before or
10after sentencing. Not later than March 1 of each year the
11Circuit Clerk shall submit a report of the amount of funds
12remitted to the State Treasurer under this subsection during
13the preceding calendar year.
14    (b-1) In addition to any other fines and court costs
15assessed by the courts, any person convicted or receiving an
16order of supervision for driving under the influence of alcohol
17or drugs shall pay an additional fee of $5 to the clerk of the
18circuit court. This amount, less 2 1/2% that shall be used to
19defray administrative costs incurred by the clerk, shall be
20remitted by the clerk to the Treasurer within 60 days after
21receipt for deposit into the Spinal Cord Injury Paralysis Cure
22Research Trust Fund. This additional fee of $5 shall not be
23considered a part of the fine for purposes of any reduction in
24the fine for time served either before or after sentencing. Not
25later than March 1 of each year the Circuit Clerk shall submit
26a report of the amount of funds remitted to the State Treasurer

 

 

09900HB0353ham002- 35 -LRB099 06157 RLC 33151 a

1under this subsection during the preceding calendar year.
2    (c) In addition to any other fines and court costs assessed
3by the courts, any person convicted for a violation of Sections
424-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
51961 or the Criminal Code of 2012 or a person sentenced for a
6violation of the Cannabis Control Act, the Illinois Controlled
7Substances Act, or the Methamphetamine Control and Community
8Protection Act shall pay an additional fee of $100 to the clerk
9of the circuit court. This amount, less 2 1/2% that shall be
10used to defray administrative costs incurred by the clerk,
11shall be remitted by the clerk to the Treasurer within 60 days
12after receipt for deposit into the Trauma Center Fund. This
13additional fee of $100 shall not be considered a part of the
14fine for purposes of any reduction in the fine for time served
15either before or after sentencing. Not later than March 1 of
16each year the Circuit Clerk shall submit a report of the amount
17of funds remitted to the State Treasurer under this subsection
18during the preceding calendar year.
19    (c-1) In addition to any other fines and court costs
20assessed by the courts, any person sentenced for a violation of
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act shall pay an additional fee of $5 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

 

 

09900HB0353ham002- 36 -LRB099 06157 RLC 33151 a

1receipt for deposit into the Spinal Cord Injury Paralysis Cure
2Research Trust Fund. This additional fee of $5 shall not be
3considered a part of the fine for purposes of any reduction in
4the fine for time served either before or after sentencing. Not
5later than March 1 of each year the Circuit Clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this subsection during the preceding calendar year.
8    (d) The following amounts must be remitted to the State
9Treasurer for deposit into the Illinois Animal Abuse Fund:
10        (1) 50% of the amounts collected for felony offenses
11    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
12    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
13    Animals Act and Section 26-5 or 48-1 of the Criminal Code
14    of 1961 or the Criminal Code of 2012;
15        (2) 20% of the amounts collected for Class A and Class
16    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
17    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
18    for Animals Act and Section 26-5 or 48-1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012; and
20        (3) 50% of the amounts collected for Class C
21    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
22    for Animals Act and Section 26-5 or 48-1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24    (e) Any person who receives a disposition of court
25supervision for a violation of the Illinois Vehicle Code or a
26similar provision of a local ordinance shall, in addition to

 

 

09900HB0353ham002- 37 -LRB099 06157 RLC 33151 a

1any other fines, fees, and court costs, pay an additional fee
2of $29, to be disbursed as provided in Section 16-104c of the
3Illinois Vehicle Code. In addition to the fee of $29, the
4person shall also pay a fee of $6, if not waived by the court.
5If this $6 fee is collected, $5.50 of the fee shall be
6deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8and 50 cents of the fee shall be deposited into the Prisoner
9Review Board Vehicle and Equipment Fund in the State treasury.
10    (f) This Section does not apply to the additional child
11pornography fines assessed and collected under Section
125-9-1.14 of the Unified Code of Corrections.
13    (g) Any person convicted of or pleading guilty to a serious
14traffic violation, as defined in Section 1-187.001 of the
15Illinois Vehicle Code, shall pay an additional fee of $35, to
16be disbursed as provided in Section 16-104d of that Code. This
17subsection (g) becomes inoperative on January 1, 2020.
18    (h) In all counties having a population of 3,000,000 or
19more inhabitants,
20        (1) A person who is found guilty of or pleads guilty to
21    violating subsection (a) of Section 11-501 of the Illinois
22    Vehicle Code, including any person placed on court
23    supervision for violating subsection (a), shall be fined
24    $750 as provided for by subsection (f) of Section 11-501.01
25    of the Illinois Vehicle Code, payable to the circuit clerk,
26    who shall distribute the money pursuant to subsection (f)

 

 

09900HB0353ham002- 38 -LRB099 06157 RLC 33151 a

1    of Section 11-501.01 of the Illinois Vehicle Code.
2        (2) When a crime laboratory DUI analysis fee of $150,
3    provided for by Section 5-9-1.9 of the Unified Code of
4    Corrections is assessed, it shall be disbursed by the
5    circuit clerk as provided by subsection (f) of Section
6    5-9-1.9 of the Unified Code of Corrections.
7        (3) When a fine for a violation of Section 11-605.1 of
8    the Illinois Vehicle Code is $250 or greater, the person
9    who violated that Section shall be charged an additional
10    $125 as provided for by subsection (e) of Section 11-605.1
11    of the Illinois Vehicle Code, which shall be disbursed by
12    the circuit clerk to a State or county Transportation
13    Safety Highway Hire-back Fund as provided by subsection (e)
14    of Section 11-605.1 of the Illinois Vehicle Code.
15        (4) When a fine for a violation of subsection (a) of
16    Section 11-605 of the Illinois Vehicle Code is $150 or
17    greater, the additional $50 which is charged as provided
18    for by subsection (f) of Section 11-605 of the Illinois
19    Vehicle Code shall be disbursed by the circuit clerk to a
20    school district or districts for school safety purposes as
21    provided by subsection (f) of Section 11-605.
22        (5) When a fine for a violation of subsection (a) of
23    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
24    greater, the additional $50 which is charged as provided
25    for by subsection (c) of Section 11-1002.5 of the Illinois
26    Vehicle Code shall be disbursed by the circuit clerk to a

 

 

09900HB0353ham002- 39 -LRB099 06157 RLC 33151 a

1    school district or districts for school safety purposes as
2    provided by subsection (c) of Section 11-1002.5 of the
3    Illinois Vehicle Code.
4        (6) When a mandatory drug court fee of up to $5 is
5    assessed as provided in subsection (f) of Section 5-1101 of
6    the Counties Code, it shall be disbursed by the circuit
7    clerk as provided in subsection (f) of Section 5-1101 of
8    the Counties Code.
9        (7) When a mandatory teen court, peer jury, youth
10    court, or other youth diversion program fee is assessed as
11    provided in subsection (e) of Section 5-1101 of the
12    Counties Code, it shall be disbursed by the circuit clerk
13    as provided in subsection (e) of Section 5-1101 of the
14    Counties Code.
15        (8) When a Children's Advocacy Center fee is assessed
16    pursuant to subsection (f-5) of Section 5-1101 of the
17    Counties Code, it shall be disbursed by the circuit clerk
18    as provided in subsection (f-5) of Section 5-1101 of the
19    Counties Code.
20        (9) When a victim impact panel fee is assessed pursuant
21    to subsection (b) of Section 11-501.01 of the Vehicle Code,
22    it shall be disbursed by the circuit clerk to the victim
23    impact panel to be attended by the defendant.
24        (10) When a new fee collected in traffic cases is
25    enacted after the effective date of this subsection (h), it
26    shall be excluded from the percentage disbursement

 

 

09900HB0353ham002- 40 -LRB099 06157 RLC 33151 a

1    provisions of this Section unless otherwise indicated by
2    law.
3    (i) Of the amounts collected as fines under subsection (b)
4of Section 3-712 of the Illinois Vehicle Code, 99% shall be
5deposited into the Illinois Military Family Relief Fund and 1%
6shall be deposited into the Circuit Court Clerk Operation and
7Administrative Fund created by the Clerk of the Circuit Court
8to be used to offset the costs incurred by the Circuit Court
9Clerk in performing the additional duties required to collect
10and disburse funds to entities of State and local government as
11provided by law.
12    (j) (Blank).
13    (k) For any conviction or disposition of court supervision
14for a violation of Section 11-1429 of the Illinois Vehicle
15Code, the circuit clerk shall distribute the fines paid by the
16person as specified by subsection (h) of Section 11-1429 of the
17Illinois Vehicle Code.
18    (l) Any person who receives a disposition of court
19supervision for a violation of Section 11-501 of the Illinois
20Vehicle Code or a similar provision of a local ordinance shall,
21in addition to any other fines, fees, and court costs, pay an
22additional fee of $50, which shall be collected by the circuit
23clerk and then remitted to the State Treasurer for deposit into
24the Roadside Memorial Fund, a special fund in the State
25treasury. However, the court may waive the fee if full
26restitution is complied with. Subject to appropriation, all

 

 

09900HB0353ham002- 41 -LRB099 06157 RLC 33151 a

1moneys in the Roadside Memorial Fund shall be used by the
2Department of Transportation to pay fees imposed under
3subsection (f) of Section 20 of the Roadside Memorial Act. The
4fee shall be remitted by the circuit clerk within one month
5after receipt to the State Treasurer for deposit into the
6Roadside Memorial Fund.
7    (m) Of the amounts collected as fines under subsection (c)
8of Section 411.4 of the Illinois Controlled Substances Act or
9subsection (c) of Section 90 of the Methamphetamine Control and
10Community Protection Act, 99% shall be deposited to the law
11enforcement agency or fund specified and 1% shall be deposited
12into the Circuit Court Clerk Operation and Administrative Fund
13to be used to offset the costs incurred by the Circuit Court
14Clerk in performing the additional duties required to collect
15and disburse funds to entities of State and local government as
16provided by law.
17    (n) In addition to any other fines and court costs assessed
18by the courts, any person who is convicted of or pleads guilty
19to a violation of the Criminal Code of 1961 or the Criminal
20Code of 2012, or a similar provision of a local ordinance, or
21who is convicted of, pleads guilty to, or receives a
22disposition of court supervision for a violation of the
23Illinois Vehicle Code, or a similar provision of a local
24ordinance, shall pay an additional fee of $15 to the clerk of
25the circuit court. This additional fee of $15 shall not be
26considered a part of the fine for purposes of any reduction in

 

 

09900HB0353ham002- 42 -LRB099 06157 RLC 33151 a

1the fine for time served either before or after sentencing.
2This amount, less 2.5% that shall be used to defray
3administrative costs incurred by the clerk, shall be remitted
4by the clerk to the State Treasurer within 60 days after
5receipt for deposit into the State Police Merit Board Public
6Safety Fund.
7    (o) The amounts collected as fines under Sections 10-9,
811-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
9be collected by the circuit clerk and distributed as provided
10under Section 5-9-1.21 of the Unified Code of Corrections in
11lieu of any disbursement under subsection (a) of this Section.
12(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
1397-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
146-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
 
15    Section 20. The Criminal Code of 2012 is amended by
16changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding
17Section 24-1.1-5 as follows:
 
18    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
19    Sec. 24-1.1. Unlawful use or possession of weapons by
20felons Use or Possession of Weapons by Felons or Persons in the
21Custody of the Department of Corrections Facilities.
22    (a) It is unlawful for a person to knowingly possess on or
23about his person or on his land or in his own abode or fixed
24place of business any weapon prohibited under Section 24-1 of

 

 

09900HB0353ham002- 43 -LRB099 06157 RLC 33151 a

1this Act or any firearm or any firearm ammunition if the person
2has been convicted of a felony under the laws of this State or
3any other jurisdiction. This Section shall not apply if the
4person has been granted relief by the Director of the
5Department of State Police under Section 10 of the Firearm
6Owners Identification Card Act.
7    (b) (Blank). It is unlawful for any person confined in a
8penal institution, which is a facility of the Illinois
9Department of Corrections, to possess any weapon prohibited
10under Section 24-1 of this Code or any firearm or firearm
11ammunition, regardless of the intent with which he possesses
12it.
13    (c) (Blank). It shall be an affirmative defense to a
14violation of subsection (b), that such possession was
15specifically authorized by rule, regulation, or directive of
16the Illinois Department of Corrections or order issued pursuant
17thereto.
18    (d) (Blank). The defense of necessity is not available to a
19person who is charged with a violation of subsection (b) of
20this Section.
21    (e) Sentence.
22        (1) Violation of this Section is by a person not
23    confined in a penal institution shall be a Class 3 felony
24    for which the person shall be sentenced to no less than 3 2
25    years and no more than 10 years and any second or
26    subsequent violation shall be a Class 2 felony for which

 

 

09900HB0353ham002- 44 -LRB099 06157 RLC 33151 a

1    the person shall be sentenced to a term of imprisonment of
2    not less than 3 years and not more than 14 years.
3        (2) Violation of this Section is a Class 2 felony for
4    which the person shall be sentenced to not less than 3
5    years and not more than 14 years if the conviction was
6    entered less than 10 years prior to the commission of the
7    instant offense, excluding any time the defendant was in
8    custody, on probation, conditional discharge, or mandatory
9    supervised release.
10        (3) Violation of this Section by a person not confined
11    in a penal institution who has been convicted of a second
12    or subsequent offense under this Section, a forcible
13    felony, a felony violation of Article 24 of this Code or of
14    the Firearm Owners Identification Card Act, stalking or
15    aggravated stalking, or a Class 2 or greater felony under
16    the Illinois Controlled Substances Act, the Cannabis
17    Control Act, or the Methamphetamine Control and Community
18    Protection Act is a Class 2 felony for which the person
19    shall be sentenced to not less than 4 3 years and not more
20    than 14 years.
21        (4) Violation of this Section by a person who is on
22    parole or mandatory supervised release is a Class 2 felony
23    for which the person shall be sentenced to not less than 4
24    3 years and not more than 14 years.
25        (5) Violation of this Section by a person not confined
26    in a penal institution is a Class X felony when the firearm

 

 

09900HB0353ham002- 45 -LRB099 06157 RLC 33151 a

1    possessed is a machine gun. Any person who violates this
2    Section while confined in a penal institution, which is a
3    facility of the Illinois Department of Corrections, is
4    guilty of a Class 1 felony, if he possesses any weapon
5    prohibited under Section 24-1 of this Code regardless of
6    the intent with which he possesses it, a Class X felony if
7    he possesses any firearm, firearm ammunition or explosive,
8    and a Class X felony for which the offender shall be
9    sentenced to not less than 12 years and not more than 50
10    years when the firearm possessed is a machine gun.
11        (6) A violation of this Section while wearing or in
12    possession of body armor as defined in Section 33F-1 is a
13    Class X felony punishable by a term of imprisonment of not
14    less than 10 years and not more than 40 years.
15        (7) A sentence of county impact incarceration under
16    Section 5-8-1.2 of the Unified Code of Corrections is not
17    authorized for a violation of this Section.
18        (8) The possession of each firearm or firearm
19    ammunition in violation of this Section constitutes a
20    single and separate violation.
21(Source: P.A. 97-237, eff. 1-1-12.)
 
22    (720 ILCS 5/24-1.1-5 new)
23    Sec. 24-1.1-5. Unlawful use or possession of weapons by
24persons in the custody of the Department of Corrections
25facilities.

 

 

09900HB0353ham002- 46 -LRB099 06157 RLC 33151 a

1    (a) It is unlawful for any person confined in a penal
2institution, which is a facility of the Illinois Department of
3Corrections, to possess any weapon prohibited under Section
424-1 of this Code or any firearm or firearm ammunition,
5regardless of the intent with which he or she possesses it.
6    (b) It is an affirmative defense to a violation of this
7Section that the possession was specifically authorized by
8rule, regulation, or directive of the Illinois Department of
9Corrections or order issued under that rule, regulation, or
10directive.
11    (c) The defense of necessity is not available to a person
12who is charged with a violation of this Section.
13    (d) Sentence.
14    (1) Any person who violates this Section is guilty of a
15Class 1 felony, if he or she possesses any weapon prohibited
16under Section 24-1 of this Code, a Class X felony if he or she
17possesses any firearm, firearm ammunition, or explosive, and a
18Class X felony for which the offender shall be sentenced to not
19less than 12 years and not more than 50 years when the firearm
20possessed is a machine gun.
21    (2) A violation of this Section while wearing or in
22possession of body armor as defined in Section 33F-1 is a Class
23X felony punishable by a term of imprisonment of not less than
2410 years and not more than 40 years.
25    (3) The possession of each firearm or firearm ammunition in
26violation of this Section constitutes a single and separate

 

 

09900HB0353ham002- 47 -LRB099 06157 RLC 33151 a

1violation.
2    (4) A sentence of county impact incarceration under Section
35-8-1.2 of the Unified Code of Corrections is not authorized
4for a violation of this Section.
 
5    (720 ILCS 5/24-1.6)
6    Sec. 24-1.6. Aggravated unlawful use of a weapon.
7    (a) A person commits the offense of aggravated unlawful use
8of a weapon when he or she knowingly:
9        (1) Carries on or about his or her person or in any
10    vehicle or concealed on or about his or her person except
11    when on his or her land or in his or her abode, legal
12    dwelling, or fixed place of business, or on the land or in
13    the legal dwelling of another person as an invitee with
14    that person's permission, any pistol, revolver, stun gun or
15    taser or other firearm; or
16        (2) Carries or possesses on or about his or her person,
17    upon any public street, alley, or other public lands within
18    the corporate limits of a city, village or incorporated
19    town, except when an invitee thereon or therein, for the
20    purpose of the display of such weapon or the lawful
21    commerce in weapons, or except when on his or her own land
22    or in his or her own abode, legal dwelling, or fixed place
23    of business, or on the land or in the legal dwelling of
24    another person as an invitee with that person's permission,
25    any pistol, revolver, stun gun or taser or other firearm;

 

 

09900HB0353ham002- 48 -LRB099 06157 RLC 33151 a

1    and
2        (3) One of the following factors is present:
3            (A) the firearm, other than a pistol, revolver, or
4        handgun, possessed was uncased, loaded, and
5        immediately accessible at the time of the offense; or
6            (A-5) the pistol, revolver, or handgun possessed
7        was uncased, loaded, and immediately accessible at the
8        time of the offense and the person possessing the
9        pistol, revolver, or handgun has not been issued a
10        currently valid license under the Firearm Concealed
11        Carry Act; or
12            (B) the firearm, other than a pistol, revolver, or
13        handgun, possessed was uncased, unloaded, and the
14        ammunition for the weapon was immediately accessible
15        at the time of the offense; or
16            (B-5) the pistol, revolver, or handgun possessed
17        was uncased, unloaded, and the ammunition for the
18        weapon was immediately accessible at the time of the
19        offense and the person possessing the pistol,
20        revolver, or handgun has not been issued a currently
21        valid license under the Firearm Concealed Carry Act; or
22            (C) the person possessing the firearm has not been
23        issued a currently valid Firearm Owner's
24        Identification Card; or
25            (D) the person possessing the weapon was
26        previously adjudicated a delinquent minor under the

 

 

09900HB0353ham002- 49 -LRB099 06157 RLC 33151 a

1        Juvenile Court Act of 1987 for an act that if committed
2        by an adult would be a felony; or
3            (E) the person possessing the weapon was engaged in
4        a misdemeanor violation of the Cannabis Control Act, in
5        a misdemeanor violation of the Illinois Controlled
6        Substances Act, or in a misdemeanor violation of the
7        Methamphetamine Control and Community Protection Act;
8        or
9            (F) (blank); or
10            (G) the person possessing the weapon had a order of
11        protection issued against him or her within the
12        previous 2 years; or
13            (H) the person possessing the weapon was engaged in
14        the commission or attempted commission of a
15        misdemeanor involving the use or threat of violence
16        against the person or property of another; or
17            (I) the person possessing the weapon was under 21
18        years of age and in possession of a handgun, unless the
19        person under 21 is engaged in lawful activities under
20        the Wildlife Code or described in subsection
21        24-2(b)(1), (b)(3), or 24-2(f).
22    (a-5) "Handgun" as used in this Section has the meaning
23given to it in Section 5 of the Firearm Concealed Carry Act.
24    (b) "Stun gun or taser" as used in this Section has the
25same definition given to it in Section 24-1 of this Code.
26    (c) This Section does not apply to or affect the

 

 

09900HB0353ham002- 50 -LRB099 06157 RLC 33151 a

1transportation or possession of weapons that:
2        (i) are broken down in a non-functioning state; or
3        (ii) are not immediately accessible; or
4        (iii) are unloaded and enclosed in a case, firearm
5    carrying box, shipping box, or other container by a person
6    who has been issued a currently valid Firearm Owner's
7    Identification Card.
8    (d) Sentence.
9         (1) Aggravated unlawful use of a weapon is a Class 4
10    felony; a second or subsequent offense is a Class 2 felony
11    for which the person shall be sentenced to a term of
12    imprisonment of not less than 4 3 years and not more than
13    10 7 years.
14        (2) Except as otherwise provided in paragraphs (3) and
15    (4) of this subsection (d), a first offense of aggravated
16    unlawful use of a weapon committed with a firearm by a
17    person 18 years of age or older where the factors listed in
18    both items (A) and (C) or both items (A-5) and (C) of
19    paragraph (3) of subsection (a) are present is a Class 4
20    felony, for which the person shall be sentenced to a term
21    of imprisonment of not less than one year and not more than
22    3 years.
23        (3) Aggravated unlawful use of a weapon by a person who
24    has been previously convicted of a felony offense is a
25    Class 3 felony for which the person shall be sentenced to a
26    term of not less than 3 years and not more than 10 years,

 

 

09900HB0353ham002- 51 -LRB099 06157 RLC 33151 a

1    unless the conviction was entered less than 10 years prior
2    to the commission of the instant offense, excluding any
3    time the defendant was in custody, on probation,
4    conditional discharge, or supervised release, in which
5    case it is a Class 2 felony for which the person shall be
6    sentenced to a term of not less than 4 years and not more
7    than 10 years. in this State or another jurisdiction is a
8    Class 2 felony for which the person shall be sentenced to a
9    term of imprisonment of not less than 3 years and not more
10    than 7 years.
11        (4) Aggravated unlawful use of a weapon while wearing
12    or in possession of body armor as defined in Section 33F-1
13    by a person who has not been issued a valid Firearms
14    Owner's Identification Card in accordance with Section 5 of
15    the Firearm Owners Identification Card Act is a Class X
16    felony.
17        (5) A sentence of county impact incarceration under
18    Section 5-8-1.2 of the Unified Code of Corrections is not
19    authorized for a violation of this Section.
20    (e) The possession of each firearm in violation of this
21Section constitutes a single and separate violation.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    (720 ILCS 5/24-1.8)
24    Sec. 24-1.8. Unlawful possession of a firearm by a street
25gang member.

 

 

09900HB0353ham002- 52 -LRB099 06157 RLC 33151 a

1    (a) A person commits unlawful possession of a firearm by a
2street gang member when he or she knowingly:
3        (1) possesses, carries, or conceals on or about his or
4    her person a firearm and firearm ammunition while on any
5    street, road, alley, gangway, sidewalk, or any other lands,
6    except when inside his or her own abode or inside his or
7    her fixed place of business, and has not been issued a
8    currently valid Firearm Owner's Identification Card and is
9    a member of a street gang; or
10        (2) possesses or carries in any vehicle a firearm and
11    firearm ammunition which are both immediately accessible
12    at the time of the offense while on any street, road,
13    alley, or any other lands, except when inside his or her
14    own abode or garage, and has not been issued a currently
15    valid Firearm Owner's Identification Card and is a member
16    of a street gang.
17    (b) Unlawful possession of a firearm by a street gang
18member is a Class 2 felony for which the person, if sentenced
19to a term of imprisonment, shall be sentenced to no less than 4
203 years and no more than 10 years. A sentence of county impact
21incarceration under Section 5-8-1.2 of the Unified Code of
22Corrections is not authorized for a violation of this Section.
23A period of probation, a term of periodic imprisonment or
24conditional discharge shall not be imposed for the offense of
25unlawful possession of a firearm by a street gang member when
26the firearm was loaded or contained firearm ammunition and the

 

 

09900HB0353ham002- 53 -LRB099 06157 RLC 33151 a

1court shall sentence the offender to not less than the minimum
2term of imprisonment authorized for the Class 2 felony.
3    (c) For purposes of this Section:
4        "Street gang" or "gang" has the meaning ascribed to it
5    in Section 10 of the Illinois Streetgang Terrorism Omnibus
6    Prevention Act.
7        "Street gang member" or "gang member" has the meaning
8    ascribed to it in Section 10 of the Illinois Streetgang
9    Terrorism Omnibus Prevention Act.
10(Source: P.A. 96-829, eff. 12-3-09.)
 
11    Section 25. The Unified Code of Corrections is amended by
12changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:
 
13    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
14    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
15        (a) (1) The Department of Corrections shall prescribe
16    rules and regulations for awarding and revoking sentence
17    credit for persons committed to the Department which shall
18    be subject to review by the Prisoner Review Board.
19        (1.5) As otherwise provided by law, sentence credit may
20    be awarded for the following:
21            (A) successful completion of programming while in
22        custody of the Department or while in custody prior to
23        sentencing;
24            (B) compliance with the rules and regulations of

 

 

09900HB0353ham002- 54 -LRB099 06157 RLC 33151 a

1        the Department; or
2            (C) service to the institution, service to a
3        community, or service to the State.
4        (2) The rules and regulations on sentence credit shall
5    provide, with respect to offenses listed in clause (i),
6    (ii), or (iii) of this paragraph (2) committed on or after
7    June 19, 1998 or with respect to the offense listed in
8    clause (iv) of this paragraph (2) committed on or after
9    June 23, 2005 (the effective date of Public Act 94-71) or
10    with respect to offense listed in clause (vi) committed on
11    or after June 1, 2008 (the effective date of Public Act
12    95-625) or with respect to the offense of being an armed
13    habitual criminal committed on or after August 2, 2005 (the
14    effective date of Public Act 94-398) or with respect to the
15    offenses listed in clause (v) of this paragraph (2)
16    committed on or after August 13, 2007 (the effective date
17    of Public Act 95-134) or with respect to the offense of
18    aggravated domestic battery committed on or after July 23,
19    2010 (the effective date of Public Act 96-1224) or with
20    respect to the offense of attempt to commit terrorism
21    committed on or after January 1, 2013 (the effective date
22    of Public Act 97-990), or with respect to the offenses
23    listed in clause (viii) of this paragraph (2) committed on
24    or after the effective date of this amendatory Act of the
25    99th General Assembly, the following:
26            (i) that a prisoner who is serving a term of

 

 

09900HB0353ham002- 55 -LRB099 06157 RLC 33151 a

1        imprisonment for first degree murder or for the offense
2        of terrorism shall receive no sentence credit and shall
3        serve the entire sentence imposed by the court;
4            (ii) that a prisoner serving a sentence for attempt
5        to commit terrorism, attempt to commit first degree
6        murder, solicitation of murder, solicitation of murder
7        for hire, intentional homicide of an unborn child,
8        predatory criminal sexual assault of a child,
9        aggravated criminal sexual assault, criminal sexual
10        assault, aggravated kidnapping, aggravated battery
11        with a firearm as described in Section 12-4.2 or
12        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
13        Section 12-3.05, heinous battery as described in
14        Section 12-4.1 or subdivision (a)(2) of Section
15        12-3.05, being an armed habitual criminal, aggravated
16        battery of a senior citizen as described in Section
17        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
18        aggravated battery of a child as described in Section
19        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
20        receive no more than 4.5 days of sentence credit for
21        each month of his or her sentence of imprisonment;
22            (iii) that a prisoner serving a sentence for home
23        invasion, armed robbery, aggravated vehicular
24        hijacking, aggravated discharge of a firearm, or armed
25        violence with a category I weapon or category II
26        weapon, when the court has made and entered a finding,

 

 

09900HB0353ham002- 56 -LRB099 06157 RLC 33151 a

1        pursuant to subsection (c-1) of Section 5-4-1 of this
2        Code, that the conduct leading to conviction for the
3        enumerated offense resulted in great bodily harm to a
4        victim, shall receive no more than 4.5 days of sentence
5        credit for each month of his or her sentence of
6        imprisonment;
7            (iv) that a prisoner serving a sentence for
8        aggravated discharge of a firearm, whether or not the
9        conduct leading to conviction for the offense resulted
10        in great bodily harm to the victim, shall receive no
11        more than 4.5 days of sentence credit for each month of
12        his or her sentence of imprisonment;
13            (v) that a person serving a sentence for
14        gunrunning, narcotics racketeering, controlled
15        substance trafficking, methamphetamine trafficking,
16        drug-induced homicide, aggravated
17        methamphetamine-related child endangerment, money
18        laundering pursuant to clause (c) (4) or (5) of Section
19        29B-1 of the Criminal Code of 1961 or the Criminal Code
20        of 2012, or a Class X felony conviction for delivery of
21        a controlled substance, possession of a controlled
22        substance with intent to manufacture or deliver,
23        calculated criminal drug conspiracy, criminal drug
24        conspiracy, street gang criminal drug conspiracy,
25        participation in methamphetamine manufacturing,
26        aggravated participation in methamphetamine

 

 

09900HB0353ham002- 57 -LRB099 06157 RLC 33151 a

1        manufacturing, delivery of methamphetamine, possession
2        with intent to deliver methamphetamine, aggravated
3        delivery of methamphetamine, aggravated possession
4        with intent to deliver methamphetamine,
5        methamphetamine conspiracy when the substance
6        containing the controlled substance or methamphetamine
7        is 100 grams or more shall receive no more than 7.5
8        days sentence credit for each month of his or her
9        sentence of imprisonment;
10            (vi) that a prisoner serving a sentence for a
11        second or subsequent offense of luring a minor shall
12        receive no more than 4.5 days of sentence credit for
13        each month of his or her sentence of imprisonment; and
14            (vii) that a prisoner serving a sentence for
15        aggravated domestic battery shall receive no more than
16        4.5 days of sentence credit for each month of his or
17        her sentence of imprisonment; and
18            (viii) that a prisoner serving a sentence for a
19        violation under Section 24-1.8; paragraphs (2), (3),
20        (4), (5) or (6) of subsection (e) under Section 24-1.1;
21        or, a Class 2 or greater felony under Section 24-1.6 of
22        the Criminal Code of 2012 shall receive no more than
23        4.5 days of sentence credit for each month of his or
24        her sentence of imprisonment, unless the prisoner
25        receives a court order under paragraph (2.05) of this
26        subsection (a) authorizing the Department to issue up

 

 

09900HB0353ham002- 58 -LRB099 06157 RLC 33151 a

1        to a maximum of 180 days of additional sentence credit
2        towards the prisoner's sentence.
3        (2.05) Notwithstanding clause (viii) of paragraph (2)
4    of this subsection (a), if a person is convicted for a
5    violation under Section 24-1.8, paragraphs (2), (3), (4),
6    (5) or (6) of subsection (e) of Section 24-1.1, or a Class
7    2 or greater felony under Section 24-1.6 of the Criminal
8    Code of 2012, at the person's sentencing hearing, after
9    considering all of the evidence in aggravation and
10    mitigation, the court may enter an order for judicially
11    authorized sentence credit to the Department permitting
12    the issuance of sentence credit for each day that the
13    person is actually personally engaged full-time and is
14    attending one of the substance abuse programs, vocational
15    programs, correctional industry assignments, educational
16    programs, high school equivalency test programs, behavior
17    modification programs, life skills courses, or other
18    re-entry planning provided by the Department. The
19    Department may issue sentence credit up to a maximum of 180
20    days under the order, and this sentence credit is
21    contingent upon the person's successful completion of the
22    program under the standards provided by the Department. The
23    court may enter the order if the person establishes by a
24    preponderance of the evidence that the interest of justice
25    is served by permitting the person enrollment in
26    correctional programming. In making its determination the

 

 

09900HB0353ham002- 59 -LRB099 06157 RLC 33151 a

1    court shall consider the following factors:
2            (A) the person was not the leader, manager, or
3        supervisor of others in the criminal conduct for which
4        the person was convicted;
5            (B) permitting sentence credit would serve the
6        goals of the person's rehabilitation and reentry into
7        society; and
8            (C) permitting sentence credit is in the interests
9        of public safety.
10        The sentencing judge shall specify on the record the
11    particular information, factors in aggravation or
12    mitigation, or other reasons that led to his or her
13    determination under this paragraph (2.05).
14        (2.1) For all offenses, other than those enumerated in
15    subdivision (a)(2)(i), (ii), or (iii) committed on or after
16    June 19, 1998 or subdivision (a)(2)(iv) committed on or
17    after June 23, 2005 (the effective date of Public Act
18    94-71) or subdivision (a)(2)(v) committed on or after
19    August 13, 2007 (the effective date of Public Act 95-134)
20    or subdivision (a)(2)(vi) committed on or after June 1,
21    2008 (the effective date of Public Act 95-625) or
22    subdivision (a)(2)(vii) committed on or after July 23, 2010
23    (the effective date of Public Act 96-1224), and other than
24    the offense of aggravated driving under the influence of
25    alcohol, other drug or drugs, or intoxicating compound or
26    compounds, or any combination thereof as defined in

 

 

09900HB0353ham002- 60 -LRB099 06157 RLC 33151 a

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

 

 

09900HB0353ham002- 61 -LRB099 06157 RLC 33151 a

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

 

 

09900HB0353ham002- 62 -LRB099 06157 RLC 33151 a

1    (the effective date of Public Act 96-1230) shall receive no
2    more than 4.5 days of sentence credit for each month of his
3    or her sentence of imprisonment.
4        (3) The rules and regulations shall also provide that
5    the Director may award up to 180 days additional sentence
6    credit for good conduct in specific instances as the
7    Director deems proper. The good conduct may include, but is
8    not limited to, compliance with the rules and regulations
9    of the Department, service to the Department, service to a
10    community, or service to the State. However, the Director
11    shall not award more than 90 days of sentence credit for
12    good conduct to any prisoner who is serving a sentence for
13    conviction of first degree murder, reckless homicide while
14    under the influence of alcohol or any other drug, or
15    aggravated driving under the influence of alcohol, other
16    drug or drugs, or intoxicating compound or compounds, or
17    any combination thereof as defined in subparagraph (F) of
18    paragraph (1) of subsection (d) of Section 11-501 of the
19    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
20    predatory criminal sexual assault of a child, aggravated
21    criminal sexual assault, criminal sexual assault, deviate
22    sexual assault, aggravated criminal sexual abuse,
23    aggravated indecent liberties with a child, indecent
24    liberties with a child, child pornography, heinous battery
25    as described in Section 12-4.1 or subdivision (a)(2) of
26    Section 12-3.05, aggravated battery of a spouse,

 

 

09900HB0353ham002- 63 -LRB099 06157 RLC 33151 a

1    aggravated battery of a spouse with a firearm, stalking,
2    aggravated stalking, aggravated battery of a child as
3    described in Section 12-4.3 or subdivision (b)(1) of
4    Section 12-3.05, endangering the life or health of a child,
5    or cruelty to a child. Notwithstanding the foregoing,
6    sentence credit for good conduct shall not be awarded on a
7    sentence of imprisonment imposed for conviction of: (i) one
8    of the offenses enumerated in subdivision (a)(2)(i), (ii),
9    or (iii) when the offense is committed on or after June 19,
10    1998 or subdivision (a)(2)(iv) when the offense is
11    committed on or after June 23, 2005 (the effective date of
12    Public Act 94-71) or subdivision (a)(2)(v) when the offense
13    is committed on or after August 13, 2007 (the effective
14    date of Public Act 95-134) or subdivision (a)(2)(vi) when
15    the offense is committed on or after June 1, 2008 (the
16    effective date of Public Act 95-625) or subdivision
17    (a)(2)(vii) when the offense is committed on or after July
18    23, 2010 (the effective date of Public Act 96-1224), (ii)
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof as defined in subparagraph (F) of
22    paragraph (1) of subsection (d) of Section 11-501 of the
23    Illinois Vehicle Code, (iii) one of the offenses enumerated
24    in subdivision (a)(2.4) when the offense is committed on or
25    after July 15, 1999 (the effective date of Public Act
26    91-121), (iv) aggravated arson when the offense is

 

 

09900HB0353ham002- 64 -LRB099 06157 RLC 33151 a

1    committed on or after July 27, 2001 (the effective date of
2    Public Act 92-176), (v) offenses that may subject the
3    offender to commitment under the Sexually Violent Persons
4    Commitment Act, or (vi) aggravated driving under the
5    influence of alcohol, other drug or drugs, or intoxicating
6    compound or compounds or any combination thereof as defined
7    in subparagraph (C) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code committed on or
9    after January 1, 2011 (the effective date of Public Act
10    96-1230).
11    Eligible inmates for an award of sentence credit under this
12paragraph (3) may be selected to receive the credit at the
13Director's or his or her designee's sole discretion.
14Consideration may be based on, but not limited to, any
15available risk assessment analysis on the inmate, any history
16of conviction for violent crimes as defined by the Rights of
17Crime Victims and Witnesses Act, facts and circumstances of the
18inmate's holding offense or offenses, and the potential for
19rehabilitation.
20    The Director shall not award sentence credit under this
21paragraph (3) to an inmate unless the inmate has served a
22minimum of 60 days of the sentence; except nothing in this
23paragraph shall be construed to permit the Director to extend
24an inmate's sentence beyond that which was imposed by the
25court. Prior to awarding credit under this paragraph (3), the
26Director shall make a written determination that the inmate:

 

 

09900HB0353ham002- 65 -LRB099 06157 RLC 33151 a

1            (A) is eligible for the sentence credit;
2            (B) has served a minimum of 60 days, or as close to
3        60 days as the sentence will allow; and
4            (C) has met the eligibility criteria established
5        by rule.
6        The Director shall determine the form and content of
7    the written determination required in this subsection.
8        (3.5) The Department shall provide annual written
9    reports to the Governor and the General Assembly on the
10    award of sentence credit for good conduct, with the first
11    report due January 1, 2014. The Department must publish
12    both reports on its website within 48 hours of transmitting
13    the reports to the Governor and the General Assembly. The
14    reports must include:
15            (A) the number of inmates awarded sentence credit
16        for good conduct;
17            (B) the average amount of sentence credit for good
18        conduct awarded;
19            (C) the holding offenses of inmates awarded
20        sentence credit for good conduct; and
21            (D) the number of sentence credit for good conduct
22        revocations.
23        (4) The rules and regulations shall also provide that
24    the sentence credit accumulated and retained under
25    paragraph (2.1) of subsection (a) of this Section by any
26    inmate during specific periods of time in which such inmate

 

 

09900HB0353ham002- 66 -LRB099 06157 RLC 33151 a

1    is engaged full-time in substance abuse programs,
2    correctional industry assignments, educational programs,
3    behavior modification programs, life skills courses, or
4    re-entry planning provided by the Department under this
5    paragraph (4) and satisfactorily completes the assigned
6    program as determined by the standards of the Department,
7    shall be multiplied by a factor of 1.25 for program
8    participation before August 11, 1993 and 1.50 for program
9    participation on or after that date. The rules and
10    regulations shall also provide that sentence credit,
11    subject to the same offense limits and multiplier provided
12    in this paragraph, may be provided to an inmate who was
13    held in pre-trial detention prior to his or her current
14    commitment to the Department of Corrections and
15    successfully completed a full-time, 60-day or longer
16    substance abuse program, educational program, behavior
17    modification program, life skills course, or re-entry
18    planning provided by the county department of corrections
19    or county jail. Calculation of this county program credit
20    shall be done at sentencing as provided in Section
21    5-4.5-100 of this Code and shall be included in the
22    sentencing order. However, no inmate shall be eligible for
23    the additional sentence credit under this paragraph (4) or
24    (4.1) of this subsection (a) while assigned to a boot camp
25    or electronic detention, or if convicted of an offense
26    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

 

 

09900HB0353ham002- 67 -LRB099 06157 RLC 33151 a

1    Section that is committed on or after June 19, 1998 or
2    subdivision (a)(2)(iv) of this Section that is committed on
3    or after June 23, 2005 (the effective date of Public Act
4    94-71) or subdivision (a)(2)(v) of this Section that is
5    committed on or after August 13, 2007 (the effective date
6    of Public Act 95-134) or subdivision (a)(2)(vi) when the
7    offense is committed on or after June 1, 2008 (the
8    effective date of Public Act 95-625) or subdivision
9    (a)(2)(vii) when the offense is committed on or after July
10    23, 2010 (the effective date of Public Act 96-1224), or if
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds or any combination thereof as defined in
14    subparagraph (F) of paragraph (1) of subsection (d) of
15    Section 11-501 of the Illinois Vehicle Code, or if
16    convicted of aggravated driving under the influence of
17    alcohol, other drug or drugs, or intoxicating compound or
18    compounds or any combination thereof as defined in
19    subparagraph (C) of paragraph (1) of subsection (d) of
20    Section 11-501 of the Illinois Vehicle Code committed on or
21    after January 1, 2011 (the effective date of Public Act
22    96-1230), or if convicted of an offense enumerated in
23    paragraph (a)(2.4) of this Section that is committed on or
24    after July 15, 1999 (the effective date of Public Act
25    91-121), or first degree murder, a Class X felony, criminal
26    sexual assault, felony criminal sexual abuse, aggravated

 

 

09900HB0353ham002- 68 -LRB099 06157 RLC 33151 a

1    criminal sexual abuse, aggravated battery with a firearm as
2    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
3    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
4    successor offenses with the same or substantially the same
5    elements, or any inchoate offenses relating to the
6    foregoing offenses. No inmate shall be eligible for the
7    additional good conduct credit under this paragraph (4) who
8    (i) has previously received increased good conduct credit
9    under this paragraph (4) and has subsequently been
10    convicted of a felony, or (ii) has previously served more
11    than one prior sentence of imprisonment for a felony in an
12    adult correctional facility.
13        Educational, vocational, substance abuse, behavior
14    modification programs, life skills courses, re-entry
15    planning, and correctional industry programs under which
16    sentence credit may be increased under this paragraph (4)
17    and paragraph (4.1) of this subsection (a) shall be
18    evaluated by the Department on the basis of documented
19    standards. The Department shall report the results of these
20    evaluations to the Governor and the General Assembly by
21    September 30th of each year. The reports shall include data
22    relating to the recidivism rate among program
23    participants.
24        Availability of these programs shall be subject to the
25    limits of fiscal resources appropriated by the General
26    Assembly for these purposes. Eligible inmates who are

 

 

09900HB0353ham002- 69 -LRB099 06157 RLC 33151 a

1    denied immediate admission shall be placed on a waiting
2    list under criteria established by the Department. The
3    inability of any inmate to become engaged in any such
4    programs by reason of insufficient program resources or for
5    any other reason established under the rules and
6    regulations of the Department shall not be deemed a cause
7    of action under which the Department or any employee or
8    agent of the Department shall be liable for damages to the
9    inmate.
10        (4.1) The rules and regulations shall also provide that
11    an additional 60 days of sentence credit shall be awarded
12    to any prisoner who passes high school equivalency testing
13    while the prisoner is committed to the Department of
14    Corrections. The sentence credit awarded under this
15    paragraph (4.1) shall be in addition to, and shall not
16    affect, the award of sentence credit under any other
17    paragraph of this Section, but shall also be pursuant to
18    the guidelines and restrictions set forth in paragraph (4)
19    of subsection (a) of this Section. The sentence credit
20    provided for in this paragraph shall be available only to
21    those prisoners who have not previously earned a high
22    school diploma or a high school equivalency certificate.
23    If, after an award of the high school equivalency testing
24    sentence credit has been made, the Department determines
25    that the prisoner was not eligible, then the award shall be
26    revoked. The Department may also award 60 days of sentence

 

 

09900HB0353ham002- 70 -LRB099 06157 RLC 33151 a

1    credit to any committed person who passed high school
2    equivalency testing while he or she was held in pre-trial
3    detention prior to the current commitment to the Department
4    of Corrections.
5        (4.5) The rules and regulations on sentence credit
6    shall also provide that when the court's sentencing order
7    recommends a prisoner for substance abuse treatment and the
8    crime was committed on or after September 1, 2003 (the
9    effective date of Public Act 93-354), the prisoner shall
10    receive no sentence credit awarded under clause (3) of this
11    subsection (a) unless he or she participates in and
12    completes a substance abuse treatment program. The
13    Director may waive the requirement to participate in or
14    complete a substance abuse treatment program and award the
15    sentence credit in specific instances if the prisoner is
16    not a good candidate for a substance abuse treatment
17    program for medical, programming, or operational reasons.
18    Availability of substance abuse treatment shall be subject
19    to the limits of fiscal resources appropriated by the
20    General Assembly for these purposes. If treatment is not
21    available and the requirement to participate and complete
22    the treatment has not been waived by the Director, the
23    prisoner shall be placed on a waiting list under criteria
24    established by the Department. The Director may allow a
25    prisoner placed on a waiting list to participate in and
26    complete a substance abuse education class or attend

 

 

09900HB0353ham002- 71 -LRB099 06157 RLC 33151 a

1    substance abuse self-help meetings in lieu of a substance
2    abuse treatment program. A prisoner on a waiting list who
3    is not placed in a substance abuse program prior to release
4    may be eligible for a waiver and receive sentence credit
5    under clause (3) of this subsection (a) at the discretion
6    of the Director.
7        (4.6) The rules and regulations on sentence credit
8    shall also provide that a prisoner who has been convicted
9    of a sex offense as defined in Section 2 of the Sex
10    Offender Registration Act shall receive no sentence credit
11    unless he or she either has successfully completed or is
12    participating in sex offender treatment as defined by the
13    Sex Offender Management Board. However, prisoners who are
14    waiting to receive treatment, but who are unable to do so
15    due solely to the lack of resources on the part of the
16    Department, may, at the Director's sole discretion, be
17    awarded sentence credit at a rate as the Director shall
18    determine.
19        (5) Whenever the Department is to release any inmate
20    earlier than it otherwise would because of a grant of
21    sentence credit for good conduct under paragraph (3) of
22    subsection (a) of this Section given at any time during the
23    term, the Department shall give reasonable notice of the
24    impending release not less than 14 days prior to the date
25    of the release to the State's Attorney of the county where
26    the prosecution of the inmate took place, and if

 

 

09900HB0353ham002- 72 -LRB099 06157 RLC 33151 a

1    applicable, the State's Attorney of the county into which
2    the inmate will be released. The Department must also make
3    identification information and a recent photo of the inmate
4    being released accessible on the Internet by means of a
5    hyperlink labeled "Community Notification of Inmate Early
6    Release" on the Department's World Wide Web homepage. The
7    identification information shall include the inmate's:
8    name, any known alias, date of birth, physical
9    characteristics, residence address, commitment offense and
10    county where conviction was imposed. The identification
11    information shall be placed on the website within 3 days of
12    the inmate's release and the information may not be removed
13    until either: completion of the first year of mandatory
14    supervised release or return of the inmate to custody of
15    the Department.
16    (b) Whenever a person is or has been committed under
17several convictions, with separate sentences, the sentences
18shall be construed under Section 5-8-4 in granting and
19forfeiting of sentence credit.
20    (c) The Department shall prescribe rules and regulations
21for revoking sentence credit, including revoking sentence
22credit awarded for good conduct under paragraph (3) of
23subsection (a) of this Section. The Department shall prescribe
24rules and regulations for suspending or reducing the rate of
25accumulation of sentence credit for specific rule violations,
26during imprisonment. These rules and regulations shall provide

 

 

09900HB0353ham002- 73 -LRB099 06157 RLC 33151 a

1that no inmate may be penalized more than one year of sentence
2credit for any one infraction.
3    When the Department seeks to revoke, suspend or reduce the
4rate of accumulation of any sentence credits for an alleged
5infraction of its rules, it shall bring charges therefor
6against the prisoner sought to be so deprived of sentence
7credits before the Prisoner Review Board as provided in
8subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9amount of credit at issue exceeds 30 days or when during any 12
10month period, the cumulative amount of credit revoked exceeds
1130 days except where the infraction is committed or discovered
12within 60 days of scheduled release. In those cases, the
13Department of Corrections may revoke up to 30 days of sentence
14credit. The Board may subsequently approve the revocation of
15additional sentence credit, if the Department seeks to revoke
16sentence credit in excess of 30 days. However, the Board shall
17not be empowered to review the Department's decision with
18respect to the loss of 30 days of sentence credit within any
19calendar year for any prisoner or to increase any penalty
20beyond the length requested by the Department.
21    The Director of the Department of Corrections, in
22appropriate cases, may restore up to 30 days of sentence
23credits which have been revoked, suspended or reduced. Any
24restoration of sentence credits in excess of 30 days shall be
25subject to review by the Prisoner Review Board. However, the
26Board may not restore sentence credit in excess of the amount

 

 

09900HB0353ham002- 74 -LRB099 06157 RLC 33151 a

1requested by the Director.
2    Nothing contained in this Section shall prohibit the
3Prisoner Review Board from ordering, pursuant to Section
43-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
5sentence imposed by the court that was not served due to the
6accumulation of sentence credit.
7    (d) If a lawsuit is filed by a prisoner in an Illinois or
8federal court against the State, the Department of Corrections,
9or the Prisoner Review Board, or against any of their officers
10or employees, and the court makes a specific finding that a
11pleading, motion, or other paper filed by the prisoner is
12frivolous, the Department of Corrections shall conduct a
13hearing to revoke up to 180 days of sentence credit by bringing
14charges against the prisoner sought to be deprived of the
15sentence credits before the Prisoner Review Board as provided
16in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
17prisoner has not accumulated 180 days of sentence credit at the
18time of the finding, then the Prisoner Review Board may revoke
19all sentence credit accumulated by the prisoner.
20    For purposes of this subsection (d):
21        (1) "Frivolous" means that a pleading, motion, or other
22    filing which purports to be a legal document filed by a
23    prisoner in his or her lawsuit meets any or all of the
24    following criteria:
25            (A) it lacks an arguable basis either in law or in
26        fact;

 

 

09900HB0353ham002- 75 -LRB099 06157 RLC 33151 a

1            (B) it is being presented for any improper purpose,
2        such as to harass or to cause unnecessary delay or
3        needless increase in the cost of litigation;
4            (C) the claims, defenses, and other legal
5        contentions therein are not warranted by existing law
6        or by a nonfrivolous argument for the extension,
7        modification, or reversal of existing law or the
8        establishment of new law;
9            (D) the allegations and other factual contentions
10        do not have evidentiary support or, if specifically so
11        identified, are not likely to have evidentiary support
12        after a reasonable opportunity for further
13        investigation or discovery; or
14            (E) the denials of factual contentions are not
15        warranted on the evidence, or if specifically so
16        identified, are not reasonably based on a lack of
17        information or belief.
18        (2) "Lawsuit" means a motion pursuant to Section 116-3
19    of the Code of Criminal Procedure of 1963, a habeas corpus
20    action under Article X of the Code of Civil Procedure or
21    under federal law (28 U.S.C. 2254), a petition for claim
22    under the Court of Claims Act, an action under the federal
23    Civil Rights Act (42 U.S.C. 1983), or a second or
24    subsequent petition for post-conviction relief under
25    Article 122 of the Code of Criminal Procedure of 1963
26    whether filed with or without leave of court or a second or

 

 

09900HB0353ham002- 76 -LRB099 06157 RLC 33151 a

1    subsequent petition for relief from judgment under Section
2    2-1401 of the Code of Civil Procedure.
3    (e) Nothing in Public Act 90-592 or 90-593 affects the
4validity of Public Act 89-404.
5    (f) Whenever the Department is to release any inmate who
6has been convicted of a violation of an order of protection
7under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
8the Criminal Code of 2012, earlier than it otherwise would
9because of a grant of sentence credit, the Department, as a
10condition of release, shall require that the person, upon
11release, be placed under electronic surveillance as provided in
12Section 5-8A-7 of this Code.
13(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12;
1497-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
151-1-15.)
 
16    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
17    Sec. 5-5-3. Disposition.
18    (a) (Blank).
19    (b) (Blank).
20    (c) (1) (Blank).
21    (2) A period of probation, a term of periodic imprisonment
22or conditional discharge shall not be imposed for the following
23offenses. The court shall sentence the offender to not less
24than the minimum term of imprisonment set forth in this Code
25for the following offenses, and may order a fine or restitution

 

 

09900HB0353ham002- 77 -LRB099 06157 RLC 33151 a

1or both in conjunction with such term of imprisonment:
2        (A) First degree murder where the death penalty is not
3    imposed.
4        (B) Attempted first degree murder.
5        (C) A Class X felony.
6        (D) A violation of Section 401.1 or 407 of the Illinois
7    Controlled Substances Act, or a violation of subdivision
8    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
9    to more than 5 grams of a substance containing cocaine,
10    fentanyl, or an analog thereof.
11        (D-5) A violation of subdivision (c)(1) of Section 401
12    of the Illinois Controlled Substances Act which relates to
13    3 or more grams of a substance containing heroin or an
14    analog thereof.
15        (E) A violation of Section 5.1 or 9 of the Cannabis
16    Control Act.
17        (F) A Class 2 or greater felony if the offender had
18    been convicted of a Class 2 or greater felony, including
19    any state or federal conviction for an offense that
20    contained, at the time it was committed, the same elements
21    as an offense now (the date of the offense committed after
22    the prior Class 2 or greater felony) classified as a Class
23    2 or greater felony, within 10 years of the date on which
24    the offender committed the offense for which he or she is
25    being sentenced, except as otherwise provided in Section
26    40-10 of the Alcoholism and Other Drug Abuse and Dependency

 

 

09900HB0353ham002- 78 -LRB099 06157 RLC 33151 a

1    Act.
2        (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, or
3    24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 for which imprisonment is prescribed
5    in those Sections.
6        (G) Residential burglary, except as otherwise provided
7    in Section 40-10 of the Alcoholism and Other Drug Abuse and
8    Dependency Act.
9        (H) Criminal sexual assault.
10        (I) Aggravated battery of a senior citizen as described
11    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
12    of the Criminal Code of 1961 or the Criminal Code of 2012.
13        (J) A forcible felony if the offense was related to the
14    activities of an organized gang.
15        Before July 1, 1994, for the purposes of this
16    paragraph, "organized gang" means an association of 5 or
17    more persons, with an established hierarchy, that
18    encourages members of the association to perpetrate crimes
19    or provides support to the members of the association who
20    do commit crimes.
21        Beginning July 1, 1994, for the purposes of this
22    paragraph, "organized gang" has the meaning ascribed to it
23    in Section 10 of the Illinois Streetgang Terrorism Omnibus
24    Prevention Act.
25        (K) Vehicular hijacking.
26        (L) A second or subsequent conviction for the offense

 

 

09900HB0353ham002- 79 -LRB099 06157 RLC 33151 a

1    of hate crime when the underlying offense upon which the
2    hate crime is based is felony aggravated assault or felony
3    mob action.
4        (M) A second or subsequent conviction for the offense
5    of institutional vandalism if the damage to the property
6    exceeds $300.
7        (N) A Class 3 felony violation of paragraph (1) of
8    subsection (a) of Section 2 of the Firearm Owners
9    Identification Card Act.
10        (O) A violation of Section 12-6.1 or 12-6.5 of the
11    Criminal Code of 1961 or the Criminal Code of 2012.
12        (P) A violation of paragraph (1), (2), (3), (4), (5),
13    or (7) of subsection (a) of Section 11-20.1 of the Criminal
14    Code of 1961 or the Criminal Code of 2012.
15        (Q) A violation of subsection (b) or (b-5) of Section
16    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
17    Code of 1961 or the Criminal Code of 2012.
18        (R) A violation of Section 24-3A of the Criminal Code
19    of 1961 or the Criminal Code of 2012.
20        (S) (Blank).
21        (T) A second or subsequent violation of the
22    Methamphetamine Control and Community Protection Act.
23        (U) A second or subsequent violation of Section 6-303
24    of the Illinois Vehicle Code committed while his or her
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961

 

 

09900HB0353ham002- 80 -LRB099 06157 RLC 33151 a

1    or the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar provision of a law of
3    another state.
4        (V) A violation of paragraph (4) of subsection (c) of
5    Section 11-20.1B or paragraph (4) of subsection (c) of
6    Section 11-20.3 of the Criminal Code of 1961, or paragraph
7    (6) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 2012 when the victim is under 13 years of age and
9    the defendant has previously been convicted under the laws
10    of this State or any other state of the offense of child
11    pornography, aggravated child pornography, aggravated
12    criminal sexual abuse, aggravated criminal sexual assault,
13    predatory criminal sexual assault of a child, or any of the
14    offenses formerly known as rape, deviate sexual assault,
15    indecent liberties with a child, or aggravated indecent
16    liberties with a child where the victim was under the age
17    of 18 years or an offense that is substantially equivalent
18    to those offenses.
19        (W) A violation of Section 24-3.5 of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (X) A violation of subsection (a) of Section 31-1a of
22    the Criminal Code of 1961 or the Criminal Code of 2012.
23        (Y) A conviction for unlawful possession of a firearm
24    by a street gang member when the firearm was loaded or
25    contained firearm ammunition.
26        (Z) A Class 1 felony committed while he or she was

 

 

09900HB0353ham002- 81 -LRB099 06157 RLC 33151 a

1    serving a term of probation or conditional discharge for a
2    felony.
3        (AA) Theft of property exceeding $500,000 and not
4    exceeding $1,000,000 in value.
5        (BB) Laundering of criminally derived property of a
6    value exceeding $500,000.
7        (CC) Knowingly selling, offering for sale, holding for
8    sale, or using 2,000 or more counterfeit items or
9    counterfeit items having a retail value in the aggregate of
10    $500,000 or more.
11        (DD) A conviction for aggravated assault under
12    paragraph (6) of subsection (c) of Section 12-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 if the
14    firearm is aimed toward the person against whom the firearm
15    is being used.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

09900HB0353ham002- 82 -LRB099 06157 RLC 33151 a

1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment of
630 days or 300 hours of community service, as determined by the
7court, shall be imposed for a third or subsequent violation of
8Section 6-303 of the Illinois Vehicle Code.
9    (4.5) A minimum term of imprisonment of 30 days shall be
10imposed for a third violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12    (4.6) Except as provided in paragraph (4.10) of this
13subsection (c), a minimum term of imprisonment of 180 days
14shall be imposed for a fourth or subsequent violation of
15subsection (c) of Section 6-303 of the Illinois Vehicle Code.
16    (4.7) A minimum term of imprisonment of not less than 30
17consecutive days, or 300 hours of community service, shall be
18imposed for a violation of subsection (a-5) of Section 6-303 of
19the Illinois Vehicle Code, as provided in subsection (b-5) of
20that Section.
21    (4.8) A mandatory prison sentence shall be imposed for a
22second violation of subsection (a-5) of Section 6-303 of the
23Illinois Vehicle Code, as provided in subsection (c-5) of that
24Section. The person's driving privileges shall be revoked for a
25period of not less than 5 years from the date of his or her
26release from prison.

 

 

09900HB0353ham002- 83 -LRB099 06157 RLC 33151 a

1    (4.9) A mandatory prison sentence of not less than 4 and
2not more than 15 years shall be imposed for a third violation
3of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4Code, as provided in subsection (d-2.5) of that Section. The
5person's driving privileges shall be revoked for the remainder
6of his or her life.
7    (4.10) A mandatory prison sentence for a Class 1 felony
8shall be imposed, and the person shall be eligible for an
9extended term sentence, for a fourth or subsequent violation of
10subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
11as provided in subsection (d-3.5) of that Section. The person's
12driving privileges shall be revoked for the remainder of his or
13her life.
14    (5) The court may sentence a corporation or unincorporated
15association convicted of any offense to:
16        (A) a period of conditional discharge;
17        (B) a fine;
18        (C) make restitution to the victim under Section 5-5-6
19    of this Code.
20    (5.1) In addition to any other penalties imposed, and
21except as provided in paragraph (5.2) or (5.3), a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for at least 90 days but not
25more than one year, if the violation resulted in damage to the
26property of another person.

 

 

09900HB0353ham002- 84 -LRB099 06157 RLC 33151 a

1    (5.2) In addition to any other penalties imposed, and
2except as provided in paragraph (5.3), a person convicted of
3violating subsection (c) of Section 11-907 of the Illinois
4Vehicle Code shall have his or her driver's license, permit, or
5privileges suspended for at least 180 days but not more than 2
6years, if the violation resulted in injury to another person.
7    (5.3) In addition to any other penalties imposed, a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for 2 years, if the violation
11resulted in the death of another person.
12    (5.4) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code shall have his or her driver's license, permit, or
15privileges suspended for 3 months and until he or she has paid
16a reinstatement fee of $100.
17    (5.5) In addition to any other penalties imposed, a person
18convicted of violating Section 3-707 of the Illinois Vehicle
19Code during a period in which his or her driver's license,
20permit, or privileges were suspended for a previous violation
21of that Section shall have his or her driver's license, permit,
22or privileges suspended for an additional 6 months after the
23expiration of the original 3-month suspension and until he or
24she has paid a reinstatement fee of $100.
25    (6) (Blank).
26    (7) (Blank).

 

 

09900HB0353ham002- 85 -LRB099 06157 RLC 33151 a

1    (8) (Blank).
2    (9) A defendant convicted of a second or subsequent offense
3of ritualized abuse of a child may be sentenced to a term of
4natural life imprisonment.
5    (10) (Blank).
6    (11) The court shall impose a minimum fine of $1,000 for a
7first offense and $2,000 for a second or subsequent offense
8upon a person convicted of or placed on supervision for battery
9when the individual harmed was a sports official or coach at
10any level of competition and the act causing harm to the sports
11official or coach occurred within an athletic facility or
12within the immediate vicinity of the athletic facility at which
13the sports official or coach was an active participant of the
14athletic contest held at the athletic facility. For the
15purposes of this paragraph (11), "sports official" means a
16person at an athletic contest who enforces the rules of the
17contest, such as an umpire or referee; "athletic facility"
18means an indoor or outdoor playing field or recreational area
19where sports activities are conducted; and "coach" means a
20person recognized as a coach by the sanctioning authority that
21conducted the sporting event.
22    (12) A person may not receive a disposition of court
23supervision for a violation of Section 5-16 of the Boat
24Registration and Safety Act if that person has previously
25received a disposition of court supervision for a violation of
26that Section.

 

 

09900HB0353ham002- 86 -LRB099 06157 RLC 33151 a

1    (13) A person convicted of or placed on court supervision
2for an assault or aggravated assault when the victim and the
3offender are family or household members as defined in Section
4103 of the Illinois Domestic Violence Act of 1986 or convicted
5of domestic battery or aggravated domestic battery may be
6required to attend a Partner Abuse Intervention Program under
7protocols set forth by the Illinois Department of Human
8Services under such terms and conditions imposed by the court.
9The costs of such classes shall be paid by the offender.
10    (d) In any case in which a sentence originally imposed is
11vacated, the case shall be remanded to the trial court. The
12trial court shall hold a hearing under Section 5-4-1 of the
13Unified Code of Corrections which may include evidence of the
14defendant's life, moral character and occupation during the
15time since the original sentence was passed. The trial court
16shall then impose sentence upon the defendant. The trial court
17may impose any sentence which could have been imposed at the
18original trial subject to Section 5-5-4 of the Unified Code of
19Corrections. If a sentence is vacated on appeal or on
20collateral attack due to the failure of the trier of fact at
21trial to determine beyond a reasonable doubt the existence of a
22fact (other than a prior conviction) necessary to increase the
23punishment for the offense beyond the statutory maximum
24otherwise applicable, either the defendant may be re-sentenced
25to a term within the range otherwise provided or, if the State
26files notice of its intention to again seek the extended

 

 

09900HB0353ham002- 87 -LRB099 06157 RLC 33151 a

1sentence, the defendant shall be afforded a new trial.
2    (e) In cases where prosecution for aggravated criminal
3sexual abuse under Section 11-1.60 or 12-16 of the Criminal
4Code of 1961 or the Criminal Code of 2012 results in conviction
5of a defendant who was a family member of the victim at the
6time of the commission of the offense, the court shall consider
7the safety and welfare of the victim and may impose a sentence
8of probation only where:
9        (1) the court finds (A) or (B) or both are appropriate:
10            (A) the defendant is willing to undergo a court
11        approved counseling program for a minimum duration of 2
12        years; or
13            (B) the defendant is willing to participate in a
14        court approved plan including but not limited to the
15        defendant's:
16                (i) removal from the household;
17                (ii) restricted contact with the victim;
18                (iii) continued financial support of the
19            family;
20                (iv) restitution for harm done to the victim;
21            and
22                (v) compliance with any other measures that
23            the court may deem appropriate; and
24        (2) the court orders the defendant to pay for the
25    victim's counseling services, to the extent that the court
26    finds, after considering the defendant's income and

 

 

09900HB0353ham002- 88 -LRB099 06157 RLC 33151 a

1    assets, that the defendant is financially capable of paying
2    for such services, if the victim was under 18 years of age
3    at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 2012.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the defendant shall undergo medical
23testing to determine whether the defendant has any sexually
24transmissible disease, including a test for infection with
25human immunodeficiency virus (HIV) or any other identified
26causative agent of acquired immunodeficiency syndrome (AIDS).

 

 

09900HB0353ham002- 89 -LRB099 06157 RLC 33151 a

1Any such medical test shall be performed only by appropriately
2licensed medical practitioners and may include an analysis of
3any bodily fluids as well as an examination of the defendant's
4person. Except as otherwise provided by law, the results of
5such test shall be kept strictly confidential by all medical
6personnel involved in the testing and must be personally
7delivered in a sealed envelope to the judge of the court in
8which the conviction was entered for the judge's inspection in
9camera. Acting in accordance with the best interests of the
10victim and the public, the judge shall have the discretion to
11determine to whom, if anyone, the results of the testing may be
12revealed. The court shall notify the defendant of the test
13results. The court shall also notify the victim if requested by
14the victim, and if the victim is under the age of 15 and if
15requested by the victim's parents or legal guardian, the court
16shall notify the victim's parents or legal guardian of the test
17results. The court shall provide information on the
18availability of HIV testing and counseling at Department of
19Public Health facilities to all parties to whom the results of
20the testing are revealed and shall direct the State's Attorney
21to provide the information to the victim when possible. A
22State's Attorney may petition the court to obtain the results
23of any HIV test administered under this Section, and the court
24shall grant the disclosure if the State's Attorney shows it is
25relevant in order to prosecute a charge of criminal
26transmission of HIV under Section 12-5.01 or 12-16.2 of the

 

 

09900HB0353ham002- 90 -LRB099 06157 RLC 33151 a

1Criminal Code of 1961 or the Criminal Code of 2012 against the
2defendant. The court shall order that the cost of any such test
3shall be paid by the county and may be taxed as costs against
4the convicted defendant.
5    (g-5) When an inmate is tested for an airborne communicable
6disease, as determined by the Illinois Department of Public
7Health including but not limited to tuberculosis, the results
8of the test shall be personally delivered by the warden or his
9or her designee in a sealed envelope to the judge of the court
10in which the inmate must appear for the judge's inspection in
11camera if requested by the judge. Acting in accordance with the
12best interests of those in the courtroom, the judge shall have
13the discretion to determine what if any precautions need to be
14taken to prevent transmission of the disease in the courtroom.
15    (h) Whenever a defendant is convicted of an offense under
16Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
17defendant shall undergo medical testing to determine whether
18the defendant has been exposed to human immunodeficiency virus
19(HIV) or any other identified causative agent of acquired
20immunodeficiency syndrome (AIDS). Except as otherwise provided
21by law, the results of such test shall be kept strictly
22confidential by all medical personnel involved in the testing
23and must be personally delivered in a sealed envelope to the
24judge of the court in which the conviction was entered for the
25judge's inspection in camera. Acting in accordance with the
26best interests of the public, the judge shall have the

 

 

09900HB0353ham002- 91 -LRB099 06157 RLC 33151 a

1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. A State's Attorney may petition the court to
10obtain the results of any HIV test administered under this
11Section, and the court shall grant the disclosure if the
12State's Attorney shows it is relevant in order to prosecute a
13charge of criminal transmission of HIV under Section 12-5.01 or
1412-16.2 of the Criminal Code of 1961 or the Criminal Code of
152012 against the defendant. The court shall order that the cost
16of any such test shall be paid by the county and may be taxed as
17costs against the convicted defendant.
18    (i) All fines and penalties imposed under this Section for
19any violation of Chapters 3, 4, 6, and 11 of the Illinois
20Vehicle Code, or a similar provision of a local ordinance, and
21any violation of the Child Passenger Protection Act, or a
22similar provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under Section 27.5
24of the Clerks of Courts Act.
25    (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

 

 

09900HB0353ham002- 92 -LRB099 06157 RLC 33151 a

111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the Methamphetamine
12Control and Community Protection Act of a defendant, the court
13shall determine whether the defendant is employed by a facility
14or center as defined under the Child Care Act of 1969, a public
15or private elementary or secondary school, or otherwise works
16with children under 18 years of age on a daily basis. When a
17defendant is so employed, the court shall order the Clerk of
18the Court to send a copy of the judgment of conviction or order
19of supervision or probation to the defendant's employer by
20certified mail. If the employer of the defendant is a school,
21the Clerk of the Court shall direct the mailing of a copy of
22the judgment of conviction or order of supervision or probation
23to the appropriate regional superintendent of schools. The
24regional superintendent of schools shall notify the State Board
25of Education of any notification under this subsection.
26    (j-5) A defendant at least 17 years of age who is convicted

 

 

09900HB0353ham002- 93 -LRB099 06157 RLC 33151 a

1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall as
4a condition of his or her sentence be required by the court to
5attend educational courses designed to prepare the defendant
6for a high school diploma and to work toward a high school
7diploma or to work toward passing high school equivalency
8testing or to work toward completing a vocational training
9program offered by the Department of Corrections. If a
10defendant fails to complete the educational training required
11by his or her sentence during the term of incarceration, the
12Prisoner Review Board shall, as a condition of mandatory
13supervised release, require the defendant, at his or her own
14expense, to pursue a course of study toward a high school
15diploma or passage of high school equivalency testing. The
16Prisoner Review Board shall revoke the mandatory supervised
17release of a defendant who wilfully fails to comply with this
18subsection (j-5) upon his or her release from confinement in a
19penal institution while serving a mandatory supervised release
20term; however, the inability of the defendant after making a
21good faith effort to obtain financial aid or pay for the
22educational training shall not be deemed a wilful failure to
23comply. The Prisoner Review Board shall recommit the defendant
24whose mandatory supervised release term has been revoked under
25this subsection (j-5) as provided in Section 3-3-9. This
26subsection (j-5) does not apply to a defendant who has a high

 

 

09900HB0353ham002- 94 -LRB099 06157 RLC 33151 a

1school diploma or has successfully passed high school
2equivalency testing. This subsection (j-5) does not apply to a
3defendant who is determined by the court to be developmentally
4disabled or otherwise mentally incapable of completing the
5educational or vocational program.
6    (k) (Blank).
7    (l) (A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is an alien as defined by the
9Immigration and Nationality Act, is convicted of any felony or
10misdemeanor offense, the court after sentencing the defendant
11may, upon motion of the State's Attorney, hold sentence in
12abeyance and remand the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent to be deported when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

09900HB0353ham002- 95 -LRB099 06157 RLC 33151 a

1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    (C) This subsection (l) does not apply to offenders who are
13subject to the provisions of paragraph (2) of subsection (a) of
14Section 3-6-3.
15    (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of the
17United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional sentence credit for good conduct as provided
24under Section 3-6-3.
25    (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

 

 

09900HB0353ham002- 96 -LRB099 06157 RLC 33151 a

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person is an addict or alcoholic, as defined in
12the Alcoholism and Other Drug Abuse and Dependency Act, to a
13substance or alcohol abuse program licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions of
18license renewal established by the Secretary of State.
19(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
2097-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
211-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
22eff. 7-16-14.)
 
23    (730 ILCS 5/5-9-1.10)
24    Sec. 5-9-1.10. Additional fines. There shall be added to
25every penalty imposed in sentencing for a violation of Sections

 

 

09900HB0353ham002- 97 -LRB099 06157 RLC 33151 a

124-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
21961 or the Criminal Code of 2012 an additional fine of $100
3payable to the clerk, which shall be imposed upon the entry of
4a judgment of conviction. This additional fee, less 2 1/2% that
5shall be used to defray administrative costs incurred by the
6clerk, shall be remitted by the clerk to the Treasurer within
760 days after receipt for deposit into the Trauma Center Fund.
8This additional fee of $100 shall not be considered a part of
9the fine for purposes of any reduction in the fine for time
10served either before or after sentencing. Not later than March
111 of each year the circuit clerk shall submit a report of the
12amount of funds remitted to the State Treasurer under this
13Section during the preceding calendar year. All moneys
14collected by the circuit clerk and remitted to the State
15Treasurer under Section 27.6 of the Clerks of Courts Act shall
16be deposited into the Trauma Center Fund for distribution as
17provided under Section 3.225 of the Emergency Medical Services
18(EMS) Systems Act.
19(Source: P.A. 97-1150, eff. 1-25-13.)".