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Public Act 094-0556 |
SB0562 Enrolled |
LRB094 10607 RLC 40928 b |
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AN ACT concerning methamphetamine.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Methamphetamine Control and Community Protection Act. |
Section 5. Purpose. The purpose of this Act is to reduce |
the damage that the manufacture, distribution, and use of |
methamphetamine are inflicting on children, families, |
communities, businesses, the economy, and the environment in |
Illinois. The General Assembly recognizes that methamphetamine |
is fundamentally different from other drugs regulated by the |
Illinois Controlled Substances Act because the harms relating |
to methamphetamine stem not only from the distribution and use |
of the drug, but also from the manufacture of the drug in this |
State. Because methamphetamine is not only distributed and used |
but also manufactured here, and because the manufacture of |
methamphetamine is extremely and uniquely harmful, the General |
Assembly finds that a separate Act is needed to address the |
manufacture, distribution, and use of methamphetamine in |
Illinois. |
Section 10. Definitions. As used in this Act: |
"Anhydrous ammonia" has the meaning provided in subsection |
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
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"Anhydrous ammonia equipment" means all items used to |
store, hold, contain, handle, transfer, transport, or apply |
anhydrous ammonia for lawful purposes.
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"Booby trap" means any device designed to cause physical |
injury when triggered by an act of a person approaching, |
entering, or moving through a structure, a vehicle, or any |
location where methamphetamine has been manufactured, is being |
manufactured, or is intended to be manufactured.
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"Deliver" or "delivery" has the meaning provided in |
subsection (h) of Section 102 of the Illinois Controlled |
Substances Act.
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"Director" means the Director of State Police or the |
Director's designated agents.
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"Dispose" or "disposal" means to abandon, discharge, |
release, deposit, inject, dump, spill, leak, or place |
methamphetamine waste onto or into any land, water, or well of |
any type so that the waste has the potential to enter the |
environment, be emitted into the air, or be discharged into the |
soil or any waters, including groundwater.
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"Emergency response" means the act of collecting evidence, |
securing a methamphetamine laboratory site, methamphetamine |
waste site or other methamphetamine-related site and cleaning |
up the site, whether these actions are performed by public |
entities or private contractors paid by public entities.
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"Emergency service provider" means a local, State, or |
federal peace officer, firefighter, emergency medical |
technician-ambulance, emergency
medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, or other medical or |
first aid personnel rendering aid, or any agent or designee of |
the foregoing.
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"Finished methamphetamine" means methamphetamine in a form |
commonly used for personal consumption. |
"Firearm" has the meaning provided in Section 1.1 of the |
Firearm Owners Identification Card Act.
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"Manufacture" means to produce, prepare, compound, |
convert, process, synthesize, concentrate, purify, separate, |
extract, or package any methamphetamine, methamphetamine |
precursor, methamphetamine manufacturing catalyst, |
methamphetamine manufacturing reagent, methamphetamine |
manufacturing solvent, or any substance containing any of the |
foregoing.
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"Methamphetamine" means the chemical methamphetamine (a |
Schedule II controlled substance under the Illinois Controlled |
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Substances Act) or any salt, optical isomer, salt of optical |
isomer, or analog thereof, with the exception of |
3,4-Methylenedioxymethamphetamine (MDMA) or any other |
scheduled substance with a separate listing under the Illinois |
Controlled Substances Act. |
"Methamphetamine manufacturing catalyst" means any |
substance that has been used, is being used, or is intended to |
be used to activate, accelerate, extend, or improve a chemical |
reaction involved in the manufacture of methamphetamine.
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"Methamphetamine manufacturing environment" means a |
structure or vehicle in which:
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(1) methamphetamine is being or has been manufactured;
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(2) chemicals that are being used, have been used, or |
are intended to be used to manufacture methamphetamine are |
stored;
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(3) methamphetamine manufacturing materials that have |
been used to manufacture methamphetamine are stored; or
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(4) methamphetamine manufacturing waste is stored.
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"Methamphetamine manufacturing material" means any |
methamphetamine precursor, substance containing any |
methamphetamine precursor, methamphetamine manufacturing |
catalyst, substance containing any methamphetamine |
manufacturing catalyst, methamphetamine manufacturing reagent, |
substance containing any methamphetamine manufacturing |
reagent, methamphetamine manufacturing solvent, substance |
containing any methamphetamine manufacturing solvent, or any |
other chemical, substance, ingredient, equipment, apparatus, |
or item that is being used, has been used, or is intended to be |
used in the manufacture of methamphetamine.
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"Methamphetamine manufacturing reagent" means any |
substance other than a methamphetamine manufacturing catalyst |
that has been used, is being used, or is intended to be used to |
react with and chemically alter any methamphetamine precursor. |
"Methamphetamine manufacturing solvent" means any |
substance that has been used, is being used, or is intended to |
be used as a medium in which any methamphetamine precursor, |
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methamphetamine manufacturing catalyst, methamphetamine |
manufacturing reagent, or any substance containing any of the |
foregoing is dissolved, diluted, or washed during any part of |
the methamphetamine manufacturing process.
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"Methamphetamine manufacturing waste" means any chemical, |
substance, ingredient, equipment, apparatus, or item that is |
left over from, results from, or is produced by the process of |
manufacturing methamphetamine, other than finished |
methamphetamine.
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"Methamphetamine precursor" means ephedrine, |
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, |
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical |
isomer, or salt of an optical isomer of any of these chemicals.
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"Multi-unit dwelling" means a unified structure used or |
intended for use as a habitation, home, or residence that |
contains 2 or more condominiums, apartments, hotel rooms, motel |
rooms, or other living units.
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"Package" means an item marked for retail sale that is not |
designed to be further broken down or subdivided for the |
purpose of retail sale.
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"Participate" or "participation" in the manufacture of |
methamphetamine means to produce, prepare, compound, convert, |
process, synthesize, concentrate, purify, separate, extract, |
or package any methamphetamine, methamphetamine precursor, |
methamphetamine manufacturing catalyst, methamphetamine |
manufacturing reagent, methamphetamine manufacturing solvent, |
or any substance containing any of the foregoing, or to assist |
in any of these actions, or to attempt to take any of these |
actions, regardless of whether this action or these actions |
result in the production of finished methamphetamine.
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"Person with a disability" means a person who suffers from |
a permanent physical or mental impairment resulting from |
disease, injury, functional disorder, or congenital condition |
which renders the person incapable of adequately providing for |
his or her own health and personal care.
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"Procure" means to purchase, steal, gather, or otherwise |
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obtain, by legal or illegal means, or to cause another to take |
such action.
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"Second or subsequent offense" means an offense under this |
Act committed by an offender who previously committed an |
offense under this Act, the Illinois Controlled Substances Act, |
the Cannabis Control Act, or another Act of this State, another |
state, or the United States relating to methamphetamine, |
cannabis, or any other controlled substance.
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"Standard dosage form", as used in relation to any |
methamphetamine precursor, means that the methamphetamine |
precursor is contained in a pill, tablet, capsule, caplet, gel |
cap, or liquid cap that has been manufactured by a lawful |
entity and contains a standard quantity of methamphetamine |
precursor.
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"Unauthorized container", as used in relation to anhydrous |
ammonia, means any container that is not designed for the |
specific and sole purpose of holding, storing, transporting, or |
applying anhydrous ammonia. "Unauthorized container" includes, |
but is not limited to, any propane tank, fire extinguisher, |
oxygen cylinder, gasoline can, food or beverage cooler, or |
compressed gas cylinder used in dispensing fountain drinks. |
"Unauthorized container" does not encompass anhydrous ammonia |
manufacturing plants, refrigeration systems
where anhydrous |
ammonia is used solely as a refrigerant, anhydrous ammonia |
transportation pipelines, anhydrous ammonia tankers, or |
anhydrous ammonia barges.
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Section 15. Participation in methamphetamine |
manufacturing. |
(a) Participation in methamphetamine manufacturing.
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(1) It is unlawful to participate in the manufacture of |
methamphetamine with the intent that methamphetamine or a |
substance containing methamphetamine be produced.
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(2) A person who violates paragraph (1) of this |
subsection (a) is subject to the following penalties:
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(A) A person who participates in the manufacture of |
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less than 15 grams of methamphetamine or a substance |
containing methamphetamine is guilty of a Class 1 |
felony.
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(B) A person who participates in the manufacture of |
15 or more grams but less than 100 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 6 years and |
not more than 30 years, and subject to a fine not to |
exceed $100,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(C) A person who participates in the manufacture of |
100 or more grams but less than 400 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 9 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(D) A person who participates in the manufacture of |
400 or more grams but less than 900 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 12 years and |
not more than 50 years, and subject to a fine not to |
exceed $300,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(E) A person who participates in the manufacture of |
900 grams or more of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 15 years and not more than 60 years, and subject |
to a fine not to exceed $400,000 or the street value of |
the methamphetamine, whichever is greater.
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(b) Aggravated participation in methamphetamine |
manufacturing.
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(1) It is unlawful to engage in aggravated |
participation in the manufacture of methamphetamine. A |
person engages in aggravated participation in the |
manufacture of methamphetamine when the person violates |
paragraph (1) of subsection (a) and:
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(A) the person knowingly does so in a multi-unit |
dwelling;
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(B) the person knowingly does so in a structure or |
vehicle where a child under the age of 18, a person |
with a disability, or a person 60 years of age or older |
who is incapable of adequately providing for his or her |
own health and personal care resides, is present, or is |
endangered by the manufacture of methamphetamine;
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(C) the person does so in a structure or vehicle |
where a woman the person knows to be pregnant |
(including but not limited to the person herself) |
resides, is present, or is endangered by the |
methamphetamine manufacture;
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(D) the person knowingly does so in a structure or |
vehicle protected by one or more firearms, explosive |
devices, booby traps, alarm systems, surveillance |
systems, guard dogs, or dangerous animals;
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(E) the methamphetamine manufacturing in which the |
person participates is a contributing cause of the |
death, serious bodily injury, disability, or |
disfigurement of another person, including but not |
limited to an emergency service provider;
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(F) the methamphetamine manufacturing in which the |
person participates is a contributing cause of a fire |
or explosion that damages property belonging to |
another person; or
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(G) the person knowingly organizes, directs, or |
finances the methamphetamine manufacturing or |
activities carried out in support of the |
methamphetamine manufacturing.
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(2) A person who violates paragraph (1) of this |
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subsection (b) is subject to the following penalties:
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(A) A person who participates in the manufacture of |
less than 15 grams of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 6 years and not more than 30 years, and subject to |
a fine not to exceed $100,000 or the street value of |
the methamphetamine, whichever is greater.
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(B) A person who participates in the manufacture of |
15 or more grams but less than 100 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 9 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine, whichever is greater.
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(C) A person who participates in the manufacture of |
100 or more grams but less than 400 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 12 years and |
not more than 50 years, and subject to a fine not to |
exceed $300,000 or the street value of the |
methamphetamine, whichever is greater.
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(D) A person who participates in the manufacture of |
400 grams or more of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 15 years and not more than 60 years, and subject |
to a fine not to exceed $400,000 or the street value of |
the methamphetamine, whichever is greater.
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Section 20. Methamphetamine precursor. |
(a) Methamphetamine precursor or substance containing any |
methamphetamine precursor in standard dosage form. |
(1) It is unlawful to possess, procure, transport, |
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store, or deliver any methamphetamine precursor or |
substance containing any methamphetamine precursor in |
standard dosage form with the intent that it be used to |
manufacture methamphetamine or a substance containing |
methamphetamine.
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(2) A person who violates paragraph (1) of this |
subsection (a) is subject to the following penalties:
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(A) A person who possesses, procures, transports, |
stores, or delivers less than 15 grams of |
methamphetamine precursor or substance containing any |
methamphetamine precursor is guilty of a Class 2 |
felony.
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(B) A person who possesses, procures, transports, |
stores, or delivers 15 or more grams but less than 30 |
grams of methamphetamine precursor or substance |
containing any methamphetamine precursor is guilty of |
a Class 1 felony.
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(C) A person who possesses, procures, transports, |
stores, or delivers 30 or more grams but less than 150 |
grams of methamphetamine precursor or substance |
containing any methamphetamine precursor is guilty of |
a Class X felony, subject to a term of imprisonment of |
not less than 6 years and not more than 30 years, and |
subject to a fine not to exceed $100,000.
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(D) A person who possesses, procures, transports, |
stores, or delivers 150 or more grams but less than 500 |
grams of methamphetamine precursor or substance |
containing any methamphetamine precursor is guilty of |
a Class X felony, subject to a term of imprisonment of |
not less than 8 years and not more than 40 years, and |
subject to a fine not to exceed $200,000.
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(E) A person who possesses, procures, transports, |
stores, or delivers 500 or more grams of |
methamphetamine precursor or substance containing any |
methamphetamine precursor is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
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than 10 years and not more than 50 years, and subject |
to a fine not to exceed $300,000.
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(b) Methamphetamine precursor or substance containing any |
methamphetamine precursor in any form other than a standard |
dosage form. |
(1) It is unlawful to possess, procure, transport, |
store, or deliver any methamphetamine precursor or |
substance containing any methamphetamine precursor in any |
form other than a standard dosage form with the intent that |
it be used to manufacture methamphetamine or a substance |
containing methamphetamine.
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(2) A person who violates paragraph (1) of this |
subsection (b) is subject to the following penalties:
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(A) A person who violates paragraph (1) of this |
subsection (b) with the intent that less than 10 grams |
of methamphetamine or a substance containing |
methamphetamine be manufactured is guilty of a Class 2 |
felony.
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(B) A person who violates paragraph (1) of this |
subsection (b) with the intent that 10 or more grams |
but less than 20 grams of methamphetamine or a |
substance containing methamphetamine be manufactured |
is guilty of a Class 1 felony.
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(C) A person who violates paragraph (1) of this |
subsection (b) with the intent that 20 or more grams |
but less than 100 grams of methamphetamine or a |
substance containing methamphetamine be manufactured |
is guilty of a Class X felony, subject to a term of |
imprisonment of not less than 6 years and not more than |
30 years, and subject to a fine not to exceed $100,000.
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(D) A person who violates paragraph (1) of this |
subsection (b) with the intent that 100 or more grams |
but less than 350 grams of methamphetamine or a |
substance containing methamphetamine be manufactured |
is guilty of a Class X felony, subject to a term of |
imprisonment of not less than 8 years and not more than |
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40 years, and subject to a fine not to exceed $200,000.
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(E) A person who violates paragraph (1) of this |
subsection (b) with the intent that 350 or more grams |
of methamphetamine or a substance containing |
methamphetamine be manufactured is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 10 years and not more than 50 years, and subject |
to a fine not to exceed $300,000.
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(c) Rule of evidence. The presence of any methamphetamine |
precursor in a sealed, factory imprinted container, including, |
but not limited to, a bottle, box, package, or blister pack, at |
the time of seizure by law enforcement, is prima facie evidence |
that the methamphetamine precursor located within the |
container is in fact the material so described and in the |
amount listed on the container. The factory imprinted container |
is admissible for a violation of this Act for purposes of |
proving the contents of the container.
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Section 25. Anhydrous ammonia. |
(a) Possession, procurement, transportation, storage, or |
delivery of anhydrous ammonia with the intent that it be used |
to manufacture methamphetamine.
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(1) It is unlawful to engage in the possession, |
procurement, transportation, storage, or delivery of |
anhydrous ammonia or to attempt to engage in any of these |
activities or to assist another in engaging in any of these |
activities with the intent that the anhydrous ammonia be |
used to manufacture methamphetamine.
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(2) A person who violates paragraph (1) of this |
subsection
(a) is guilty of a Class 1 felony.
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(b) Aggravated possession, procurement, transportation, |
storage, or delivery of anhydrous ammonia with the intent that |
it be used to manufacture methamphetamine.
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(1) It is unlawful to engage in the aggravated |
possession, procurement, transportation, storage, or |
delivery of anhydrous ammonia with the intent that it be |
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used to manufacture methamphetamine. A person commits this |
offense when the person engages in the possession, |
procurement, transportation, storage, or delivery of |
anhydrous ammonia or attempts to engage in any of these |
activities or assists another in engaging in any of these |
activities with the intent that the anhydrous ammonia be |
used to manufacture methamphetamine and:
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(A) the person knowingly does so in a multi-unit |
dwelling;
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(B) the person knowingly does so in a structure or |
vehicle where a child under the age of 18, or a person |
with a disability, or a person who is 60 years of age |
or older who is incapable of adequately providing for |
his or her own health and personal care resides, is |
present, or is endangered by the anhydrous ammonia;
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(C) the person's possession, procurement, |
transportation, storage, or delivery of anhydrous |
ammonia is a contributing cause of the death, serious |
bodily injury, disability, or disfigurement of another |
person; or
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(D) the person's possession, procurement, |
transportation, storage, or delivery of anhydrous |
ammonia is a contributing cause of a fire or explosion |
that damages property belonging to another person.
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(2) A person who violates paragraph (1) of this |
subsection (b) is guilty of a Class X felony, subject to a |
term of imprisonment of not less than 6 years and not more |
than 30 years, and subject to a fine not to exceed |
$100,000.
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(c) Possession, procurement, transportation, storage, or |
delivery of anhydrous ammonia in an unauthorized container.
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(1) It is unlawful to possess, procure, transport, |
store, or deliver anhydrous ammonia in an unauthorized |
container.
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(2) A person who violates paragraph (1) of this |
subsection (c) is guilty of a Class 3 felony.
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(3) Affirmative defense. It is an affirmative defense |
that the person charged possessed, procured, transported, |
stored, or delivered anhydrous ammonia in a manner that |
substantially complied with the rules governing anhydrous |
ammonia equipment found in 8 Illinois Administrative Code |
Section 215, in 92 Illinois Administrative Code Sections |
171 through 180, or in any provision of the Code of Federal |
Regulations incorporated by reference into these Sections |
of the Illinois Administrative Code.
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(d) Tampering with anhydrous ammonia equipment.
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(1) It is unlawful to tamper with anhydrous ammonia |
equipment. A person tampers with anhydrous ammonia |
equipment when, without authorization from the lawful |
owner, the person:
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(A) removes or attempts to remove anhydrous |
ammonia from the anhydrous ammonia equipment used by |
the lawful owner;
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(B) damages or attempts to damage the anhydrous |
ammonia equipment used by the lawful owner; or
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(C) vents or attempts to vent anhydrous ammonia
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into the environment.
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(2) A person who violates paragraph (1) of this |
subsection (d) is guilty of a Class 3 felony.
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Section 30. Methamphetamine manufacturing material. |
(a) It is unlawful to engage in the possession, |
procurement, transportation, storage, or delivery of any |
methamphetamine manufacturing material, other than a |
methamphetamine precursor, substance containing a |
methamphetamine precursor, or anhydrous ammonia, with the |
intent that it be used to manufacture methamphetamine.
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(b) A person who violates subsection (a) of this Section is |
guilty of a Class 2 felony.
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Section 35. Use of property. |
(a) It is unlawful for a person knowingly to use or allow |
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the use of a vehicle, a structure, real property, or personal |
property within the person's control to help bring about a |
violation of this Act.
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(b) A person who violates subsection (a) of this Section is |
guilty of a Class 2 felony.
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Section 40. Protection of methamphetamine manufacturing. |
(a) It is unlawful to engage in the protection of |
methamphetamine manufacturing. A person engages in the |
protection of methamphetamine manufacturing when:
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(1) the person knows that others have been |
participating, are participating, or will be participating |
in the manufacture of methamphetamine; and
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(2) with the intent to help prevent detection of or |
interference with the methamphetamine manufacturing, the |
person serves as a lookout for or guard of the |
methamphetamine manufacturing.
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(b) A person who violates subsection (a) of this Section is |
guilty of a Class 2 felony.
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Section 45. Methamphetamine manufacturing waste. |
(a) It is unlawful to knowingly burn, place in a trash |
receptacle, or dispose of methamphetamine manufacturing waste.
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(b) A person who violates subsection (a) of this Section is |
guilty of a Class 2 felony.
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Section 50. Methamphetamine-related child endangerment. |
(a) Methamphetamine-related child endangerment.
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(1) It is unlawful to engage in |
methamphetamine-related child endangerment. A person |
engages in methamphetamine-related child endangerment when |
the person knowingly endangers the life and health of a |
child by exposing or allowing exposure of the child to a |
methamphetamine manufacturing environment.
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(2) A person who violates paragraph (1) of this |
subsection (a) is guilty of a Class 2 felony.
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(b) Aggravated methamphetamine-related child endangerment.
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(1) It is unlawful to engage in aggravated |
methamphetamine-related child endangerment. A person |
engages in aggravated methamphetamine-related child |
endangerment when the person violates paragraph (1) of this |
subsection (a) of this Section and the child experiences |
death, great bodily harm, disability, or disfigurement as a |
result of the methamphetamine-related child endangerment.
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(2) A person who violates paragraph (1) of this |
subsection (b) is guilty of a Class X felony, subject to a |
term of imprisonment of not less than 6 years and not more |
than 30 years, and subject to a fine not to exceed |
$100,000.
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Section 55. Methamphetamine delivery. |
(a) Delivery or possession with intent to deliver |
methamphetamine or a substance containing methamphetamine.
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(1) It is unlawful knowingly to engage in the delivery |
or possession with intent to deliver methamphetamine or a |
substance containing methamphetamine.
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(2) A person who violates paragraph (1) of this |
subsection (a) is subject to the following penalties:
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(A) A person who delivers or possesses with intent |
to deliver less than 5 grams of methamphetamine or a |
substance containing methamphetamine is guilty of a |
Class 2 felony.
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(B) A person who delivers or possesses with intent |
to deliver 5 or more grams but less than 15 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class 1 felony.
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(C) A person who delivers or possesses with intent |
to deliver 15 or more grams but less than 100 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 6 years and |
not more than 30 years, and subject to a fine not to |
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exceed $100,000 or the street value of the |
methamphetamine, whichever is greater.
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(D) A person who delivers or possesses with intent |
to deliver 100 or more grams but less than 400 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 9 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine, whichever is greater.
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(E) A person who delivers or possesses with intent |
to deliver 400 or more grams but less than 900 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 12 years and |
not more than 50 years, and subject to a fine not to |
exceed $300,000 or the street value of the |
methamphetamine, whichever is greater.
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(F) A person who delivers or possesses with intent |
to deliver 900 or more grams of methamphetamine or a |
substance containing methamphetamine is guilty of a |
Class X felony, subject to a term of imprisonment of |
not less than 15 years and not more than 60 years, and |
subject to a fine not to exceed $400,000 or the street |
value of the methamphetamine, whichever is greater.
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(b) Aggravated delivery or possession with intent to |
deliver methamphetamine or a substance containing |
methamphetamine.
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(1) It is unlawful to engage in the aggravated delivery |
or possession with intent to deliver methamphetamine or a |
substance containing methamphetamine. A person engages in |
the aggravated delivery or possession with intent to |
deliver methamphetamine or a substance containing |
methamphetamine when the person violates paragraph (1) of |
subsection (a) of this Section and:
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(A) the person is at least 18 years of age and |
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knowingly delivers or possesses with intent to deliver |
the methamphetamine or substance containing |
methamphetamine to a person under 18 years of age;
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(B) the person is at least 18 years of age and |
knowingly uses, engages, employs, or causes another |
person to use, engage, or employ a person under 18 |
years of age to deliver the methamphetamine or |
substance containing methamphetamine;
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(C) the person knowingly delivers or possesses |
with intent to deliver the methamphetamine or |
substance containing methamphetamine in any structure |
or vehicle protected by one or more firearms, explosive |
devices, booby traps, alarm systems, surveillance |
systems, guard dogs, or dangerous animals;
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(D) the person knowingly delivers or possesses |
with intent to deliver the methamphetamine or |
substance containing methamphetamine in any school, on |
any real property comprising any school, or in any |
conveyance owned, leased, or contracted by a school to |
transport students to or from school or a |
school-related activity;
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(E) the person delivers or causes another person to |
deliver the methamphetamine or substance containing |
methamphetamine to a woman that the person knows to be |
pregnant;
or |
(F) the person knowingly brings or causes another |
to bring the methamphetamine or substance containing |
methamphetamine into Illinois from a location outside |
of Illinois. |
(2) A person who violates paragraph (1) of this |
subsection (b) is subject to the following penalties:
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(A) A person who delivers or possesses with intent |
to deliver less than 5 grams of methamphetamine or a |
substance containing methamphetamine is guilty of a |
Class 1 felony.
|
(B) A person who delivers or possesses with intent |
|
to deliver 5 or more grams but less than 15 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 6 years and |
not more than 30 years, and subject to a fine not to |
exceed $100,000 or the street value of the |
methamphetamine, whichever is greater.
|
(C) A person who delivers or possesses with intent |
to deliver 15 or more grams but less than 100 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 8 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine, whichever is greater.
|
(D) A person who delivers or possesses with intent |
to deliver 100 or more grams of methamphetamine or a |
substance containing methamphetamine is guilty of a |
Class X felony, subject to a term of imprisonment of |
not less than 10 years and not more than 50 years, and |
subject to a fine not to exceed $300,000 or the street |
value of the methamphetamine, whichever is greater.
|
Section 60. Methamphetamine possession. |
(a) It is unlawful knowingly to possess methamphetamine or |
a substance containing methamphetamine.
|
(b) A person who violates subsection (a) is subject to the |
following penalties:
|
(1) A person who possesses less than 5 grams of |
methamphetamine or a substance containing methamphetamine |
is guilty of a Class 3 felony.
|
(2) A person who possesses 5 or more grams but less |
than 15 grams of methamphetamine or a substance containing |
methamphetamine is guilty of a Class 2 felony.
|
(3) A person who possesses 15 or more grams but less |
than 100 grams of methamphetamine or a substance containing |
|
methamphetamine is guilty of a Class 1 felony.
|
(4) A person who possesses 100 or more grams but less |
than 400 grams of methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject to a |
term of imprisonment of not less than 6 years and not more |
than 30 years, and subject to a fine not to exceed
|
$100,000.
|
(5) A person who possesses 400 or more grams but less |
than 900 grams of methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject to a |
term of imprisonment of not less than 8 years and not more |
than 40 years, and subject to a fine not to exceed
|
$200,000.
|
(6) A person who possesses 900 or more grams of |
methamphetamine or a substance containing methamphetamine |
is guilty of a Class X felony, subject to a term of |
imprisonment of not less than 10 years and not more than 50 |
years, and subject to a fine not to exceed $300,000.
|
Section 65. Methamphetamine conspiracy. |
(a) It is unlawful to engage in a methamphetamine |
conspiracy. A person engages in a methamphetamine conspiracy |
when:
|
(1) the person intends to violate one or more |
provisions of this Act;
|
(2) the person agrees with one or more persons to |
violate one or more provisions of this Act; and
|
(3) the person or any party to the agreement commits an |
act in furtherance of the agreement.
|
(b) A person convicted of engaging in a methamphetamine |
conspiracy shall face the penalty for the offense that is the |
object of the conspiracy and may be held accountable for the |
cumulative weight of any methamphetamine, substance containing |
methamphetamine, methamphetamine precursor, or substance |
containing methamphetamine precursor attributable to the |
conspiracy for the duration of the conspiracy.
|
|
(c) It is not a defense to a methamphetamine conspiracy |
charge that the person or persons with whom the person charged |
is alleged to have conspired have not been prosecuted or |
convicted, have been acquitted, have been convicted of a |
different offense, are not amenable to
justice, or lacked the |
capacity to commit the offense.
|
(d) When any person is convicted under this Section of |
engaging in a methamphetamine conspiracy, the following shall |
be subject to forfeiture to the State of Illinois: the receipts |
the person obtained in the conspiracy and any of the person's |
interests in, claims against, receipts from, or property or |
rights of any kind affording a source of influence over, the |
conspiracy. The circuit court may enter such injunctions, |
restraining orders, directions, or prohibitions, or take such |
other actions, including the acceptance of satisfactory |
performance bonds, in connection with any property, claim, |
receipt, right, or other interest subject to forfeiture under |
this Section, as it deems proper.
|
Section 70. Probation. |
(a) Whenever any person who has not previously been |
convicted of, or placed on probation or court supervision for |
any offense under this Act, the Illinois Controlled Substances |
Act, the Cannabis Control Act, or any law of the United States |
or of any state relating to cannabis or controlled substances, |
pleads guilty to or is found guilty of possession of less than |
15 grams of methamphetamine under paragraph (1) or (2) of |
subsection (b) of Section 60 of this Act, the court, without |
entering a judgment and with the consent of the person, may |
sentence him or her to probation.
|
(b) When a person is placed on probation, the court shall |
enter an order specifying a period of probation of 24 months |
and shall defer further proceedings in the case until the |
conclusion of the period or until the filing of a petition |
alleging violation of a term or condition of probation.
|
(c) The conditions of probation shall be that the person: |
|
(1) not violate any criminal statute of any |
jurisdiction; |
(2) refrain from possessing a firearm or other |
dangerous weapon; |
(3) submit to periodic drug testing at a time and in a |
manner as ordered by the court, but no less than 3 times |
during the period of the probation, with the cost of the |
testing to be paid by the probationer; and |
(4) perform no less than 30 hours of community service, |
if community service is available in the jurisdiction and |
is funded and approved by the county board.
|
(d) The court may, in addition to other conditions, require |
that the person take one or more of the following actions:
|
(1) make a report to and appear in person before or |
participate with the court or such courts, person, or |
social service agency as directed by the court in the order |
of probation;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical or psychiatric treatment; or |
treatment or rehabilitation approved by the Illinois |
Department of Human Services;
|
(5) attend or reside in a facility established for the |
instruction or residence of defendants on probation;
|
(6) support his or her dependents;
|
(7) refrain from having in his or her body the presence |
of any illicit drug prohibited by this Act, the Cannabis |
Control Act, or the Illinois Controlled Substances Act, |
unless prescribed by a physician, and submit samples of his |
or her blood or urine or both for tests to determine the |
presence of any illicit drug; or
|
(8) if a minor:
|
(i) reside with his or her parents or in a foster |
home;
|
(ii) attend school;
|
|
(iii) attend a non-residential program for youth; |
or
|
(iv) contribute to his or her own support at home |
or in a foster home.
|
(e) Upon violation of a term or condition of probation, the |
court may enter a judgment on its original finding of guilt and |
proceed as otherwise provided.
|
(f) Upon fulfillment of the terms and conditions of |
probation, the court shall discharge the person and dismiss the |
proceedings against the person.
|
(g) A disposition of probation is considered to be a |
conviction for the purposes of imposing the conditions of |
probation and for appeal, however, discharge and dismissal |
under this Section is not a conviction for purposes of this Act |
or for purposes of disqualifications or disabilities imposed by |
law upon conviction of a crime.
|
(h) There may be only one discharge and dismissal under |
this Section, Section 410 of the Illinois Controlled Substances |
Act, or Section 10 of the Cannabis Control Act with respect to |
any person.
|
(i) If a person is convicted of an offense under this Act, |
the Cannabis Control Act, or the Illinois Controlled Substances |
Act within 5 years subsequent to a discharge and dismissal |
under this Section, the discharge and dismissal under this |
Section are admissible in the sentencing proceeding for that |
conviction as evidence in aggravation.
|
Section 75. Fines. |
(a) Whenever any person pleads guilty to, is found guilty |
of, or is placed on supervision for an offense under this Act, |
a fine may be levied in addition to any other penalty imposed |
by the court.
|
(b) In determining whether to impose a fine under this |
Section and the amount, time for payment, and method of payment |
of any fine so imposed, the court shall:
|
(1) consider the defendant's income, regardless of
|
|
source, the defendant's earning capacity and the |
defendant's financial resources, as well as the nature of |
the burden the fine will impose on the defendant and any |
person legally or financially dependent upon the |
defendant;
|
(2) consider the proof received at trial, or as a
|
result of a plea of guilty, concerning the full street |
value of the controlled substances seized and any profits |
or other proceeds derived by the defendant from the |
violation of this Act;
|
(3) take into account any other pertinent equitable
|
considerations; and
|
(4) give primary consideration to the need to
deprive |
the defendant of illegally obtained profits or other |
proceeds from the offense.
|
For the purpose of paragraph (2) of this subsection (b), |
"street value" shall be determined by the court on the basis of |
testimony of law enforcement personnel and the defendant as to |
the amount seized and such testimony as may be required by the |
court as to the current street value of the controlled |
substances.
|
(c) As a condition of a fine, the court may require that |
payment be made in specified installments or within a specified |
period of time, but the period shall not be greater than the |
maximum applicable term of probation or imprisonment, |
whichever is greater. Unless otherwise specified, payment of a |
fine shall be due immediately.
|
(d) If a fine for a violation of this Act is imposed on an |
organization, it is the duty of each individual authorized to |
make disbursements of the assets of the organization to pay the |
fine from the assets of the organization.
|
(e) A defendant who has been sentenced to pay a fine, and |
who has paid part but not all of the fine, may petition the |
court for an extension of the time for payment or modification |
of the method of payment.
The court may grant the petition if |
it finds that: |
|
(1) the circumstances that warranted payment by the
|
time or method specified no longer exist; or
|
(2) it is otherwise unjust to require payment of
the |
fine by the time or method specified.
|
Section 80. Assessment. |
(a) Every person convicted of a violation of this Act, and |
every person placed on probation, conditional discharge, |
supervision, or probation under this Act, shall be assessed for |
each offense a sum fixed at:
|
(1) $3,000 for a Class X felony;
|
(2) $2,000 for a Class 1 felony;
|
(3) $1,000 for a Class 2 felony;
|
(4) $500 for a Class 3 or Class 4 felony. |
(b) The assessment under this Section is in addition to and |
not in lieu of any fines, restitution, costs, forfeitures, or |
other assessments authorized or required by law.
|
(c) As a condition of the assessment, the court may require |
that payment be made in specified installments or within a |
specified period of time. If the assessment is not paid within |
the period of probation, conditional discharge, or supervision |
to which the defendant was originally sentenced, the court may |
extend the period of probation, conditional discharge, or |
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
Code of Corrections, as applicable, until the assessment is |
paid or until successful completion of public or community |
service set forth in subsection (e) or the successful |
completion of the substance abuse intervention or treatment |
program set forth in subsection (f). If a term of probation, |
conditional discharge, or supervision is not imposed, the |
assessment shall be payable upon judgment or as directed by the |
court.
|
(d) If an assessment for a violation of this Act is imposed |
on an organization, it is the duty of each individual |
authorized to make disbursements of the assets of the |
organization to pay the assessment from assets of the |
|
organization.
|
(e) A defendant who has been ordered to pay an assessment |
may petition the court to convert all or part of the assessment |
into court-approved public or community service. One hour of |
public or community service shall be equivalent to $4 of |
assessment. The performance of this public or community service |
shall be a condition of the probation, conditional discharge, |
or supervision and shall be in addition to the performance of |
any other period of public or community service ordered by the |
court or required by law.
|
(f) The court may suspend the collection of the assessment |
imposed under this Section if the defendant agrees to enter a |
substance abuse intervention or treatment program approved by |
the court and the defendant agrees to pay for all or some |
portion of the costs associated with the intervention or |
treatment program. In this case, the collection of the |
assessment imposed under this Section shall be suspended during |
the defendant's participation in the approved intervention or |
treatment program. Upon successful completion of the program, |
the defendant may apply to the court to reduce the assessment |
imposed under this Section by any amount actually paid by the |
defendant for his or her participation in the program. The |
court shall not reduce the penalty under this subsection unless |
the defendant establishes to the satisfaction of the court that |
he or she has successfully completed the intervention or |
treatment program. If the defendant's participation is for any |
reason terminated before his or her successful completion of |
the intervention or treatment program, collection of the entire |
assessment imposed under this Section shall be enforced. |
Nothing in this Section shall be deemed to affect or suspend |
any other fines, restitution costs, forfeitures, or |
assessments imposed under this or any other Act.
|
(g) The court shall not impose more than one assessment per |
complaint, indictment, or information. If the person is |
convicted of more than one offense in a complaint, indictment, |
or information, the assessment shall be based on the highest |
|
class offense for which the person is convicted.
|
(h) In counties with a population under 3,000,000, all |
moneys collected under this Section shall be forwarded by the |
clerk of the circuit court to the State Treasurer for deposit |
in the Drug Treatment Fund. The Department of Human Services |
may make grants to persons licensed under Section 15-10 of the |
Alcoholism and Other Drug Abuse and Dependency Act or to |
municipalities or counties from funds appropriated to the |
Department from the Drug Treatment Fund for the treatment of |
pregnant women who are addicted to alcohol, cannabis or |
controlled substances and for the needed care of minor, |
unemancipated children of women undergoing residential drug |
treatment. If the Department of Human Services grants funds to |
a municipality or a county that the Department determines is |
not experiencing a problem with pregnant women addicted to |
alcohol, cannabis or controlled substances, or with care for |
minor, unemancipated children of women undergoing residential |
drug treatment, or intervention, the funds shall be used for |
the treatment of any person addicted to alcohol, cannabis, or |
controlled substances. The Department may adopt such rules as |
it deems appropriate for the administration of such grants.
|
(i) In counties with a population of 3,000,000 or more, all |
moneys collected under this Section shall be forwarded to the |
County Treasurer for deposit into the County Health Fund. The |
County Treasurer shall, no later than the 15th day of each |
month, forward to the State Treasurer 30 percent of all moneys |
collected under this Act and received into the County Health |
Fund since the prior remittance to the State Treasurer. Funds |
retained by the County shall be used for community-based |
treatment of pregnant women who are addicted to alcohol, |
cannabis, or controlled substances or for the needed care of |
minor, unemancipated children of these women. Funds forwarded |
to the State Treasurer shall be deposited into the State Drug |
Treatment Fund maintained by the State Treasurer from which the |
Department of Human Services may make grants to persons |
licensed under Section 15-10 of the Alcoholism and Other Drug |
|
Abuse and Dependency Act or to municipalities or counties from |
funds appropriated to the Department from the Drug Treatment |
Fund, provided that the moneys collected from each county be |
returned proportionately to the counties through grants to |
licensees located within the county from which the assessment |
was received and moneys in the State Drug Treatment Fund shall |
not supplant other local, State or federal funds. If the |
Department of Human Services grants funds to a municipality or |
county that the Department determines is not experiencing a |
problem with pregnant women addicted to alcohol, cannabis or |
controlled substances, or with care for minor, unemancipated |
children or women undergoing residential drug treatment, the |
funds shall be used for the treatment of any person addicted to |
alcohol, cannabis or controlled substances. The Department may |
adopt such rules as it deems appropriate for the administration |
of such grants.
|
Section 85. Forfeiture. |
(a) The following are subject to forfeiture:
|
(1) all substances containing methamphetamine which |
have
been produced, manufactured, delivered, or possessed |
in violation of this Act;
|
(2) all methamphetamine manufacturing materials which |
have
been produced, delivered, or possessed in connection |
with any substance containing methamphetamine in violation |
of this Act;
|
(3) all conveyances, including aircraft, vehicles or
|
vessels, which are used, or intended for use, to transport, |
or in any manner to facilitate the transportation, sale, |
receipt, possession, or concealment of property described |
in paragraph (1) or (2) that constitutes a felony violation |
of the Act, but:
|
(i) no conveyance used by any person as a common
|
carrier in the transaction of business as a common |
carrier is subject to forfeiture under this Section |
unless it appears that the owner or other person in |
|
charge of the conveyance is a consenting party or privy |
to a violation of this Act;
|
(ii) no conveyance is subject to forfeiture
under |
this Section by reason of any act or omission which the |
owner proves to have been committed or omitted without |
his or her knowledge or consent;
|
(iii) a forfeiture of a conveyance encumbered by
a |
bona fide security interest is subject to the interest |
of the secured party if he or she neither had knowledge |
of nor consented to the act or omission;
|
(4) all money, things of value, books, records, and
|
research products and materials including formulas, |
microfilm, tapes, and data which are used, or intended for |
use in a felony violation of this Act;
|
(5) everything of value furnished or intended to be
|
furnished by any person in exchange for a substance in |
violation of this Act, all proceeds traceable to such an |
exchange, and all moneys, negotiable instruments, and |
securities used, or intended to be used, to commit or in |
any manner to facilitate any felony violation of this Act.
|
(6) all real property, including any right, title, and |
interest (including, but not limited to, any leasehold |
interest or the beneficial interest in a land trust) in the |
whole of any lot or tract of land and any appurtenances or |
improvements, which is used, or intended to be used, in any |
manner or part, to commit, or in any manner to facilitate |
the commission of, any violation or act that constitutes a |
violation of this Act or that is the proceeds of any |
violation or act that constitutes a violation of this Act.
|
(b) Property subject to forfeiture under this Act may be |
seized by the Director or any peace officer upon process or |
seizure warrant issued by any court having jurisdiction over |
the property. Seizure by the Director or any peace officer |
without process may be made:
|
(1) if the property subject to seizure has been the
|
subject of a prior judgment in favor of the State in a |
|
criminal proceeding or in an injunction or forfeiture |
proceeding based upon this Act or the Drug Asset Forfeiture |
Procedure Act;
|
(2) if there is probable cause to believe that the
|
property is directly or indirectly dangerous to health or |
safety;
|
(3) if there is probable cause to believe that the
|
property is subject to forfeiture under this Act and the |
property is seized under circumstances in which a |
warrantless seizure or arrest would be reasonable; or
|
(4) in accordance with the Code of Criminal
Procedure |
of 1963.
|
(c) In the event of seizure pursuant to subsection (b), |
forfeiture proceedings shall be instituted in accordance with |
the Drug Asset Forfeiture Procedure Act.
|
(d) Property taken or detained under this Section is not |
subject to replevin, but is deemed to be in the custody of the |
Director subject only to the order and judgments of the circuit |
court having jurisdiction over the forfeiture proceedings and |
the decisions of the State's Attorney under the Drug Asset |
Forfeiture Procedure Act. When property is seized under this |
Act, the seizing agency shall promptly conduct an inventory of |
the seized property, estimate the property's value, and forward |
a copy of the inventory of seized property and the estimate of |
the property's value to the Director. Upon receiving notice of |
seizure, the Director may:
|
(1) place the property under seal;
|
(2) remove the property to a place designated by him or |
her;
|
(3) keep the property in the possession of the
seizing |
agency;
|
(4) remove the property to a storage area for
|
safekeeping or, if the property is a negotiable instrument |
or money and is not needed for evidentiary purposes, |
deposit it in an interest bearing account;
|
(5) place the property under constructive seizure by
|
|
posting notice of pending forfeiture on it, by giving |
notice of pending forfeiture to its owners and interest |
holders, or by filing notice of pending forfeiture in any |
appropriate public record relating to the property; or
|
(6) provide for another agency or custodian,
including |
an owner, secured party, or lienholder, to take custody of |
the property upon the terms and conditions set by the |
Director.
|
(e) No disposition may be made of property under seal until |
the time for taking an appeal has elapsed or until all appeals |
have been concluded unless a court, upon application therefor, |
orders the sale of perishable substances and the deposit of the |
proceeds of the sale with the court.
|
(f) When property is forfeited under this Act, the Director |
shall sell the property unless the property is required by law |
to be destroyed or is harmful to the public, and shall |
distribute the proceeds of the sale, together with any moneys |
forfeited or seized, in accordance with subsection (g). |
However, upon the application of the seizing agency or |
prosecutor who was responsible for the investigation, arrest or |
arrests and prosecution which lead to the forfeiture, the |
Director may return any item of forfeited property to the |
seizing agency or prosecutor for official use in the |
enforcement of laws relating to methamphetamine, cannabis, or |
controlled substances, if the agency or prosecutor |
demonstrates that the item requested would be useful to the |
agency or prosecutor in their enforcement efforts. When any |
real property returned to the seizing agency is sold by the |
agency or its unit of government, the proceeds of the sale |
shall be delivered to the Director and distributed in |
accordance with subsection (g).
|
(g) All moneys and the sale proceeds of all other property |
forfeited and seized under this Act shall be distributed as |
follows:
|
(1) 65% shall be distributed to the metropolitan
|
enforcement group, local, municipal, county, or State law |
|
enforcement agency or agencies which conducted or |
participated in the investigation resulting in the |
forfeiture. The distribution shall bear a reasonable |
relationship to the degree of direct participation of the |
law enforcement agency in the effort resulting in the |
forfeiture, taking into account the total value of the |
property forfeited and the total law enforcement effort |
with respect to the violation of the law upon which the |
forfeiture is based. Amounts distributed to the agency or |
agencies shall be used for the enforcement of laws |
governing methamphetamine, cannabis, and controlled |
substances, except that amounts distributed to the |
Secretary of State shall be deposited into the Secretary of |
State Evidence Fund to be used as provided in Section 2-115 |
of the Illinois Vehicle Code.
|
(2)(i) 12.5% shall be distributed to the Office of
the |
State's Attorney of the county in which the prosecution |
resulting in the forfeiture was instituted, deposited in a |
special fund in the county treasury and appropriated to the |
State's Attorney for use in the enforcement of laws |
governing methamphetamine, cannabis, and controlled |
substances. In counties with a population over 3,000,000, |
25% shall be distributed to the Office of the State's |
Attorney for use in the enforcement of laws governing |
methamphetamine, cannabis, and controlled substances. If |
the prosecution is undertaken solely by the Attorney |
General, the portion provided hereunder shall be |
distributed to the Attorney General for use in the |
enforcement of laws governing methamphetamine, cannabis, |
and controlled substances.
|
(ii) 12.5% shall be distributed to the Office of
the |
State's Attorneys Appellate Prosecutor and deposited in |
the Narcotics Profit Forfeiture Fund of that Office to be |
used for additional expenses incurred in the |
investigation, prosecution and appeal of cases arising |
under laws governing methamphetamine, cannabis, and |
|
controlled substances. The Office of the State's Attorneys |
Appellate Prosecutor shall not receive distribution from |
cases brought in counties with a population over 3,000,000.
|
(3) 10% shall be retained by the Department of State
|
Police for expenses related to the administration and sale |
of seized and forfeited property.
|
Section 90. Methamphetamine restitution. |
(a) If a person commits a violation of this Act in a manner |
that requires an emergency response, the person shall be |
required to make restitution to all public entities involved in |
the emergency response, to cover the reasonable cost of their
|
participation in the emergency response, including but not |
limited to regular and overtime costs incurred by local law |
enforcement agencies and private contractors paid by the public |
agencies in securing the site. The convicted person shall make |
this restitution in addition to any other fine or penalty |
required by law.
|
(b) Any restitution payments made under this Section shall |
be disbursed equitably by the circuit clerk in the following |
order: |
(1) first, to the local agencies involved in the |
emergency response; |
(2) second, to the State agencies involved in the |
emergency response; and |
(3) third, to the federal agencies involved in the |
emergency response. |
Section 95. Youth Drug Abuse Prevention Fund. |
(a) Twelve and one-half percent of all amounts collected as |
fines pursuant to the provisions of this Article shall be paid |
into the Youth Drug Abuse Prevention Fund created by the |
Controlled Substances Act in the State treasury, to be used by |
the Department for the funding of programs and services for |
drug-abuse treatment, and prevention and education services, |
for juveniles. |
|
(b) Eighty-seven and one-half percent of the proceeds of |
all fines received under the provisions of this Act shall be |
transmitted to and deposited into the State treasury and |
distributed as follows: |
(1) If such seizure was made by a combination of law
|
enforcement personnel representing differing units of |
local government, the court levying the fine shall |
equitably allocate 50% of the fine among these units of |
local government and shall allocate 37.5% to the county |
general corporate fund. If the seizure was made by law |
enforcement personnel representing a unit of local |
government from a municipality where the number of |
inhabitants exceeds 2 million in population, the court |
levying the fine shall allocate 87.5% of the fine to that |
unit of local government. If the seizure was made by a |
combination of law enforcement personnel representing |
differing units of local government and if at least one of |
those units represents a municipality where the number of |
inhabitants exceeds 2 million in population, the court |
shall equitably allocate 87.5% of the proceeds of the fines |
received among the differing units of local government.
|
(2) If such seizure was made by State law
enforcement |
personnel, then the court shall allocate 37.5% to the State |
treasury and 50% to the county general corporate fund.
|
(3) If a State law enforcement agency in combination
|
with any law enforcement agency or agencies of a unit or |
units of local government conducted the seizure, the court |
shall equitably allocate 37.5% of the fines to or among the |
law enforcement agency or agencies of the unit or units of |
local government that conducted the seizure and shall |
allocate 50% to the county general corporate fund.
|
(c) The proceeds of all fines allocated to the law |
enforcement agency or agencies of the unit or units of local |
government pursuant to subsection (b) shall be made available |
to that law enforcement agency as expendable receipts for use |
in the enforcement of laws regulating controlled substances and |
|
cannabis. The proceeds of fines awarded to the State treasury |
shall be deposited in a special fund known as the Drug Traffic |
Prevention Fund, except that amounts distributed to the |
Secretary of State shall be deposited into the Secretary of |
State Evidence Fund to be used as provided in Section 2-115 of |
the Illinois Vehicle Code. Moneys from this Fund may be used by |
the Department of State Police for use in the enforcement of |
laws regulating controlled substances and cannabis; to satisfy |
funding provisions of the Intergovernmental Drug Laws |
Enforcement Act; to defray costs and expenses associated with |
returning violators of the Cannabis Control Act and this Act |
only, as provided in those Acts, when punishment of the crime |
shall be confinement of the criminal in the penitentiary; and |
all other moneys shall be paid into the General Revenue Fund in |
the State treasury. |
Section 100. Second or subsequent offenses. |
(a) Any person convicted of a second or subsequent offense |
under this Act may be sentenced to imprisonment for a term up |
to twice the maximum term otherwise authorized, fined an amount |
up to twice that otherwise authorized, or both.
|
(b) Any penalty imposed for any violation of this Act is in |
addition to, and not in lieu of, any civil or administrative |
penalty or sanction otherwise authorized by this Act or any |
other law.
|
Section 105. Applicability. A prosecution for any |
violation of law occurring prior to the effective date of this |
Act is not affected or abated by this Act. If the offense being |
prosecuted would be a violation of this Act, and has not |
reached the sentencing stage or final adjudication, then for |
purposes of penalty the penalties under this Act apply if they |
are less than under the prior law upon which the prosecution |
was commenced. |
Section 110. Scope of Act. Nothing in this Act limits any |
|
authority or activity authorized by the Illinois Controlled |
Substances Act, the Medical Practice Act of 1987, the Nursing |
and Advanced Practice Nursing Act, the Pharmacy Practice Act of |
1987, the Illinois Dental Practice Act, the Podiatric Medical |
Practice Act of 1987, or the Veterinary Medicine and Surgery |
Practice Act of 2004. Nothing in this Act limits the authority |
or activity of any law enforcement officer acting within the |
scope of his or her employment. |
Section 901. The Alcoholism and Other Drug Abuse and |
Dependency Act is amended by changing Sections 5-10, 40-5, and |
50-35 as follows:
|
(20 ILCS 301/5-10)
|
Sec. 5-10. Functions of the Department.
|
(a) In addition to the powers, duties and functions vested |
in the Department
by this Act, or by other laws of this State, |
the Department shall carry out the
following activities:
|
(1) Design, coordinate and fund a comprehensive and |
coordinated
community-based and culturally and |
gender-appropriate array of services
throughout the State |
for the prevention, intervention, treatment and
|
rehabilitation of alcohol and other drug abuse and |
dependency that is
accessible and addresses the needs of |
at-risk or addicted individuals and their
families.
|
(2) Act as the exclusive State agency to accept, |
receive and expend,
pursuant to appropriation, any public |
or private monies, grants or services,
including those |
received from the federal government or from other State
|
agencies, for the purpose of providing an array of services |
for the prevention,
intervention, treatment and |
rehabilitation of alcoholism or other drug abuse or
|
dependency. Monies received by the Department shall be |
deposited into
appropriate funds as may be created by State |
law or administrative action.
|
(3) Coordinate a statewide strategy among State |
|
agencies for the
prevention, intervention, treatment and |
rehabilitation of alcohol and other
drug abuse and |
dependency. This strategy shall include the development of |
an
annual comprehensive State plan for the provision of an |
array of services for
education, prevention, intervention, |
treatment, relapse prevention and other
services and |
activities to alleviate alcoholism and other drug abuse and
|
dependency. The plan shall be based on local |
community-based needs and upon
data including, but not |
limited to, that which defines the prevalence of and
costs |
associated with the abuse of and dependency upon alcohol |
and other drugs.
This comprehensive State plan shall |
include identification of problems, needs,
priorities, |
services and other pertinent information, including the |
needs of
minorities and other specific populations in the |
State, and shall describe how
the identified problems and |
needs will be addressed. For purposes of this
paragraph, |
the term "minorities and other specific populations" may |
include,
but shall not be limited to, groups such as women, |
children, intravenous drug
users, persons with AIDS or who |
are HIV infected, African-Americans, Puerto
Ricans, |
Hispanics, Asian Americans, the elderly, persons in the |
criminal
justice system, persons who are clients of |
services provided by other State
agencies, persons with |
disabilities and such other specific populations as the
|
Department may from time to time identify. In developing |
the plan, the
Department shall seek input from providers, |
parent groups, associations and
interested citizens.
|
Beginning with State fiscal year 1996, the annual |
comprehensive State plan
developed under this Section |
shall include an explanation of the rationale to
be used in |
ensuring that funding shall be based upon local community |
needs,
including, but not limited to, the incidence and |
prevalence of, and costs
associated with, the abuse of and |
dependency upon alcohol and other drugs, as
well as upon |
demonstrated program performance.
|
|
The annual comprehensive State plan developed under |
this Section shall
contain a report detailing the |
activities of and progress made by the programs
for the |
care and treatment of addicted pregnant women, addicted |
mothers and
their children established under subsection |
(j) of Section 35-5 of this Act.
|
Each State agency which provides or funds alcohol or |
drug prevention,
intervention and treatment services shall |
annually prepare an agency plan for
providing such |
services, and these shall be used by the Department in |
preparing
the annual comprehensive statewide plan. Each |
agency's annual plan for alcohol
and drug abuse services |
shall contain a report on the activities and progress
of |
such services in the prior year. The Department may provide |
technical
assistance to other State agencies, as required, |
in the development of their
agency plans.
|
(4) Lead, foster and develop cooperation, coordination |
and agreements
among federal and State governmental |
agencies and local providers that provide
assistance, |
services, funding or other functions, peripheral or |
direct, in the
prevention, intervention, treatment or |
rehabilitation of alcoholism and other
drug abuse and |
dependency. This shall include, but shall not be limited |
to,
the following:
|
(A) Cooperate with and assist the Department of |
Corrections and
the Department on Aging in |
establishing and conducting programs relating to |
alcoholism
and other drug abuse and dependency among |
those populations which they
respectively serve.
|
(B) Cooperate with and assist the Illinois |
Department of Public Health
in the establishment, |
funding and support of programs and services for the
|
promotion of maternal and child health and the |
prevention and treatment of
infectious diseases, |
including but not limited to HIV infection, especially
|
with respect to those persons who may abuse drugs by |
|
intravenous injection, or
may have been sexual |
partners of drug abusers, or may have abused substances |
so
that their immune systems are impaired, causing them |
to be at high risk.
|
(C) Supply to the Department of Public Health and |
prenatal care
providers a list of all alcohol and other |
drug abuse service providers for
addicted pregnant |
women in this State.
|
(D) Assist in the placement of child abuse or |
neglect perpetrators
(identified by the Illinois |
Department of Children and Family Services) who
have |
been determined to be in need of alcohol or other drug |
abuse services
pursuant to Section 8.2 of the Abused |
and Neglected Child Reporting Act.
|
(E) Cooperate with and assist the Illinois |
Department of Children and
Family Services in carrying |
out its mandates to:
|
(i) identify alcohol and other drug abuse |
issues among its clients and
their families; and
|
(ii) develop programs and services to deal |
with such problems.
|
These programs and services may include, but shall not |
be limited to,
programs to prevent the abuse of alcohol |
or other drugs by DCFS clients and
their families, |
rehabilitation services, identifying child care needs |
within
the array of alcohol and other drug abuse |
services, and assistance with other
issues as |
required.
|
(F) Cooperate with and assist the Illinois |
Criminal Justice Information
Authority with respect to |
statistical and other information concerning drug
|
abuse incidence and prevalence.
|
(G) Cooperate with and assist the State |
Superintendent of Education,
boards of education, |
schools, police departments, the Illinois Department |
of
State Police, courts and other public and private |
|
agencies and individuals in
establishing prevention |
programs statewide and preparing curriculum materials
|
for use at all levels of education. An agreement shall |
be entered into with the
State Superintendent of |
Education to assist in the establishment of such
|
programs.
|
(H) Cooperate with and assist the Illinois |
Department of Public Aid in
the development and |
provision of services offered to recipients of public
|
assistance for the treatment and prevention of |
alcoholism and other drug abuse
and dependency.
|
(I) Provide training recommendations to other |
State agencies funding
alcohol or other drug abuse |
prevention, intervention, treatment or
rehabilitation |
services.
|
(5) From monies appropriated to the Department from the |
Drunk and Drugged
Driving Prevention Fund, make grants to |
reimburse DUI evaluation and remedial
education programs |
licensed by the Department for the costs of providing
|
indigent persons with free or reduced-cost services |
relating to a charge of
driving under the influence of |
alcohol or other drugs.
|
(6) Promulgate regulations to provide appropriate |
standards for publicly
and privately funded programs as |
well as for levels of payment to government
funded programs |
which provide an array of services for prevention,
|
intervention, treatment and rehabilitation for alcoholism |
and other drug abuse
or dependency.
|
(7) In consultation with local service providers, |
specify a uniform
statistical methodology for use by |
agencies, organizations, individuals and the
Department |
for collection and dissemination of statistical |
information
regarding services related to alcoholism and |
other drug use and abuse. This
shall include prevention |
services delivered, the number of persons treated,
|
frequency of admission and readmission, and duration of |
|
treatment.
|
(8) Receive data and assistance from federal, State and |
local governmental
agencies, and obtain copies of |
identification and arrest data from all federal,
State and |
local law enforcement agencies for use in carrying out the |
purposes
and functions of the Department.
|
(9) Designate and license providers to conduct |
screening, assessment,
referral and tracking of clients |
identified by the criminal justice system as
having |
indications of alcoholism or other drug abuse or dependency |
and being
eligible to make an election for treatment under |
Section 40-5 of this Act, and
assist in the placement of |
individuals who are under court order to participate
in |
treatment.
|
(10) Designate medical examination and other programs |
for determining
alcoholism and other drug abuse and |
dependency.
|
(11) Encourage service providers who receive financial |
assistance in any
form from the State to assess and collect |
fees for services rendered.
|
(12) Make grants with funds appropriated from the Drug |
Treatment Fund in
accordance with Section 7 of the |
Controlled Substance and Cannabis Nuisance
Act, or in |
accordance with Section 80 of the Methamphetamine Control |
and Community Protection Act, or in accordance with |
subsections (h) and (i) of Section 411.2 of the
Illinois |
Controlled Substances Act.
|
(13) Encourage all health and disability insurance |
programs to include
alcoholism and other drug abuse and |
dependency as a covered illness.
|
(14) Make such agreements, grants-in-aid and |
purchase-care arrangements
with any other department, |
authority or commission of this State, or any other
state |
or the federal government or with any public or private |
agency, including
the disbursement of funds and furnishing |
of staff, to effectuate the purposes
of this Act.
|
|
(15) Conduct a public information campaign to inform |
the State's
Hispanic residents regarding the prevention |
and treatment of alcoholism.
|
(b) In addition to the powers, duties and functions vested |
in it by this
Act, or by other laws of this State, the |
Department may undertake, but shall
not be limited to, the |
following activities:
|
(1) Require all programs funded by the Department to |
include an education
component to inform participants |
regarding the causes and means of transmission
and methods |
of reducing the risk of acquiring or transmitting HIV |
infection,
and to include funding for such education |
component in its support of the
program.
|
(2) Review all State agency applications for federal |
funds which include
provisions relating to the prevention, |
early intervention and treatment of
alcoholism and other |
drug abuse and dependency in order to ensure consistency
|
with the comprehensive statewide plan developed pursuant |
to this Act.
|
(3) Prepare, publish, evaluate, disseminate and serve |
as a central
repository for educational materials dealing |
with the nature and effects of
alcoholism and other drug |
abuse and dependency. Such materials may deal with
the |
educational needs of the citizens of Illinois, and may |
include at least
pamphlets which describe the causes and |
effects of fetal alcohol syndrome,
which the Department may |
distribute free of charge to each county clerk in
|
sufficient quantities that the county clerk may provide a |
pamphlet to the
recipients of all marriage licenses issued |
in the county.
|
(4) Develop and coordinate, with regional and local |
agencies, education
and training programs for persons |
engaged in providing the array of services
for persons |
having alcoholism or other drug abuse and dependency |
problems,
which programs may include specific HIV |
education and training for program
personnel.
|
|
(5) Cooperate with and assist in the development of |
education, prevention
and treatment programs for employees |
of State and local governments and
businesses in the State.
|
(6) Utilize the support and assistance of interested |
persons in the
community, including recovering addicts and |
alcoholics, to assist individuals
and communities in |
understanding the dynamics of addiction, and to encourage
|
individuals with alcohol or other drug abuse or dependency |
problems to
voluntarily undergo treatment.
|
(7) Promote, conduct, assist or sponsor basic |
clinical, epidemiological
and statistical research into |
alcoholism and other drug abuse and dependency,
and |
research into the prevention of those problems either |
solely or in
conjunction with any public or private agency.
|
(8) Cooperate with public and private agencies, |
organizations and
individuals in the development of |
programs, and to provide technical assistance
and |
consultation services for this purpose.
|
(9) Publish or provide for the publishing of a manual |
to assist medical
and social service providers in |
identifying alcoholism and other drug abuse and
dependency |
and coordinating the multidisciplinary delivery of |
services to
addicted pregnant women, addicted mothers and |
their children. The manual may
be used only to provide |
information and may not be used by the Department to
|
establish practice standards. The Department may not |
require recipients to use
specific providers nor may they |
require providers to refer recipients to
specific |
providers. The manual may include, but need not be limited |
to, the
following:
|
(A) Information concerning risk assessments of |
women seeking prenatal,
natal, and postnatal medical |
care.
|
(B) Information concerning risk assessments of |
infants who may be
substance-affected.
|
(C) Protocols that have been adopted by the |
|
Illinois Department of
Children and Family Services |
for the reporting and investigation of allegations
of |
child abuse or neglect under the Abused and Neglected |
Child Reporting Act.
|
(D) Summary of procedures utilized in juvenile |
court in cases of
children alleged or found to be |
abused or neglected as a result of being born
to |
addicted women.
|
(E) Information concerning referral of addicted |
pregnant women,
addicted mothers and their children by |
medical, social service, and substance
abuse treatment |
providers, by the Departments of Children and Family |
Services, Public Aid, Public Health, and
Human |
Services.
|
(F) Effects of substance abuse on infants and |
guidelines on the
symptoms, care, and comfort of |
drug-withdrawing infants.
|
(G) Responsibilities of the Illinois Department of |
Public Health to
maintain statistics on the number of |
children in Illinois addicted at birth.
|
(10) To the extent permitted by federal law or |
regulation, establish and
maintain a clearinghouse and |
central repository for the development and
maintenance of a |
centralized data collection and dissemination system and a
|
management information system for all alcoholism and other |
drug abuse
prevention, early intervention and treatment |
services.
|
(11) Fund, promote or assist programs, services, |
demonstrations or
research dealing with addictive or |
habituating behaviors detrimental to the
health of |
Illinois citizens.
|
(12) With monies appropriated from the Group Home Loan |
Revolving Fund,
make loans, directly or through |
subcontract, to assist in underwriting the
costs of housing |
in which individuals recovering from alcohol or other drug
|
abuse or dependency may reside in groups of not less than 6 |
|
persons, pursuant
to Section 50-40 of this Act.
|
(13) Promulgate such regulations as may be necessary |
for the
administration of grants or to otherwise carry out |
the purposes and enforce the
provisions of this Act.
|
(14) Fund programs to help parents be effective in |
preventing
substance abuse by building an awareness of |
drugs and alcohol and the family's
role in preventing abuse |
through adjusting expectations, developing new skills,
and |
setting positive family goals. The programs shall include, |
but not be
limited to, the following subjects: healthy |
family communication; establishing
rules and limits; how |
to reduce family conflict; how to build self-esteem,
|
competency, and responsibility in children; how to improve |
motivation and
achievement; effective discipline; problem |
solving techniques; and how to talk
about drugs and |
alcohol. The programs shall be open to all parents.
|
(Source: P.A. 88-80; incorporates 88-171; 88-670, eff. |
12-2-94; 89-363, eff.
1-1-96; 89-507, eff. 7-1-97.)
|
(20 ILCS 301/40-5)
|
Sec. 40-5. Election of treatment. An addict or alcoholic |
who is charged
with or convicted of a crime may elect treatment |
under the supervision of a
licensed program designated by the |
Department, referred to in this Article
as "designated |
program", unless:
|
(1) the crime is a crime of violence;
|
(2) the crime is a violation of Section 401(a), 401(b), |
401(c) where the
person electing treatment has been |
previously convicted of a non-probationable
felony or the |
violation is non-probationable, 401(d) where the violation |
is
non-probationable, 401.1, 402(a), 405 or 407 of the |
Illinois Controlled
Substances
Act, or Section 4(d), 4(e), |
4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the |
Cannabis Control Act or Section 15, 20, 55, 60, or 65 of |
the Methamphetamine Control and Community Protection Act ;
|
(3) the person has a record of 2 or more convictions of |
|
a crime of
violence;
|
(4) other criminal proceedings alleging commission of |
a felony are pending
against the person;
|
(5) the person is on probation or parole and the |
appropriate parole or
probation authority does not consent |
to that election;
|
(6) the person elected and was admitted to a designated |
program on 2 prior
occasions within any consecutive 2-year |
period;
|
(7) the person has been convicted of residential |
burglary and has a record
of one or more felony |
convictions;
|
(8) the crime is a violation of Section 11-501 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
|
(9) the crime is a reckless homicide or a reckless |
homicide of an unborn
child, as defined in Section 9-3 or |
9-3.2 of the Criminal Code of 1961, in
which the cause of |
death consists of the driving of a motor vehicle by a |
person
under the influence of alcohol or any other drug or |
drugs at the time of the
violation.
|
(Source: P.A. 90-397, eff. 8-15-97.)
|
(20 ILCS 301/50-35)
|
Sec. 50-35. Drug Treatment Fund.
|
(a) There is hereby established the Drug Treatment Fund, to |
be held as a
separate fund in the State treasury. There shall |
be deposited into this fund
such amounts as may be received |
under subsections (h) and (i) of Section 411.2
of the Illinois |
Controlled Substances Act, under Section 80 of the |
Methamphetamine Control and Community Protection Act, and |
under Section 7 of the
Controlled Substance and Cannabis |
Nuisance Act.
|
(b) Monies in this fund shall be appropriated to the |
Department for the
purposes and activities set forth in |
subsections (h) and (i) of Section 411.2
of the Illinois |
|
Controlled Substances Act, or in Section 7 of the Controlled
|
Substance and Cannabis Nuisance Act.
|
(Source: P.A. 88-80.)
|
Section 902. The Department of Human Services (Alcoholism |
and Substance Abuse)
Law of the Civil Administrative Code of |
Illinois is amended by changing Section 310-5 as follows:
|
(20 ILCS 310/310-5) (was 20 ILCS 5/9.29)
|
Sec. 310-5. Powers under certain Acts. The Department of |
Human
Services, as successor to the
Department of Alcoholism |
and Substance Abuse, shall exercise, administer,
and enforce |
all rights, powers, and duties formerly vested in the
|
Department of Mental Health and Developmental Disabilities by |
the following
named Acts or Sections of those Acts as they |
pertain to
the provision of alcoholism services and the |
Dangerous Drugs
Commission:
|
(1) The Cannabis Control Act.
|
(2) The Illinois Controlled Substances Act.
|
(3) The Community Mental Health Act.
|
(4) The Community Services Act.
|
(5) The Methamphetamine Control and Community |
Protection Act.
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
Section 905. The Department of State Police Law of the
|
Civil Administrative Code of Illinois is amended by changing |
Section 2605-555 as follows:
|
(20 ILCS 2605/2605-555)
|
Sec. 2605-555. Pilot program; Project Exile.
|
(a) The Department shall establish a Project Exile pilot |
program
to combat gun violence.
|
(b) Through the pilot program, the Department, in |
coordination with local
law enforcement agencies, State's |
Attorneys, and United States Attorneys,
shall, to the extent |
|
possible, encourage the prosecution in federal court of
all |
persons who illegally use, attempt to use, or threaten to use |
firearms
against the person or property of another, of all |
persons who use or
possess a firearm in connection with a |
violation of the Cannabis Control Act ,
or the Illinois |
Controlled Substances Act , or the Methamphetamine Control and |
Community Protection Act , all persons who have been convicted
|
of a felony under the laws of this State or any other |
jurisdiction who possess
any weapon prohibited under Section |
24-1 of the Criminal Code of 1961 or any
firearm or any firearm |
ammunition, and of all persons who use or possess a
firearm in |
connection with a violation of an order of protection issued
|
under the Illinois Domestic Violence Act of 1986 or Article |
112A of the Code
of Criminal Procedure of 1963 or in connection |
with the offense of domestic
battery. The program shall also |
encourage public outreach by law enforcement
agencies.
|
(c) There is created the Project Exile Fund, a special fund |
in the State
treasury. Moneys appropriated for the purposes of |
Project Exile and moneys
from any other private or public |
source, including without limitation grants
from the |
Department of Commerce and Economic Opportunity
Community |
Affairs , shall be deposited into
the Fund. Moneys in the Fund, |
subject to appropriation, may be used by the
Department of |
State Police to develop and administer the Project Exile pilot
|
program.
|
(d) The Department shall report to the General Assembly by |
March 1, 2003
regarding the implementation and effects of the |
Project Exile pilot program and
shall by that date make |
recommendations to the General Assembly for changes in
the |
program that the Department deems appropriate.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader, and
the Clerk of the House of |
Representatives, with the President, the
Minority Leader, and |
the Secretary of the Senate, and with the Legislative
Research |
Unit, as required by Section 3.1 of the General Assembly |
|
Organization
Act, and filing such additional copies with the |
State Government Report
Distribution Center for the General |
Assembly as is required under paragraph
(t) of Section 7 of the |
State Library Act.
|
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01; |
92-651, eff.
7-11-02; revised 12-6-03.)
|
Section 910. The State Police Act is amended by changing |
Section 12.5 as follows:
|
(20 ILCS 2610/12.5)
|
Sec. 12.5. Zero tolerance drug policy. Any person employed |
by the
Department
of State Police who tests positive in |
accordance with established Departmental
drug
testing |
procedures for any substance prohibited by the Cannabis Control |
Act ,
or
the
Illinois Controlled Substances Act , or the |
Methamphetamine Control and Community Protection Act shall be |
discharged from employment.
Refusal to
submit to a drug test, |
ordered in accordance with Departmental procedures, by
any |
person
employed by the Department shall be construed as a |
positive test, and the
person shall be
discharged from |
employment.
|
(Source: P.A. 92-80, eff. 1-1-02.)
|
Section 915. The Narcotic Control Division Abolition Act is |
amended by changing Sections 7 and 8 as follows:
|
(20 ILCS 2620/7) (from Ch. 127, par. 55j)
|
Sec. 7. Expenditures; evidence; forfeited property.
|
(a) The Director and the inspectors appointed by him, when |
authorized
by the Director, may expend such sums as the |
Director deems necessary in
the purchase of controlled |
substances and cannabis for evidence and in the
employment of |
persons to obtain evidence.
|
Such sums to be expended shall be advanced to the officer |
who is to make
such purchase or employment from funds |
|
appropriated or made available by
law for the support or use of |
the Department on vouchers therefor signed
by the Director. The |
Director and such officers are authorized to maintain
one or |
more commercial checking accounts with any State banking |
corporation
or corporations organized under or subject to the |
Illinois Banking Act for
the deposit and withdrawal of moneys |
to be used for the purchase of evidence
and for the employment |
of persons to obtain evidence; provided that no check
may be |
written on nor any withdrawal made from any such account except |
on
the written signatures of 2 persons designated by the |
Director to write
such checks and make such withdrawals.
|
(b) The Director is authorized to maintain one or more |
commercial bank
accounts with any State banking corporation or |
corporations organized under
or subject to the Illinois Banking |
Act, as now or hereafter amended, for the
deposit or withdrawal |
of (i) moneys forfeited to the Department, including
the |
proceeds of the sale of forfeited property, as provided in |
Section 2 of
the State Officers and Employees Money Disposition |
Act, as now or hereafter
amended, pending disbursement to |
participating agencies and deposit of the
Department's share as |
provided in subsection (c), and (ii) all moneys
being held as |
evidence by the Department, pending final court disposition;
|
provided that no check may be written on or any withdrawal made |
from any such
account except on the written signatures of 2 |
persons designated by the
Director to write such checks and |
make such withdrawals.
|
(c) All moneys received by the Illinois State Police as |
their share of
forfeited funds (including the proceeds of the |
sale of forfeited property)
received pursuant to the Drug Asset |
Forfeiture Procedure Act, the Cannabis
Control Act, the |
Illinois Controlled Substances Act, the Methamphetamine |
Control and Community Protection Act, the Environmental
|
Protection Act, or any other Illinois law shall be deposited |
into the State
Asset Forfeiture Fund, which is hereby created |
as an interest-bearing special
fund in the State treasury.
|
All moneys received by the Illinois State Police as their |
|
share of
forfeited funds (including the proceeds of the sale of |
forfeited property)
received pursuant to federal equitable |
sharing transfers shall be deposited
into the Federal Asset |
Forfeiture Fund, which is hereby created as an
interest-bearing |
special fund in the State treasury.
|
The moneys deposited into the State Asset Forfeiture Fund |
and the
Federal Asset Forfeiture Fund shall be appropriated to |
the Department of State
Police and may be used by the Illinois |
State Police in accordance with law.
|
(Source: P.A. 90-9, eff. 7-1-97.)
|
(20 ILCS 2620/8) (from Ch. 127, par. 55k)
|
Sec. 8. The Attorney General, upon the request of the |
Department, shall
prosecute any violation of this Act, and of |
the " Illinois Controlled
Substances Act " , and the " Cannabis |
Control Act " enacted by the 77th General
Assembly , and the |
Methamphetamine Control and Community Protection Act
as now or |
hereafter amended .
|
(Source: P.A. 77-770.)
|
Section 920. The Criminal Identification Act is amended by |
changing Sections 2.1 and 5 as follows:
|
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
|
Sec. 2.1. For the purpose of maintaining complete and |
accurate
criminal records of the Department of State Police, it |
is necessary for all
policing bodies of this State, the clerk |
of the circuit court, the Illinois
Department of Corrections, |
the sheriff of each county, and State's Attorney
of each county |
to submit certain criminal arrest, charge, and disposition
|
information to the Department for filing at the earliest time |
possible.
Unless otherwise noted herein, it shall be the duty |
of all policing bodies
of this State, the clerk of the circuit |
court, the Illinois Department of
Corrections, the sheriff of |
each county, and the State's Attorney of each
county to report |
such information as provided in this Section, both in the
form |
|
and manner required by the Department and within 30 days of the
|
criminal history event. Specifically:
|
(a) Arrest Information. All agencies making arrests for |
offenses which
are required by statute to be collected, |
maintained or disseminated by the
Department of State Police |
shall be responsible
for furnishing daily to the Department |
fingerprints, charges and
descriptions of all persons who are |
arrested for such offenses. All such
agencies shall also notify |
the Department of all decisions by the arresting
agency not to |
refer
such arrests for prosecution. With approval of the |
Department, an agency
making such arrests may enter into
|
arrangements with other agencies for the purpose of furnishing |
daily such
fingerprints, charges and descriptions to the |
Department upon its behalf.
|
(b) Charge Information. The State's Attorney of each county |
shall notify
the Department of all charges filed and all |
petitions filed alleging that a
minor is delinquent, including |
all those added subsequent
to the filing of a case, and whether |
charges were not filed
in cases for which the Department has |
received information
required to be reported pursuant to |
paragraph (a) of this Section.
With approval of the Department, |
the State's Attorney may enter into
arrangements with other |
agencies for the
purpose of furnishing the information required |
by this subsection (b) to the
Department upon the State's |
Attorney's behalf.
|
(c) Disposition Information. The clerk of the circuit court |
of each county
shall furnish the Department, in the form and |
manner required by the Supreme
Court, with all final |
dispositions of cases for which the Department
has received |
information required to be reported pursuant to paragraph (a)
|
or (d) of this Section. Such information shall include, for |
each charge,
all (1) judgments of not guilty, judgments of |
guilty including the sentence
pronounced by the court,
findings |
that a minor is delinquent
and any sentence made based on those |
findings,
discharges and dismissals in the court; (2)
reviewing |
court orders filed with the clerk of the circuit court which
|
|
reverse or remand a reported conviction
or findings that a |
minor is delinquent
or that vacate or modify a sentence
or |
sentence made following a trial that a minor is
delinquent;
(3)
|
continuances to a date certain in furtherance of an order of |
supervision
granted under Section 5-6-1 of the Unified Code of |
Corrections or an order
of probation granted under Section 10 |
of the Cannabis Control Act, Section
410 of the Illinois |
Controlled Substances Act, Section 70 of the Methamphetamine |
Control and Community Protection Act, Section 12-4.3 of the
|
Criminal Code of 1961, Section 10-102 of the Illinois |
Alcoholism and
Other Drug Dependency Act, Section 40-10 of the |
Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 |
of the Steroid Control Act, or
Section 5-615 of the Juvenile |
Court Act of 1987; and
(4) judgments or court orders |
terminating or revoking a sentence
to or juvenile disposition |
of probation, supervision or conditional
discharge and any |
resentencing
or new court orders entered by a juvenile court |
relating to the disposition
of a minor's case involving |
delinquency
after such revocation.
|
(d) Fingerprints After Sentencing.
|
(1) After the court pronounces sentence,
sentences a |
minor following a trial in which a minor was found to be
|
delinquent
or issues an order of supervision or an order of |
probation granted under
Section 10 of the Cannabis Control |
Act, Section 410 of the Illinois
Controlled Substances Act, |
Section 70 of the Methamphetamine Control and Community |
Protection Act, Section 12-4.3 of the Criminal Code of
|
1961, Section 10-102 of the Illinois Alcoholism and Other |
Drug Dependency
Act, Section 40-10 of the Alcoholism and |
Other Drug Abuse and Dependency
Act, Section 10 of the |
Steroid Control Act, or Section
5-615 of
the Juvenile Court |
Act of 1987 for any offense which
is required by statute to |
be collected,
maintained, or disseminated by the |
Department of State Police, the State's
Attorney of each |
county shall ask the court to order a law enforcement
|
agency to fingerprint immediately all persons appearing |
|
before the court
who have not previously been fingerprinted |
for the same case. The court
shall so order the requested |
fingerprinting, if it determines that any such
person has |
not previously been fingerprinted for the same case. The |
law
enforcement agency shall submit such fingerprints to |
the Department daily.
|
(2) After the court pronounces sentence or makes a |
disposition of a case
following a finding of delinquency |
for any offense which is not
required by statute to be |
collected, maintained, or disseminated by the
Department |
of State Police, the prosecuting attorney may ask the court |
to
order a law enforcement agency to fingerprint |
immediately all persons
appearing before the court who have |
not previously been fingerprinted for
the same case. The |
court may so order the requested fingerprinting, if it
|
determines that any so sentenced person has not previously |
been
fingerprinted for the same case. The law enforcement |
agency may retain
such fingerprints in its files.
|
(e) Corrections Information. The Illinois Department of |
Corrections and
the sheriff of each county shall furnish the |
Department with all information
concerning the receipt, |
escape, execution, death, release, pardon, parole,
commutation |
of sentence, granting of executive clemency or discharge of
an |
individual who has been sentenced or committed to the agency's |
custody
for any offenses
which are mandated by statute to be |
collected, maintained or disseminated
by the Department of |
State Police. For an individual who has been charged
with any |
such offense and who escapes from custody or dies while in
|
custody, all information concerning the receipt and escape or |
death,
whichever is appropriate, shall also be so furnished to |
the Department.
|
(Source: P.A. 90-590, eff. 1-1-00.)
|
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
|
(This Section may contain text from a Public Act with a |
delayed effective date )
|
|
Sec. 5. Arrest reports; expungement.
|
(a) All policing bodies of this State shall furnish to the |
Department,
daily, in the form and detail the Department |
requires, fingerprints and
descriptions of all persons who are |
arrested on charges of violating any penal
statute of this |
State for offenses that are classified as felonies and Class
A |
or B misdemeanors and of all minors of the age of 10 and over |
who have been
arrested for an offense which would be a felony |
if committed by an adult, and
may forward such fingerprints and |
descriptions for minors arrested for Class A
or B misdemeanors. |
Moving or nonmoving traffic violations under the Illinois
|
Vehicle Code shall not be reported except for violations of |
Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In |
addition, conservation offenses,
as defined in the Supreme |
Court Rule 501(c), that are classified as Class B
misdemeanors |
shall not be reported.
|
Whenever an adult or minor prosecuted as an adult,
not |
having previously been convicted of any criminal offense or |
municipal
ordinance violation, charged with a violation of a |
municipal ordinance or a
felony or misdemeanor, is acquitted or |
released without being convicted,
whether the acquittal or |
release occurred before, on, or after the
effective date of |
this amendatory Act of 1991, the Chief Judge of the circuit
|
wherein the charge was brought, any judge of that circuit |
designated by the
Chief Judge, or in counties of less than |
3,000,000 inhabitants, the presiding
trial judge at the |
defendant's trial may upon verified petition of the
defendant |
order the record of arrest expunged from the official records |
of the
arresting authority and the Department and order that |
the records of the clerk
of the circuit court be sealed until |
further order of the court upon good cause
shown and the name |
of the defendant obliterated on the official index required
to |
be kept by the circuit court clerk under Section 16 of the |
Clerks of Courts
Act, but the order shall not affect any index |
issued by the circuit court clerk
before the entry of the |
order. The Department may charge the petitioner a fee
|
|
equivalent to the cost of processing any order to expunge or |
seal the records,
and the fee shall be deposited into the State |
Police Services Fund. The
records of those arrests, however, |
that result in a disposition of
supervision for any offense |
shall not be expunged from the records of the
arresting |
authority or the Department nor impounded by the court until 2 |
years
after discharge and dismissal of supervision. Those |
records
that result from a supervision for a violation of |
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois |
Vehicle Code or a similar provision
of a local ordinance, or |
for a violation of Section 12-3.2, 12-15 or 16A-3
of the |
Criminal Code of 1961, or probation under Section 10 of the |
Cannabis
Control Act, Section 410 of the Illinois Controlled |
Substances Act, Section 70 of the Methamphetamine Control and |
Community Protection Act, Section
12-4.3(b)(1) and (2) of the |
Criminal Code of 1961 (as those provisions
existed before their |
deletion by Public Act 89-313), Section 10-102 of the
Illinois |
Alcoholism and Other Drug Dependency Act when the judgment of
|
conviction has been vacated, Section 40-10 of the Alcoholism |
and Other Drug
Abuse and Dependency Act when the judgment of |
conviction has been vacated,
or Section 10 of the Steroid |
Control Act shall not be expunged from the records
of the |
arresting authority nor impounded by the court until 5 years |
after
termination of probation or supervision. Those records |
that result from a
supervision for a violation of Section |
11-501 of the Illinois Vehicle Code or
a similar provision of a |
local ordinance, shall not be expunged. All records
set out |
above may be ordered by the court to be expunged from the |
records of
the arresting authority and impounded by the court |
after 5 years, but shall
not be expunged by the Department, but |
shall, on court order be sealed by the
Department and may be |
disseminated by the Department only as required by law or
to |
the arresting authority, the State's Attorney, and the court |
upon a later
arrest for the same or a similar offense or for |
the purpose of sentencing for
any subsequent felony. Upon |
conviction for any offense, the Department of
Corrections shall |
|
have access to all sealed records of the Department
pertaining |
to that individual.
|
(a-5) Those records maintained by the Department for |
persons arrested
prior to their 17th birthday shall be expunged |
as provided in Section 5-915 of
the Juvenile Court Act of 1987.
|
(b) Whenever a person has been convicted of a crime or of |
the violation of
a municipal ordinance, in the name of a person |
whose identity he has stolen
or otherwise come into possession |
of, the aggrieved person from whom the
identity was stolen or |
otherwise obtained without authorization, upon learning
of the |
person having been arrested using his identity, may, upon |
verified
petition to the chief judge of the circuit wherein the |
arrest was made,
have a court order entered nunc pro tunc by |
the chief judge to correct
the arrest record, conviction |
record, if any, and all official records of the
arresting |
authority, the Department, other criminal justice agencies, |
the
prosecutor, and the trial court concerning such arrest, if |
any, by removing his
name from all such records in connection |
with the arrest and conviction, if
any, and by inserting in the |
records the name of the offender, if known or
ascertainable, in |
lieu of the aggrieved's name. The records of the
clerk of
the |
circuit court clerk shall be sealed until further order of the |
court upon
good cause shown and the name of the aggrieved |
person obliterated on the
official index required to be kept by |
the circuit court clerk under Section 16
of the Clerks of |
Courts Act, but the order shall not affect any index issued by
|
the circuit court clerk before the entry of the order. Nothing |
in this Section
shall limit the Department of State Police or |
other criminal justice agencies
or prosecutors from listing |
under an offender's name the false names he or she
has used. |
For purposes of this Section, convictions for moving and |
nonmoving
traffic violations other than convictions for |
violations of Chapter 4, Section
11-204.1 or Section 11-501 of |
the Illinois Vehicle Code shall not be a bar to
expunging the |
record of arrest and court records for
violation of a |
misdemeanor or municipal ordinance.
|
|
(c) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he may,
upon verified petition to the |
chief judge of the circuit where the person had
been convicted, |
any judge of the circuit designated by the Chief Judge, or in
|
counties of less than 3,000,000 inhabitants, the presiding |
trial judge at the
defendant's trial, may have a court order |
entered expunging the record of
arrest from the official |
records of the arresting authority and order that the
records |
of the clerk of the circuit court and the Department be sealed |
until
further order of the court upon good cause shown or as |
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the |
circuit court clerk under Section 16 of the Clerks
of Courts |
Act in connection with the arrest and conviction for the |
offense for
which he had been pardoned but the order shall not |
affect any index issued by
the circuit court clerk before the |
entry of the order. All records sealed by
the Department may be |
disseminated by the Department only as required by law or
to |
the arresting authority, the State's Attorney, and the court |
upon a later
arrest for the same or similar offense or for the |
purpose of sentencing for any
subsequent felony. Upon |
conviction for any subsequent offense, the Department
of |
Corrections shall have access to all sealed records of the |
Department
pertaining to that individual. Upon entry of the |
order of expungement, the
clerk of the circuit court shall |
promptly mail a copy of the order to the
person who was |
pardoned.
|
(c-5) Whenever a person has been convicted of criminal |
sexual assault,
aggravated criminal sexual assault, predatory |
criminal sexual assault of a
child, criminal sexual abuse, or |
aggravated criminal sexual abuse, the victim
of that offense |
may request that the State's Attorney of the county in which
|
the conviction occurred file a verified petition with the |
presiding trial judge
at the defendant's trial to have a court |
order entered to seal the records of
the clerk of the circuit |
|
court in connection with the proceedings of the trial
court |
concerning that offense. However, the records of the arresting |
authority
and the Department of State Police concerning the |
offense shall not be
sealed. The court, upon good cause shown, |
shall make the records of the clerk
of the circuit court in |
connection with the proceedings of the trial court
concerning |
the offense available for public inspection.
|
(c-6) If a conviction has been set aside on direct review |
or on
collateral attack
and the court determines by clear and |
convincing evidence that the defendant
was factually innocent |
of
the charge, the court shall enter an expungement order as |
provided in
subsection (b) of Section 5-5-4
of the Unified Code |
of Corrections.
|
(d) Notice of the petition for subsections (a), (b), and |
(c) shall be
served upon the State's Attorney or prosecutor |
charged with the duty
of prosecuting the offense, the |
Department of State Police, the arresting
agency and the chief |
legal officer of the unit of local government
affecting the |
arrest. Unless the State's Attorney or prosecutor, the
|
Department of State Police, the arresting agency or such chief |
legal officer
objects to the petition within 30 days from the |
date of the notice, the
court shall enter an order granting or |
denying the petition. The clerk
of the court shall promptly |
mail a copy of the order to the person, the
arresting agency, |
the prosecutor, the Department of State Police and such
other |
criminal justice agencies as may be ordered by the judge.
|
(e) Nothing herein shall prevent the Department of State |
Police from
maintaining all records of any person who is |
admitted to probation upon
terms and conditions and who |
fulfills those terms and conditions pursuant
to Section 10 of |
the Cannabis Control Act, Section 410 of the Illinois
|
Controlled Substances Act, Section 70 of the Methamphetamine |
Control and Community Protection Act, Section 12-4.3 of the |
Criminal Code
of 1961, Section 10-102 of the Illinois |
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the |
Alcoholism and Other Drug Abuse and
Dependency Act, or Section |
|
10 of the Steroid Control Act.
|
(f) No court order issued under the expungement provisions |
of this
Section shall become final for purposes of appeal until |
30 days after
notice is received by the Department. Any court |
order contrary to the
provisions of this Section is void.
|
(g) Except as otherwise provided in subsection (c-5) of |
this Section,
the court shall not order the sealing or |
expungement of the arrest
records and records of the circuit |
court clerk of any person granted
supervision for or convicted |
of any sexual offense committed against a minor
under 18 years |
of age. For the purposes of this Section, "sexual offense
|
committed against a minor" includes but is not limited to the |
offenses of
indecent solicitation of a child or criminal sexual |
abuse when the victim of
such offense is under 18 years of age.
|
(h) (1) Applicability. Notwithstanding any other provision |
of this Act to the contrary and cumulative with any rights to |
expungement of criminal records, this subsection authorizes |
the sealing of criminal records of adults and of minors |
prosecuted as adults. |
(2) Sealable offenses. The following offenses may be |
sealed: |
(A) All municipal ordinance violations and |
misdemeanors, with the exception of the following: |
(i) violations of Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local |
ordinance; |
(ii) violations of Article 11 of the Criminal Code |
of 1961 or a similar provision of a local ordinance, |
except Section 11-14 of the Criminal Code of 1961 as |
provided in clause B(i) of this subsection (h); |
(iii) violations of Section 12-15, 12-30, or 26-5 |
of the Criminal Code of 1961 or a similar provision of |
a local ordinance; |
(iv) violations that are a crime of violence as |
defined in Section 2 of the Crime Victims Compensation |
Act or a similar provision of a local ordinance; |
|
(v) Class A misdemeanor violations of the Humane |
Care for Animals Act; and |
(vi) any offense or attempted offense that would |
subject a person to registration under the Sex Offender |
Registration Act. |
(B) Misdemeanor and Class 4 felony violations of: |
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; |
(iii) Section 402 of the Illinois Controlled |
Substances Act; and |
(iv) Section 60 of the Methamphetamine Control and |
Community Protection Act.
|
(iv) However, for purposes of this subsection (h), a |
sentence of first offender probation under Section 10 of |
the Cannabis Control Act ,
and Section 410 of the Illinois |
Controlled Substances Act , or Section 70 of the |
Methamphetamine Control and Community Protection Act shall |
be treated as a Class 4 felony conviction. |
(3) Requirements for sealing. Records identified as |
sealable under clause (h) (2) may be sealed when the individual |
was: |
(A) Acquitted of the offense or offenses or released |
without being convicted. |
(B) Convicted of the offense or offenses and the |
conviction or convictions were reversed. |
(C) Placed on misdemeanor supervision for an offense or |
offenses; and |
(i) at least 3 years have elapsed since the |
completion of the term of supervision, or terms of |
supervision, if more than one term has been ordered; |
and |
(ii) the individual has not been convicted of a |
felony or misdemeanor or placed on supervision for a |
misdemeanor or felony during the period specified in |
clause (i). |
(D) Convicted of an offense or offenses; and |
|
(i) at least 4 years have elapsed since the last |
such conviction or term of any sentence, probation, |
parole, or supervision, if any, whichever is last in |
time; and |
(ii) the individual has not been convicted of a |
felony or misdemeanor or placed on supervision for a |
misdemeanor or felony during the period specified in |
clause (i). |
(4) Requirements for sealing of records when more than one |
charge and disposition have been filed. When multiple offenses |
are petitioned to be sealed under this subsection (h), the |
requirements of the relevant provisions of clauses (h)(3)(A) |
through (D) each apply. In instances in which more than one |
waiting period is applicable under clauses (h)(C)(i) and (ii) |
and (h)(D)(i) and (ii), the longer applicable period applies, |
and the requirements of clause (h) (3) shall be considered met |
when the petition is filed after the passage of the longer |
applicable waiting period. That period commences on the date of |
the completion of the last sentence or the end of supervision, |
probation, or parole, whichever is last in time. |
(5) Subsequent convictions. A person may not have |
subsequent felony conviction records sealed as provided in this |
subsection (h) if he or she is convicted of any felony offense |
after the date of the sealing of prior felony records as |
provided in this subsection (h). |
(6) Notice of eligibility for sealing. Upon acquittal, |
release without conviction, or being placed on supervision for |
a sealable offense, or upon conviction of a sealable offense, |
the person shall be informed by the court of the right to have |
the records sealed and the procedures for the sealing of the |
records. |
(7) Procedure. Upon becoming eligible for the sealing of |
records under this subsection (h), the person who seeks the |
sealing of his or her records shall file a petition requesting |
the sealing of records with the clerk of the court where the |
charge or charges were brought. The records may be sealed by |
|
the Chief Judge of the circuit wherein the charge was brought, |
any judge of that circuit designated by the Chief Judge, or in |
counties of less than 3,000,000 inhabitants, the presiding |
trial judge at the defendant's trial, if any. If charges were |
brought in multiple jurisdictions, a petition must be filed in |
each such jurisdiction. The petitioner shall pay the applicable |
fee, if not waived. |
(A) Contents of petition. The petition shall contain |
the petitioner's name, date of birth, current address, each |
charge, each case number, the date of each charge, the |
identity of the arresting authority, and such other |
information as the court may require. During the pendency |
of the proceeding, the petitioner shall promptly notify the |
clerk of the court of any change of address. |
(B) Drug test. A person filing a petition to have his |
or her records sealed for a Class 4 felony violation of |
Section 4 of the Cannabis Control Act or for a Class 4 |
felony violation of Section 402 of the Illinois Controlled |
Substances Act must attach to the petition proof that the |
petitioner has passed a test taken within the previous 30 |
days before the filing of the petition showing the absence |
within his or her body of all illegal substances in |
violation of either the Illinois Controlled Substances Act |
or the Cannabis Control Act. |
(C) Service of petition. The clerk shall promptly serve |
a copy of the petition on the State's Attorney or |
prosecutor charged with the duty of prosecuting the |
offense, the Department of State Police, the arresting |
agency and the chief legal officer of the unit of local |
government effecting the arrest. |
(D) Entry of order. Unless the State's Attorney or |
prosecutor, the Department of State Police, the arresting |
agency or such chief legal officer objects to sealing of |
the records within 90 days of notice the court shall enter |
an order sealing the defendant's records. |
(E) Hearing upon objection. If an objection is filed, |
|
the court shall set a date for a hearing and notify the |
petitioner and the parties on whom the petition had been |
served, and shall hear evidence on whether the sealing of |
the records should or should not be granted, and shall make |
a determination on whether to issue an order to seal the |
records based on the evidence presented at the hearing. |
(F) Service of order. After entering the order to seal |
records, the court must provide copies of the order to the |
Department, in a form and manner prescribed by the |
Department, to the petitioner, to the State's Attorney or |
prosecutor charged with the duty of prosecuting the |
offense, to the arresting agency, to the chief legal |
officer of the unit of local government effecting the |
arrest, and to such other criminal justice agencies as may |
be ordered by the court. |
(8) Fees. Notwithstanding any provision of the Clerk of the |
Courts Act to the contrary, and subject to the approval of the |
county board, the clerk may charge a fee equivalent to the cost |
associated with the sealing of records by the clerk and the |
Department of State Police. The clerk shall forward the |
Department of State Police portion of the fee to the Department |
and it shall be deposited into the State Police Services Fund. |
(i) Subject to available funding, the Illinois Department |
of Corrections shall conduct a study of the impact of sealing, |
especially on employment and recidivism rates, utilizing a |
random sample of those who apply for the sealing of their |
criminal records under Public Act 93-211, in accordance to |
rules adopted by the Department. At the request of the Illinois |
Department of Corrections, records of the Illinois Department |
of Employment Security shall be utilized as appropriate to |
assist in the study. The study shall not disclose any data in a |
manner that would allow the identification of any particular |
individual or employing unit. The study shall be made available |
to the General Assembly no later than September 1, 2006.
|
(Source: P.A. 92-651, eff. 7-11-02; 93-210, eff. 7-18-03; |
93-211, eff. 1-1-04; 93-1084, eff. 6-1-05. )
|
|
Section 925. The Illinois Uniform Conviction Information |
Act is amended by changing Section 3 as follows:
|
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
|
Sec. 3. Definitions. Whenever used in this Act, and for the |
purposes
of this Act, unless the context clearly indicates |
otherwise:
|
(A) "Accurate" means factually correct, containing no |
mistake or error
of a material nature.
|
(B) The phrase "administer the criminal laws" includes any |
of the
following activities: intelligence gathering, |
surveillance, criminal
investigation, crime detection and |
prevention (including research),
apprehension, detention, |
pretrial or post-trial release, prosecution, the
correctional |
supervision or rehabilitation of accused persons or criminal
|
offenders, criminal identification activities, or the |
collection,
maintenance or dissemination of criminal history |
record information.
|
(C) "The Authority" means the Illinois Criminal Justice |
Information
Authority.
|
(D) "Automated" means the utilization of computers, |
telecommunication
lines, or other automatic data processing |
equipment for data collection or
storage, analysis, |
processing, preservation, maintenance, dissemination, or
|
display and is distinguished from a system in which such |
activities are
performed manually.
|
(E) "Complete" means accurately reflecting all the |
criminal history
record information about an individual that is |
required to be reported to
the Department pursuant to Section |
2.1 of the Criminal Identification Act.
|
(F) "Conviction information" means data reflecting a |
judgment of guilt
or nolo contendere. The term includes all |
prior and subsequent criminal
history events directly relating |
to such judgments, such as, but not
limited to: (1) the |
notation of arrest; (2) the notation of charges filed;
(3) the |
|
sentence imposed; (4) the fine imposed; and (5) all related
|
probation, parole, and release information. Information ceases |
to be
"conviction information" when a judgment of guilt is |
reversed or vacated.
|
For purposes of this Act, continuances to a date certain in |
furtherance
of an order of supervision granted under Section |
5-6-1 of the Unified Code
of Corrections or an order of |
probation granted under either Section 10 of
the Cannabis |
Control Act, Section 410 of the Illinois Controlled
Substances |
Act, Section 70 of the Methamphetamine Control and Community |
Protection Act, Section 12-4.3 of the Criminal Code of 1961, |
Section
10-102 of the Illinois Alcoholism and Other Drug |
Dependency Act, Section
40-10 of the Alcoholism and Other Drug |
Abuse and Dependency Act, or Section
10 of the Steroid Control |
Act shall not be deemed "conviction information".
|
(G) "Criminal history record information" means data |
identifiable to an
individual and consisting of descriptions or |
notations of arrests,
detentions, indictments, informations, |
pretrial proceedings, trials, or
other formal events in the |
criminal justice system or descriptions or
notations of |
criminal charges (including criminal violations of local
|
municipal ordinances) and the nature of any disposition arising |
therefrom,
including sentencing, court or correctional |
supervision, rehabilitation and
release. The term does not |
apply to statistical records and reports in
which individual |
are not identified and from which their identities are not
|
ascertainable, or to information that is for criminal |
investigative or
intelligence purposes.
|
(H) "Criminal justice agency" means (1) a government agency |
or any
subunit thereof which is authorized to administer the |
criminal laws and
which allocates a substantial part of its |
annual budget for that purpose,
or (2) an agency supported by |
public funds which is authorized as its
principal function to |
administer the criminal laws and which is officially
designated |
by the Department as a criminal justice agency for purposes of
|
this Act.
|
|
(I) "The Department" means the Illinois Department of State |
Police.
|
(J) "Director" means the Director of the Illinois |
Department of State
Police.
|
(K) "Disseminate" means to disclose or transmit conviction |
information
in any form, oral, written, or otherwise.
|
(L) "Exigency" means pending danger or the threat of |
pending danger to
an individual or property.
|
(M) "Non-criminal justice agency" means a State agency, |
Federal agency,
or unit of local government that is not a |
criminal justice agency. The
term does not refer to private |
individuals, corporations, or
non-governmental agencies or |
organizations.
|
(M-5) "Request" means the submission to the Department, in |
the form and
manner required, the necessary data elements or |
fingerprints, or both, to allow
the Department to initiate a |
search of its criminal history record information
files.
|
(N) "Requester" means any private individual, corporation, |
organization,
employer, employment agency, labor organization, |
or non-criminal justice
agency that has made a request pursuant |
to this Act
to obtain
conviction information maintained in the |
files of the Department of State
Police regarding a particular |
individual.
|
(O) "Statistical information" means data from which the |
identity of an
individual cannot be ascertained, |
reconstructed, or verified and to which
the identity of an |
individual cannot be linked by the recipient of the
|
information.
|
(Source: P.A. 88-368; 88-670, eff. 12-2-94.)
|
Section 926. The State Officers and Employees Money |
Disposition Act is amended by changing Section 2 as follows:
|
(30 ILCS 230/2) (from Ch. 127, par. 171)
|
Sec. 2. Accounts of money received; payment into State |
treasury.
|
|
(a) Every officer, board, commission, commissioner, |
department,
institution, arm or agency brought within the |
provisions of this Act by
Section 1 shall keep in proper books |
a detailed itemized account
of all moneys received for or on |
behalf of the State of Illinois, showing
the date
of receipt, |
the payor, and purpose and amount, and the date and manner
of |
disbursement as hereinafter provided, and, unless a different |
time of
payment is expressly provided by law or by rules or |
regulations promulgated
under subsection (b) of this Section, |
shall pay into the State treasury
the gross amount of money so |
received on the day of actual physical
receipt with respect to |
any single item of receipt exceeding $10,000,
within 24 hours |
of actual physical receipt with respect to an accumulation
of |
receipts of $10,000 or more, or within 48 hours of actual |
physical
receipt with respect to an accumulation of receipts |
exceeding $500 but less
than $10,000, disregarding holidays, |
Saturdays and Sundays, after the receipt
of same, without any |
deduction on account of salaries, fees, costs, charges,
|
expenses or claims of any description whatever; provided that:
|
(1) the provisions of (i) Section 2505-475 of the
|
Department
of Revenue Law (20 ILCS 2505/2505-475), (ii) any |
specific taxing statute
authorizing a claim for
credit |
procedure instead of the actual making of refunds, (iii) |
Section 505 of
the Illinois Controlled Substances
Act, (iv) |
Section 85 of the Methamphetamine Control and Community |
Protection Act, authorizing the Director of
State Police to |
dispose of forfeited property, which includes the sale and
|
disposition of the proceeds of the sale of forfeited |
property, and the
Department of Central Management |
Services to be reimbursed for costs incurred
with the sales |
of forfeited vehicles, boats or aircraft and to pay to bona |
fide
or innocent purchasers, conditional sales vendors or |
mortgagees of such
vehicles, boats or aircraft their |
interest in such vehicles, boats or aircraft,
and (v)
(iv)
|
Section 6b-2 of the State Finance Act,
establishing |
procedures for handling cash receipts from the sale of |
|
pari-mutuel
wagering tickets, shall not be deemed to be in |
conflict with the requirements
of this Section;
|
(2) any fees received by the State
Registrar of Vital |
Records pursuant to the Vital Records Act which are
|
insufficient in amount may be returned by the Registrar as |
provided in that
Act;
|
(3) any fees received by the Department of
Public |
Health under the Food Handling Regulation Enforcement Act |
that are
submitted for renewal of an expired food service |
sanitation manager certificate
may be returned by the |
Director as provided in that Act;
|
(3.5) the State Treasurer may permit the deduction of |
fees by
third-party unclaimed property examiners from the |
property recovered by the
examiners for the State of |
Illinois during examinations of holders located
outside |
the State under which the Office of the Treasurer has |
agreed to pay for
the examinations based upon a percentage, |
set by rule by the State Treasurer in
accordance with the |
Illinois Administrative Procedure Act, of the property
|
recovered during the
examination; and
|
(4) if the amount of money received
does not exceed |
$500, such money may be retained and need not be paid
into |
the State treasury until the total amount of money so |
received
exceeds $500, or until the next succeeding 1st or |
15th day of each month
(or until the next business day if |
these days fall on Sunday or a
holiday), whichever is |
earlier, at which earlier time such money shall
be paid |
into the State treasury, except that if a local bank or |
savings
and loan association account has been authorized by |
law, any balances shall
be paid into the State treasury on |
Monday of each week if more than $500
is to be deposited in |
any fund.
|
Single items of receipt exceeding $10,000 received after 2 p.m. |
on a working
day may be deemed to have been received on the |
next working day for purposes of
fulfilling the requirement |
that the item be deposited on the day of actual
physical |
|
receipt.
|
No money belonging to or left for the use of the State |
shall be expended or
applied except in consequence of an |
appropriation made by law and upon the
warrant of the State |
Comptroller. However, payments made by the Comptroller
to |
persons by direct deposit need not be made upon the warrant of |
the
Comptroller, but if not made upon a warrant, shall be made |
in accordance
with Section 9.02 of the State Comptroller Act. |
All moneys so paid
into the State treasury shall, unless |
required by some statute to be held in
the State treasury in a |
separate or special fund, be covered into the General
Revenue |
Fund in the State treasury. Moneys received
in the form of |
checks, drafts or similar instruments shall be properly
|
endorsed, if necessary, and delivered to the State Treasurer |
for
collection. The State Treasurer shall remit such collected |
funds to the
depositing officer, board, commission, |
commissioner, department,
institution, arm or agency by |
Treasurers Draft or through electronic funds
transfer. The |
draft or notification of the electronic funds
transfer shall be |
provided to the State Comptroller to allow deposit into
the |
appropriate fund.
|
(b) Different time periods for the payment of public funds |
into the State
treasury or to the State Treasurer, in excess of |
the periods established
in subsection (a) of this Section, but |
not in excess of 30 days after receipt
of such funds, may be |
established and revised from time to time by rules or
|
regulations promulgated jointly by the State Treasurer and the |
State
Comptroller in accordance with the Illinois |
Administrative
Procedure Act. The different
time periods |
established by rule or regulation under this subsection may |
vary
according to the nature and amounts of the funds received, |
the locations at
which the funds are received, whether |
compliance with the deposit requirements
specified in |
subsection (a) of this Section would be cost effective, and |
such
other circumstances and conditions as the promulgating |
authorities consider to
be appropriate. The Treasurer and the |
|
Comptroller shall review all such
different time
periods |
established pursuant to this subsection every 2 years from the
|
establishment thereof and upon such review, unless it is |
determined that it
is economically unfeasible for the agency to |
comply with the provisions of
subsection (a), shall repeal such |
different time period.
|
(Source: P.A. 90-37, eff. 6-27-97; 90-655, eff.
7-30-98; |
91-239, eff. 1-1-00; 91-862, eff. 1-1-01.)
|
Section 930. The Counties Code is amended by changing |
Section 5-1103 as follows:
|
(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
|
Sec. 5-1103. Court services fee. A county board may enact |
by ordinance or
resolution a court services fee dedicated to |
defraying court security expenses
incurred by the sheriff in |
providing court services or for any other court
services deemed |
necessary by the sheriff to provide for court security,
|
including without limitation court services provided pursuant |
to Section
3-6023, as now or hereafter amended. Such fee shall |
be paid in civil cases by
each party at the time of filing the |
first pleading, paper or other appearance;
provided that no |
additional fee shall be required if more than one party is
|
represented in a single pleading, paper or other appearance. In |
criminal,
local ordinance, county ordinance, traffic and |
conservation cases, such fee
shall be assessed against the |
defendant upon a plea of guilty, stipulation of
facts or |
findings of guilty, resulting in a judgment of conviction, or |
order of
supervision, or sentence of probation without entry of |
judgment pursuant to
Section 10 of the Cannabis Control Act, |
Section 410 of the Illinois Controlled
Substances Act, Section |
70 of the Methamphetamine Control and Community Protection Act,
|
Section 12-4.3 of the Criminal Code of 1961, Section 10-102 of
|
the Illinois Alcoholism and Other Drug Dependency Act, Section |
40-10 of the
Alcoholism and Other Drug Abuse and Dependency |
Act, or Section 10 of the
Steroid Control Act. In setting such |
|
fee, the county board may impose,
with
the concurrence of the |
Chief Judge of the judicial circuit in which the county
is |
located by administrative order entered by the Chief Judge,
|
differential
rates for the various types or categories of |
criminal and civil cases, but the
maximum rate shall not exceed |
$25.
All proceeds from this fee must be used to defray court |
security expenses
incurred by the sheriff in providing court |
services.
No fee shall be imposed or collected,
however, in |
traffic, conservation, and ordinance cases in which fines are |
paid
without a court appearance. The fees shall be collected in |
the manner in which
all other court fees or costs are collected |
and shall be deposited into the
county general fund for payment |
solely of costs incurred by the sheriff in
providing court |
security or for any other court services deemed necessary by
|
the sheriff to provide for court security.
|
(Source: P.A. 93-558, eff. 12-1-03.)
|
Section 935. The Park District Code is amended by changing |
Section 8-23 as follows:
|
(70 ILCS 1205/8-23)
|
Sec. 8-23. Criminal background investigations.
|
(a) An applicant for employment with a park district is |
required as
a condition of employment to authorize an |
investigation to determine if
the applicant has been convicted |
of any of the enumerated criminal or drug
offenses in |
subsection (c) of this Section or has been
convicted, within 7 |
years of the application for employment with the
park district, |
of any other felony under the laws of this State or of any
|
offense committed or attempted in any other state or against |
the laws of
the United States that, if committed or attempted |
in this State, would
have been punishable as a felony under the |
laws of this State. Authorization
for the
investigation shall |
be furnished by the applicant to the park district.
Upon |
receipt of this authorization, the park district shall submit |
the
applicant's name, sex, race, date of birth, and social |
|
security number to
the Department of State Police on forms |
prescribed by the Department of
State Police. The Department of |
State Police shall conduct a search of the
Illinois criminal |
history records database to ascertain if the applicant being |
considered for
employment has been convicted of committing or |
attempting to commit any of
the enumerated criminal or drug
|
offenses
in subsection (c) of this Section or
has been |
convicted of committing or attempting to commit, within 7 years |
of
the application for employment with
the
park district, any |
other felony under the laws of this State. The
Department
of
|
State Police shall charge the park district a fee for |
conducting the
investigation, which fee shall be deposited in |
the State Police Services
Fund and shall not exceed the cost of |
the inquiry. The applicant shall
not be charged a fee by the |
park district for the investigation.
|
(b) If the search of the Illinois criminal history record |
database
indicates that the applicant has been convicted of |
committing or attempting to
commit any of the enumerated |
criminal or drug offenses in subsection (c) or has
been |
convicted of committing or attempting to commit, within 7 years |
of the
application for employment with the park district, any |
other felony under the
laws of this State, the Department of |
State Police and the Federal Bureau
of
Investigation shall |
furnish, pursuant to
a fingerprint based background check, |
records
of convictions, until expunged, to the
president of the |
park district. Any information concerning the record of
|
convictions obtained by the president shall be confidential and |
may only
be transmitted to those persons who are necessary to |
the decision on whether to
hire the
applicant for employment. A |
copy of the record of convictions obtained
from the Department |
of State Police shall be provided to the applicant for
|
employment. Any person who releases any confidential |
information
concerning any criminal convictions of an |
applicant for employment shall
be guilty of a Class A |
misdemeanor, unless the release of such
information is |
authorized by this Section.
|
|
(c) No park district shall knowingly employ a person who |
has been
convicted for committing attempted first degree murder |
or
for committing
or attempting to commit first degree murder, |
a Class X felony, or any
one or more of the following offenses: |
(i) those defined in Sections 11-6,
11-9, 11-14, 11-15, |
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, |
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the |
Criminal Code of 1961; (ii) those defined in the Cannabis |
Control Act,
except those defined in Sections 4(a), 4(b), and |
5(a) of that Act; (iii) those
defined in the Illinois |
Controlled Substances Act; (iv) those defined in the |
Methamphetamine Control and Community Protection Act; and (v)
|
(iv) any offense
committed or attempted in any other state or |
against the laws of the
United States, which, if committed or |
attempted in this State, would have
been punishable as one or |
more of the foregoing offenses. Further, no
park district shall |
knowingly employ a person who has been found to be
the |
perpetrator of sexual or physical abuse of any minor under 18 |
years
of age pursuant to proceedings under Article II of the |
Juvenile Court Act
of 1987. No park district shall knowingly |
employ a person for whom a
criminal background investigation |
has not been initiated.
|
(Source: P.A. 93-418, eff. 1-1-04.)
|
Section 940. The Chicago Park District Act is amended by |
changing Section 16a-5 as follows:
|
(70 ILCS 1505/16a-5)
|
Sec. 16a-5. Criminal background investigations.
|
(a) An applicant for employment with the Chicago Park |
District is
required as a condition of employment to authorize |
an investigation to
determine if the applicant has been |
convicted of any of the enumerated criminal
or drug
offenses in |
subsection (c) of this Section
or has been convicted, within 7 |
years of the application for employment with
the Chicago Park |
District, of any other felony under the laws of this State or
|
|
of any
offense committed or attempted in any other state or |
against the laws of
the United States that, if committed or |
attempted in this State, would
have been punishable as a felony |
under the laws of this State. Authorization
for the |
investigation shall be furnished by the applicant to the |
Chicago
Park District. Upon receipt of this authorization, the |
Chicago Park
District shall submit the applicant's name, sex, |
race, date of birth, and
social security number to the |
Department of State Police on forms
prescribed by the |
Department of State Police. The Department of State
Police |
shall conduct a search of the Illinois criminal history record
|
information database to ascertain if the applicant being
|
considered for employment has been convicted of committing or |
attempting to
commit any of the enumerated criminal
or drug
|
offenses in subsection (c) of this Section or has been
|
convicted, of committing or attempting to commit within 7 years |
of the
application for employment with the
Chicago Park |
District, any other felony under the laws of this State. The
|
Department of State Police shall charge the Chicago Park |
District a fee
for conducting the investigation, which fee |
shall be deposited in the State
Police Services Fund and shall |
not exceed the cost of the inquiry. The
applicant shall not be |
charged a fee by the Chicago Park District for the
|
investigation.
|
(b) If the search of the Illinois criminal history record |
database
indicates that the applicant has been convicted of |
committing or attempting to
commit any of the enumerated |
criminal or drug offenses in subsection (c) or has
been |
convicted of committing or attempting to commit, within 7 years |
of the
application for employment with the Chicago Park |
District, any other felony
under the laws of this State, the |
Department of State Police and the
Federal Bureau of
|
Investigation shall furnish, pursuant to
a fingerprint based |
background check, records
of convictions, until expunged, to |
the
General Superintendent and Chief Executive Officer of the |
Chicago Park
District. Any information concerning the
record of |
|
convictions obtained by the General Superintendent and Chief
|
Executive Officer shall be confidential and
may only be |
transmitted to those persons who are necessary to the decision |
on
whether to hire the applicant for employment. A copy of the |
record of
convictions
obtained from the Department of State |
Police shall be provided to the
applicant for employment. Any |
person who releases any confidential
information concerning |
any criminal convictions of an applicant for
employment shall |
be guilty of a Class A misdemeanor, unless the release
of such |
information is authorized by this Section.
|
(c) The Chicago Park District may not knowingly employ a |
person
who has been convicted for committing attempted first |
degree murder
or
for committing or attempting to commit first |
degree murder, a Class X felony,
or
any one or more of the |
following offenses: (i) those defined in
Sections 11-6, 11-9, |
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, |
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15,
|
and 12-16 of the Criminal Code of 1961; (ii) those defined in |
the
Cannabis Control Act, except those defined in Sections |
4(a), 4(b), and
5(a) of that Act; (iii) those defined in the |
Illinois Controlled Substances
Act; (iv) those defined in the |
Methamphetamine Control and Community Protection Act; and (v)
|
(iv) any offense committed or attempted in any
other state or
|
against the laws of the United States, which, if committed or |
attempted in
this State, would have been punishable as one or |
more of the foregoing
offenses. Further, the Chicago Park |
District may not knowingly employ a
person who has been found |
to be the perpetrator of sexual or physical
abuse of any minor |
under 18 years of age pursuant to proceedings under
Article II |
of the Juvenile Court Act of 1987. The Chicago Park District
|
may not knowingly employ a person for whom a criminal |
background
investigation has not been initiated.
|
(Source: P.A. 93-418, eff. 1-1-04.)
|
Section 945. The Metropolitan Transit Authority Act is |
amended by changing Section 28b as follows:
|
|
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
|
Sec. 28b. Any person applying for a position as a driver of |
a vehicle
owned by a private carrier company which provides |
public transportation
pursuant to an agreement with the |
Authority shall be required to
authorize an investigation by |
the private carrier company to determine if
the applicant has |
been convicted of any of the following offenses: (i) those
|
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, |
10-4, 10-5,
10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1, |
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
11-21, 11-22, 12-4.3, 12-4.4, 12-4.5,
12-6, 12-7.1, 12-11, |
12-13, 12-14, 12-14.1,
12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
|
20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and |
subsection (b),
clause (1), of Section 12-4 of the Criminal |
Code of 1961; (ii) those
offenses defined in the Cannabis |
Control Act except those offenses defined
in subsections (a) |
and (b) of Section 4, and subsection (a) of Section 5 of
the |
Cannabis Control Act (iii) those offenses defined in the |
Illinois
Controlled Substances Act; (iv) those offenses |
defined in the Methamphetamine Control and Community |
Protection Act; and (v)
(iv) any offense committed or attempted |
in
any other state or against the laws of the United States, |
which if
committed or attempted in this State would be |
punishable as one or more of
the foregoing offenses. Upon |
receipt of this authorization, the private
carrier company |
shall submit the applicant's name, sex, race, date of
birth, |
fingerprints and social security number to the Department of |
State
Police on forms prescribed by the Department. The |
Department of State
Police shall conduct an investigation to |
ascertain if the applicant
has been convicted of any of the |
above enumerated offenses. The Department
shall charge the |
private carrier company a fee for conducting the
investigation, |
which fee shall be deposited in the State Police Services
Fund |
and shall not exceed the cost of the inquiry; and the applicant |
shall not
be charged a fee for such investigation by the |
|
private carrier company.
The Department of State Police shall |
furnish, pursuant to positive
identification, records of |
convictions, until expunged, to the private
carrier company |
which requested the investigation. A copy of the record of
|
convictions obtained from the Department shall be provided to |
the applicant.
Any record of conviction received by the private |
carrier company shall be
confidential. Any person who releases |
any confidential information
concerning any criminal |
convictions of an applicant shall be guilty of a
Class A |
misdemeanor, unless authorized by this Section.
|
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96 .)
|
Section 950. The School Code is amended by changing |
Sections 10-21.9, 10-27.1B, 21-23a, 34-18.5, and 34-84b as |
follows:
|
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
|
Sec. 10-21.9. Criminal history records checks.
|
(a) Certified and noncertified applicants for employment |
with a school
district, except school bus driver applicants, |
are required as a condition
of employment to authorize a |
fingerprint-based criminal history records check to determine |
if such applicants have been convicted of any of
the enumerated |
criminal or drug offenses in subsection (c) of this Section or
|
have been convicted, within 7 years of the application for |
employment with
the
school district, of any other felony under |
the laws of this State or of any
offense committed or attempted |
in any other state or against the laws of
the United States |
that, if committed or attempted in this State, would
have been |
punishable as a felony under the laws of this State.
|
Authorization for the check shall be furnished by the applicant |
to
the school district, except that if the applicant is a |
substitute teacher
seeking employment in more than one school |
district, a teacher seeking
concurrent part-time employment |
positions with more than one school
district (as a reading |
specialist, special education teacher or otherwise),
or an |
|
educational support personnel employee seeking employment |
positions
with more than one district, any such district may |
require the applicant to
furnish authorization for the check to |
the regional superintendent
of the educational service region |
in which are located the school districts
in which the |
applicant is seeking employment as a substitute or concurrent
|
part-time teacher or concurrent educational support personnel |
employee.
Upon receipt of this authorization, the school |
district or the appropriate
regional superintendent, as the |
case may be, shall submit the applicant's
name, sex, race, date |
of birth, social security number, fingerprint images, and other |
identifiers, as prescribed by the Department
of State Police, |
to the Department. The regional
superintendent submitting the |
requisite information to the Department of
State Police shall |
promptly notify the school districts in which the
applicant is |
seeking employment as a substitute or concurrent part-time
|
teacher or concurrent educational support personnel employee |
that the
check of the applicant has been requested. The |
Department of State Police and the Federal Bureau of |
Investigation shall furnish, pursuant to a fingerprint-based |
criminal history records check, records of convictions, until |
expunged, to the president of the school board for the school |
district that requested the check, or to the regional |
superintendent who requested the check.
The
Department shall |
charge
the school district
or the appropriate regional |
superintendent a fee for
conducting such check, which fee shall |
be deposited in the State
Police Services Fund and shall not |
exceed the cost of
the inquiry; and the
applicant shall not be |
charged a fee for such check by the school
district or by the |
regional superintendent. Subject to appropriations for these |
purposes, the State Superintendent of Education shall |
reimburse school districts and regional superintendents for |
fees paid to obtain criminal history records checks under this |
Section.
|
(b)
Any information
concerning the record of convictions |
obtained by the president of the
school board or the regional |
|
superintendent shall be confidential and may
only be |
transmitted to the superintendent of the school district or his
|
designee, the appropriate regional superintendent if the check |
was
requested by the school district, the presidents of the |
appropriate school
boards if the check was requested from the |
Department of State
Police by the regional superintendent, the |
State Superintendent of
Education, the State Teacher |
Certification Board or any other person
necessary to the |
decision of hiring the applicant for employment. A copy
of the |
record of convictions obtained from the Department of State |
Police
shall be provided to the applicant for employment. If a |
check of
an applicant for employment as a substitute or |
concurrent part-time teacher
or concurrent educational support |
personnel employee in more than one
school district was |
requested by the regional superintendent, and the
Department of |
State Police upon a check ascertains that the applicant
has not |
been convicted of any of the enumerated criminal or drug |
offenses
in subsection (c) or has not been convicted, within 7 |
years of the
application for
employment with the
school |
district, of any other felony under the laws of this State or |
of any
offense committed or attempted in any other state or |
against the laws of
the United States that, if committed or |
attempted in this State, would
have been punishable as a felony |
under the laws of this State
and so notifies the regional
|
superintendent, then the
regional superintendent shall issue |
to the applicant a certificate
evidencing that as of the date |
specified by the Department of State Police
the applicant has |
not been convicted of any of the enumerated criminal or
drug |
offenses in subsection (c) or has not been
convicted, within 7 |
years of the application for employment with the
school |
district, of any other felony under the laws of this State or |
of any
offense committed or attempted in any other state or |
against the laws of
the United States that, if committed or |
attempted in this State, would
have been punishable as a felony |
under the laws of this State. The school
board of
any
school |
district
located in the educational service region served by |
|
the regional
superintendent who issues such a certificate to an |
applicant for employment
as a substitute teacher in more than |
one such district may rely on the
certificate issued by the |
regional superintendent to that applicant, or may
initiate its |
own criminal history records check of the applicant through the |
Department of
State Police as provided in subsection (a). Any |
person who releases any
confidential information concerning |
any criminal convictions of an
applicant for employment shall |
be guilty of a Class A misdemeanor, unless
the release of such |
information is authorized by this Section.
|
(c) No school board shall knowingly employ a person who has |
been
convicted for committing attempted first degree murder or |
for committing or
attempting to commit first degree murder or a |
Class X felony or any one or
more of the
following offenses: |
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
|
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, |
11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the |
" Criminal Code of 1961 " ; (ii)
those defined in the " Cannabis |
Control Act " except those defined in Sections
4(a), 4(b) and |
5(a) of that Act; (iii) those defined in the " Illinois
|
Controlled Substances Act " ; (iv) those defined in the |
Methamphetamine Control and Community Protection Act; and (v)
|
(iv) any
offense committed or attempted in
any other state or |
against the laws of the United States, which if
committed or |
attempted in this State, would have been punishable as one or
|
more of the foregoing offenses.
Further, no school board shall |
knowingly employ a person who has been found
to be the |
perpetrator of sexual or physical abuse of any minor under 18 |
years
of age pursuant to proceedings under Article II of the |
Juvenile Court Act of
1987.
|
(d) No school board shall knowingly employ a person for |
whom a criminal
history records check has not been initiated.
|
(e) Upon receipt of the record of a conviction of or a |
finding of child
abuse by a holder of any
certificate issued |
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School |
Code, the appropriate regional superintendent of schools or the
|
|
State Superintendent of Education shall initiate the |
certificate suspension
and revocation proceedings authorized |
by law.
|
(f) After January 1, 1990 the provisions of this Section |
shall apply
to all employees of persons or firms holding |
contracts with any school
district including, but not limited |
to, food service workers, school bus
drivers and other |
transportation employees, who have direct, daily contact
with |
the pupils of any school in such district. For purposes of |
criminal
history records checks on employees of persons or |
firms holding
contracts with more than one school district and |
assigned to more than one
school district, the regional |
superintendent of the educational service
region in which the |
contracting school districts are located may, at the
request of |
any such school district, be responsible for receiving the
|
authorization for a check prepared by each such employee and
|
submitting the same to the Department of State Police. Any |
information
concerning the record of conviction of any such |
employee obtained by the
regional superintendent shall be |
promptly reported to the president of the
appropriate school |
board or school boards.
|
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
|
(105 ILCS 5/10-27.1B)
|
Sec. 10-27.1B. Reporting drug-related incidents in |
schools.
|
(a) In this Section:
|
"Drug" means "cannabis" as defined under subsection (a) of |
Section 3 of the
Cannabis Control Act ,
or "narcotic drug" as |
defined under subsection (aa) of
Section 102
of the Illinois |
Controlled Substances Act , or "methamphetamine" as defined |
under Section 10 of the Methamphetamine Control and Community |
Protection Act .
|
"School" means any public or private elementary or |
secondary school.
|
(b) Upon receipt of any written, electronic, or verbal |
|
report from any
school
personnel regarding a verified incident |
involving drugs in a school or on
school owned or
leased |
property, including any conveyance owned, leased, or used by |
the school
for the
transport of students or school personnel, |
the superintendent or his or her
designee, or other appropriate |
administrative officer for a private school,
shall
report all |
such drug-related incidents occurring in a school or on school
|
property to the
local law enforcement authorities immediately |
and to the Department of State
Police in a
form, manner, and |
frequency as prescribed by the Department of State Police.
|
(c) The State Board of Education shall receive an annual |
statistical
compilation
and related data associated with |
drug-related incidents in schools from the
Department of
State |
Police. The State Board of Education shall compile this |
information by
school
district and make it available to the |
public.
|
(Source: P.A. 91-491, eff. 8-13-99.)
|
(105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
|
Sec. 21-23a. Conviction of sex or narcotics offense, first |
degree murder,
attempted first degree murder, or Class X felony |
as grounds for revocation
of certificate.
|
(a) Whenever the holder of any certificate issued pursuant
|
to this Article has been convicted of any sex offense or |
narcotics offense
as defined in this Section, the regional |
superintendent or the State
Superintendent
of Education shall |
forthwith suspend the certificate. If the conviction
is |
reversed and the holder is acquitted of the offense in a new |
trial or
the charges against him are dismissed, the suspending |
authority shall forthwith
terminate the suspension of the |
certificate. When the conviction becomes
final, the State |
Superintendent of Education shall forthwith revoke the
|
certificate. "Sex offense" as used in this Section means any |
one or more
of the following offenses: (1) any offense defined |
in Sections 11-6 and
11-9 and Sections 11-14 through 11-21, |
inclusive, and Sections
12-13, 12-14,
12-14.1,
12-15 and 12-16 |
|
of the " Criminal Code of 1961 " ; (2) any
attempt to commit any |
of the foregoing offenses, and (3) any offense committed
or |
attempted in any other state which, if committed or attempted |
in this
State, would have been punishable as one or more of the |
foregoing
offenses. "Narcotics offense" as used in this Section
|
means any one or more of the following offenses: (1) any |
offense defined
in the " Cannabis Control Act " except those |
defined in Sections 4(a), 4(b)
and 5(a) of that Act and any |
offense for which the holder of any certificate
is placed on |
probation under the provisions of Section 10 of that Act and
|
fulfills the terms and conditions of probation as may be |
required by the
court; (2) any offense defined in the " Illinois |
Controlled
Substances Act " except any offense for which the |
holder of any certificate
is placed on probation under the |
provisions of Section 410 of that Act and
fulfills the terms |
and conditions of probation as may be required by the
court; |
(3) any offense defined in the Methamphetamine Control and |
Community Protection Act except any offense for which the |
holder of any certificate is placed on probation under the |
provision of Section 70 of that Act and fulfills the terms and |
conditions of probation as may be required by the court; (4)
|
(3) any attempt to commit any of the foregoing offenses; and |
(5)
(4)
any offense committed or attempted in any other state |
or against the laws
of the United States which, if committed or |
attempted in this State, would
have been punishable as one or |
more of the foregoing offenses.
|
(b) Whenever the holder of a certificate issued pursuant to |
this Article
has been convicted of first degree murder, |
attempted first degree murder, or a
Class X felony, the |
regional superintendent or the State Superintendent of
|
Education shall forthwith suspend the certificate. If the |
conviction is
reversed and the holder is acquitted of that |
offense in a new trial or the
charges that he or she committed |
that offense are dismissed, the suspending
authority shall |
forthwith terminate the suspension of the certificate. When
the |
conviction becomes final, the State Superintendent of |
|
Education shall
forthwith revoke the certificate. The stated |
offenses of "first degree
murder", "attempted first degree |
murder", and "Class X felony" referred to in
this Section |
include any offense committed in another state that, if |
committed
in this State, would have been punishable as any one |
of the stated offenses.
|
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; |
89-610, eff.
8-6-96.)
|
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
|
Sec. 34-18.5. Criminal history records checks.
|
(a) Certified and noncertified applicants for
employment |
with the school district are required as a condition of
|
employment to authorize a fingerprint-based criminal history |
records check to determine if such applicants
have been |
convicted of any of the enumerated criminal or drug offenses in
|
subsection (c) of this Section or have been
convicted, within 7 |
years of the application for employment with the
school |
district, of any other felony under the laws of this State or |
of any
offense committed or attempted in any other state or |
against the laws of
the United States that, if committed or |
attempted in this State, would
have been punishable as a felony |
under the laws of this State. Authorization
for the
check shall
|
be furnished by the applicant to the school district, except |
that if the
applicant is a substitute teacher seeking |
employment in more than one
school district, or a teacher |
seeking concurrent part-time employment
positions with more |
than one school district (as a reading specialist,
special |
education teacher or otherwise), or an educational support
|
personnel employee seeking employment positions with more than |
one
district, any such district may require the applicant to |
furnish
authorization for the check to the regional |
superintendent of the
educational service region in which are |
located the school districts in
which the applicant is seeking |
employment as a substitute or concurrent
part-time teacher or |
concurrent educational support personnel employee.
Upon |
|
receipt of this authorization, the school district or the |
appropriate
regional superintendent, as the case may be, shall |
submit the applicant's
name, sex, race, date of birth, social |
security number, fingerprint images, and other identifiers, as |
prescribed by the Department
of State Police, to the |
Department. The regional
superintendent submitting the |
requisite information to the Department of
State Police shall |
promptly notify the school districts in which the
applicant is |
seeking employment as a substitute or concurrent part-time
|
teacher or concurrent educational support personnel employee |
that the
check of the applicant has been requested. The |
Department of State
Police and the Federal Bureau of |
Investigation shall furnish, pursuant to a fingerprint-based |
criminal history records check, records of convictions, until |
expunged, to the president of the school board for the school |
district that requested the check, or to the regional |
superintendent who requested the check. The
Department shall |
charge
the school district
or the appropriate regional |
superintendent a fee for
conducting such check, which fee shall |
be deposited in the State
Police Services Fund and shall not |
exceed the cost of the inquiry; and the
applicant shall not be |
charged a fee for such check by the school
district or by the |
regional superintendent. Subject to appropriations for these |
purposes, the State Superintendent of Education shall |
reimburse the school district and regional superintendent for |
fees paid to obtain criminal history records checks under this |
Section.
|
(b) Any
information concerning the record of convictions |
obtained by the president
of the board of education or the |
regional superintendent shall be
confidential and may only be |
transmitted to the general superintendent of
the school |
district or his designee, the appropriate regional
|
superintendent if the check was requested by the board of |
education
for the school district, the presidents of the |
appropriate board of
education or school boards if the check |
was requested from the
Department of State Police by the |
|
regional superintendent, the State
Superintendent of |
Education, the State Teacher Certification Board or any
other |
person necessary to the decision of hiring the applicant for
|
employment. A copy of the record of convictions obtained from |
the
Department of State Police shall be provided to the |
applicant for
employment. If a check of an applicant for |
employment as a
substitute or concurrent part-time teacher or |
concurrent educational
support personnel employee in more than |
one school district was requested
by the regional |
superintendent, and the Department of State Police upon
a check |
ascertains that the applicant has not been convicted of any
of |
the enumerated criminal or drug offenses in subsection (c) or |
has not been
convicted,
within 7 years of the application for |
employment with the
school district, of any other felony under |
the laws of this State or of any
offense committed or attempted |
in any other state or against the laws of
the United States |
that, if committed or attempted in this State, would
have been |
punishable as a felony under the laws of this State and so
|
notifies the regional superintendent, then the regional |
superintendent
shall issue to the applicant a certificate |
evidencing that as of the date
specified by the Department of |
State Police the applicant has not been
convicted of any of the |
enumerated criminal or drug offenses in subsection
(c) or has |
not been
convicted, within 7 years of the application for |
employment with the
school district, of any other felony under |
the laws of this State or of any
offense committed or attempted |
in any other state or against the laws of
the United States |
that, if committed or attempted in this State, would
have been |
punishable as a felony under the laws of this State. The school
|
board of any school district located
in
the educational
service |
region served by the regional superintendent who issues such a
|
certificate to an applicant for employment as a substitute or |
concurrent
part-time teacher or concurrent educational support |
personnel employee in more
than one such district may rely on |
the certificate issued by the regional
superintendent to that |
applicant, or may initiate its own criminal history records |
|
check of
the applicant through the Department of State Police |
as provided in
subsection (a). Any person who releases any |
confidential information
concerning any criminal convictions |
of an applicant for employment shall be
guilty of a Class A |
misdemeanor, unless the release of such information is
|
authorized by this Section.
|
(c) The board of education shall not knowingly employ a |
person who has
been convicted for committing attempted first |
degree murder or for
committing or attempting to commit first |
degree murder or a Class X felony
or any one or more of the
|
following offenses: (i) those defined in Sections 11-6, 11-9, |
11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, |
11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 |
and 12-16 of the Criminal Code of
1961; (ii) those defined in |
the Cannabis Control Act,
except those defined in Sections |
4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the |
Illinois Controlled Substances Act; (iv) those defined in the |
Methamphetamine Control and Community Protection Act;
and (v)
|
(iv) any
offense committed or attempted in any other state or |
against the laws of
the United States, which if committed or |
attempted in this State, would
have been punishable as one or |
more of the foregoing offenses.
Further, the board of education |
shall not knowingly employ a person who has
been found to be |
the perpetrator of sexual or physical abuse of any minor under
|
18 years of age pursuant to proceedings under Article II of the |
Juvenile Court
Act of 1987.
|
(d) The board of education shall not knowingly employ a |
person for whom
a criminal history records check has not been |
initiated.
|
(e) Upon receipt of the record of a conviction of or a |
finding of child
abuse by a holder of any
certificate issued |
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School |
Code, the board of education or the State Superintendent of
|
Education shall initiate the certificate suspension and |
revocation
proceedings authorized by law.
|
(f) After March 19, 1990, the provisions of this Section |
|
shall apply to
all employees of persons or firms holding |
contracts with any school district
including, but not limited |
to, food service workers, school bus drivers and
other |
transportation employees, who have direct, daily contact with |
the
pupils of any school in such district. For purposes of |
criminal history records checks on employees of persons or |
firms holding contracts with more
than one school district and |
assigned to more than one school district, the
regional |
superintendent of the educational service region in which the
|
contracting school districts are located may, at the request of |
any such
school district, be responsible for receiving the |
authorization for
a check prepared by each such employee and |
submitting the same to the
Department of State Police. Any |
information concerning the record of
conviction of any such |
employee obtained by the regional superintendent
shall be |
promptly reported to the president of the appropriate school |
board
or school boards.
|
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
|
(105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
|
Sec. 34-84b. Conviction of sex or narcotics offense, first |
degree murder,
attempted first degree murder, or Class X felony |
as grounds for
revocation
of certificate.
|
(a) Whenever the holder of any certificate issued by the |
board
of education has been convicted of any sex offense or |
narcotics offense
as defined in this Section, the board of |
education shall forthwith suspend
the certificate. If the |
conviction is reversed and the holder is acquitted
of the |
offense in a new trial or the charges against him are |
dismissed,
the board shall forthwith terminate the suspension |
of the certificate.
When the conviction becomes final, the |
board shall forthwith revoke the
certificate. "Sex offense" as |
used in this Section means any one or more
of the following |
offenses: (1) any offense defined in Sections 11-6 and
11-9 and |
Sections
11-14 through 11-21, inclusive, and Sections 12-13, |
12-14,
12-14.1,
12-15 and 12-16 of the
" Criminal Code of 1961 " ; |
|
(2) any attempt to commit any of the foregoing
offenses, and |
(3) any offense committed or attempted in any other state
|
which, if committed or attempted in this State, would have been |
punishable
as one or more of the foregoing offenses. "Narcotics |
offense" as used in
this Section means any one or more of the |
following offenses: (1) any offense
defined in the " Cannabis |
Control Act " except those defined in Sections 4(a),
4(b) and |
5(a) of that Act and any offense for which the holder of any
|
certificate
is placed on probation under the provisions of |
Section 10 of that Act and
fulfills the terms and conditions of |
probation as may be required by the
court; (2) any offense |
defined in the " Illinois
Controlled Substances Act " except any |
offense for which the holder of any
certificate is placed on |
probation under the provisions of Section 410 of
that Act and |
fulfills the terms and conditions of probation as may be |
required
by the court; (3) any offense defined in the |
Methamphetamine Control and Community Protection Act except |
any offense for which the holder of any certificate is placed |
on probation under the provision of Section 70 of that Act and |
fulfills the terms and conditions of probation as may be |
required by the court; (4)
(3) any attempt to commit any of the |
foregoing
offenses; and (5)
(4) any offense committed or |
attempted in any other state
or against the laws of the United |
States which, if committed or attempted
in this State, would |
have been punishable as one or more of the foregoing
offenses.
|
(b) Whenever the holder of any certificate issued by the |
board of
education or pursuant to Article 21 or any other |
provisions of the School Code
has been convicted of first |
degree
murder, attempted first degree murder, or a
Class X |
felony, the board of education or the State Superintendent of
|
Education shall forthwith suspend the certificate. If the |
conviction is
reversed and the holder is acquitted of that |
offense in a new trial or the
charges that he or she committed |
that offense are dismissed, the suspending
authority shall |
forthwith terminate the suspension of the certificate. When
the |
conviction becomes final, the State Superintendent of |
|
Education shall
forthwith revoke the certificate. The stated |
offenses of "first degree
murder", "attempted first degree |
murder", and "Class X felony" referred to in
this Section |
include any offense committed in another state that, if |
committed
in this State, would have been punishable as any one |
of the stated offenses.
|
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; |
89-610, eff.
8-6-96.)
|
Section 955. The School Reporting of Drug Violations Act is |
amended by changing Section 2 as follows:
|
(105 ILCS 127/2)
|
Sec. 2. Duty of school administrators. It is the duty of |
the principal
of a public elementary or secondary school, or |
his or her designee, and the
chief administrative officer of a |
private elementary or secondary school or a
public or private |
community college, college, or university, or his or her
|
designee, to report to the municipal police
department or |
office of the county sheriff of the municipality or county |
where
the school is located violations of Section 5.2 of the |
Cannabis Control Act ,
and violations of Section 401 and |
subsection (b) of Section 407 of the Illinois
Controlled |
Substances Act , and violations of the Methamphetamine Control |
and Community Protection Act occurring in a school, on the real |
property comprising any school, on a public
way within 1,000 |
feet of a school, or in any conveyance owned, leased, or
|
contracted by a school to transport students to or from school |
or a school
related
activity within 48 hours of
becoming aware |
of the incident.
|
(Source: P.A. 90-395, eff. 8-15-97.)
|
Section 960. The Acupuncture Practice Act is amended by |
changing Section 135 as follows:
|
(225 ILCS 2/135)
|
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 135. Criminal violations. Whoever
knowingly practices |
or offers to practice acupuncture
in this State without being |
licensed for that purpose shall be
guilty of a Class A |
misdemeanor and for each subsequent conviction
shall be guilty |
of a Class 4 felony. Notwithstanding any other
provision of |
this Act, all criminal fines, moneys, or other
property |
collected or received by the Department under this Section
or |
any other State or federal statute, including but not limited
|
to property forfeited to the Department under Section 505 of |
the
Illinois Controlled Substances Act or Section 85 of the |
Methamphetamine Control and Community Protection Act , shall be |
deposited into the
Professional Regulation Evidence Fund.
|
(Source: P.A. 90-61, eff. 7-3-97.)
|
Section 965. The Child Care Act of 1969 is amended by |
changing Section 4.2 as follows:
|
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
|
Sec. 4.2. (a) No applicant may receive a license from the |
Department and
no person may be employed by a licensed child |
care facility who refuses to
authorize an investigation as |
required by Section 4.1.
|
(b) In addition to the other provisions of this Section, no |
applicant
may
receive a license from the Department and no |
person
may be employed by a child care facility licensed by the |
Department who has
been declared a sexually dangerous person |
under "An Act in relation to
sexually dangerous persons, and |
providing for their commitment, detention
and supervision", |
approved July 6, 1938, as amended, or convicted of
committing |
or attempting to commit any of the following offenses |
stipulated
under the Criminal Code of 1961:
|
(1) murder;
|
(1.1) solicitation of murder;
|
(1.2) solicitation of murder for hire;
|
(1.3) intentional homicide of an unborn child;
|
|
(1.4) voluntary manslaughter of an unborn child;
|
(1.5) involuntary manslaughter;
|
(1.6) reckless homicide;
|
(1.7) concealment of a homicidal death;
|
(1.8) involuntary manslaughter of an unborn child;
|
(1.9) reckless homicide of an unborn child;
|
(1.10) drug-induced homicide;
|
(2) a sex offense under Article 11, except offenses |
described in
Sections 11-7, 11-8, 11-12, and 11-13;
|
(3) kidnapping;
|
(3.1) aggravated unlawful restraint;
|
(3.2) forcible detention;
|
(3.3) harboring a runaway;
|
(3.4) aiding and abetting child abduction;
|
(4) aggravated kidnapping;
|
(5) child abduction;
|
(6) aggravated battery of a child;
|
(7) criminal sexual assault;
|
(8) aggravated criminal sexual assault;
|
(8.1) predatory criminal sexual assault of a child;
|
(9) criminal sexual abuse;
|
(10) aggravated sexual abuse;
|
(11) heinous battery;
|
(12) aggravated battery with a firearm;
|
(13) tampering with food, drugs, or cosmetics;
|
(14) drug induced infliction of great bodily harm;
|
(15) hate crime;
|
(16) stalking;
|
(17) aggravated stalking;
|
(18) threatening public officials;
|
(19) home invasion;
|
(20) vehicular invasion;
|
(21) criminal transmission of HIV;
|
(22) criminal abuse or neglect of an elderly or |
disabled person;
|
(23) child abandonment;
|
|
(24) endangering the life or health of a child;
|
(25) ritual mutilation;
|
(26) ritualized abuse of a child;
|
(27) an offense in any other jurisdiction the elements |
of
which are similar and
bear a substantial relationship to |
any of the foregoing offenses.
|
(b-1) In addition to the other provisions of this Section, |
beginning
January 1, 2004, no new applicant and, on the date of
|
licensure renewal, no current licensee may operate or receive a |
license from
the
Department to operate, no person may be |
employed by, and no adult person may
reside in a child care |
facility licensed by the Department who has been
convicted of |
committing or attempting to commit any of the following |
offenses
or an offense in any other jurisdiction the elements |
of which are similar and
bear a substantial relationship to any |
of the following offenses:
|
(I) BODILY HARM
|
(1) Felony aggravated assault.
|
(2) Vehicular endangerment.
|
(3) Felony domestic battery.
|
(4) Aggravated battery.
|
(5) Heinous battery.
|
(6) Aggravated battery with a firearm.
|
(7) Aggravated battery of an unborn child.
|
(8) Aggravated battery of a senior citizen.
|
(9) Intimidation.
|
(10) Compelling organization membership of persons.
|
(11) Abuse and gross neglect of a long term care |
facility resident.
|
(12) Felony violation of an order of protection.
|
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
|
(1) Felony unlawful use of weapons.
|
|
(2) Aggravated discharge of a firearm.
|
(3) Reckless discharge of a firearm.
|
(4) Unlawful use of metal piercing bullets.
|
(5) Unlawful sale or delivery of firearms on the |
premises of any
school.
|
(6) Disarming a police officer.
|
(7) Obstructing justice.
|
(8) Concealing or aiding a fugitive.
|
(9) Armed violence.
|
(10) Felony contributing to the criminal delinquency |
of a juvenile.
|
(III) DRUG OFFENSES
|
(1) Possession of more than 30 grams of cannabis.
|
(2) Manufacture of more than 10 grams of cannabis.
|
(3) Cannabis trafficking.
|
(4) Delivery of cannabis on school grounds.
|
(5) Unauthorized production of more than 5 cannabis |
sativa plants.
|
(6) Calculated criminal cannabis conspiracy.
|
(7) Unauthorized manufacture or delivery of controlled |
substances.
|
(8) Controlled substance trafficking.
|
(9) Manufacture, distribution, or advertisement of |
look-alike
substances.
|
(10) Calculated criminal drug conspiracy.
|
(11) Street gang criminal drug conspiracy.
|
(12) Permitting unlawful use of a building.
|
(13) Delivery of controlled, counterfeit, or |
look-alike substances to
persons under age 18, or at truck |
stops, rest stops, or safety rest areas, or
on school |
property.
|
(14) Using, engaging, or employing persons under 18 to |
deliver
controlled, counterfeit, or look-alike substances.
|
(15) Delivery of controlled substances.
|
|
(16) Sale or delivery of drug paraphernalia.
|
(17) Felony possession, sale, or exchange of |
instruments adapted
for use of a controlled substance , |
methamphetamine, or cannabis by subcutaneous injection.
|
(18) Felony possession of a controlled substance.
|
(19) Any violation of the Methamphetamine Control and |
Community Protection Act.
|
(b-2) For child care facilities other than foster family |
homes,
the Department may issue a new child care facility |
license to or renew the
existing child care facility license of |
an applicant, a person employed by a
child care facility, or an |
applicant who has an adult residing in a home child
care |
facility who was convicted of an offense described in |
subsection (b-1),
provided that all of the following |
requirements are met:
|
(1) The relevant criminal offense occurred more than 5 |
years prior to the
date of application or renewal, except |
for drug offenses. The relevant drug
offense must have |
occurred more than 10 years prior to the date of |
application
or renewal, unless the applicant passed a drug |
test, arranged and paid for by
the child care facility, no |
less than 5 years after the offense.
|
(2) The Department must conduct a background check and |
assess all
convictions and recommendations of the child |
care facility to determine if
waiver shall apply in |
accordance with Department administrative rules and
|
procedures.
|
(3) The applicant meets all other requirements and |
qualifications to be
licensed as the pertinent type of |
child care facility under this Act and the
Department's |
administrative rules.
|
(c) In addition to the other provisions of this Section, no
|
applicant may receive a license from the Department to operate |
a foster family
home, and no adult person may reside in a |
foster family home licensed by the
Department, who has been |
convicted of committing or attempting to commit any of
the |
|
following offenses stipulated under the Criminal Code of 1961, |
the Cannabis
Control Act, the Methamphetamine Control and |
Community Protection Act, and the Illinois Controlled |
Substances Act:
|
(I) OFFENSES DIRECTED AGAINST THE PERSON
|
(A) KIDNAPPING AND RELATED OFFENSES
|
(1) Unlawful restraint.
|
(B) BODILY HARM
|
(2) Felony aggravated assault.
|
(3) Vehicular endangerment.
|
(4) Felony domestic battery.
|
(5) Aggravated battery.
|
(6) Heinous battery.
|
(7) Aggravated battery with a firearm.
|
(8) Aggravated battery of an unborn child.
|
(9) Aggravated battery of a senior citizen.
|
(10) Intimidation.
|
(11) Compelling organization membership of persons.
|
(12) Abuse and gross neglect of a long term care |
facility resident.
|
(13) Felony violation of an order of protection.
|
(II) OFFENSES DIRECTED AGAINST PROPERTY
|
(14) Felony theft.
|
(15) Robbery.
|
(16) Armed robbery.
|
(17) Aggravated robbery.
|
(18) Vehicular hijacking.
|
(19) Aggravated vehicular hijacking.
|
(20) Burglary.
|
(21) Possession of burglary tools.
|
(22) Residential burglary.
|
|
(23) Criminal fortification of a residence or |
building.
|
(24) Arson.
|
(25) Aggravated arson.
|
(26) Possession of explosive or explosive incendiary |
devices.
|
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
|
(27) Felony unlawful use of weapons.
|
(28) Aggravated discharge of a firearm.
|
(29) Reckless discharge of a firearm.
|
(30) Unlawful use of metal piercing bullets.
|
(31) Unlawful sale or delivery of firearms on the |
premises of any school.
|
(32) Disarming a police officer.
|
(33) Obstructing justice.
|
(34) Concealing or aiding a fugitive.
|
(35) Armed violence.
|
(36) Felony contributing to the criminal delinquency |
of a juvenile.
|
(IV) DRUG OFFENSES
|
(37) Possession of more than 30 grams of cannabis.
|
(38) Manufacture of more than 10 grams of cannabis.
|
(39) Cannabis trafficking.
|
(40) Delivery of cannabis on school grounds.
|
(41) Unauthorized production of more than 5 cannabis |
sativa plants.
|
(42) Calculated criminal cannabis conspiracy.
|
(43) Unauthorized manufacture or delivery of |
controlled substances.
|
(44) Controlled substance trafficking.
|
(45) Manufacture, distribution, or advertisement of |
look-alike substances.
|
|
(46) Calculated criminal drug conspiracy.
|
(46.5) Streetgang criminal drug conspiracy.
|
(47) Permitting unlawful use of a building.
|
(48) Delivery of controlled, counterfeit, or |
look-alike substances to
persons under age 18, or at truck |
stops, rest stops, or safety rest areas, or
on school |
property.
|
(49) Using, engaging, or employing persons under 18 to |
deliver controlled,
counterfeit, or look-alike substances.
|
(50) Delivery of controlled substances.
|
(51) Sale or delivery of drug paraphernalia.
|
(52) Felony possession, sale, or exchange of |
instruments adapted for use
of a controlled substance , |
methamphetamine, or cannabis by subcutaneous injection. |
(53) Any violation of the Methamphetamine Control and |
Community Protection Act.
|
(d) Notwithstanding subsection (c), the Department may |
issue a new foster
family home license or may renew an existing
|
foster family home license of an applicant who was convicted of |
an offense
described in subsection (c), provided all of the |
following requirements are
met:
|
(1) The relevant criminal offense or offenses occurred |
more than 10 years
prior to the date of application or |
renewal.
|
(2) The applicant had previously disclosed the |
conviction or convictions
to the Department for purposes of |
a background check.
|
(3) After the disclosure, the Department either placed |
a child in the home
or the foster family home license was |
issued.
|
(4) During the background check, the Department had |
assessed and
waived the conviction in compliance with the |
existing statutes and rules in
effect at the time of the |
waiver.
|
(5) The applicant meets all other requirements and |
qualifications to be
licensed as a foster family home under |
|
this Act and the Department's
administrative
rules.
|
(6) The applicant has a history of providing a safe, |
stable home
environment and appears able to continue to |
provide a safe, stable home
environment.
|
(Source: P.A. 92-328, eff. 1-1-02; 93-151, eff. 7-10-03.)
|
Section 970. The Health Care Worker Background Check Act is |
amended by changing Section 25 as follows:
|
(225 ILCS 46/25)
|
Sec. 25. Persons ineligible to be hired by health care |
employers.
|
(a) After January 1, 1996, or January 1, 1997, as |
applicable, no
health care employer shall knowingly hire, |
employ, or retain any
individual in a position with duties |
involving direct care for clients,
patients, or residents, who |
has been convicted of committing or attempting to
commit one or |
more of the offenses defined in Sections 8-1.1, 8-1.2, 9-1,
|
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1, 10-2, 10-3, |
10-3.1, 10-4,
10-5, 10-7, 11-6, 11-9.1, 11-19.2, 11-20.1, 12-1, |
12-2, 12-3, 12-3.1,
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 12-14, |
12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, |
16-1, 16-1.3,
16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, |
19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 of the |
Criminal Code of 1961; those provided in
Section 4 of the |
Wrongs to Children Act; those provided in Section 53 of the
|
Criminal Jurisprudence Act; those defined in Section 5, 5.1, |
5.2, 7, or 9 of
the Cannabis Control Act; those defined in the |
Methamphetamine Control and Community Protection Act; or those |
defined in Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 |
of the Illinois Controlled Substances Act, unless the
applicant |
or employee obtains a waiver pursuant to Section 40.
|
(a-1) After January 1, 2004, no health care employer shall |
knowingly hire
any individual in a position with duties |
involving direct care for clients,
patients, or residents who |
|
has (i) been convicted of committing or attempting
to commit |
one or more of the offenses defined in Section 12-3.3, |
12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, |
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of |
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card |
and Debit Card Act; or Section 5.1 of the Wrongs to Children |
Act;
or (ii) violated Section 10-5 of the Nursing and Advanced |
Practice Nursing Act.
|
A UCIA criminal history record check need not be redone for |
health care
employees who have been continuously employed by a |
health care employer since
January 1, 2004, but nothing in this |
Section prohibits a health care employer
from initiating a |
criminal history check for these employees.
|
A health care employer is not required to retain an |
individual in a position
with duties involving direct care for |
clients, patients, or residents who has
been convicted of |
committing or attempting to commit one or more of
the offenses |
enumerated in this subsection.
|
(b) A health care employer shall not hire, employ, or |
retain any
individual in a position with duties involving |
direct care of clients,
patients, or residents if the health |
care employer becomes aware that the
individual has been |
convicted in another state of committing or attempting to
|
commit an offense that has the same or similar elements as an |
offense listed in
subsection (a) or (a-1), as verified by court |
records, records from a state
agency, or an FBI criminal |
history record check. This shall not be construed to
mean that |
a health care employer has an obligation to conduct a criminal
|
history records check in other states in which an employee has |
resided.
|
(Source: P.A. 93-224, eff. 7-18-03.)
|
Section 975. The Medical Practice Act of 1987 is amended by |
changing Section 22 as follows:
|
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
|
(Section scheduled to be repealed on January 1, 2007)
|
Sec. 22. Disciplinary action.
|
(A) The Department may revoke, suspend, place on |
probationary
status, or take any other disciplinary action as |
the Department may deem proper
with regard to the license or |
visiting professor permit of any person issued
under this Act |
to practice medicine, or to treat human ailments without the |
use
of drugs and without operative surgery upon any of the |
following grounds:
|
(1) Performance of an elective abortion in any place, |
locale,
facility, or
institution other than:
|
(a) a facility licensed pursuant to the Ambulatory |
Surgical Treatment
Center Act;
|
(b) an institution licensed under the Hospital |
Licensing Act; or
|
(c) an ambulatory surgical treatment center or |
hospitalization or care
facility maintained by the |
State or any agency thereof, where such department
or |
agency has authority under law to establish and enforce |
standards for the
ambulatory surgical treatment |
centers, hospitalization, or care facilities
under its |
management and control; or
|
(d) ambulatory surgical treatment centers, |
hospitalization or care
facilities maintained by the |
Federal Government; or
|
(e) ambulatory surgical treatment centers, |
hospitalization or care
facilities maintained by any |
university or college established under the laws
of |
this State and supported principally by public funds |
raised by
taxation.
|
(2) Performance of an abortion procedure in a wilful |
and wanton
manner on a
woman who was not pregnant at the |
time the abortion procedure was
performed.
|
(3) The conviction of a felony in this or any other
|
jurisdiction, except as
otherwise provided in subsection B |
of this Section, whether or not related to
practice under |
|
this Act, or the entry of a guilty or nolo contendere plea |
to a
felony charge.
|
(4) Gross negligence in practice under this Act.
|
(5) Engaging in dishonorable, unethical or |
unprofessional
conduct of a
character likely to deceive, |
defraud or harm the public.
|
(6) Obtaining any fee by fraud, deceit, or
|
misrepresentation.
|
(7) Habitual or excessive use or abuse of drugs defined |
in law
as
controlled substances, of alcohol, or of any |
other substances which results in
the inability to practice |
with reasonable judgment, skill or safety.
|
(8) Practicing under a false or, except as provided by |
law, an
assumed
name.
|
(9) Fraud or misrepresentation in applying for, or |
procuring, a
license
under this Act or in connection with |
applying for renewal of a license under
this Act.
|
(10) Making a false or misleading statement regarding |
their
skill or the
efficacy or value of the medicine, |
treatment, or remedy prescribed by them at
their direction |
in the treatment of any disease or other condition of the |
body
or mind.
|
(11) Allowing another person or organization to use |
their
license, procured
under this Act, to practice.
|
(12) Disciplinary action of another state or |
jurisdiction
against a license
or other authorization to |
practice as a medical doctor, doctor of osteopathy,
doctor |
of osteopathic medicine or
doctor of chiropractic, a |
certified copy of the record of the action taken by
the |
other state or jurisdiction being prima facie evidence |
thereof.
|
(13) Violation of any provision of this Act or of the |
Medical
Practice Act
prior to the repeal of that Act, or |
violation of the rules, or a final
administrative action of |
the Director, after consideration of the
recommendation of |
the Disciplinary Board.
|
|
(14) Dividing with anyone other than physicians with |
whom the
licensee
practices in a partnership, Professional |
Association, limited liability
company, or Medical or |
Professional
Corporation any fee, commission, rebate or |
other form of compensation for any
professional services |
not actually and personally rendered. Nothing contained
in |
this subsection prohibits persons holding valid and |
current licenses under
this Act from practicing medicine in |
partnership under a partnership
agreement, including a |
limited liability partnership, in a limited liability
|
company under the Limited Liability Company Act, in a |
corporation authorized by
the Medical Corporation Act, as |
an
association authorized by the Professional Association |
Act, or in a
corporation under the
Professional Corporation |
Act or from pooling, sharing, dividing or
apportioning the |
fees and monies received by them or by the partnership,
|
corporation or association in accordance with the |
partnership agreement or the
policies of the Board of |
Directors of the corporation or association. Nothing
|
contained in this subsection prohibits 2 or more |
corporations authorized by the
Medical Corporation Act, |
from forming a partnership or joint venture of such
|
corporations, and providing medical, surgical and |
scientific research and
knowledge by employees of these |
corporations if such employees are licensed
under this Act, |
or from pooling, sharing, dividing, or apportioning the |
fees
and monies received by the partnership or joint |
venture in accordance with the
partnership or joint venture |
agreement. Nothing contained in this subsection
shall |
abrogate the right of 2 or more persons, holding valid and |
current
licenses under this Act, to each receive adequate |
compensation for concurrently
rendering professional |
services to a patient and divide a fee; provided, the
|
patient has full knowledge of the division, and, provided, |
that the division is
made in proportion to the services |
performed and responsibility assumed by
each.
|
|
(15) A finding by the Medical Disciplinary Board that |
the
registrant after
having his or her license placed on |
probationary status or subjected to
conditions or |
restrictions violated the terms of the probation or failed |
to
comply with such terms or conditions.
|
(16) Abandonment of a patient.
|
(17) Prescribing, selling, administering, |
distributing, giving
or
self-administering any drug |
classified as a controlled substance (designated
product) |
or narcotic for other than medically accepted therapeutic
|
purposes.
|
(18) Promotion of the sale of drugs, devices, |
appliances or
goods provided
for a patient in such manner |
as to exploit the patient for financial gain of
the |
physician.
|
(19) Offering, undertaking or agreeing to cure or treat
|
disease by a secret
method, procedure, treatment or |
medicine, or the treating, operating or
prescribing for any |
human condition by a method, means or procedure which the
|
licensee refuses to divulge upon demand of the Department.
|
(20) Immoral conduct in the commission of any act |
including,
but not limited to, commission of an act of |
sexual misconduct related to the
licensee's
practice.
|
(21) Wilfully making or filing false records or reports |
in his
or her
practice as a physician, including, but not |
limited to, false records to
support claims against the |
medical assistance program of the Department of
Public Aid |
under the Illinois Public Aid Code.
|
(22) Wilful omission to file or record, or wilfully |
impeding
the filing or
recording, or inducing another |
person to omit to file or record, medical
reports as |
required by law, or wilfully failing to report an instance |
of
suspected abuse or neglect as required by law.
|
(23) Being named as a perpetrator in an indicated |
report by
the Department
of Children and Family Services |
under the Abused and Neglected Child Reporting
Act, and |
|
upon proof by clear and convincing evidence that the |
licensee has
caused a child to be an abused child or |
neglected child as defined in the
Abused and Neglected |
Child Reporting Act.
|
(24) Solicitation of professional patronage by any
|
corporation, agents or
persons, or profiting from those |
representing themselves to be agents of the
licensee.
|
(25) Gross and wilful and continued overcharging for
|
professional services,
including filing false statements |
for collection of fees for which services are
not rendered, |
including, but not limited to, filing such false statements |
for
collection of monies for services not rendered from the |
medical assistance
program of the Department of Public Aid |
under the Illinois Public Aid
Code.
|
(26) A pattern of practice or other behavior which
|
demonstrates incapacity
or incompetence to practice under |
this Act.
|
(27) Mental illness or disability which results in the
|
inability to
practice under this Act with reasonable |
judgment, skill or safety.
|
(28) Physical illness, including, but not limited to,
|
deterioration through
the aging process, or loss of motor |
skill which results in a physician's
inability to practice |
under this Act with reasonable judgment, skill or
safety.
|
(29) Cheating on or attempt to subvert the licensing
|
examinations
administered under this Act.
|
(30) Wilfully or negligently violating the |
confidentiality
between
physician and patient except as |
required by law.
|
(31) The use of any false, fraudulent, or deceptive |
statement
in any
document connected with practice under |
this Act.
|
(32) Aiding and abetting an individual not licensed |
under this
Act in the
practice of a profession licensed |
under this Act.
|
(33) Violating state or federal laws or regulations |
|
relating
to controlled
substances.
|
(34) Failure to report to the Department any adverse |
final
action taken
against them by another licensing |
jurisdiction (any other state or any
territory of the |
United States or any foreign state or country), by any peer
|
review body, by any health care institution, by any |
professional society or
association related to practice |
under this Act, by any governmental agency, by
any law |
enforcement agency, or by any court for acts or conduct |
similar to acts
or conduct which would constitute grounds |
for action as defined in this
Section.
|
(35) Failure to report to the Department surrender of a
|
license or
authorization to practice as a medical doctor, a |
doctor of osteopathy, a
doctor of osteopathic medicine, or |
doctor
of chiropractic in another state or jurisdiction, or |
surrender of membership on
any medical staff or in any |
medical or professional association or society,
while |
under disciplinary investigation by any of those |
authorities or bodies,
for acts or conduct similar to acts |
or conduct which would constitute grounds
for action as |
defined in this Section.
|
(36) Failure to report to the Department any adverse |
judgment,
settlement,
or award arising from a liability |
claim related to acts or conduct similar to
acts or conduct |
which would constitute grounds for action as defined in |
this
Section.
|
(37) Failure to transfer copies of medical records as |
required
by law.
|
(38) Failure to furnish the Department, its |
investigators or
representatives, relevant information, |
legally requested by the Department
after consultation |
with the Chief Medical Coordinator or the Deputy Medical
|
Coordinator.
|
(39) Violating the Health Care Worker Self-Referral
|
Act.
|
(40) Willful failure to provide notice when notice is |
|
required
under the
Parental Notice of Abortion Act of 1995.
|
(41) Failure to establish and maintain records of |
patient care and
treatment as required by this law.
|
(42) Entering into an excessive number of written |
collaborative
agreements with licensed advanced practice |
nurses resulting in an inability to
adequately collaborate |
and provide medical direction.
|
(43) Repeated failure to adequately collaborate with |
or provide medical
direction to a licensed advanced |
practice nurse.
|
All proceedings to suspend,
revoke, place on probationary |
status, or take any
other disciplinary action as the Department |
may deem proper, with regard to a
license on any of the |
foregoing grounds, must be commenced within 3 years next
after |
receipt by the Department of a complaint alleging the |
commission of or
notice of the conviction order for any of the |
acts described herein. Except
for the grounds numbered (8), (9) |
and (29), no action shall be commenced more
than 5 years after |
the date of the incident or act alleged to have violated
this |
Section. In the event of the settlement of any claim or cause |
of action
in favor of the claimant or the reduction to final |
judgment of any civil action
in favor of the plaintiff, such |
claim, cause of action or civil action being
grounded on the |
allegation that a person licensed under this Act was negligent
|
in providing care, the Department shall have an additional |
period of one year
from the date of notification to the |
Department under Section 23 of this Act
of such settlement or |
final judgment in which to investigate and
commence formal |
disciplinary proceedings under Section 36 of this Act, except
|
as otherwise provided by law. The time during which the holder |
of the license
was outside the State of Illinois shall not be |
included within any period of
time limiting the commencement of |
disciplinary action by the Department.
|
The entry of an order or judgment by any circuit court |
establishing that any
person holding a license under this Act |
is a person in need of mental treatment
operates as a |
|
suspension of that license. That person may resume their
|
practice only upon the entry of a Departmental order based upon |
a finding by
the Medical Disciplinary Board that they have been |
determined to be recovered
from mental illness by the court and |
upon the Disciplinary Board's
recommendation that they be |
permitted to resume their practice.
|
The Department may refuse to issue or take disciplinary |
action concerning the license of any person
who fails to file a |
return, or to pay the tax, penalty or interest shown in a
filed |
return, or to pay any final assessment of tax, penalty or |
interest, as
required by any tax Act administered by the |
Illinois Department of Revenue,
until such time as the |
requirements of any such tax Act are satisfied as
determined by |
the Illinois Department of Revenue.
|
The Department, upon the recommendation of the |
Disciplinary Board, shall
adopt rules which set forth standards |
to be used in determining:
|
(a) when a person will be deemed sufficiently |
rehabilitated to warrant the
public trust;
|
(b) what constitutes dishonorable, unethical or |
unprofessional conduct of
a character likely to deceive, |
defraud, or harm the public;
|
(c) what constitutes immoral conduct in the commission |
of any act,
including, but not limited to, commission of an |
act of sexual misconduct
related
to the licensee's |
practice; and
|
(d) what constitutes gross negligence in the practice |
of medicine.
|
However, no such rule shall be admissible into evidence in |
any civil action
except for review of a licensing or other |
disciplinary action under this Act.
|
In enforcing this Section, the Medical Disciplinary Board,
|
upon a showing of a possible violation, may compel any |
individual licensed to
practice under this Act, or who has |
applied for licensure or a permit
pursuant to this Act, to |
submit to a mental or physical examination, or both,
as |
|
required by and at the expense of the Department. The examining |
physician
or physicians shall be those specifically designated |
by the Disciplinary Board.
The Medical Disciplinary Board or |
the Department may order the examining
physician to present |
testimony concerning this mental or physical examination
of the |
licensee or applicant. No information shall be excluded by |
reason of
any common
law or statutory privilege relating to |
communication between the licensee or
applicant and
the |
examining physician.
The individual to be examined may have, at |
his or her own expense, another
physician of his or her choice |
present during all aspects of the examination.
Failure of any |
individual to submit to mental or physical examination, when
|
directed, shall be grounds for suspension of his or her license |
until such time
as the individual submits to the examination if |
the Disciplinary Board finds,
after notice and hearing, that |
the refusal to submit to the examination was
without reasonable |
cause. If the Disciplinary Board finds a physician unable
to |
practice because of the reasons set forth in this Section, the |
Disciplinary
Board shall require such physician to submit to |
care, counseling, or treatment
by physicians approved or |
designated by the Disciplinary Board, as a condition
for |
continued, reinstated, or renewed licensure to practice. Any |
physician,
whose license was granted pursuant to Sections 9, |
17, or 19 of this Act, or,
continued, reinstated, renewed, |
disciplined or supervised, subject to such
terms, conditions or |
restrictions who shall fail to comply with such terms,
|
conditions or restrictions, or to complete a required program |
of care,
counseling, or treatment, as determined by the Chief |
Medical Coordinator or
Deputy Medical Coordinators, shall be |
referred to the Director for a
determination as to whether the |
licensee shall have their license suspended
immediately, |
pending a hearing by the Disciplinary Board. In instances in
|
which the Director immediately suspends a license under this |
Section, a hearing
upon such person's license must be convened |
by the Disciplinary Board within 15
days after such suspension |
and completed without appreciable delay. The
Disciplinary |
|
Board shall have the authority to review the subject |
physician's
record of treatment and counseling regarding the |
impairment, to the extent
permitted by applicable federal |
statutes and regulations safeguarding the
confidentiality of |
medical records.
|
An individual licensed under this Act, affected under this |
Section, shall be
afforded an opportunity to demonstrate to the |
Disciplinary Board that they can
resume practice in compliance |
with acceptable and prevailing standards under
the provisions |
of their license.
|
The Department may promulgate rules for the imposition of |
fines in
disciplinary cases, not to exceed $5,000 for each |
violation of this Act. Fines
may be imposed in conjunction with |
other forms of disciplinary action, but
shall not be the |
exclusive disposition of any disciplinary action arising out
of |
conduct resulting in death or injury to a patient. Any funds |
collected from
such fines shall be deposited in the Medical |
Disciplinary Fund.
|
(B) The Department shall revoke the license or visiting
|
permit of any person issued under this Act to practice medicine |
or to treat
human ailments without the use of drugs and without |
operative surgery, who
has been convicted a second time of |
committing any felony under the
Illinois Controlled Substances |
Act or the Methamphetamine Control and Community Protection |
Act , or who has been convicted a second time of
committing a |
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois |
Public
Aid Code. A person whose license or visiting permit is |
revoked
under
this subsection B of Section 22 of this Act shall |
be prohibited from practicing
medicine or treating human |
ailments without the use of drugs and without
operative |
surgery.
|
(C) The Medical Disciplinary Board shall recommend to the
|
Department civil
penalties and any other appropriate |
discipline in disciplinary cases when the
Board finds that a |
physician willfully performed an abortion with actual
|
knowledge that the person upon whom the abortion has been |
|
performed is a minor
or an incompetent person without notice as |
required under the Parental Notice
of Abortion Act of 1995. |
Upon the Board's recommendation, the Department shall
impose, |
for the first violation, a civil penalty of $1,000 and for a |
second or
subsequent violation, a civil penalty of $5,000.
|
(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, |
eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
Section 980. The Naprapathic Practice Act is amended by |
changing Section 123 as follows:
|
(225 ILCS 63/123)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 123. Violation; penalty. Whoever knowingly practices |
or offers to
practice naprapathy in this State without being |
licensed for that purpose shall
be guilty of a Class A |
misdemeanor and for each subsequent conviction shall be
guilty |
of a Class 4 felony. Notwithstanding any other provision of |
this Act,
all criminal fines, moneys, or other property |
collected or received by the
Department under this Section or |
any other State or federal statute, including,
but not limited |
to, property forfeited to the Department under Section 505 of
|
the Illinois Controlled Substances Act or Section 85 of the |
Methamphetamine Control and Community Protection Act , shall be |
deposited into the
Professional Regulation Evidence Fund.
|
(Source: P.A. 89-61, eff. 6-30-95.)
|
Section 985. The Nursing and Advanced Practice Nursing Act |
is amended by changing Section 20-75 as follows:
|
(225 ILCS 65/20-75)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 20-75. Injunctive remedies.
|
(a) If any person violates the provision of this Act,
the
|
Director may, in the name of the People of the State of |
Illinois, through
the Attorney General of the State of |
|
Illinois, or the State's Attorney of
any county in which the |
action is brought, petition for an order enjoining
such |
violation or for an order enforcing compliance with this Act. |
Upon
the filing of a verified petition in court, the court may |
issue a temporary
restraining order, without notice or bond, |
and may preliminarily and
permanently enjoin such violation, |
and if it is established that such
person has violated or is |
violating the injunction, the court may punish
the offender for |
contempt of court. Proceedings under this Section shall
be in |
addition to, and not in lieu of, all other remedies and |
penalties
provided by this Act.
|
(b) If any person shall practice as a nurse or hold herself |
or himself
out as a nurse without being licensed under the |
provisions of this Act,
then any licensed nurse, any interested |
party, or any person injured
thereby may, in addition to the |
Director, petition for relief as provided
in subsection (a) of |
this Section.
|
Whoever knowingly practices or offers to practice nursing |
in this State
without a license for that purpose shall be |
guilty of a Class A misdemeanor
and for each subsequent |
conviction, shall be guilty of a Class 4 felony.
All criminal |
fines, monies, or other property collected or received by
the |
Department under this Section or any other State or federal |
statute,
including, but not limited to, property forfeited to |
the Department under
Section 505 of the Illinois Controlled |
Substances Act or Section 85 of the Methamphetamine Control and |
Community Protection Act , shall be deposited
into the |
Professional Regulation Evidence Fund.
|
(c) Whenever in the opinion of the Department any person |
violates any
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against him. The rule
shall clearly set forth the |
grounds relied upon by the Department and shall
provide a |
period of 7 days from the date of the rule to file an answer to
|
the satisfaction of the Department. Failure to answer to the |
satisfaction
of the Department shall cause an order to cease |
|
and desist to be issued
forthwith.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
Section 990. The Illinois Optometric Practice Act of 1987 |
is amended by changing Section 26.1 as follows:
|
(225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
|
(Section scheduled to be repealed on January 1, 2007)
|
Sec. 26.1. Injunctions; criminal offenses; cease and |
desist orders.
|
(a) If any person violates the provision of this Act, the
|
Director may, in the name of the People of the State of |
Illinois, through
the Attorney General of the State of |
Illinois, or the State's Attorney of
any county in which the |
action is brought, petition for an order enjoining
such |
violation or for an order enforcing compliance with this Act. |
Upon
the filing of a verified petition in court, the court may |
issue a temporary
restraining order, without notice or bond, |
and may preliminarily and
permanently enjoin such violation, |
and if it is established that such
person has violated or is |
violating the injunction, the Court may punish
the offender for |
contempt of court. Proceedings under this Section shall
be in |
addition to, and not in lieu of, all other remedies and |
penalties
provided by this Act.
|
(b) If any person shall practice as an optometrist or hold |
himself or
herself out as
an optometrist without being licensed |
under the provisions of this Act
then any licensed optometrist, |
any interested party or any person injured
thereby may, in |
addition to the Director, petition for relief as provided
in |
subsection (a) of this Section.
|
Whoever knowingly practices or offers to practice |
optometry in this State
without being licensed for that purpose |
shall be guilty of a Class A
misdemeanor and for each |
subsequent conviction, shall be guilty of a Class
4 felony. |
Notwithstanding any other provision of this Act, all
criminal |
fines, monies, or other property collected or received by
the |
|
Department under this Section or any other State or federal |
statute,
including, but not limited to, property forfeited to |
the Department under
Section 505 of the Illinois Controlled |
Substances Act or Section 85 of the Methamphetamine Control and |
Community Protection Act , shall be deposited
into the |
Professional Regulation Evidence Fund.
|
(c) Whenever in the opinion of the Department any person |
violates any
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against him. The rule shall
clearly set forth the |
grounds relied upon by the Department and shall
provide a |
period of 7 days from the date of the rule to file an answer to
|
the satisfaction of the Department. Failure to answer to the |
satisfaction
of the Department shall cause an order to cease |
and desist to be issued
forthwith.
|
(Source: P.A. 89-702, eff. 7-1-97.)
|
Section 995. The Podiatric Medical Practice Act of 1987 is |
amended by changing Section 41 as follows:
|
(225 ILCS 100/41) (from Ch. 111, par. 4841)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 41. Violations. Any person who is found to have |
violated any
provisions of this Act is guilty of a Class A |
misdemeanor.
All criminal fines, monies, or other property |
collected or received by
the Department under this Section or |
any other State or federal statute,
including, but not limited |
to, property forfeited to the Department under
Section 505 of |
The Illinois Controlled Substances Act or Section 85 of the |
Methamphetamine Control and Community Protection Act , shall be |
deposited
into the Professional Regulation Evidence Fund.
|
The Board, with the advice of the Director and attorneys |
for the
Department, may establish by rule a schedule of fines |
payable by those who
have violated any provisions of this Act.
|
Fines assessed and collected for violations of this Act |
shall be
deposited in the Illinois State Podiatric Medical |
|
Disciplinary Fund.
|
(Source: P.A. 86-685.)
|
Section 1000. The Veterinary Medicine and Surgery Practice |
Act of 2004 is amended by changing Section 25.16 as follows:
|
(225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 25.16. Any person who is found to have violated any |
provision of this
Act is guilty of a Class A misdemeanor. On |
conviction of a second or
subsequent offense, the violator |
shall be guilty of a Class 4 felony.
All criminal fines, |
monies, or other property collected or received by
the |
Department under this Section or any other State or federal |
statute,
including, but not limited to, property forfeited to |
the Department under
Section 505 of The Illinois Controlled |
Substances Act or Section 85 of the Methamphetamine Control and |
Community Protection Act , shall be deposited
into the |
Professional Regulation Evidence Fund.
|
(Source: P.A. 86-685 .)
|
Section 1005. The Wholesale Drug Distribution Licensing |
Act is amended by changing Sections 55 and 170 as follows:
|
(225 ILCS 120/55) (from Ch. 111, par. 8301-55)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 55. Discipline; grounds.
|
(a) The Department may refuse to issue, restore, or renew, |
or may revoke,
suspend, place on probation, reprimand or take |
other disciplinary action as
the Department may deem proper for |
any of the following reasons:
|
(1) Violation of this Act or its rules.
|
(2) Aiding or assisting another person in violating any |
provision of
this Act or its rules.
|
(3) Failing, within 60 days, to respond to a written |
requirement made by
the Department for information.
|
|
(4) Engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public. This includes
violations of |
"good faith" as defined by the Illinois Controlled |
Substances
Act and applies to all prescription drugs.
|
(5) Discipline by another U.S. jurisdiction or foreign |
nation, if at
least one of the grounds for the discipline |
is the same or substantially
equivalent to those set forth |
in this Act.
|
(6) Selling or engaging in the sale of drug samples |
provided at no cost
by drug manufacturers.
|
(7) Conviction of the applicant or licensee, or any |
officer, director,
manager or shareholder who owns more |
than 5% of stock, in State or federal
court of any crime |
that is a felony.
|
(8) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in the
inability to function with reasonable |
judgment, skill, or safety.
|
(b) The Department may refuse to issue, restore, or renew, |
or may
revoke, suspend, place on probation, reprimand or take |
other disciplinary
action as the Department may deem property |
including fines not to exceed
$1000 for any of the following |
reasons:
|
(1) Material misstatement in furnishing information to |
the Department.
|
(2) Making any misrepresentation for the purpose of |
obtaining a license.
|
(3) A finding by the Department that the licensee, |
after having his
or her license placed on probationary |
status, has violated the terms of
probation.
|
(4) A finding that licensure or registration has been |
applied for or
obtained by fraudulent means.
|
(5) Willfully making or filing false records or |
reports.
|
(6) A finding of a substantial discrepancy in a |
|
Department audit
of a prescription drug, including a |
controlled substance as that term is
defined in this Act or |
in the Illinois Controlled Substances Act.
|
(c) The Department may refuse to issue or may suspend the |
license or
registration of any person who fails to file a |
return, or to pay the tax,
penalty or interest shown in a filed |
return, or to pay any final assessment
of tax, penalty or |
interest, as required by any tax Act administered by the
|
Illinois Department of Revenue, until the time the requirements |
of
the tax Act are satisfied.
|
(d) The Department shall revoke the license or certificate |
of
registration issued under this Act or any prior Act of
this |
State of any person who has been convicted a second time of |
committing
any felony under the Illinois Controlled Substances |
Act or the Methamphetamine Control and Community Protection Act
|
or who
has been convicted a second time of committing a Class 1 |
felony under
Sections 8A-3 and 8A-6 of the Illinois Public Aid |
Code. A
person whose license or certificate of registration |
issued under
this Act or any prior Act of this State is revoked |
under this
subsection (c) shall be prohibited from engaging in |
the practice of
pharmacy in this State.
|
(Source: P.A. 87-594.)
|
(225 ILCS 120/170) (from Ch. 111, par. 8301-170)
|
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 170. Penalties. Any person who is found to have |
violated
any provision of this Act is guilty of a Class A |
misdemeanor. On
conviction of a second or subsequent offense, |
the violator shall
be guilty of a Class 4 felony. All criminal |
fines, monies, or
property collected or received by the |
Department under this Section
or any other State or federal |
statute, including, but not limited
to, property forfeited to |
the Department under Section 505 of the
Illinois Controlled |
Substances Act or Section 85 of the Methamphetamine Control and |
Community Protection Act , shall be deposited into the
|
Professional Regulation Evidence Fund.
|
|
(Source: P.A. 87-594.)
|
Section 1010. The Illinois Public Aid Code is amended by |
changing Section 1-10 as follows:
|
(305 ILCS 5/1-10)
|
Sec. 1-10. Drug convictions.
|
(a) Persons convicted of an offense under the Illinois |
Controlled Substances
Act ,
or the Cannabis Control Act , or the |
Methamphetamine Control and Community Protection Act which is a |
Class X felony, or a Class 1 felony,
or comparable federal |
criminal law which has as an element the
possession, use, or |
distribution of a controlled substance, as defined in
Section |
102(6) of the federal Controlled Substances Act (21 U.S.C. |
802(c)),
shall not be eligible for cash assistance provided |
under this Code.
|
(b) Persons convicted of
any other felony under the |
Illinois Controlled Substances Act ,
or the Cannabis
Control |
Act , or the Methamphetamine Control and Community Protection |
Act which is not a Class X or Class 1 felony, or comparable
|
federal criminal law which has as an element the possession, |
use, or
distribution of a
controlled substance, as defined in |
Section 102(6) of the federal Controlled
Substances Act (21 |
U.S.C. 802(c)), shall not be eligible for cash assistance
|
provided under this Code for 2 years from the date of |
conviction. This
prohibition shall not apply if the person is |
in a drug treatment program,
aftercare program, or similar |
program as defined by rule.
|
(c) Persons shall not be determined ineligible for food |
stamps provided
under this Code based upon a conviction of any |
felony or comparable federal or
State criminal law which has an |
element the possession, use or distribution of
a controlled |
substance, as defined in Section 102(6) of the federal |
Controlled
Substance
Act (21 U.S.C. 802(c)).
|
(Source: P.A. 90-17, eff. 7-1-97.)
|
|
Section 1015. The Housing Authorities Act is amended by |
changing Section 8.1a as follows:
|
(310 ILCS 10/8.1a) (from Ch. 67 1/2, par. 8.1a)
|
Sec. 8.1a. Police powers.
|
(a) A Housing Authority in any municipality having over |
500,000
inhabitants has power to police its property and to |
exercise police powers
for the protection of the persons and |
property of its residents, employees
and visitors, for the |
enforcement of any rule or regulation adopted by the
Authority, |
and in furtherance of the purposes for which such Authority was
|
organized.
In particular, and subject to amounts appropriated
|
for that purpose, the Housing Authority in exercising its |
police powers shall
strive to eliminate or reduce the
following |
activities within the property or facilities
of the Authority: |
streetgang-related activities (as defined in the Illinois
|
Streetgang Terrorism Omnibus Prevention Act), illegal |
activities involving
controlled substances (as defined in the |
Illinois Controlled Substances Act),
illegal activities |
involving cannabis (as defined in the Cannabis Control Act), |
illegal activities involving methamphetamine (as defined in |
the Methamphetamine Control and Community Protection Act),
and
|
illegal activities involving firearms.
Such Authority has |
power to establish, appoint and support a
police force for such |
purposes.
|
(b) A Housing Authority in a municipality having 500,000 or |
fewer
inhabitants may establish, appoint, and support a police |
force to police the
Authority's property, to protect the |
persons and property of the Authority's
residents, employees, |
and visitors, to enforce the Authority's adopted rules
and |
regulations, and to otherwise further the purposes for which |
the Authority
was organized. A police force may be established |
under this subsection only
with the approval of the mayor or |
president of the municipality and only if, in
the opinion of |
the Authority and the mayor or president, the severity of
|
streetgang-related activities (as defined in the Illinois |
|
Streetgang Terrorism
Omnibus Prevention Act), illegal |
activities involving controlled substances (as
defined in the |
Illinois Controlled Substances Act), illegal activities
|
involving cannabis (as defined in the Cannabis Control Act), |
illegal activities involving methamphetamine (as defined in |
the Methamphetamine Control and Community Protection Act), or |
illegal
activities
involving firearms makes the establishment |
of a police force desirable.
|
(c) Members of a Housing Authority police force shall be
|
conservators of the peace and shall have all powers possessed |
by the police
of cities, and sheriffs, including the power to |
make arrests for violations
of federal and state statutes, city |
and county ordinances, and rules and
regulations of the |
Authority and governing federal agencies; provided, that
they |
may exercise such powers only within the
property or facilities |
of such Authority, and only (i) when such
exercise is |
appropriate for the protection of Authority properties and
|
interests, or its residents, employees and visitors, or (ii)
|
otherwise,
within the municipality in which the Authority |
operates, when specifically
requested by appropriate
federal, |
state and local law enforcement officials.
Unless expressly |
limited by the Authority, when outside the property or
|
facilities of the Authority, the members of the police force |
shall have the
same powers as those conferred on the police of |
organized cities and
villages when acting outside of the |
territorial limits of their city or
village. "Property or |
facilities of the Authority" means property owned or
leased by |
the Authority and property over which the Authority has |
easement
rights.
The Authority shall
establish minimum |
standards for selection and training of members of such
police |
force, provided that the members of such police force
shall be
|
certified and trained under the provisions of the Illinois |
Police Training
Act, as now or hereafter amended. The members |
of such police
force may serve and execute civil process. The |
establishment
of such a police force shall not affect the power |
of the Authority to use
or employ other security personnel as |
|
permitted by law. Neither the
Authority, the members of its |
Board nor its officers or employees shall be
held liable for |
failure to provide a security or police force or, if a
security |
or police force is provided, for failure to provide adequate
|
police protection or security, failure to prevent the |
commission of crimes
or failure to apprehend criminals.
|
(Source: P.A. 89-351, eff. 1-1-96.)
|
Section 1020. The Abandoned Housing Rehabilitation Act is |
amended by changing Section 2 as follows:
|
(310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
|
Sec. 2. Definitions. As used in this Act:
|
(a) "Property" means any residential real estate which has |
been continuously unoccupied by
persons legally in possession |
for the preceding 1 year.
|
(b) "Nuisance" means any property which because of its |
physical
condition or use is a public nuisance, or any property
|
which constitutes a blight on the surrounding area, or any |
property which
is not fit for human habitation under the |
applicable fire, building and
housing codes.
"Nuisance" also |
means any property on which any illegal activity involving
|
controlled substances (as defined in the Illinois Controlled |
Substances Act) , methamphetamine (as defined in the |
Methamphetamine Control and Community Protection Act), or
|
cannabis (as defined in the Cannabis Control Act) takes place |
or any property
on which any streetgang-related activity (as |
defined in the Illinois Streetgang
Terrorism Omnibus |
Prevention Act) takes place.
|
(c) "Organization" means any Illinois corporation, agency, |
partnership,
association, firm or other entity consisting of 2 |
or more persons organized
and conducted on a not-for-profit |
basis with no personal profit inuring to
anyone as a result of |
its operation which
has among its purposes the improvement of |
housing.
|
(d) "Parties in interest" means any owner or owners of |
|
record, judgment
creditor,
tax purchaser or other party having |
any legal or equitable title or
interest in the property.
|
(e) "Last known address" includes
the address where the |
property
is located, or the address as listed in the tax |
records or as listed
pursuant to any owner's registration
|
ordinance duly adopted by a home rule unit of government.
|
(f) "Low or moderate income housing" means housing for |
persons and families
with low or moderate incomes, provided |
that the income limits for such
persons and families shall be |
the same as those established by rule by the
Illinois Housing |
Development Authority in accordance with
subsection (g) of |
Section 2 of the Illinois Housing Development Act, as
amended.
|
(g) "Rehabilitation" means the process of improving the |
property,
including but not limited to bringing property into |
compliance with
applicable fire, housing and building codes.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-807, eff. 1-1-01.)
|
Section 1025. The Abused and Neglected Child Reporting Act |
is amended by changing Section 3 as follows:
|
(325 ILCS 5/3) (from Ch. 23, par. 2053)
|
Sec. 3. As used in this Act unless the context otherwise |
requires:
|
"Child" means any person under the age of 18 years, unless |
legally
emancipated by reason of marriage or entry into a |
branch of the United
States armed services.
|
"Department" means Department of Children and Family |
Services.
|
"Local law enforcement agency" means the police of a city, |
town,
village or other incorporated area or the sheriff of an |
unincorporated
area or any sworn officer of the Illinois |
Department of State Police.
|
"Abused child"
means a child whose parent or immediate |
family
member,
or any person responsible for the child's |
welfare, or any individual
residing in the same home as the |
child, or a paramour of the child's parent:
|
|
(a) inflicts, causes to be inflicted, or allows to be
|
inflicted upon
such child physical injury, by other than |
accidental means, which causes
death, disfigurement, |
impairment of physical or
emotional health, or loss or |
impairment of any bodily function;
|
(b) creates a substantial risk of physical injury to |
such
child by
other than accidental means which would be |
likely to cause death,
disfigurement, impairment of |
physical or emotional health, or loss or
impairment of any |
bodily function;
|
(c) commits or allows to be committed any sex offense |
against
such child,
as such sex offenses are defined in the |
Criminal Code of 1961, as amended,
and extending those |
definitions of sex offenses to include children under
18 |
years of age;
|
(d) commits or allows to be committed an act or acts of
|
torture upon
such child;
|
(e) inflicts excessive corporal punishment;
|
(f) commits or allows to be committed
the offense of
|
female
genital mutilation, as defined in Section 12-34 of |
the Criminal Code of
1961, against the child; or
|
(g) causes to be sold, transferred, distributed, or |
given to
such child
under 18 years of age, a controlled |
substance as defined in Section 102 of the
Illinois |
Controlled Substances Act in violation of Article IV of the |
Illinois
Controlled Substances Act or in violation of the |
Methamphetamine Control and Community Protection Act , |
except for controlled substances that are prescribed
in |
accordance with Article III of the Illinois Controlled |
Substances Act and
are dispensed to such child in a manner |
that substantially complies with the
prescription.
|
A child shall not be considered abused for the sole reason |
that the child
has been relinquished in accordance with the |
Abandoned Newborn Infant
Protection Act.
|
"Neglected child" means any child who is not receiving the |
proper or
necessary nourishment or medically indicated |
|
treatment including food or care
not provided solely on the |
basis of the present or anticipated mental or
physical |
impairment as determined by a physician acting alone or in
|
consultation with other physicians or otherwise is not |
receiving the proper or
necessary support or medical or other |
remedial care recognized under State law
as necessary for a |
child's well-being, or other care necessary for his or her
|
well-being, including adequate food, clothing and shelter; or |
who is abandoned
by his or her parents or other person |
responsible for the child's welfare
without a proper plan of |
care; or who is a newborn infant whose blood, urine,
or |
meconium
contains any amount of a controlled substance as |
defined in subsection (f) of
Section 102 of the Illinois |
Controlled Substances Act or a metabolite thereof,
with the |
exception of a controlled substance or metabolite thereof whose
|
presence in the newborn infant is the result of medical |
treatment administered
to the mother or the newborn infant. A |
child shall not be considered neglected
for the sole reason |
that the child's parent or other person responsible for his
or |
her welfare has left the child in the care of an adult relative |
for any
period of time. A child shall not be considered |
neglected for the sole reason
that the child has been |
relinquished in accordance with the Abandoned Newborn
Infant |
Protection Act. A child shall not be considered neglected or |
abused
for the
sole reason that such child's parent or other |
person responsible for his or her
welfare depends upon |
spiritual means through prayer alone for the treatment or
cure |
of disease or remedial care as provided under Section 4 of this |
Act. A
child shall not be considered neglected or abused solely |
because the child is
not attending school in accordance with |
the requirements of Article 26 of The
School Code, as amended.
|
"Child Protective Service Unit" means certain specialized |
State employees of
the Department assigned by the Director to |
perform the duties and
responsibilities as provided under |
Section 7.2 of this Act.
|
"Person responsible for the child's welfare" means the |
|
child's parent;
guardian; foster parent; relative caregiver; |
any person responsible for the
child's welfare in a public or |
private residential agency or institution; any
person |
responsible for the child's welfare within a public or private |
profit or
not for profit child care facility; or any other |
person responsible for the
child's welfare at the time of the |
alleged abuse or neglect, or any person who
came to know the |
child through an official capacity or position of trust,
|
including but not limited to health care professionals, |
educational personnel,
recreational supervisors, members of |
the clergy, and volunteers or
support personnel in any setting
|
where children may be subject to abuse or neglect.
|
"Temporary protective custody" means custody within a |
hospital or
other medical facility or a place previously |
designated for such custody
by the Department, subject to |
review by the Court, including a licensed
foster home, group |
home, or other institution; but such place shall not
be a jail |
or other place for the detention of criminal or juvenile |
offenders.
|
"An unfounded report" means any report made under this Act |
for which
it is determined after an investigation that no |
credible evidence of
abuse or neglect exists.
|
"An indicated report" means a report made under this Act if |
an
investigation determines that credible evidence of the |
alleged
abuse or neglect exists.
|
"An undetermined report" means any report made under this |
Act in
which it was not possible to initiate or complete an |
investigation on
the basis of information provided to the |
Department.
|
"Subject of report" means any child reported to the central |
register
of child abuse and neglect established under Section |
7.7 of this Act and
his or her parent, guardian or other person |
responsible
who is also named in the report.
|
"Perpetrator" means a person who, as a result of |
investigation, has
been determined by the Department to have |
caused child abuse or neglect.
|
|
"Member of the clergy" means a clergyman or practitioner of |
any religious
denomination accredited by the religious body to |
which he or she belongs.
|
(Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01; |
92-432, eff.
8-17-01; 92-801, eff. 8-16-02 .)
|
Section 1030. The Illinois Food, Drug and Cosmetic Act is |
amended by changing Section 24 as follows:
|
(410 ILCS 620/24) (from Ch. 56 1/2, par. 524)
|
Sec. 24.
|
Nothing in this Act shall be construed to limit or repeal |
any provisions
of the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act .
|
(Source: P.A. 77-765.)
|
Section 1035. The Firearm Owners Identification Card Act is |
amended by changing Section 10 as follows:
|
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
Sec. 10. (a) Whenever an application for a Firearm Owner's |
Identification
Card is denied, whenever the Department fails to |
act on an application
within 30 days of its receipt, or |
whenever such a Card is revoked or seized
as provided for in |
Section 8 of this Act, the aggrieved party may
appeal
to the |
Director of the Department of State Police for a hearing upon
|
such denial, revocation or seizure, unless the denial, |
revocation, or seizure
was based upon a forcible felony, |
stalking, aggravated stalking, domestic
battery, any violation |
of either the Illinois Controlled Substances Act , the |
Methamphetamine Control and Community Protection Act, or the
|
Cannabis Control Act that is classified as a Class 2 or greater |
felony,
any
felony violation of Article 24 of the Criminal Code |
of 1961, or any
adjudication as a delinquent minor for the |
commission of an
offense that if committed by an adult would be |
a felony, in which case the
aggrieved party may petition the |
|
circuit court in writing in the county of
his or her residence |
for a hearing upon such denial, revocation, or seizure.
|
(b) At least 30 days before any hearing in the circuit |
court, the
petitioner shall serve the
relevant State's Attorney |
with a copy of the petition. The State's Attorney
may object to |
the petition and present evidence. At the hearing the court
|
shall
determine whether substantial justice has been done. |
Should the court
determine that substantial justice has not |
been done, the court shall issue an
order directing the |
Department of State Police to issue a Card.
|
(c) Any person prohibited from possessing a firearm under |
Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or |
acquiring a Firearm Owner's
Identification Card under Section 8 |
of this Act may apply to
the Director
of the Department of |
State Police
or petition the circuit court in the county where |
the petitioner resides,
whichever is applicable in accordance |
with subsection (a) of this Section,
requesting relief
from |
such prohibition and the Director or court may grant such |
relief if it
is
established by the applicant to the court's or |
Director's satisfaction
that:
|
(0.05) when in the circuit court, the State's Attorney |
has been served
with a written
copy of the
petition at |
least 30 days before any such hearing in the circuit court |
and at
the hearing the
State's Attorney was afforded an |
opportunity to present evidence and object to
the petition;
|
(1) the applicant has not been convicted of a forcible |
felony under the
laws of this State or any other |
jurisdiction within 20 years of the
applicant's |
application for a Firearm Owner's Identification Card, or |
at
least 20 years have passed since the end of any period |
of imprisonment
imposed in relation to that conviction;
|
(2) the circumstances regarding a criminal conviction, |
where applicable,
the applicant's criminal history and his |
reputation are such that the applicant
will not be likely |
to act in a manner dangerous to public safety; and
|
(3) granting relief would not be contrary to the public |
|
interest.
|
(d) When a minor is adjudicated delinquent for an offense |
which if
committed by an adult would be a felony, the court |
shall notify the Department
of State Police.
|
(e) The court shall review the denial of an application or |
the revocation of
a Firearm Owner's Identification Card of a |
person who has been adjudicated
delinquent for an offense that |
if
committed by an adult would be a felony if an
application |
for relief has been filed at least 10 years after the |
adjudication
of delinquency and the court determines that the |
applicant should be
granted relief from disability to obtain a |
Firearm Owner's Identification Card.
If the court grants |
relief, the court shall notify the Department of State
Police |
that the disability has
been removed and that the applicant is |
eligible to obtain a Firearm Owner's
Identification Card.
|
(Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)
|
Section 1040. The Illinois Vehicle Code is amended by |
changing Sections 2-115, 6-103, 6-106.1, 6-107, 6-108, 6-201, |
6-206, and 6-508 as follows:
|
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
|
Sec. 2-115. Investigators.
|
(a) The Secretary of State, for the purpose
of
more |
effectively carrying out the provisions of the laws in relation |
to
motor vehicles, shall have power to appoint such number of |
investigators as
he may deem necessary. It shall be the duty of |
such investigators to
investigate and enforce violations of the |
provisions of this
Act administered by the Secretary of State |
and provisions of Chapters 11,
12, 13, 14 and 15 and to |
investigate and report any violation by any person
who operates |
as a motor carrier of property as defined in Section 18-100 of
|
this Act and does not hold a valid certificate or permit. Such |
investigators
shall have and may exercise throughout the State |
all of the powers of
peace officers.
|
No person may be retained in service as an investigator |
|
under this
Section after he has reached 60 years of age.
|
The Secretary of State must authorize to each investigator |
employed under
this
Section and to any other employee of the |
Office of the Secretary of State
exercising the
powers of a |
peace officer a distinct badge that, on its face, (i) clearly
|
states that the
badge is authorized by
the Office of the |
Secretary of State and (ii) contains a unique identifying
|
number.
No other badge shall be authorized by
the Office of the |
Secretary of State.
|
(b) The Secretary may expend such sums as he deems |
necessary from
Contractual
Services appropriations for the |
Department of Police
for the purchase of evidence, for the |
employment of persons to obtain
evidence, and for the payment |
for any goods or services related to
obtaining evidence. Such |
sums shall be advanced to investigators authorized by
the
|
Secretary to expend funds, on vouchers signed by the Secretary. |
In
addition, the Secretary of State is authorized to maintain |
one or more
commercial checking accounts with any State banking |
corporation or
corporations organized under or subject to the |
Illinois Banking Act for the
deposit and withdrawal of moneys |
to be used solely for the purchase of
evidence and for the |
employment of persons to obtain evidence, or for the
payment |
for any goods or services related to obtaining evidence; |
provided
that no check may be written on nor any withdrawal |
made from any such
account except on the written signatures of |
2 persons designated by the
Secretary to write such checks and |
make such withdrawals, and provided
further that the balance of |
moneys on deposit in any such account shall not
exceed $5,000 |
at any time, nor shall any one check written on or single
|
withdrawal made from any such account exceed $5,000.
|
All fines or moneys collected or received by the Department |
of Police under
any State or federal forfeiture statute; |
including, but not limited to moneys
forfeited under Section 12 |
of the Cannabis Control Act , moneys forfeited under Section 85 |
of the Methamphetamine Control and Community Protection Act,
|
and moneys distributed
under Section 413 of the Illinois |
|
Controlled Substances Act, shall be deposited
into the |
Secretary of State Evidence Fund.
|
In all convictions for offenses in violation of this Act, |
the Court may
order restitution to the Secretary of any or all |
sums expended for the
purchase of evidence, for the employment |
of persons to obtain evidence,
and for the payment for any |
goods or services related to obtaining evidence.
All such |
restitution received by the Secretary shall be deposited into |
the
Secretary of State Evidence Fund. Moneys deposited into the |
fund shall,
subject to appropriation, be used by the Secretary |
of State for the
purposes provided for under the provisions of |
this Section.
|
(Source: P.A. 91-883, eff. 1-1-01.)
|
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
|
Sec. 6-103. What persons shall not be licensed as drivers |
or granted
permits. The Secretary of State shall not issue, |
renew, or
allow the retention of any driver's
license nor issue |
any permit under this Code:
|
1. To any person, as a driver, who is under the age of |
18 years except
as provided in Section 6-107, and except |
that an instruction permit may be
issued under Section |
6-107.1 to a child who
is not less than 15 years of age if |
the child is enrolled in an approved
driver education |
course as defined in Section 1-103 of this Code and
|
requires an instruction permit to participate therein, |
except that an
instruction permit may be issued under the |
provisions of Section 6-107.1
to a child who is 17 years |
and 9 months of age without the child having
enrolled in an
|
approved driver education course and except that an
|
instruction permit may be issued to a child who is at least |
15 years and 6
months of age, is enrolled in school, meets |
the educational requirements of
the Driver Education Act, |
and has passed examinations the Secretary of State in
his |
or her discretion may prescribe;
|
2. To any person who is under the age of 18 as an |
|
operator of a motorcycle
other than a motor driven cycle |
unless the person has, in addition to
meeting the |
provisions of Section 6-107 of this Code, successfully
|
completed a motorcycle
training course approved by the |
Illinois Department of Transportation and
successfully |
completes the required Secretary of State's motorcycle |
driver's
examination;
|
3. To any person, as a driver, whose driver's license |
or permit has been
suspended, during the suspension, nor to |
any person whose driver's license or
permit has been |
revoked, except as provided in Sections 6-205, 6-206, and
|
6-208;
|
4. To any person, as a driver, who is a user of alcohol |
or any other
drug to a degree that renders the person |
incapable of safely driving a motor
vehicle;
|
5. To any person, as a driver, who has previously been |
adjudged to be
afflicted with or suffering from any mental |
or physical disability or disease
and who has not at the |
time of application been restored to competency by the
|
methods provided by law;
|
6. To any person, as a driver, who is required by the |
Secretary of State
to submit an alcohol and drug evaluation |
or take an examination provided
for in this Code unless the |
person has
successfully passed the examination and |
submitted any required evaluation;
|
7. To any person who is required under the provisions |
of the laws of
this State to deposit security or proof of |
financial responsibility and who
has not deposited the |
security or proof;
|
8. To any person when the Secretary of State has good |
cause to believe
that the person by reason of physical or |
mental disability would not be
able to safely operate a |
motor vehicle upon the highways, unless the
person shall |
furnish to the Secretary of State a verified written
|
statement, acceptable to the Secretary of State, from a |
competent medical
specialist to the effect that the |
|
operation of a motor vehicle by the
person would not be |
inimical to the public safety;
|
9. To any person, as a driver, who is 69 years of age |
or older, unless
the person has successfully complied with |
the provisions of Section 6-109;
|
10. To any person convicted, within 12 months of |
application for a
license, of any of the sexual offenses |
enumerated in paragraph 2 of subsection
(b) of Section |
6-205;
|
11. To any person who is under the age of 21 years with |
a classification
prohibited in paragraph (b) of Section |
6-104 and to any person who is under
the age of 18 years |
with a classification prohibited in paragraph (c) of
|
Section 6-104;
|
12. To any person who has been either convicted of or |
adjudicated under
the Juvenile Court Act of 1987 based upon |
a violation of the Cannabis Control
Act ,
or the Illinois |
Controlled Substances Act , or the Methamphetamine Control |
and Community Protection Act while that person was in |
actual
physical control of a motor vehicle. For purposes of |
this Section, any person
placed on probation under Section |
10 of the Cannabis Control Act ,
or Section 410
of the |
Illinois Controlled Substances Act , or Section 70 of the |
Methamphetamine Control and Community Protection Act shall |
not be considered convicted.
Any person found guilty of |
this offense, while in actual physical control of a
motor |
vehicle, shall have an entry made in the court record by |
the judge that
this offense did occur while the person was |
in actual physical control of a
motor vehicle and order the |
clerk of the court to report the violation to the
Secretary |
of State as such. The Secretary of State shall not issue a |
new
license or permit for a period of one year;
|
13. To any person who is under the age of 18 years and |
who has committed
the offense
of operating a motor vehicle |
without a valid license or permit in violation of
Section |
6-101;
|
|
14. To any person who is
90 days or more
delinquent in |
court ordered child support
payments or has been |
adjudicated in arrears
in an amount equal to 90 days' |
obligation or more
and who has been found in contempt
of
|
court for failure to pay the support, subject to the |
requirements and
procedures of Article VII of Chapter 7 of
|
the Illinois Vehicle Code;
|
15. To any person released from a term of imprisonment |
for violating
Section 9-3 of the Criminal Code of 1961 or a |
similar provision of a law of another state relating to |
reckless homicide or for violating subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of this |
Code relating to aggravated driving under the influence of |
alcohol, other drug or drugs, intoxicating compound or |
compounds, or any combination thereof, if the violation was |
the proximate cause of a death, within
24 months of release |
from a term of imprisonment; or
|
16. To any person who, with intent to influence any act |
related to the issuance of any driver's license or permit, |
by an employee of the Secretary of State's Office, or the |
owner or employee of any commercial driver training school |
licensed by the Secretary of State, or any other individual |
authorized by the laws of this State to give driving |
instructions or administer all or part of a driver's |
license examination, promises or tenders to that person any |
property or personal advantage which that person is not |
authorized by law to accept. Any persons promising or |
tendering such property or personal advantage shall be |
disqualified from holding any class of driver's license or |
permit for 120 consecutive days. The Secretary of State |
shall establish by rule the procedures for implementing |
this period of disqualification and the procedures by which |
persons so disqualified may obtain administrative review |
of the decision to disqualify ; or
|
17.
16. To any person for whom the Secretary of State |
cannot verify the
accuracy of any information or |
|
documentation submitted in application for a
driver's |
license. |
The Secretary of State shall retain all conviction
|
information, if the information is required to be held |
confidential under
the Juvenile Court Act of 1987.
|
(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04; 93-712, |
eff. 1-1-05; 93-783, eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, |
eff. 1-1-05; revised 10-22-04.)
|
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) |
Sec. 6-106.1. School bus driver permit.
|
(a) The Secretary of State shall issue a school bus driver
|
permit to those applicants who have met all the requirements of |
the
application and screening process under this Section to |
insure the
welfare and safety of children who are transported |
on school buses
throughout the State of Illinois. Applicants |
shall obtain the
proper application required by the Secretary |
of State from their
prospective or current employer and submit |
the completed
application to the prospective or current |
employer along
with the necessary fingerprint submission as |
required by the
Department of
State Police to conduct |
fingerprint based criminal background
checks on current and |
future information available in the state
system and current |
information available through the Federal Bureau
of |
Investigation's system. Applicants who have completed the
|
fingerprinting requirements shall not be subjected to the
|
fingerprinting process when applying for subsequent permits or
|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this |
Act possess a valid
school bus driver permit that has been |
previously issued by the appropriate
Regional School |
Superintendent are not subject to the fingerprinting
|
provisions of this Section as long as the permit remains valid |
and does not
lapse. The applicant shall be required to pay all |
related
application and fingerprinting fees as established by |
rule
including, but not limited to, the amounts established by |
|
the Department of
State Police and the Federal Bureau of |
Investigation to process
fingerprint based criminal background |
investigations. All fees paid for
fingerprint processing |
services under this Section shall be deposited into the
State |
Police Services Fund for the cost incurred in processing the |
fingerprint
based criminal background investigations. All |
other fees paid under this
Section shall be deposited into the |
Road
Fund for the purpose of defraying the costs of the |
Secretary of State in
administering this Section. All |
applicants must:
|
1. be 21 years of age or older;
|
2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not been
|
revoked, suspended, or canceled for 3 years immediately |
prior to
the date of application, or have not had his or |
her commercial motor vehicle
driving privileges
|
disqualified within the 3 years immediately prior to the |
date of application;
|
4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school bus |
safety, and
special traffic laws relating to school buses |
and submit to a review
of the applicant's driving habits by |
the Secretary of State at the time the
written test is |
given;
|
5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
|
6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
including tests for drug
use for each applicant not subject |
to such testing pursuant to
federal law, conducted by a |
licensed physician, an advanced practice nurse
who has a |
written collaborative agreement with
a collaborating |
physician which authorizes him or her to perform medical
|
examinations, or a physician assistant who has been |
|
delegated the
performance of medical examinations by his or |
her supervising physician
within 90 days of the date
of |
application according to standards promulgated by the |
Secretary of State;
|
7. affirm under penalties of perjury that he or she has |
not made a
false statement or knowingly concealed a |
material fact
in any application for permit;
|
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety |
as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been convicted of 2 or more serious traffic |
offenses, as
defined by rule, within one year prior to the |
date of application that may
endanger the life or safety of |
any of the driver's passengers within the
duration of the |
permit period;
|
10. not have been convicted of reckless driving, |
driving while
intoxicated, or reckless homicide resulting |
from the operation of a motor
vehicle within 3 years of the |
date of application;
|
11. not have been convicted of committing or attempting
|
to commit any
one or more of the following offenses: (i) |
those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, |
9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, |
10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, |
11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
|
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
|
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, |
12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, |
20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
|
|
33A-2, and in subsection (a) and subsection (b), clause |
(1), of Section
12-4 of the Criminal Code of 1961; (ii) |
those offenses defined in the
Cannabis Control Act except |
those offenses defined in subsections (a) and
(b) of |
Section 4, and subsection (a) of Section 5 of the Cannabis |
Control
Act; (iii) those offenses defined in the Illinois |
Controlled Substances
Act; (iv) those offenses defined in |
the Methamphetamine Control and Community Protection Act; |
(v)
(iv) any offense committed or attempted in any other |
state or against
the laws of the United States, which if |
committed or attempted in this
State would be punishable as |
one or more of the foregoing offenses; (vi)
(v)
the |
offenses defined in Section 4.1 and 5.1 of the Wrongs to |
Children Act and (vii)
(vi) those offenses defined in |
Section 6-16 of the Liquor Control Act of
1934;
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a motor
|
vehicle, caused an accident resulting in the death of any |
person; and
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease.
|
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
code, social
security number and date
of birth, a brief |
|
description of the holder and a space for signature. The
|
Secretary of State may require a suitable photograph of the |
holder.
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Department of State |
Police
that are required for the criminal background |
investigations. The employer
shall certify in writing to the |
Secretary of State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the
Department of State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present the
|
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
School Bus Driver Permit. The permit shall
remain in a |
provisional status pending the completion of the
Federal Bureau |
of Investigation's criminal background investigation based
|
upon fingerprinting specimens submitted to the Federal Bureau |
of
Investigation by the Department of State Police. The Federal |
Bureau of
Investigation shall report the findings directly to |
the Secretary
of State. The Secretary of State shall remove the |
bus driver
permit from provisional status upon the applicant's |
successful
completion of the Federal Bureau of Investigation's |
criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
|
employer and the Secretary of State if he or she is convicted |
in
another state of an offense that would make him or her |
ineligible
for a permit under subsection (a) of this Section. |
The
written notification shall be made within 5 days of the |
entry of
the conviction. Failure of the permit holder to |
provide the
notification is punishable as a petty
offense for a |
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in compliance |
with the provisions of subsection
(a) of this Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
|
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor who |
violates a provision of this Section is
subject to the |
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(Source: P.A. 92-703, eff. 7-19-02; 93-895, eff. 1-1-05.)
|
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
|
Sec. 6-107. Graduated license.
|
(a) The purpose of the Graduated
Licensing Program is to |
develop safe and mature driving habits in young,
inexperienced |
drivers and reduce or prevent motor vehicle accidents,
|
fatalities,
and injuries by:
|
(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
|
(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
|
(3) sanctioning driving privileges of drivers under |
age 21 who have
committed serious traffic violations or |
|
other specified offenses; and
|
(4) setting stricter standards to promote the public's |
health and
safety.
|
(b) The application of any person under
the age of 18 |
years, and not legally emancipated by marriage, for a drivers
|
license or permit to operate a motor vehicle issued under the |
laws of this
State, shall be accompanied by the written consent |
of either parent of the
applicant; otherwise by the guardian |
having custody of the applicant, or
in the event there is no |
parent or guardian, then by another responsible adult.
|
No graduated driver's license shall be issued to any |
applicant under 18
years
of age, unless the applicant is at |
least 16 years of age and has:
|
(1) Held a valid instruction permit for a minimum of 3 |
months.
|
(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
|
(3) certification by the parent, legal guardian, or |
responsible adult that
the applicant has had a minimum of |
25 hours of behind-the-wheel practice time
and is |
sufficiently prepared and able to safely operate a motor |
vehicle.
|
(c) No graduated driver's license or permit shall be issued |
to
any applicant under 18
years of age who has committed the |
offense of operating a motor vehicle
without a valid license or |
permit in violation of Section 6-101 of this Code
and no |
graduated driver's
license or permit shall be issued to any |
applicant under 18 years of age
who has committed an offense |
that would otherwise result in a
mandatory revocation of a |
license or permit as provided in Section 6-205 of
this Code or |
who has been either convicted of or adjudicated a delinquent |
based
upon a violation of the Cannabis Control Act ,
or the |
Illinois Controlled
Substances Act, or the Methamphetamine |
Control and Community Protection Act while that individual was |
in actual physical control of a motor
vehicle. For purposes of |
|
this Section, any person placed on probation under
Section 10 |
of the Cannabis Control Act ,
or Section 410 of the Illinois
|
Controlled Substances Act , or Section 70 of the Methamphetamine |
Control and Community Protection Act shall not be considered |
convicted. Any person found
guilty of this offense, while in |
actual physical control of a motor vehicle,
shall have an entry |
made in the court record by the judge that this offense did
|
occur while the person was in actual physical control of a |
motor vehicle and
order the clerk of the court to report the |
violation to the Secretary of State
as such.
|
(d) No graduated driver's license shall be issued for 6 |
months to any
applicant
under
the
age of 18 years who has been |
convicted of any offense defined as a serious
traffic violation |
in this Code or
a similar provision of a local ordinance.
|
(e) No graduated driver's license holder under the age
of |
18 years shall operate any
motor vehicle, except a motor driven |
cycle or motorcycle, with
more than one passenger in the front |
seat of the motor vehicle
and no more passengers in the back |
seats than the number of available seat
safety belts as set |
forth in Section 12-603 of this Code.
|
(f) No graduated driver's license holder under the age of |
18 shall operate a
motor vehicle unless each driver and front |
or back seat passenger under the
age of 18 is wearing a |
properly adjusted and fastened seat safety belt.
|
(g) If a graduated driver's license holder is under the age |
of 18 when he
or she receives the license, for the first 6 |
months he or she holds the license
or
until he or she reaches |
the age of 18, whichever occurs sooner, the graduated
license
|
holder may not operate a motor vehicle with more than one |
passenger in the
vehicle
who is under the age of 20, unless any |
additional passenger or passengers are
siblings, |
step-siblings, children, or stepchildren of the driver.
|
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
|
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
|
Sec. 6-108. Cancellation of license issued to minor.
|
|
(a) The Secretary of State shall cancel the license or |
permit of any minor
under the age of 18 years in any of the |
following events:
|
1. Upon the verified written request of the person who |
consented to the
application of the minor that the license |
or
permit be cancelled;
|
2. Upon receipt of satisfactory evidence of the death |
of the person who
consented to the application of the |
minor;
|
3. Upon receipt of satisfactory evidence that the |
person who consented
to the application of a minor no |
longer has legal custody of the
minor.
|
After cancellation, the Secretary of State shall not issue |
a new
license or permit until the applicant meets the |
provisions of Section
6-107 of this Code.
|
(b) The Secretary of State shall cancel the license or |
permit of any
person under the age of 18 years if he or she is |
convicted of violating
the Cannabis Control Act ,
or the |
Illinois
Controlled Substances Act , or the Methamphetamine |
Control and Community Protection Act while that person was in |
actual physical
control of a motor vehicle.
For purposes of |
this Section, any person placed on probation under Section
10 |
of the Cannabis Control Act ,
or Section 410 of the Illinois |
Controlled
Substances Act , or Section 70 of the Methamphetamine |
Control and Community Protection Act shall not be considered |
convicted.
Any person found guilty of this offense,
while in |
actual physical control of a motor vehicle, shall have an entry
|
made in the court record by the judge that this offense did |
occur
while the person was in actual physical control of a |
motor vehicle and
order the clerk of the court to report the |
violation to the Secretary of
State as such. After the |
cancellation, the Secretary of State
shall not issue a new |
license or permit for a period of one year after the
date of |
cancellation or until the minor attains the age of 18 years,
|
whichever is longer.
However, upon application, the Secretary |
of State
may, if satisfied that the person applying will not |
|
endanger the public
safety, or welfare, issue a restricted |
driving permit granting the
privilege of driving a motor |
vehicle between the person's residence and
person's place of |
employment or within the scope of the person's employment |
related
duties, or to allow transportation for
the person or a |
household member of the person's family for the receipt of
|
necessary medical care or, if the professional evaluation |
indicates,
provide transportation for the petitioner for |
alcohol remedial or
rehabilitative activity, or for the person |
to attend classes, as a student,
in an accredited educational |
institution; if the person is able to
demonstrate that no |
alternative means of transportation is reasonably
available; |
provided that the Secretary's discretion shall be limited to
|
cases where undue hardship would result from a failure to issue |
such
restricted driving permit. In each case the Secretary of |
State may issue
a restricted driving permit for a period as he
|
deems appropriate,
except that the permit shall expire within |
one year from the date of
issuance. A restricted driving permit |
issued hereunder shall be subject to
cancellation, revocation, |
and suspension by the Secretary of State in like
manner and for |
like cause as a driver's license issued hereunder may be
|
cancelled, revoked, or suspended; except that a conviction upon |
one or more
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for the |
revocation, suspension, or
cancellation of a restricted |
driving permit. The Secretary of State may,
as a condition to |
the issuance of a restricted driving permit, require the
|
applicant to participate in a driver remedial or rehabilitative
|
program.
Thereafter, upon reapplication for a license as
|
provided in Section 6-106 of this Code or a permit as provided |
in Section
6-105 of this Code and upon payment of the |
appropriate application fee, the
Secretary of State shall issue |
the applicant a license as provided in Section
6-106 of this |
Code or shall issue the applicant a permit as provided in |
Section 6-105.
|
(Source: P.A. 86-1450; 87-1114.)
|
|
(625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
|
Sec. 6-201. Authority to cancel licenses and permits.
|
(a) The Secretary of State is authorized to cancel any |
license or permit
upon determining that the holder thereof:
|
1. was not entitled to the issuance thereof hereunder; |
or
|
2. failed to give the required or correct information |
in his
application; or
|
3. failed to pay any fees, civil penalties owed to the |
Illinois Commerce
Commission, or taxes due under this Act |
and upon reasonable notice and demand;
or
|
4. committed any fraud in the making of such |
application; or
|
5. is ineligible therefor under the provisions of |
Section 6-103 of this
Act, as amended; or
|
6. has refused or neglected to submit an alcohol, drug, |
and
intoxicating compound evaluation or to
submit to |
examination or re-examination as required under this Act; |
or
|
7. has been convicted of violating the Cannabis Control |
Act,
the
Illinois Controlled Substances Act, the |
Methamphetamine Control and Community Protection Act, or |
the Use of Intoxicating Compounds
Act while that individual |
was in actual physical
control of a motor vehicle. For |
purposes of this Section, any person placed on
probation |
under Section 10 of the Cannabis Control Act ,
or Section |
410 of the
Illinois Controlled Substances Act , or Section |
70 of the Methamphetamine Control and Community Protection |
Act shall not be considered convicted. Any
person found |
guilty of this offense, while in actual physical control of |
a
motor vehicle, shall have an entry made in the court |
record by the
judge that this offense did occur while the |
person was in actual
physical control of a motor vehicle |
and order the clerk of the court to report
the violation to |
the Secretary of State as such. After the cancellation, the
|
|
Secretary of State shall not issue a new license or permit |
for a period of one
year after the date of cancellation. |
However, upon application, the Secretary
of State may, if |
satisfied that the person applying will not endanger the
|
public safety, or welfare, issue a restricted driving |
permit granting the
privilege of driving a motor vehicle |
between the person's residence and
person's place of |
employment or within the scope of the person's employment
|
related duties, or to allow transportation for
the person |
or a household member of the person's family for the |
receipt of
necessary medical care or, if the professional |
evaluation indicates,
provide transportation for the |
petitioner for alcohol remedial or
rehabilitative |
activity, or for the person to attend classes, as a |
student,
in an accredited educational institution; if the |
person is able to
demonstrate that no alternative means of |
transportation is reasonably
available; provided that the |
Secretary's discretion shall be limited to
cases where |
undue hardship would result from a failure to issue such
|
restricted driving permit. In each case the Secretary of |
State may issue
such restricted driving permit for such |
period as he deems appropriate,
except that such permit |
shall expire within one year from the date of
issuance. A |
restricted driving permit issued hereunder shall be |
subject to
cancellation, revocation and suspension by the |
Secretary of State in like
manner and for like cause as a |
driver's license issued hereunder may be
cancelled, |
revoked or suspended; except that a conviction upon one or |
more
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension or
cancellation of a restricted |
driving permit. The Secretary of State may,
as a condition |
to the issuance of a restricted driving permit, require the
|
applicant to participate in a driver remedial or |
rehabilitative
program; or
|
8. failed to submit a report as required by Section |
|
6-116.5 of this
Code.
|
(b) Upon such cancellation the licensee or permittee must |
surrender the
license or permit so cancelled to the Secretary |
of State.
|
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the |
Secretary of State
shall have exclusive authority to grant, |
issue, deny, cancel, suspend and
revoke driving privileges, |
drivers' licenses and restricted driving permits.
|
(Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, |
eff. 1-1-99.)
|
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
Sec. 6-206. Discretionary authority to suspend or revoke |
license or
permit; Right to a hearing.
|
(a) The Secretary of State is authorized to suspend or |
revoke the
driving privileges of any person without preliminary |
hearing upon a showing
of the person's records or other |
sufficient evidence that
the person:
|
1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon |
conviction;
|
2. Has been convicted of not less than 3 offenses |
against traffic
regulations governing the movement of |
vehicles committed within any 12
month period. No |
revocation or suspension shall be entered more than
6 |
months after the date of last conviction;
|
3. Has been repeatedly involved as a driver in motor |
vehicle
collisions or has been repeatedly convicted of |
offenses against laws and
ordinances regulating the |
movement of traffic, to a degree that
indicates lack of |
ability to exercise ordinary and reasonable care in
the |
safe operation of a motor vehicle or disrespect for the |
traffic laws
and the safety of other persons upon the |
highway;
|
4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to an accident resulting in death or |
|
injury requiring
immediate professional treatment in a |
medical facility or doctor's office
to any person, except |
that any suspension or revocation imposed by the
Secretary |
of State under the provisions of this subsection shall |
start no
later than 6 months after being convicted of |
violating a law or
ordinance regulating the movement of |
traffic, which violation is related
to the accident, or |
shall start not more than one year
after
the date of the |
accident, whichever date occurs later;
|
5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
|
6. Has been lawfully convicted of an offense or |
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within |
this State would be grounds for suspension or revocation;
|
7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
|
8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
|
9. Has made a false statement or knowingly concealed a |
material fact
or has used false information or |
identification in any application for a
license, |
identification card, or permit;
|
10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
|
11. Has operated a motor vehicle upon a highway of this |
State when
the person's driving privilege or privilege to |
obtain a driver's license
or permit was revoked or |
suspended unless the operation was authorized by
a judicial |
driving permit, probationary license to drive, or a |
restricted
driving permit issued under this Code;
|
12. Has submitted to any portion of the application |
process for
another person or has obtained the services of |
another person to submit to
any portion of the application |
|
process for the purpose of obtaining a
license, |
identification card, or permit for some other person;
|
13. Has operated a motor vehicle upon a highway of this |
State when
the person's driver's license or permit was |
invalid under the provisions of
Sections 6-107.1 and
6-110;
|
14. Has committed a violation of Section 6-301, |
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
of the Illinois Identification Card
Act;
|
15. Has been convicted of violating Section 21-2 of the |
Criminal Code
of 1961 relating to criminal trespass to |
vehicles in which case, the suspension
shall be for one |
year;
|
16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a peace officer;
|
17. Has refused to submit to a test, or tests, as |
required under Section
11-501.1 of this Code and the person |
has not sought a hearing as
provided for in Section |
11-501.1;
|
18. Has, since issuance of a driver's license or |
permit, been adjudged
to be afflicted with or suffering |
from any mental disability or disease;
|
19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
|
20. Has been convicted of violating Section 6-104 |
relating to
classification of driver's license;
|
21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of an accident |
resulting in damage
to a vehicle in excess of $1,000, in |
which case the suspension shall be
for one year;
|
22. Has used a motor vehicle in violating paragraph |
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
the Criminal Code of 1961 relating
to unlawful use of |
weapons, in which case the suspension shall be for one
|
year;
|
23. Has, as a driver, been convicted of committing a |
|
violation of
paragraph (a) of Section 11-502 of this Code |
for a second or subsequent
time within one year of a |
similar violation;
|
24. Has been convicted by a court-martial or punished |
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois of or |
for a traffic related offense that is the
same as or |
similar to an offense specified under Section 6-205 or |
6-206 of
this Code;
|
25. Has permitted any form of identification to be used |
by another in
the application process in order to obtain or |
attempt to obtain a license,
identification card, or |
permit;
|
26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
permit;
|
27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
|
28. Has been convicted of the illegal possession, while |
operating or
in actual physical control, as a driver, of a |
motor vehicle, of any
controlled substance prohibited |
under the Illinois Controlled Substances
Act ,
or any |
cannabis prohibited under the provisions of the Cannabis |
Control
Act , or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act , in |
which case the person's driving privileges shall be |
suspended for
one year, and any driver who is convicted of |
a second or subsequent
offense, within 5 years of a |
previous conviction, for the illegal
possession, while |
operating or in actual physical control, as a driver, of
a |
motor vehicle, of any controlled substance prohibited |
under the
provisions of the Illinois Controlled Substances |
Act ,
or any cannabis
prohibited under the Cannabis Control |
Act , or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act shall |
be suspended for 5 years.
Any defendant found guilty of |
|
this offense while operating a motor vehicle,
shall have an |
entry made in the court record by the presiding judge that
|
this offense did occur while the defendant was operating a |
motor vehicle
and order the clerk of the court to report |
the violation to the Secretary
of State;
|
29. Has been convicted of the following offenses that |
were committed
while the person was operating or in actual |
physical control, as a driver,
of a motor vehicle: criminal |
sexual assault,
predatory criminal sexual assault of a |
child,
aggravated criminal sexual
assault, criminal sexual |
abuse, aggravated criminal sexual abuse, juvenile
pimping, |
soliciting for a juvenile prostitute and the manufacture, |
sale or
delivery of controlled substances or instruments |
used for illegal drug use
or abuse in which case the |
driver's driving privileges shall be suspended
for one |
year;
|
30. Has been convicted a second or subsequent time for |
any
combination of the offenses named in paragraph 29 of |
this subsection,
in which case the person's driving |
privileges shall be suspended for 5
years;
|
31. Has refused to submit to a test as
required by |
Section 11-501.6 or has submitted to a test resulting in
an |
alcohol concentration of 0.08 or more or any amount of a |
drug, substance, or
compound resulting from the unlawful |
use or consumption of cannabis as listed
in the Cannabis |
Control Act, a controlled substance as listed in the |
Illinois
Controlled Substances Act, or an intoxicating |
compound as listed in the Use of
Intoxicating Compounds |
Act, in which case the penalty shall be
as prescribed in |
Section 6-208.1;
|
32. Has been convicted of Section 24-1.2 of the |
Criminal Code of
1961 relating to the aggravated discharge |
of a firearm if the offender was
located in a motor vehicle |
at the time the firearm was discharged, in which
case the |
suspension shall be for 3 years;
|
33. Has as a driver, who was less than 21 years of age |
|
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this Code |
or a similar provision of a local ordinance;
|
34. Has committed a violation of Section 11-1301.5 of |
this Code;
|
35. Has committed a violation of Section 11-1301.6 of |
this Code;
|
36. Is under the age of 21 years at the time of arrest |
and has been
convicted of not less than 2 offenses against |
traffic regulations governing
the movement of vehicles |
committed within any 24 month period. No revocation
or |
suspension shall be entered more than 6 months after the |
date of last
conviction;
|
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code;
|
38. Has been convicted of a violation of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance;
|
39. Has committed a second or subsequent violation of |
Section
11-1201 of this Code; or
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code ; or . |
41.
40. Has committed a second or subsequent violation |
of Section 11-605.1 of this Code within 2 years of the date |
of the previous violation, in which case the suspension |
shall be for 90 days. |
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this
subsection, license means any driver's license, |
any traffic ticket issued when
the person's driver's license is |
deposited in lieu of bail, a suspension
notice issued by the |
Secretary of State, a duplicate or corrected driver's
license, |
a probationary driver's license or a temporary driver's |
license.
|
(b) If any conviction forming the basis of a suspension or
|
revocation authorized under this Section is appealed, the
|
Secretary of State may rescind or withhold the entry of the |
|
order of suspension
or revocation, as the case may be, provided |
that a certified copy of a stay
order of a court is filed with |
the Secretary of State. If the conviction is
affirmed on |
appeal, the date of the conviction shall relate back to the |
time
the original judgment of conviction was entered and the 6 |
month limitation
prescribed shall not apply.
|
(c) 1. Upon suspending or revoking the driver's license or |
permit of
any person as authorized in this Section, the |
Secretary of State shall
immediately notify the person in |
writing of the revocation or suspension.
The notice to be |
deposited in the United States mail, postage prepaid,
to |
the last known address of the person.
|
2. If the Secretary of State suspends the driver's |
license
of a person under subsection 2 of paragraph (a) of |
this Section, a
person's privilege to operate a vehicle as |
an occupation shall not be
suspended, provided an affidavit |
is properly completed, the appropriate fee
received, and a |
permit issued prior to the effective date of the
|
suspension, unless 5 offenses were committed, at least 2 of |
which occurred
while operating a commercial vehicle in |
connection with the driver's
regular occupation. All other |
driving privileges shall be suspended by the
Secretary of |
State. Any driver prior to operating a vehicle for
|
occupational purposes only must submit the affidavit on |
forms to be
provided by the Secretary of State setting |
forth the facts of the person's
occupation. The affidavit |
shall also state the number of offenses
committed while |
operating a vehicle in connection with the driver's regular
|
occupation. The affidavit shall be accompanied by the |
driver's license.
Upon receipt of a properly completed |
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's |
regular occupation only. Unless the permit is issued by the
|
Secretary of State prior to the date of suspension, the |
privilege to drive
any motor vehicle shall be suspended as |
set forth in the notice that was
mailed under this Section. |
|
If an affidavit is received subsequent to the
effective |
date of this suspension, a permit may be issued for the |
remainder
of the suspension period.
|
The provisions of this subparagraph shall not apply to |
any driver
required to obtain a commercial driver's license |
under Section 6-507 during
the period of a disqualification |
of commercial driving privileges under
Section 6-514.
|
Any person who falsely states any fact in the affidavit |
required
herein shall be guilty of perjury under Section |
6-302 and upon conviction
thereof shall have all driving |
privileges revoked without further rights.
|
3. At the conclusion of a hearing under Section 2-118 |
of this Code,
the Secretary of State shall either rescind |
or continue an order of
revocation or shall substitute an |
order of suspension; or, good
cause appearing therefor, |
rescind, continue, change, or extend the
order of |
suspension. If the Secretary of State does not rescind the |
order,
the Secretary may upon application,
to relieve undue |
hardship, issue
a restricted driving permit granting the |
privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place of
|
employment or within the scope of his employment related |
duties, or to
allow transportation for the petitioner, or a |
household member of the
petitioner's family, to receive |
necessary medical care and if the
professional evaluation |
indicates, provide transportation for alcohol
remedial or |
rehabilitative activity, or for the petitioner to attend
|
classes, as a student, in an accredited educational |
institution; if the
petitioner is able to demonstrate that |
no alternative means of
transportation is reasonably |
available and the petitioner will not endanger
the public |
safety or welfare.
|
If a person's license or permit has been revoked or |
suspended due to 2
or more convictions of violating Section |
11-501 of this Code or a similar
provision of a local |
ordinance or a similar out-of-state offense, arising out
of |
|
separate occurrences, that person, if issued a restricted |
driving permit,
may not operate a vehicle unless it has |
been equipped with an ignition
interlock device as defined |
in Section 1-129.1.
|
If a person's license or permit has been revoked or |
suspended 2 or more
times within a 10 year period due to a |
single conviction of violating Section
11-501 of this Code |
or a similar provision of a local ordinance or a similar
|
out-of-state offense, and a statutory summary suspension |
under Section
11-501.1, or 2 or more statutory summary |
suspensions, or combination of 2
offenses, or of an offense |
and a statutory summary suspension, arising out of
separate |
occurrences, that person, if issued a restricted driving |
permit, may
not operate a vehicle unless it has been
|
equipped with an ignition interlock device as defined in |
Section 1-129.1.
The person must pay to the Secretary of |
State DUI Administration Fund an amount
not to exceed $20 |
per month. The Secretary shall establish by rule the amount
|
and the procedures, terms, and conditions relating to these |
fees. If the
restricted driving permit was issued for |
employment purposes, then this
provision does not apply to |
the operation of an occupational vehicle owned or
leased by |
that person's employer. In each case the Secretary may |
issue a
restricted driving permit for a period deemed |
appropriate, except that all
permits shall expire within |
one year from the date of issuance. The Secretary
may not, |
however, issue a restricted driving permit to any person |
whose current
revocation is the result of a second or |
subsequent conviction for a violation
of Section 11-501 of |
this Code or a similar provision of a local ordinance
|
relating to the offense of operating or being in physical |
control of a motor
vehicle while under the influence of |
alcohol, other drug or drugs, intoxicating
compound or |
compounds, or any similar out-of-state offense, or any |
combination
of those offenses, until the expiration of at |
least one year from the date of
the revocation. A
|
|
restricted driving permit issued under this Section shall |
be subject to
cancellation, revocation, and suspension by |
the Secretary of State in like
manner and for like cause as |
a driver's license issued under this Code may be
cancelled, |
revoked, or suspended; except that a conviction upon one or |
more
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension, or
cancellation of a |
restricted driving permit. The Secretary of State may, as
a |
condition to the issuance of a restricted driving permit, |
require the
applicant to participate in a designated driver |
remedial or rehabilitative
program. The Secretary of State |
is authorized to cancel a restricted
driving permit if the |
permit holder does not successfully complete the program.
|
(c-5) The Secretary of State may, as a condition of the |
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he |
or she reached the age of 18 years pursuant to any of
the |
provisions of this Section, require the applicant to |
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
|
(d) This Section is subject to the provisions of the |
Drivers License
Compact.
|
(e) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been suspended
or revoked under any |
provisions of this Code.
|
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; |
92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. |
1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04; 93-667, eff. |
3-19-04; 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; revised |
10-22-04.)
|
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
Sec. 6-508. Commercial Driver's License (CDL) - |
qualification standards.
|
|
(a) Testing.
|
(1) General. No person shall be issued an original or |
renewal CDL
unless that person is
domiciled in this State. |
The Secretary shall cause to be administered such
tests as |
the Secretary deems necessary to meet the requirements of |
49
C.F.R. Part 383, subparts G and H.
|
(2) Third party testing. The Secretary of state may |
authorize a
"third party tester", pursuant to 49 C.F.R. |
Part 383.75, to administer the
skills test or tests |
specified by Federal Highway Administration pursuant to |
the
Commercial Motor Vehicle Safety Act of 1986 and any |
appropriate federal rule.
|
(b) Waiver of Skills Test. The Secretary of State may waive |
the skills
test specified in this Section for a commercial |
driver license applicant
who meets the requirements of 49 |
C.F.R. Part 383.77.
|
(c) Limitations on issuance of a CDL. A CDL, or a |
commercial driver
instruction permit, shall not be issued to a |
person while the person is
subject to a disqualification from |
driving a commercial motor vehicle, or
unless otherwise |
permitted by this Code, while the person's driver's
license is |
suspended, revoked or cancelled in
any state, or any territory |
or province of Canada; nor may a CDL be issued
to a person who |
has a CDL issued by any other state, or foreign
jurisdiction, |
unless the person first surrenders all such
licenses. No CDL |
shall be issued to or renewed for a person who does not
meet |
the requirement of 49 CFR 391.41(b)(11). The requirement may be |
met with
the aid of a hearing aid.
|
(c-1) The Secretary may issue a CDL with a school bus |
driver endorsement
to allow a person to drive the type of bus |
described in subsection (d-5) of
Section 6-104 of this Code. |
The CDL with a school bus driver endorsement may be
issued only |
to a person meeting the following requirements:
|
(1) the person has submitted his or her fingerprints to |
the
Department of State Police in the form and manner
|
prescribed by the Department of State Police. These
|
|
fingerprints shall be checked against the fingerprint |
records
now and hereafter filed in the Department of State |
Police and
Federal Bureau of Investigation criminal |
history records databases for
fingerprint based criminal |
background checks on current and future information
|
available in the state system and current information |
available through the
Federal Bureau of Investigation's |
system ;
|
(2) the person has passed a written test, administered |
by the Secretary of
State, on charter bus operation, |
charter bus safety, and certain special
traffic laws
|
relating to school buses determined by the Secretary of |
State to be relevant to
charter buses, and submitted to a |
review of the applicant's driving
habits by the Secretary |
of State at the time the written test is given;
|
(3) the person has demonstrated physical fitness to |
operate school buses
by
submitting the results of a medical |
examination, including tests for drug
use; and
|
(4) the person has not been convicted of committing or |
attempting
to commit any
one or more of the following |
offenses: (i) those offenses defined in
Sections 9-1, |
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
|
10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, |
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
|
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, |
12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, |
12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, |
12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, |
18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, |
31A-1, 31A-1.1, and
33A-2, and in subsection (a) and |
subsection (b), clause (1), of Section
12-4 of the Criminal |
Code of 1961; (ii) those offenses defined in the
Cannabis |
Control Act except those offenses defined in subsections |
(a) and
(b) of Section 4, and subsection (a) of Section 5 |
of the Cannabis Control
Act; (iii) those offenses defined |
in the Illinois Controlled Substances
Act; (iv) those |
|
offenses defined in the Methamphetamine Control and |
Community Protection Act; (v)
(iv) any offense committed or |
attempted in any other state or against
the laws of the |
United States, which if committed or attempted in this
|
State would be punishable as one or more of the foregoing |
offenses; (vi)
(v)
the offenses defined in Sections 4.1 and |
5.1 of the Wrongs to Children Act ; and (vii)
(vi) those |
offenses defined in Section 6-16 of the Liquor Control Act |
of
1934.
|
The Department of State Police shall charge
a fee for |
conducting the criminal history records check, which shall be
|
deposited into the State Police Services Fund and may not |
exceed the actual
cost of the records check.
|
(d) Commercial driver instruction permit. A commercial |
driver
instruction permit may be issued to any person holding a |
valid Illinois
driver's license if such person successfully |
passes such tests as the
Secretary determines to be necessary.
|
A commercial driver instruction permit shall not be issued to a |
person who
does not meet
the requirements of 49 CFR 391.41 |
(b)(11), except for the renewal of a
commercial driver
|
instruction permit for a person who possesses a commercial |
instruction permit
prior to the
effective date of this |
amendatory Act of 1999.
|
(Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised |
11-29-04.)
|
Section 1045. The Clerks of Courts Act is amended by |
changing Section 27.6 as follows: |
(705 ILCS 105/27.6)
|
Sec. 27.6. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk equalling an |
amount of $55 or more, except the additional fee required
by |
subsections (b) and (c), restitution under Section 5-5-6 of the
|
Unified Code of Corrections, reimbursement for the costs of an |
|
emergency
response as provided under Section 11-501 of the |
Illinois Vehicle Code,
any fees collected for attending a |
traffic safety program under paragraph (c)
of Supreme Court |
Rule 529, any fee collected on behalf of a State's Attorney
|
under Section 4-2002 of the Counties Code or a sheriff under |
Section 4-5001
of the Counties Code, or any cost imposed under |
Section 124A-5 of the Code of
Criminal Procedure of 1963, for |
convictions, orders of supervision, or any
other disposition |
for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois |
Vehicle Code, or a similar provision of a local ordinance, and |
any
violation of the Child Passenger Protection Act, or a |
similar provision of a
local ordinance, and except as provided |
in subsection (d) shall be disbursed
within 60 days after |
receipt by the circuit
clerk as follows: 44.5% shall be |
disbursed to the entity authorized by law to
receive the fine |
imposed in the case; 16.825% shall be disbursed to the State
|
Treasurer; and 38.675% shall be disbursed to the county's |
general corporate
fund. Of the 16.825% disbursed to the State |
Treasurer, 2/17 shall be deposited
by the State Treasurer into |
the Violent Crime Victims Assistance Fund, 5.052/17
shall be |
deposited into the Traffic and Criminal Conviction Surcharge |
Fund,
3/17 shall be deposited into the Drivers Education Fund, |
and 6.948/17 shall be
deposited into the Trauma Center Fund. Of |
the 6.948/17 deposited into the
Trauma Center Fund from the |
16.825% disbursed to the State Treasurer, 50% shall
be |
disbursed to the Department of Public Health and 50% shall be |
disbursed to
the Department of Public Aid. For fiscal year |
1993, amounts deposited into
the Violent Crime Victims |
Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
Fund, or the Drivers Education Fund shall not exceed 110%
of |
the amounts deposited into those funds in fiscal year 1991. Any
|
amount that exceeds the 110% limit shall be distributed as |
follows: 50%
shall be disbursed to the county's general |
corporate fund and 50% shall be
disbursed to the entity |
authorized by law to receive the fine imposed in
the case. Not |
later than March 1 of each year the circuit clerk
shall submit |
|
a report of the amount of funds remitted to the State
Treasurer |
under this Section during the preceding year based upon
|
independent verification of fines and fees. All counties shall |
be subject
to this Section, except that counties with a |
population under 2,000,000
may, by ordinance, elect not to be |
subject to this Section. For offenses
subject to this Section, |
judges shall impose one total sum of money payable
for |
violations. The circuit clerk may add on no additional amounts |
except
for amounts that are required by Sections 27.3a and |
27.3c of
this Act, unless those amounts are specifically waived |
by the judge. With
respect to money collected by the circuit |
clerk as a result of
forfeiture of bail, ex parte judgment or |
guilty plea pursuant to Supreme
Court Rule 529, the circuit |
clerk shall first deduct and pay amounts
required by Sections |
27.3a and 27.3c of this Act. This Section is a denial
and |
limitation of home rule powers and functions under subsection |
(h) of
Section 6 of Article VII of the Illinois Constitution.
|
(b) In addition to any other fines and court costs assessed |
by the courts,
any person convicted or receiving an order of |
supervision for driving under
the influence of alcohol or drugs |
shall pay an additional fee of $100 to the
clerk of the circuit |
court. This amount, less 2 1/2% that shall be used to
defray |
administrative costs incurred by the clerk, shall be remitted |
by the
clerk to the Treasurer within 60 days after receipt for |
deposit into the Trauma
Center Fund. This additional fee of |
$100 shall not be considered a part of the
fine for purposes of |
any reduction in the fine for time served either before or
|
after sentencing. Not later than March 1 of each year the |
Circuit Clerk shall
submit a report of the amount of funds |
remitted to the State Treasurer under
this subsection during |
the preceding calendar year.
|
(b-1) In addition to any other fines and court costs |
assessed by the courts,
any person convicted or receiving an |
order of supervision for driving under the
influence of alcohol |
or drugs shall pay an additional fee of $5 to the clerk
of the |
circuit court. This amount, less
2 1/2% that shall be used to |
|
defray administrative costs incurred by the clerk,
shall be |
remitted by the clerk to the Treasurer within 60 days after |
receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
Research Trust Fund.
This additional fee of $5 shall not
be |
considered a part of the fine for purposes of any reduction in |
the fine for
time served either before or after sentencing. Not |
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer |
under this subsection during the preceding calendar
year.
|
(c) In addition to any other fines and court costs assessed |
by the courts,
any person convicted for a violation of Sections |
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
person sentenced for a violation of the Cannabis
Control Act ,
|
or the Illinois Controlled Substances
Substance Act , or the |
Methamphetamine Control and Community Protection Act
shall pay |
an additional fee of $100 to the clerk
of the circuit court. |
This amount, less
2 1/2% that shall be used to defray |
administrative costs incurred by the clerk,
shall be remitted |
by the clerk to the Treasurer within 60 days after receipt
for |
deposit into the Trauma Center Fund. This additional fee of |
$100 shall not
be considered a part of the fine for purposes of |
any reduction in the fine for
time served either before or |
after sentencing. Not later than March 1 of each
year the |
Circuit Clerk shall submit a report of the amount of funds |
remitted to
the State Treasurer under this subsection during |
the preceding calendar year.
|
(c-1) In addition to any other fines and court costs |
assessed by the
courts, any person sentenced for a violation of |
the Cannabis Control Act ,
or
the Illinois Controlled Substances |
Act , or the Methamphetamine Control and Community Protection |
Act shall pay an additional fee of $5 to the
clerk of the |
circuit court. This amount, less 2 1/2% that shall be used to
|
defray administrative costs incurred by the clerk, shall be |
remitted by the
clerk to the Treasurer within 60 days after |
receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
Research Trust Fund. This additional fee of $5
shall not be |
|
considered a part of the fine for purposes of any reduction in |
the
fine for time served either before or after sentencing. Not |
later than March 1
of each year the Circuit Clerk shall submit |
a report of the amount of funds
remitted to the State Treasurer |
under this subsection during the preceding
calendar year.
|
(d) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
(1) 50% of the amounts collected for felony offenses |
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
Animals Act and Section 26-5 of the Criminal Code of
1961;
|
(2) 20% of the amounts collected for Class A and Class |
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
for Animals Act and Section 26-5 of the Criminal
Code of |
1961; and
|
(3) 50% of the amounts collected for Class C |
misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
for Animals Act and Section 26-5 of the
Criminal Code of |
1961.
|
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, |
eff. 7-11-02; 92-651, eff. 7-11-02; 93-800, eff. 1-1-05.)
|
Section 1050. The Juvenile Court Act of 1987 is amended by |
changing Sections 1-7, 1-8, 5-130, 5-601, 5-615, 5-710, 5-715, |
5-805, and 5-901 as follows:
|
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
|
Sec. 1-7. Confidentiality of law enforcement records.
|
(A) Inspection and copying of law enforcement records |
maintained by law
enforcement agencies that relate to a minor |
who has been arrested or taken
into custody before his or her |
17th birthday shall be restricted to the
following:
|
(1) Any local, State or federal law enforcement |
officers of any
jurisdiction or agency when necessary for |
the discharge of their official
duties during the |
|
investigation or prosecution of a crime or relating to a
|
minor who has been adjudicated delinquent and there has |
been a previous finding
that the act which constitutes the |
previous offense was committed in
furtherance of criminal |
activities by a criminal street gang. For purposes of
this |
Section, "criminal street gang" has the meaning ascribed to |
it in
Section 10 of the Illinois Streetgang Terrorism |
Omnibus Prevention Act.
|
(2) Prosecutors, probation officers, social workers, |
or other
individuals assigned by the court to conduct a |
pre-adjudication or
pre-disposition investigation, and |
individuals responsible for supervising
or providing |
temporary or permanent care and custody for minors pursuant |
to
the order of the juvenile court, when essential to |
performing their
responsibilities.
|
(3) Prosecutors and probation officers:
|
(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
|
(b) when institution of criminal proceedings has |
been permitted or required under Section 5-805 and such |
minor is the
subject
of a proceeding to determine the |
amount of bail; or
|
(c) when criminal proceedings have been permitted
|
or
required under Section 5-805 and such minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation, fitness hearing, or proceedings
on an |
application for probation.
|
(4) Adult and Juvenile Prisoner Review Board.
|
(5) Authorized military personnel.
|
(6) Persons engaged in bona fide research, with the |
permission of the
Presiding Judge of the Juvenile Court and |
the chief executive of the respective
law enforcement |
agency; provided that publication of such research results
|
in no disclosure of a minor's identity and protects the |
confidentiality
of the minor's record.
|
|
(7) Department of Children and Family Services child |
protection
investigators acting in their official |
capacity.
|
(8) The appropriate school official. Inspection and |
copying
shall be limited to law enforcement records |
transmitted to the appropriate
school official by a local |
law enforcement agency under a reciprocal reporting
system |
established and maintained between the school district and |
the local law
enforcement agency under Section 10-20.14 of |
the School Code concerning a minor
enrolled in a school |
within the school district who has been arrested or taken
|
into custody for any of the following offenses:
|
(i) unlawful use of weapons under Section 24-1 of |
the Criminal Code of
1961;
|
(ii) a violation of the Illinois Controlled |
Substances Act;
|
(iii) a violation of the Cannabis Control Act; or
|
(iv) a forcible felony as defined in Section 2-8 of |
the Criminal Code
of 1961 ; or . |
(v) a violation of the Methamphetamine Control and |
Community Protection Act.
|
(9) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is
the
subject of |
juvenile law enforcement records or the respondent to a |
petition
brought under the Sexually Violent Persons |
Commitment Act who is the subject of
the
juvenile law |
enforcement records sought.
Any records and any |
information obtained from those records under this
|
paragraph (9) may be used only in sexually violent persons |
commitment
proceedings.
|
(B) (1) Except as provided in paragraph (2), no law |
enforcement
officer or other person or agency may knowingly |
|
transmit to the Department of
Corrections, Adult Division |
or the Department of State Police or to the Federal
Bureau |
of Investigation any fingerprint or photograph relating to |
a minor who
has been arrested or taken into custody before |
his or her 17th birthday,
unless the court in proceedings |
under this Act authorizes the transmission or
enters an |
order under Section 5-805 permitting or requiring the
|
institution of
criminal proceedings.
|
(2) Law enforcement officers or other persons or |
agencies shall transmit
to the Department of State Police |
copies of fingerprints and descriptions
of all minors who |
have been arrested or taken into custody before their
17th |
birthday for the offense of unlawful use of weapons under |
Article 24 of
the Criminal Code of 1961, a Class X or Class |
1 felony, a forcible felony as
defined in Section 2-8 of |
the Criminal Code of 1961, or a Class 2 or greater
felony |
under the Cannabis Control Act, the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
pursuant to Section 5 of the
Criminal Identification Act. |
Information reported to the Department pursuant
to this |
Section may be maintained with records that the Department |
files
pursuant to Section 2.1 of the Criminal |
Identification Act. Nothing in this
Act prohibits a law |
enforcement agency from fingerprinting a minor taken into
|
custody or arrested before his or her 17th birthday for an |
offense other than
those listed in this paragraph (2).
|
(C) The records of law enforcement officers concerning all |
minors under
17 years of age must be maintained separate from |
the records of arrests and
may not be open to public inspection |
or their contents disclosed to the
public except by order of |
the court or when the institution of criminal
proceedings has |
been permitted or required under Section
5-805 or such a person |
has been convicted of a crime and is the
subject of
|
pre-sentence investigation or proceedings on an application |
for probation
or when provided by law.
|
|
(D) Nothing contained in subsection (C) of this Section |
shall prohibit
the inspection or disclosure to victims and |
witnesses of photographs
contained in the records of law |
enforcement agencies when the
inspection and disclosure is |
conducted in the presence of a law enforcement
officer for the |
purpose of the identification or apprehension of any person
|
subject to the provisions of this Act or for the investigation |
or
prosecution of any crime.
|
(E) Law enforcement officers may not disclose the identity |
of any minor
in releasing information to the general public as |
to the arrest, investigation
or disposition of any case |
involving a minor.
|
(F) Nothing contained in this Section shall prohibit law |
enforcement
agencies from communicating with each other by |
letter, memorandum, teletype or
intelligence alert bulletin or |
other means the identity or other relevant
information |
pertaining to a person under 17 years of age if there are
|
reasonable grounds to believe that the person poses a real and |
present danger
to the safety of the public or law enforcement |
officers. The information
provided under this subsection (F) |
shall remain confidential and shall not
be publicly disclosed, |
except as otherwise allowed by law.
|
(G) Nothing in this Section shall prohibit the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of |
an applicant for employment with a law
enforcement agency, |
correctional institution, or fire department
from obtaining |
and examining the
records of any law enforcement agency |
relating to any record of the applicant
having been arrested or |
taken into custody before the applicant's 17th
birthday.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff.
1-1-00; |
92-415, eff. 8-17-01.)
|
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
|
Sec. 1-8. Confidentiality and accessibility of juvenile |
court records.
|
|
(A) Inspection and copying of juvenile court records |
relating to a minor
who is the subject of a proceeding under |
this Act shall be restricted to the
following:
|
(1) The minor who is the subject of record, his |
parents, guardian
and counsel.
|
(2) Law enforcement officers and law enforcement |
agencies when such
information is essential to executing an |
arrest or search warrant or other
compulsory process, or to |
conducting an ongoing investigation
or relating to a minor |
who
has been adjudicated delinquent and there has been a |
previous finding that
the act which constitutes the |
previous offense was committed in furtherance
of criminal |
activities by a criminal street gang.
|
Before July 1, 1994, for the purposes of this Section, |
"criminal street
gang" means any ongoing
organization, |
association, or group of 3 or more persons, whether formal |
or
informal, having as one of its primary activities the |
commission of one or
more criminal acts and that has a |
common name or common identifying sign,
symbol or specific |
color apparel displayed, and whose members individually
or |
collectively engage in or have engaged in a pattern of |
criminal activity.
|
Beginning July 1, 1994, for purposes of this Section, |
"criminal street
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
|
(3) Judges, hearing officers, prosecutors, probation |
officers, social
workers or other
individuals assigned by |
the court to conduct a pre-adjudication or
predisposition |
investigation, and individuals responsible for supervising
|
or providing temporary or permanent care and custody for |
minors pursuant
to the order of the juvenile court when |
essential to performing their
responsibilities.
|
(4) Judges, prosecutors and probation officers:
|
(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
|
under Section 5-805; or
|
(b) when criminal proceedings have been permitted
|
or
required under Section 5-805 and a minor is the |
subject of a
proceeding to
determine the amount of |
bail; or
|
(c) when criminal proceedings have been permitted
|
or
required under Section 5-805 and a minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation or fitness hearing, or
proceedings on an |
application for probation; or
|
(d) when a minor becomes 17 years of age or older, |
and is the subject
of criminal proceedings, including a |
hearing to determine the amount of
bail, a pre-trial |
investigation, a pre-sentence investigation, a fitness
|
hearing, or proceedings on an application for |
probation.
|
(5) Adult and Juvenile Prisoner Review Boards.
|
(6) Authorized military personnel.
|
(7) Victims, their subrogees and legal |
representatives; however, such
persons shall have access |
only to the name and address of the minor and
information |
pertaining to the disposition or alternative adjustment |
plan
of the juvenile court.
|
(8) Persons engaged in bona fide research, with the |
permission of the
presiding judge of the juvenile court and |
the chief executive of the agency
that prepared the |
particular records; provided that publication of such
|
research results in no disclosure of a minor's identity and |
protects the
confidentiality of the record.
|
(9) The Secretary of State to whom the Clerk of the |
Court shall report
the disposition of all cases, as |
required in Section 6-204 of the Illinois
Vehicle Code. |
However, information reported relative to these offenses |
shall
be privileged and available only to the Secretary of |
State, courts, and police
officers.
|
(10) The administrator of a bonafide substance abuse |
|
student
assistance program with the permission of the |
presiding judge of the
juvenile court.
|
(11) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Persons Commitment Act |
relating to a person who is the
subject of
juvenile court |
records or the respondent to a petition brought under
the
|
Sexually Violent Persons Commitment Act, who is the subject |
of juvenile
court records
sought. Any records and any |
information obtained from those records under this
|
paragraph (11) may be used only in sexually violent persons |
commitment
proceedings.
|
(B) A minor who is the victim in a juvenile proceeding |
shall be
provided the same confidentiality regarding |
disclosure of identity as the
minor who is the subject of |
record.
|
(C) Except as otherwise provided in this subsection (C), |
juvenile court
records shall not be made available to the |
general public
but may be inspected by representatives of |
agencies, associations and news
media or other properly |
interested persons by general or special order of
the court. |
The State's Attorney, the minor, his parents, guardian and |
counsel
shall at all times have the right to examine court |
files and records.
|
(1) The
court shall allow the general public to have |
access to the name, address, and offense of a minor
who is |
adjudicated a delinquent minor under this Act under either |
of the
following circumstances:
|
(A) The
adjudication of
delinquency was based upon |
the
minor's
commission of first degree murder, attempt |
to commit first degree
murder, aggravated criminal |
sexual assault, or criminal sexual assault; or
|
(B) The court has made a finding that the minor was |
at least 13 years of
age
at the time the act was |
|
committed and the adjudication of delinquency was |
based
upon the minor's commission of: (i)
an act in |
furtherance of the commission of a felony as a member |
of or on
behalf of a criminal street
gang, (ii) an act |
involving the use of a firearm in the commission of a
|
felony, (iii) an act that would be a Class X felony |
offense
under or
the minor's second or subsequent
Class |
2 or greater felony offense under the Cannabis Control |
Act if committed by an adult,
(iv) an act that would be |
a second or subsequent offense under Section 402 of
the |
Illinois Controlled Substances Act if committed by an |
adult, or (v) an act
that would be an offense under |
Section 401 of the Illinois Controlled
Substances Act |
if committed by an adult , (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act .
|
(2) The court
shall allow the general public to have |
access to the name, address, and offense of a minor who is |
at least 13 years of age at
the time the offense
is |
committed and who is convicted, in criminal proceedings
|
permitted or required under Section 5-4, under either of |
the following
circumstances:
|
(A) The minor has been convicted of first degree |
murder, attempt
to commit first degree
murder, |
aggravated criminal sexual
assault, or criminal sexual |
assault,
|
(B) The court has made a finding that the minor was |
at least 13 years
of age
at the time the offense was |
committed and the conviction was based upon the
minor's |
commission of: (i)
an offense in
furtherance of the |
commission of a felony as a member of or on behalf of a
|
criminal street gang, (ii) an offense
involving the use |
of a firearm in the commission of a felony, (iii)
a |
|
Class X felony offense under or a second or subsequent |
Class 2 or
greater felony offense under the Cannabis |
Control Act, (iv) a
second or subsequent offense under |
Section 402 of the Illinois
Controlled Substances Act, |
or (v) an offense under Section 401 of the Illinois
|
Controlled Substances Act , (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act .
|
(D) Pending or following any adjudication of delinquency |
for
any offense defined
in Sections 12-13 through 12-16 of the |
Criminal Code of 1961,
the victim of any such offense shall |
receive the
rights set out in Sections 4 and 6 of the Bill of
|
Rights for Victims and Witnesses of Violent Crime Act; and the
|
juvenile who is the subject of the adjudication, |
notwithstanding any other
provision of this Act, shall be |
treated
as an adult for the purpose of affording such rights to |
the victim.
|
(E) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of
|
an applicant for employment with a law enforcement
agency, |
correctional institution, or fire department to
ascertain
|
whether that applicant was ever adjudicated to be a delinquent |
minor and,
if so, to examine the records of disposition or |
evidence which were made in
proceedings under this Act.
|
(F) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the |
State's Attorney shall ascertain
whether the minor respondent |
is enrolled in school and, if so, shall provide
a copy of the |
dispositional order to the principal or chief administrative
|
officer of the school. Access to such juvenile records shall be |
|
limited
to the principal or chief administrative officer of the |
school and any guidance
counselor designated by him.
|
(G) Nothing contained in this Act prevents the sharing or
|
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
|
(H) When a Court hearing a proceeding under Article II of |
this Act becomes
aware that an earlier proceeding under Article |
II had been heard in a different
county, that Court shall |
request, and the Court in which the earlier
proceedings were |
initiated shall transmit, an authenticated copy of the Court
|
record, including all documents, petitions, and orders filed |
therein and the
minute orders, transcript of proceedings, and |
docket entries of the Court.
|
(I) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 17th birthday for those offenses required to be reported
|
under Section 5 of the Criminal Identification Act. Information |
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, |
92-415, eff.
8-17-01.)
|
(705 ILCS 405/5-130)
|
Sec. 5-130. Excluded jurisdiction.
|
(1) (a) The definition of delinquent minor under Section |
5-120 of this
Article shall not apply to any minor who at the |
time of an offense was at
least 15 years of age and who is |
charged with first degree murder, aggravated
criminal sexual |
assault, aggravated battery with a firearm committed in a
|
school, on the real property comprising a school, within 1,000 |
|
feet of the real
property comprising a school, at a school |
related activity, or on, boarding, or
departing from any |
conveyance owned, leased, or contracted by a school or
school |
district to transport
students to or from school or a school |
related activity regardless of the time
of day or time of year |
that the offense was committed, armed robbery when the
armed |
robbery was committed with a firearm, or aggravated vehicular |
hijacking
when the hijacking was committed with a firearm.
|
These charges and all other charges arising out of the same |
incident shall
be prosecuted under the criminal laws of this |
State.
|
For purposes of this paragraph (a) of subsection (l):
|
"School" means a public or private elementary or secondary |
school, community
college, college, or university.
|
"School related activity" means any sporting, social, |
academic or other
activity for which students' attendance or |
participation is sponsored,
organized, or funded in whole or in |
part by a school or school district.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection
(1) the State's Attorney |
may proceed on any lesser charge or charges, but
only in |
Juvenile Court under the provisions of this Article. The |
State's
Attorney may proceed under the Criminal Code of 1961 on |
a lesser charge if
before trial the minor defendant knowingly |
and with advice of counsel waives,
in writing, his or her right |
to have the matter proceed in Juvenile Court.
|
(ii) If before trial or plea an information or indictment |
is filed that
includes one or more charges specified in |
paragraph (a) of this subsection
(1) and
additional charges |
that are not specified in that paragraph, all of the charges
|
arising out of the same incident shall be prosecuted under the |
Criminal Code of
1961.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered by paragraph (a) of this subsection (1), |
then, in sentencing the minor,
the court shall have available |
|
any or all dispositions prescribed for that
offense under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or plea the court finds that the minor |
committed an
offense not covered by paragraph (a) of this |
subsection (1), that finding shall
not invalidate the verdict |
or the prosecution of the minor under the criminal
laws of the |
State; however, unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article. To request a hearing, the |
State must file a written motion within 10
days following the |
entry of a finding or the return of a verdict. Reasonable
|
notice of the motion shall be given to the minor or his or her |
counsel.
If the motion is made by the State, the court shall |
conduct a hearing to
determine if the minor should be sentenced |
under Chapter V of the Unified Code
of Corrections. In making |
its determination, the court shall consider among
other |
matters: (a) whether there is
evidence that the offense was |
committed in an aggressive and premeditated
manner; (b) the age |
of the minor; (c) the previous history of the
minor; (d) |
whether there are facilities particularly available to the |
Juvenile
Court or the Department of Corrections, Juvenile |
Division, for the treatment
and rehabilitation of the minor; |
(e) whether
the security of the public requires sentencing |
under Chapter V of the
Unified Code of Corrections; and (f) |
whether the minor possessed a deadly
weapon when committing the |
offense. The rules of evidence shall be the same as
if at |
trial. If after the hearing the court finds that the minor |
should be
sentenced under Chapter V of the Unified Code of |
Corrections, then the court
shall sentence the minor |
accordingly having available to it any or all
dispositions so |
prescribed.
|
(2) (a) The definition of a delinquent minor under Section
|
5-120 of
this Article shall not apply to any minor who at the |
time of the offense was at
least 15 years of age and who is |
charged with an offense under Section 401 of
the Illinois |
|
Controlled Substances Act or an offense under the |
Methamphetamine Control and Community Protection Act , while in |
a school, regardless of the
time of day or the time of year, or |
any conveyance owned, leased or contracted
by a school to |
transport students to or from school or a school related
|
activity, or residential property owned, operated or managed by |
a public
housing agency or leased by a public housing agency as |
part of a scattered
site or mixed-income development, on the |
real property comprising any school,
regardless of the time of |
day or the time of year, or residential property
owned, |
operated or managed by a public housing agency or leased by a |
public
housing agency as part of a scattered site or |
mixed-income development, or
on a public way within 1,000 feet |
of the real property comprising any school,
regardless of the |
time of day or the time of year, or
residential property owned, |
operated or managed by a public housing agency
or leased by a |
public housing agency as part of a scattered site or
|
mixed-income development. School is defined, for the purposes |
of this Section,
as any public or private elementary or |
secondary school, community college,
college, or university. |
These charges and all other charges arising out of the
same |
incident shall be prosecuted under the criminal laws of this |
State.
|
(b) (i) If before trial or plea an information or |
indictment is filed
that
does not charge an offense specified |
in paragraph (a) of this subsection (2)
the State's Attorney |
may proceed on any lesser charge or charges, but only in
|
Juvenile Court under the provisions of this Article. The |
State's Attorney may
proceed under the criminal laws of this |
State on a lesser charge if before
trial the minor defendant |
knowingly and with advice of counsel waives,
in writing, his or |
her right to have the matter proceed in Juvenile Court.
|
(ii) If before trial or plea an information or indictment |
is filed that
includes one or more charges specified in |
paragraph (a) of this subsection (2)
and additional charges |
that are not specified in that paragraph, all of the
charges |
|
arising out of the same incident shall be prosecuted under the |
criminal
laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered by paragraph (a) of this subsection (2), |
then, in sentencing the minor,
the court shall have available |
any or all dispositions prescribed for that
offense under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or plea the court finds that the minor |
committed an
offense not covered by paragraph (a) of this |
subsection (2), that finding shall
not invalidate the verdict |
or the prosecution of the minor under the criminal
laws of the |
State; however, unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article. To request a hearing, the |
State must file a written motion within 10
days following the |
entry of a finding or the return of a verdict. Reasonable
|
notice of the motion shall be given to the minor or his or her |
counsel. If the
motion is made by the State, the court shall |
conduct a hearing to determine
if the minor should be sentenced |
under Chapter V of the Unified Code of
Corrections. In making |
its determination, the court shall consider among
other |
matters: (a) whether there is evidence that the offense was |
committed
in an aggressive and premeditated manner; (b) the age |
of the minor; (c) the
previous history of the minor; (d) |
whether there are facilities particularly
available to the |
Juvenile Court or the Department of Corrections, Juvenile
|
Division, for the treatment and rehabilitation of the minor; |
(e) whether the
security of the public requires sentencing |
under Chapter V of the Unified Code
of Corrections; and (f) |
whether the minor possessed a deadly weapon when
committing the |
offense. The rules of evidence shall be the same as if at
|
trial. If after the hearing the court finds that the minor |
should be sentenced
under Chapter V of the Unified Code of |
Corrections, then the court shall
sentence the minor |
accordingly having available to it any or all dispositions
so |
|
prescribed.
|
(3) (a) The definition of delinquent minor under Section
|
5-120 of this
Article shall not apply to any minor who at the |
time of the offense was at
least 15 years of age and who is |
charged with a violation of the provisions of
paragraph (1), |
(3), (4), or (10) of subsection (a) of Section 24-1 of the
|
Criminal Code of 1961 while in school, regardless of the time |
of day or the
time of year, or on the real property comprising |
any school, regardless of the
time of day or the time of year. |
School is defined, for purposes of this
Section as any public |
or private elementary or secondary school, community
college, |
college, or university. These charges and all other charges |
arising
out of the same incident shall be prosecuted under the |
criminal laws of this
State.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection (3)
the State's Attorney |
may proceed on any lesser charge or charges, but only in
|
Juvenile Court under the provisions of this Article. The |
State's Attorney may
proceed under the criminal laws of this |
State on a lesser charge if before
trial the minor defendant |
knowingly and with advice of counsel waives, in
writing, his or |
her right to have the matter proceed in Juvenile Court.
|
(ii) If before trial or plea an information or indictment |
is filed that
includes one or more charges specified in |
paragraph (a) of this subsection (3)
and additional charges |
that are not specified in that paragraph, all of the
charges |
arising out of the same incident shall be prosecuted under the |
criminal
laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered by paragraph (a) of this subsection (3), |
then, in sentencing the minor,
the court shall have available |
any or all dispositions prescribed for that
offense under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or plea the court finds that the minor |
committed an
offense not covered by paragraph (a) of this |
|
subsection (3), that finding shall
not invalidate the verdict |
or the prosecution of the minor under the criminal
laws of the |
State; however, unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article. To request a hearing, the |
State must file a written motion within 10
days following the |
entry of a finding or the return of a verdict. Reasonable
|
notice of the motion shall be given to the minor or his or her |
counsel. If the
motion is made by the State, the court shall |
conduct a hearing to determine if
the minor should be sentenced |
under Chapter V of the Unified Code of
Corrections. In making |
its determination, the court shall consider
among other |
matters: (a) whether there is
evidence that the offense was |
committed in an aggressive and premeditated
manner; (b) the age |
of the minor; (c) the previous history of the
minor; (d) |
whether there are facilities particularly available to the |
Juvenile
Court or the Department of Corrections, Juvenile |
Division, for the treatment
and rehabilitation of the minor; |
(e) whether
the security of the public requires sentencing |
under Chapter V of the
Unified Code of Corrections; and (f) |
whether the minor possessed a deadly
weapon when committing the |
offense. The rules of evidence shall be the same as
if at |
trial. If after the hearing the court finds that the minor |
should be
sentenced under Chapter V of the Unified Code of |
Corrections, then the court
shall sentence the minor |
accordingly having available to it any or all
dispositions so |
prescribed.
|
(4) (a) The definition of delinquent minor under Section |
5-120 of this
Article
shall not apply to any minor who at the |
time of an offense was at least 13
years of age and who is |
charged with first degree murder committed during the
course of |
either aggravated criminal sexual assault, criminal sexual |
assault,
or aggravated kidnaping. However, this subsection (4) |
does not include a minor
charged with first degree murder based |
exclusively upon the accountability
provisions of the Criminal |
|
Code of 1961.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge first degree murder |
committed during the course of aggravated
criminal sexual |
assault, criminal
sexual assault, or aggravated kidnaping, the |
State's Attorney may proceed on
any lesser charge or charges, |
but only in Juvenile Court under the provisions
of this |
Article. The State's Attorney may proceed under the criminal |
laws of
this State
on a lesser charge if before trial the minor |
defendant knowingly and with
advice of counsel waives, in |
writing, his or her right to have the matter
proceed in |
Juvenile Court.
|
(ii) If before trial or plea an information or
indictment |
is filed that includes first degree murder committed during the
|
course of aggravated criminal sexual assault, criminal sexual |
assault, or
aggravated kidnaping, and additional charges that |
are not specified in
paragraph (a) of this subsection, all of |
the charges arising out of the same
incident shall be |
prosecuted under the criminal laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
first degree
murder
committed during the course of aggravated |
criminal sexual assault, criminal
sexual assault, or |
aggravated kidnaping, in sentencing the minor, the court
shall |
have available any or all dispositions prescribed for that |
offense under
Chapter V of the Unified Code of Corrections.
|
(ii) If the minor was not yet 15
years of age at the time of |
the offense, and if after trial or plea the court
finds that |
the minor
committed an offense other than first degree murder |
committed during
the course of either aggravated criminal |
sexual assault, criminal sexual
assault, or aggravated |
kidnapping, the finding shall not invalidate the
verdict or the |
prosecution of the minor under the criminal laws of the State;
|
however, unless the State requests a hearing for the purpose of |
sentencing the
minor under
Chapter V of the Unified Code of |
Corrections, the Court must proceed under
Sections 5-705 and |
5-710 of this Article. To request a hearing, the State must
|
|
file a written motion within 10 days following the entry of a |
finding or the
return of a verdict. Reasonable notice of the |
motion shall be given to the
minor or his or her counsel. If |
the motion is made by the State, the court
shall conduct a |
hearing to determine whether the minor should be sentenced
|
under Chapter V of the
Unified Code of Corrections. In making |
its determination, the court shall
consider among other |
matters: (a) whether there is evidence that the offense
was |
committed in an
aggressive and premeditated manner; (b) the age |
of the minor; (c) the
previous delinquent history of the minor; |
(d) whether there are facilities
particularly available to the |
Juvenile Court or the Department of Corrections,
Juvenile |
Division,
for the treatment and rehabilitation of the minor; |
(e) whether the best
interest of the minor and the security of |
the public require sentencing under
Chapter V of the Unified |
Code of Corrections; and (f) whether the minor
possessed a |
deadly weapon when committing the offense. The rules of |
evidence
shall be the same as if at trial. If after the hearing |
the court finds that
the minor should be sentenced under |
Chapter V of the Unified Code of
Corrections, then the court |
shall sentence the minor accordingly having
available to it any |
or all dispositions so prescribed.
|
(5) (a) The definition of delinquent minor under Section |
5-120 of this
Article
shall not apply to any minor who is |
charged with a violation of subsection (a)
of Section 31-6 or |
Section 32-10 of the Criminal Code of 1961 when the minor is
|
subject to prosecution under the criminal laws of this State as |
a result of the
application of the provisions of Section 5-125, |
or subsection (1) or (2) of
this Section. These charges and all |
other charges arising out of the same
incident shall be |
prosecuted under the criminal laws of this State.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection (5),
the State's Attorney |
may proceed on any lesser charge or charges, but only in
|
Juvenile Court under the provisions of this Article. The |
|
State's Attorney may
proceed under the criminal laws of this |
State on a lesser charge if before
trial the minor defendant |
knowingly and with advice of counsel waives, in
writing, his or |
her right to have the matter proceed in Juvenile Court.
|
(ii) If before trial
or plea an information or indictment |
is filed that includes one or more charges
specified in |
paragraph (a) of this subsection (5) and additional charges |
that
are not specified in that paragraph, all of
the charges |
arising out of the same incident shall be prosecuted under the
|
criminal laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered
by paragraph (a) of this subsection (5), |
then, in sentencing the minor, the
court shall have available |
any or all dispositions prescribed for that offense
under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or
plea the court finds that the minor |
committed an offense not covered by
paragraph (a) of
this |
subsection (5), the conviction shall not invalidate the verdict |
or the
prosecution of the minor under the criminal laws of this |
State; however,
unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article.
To request a hearing, the |
State must file a written motion within 10 days
following the |
entry of a finding or the return of a verdict. Reasonable |
notice
of the motion shall be given to the minor or his or her |
counsel. If the motion
is made by the State, the court shall |
conduct a hearing to determine if whether
the minor should be |
sentenced under Chapter V of the Unified Code of
Corrections. |
In making its determination, the court shall consider among |
other
matters: (a) whether there is evidence that the offense |
was committed in an
aggressive and premeditated manner; (b) the |
age of the minor; (c) the previous
delinquent history of the |
minor; (d) whether there are facilities particularly
available |
to the Juvenile Court or the Department of Corrections, |
Juvenile
Division, for the treatment and rehabilitation of the |
|
minor; (e) whether
the security of the public requires |
sentencing under Chapter V of the Unified
Code of Corrections; |
and (f) whether the minor possessed a deadly weapon when
|
committing the offense. The rules of evidence shall be the same |
as if at
trial. If after the hearing the court finds that the |
minor should be sentenced
under Chapter V of the Unified Code |
of Corrections, then the court shall
sentence the minor |
accordingly having available to it any or all dispositions
so |
prescribed.
|
(6) The definition of delinquent minor under Section 5-120 |
of this Article
shall not apply to any minor who, pursuant to |
subsection (1), (2), or (3) or
Section 5-805, or 5-810, has |
previously been placed under the jurisdiction of
the criminal |
court and has been convicted of a crime under an adult criminal |
or
penal statute. Such a minor shall be subject to prosecution |
under the criminal
laws of this State.
|
(7) The procedures set out in this Article for the |
investigation, arrest and
prosecution of juvenile offenders |
shall not apply to minors who are excluded
from jurisdiction of |
the Juvenile Court, except that minors under 17 years of
age |
shall be kept separate from confined adults.
|
(8) Nothing in this Act prohibits or limits the prosecution |
of any
minor for an offense committed on or after his or her |
17th birthday even though
he or she is at the time of the |
offense a ward of the court.
|
(9) If an original petition for adjudication of wardship |
alleges the
commission by a minor 13 years of age or
over of an |
act that constitutes a crime under the laws of this State,
the |
minor, with the consent of his or her counsel, may, at any time |
before
commencement of the adjudicatory hearing, file with the |
court a motion
that criminal prosecution be ordered and that |
the petition be dismissed
insofar as the act or acts involved |
in the criminal proceedings are
concerned. If such a motion is |
filed as herein provided, the court shall
enter its order |
accordingly.
|
(10) If a minor is subject to the provisions of subsection |
|
(2) of this
Section, other than a minor charged with a Class X |
felony violation of the
Illinois Controlled
Substances Act or |
the Methamphetamine Control and Community Protection Act , any |
party including the minor or the court sua sponte
may, before |
trial,
move for a hearing for the purpose of trying and |
sentencing the minor as
a delinquent minor. To request a |
hearing, the party must file a motion
prior to trial. |
Reasonable notice of the motion shall be given to all
parties. |
On its own motion or upon the filing of a motion by one of the
|
parties including the minor, the court shall conduct a hearing |
to
determine whether the minor should be tried and sentenced as |
a
delinquent minor under this Article. In making its |
determination, the
court shall consider among other matters:
|
(a) The age of the minor;
|
(b) Any previous delinquent or criminal history of the |
minor;
|
(c) Any previous abuse or neglect history of the minor;
|
(d) Any mental health or educational history of the minor, |
or both; and
|
(e) Whether there is probable cause to support the charge, |
whether
the minor is charged through accountability, and |
whether there is
evidence the minor possessed a deadly weapon |
or caused serious
bodily harm during the offense.
|
Any material that is relevant and reliable shall be |
admissible at the
hearing. In
all cases, the judge shall enter |
an order permitting prosecution
under the criminal laws of |
Illinois unless the judge makes a finding
based on a |
preponderance of the evidence that the minor would be
amenable |
to the care, treatment, and training programs available
through |
the facilities of the juvenile court based on an evaluation of
|
the factors listed in this subsection (10).
|
(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, |
eff.
6-28-01; 92-665, eff. 1-1-03.)
|
(705 ILCS 405/5-601)
|
Sec. 5-601. Trial.
|
|
(1) When a petition has been filed alleging that the minor |
is a
delinquent, a trial
must be held within 120 days of a |
written demand for such hearing made by any
party,
except that |
when the State, without success, has exercised due diligence to
|
obtain evidence material to the case and there are reasonable |
grounds to
believe that the evidence may be obtained at a later |
date, the court may, upon
motion by the State, continue the |
trial for not more than 30 additional days.
|
(2) If a minor respondent has multiple delinquency |
petitions pending
against him or her in the same county and |
simultaneously demands a trial upon
more than
one delinquency |
petition pending against him or her in the same county, he or
|
she shall
receive a trial or have a finding, after waiver of |
trial, upon at least one
such petition before expiration |
relative to any of the pending
petitions of the period |
described by this Section. All remaining petitions
thus pending |
against the minor respondent shall be adjudicated within 160 |
days
from the date on which a finding relative to the first |
petition prosecuted
is rendered under Section 5-620 of this |
Article, or, if the trial upon the
first petition is terminated |
without a finding and there is no subsequent
trial, or |
adjudication after waiver of trial, on the first petition |
within a
reasonable time, the minor shall receive a trial upon |
all of the remaining
petitions within 160 days from the date on |
which the trial, or finding after
waiver of trial, on the first |
petition is concluded. If either such period of
160 days |
expires without the commencement of trial, or adjudication |
after
waiver of trial, of any of the remaining pending |
petitions, the petition or
petitions shall
be dismissed and |
barred for want of prosecution unless the delay is occasioned
|
by any of the reasons described in this Section.
|
(3) When no such trial is held within the time required by |
subsections (1)
and (2) of this Section, the court shall, upon |
motion by any party, dismiss the
petition with prejudice.
|
(4) Without affecting the applicability of the tolling and |
multiple
prosecution provisions of subsections (8) and (2) of |
|
this Section when a
petition has been filed alleging that the |
minor is a delinquent and the minor
is in detention or shelter |
care, the trial shall be held within 30 calendar
days after the |
date of the order directing detention or shelter care, or the
|
earliest possible date in compliance with the provisions of |
Section 5-525 as to
the custodial
parent, guardian or legal |
custodian, but no later than 45 calendar days from
the date of |
the order of the court directing detention or shelter care. |
When
the petition alleges the minor has committed an offense |
involving a controlled
substance as defined in the Illinois |
Controlled Substances Act or methamphetamine as defined in the |
Methamphetamine Control and Community Protection Act , the |
court may,
upon motion of the State, continue the trial
for |
receipt of a confirmatory laboratory report for up to 45 days |
after the
date of the order directing detention or shelter |
care. When the petition
alleges the minor committed an offense |
that involves the death of, great bodily
harm to or sexual |
assault or aggravated criminal sexual abuse on a victim, the
|
court may, upon motion of the State, continue the trial for not |
more than 70
calendar days after the date of the order |
directing detention or shelter
care.
|
Any failure to comply with the time limits of this Section |
shall require the
immediate release of the minor from |
detention, and the time limits set forth in
subsections (1) and |
(2) shall apply.
|
(5) If the court determines that the State, without |
success, has exercised
due diligence to obtain the results of |
DNA testing that is material to the
case, and that there are |
reasonable grounds to believe that the results may be
obtained |
at a later date, the court may
continue the cause on |
application of the State for not more than 120 additional
days. |
The court may also extend the period of detention of the minor |
for not
more than 120 additional days.
|
(6) If the State's Attorney makes a written request that a |
proceeding
be designated an extended juvenile jurisdiction |
prosecution, and the minor is
in detention, the period the |
|
minor can be held in detention pursuant to
subsection (4),
|
shall be extended an additional 30 days after the court |
determines whether the
proceeding will be designated an |
extended juvenile jurisdiction prosecution or
the State's |
Attorney withdraws the request for extended juvenile |
jurisdiction
prosecution.
|
(7) When the State's Attorney files a motion for waiver of |
jurisdiction
pursuant to
Section 5-805, and the minor is in |
detention, the period the minor can be held
in
detention |
pursuant to subsection (4), shall be extended an additional 30 |
days
if the
court denies motion for waiver of jurisdiction or |
the State's Attorney
withdraws the motion for waiver of |
jurisdiction.
|
(8) The period in which a trial shall be held as prescribed |
by subsections
(1), (2), (3), (4), (5), (6), or (7) of this |
Section is tolled by: (i) delay
occasioned
by the minor; (ii) a |
continuance allowed pursuant to Section 114-4 of the Code
of |
Criminal Procedure of 1963 after the court's determination of |
the minor's
incapacity for trial; (iii) an interlocutory |
appeal;
(iv) an examination of fitness ordered pursuant to |
Section 104-13 of the Code
of Criminal
Procedure of 1963; (v) a |
fitness hearing; or (vi) an adjudication of unfitness
for |
trial. Any such delay shall temporarily suspend, for the time |
of the
delay, the period within which a trial must be held as |
prescribed by
subsections (1), (2), (4), (5), and (6) of this |
Section. On the day of
expiration of the delays the period |
shall continue at the point at which
the time was suspended.
|
(9) Nothing in this Section prevents the minor or the |
minor's parents,
guardian
or legal custodian from exercising |
their respective rights to waive the time
limits set forth in |
this Section.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-615)
|
Sec. 5-615. Continuance under supervision.
|
(1) The court may enter an order of continuance under |
|
supervision for an
offense other than first degree murder, a |
Class X felony or a forcible felony
(a) upon an admission or |
stipulation by the appropriate respondent or minor
respondent |
of the facts supporting the
petition and before proceeding to |
adjudication, or after hearing the evidence
at the trial, and |
(b) in the absence of objection made in open court by the
|
minor, his or her parent, guardian, or legal custodian, the |
minor's attorney or
the
State's Attorney.
|
(2) If the minor, his or her parent, guardian, or legal |
custodian, the
minor's
attorney or State's Attorney objects in |
open court to any continuance and
insists upon proceeding to |
findings and adjudication, the court shall so
proceed.
|
(3) Nothing in this Section limits the power of the court |
to order a
continuance of the hearing for the production of |
additional evidence or for any
other proper reason.
|
(4) When a hearing where a minor is alleged to be a |
delinquent is
continued
pursuant to this Section, the period of |
continuance under supervision may not
exceed 24 months. The |
court may terminate a continuance under supervision at
any time |
if warranted by the conduct of the minor and the ends of |
justice.
|
(5) When a hearing where a minor is alleged to be |
delinquent is continued
pursuant to this Section, the court |
may, as conditions of the continuance under
supervision, |
require the minor to do any of the following:
|
(a) not violate any criminal statute of any |
jurisdiction;
|
(b) make a report to and appear in person before any |
person or agency as
directed by the court;
|
(c) work or pursue a course of study or vocational |
training;
|
(d) undergo medical or psychotherapeutic treatment |
rendered by a therapist
licensed under the provisions of |
the Medical Practice Act of 1987, the
Clinical Psychologist |
Licensing Act, or the Clinical Social Work and Social
Work |
Practice Act, or an entity licensed by the Department of |
|
Human Services as
a successor to the Department of |
Alcoholism and Substance Abuse, for the
provision of drug |
addiction and alcoholism treatment;
|
(e) attend or reside in a facility established for the |
instruction or
residence of persons on probation;
|
(f) support his or her dependents, if any;
|
(g) pay costs;
|
(h) refrain from possessing a firearm or other |
dangerous weapon, or an
automobile;
|
(i) permit the probation officer to visit him or her at |
his or her home or
elsewhere;
|
(j) reside with his or her parents or in a foster home;
|
(k) attend school;
|
(k-5) with the consent of the superintendent
of the
|
facility, attend an educational program at a facility other |
than the school
in which the
offense was committed if he
or |
she committed a crime of violence as
defined in
Section 2 |
of the Crime Victims Compensation Act in a school, on the
|
real
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(l) attend a non-residential program for youth;
|
(m) contribute to his or her own support at home or in |
a foster home;
|
(n) perform some reasonable public or community |
service;
|
(o) make restitution to the victim, in the same manner |
and under the same
conditions as provided in subsection (4) |
of Section 5-710, except that the
"sentencing hearing" |
referred
to in that Section shall be the adjudicatory |
hearing for purposes of this
Section;
|
(p) comply with curfew requirements as designated by |
the court;
|
(q) refrain from entering into a designated geographic |
area except upon
terms as the court finds appropriate. The |
terms may include consideration of
the purpose of the |
entry, the time of day, other persons accompanying the
|
|
minor, and advance approval by a probation officer;
|
(r) refrain from having any contact, directly or |
indirectly, with certain
specified persons or particular |
types of persons, including but not limited to
members of |
street gangs and drug users or dealers;
|
(r-5) undergo a medical or other procedure to have a |
tattoo symbolizing
allegiance to a street gang removed from |
his or her body;
|
(s) refrain from having in his or her body the presence |
of any illicit
drug
prohibited by the Cannabis Control Act ,
|
or the Illinois Controlled Substances
Act , or the |
Methamphetamine Control and Community Protection Act , |
unless prescribed by a physician, and submit samples of his |
or her blood
or urine or both for tests to determine the |
presence of any illicit drug; or
|
(t) comply with any other conditions as may be ordered |
by the court.
|
(6) A minor whose case is continued under supervision under |
subsection (5)
shall be given a certificate setting forth the |
conditions imposed by the court.
Those conditions may be |
reduced, enlarged, or modified by the court on motion
of the |
probation officer or on its own motion, or that of the State's |
Attorney,
or, at the request of the minor after notice and |
hearing.
|
(7) If a petition is filed charging a violation of a |
condition of the
continuance under supervision, the court shall |
conduct a hearing. If the court
finds that a condition of |
supervision has not been fulfilled, the court may
proceed to |
findings and adjudication and disposition. The filing of a |
petition
for violation of a condition of the continuance under |
supervision shall toll
the period of continuance under |
supervision until the final determination of
the charge, and |
the term of the continuance under supervision shall not run
|
until the hearing and disposition of the petition for |
violation; provided
where the petition alleges conduct that |
does not constitute a criminal offense,
the hearing must be |
|
held within 30 days of the filing of the petition unless a
|
delay shall continue the tolling of the period of continuance |
under supervision
for the period of
the delay.
|
(8) When a hearing in which a minor is alleged to be a |
delinquent for
reasons that include a violation of Section |
21-1.3 of the Criminal Code of 1961
is continued under this |
Section, the court shall, as a condition of the
continuance |
under supervision, require the minor to perform community |
service
for not less than 30 and not more than 120 hours, if |
community service is
available in the jurisdiction. The |
community service shall include, but need
not be limited to, |
the cleanup and repair of the damage that was caused by the
|
alleged violation or similar damage to property located in the |
municipality or
county in which the alleged violation occurred. |
The condition may be in
addition to any other condition.
|
(8.5) When a hearing in which a minor is alleged to be a |
delinquent for
reasons
that include a violation of Section 3.02 |
or Section 3.03 of the Humane Care for
Animals Act or paragraph |
(d) of subsection (1)
of Section
21-1 of the Criminal Code of |
1961 is continued under this Section, the court
shall, as a
|
condition of the continuance under supervision, require the |
minor to undergo
medical or
psychiatric treatment rendered by a |
psychiatrist or psychological treatment
rendered by a
clinical |
psychologist. The condition may be in addition to any other
|
condition.
|
(9) When a hearing in which a minor is alleged to be a |
delinquent is
continued under this Section, the court, before |
continuing the case, shall make
a finding whether the offense |
alleged to have been committed either: (i) was
related to or in |
furtherance of the activities of an organized gang or was
|
motivated by the minor's membership in or allegiance to an |
organized gang, or
(ii) is a violation of paragraph (13) of |
subsection (a) of Section 12-2 of the
Criminal Code of 1961, a |
violation of any Section of Article 24 of the
Criminal Code of |
1961, or a violation of any statute that involved the unlawful
|
use of a firearm. If the court determines the question in the |
|
affirmative the
court shall, as a condition of the continuance |
under supervision and as part of
or in addition to any other |
condition of the supervision,
require the minor to perform |
community service for not less than 30 hours,
provided that |
community service is available in the
jurisdiction and is |
funded and approved by the county board of the county where
the |
offense was committed. The community service shall include, but |
need not
be limited to, the cleanup and repair of any damage |
caused by an alleged
violation of Section 21-1.3 of the |
Criminal Code of 1961 and similar damage to
property located in |
the municipality or county in which the alleged violation
|
occurred. When possible and reasonable, the community service |
shall be
performed in the minor's neighborhood. For the |
purposes of this Section,
"organized gang" has the meaning |
ascribed to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
(10) The court shall impose upon a minor placed on |
supervision, as a
condition of the supervision, a fee of $25 |
for each month of supervision
ordered by the court, unless |
after determining the inability of the minor
placed on |
supervision to pay the fee, the court assesses a lesser amount. |
The
court may not impose the fee on a minor who is made a ward |
of the State under
this Act while the minor is in placement. |
The fee shall be imposed only upon a
minor who is actively |
supervised by the probation and court services
department. A |
court may order the parent, guardian, or legal custodian of the
|
minor to pay some or all of the fee on the minor's behalf.
|
(Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99; 92-16, |
eff. 6-28-01;
92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651, |
eff. 7-11-02.)
|
(705 ILCS 405/5-710)
|
Sec. 5-710. Kinds of sentencing orders.
|
(1) The following kinds of sentencing orders may be made in |
respect of
wards of the court:
|
(a) Except as provided in Sections 5-805, 5-810, 5-815, |
|
a minor who is
found
guilty under Section 5-620 may be:
|
(i) put on probation or conditional discharge and |
released to his or her
parents, guardian or legal |
custodian, provided, however, that any such minor
who |
is not committed to the Department of Corrections, |
Juvenile Division under
this subsection and who is |
found to be a delinquent for an offense which is
first |
degree murder, a Class X felony, or a forcible felony |
shall be placed on
probation;
|
(ii) placed in accordance with Section 5-740, with |
or without also being
put on probation or conditional |
discharge;
|
(iii) required to undergo a substance abuse |
assessment conducted by a
licensed provider and |
participate in the indicated clinical level of care;
|
(iv) placed in the guardianship of the Department |
of Children and Family
Services, but only if the |
delinquent minor is under 13 years of age;
|
(v) placed in detention for a period not to exceed |
30 days, either as
the
exclusive order of disposition |
or, where appropriate, in conjunction with any
other |
order of disposition issued under this paragraph, |
provided that any such
detention shall be in a juvenile |
detention home and the minor so detained shall
be 10 |
years of age or older. However, the 30-day limitation |
may be extended by
further order of the court for a |
minor under age 13 committed to the Department
of |
Children and Family Services if the court finds that |
the minor is a danger
to himself or others. The minor |
shall be given credit on the sentencing order
of |
detention for time spent in detention under Sections |
5-501, 5-601, 5-710, or
5-720 of this
Article as a |
result of the offense for which the sentencing order |
was imposed.
The court may grant credit on a sentencing |
order of detention entered under a
violation of |
probation or violation of conditional discharge under |
|
Section
5-720 of this Article for time spent in |
detention before the filing of the
petition
alleging |
the violation. A minor shall not be deprived of credit |
for time spent
in detention before the filing of a |
violation of probation or conditional
discharge |
alleging the same or related act or acts;
|
(vi) ordered partially or completely emancipated |
in accordance with the
provisions of the Emancipation |
of Mature Minors Act;
|
(vii) subject to having his or her driver's license |
or driving
privileges
suspended for such time as |
determined by the court but only until he or she
|
attains 18 years of age;
|
(viii) put on probation or conditional discharge |
and placed in detention
under Section 3-6039 of the |
Counties Code for a period not to exceed the period
of |
incarceration permitted by law for adults found guilty |
of the same offense
or offenses for which the minor was |
adjudicated delinquent, and in any event no
longer than |
upon attainment of age 21; this subdivision (viii) |
notwithstanding
any contrary provision of the law; or
|
(ix) ordered to undergo a medical or other |
procedure to have a tattoo
symbolizing allegiance to a |
street gang removed from his or her body.
|
(b) A minor found to be guilty may be committed to the |
Department of
Corrections,
Juvenile Division, under |
Section 5-750 if the minor is 13 years of age or
older,
|
provided that the commitment to the Department of |
Corrections, Juvenile
Division, shall be made only if a |
term of incarceration is permitted by law for
adults found |
guilty of the offense for which the minor was adjudicated
|
delinquent. The time during which a minor is in custody |
before being released
upon the request of a parent, |
guardian or legal custodian shall be considered
as time |
spent in detention.
|
(c) When a minor is found to be guilty for an offense |
|
which is a violation
of the Illinois Controlled Substances |
Act ,
or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act and made
a ward of the |
court, the court may enter a disposition order requiring |
the
minor to undergo assessment,
counseling or treatment in |
a substance abuse program approved by the Department
of |
Human Services.
|
(2) Any sentencing order other than commitment to the |
Department of
Corrections, Juvenile Division, may provide for |
protective supervision under
Section 5-725 and may include an |
order of protection under Section 5-730.
|
(3) Unless the sentencing order expressly so provides, it |
does not operate
to close proceedings on the pending petition, |
but is subject to modification
until final closing and |
discharge of the proceedings under Section 5-750.
|
(4) In addition to any other sentence, the court may order |
any
minor
found to be delinquent to make restitution, in |
monetary or non-monetary form,
under the terms and conditions |
of Section 5-5-6 of the Unified Code of
Corrections, except |
that the "presentencing hearing" referred to in that
Section
|
shall be
the sentencing hearing for purposes of this Section. |
The parent, guardian or
legal custodian of the minor may be |
ordered by the court to pay some or all of
the restitution on |
the minor's behalf, pursuant to the Parental Responsibility
|
Law. The State's Attorney is authorized to act
on behalf of any |
victim in seeking restitution in proceedings under this
|
Section, up to the maximum amount allowed in Section 5 of the |
Parental
Responsibility Law.
|
(5) Any sentencing order where the minor is committed or |
placed in
accordance
with Section 5-740 shall provide for the |
parents or guardian of the estate of
the minor to pay to the |
legal custodian or guardian of the person of the minor
such |
sums as are determined by the custodian or guardian of the |
person of the
minor as necessary for the minor's needs. The |
payments may not exceed the
maximum amounts provided for by |
Section 9.1 of the Children and Family Services
Act.
|
|
(6) Whenever the sentencing order requires the minor to |
attend school or
participate in a program of training, the |
truant officer or designated school
official shall regularly |
report to the court if the minor is a chronic or
habitual |
truant under Section 26-2a of the School Code.
|
(7) In no event shall a guilty minor be committed to the |
Department of
Corrections, Juvenile Division for a period of |
time in
excess of
that period for which an adult could be |
committed for the same act.
|
(8) A minor found to be guilty for reasons that include a |
violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
be ordered to perform
community service for not less than 30 |
and not more than 120 hours, if
community service is available |
in the jurisdiction. The community service
shall include, but |
need not be limited to, the cleanup and repair of the damage
|
that was caused by the violation or similar damage to property |
located in the
municipality or county in which the violation |
occurred. The order may be in
addition to any other order |
authorized by this Section.
|
(8.5) A minor found to be guilty for reasons that include a |
violation of
Section
3.02 or Section 3.03 of the Humane Care |
for Animals Act or paragraph (d) of
subsection (1) of
Section |
21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
medical or psychiatric treatment rendered by
a
psychiatrist or |
psychological treatment rendered by a clinical psychologist.
|
The order
may be in addition to any other order authorized by |
this Section.
|
(9) In addition to any other sentencing order, the court |
shall order any
minor found
to be guilty for an act which would |
constitute, predatory criminal sexual
assault of a child, |
aggravated criminal sexual assault, criminal sexual
assault, |
aggravated criminal sexual abuse, or criminal sexual abuse if
|
committed by an
adult to undergo medical testing to determine |
whether the defendant has any
sexually transmissible disease |
including a test for infection with human
immunodeficiency |
virus (HIV) or any other identified causative agency of
|
|
acquired immunodeficiency syndrome (AIDS). Any medical test |
shall be performed
only by appropriately licensed medical |
practitioners and may include an
analysis of any bodily fluids |
as well as an examination of the minor's person.
Except as |
otherwise provided by law, the results of the test shall be |
kept
strictly confidential by all medical personnel involved in |
the testing and must
be personally delivered in a sealed |
envelope to the judge of the court in which
the sentencing |
order was entered for the judge's inspection in camera. Acting
|
in accordance with the best interests of the victim and the |
public, the judge
shall have the discretion to determine to |
whom the results of the testing may
be revealed. The court |
shall notify the minor of the results of the test for
infection |
with the human immunodeficiency virus (HIV). The court shall |
also
notify the victim if requested by the victim, and if the |
victim is under the
age of 15 and if requested by the victim's |
parents or legal guardian, the court
shall notify the victim's |
parents or the legal guardian, of the results of the
test for |
infection with the human immunodeficiency virus (HIV). The |
court
shall provide information on the availability of HIV |
testing and counseling at
the Department of Public Health |
facilities to all parties to whom the
results of the testing |
are revealed. The court shall order that the cost of
any test |
shall be paid by the county and may be taxed as costs against |
the
minor.
|
(10) When a court finds a minor to be guilty the court |
shall, before
entering a sentencing order under this Section, |
make a finding whether the
offense committed either: (a) was |
related to or in furtherance of the criminal
activities of an |
organized gang or was motivated by the minor's membership in
or |
allegiance to an organized gang, or (b) involved a violation of
|
subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
a violation of
any
Section of Article 24 of the Criminal Code |
of 1961, or a violation of any
statute that involved the |
wrongful use of a firearm. If the court determines
the question |
in the affirmative,
and the court does not commit the minor to |
|
the Department of Corrections,
Juvenile Division, the court |
shall order the minor to perform community service
for not less |
than 30 hours nor more than 120 hours, provided that community
|
service is available in the jurisdiction and is funded and |
approved by the
county board of the county where the offense |
was committed. The community
service shall include, but need |
not be limited to, the cleanup and repair of
any damage caused |
by a violation of Section 21-1.3 of the Criminal Code of 1961
|
and similar damage to property located in the municipality or |
county in which
the violation occurred. When possible and |
reasonable, the community service
shall be performed in the |
minor's neighborhood. This order shall be in
addition to any |
other order authorized by this Section
except for an order to |
place the minor in the custody of the Department of
|
Corrections, Juvenile Division. For the purposes of this |
Section, "organized
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
|
(Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised |
10-9-03.)
|
(705 ILCS 405/5-715)
|
Sec. 5-715. Probation.
|
(1) The period of probation or conditional discharge shall |
not exceed 5
years or until the minor has attained the age of |
21 years, whichever is less,
except as provided in this Section |
for a minor who is found to be guilty
for an offense which is |
first degree murder, a Class X felony or a forcible
felony. The |
juvenile court may terminate probation or
conditional |
discharge and discharge the minor at any time if warranted by |
the
conduct of the minor and the ends of justice; provided, |
however, that the
period of probation for a minor who is found |
to be guilty for an offense which
is first degree murder, a |
Class X felony, or a forcible felony shall be at
least 5 years.
|
(2) The court may as a condition of probation or of |
conditional discharge
require that the minor:
|
|
(a) not violate any criminal statute of any |
jurisdiction;
|
(b) make a report to and appear in person before any |
person or agency as
directed by the court;
|
(c) work or pursue a course of study or vocational |
training;
|
(d) undergo medical or psychiatric treatment, rendered |
by a psychiatrist
or
psychological treatment rendered by a |
clinical psychologist or social work
services rendered by a |
clinical social worker, or treatment for drug addiction
or |
alcoholism;
|
(e) attend or reside in a facility established for the |
instruction or
residence of persons on probation;
|
(f) support his or her dependents, if any;
|
(g) refrain from possessing a firearm or other |
dangerous weapon, or an
automobile;
|
(h) permit the probation officer to visit him or her at |
his or her home or
elsewhere;
|
(i) reside with his or her parents or in a foster home;
|
(j) attend school;
|
(j-5) with the consent of the superintendent
of the
|
facility,
attend an educational program at a facility other |
than the school
in which the
offense was committed if he
or |
she committed a crime of violence as
defined in
Section 2 |
of the Crime Victims Compensation Act in a school, on the
|
real
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(k) attend a non-residential program for youth;
|
(l) make restitution under the terms of subsection (4) |
of Section 5-710;
|
(m) contribute to his or her own support at home or in |
a foster home;
|
(n) perform some reasonable public or community |
service;
|
(o) participate with community corrections programs |
including unified
delinquency intervention services |
|
administered by the Department of Human
Services
subject to |
Section 5 of the Children and Family Services Act;
|
(p) pay costs;
|
(q) serve a term of home confinement. In addition to |
any other applicable
condition of probation or conditional |
discharge, the conditions of home
confinement shall be that |
the minor:
|
(i) remain within the interior premises of the |
place designated for his
or her confinement during the |
hours designated by the court;
|
(ii) admit any person or agent designated by the |
court into the minor's
place of confinement at any time |
for purposes of verifying the minor's
compliance with |
the conditions of his or her confinement; and
|
(iii) use an approved electronic monitoring device |
if ordered by the
court subject to Article 8A of |
Chapter V of the Unified Code of Corrections;
|
(r) refrain from entering into a designated geographic |
area except upon
terms as the court finds appropriate. The |
terms may include consideration of
the purpose of the |
entry, the time of day, other persons accompanying the
|
minor, and advance approval by a probation officer, if the |
minor has been
placed on probation, or advance approval by |
the court, if the minor has been
placed on conditional |
discharge;
|
(s) refrain from having any contact, directly or |
indirectly, with certain
specified persons or particular |
types of persons, including but not limited to
members of |
street gangs and drug users or dealers;
|
(s-5) undergo a medical or other procedure to have a |
tattoo symbolizing
allegiance to a street
gang removed from |
his or her body;
|
(t) refrain from having in his or her body the presence |
of any illicit
drug
prohibited by the Cannabis Control Act ,
|
or the Illinois Controlled Substances
Act , or the |
Methamphetamine Control and Community Protection Act , |
|
unless prescribed
by a physician, and shall submit samples |
of his or her blood or urine or both
for tests to determine |
the presence of any illicit drug; or
|
(u) comply with other conditions as may be ordered by |
the court.
|
(3) The court may as a condition of probation or of |
conditional discharge
require that a minor found guilty on any |
alcohol, cannabis, methamphetamine, or
controlled substance |
violation, refrain from acquiring a driver's license
during the |
period of probation or conditional discharge. If the minor is |
in
possession of a permit or license, the court may require |
that the minor refrain
from driving or operating any motor |
vehicle during the period of probation or
conditional |
discharge, except as may be necessary in the course of the |
minor's
lawful
employment.
|
(3.5) The court shall, as a condition of probation or of |
conditional
discharge,
require that a minor found to be guilty |
and placed on probation for reasons
that include a
violation of |
Section 3.02 or Section 3.03 of the Humane Care for Animals Act |
or
paragraph
(d) of subsection (1) of Section 21-1 of the
|
Criminal Code of 1961 undergo medical or psychiatric treatment |
rendered by a
psychiatrist or psychological treatment rendered |
by a clinical psychologist.
The
condition may be in addition to |
any other condition.
|
(3.10) The court shall order that a minor placed on |
probation or
conditional discharge for a sex offense as defined |
in the Sex Offender
Management Board Act undergo and |
successfully complete sex offender treatment.
The treatment |
shall be in conformance with the standards developed under
the |
Sex Offender Management Board Act and conducted by a treatment |
provider
approved by the Board. The treatment shall be at the |
expense of the person
evaluated based upon that person's |
ability to pay for the treatment.
|
(4) A minor on probation or conditional discharge shall be |
given a
certificate setting forth the conditions upon which he |
or she is being
released.
|
|
(5) The court shall impose upon a minor placed on probation |
or conditional
discharge, as a condition of the probation or |
conditional discharge, a fee of
$25 for each month of probation |
or conditional discharge supervision ordered by
the court, |
unless after determining the inability of the minor placed on
|
probation or conditional discharge to pay the fee, the court |
assesses a lesser
amount. The court may not impose the fee on a |
minor who is made a ward of the
State under this Act while the |
minor is in placement. The fee shall be
imposed only upon a |
minor who is actively supervised by the probation and court
|
services department. The court may order the parent, guardian, |
or legal
custodian of the minor to pay some or all of the fee on |
the minor's behalf.
|
(6) The General Assembly finds that in order to protect the |
public, the
juvenile justice system must compel compliance with |
the conditions of probation
by responding to violations with |
swift, certain, and fair punishments and
intermediate |
sanctions. The Chief Judge of each circuit shall adopt a system
|
of structured, intermediate sanctions for violations of the |
terms and
conditions of a sentence of supervision, probation or |
conditional discharge,
under this
Act.
|
The court shall provide as a condition of a disposition of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-720 of this Act.
|
(Source: P.A. 92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651, |
eff. 7-11-02; 93-616, eff. 1-1-04.)
|
(705 ILCS 405/5-805)
|
Sec. 5-805. Transfer of jurisdiction.
|
(1) Mandatory transfers.
|
(a) If a petition alleges commission by a minor 15 |
years of age or older
of an act that constitutes a forcible |
|
felony under the laws of this State, and
if a motion by the |
State's Attorney to prosecute the minor under the criminal
|
laws of Illinois for the alleged forcible felony alleges |
that (i) the minor has
previously been adjudicated |
delinquent or found guilty for commission of an act
that |
constitutes a felony under the laws of this State or any |
other state and
(ii) the act that constitutes the offense |
was committed in furtherance of
criminal activity by an |
organized gang, the Juvenile Judge assigned to hear and
|
determine those motions shall, upon determining that there |
is probable cause
that both allegations are true, enter an |
order permitting prosecution under the
criminal laws of |
Illinois.
|
(b) If a petition alleges commission by a minor 15 |
years of age or older
of an act that constitutes a felony |
under the laws of this State, and if a
motion by a State's |
Attorney to prosecute the minor under the criminal laws of
|
Illinois for the alleged felony alleges that (i) the minor |
has previously been
adjudicated delinquent or found guilty |
for commission of an act that
constitutes a forcible
felony |
under the laws of this State or any other state and (ii) |
the act that
constitutes the offense was committed in |
furtherance of criminal activities by
an organized gang, |
the Juvenile Judge assigned to hear and determine those
|
motions shall, upon determining that there is probable |
cause that both
allegations are true, enter an order |
permitting prosecution under the criminal
laws of |
Illinois.
|
(c) If a petition alleges commission by a minor 15 |
years of age or older
of: (i) an act that constitutes an |
offense enumerated in the presumptive
transfer provisions |
of subsection (2); and (ii) the minor has previously been
|
adjudicated delinquent or found guilty of a forcible |
felony, the Juvenile Judge
designated to hear and determine |
those motions shall, upon determining that
there is |
probable cause that both allegations are true, enter an |
|
order
permitting prosecution under the criminal laws of |
Illinois.
|
(d) If a petition alleges commission by a minor 15 |
years of age or older
of an act that constitutes the |
offense of aggravated discharge of a firearm
committed in a |
school, on the real property comprising a school, within |
1,000
feet of the real property comprising a school, at a |
school related activity, or
on, boarding, or departing from |
any conveyance owned, leased, or contracted by
a school or |
school district to transport students to or from school or |
a school
related activity, regardless of the time of day or |
the time of year, the
juvenile judge designated to hear and |
determine those motions shall, upon
determining that there |
is probable cause that the allegations are true, enter
an |
order permitting prosecution under the criminal laws of |
Illinois.
|
For purposes of this paragraph (d) of subsection (1):
|
"School" means a public or private
elementary or |
secondary school, community college, college, or |
university.
|
"School related activity" means any sporting, social, |
academic, or other
activity for which students' attendance |
or participation is sponsored,
organized, or funded in |
whole or in part by a school or school district.
|
(2) Presumptive transfer.
|
(a) If the State's Attorney files a petition, at any |
time prior to
commencement of the minor's trial, to permit |
prosecution under the criminal
laws and the petition |
alleges the commission by a minor 15 years of age or
older
|
of: (i) a Class X felony other than armed violence; (ii) |
aggravated discharge
of a firearm; (iii) armed violence |
with a firearm when the predicate offense
is a Class 1 or |
Class 2 felony and the State's Attorney's motion to |
transfer
the case alleges that the offense committed is in |
furtherance of the criminal
activities of an organized |
gang; (iv) armed violence with a firearm when the
predicate |
|
offense is a violation of the Illinois Controlled |
Substances Act ,
or a violation of the Cannabis Control Act , |
or a violation of the Methamphetamine Control and Community |
Protection Act ; (v) armed violence when the
weapon involved |
was a machine gun or other weapon described in subsection
|
(a)(7) of Section 24-1 of the Criminal Code of 1961, and, |
if the juvenile judge
assigned to hear and determine |
motions to transfer a case for prosecution in
the criminal |
court determines that there is probable cause to believe |
that the
allegations in the petition and motion are true, |
there is a rebuttable
presumption that the minor is not a |
fit and proper subject to be dealt with
under the Juvenile |
Justice Reform Provisions of 1998 (Public Act 90-590),
and |
that, except as provided in paragraph (b), the case should |
be transferred
to the criminal court.
|
(b) The judge shall enter an order permitting |
prosecution under the
criminal laws of Illinois unless the |
judge makes a finding based on clear and
convincing |
evidence that the minor would be amenable to the care, |
treatment,
and training programs available through the |
facilities of the juvenile court
based on an evaluation of |
the following:
|
(i) The seriousness of the alleged offense;
|
(ii) The minor's history of delinquency;
|
(iii) The age of the minor;
|
(iv) The culpability of the minor in committing the |
alleged offense;
|
(v) Whether the offense was committed in an aggressive |
or premeditated
manner;
|
(vi) Whether the minor used or possessed a deadly |
weapon when
committing the alleged offense;
|
(vii) The minor's history of services, including the |
minor's willingness
to
participate meaningfully in |
available services;
|
(viii) Whether there is a reasonable likelihood that |
the minor can be
rehabilitated before the expiration of the |
|
juvenile court's jurisdiction;
|
(ix) The adequacy of the punishment or services |
available in the
juvenile justice system.
|
In considering these factors, the court shall give greater
|
weight to the seriousness of the alleged offense and the |
minor's prior record
of delinquency than to the other factors |
listed in this subsection.
|
(3) Discretionary transfer.
|
(a) If a petition alleges commission by a minor 13 |
years of age or over of
an act that constitutes a crime |
under the laws of this State and, on motion of
the State's |
Attorney to permit prosecution of the minor under the |
criminal
laws, a Juvenile Judge assigned by the Chief Judge |
of the Circuit to hear and
determine those motions, after |
hearing but before commencement of the
trial, finds that |
there is probable cause to believe that the
allegations in |
the motion are true and that it is not in the best |
interests
of the public to proceed under this Act, the |
court may enter an
order permitting prosecution under the |
criminal laws.
|
(b) In making its determination on the motion to permit |
prosecution under
the criminal laws, the court shall |
consider among other matters:
|
(i) The seriousness of the alleged offense;
|
(ii) The minor's history of delinquency;
|
(iii) The age of the minor;
|
(iv) The culpability of the minor in committing the |
alleged offense;
|
(v) Whether the offense was committed in an aggressive |
or premeditated
manner;
|
(vi) Whether the minor used or possessed a deadly |
weapon when committing
the alleged offense;
|
(vii) The minor's history of services, including the |
minor's willingness
to participate meaningfully in |
available services;
|
(viii) The adequacy of the punishment or services |
|
available in the
juvenile justice system.
|
In considering these factors, the court shall give greater
|
weight to the seriousness of the alleged offense and the |
minor's prior record
of delinquency than to the other factors |
listed in this subsection.
|
(4) The rules of evidence for this hearing shall be the |
same as under
Section 5-705 of this Act. A minor must be |
represented in court by counsel
before the hearing may be |
commenced.
|
(5) If criminal proceedings are instituted, the petition |
for adjudication
of wardship shall be dismissed insofar as the |
act or acts involved in the
criminal proceedings. Taking of |
evidence in a trial on petition for
adjudication of wardship is |
a bar to criminal proceedings based upon the
conduct alleged in |
the petition.
|
(Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357, |
eff.
7-29-99.)
|
(705 ILCS 405/5-901)
|
Sec. 5-901. Court file.
|
(1) The Court file with respect to proceedings under this
|
Article shall consist of the petitions, pleadings, victim |
impact statements,
process,
service of process, orders, writs |
and docket entries reflecting hearings held
and judgments and |
decrees entered by the court. The court file shall be
kept |
separate from other records of the court.
|
(a) The file, including information identifying the |
victim or alleged
victim of any sex
offense, shall be |
disclosed only to the following parties when necessary for
|
discharge of their official duties:
|
(i) A judge of the circuit court and members of the |
staff of the court
designated by the judge;
|
(ii) Parties to the proceedings and their |
attorneys;
|
(iii) Victims and their attorneys, except in cases |
of multiple victims
of
sex offenses in which case the |
|
information identifying the nonrequesting
victims |
shall be redacted;
|
(iv) Probation officers, law enforcement officers |
or prosecutors or
their
staff;
|
(v) Adult and juvenile Prisoner Review Boards.
|
(b) The Court file redacted to remove any information |
identifying the
victim or alleged victim of any sex offense |
shall be disclosed only to the
following parties when |
necessary for discharge of their official duties:
|
(i) Authorized military personnel;
|
(ii) Persons engaged in bona fide research, with |
the permission of the
judge of the juvenile court and |
the chief executive of the agency that prepared
the
|
particular recording: provided that publication of |
such research results in no
disclosure of a minor's |
identity and protects the confidentiality of the
|
record;
|
(iii) The Secretary of State to whom the Clerk of |
the Court shall report
the disposition of all cases, as |
required in Section 6-204 or Section 6-205.1
of the |
Illinois
Vehicle Code. However, information reported |
relative to these offenses shall
be privileged and |
available only to the Secretary of State, courts, and |
police
officers;
|
(iv) The administrator of a bonafide substance |
abuse student
assistance program with the permission |
of the presiding judge of the
juvenile court;
|
(v) Any individual, or any public or private agency |
or institution,
having
custody of the juvenile under |
court order or providing educational, medical or
|
mental health services to the juvenile or a |
court-approved advocate for the
juvenile or any |
placement provider or potential placement provider as
|
determined by the court.
|
(3) A minor who is the victim or alleged victim in a |
juvenile proceeding
shall be
provided the same confidentiality |
|
regarding disclosure of identity as the
minor who is the |
subject of record.
Information identifying victims and alleged |
victims of sex offenses,
shall not be disclosed or open to |
public inspection under any circumstances.
Nothing in this |
Section shall prohibit the victim or alleged victim of any sex
|
offense from voluntarily disclosing his or her identity.
|
(4) Relevant information, reports and records shall be made |
available to the
Department of
Corrections when a juvenile |
offender has been placed in the custody of the
Department of |
Corrections, Juvenile Division.
|
(5) Except as otherwise provided in this subsection (5), |
juvenile court
records shall not be made available to the |
general public
but may be inspected by representatives of |
agencies, associations and news
media or other properly |
interested persons by general or special order of
the court. |
The State's Attorney, the minor, his or her parents, guardian |
and
counsel
shall at all times have the right to examine court |
files and records.
|
(a) The
court shall allow the general public to have |
access to the name, address, and
offense of a minor
who is |
adjudicated a delinquent minor under this Act under either |
of the
following circumstances:
|
(i) The
adjudication of
delinquency was based upon |
the
minor's
commission of first degree murder, attempt |
to commit first degree
murder, aggravated criminal |
sexual assault, or criminal sexual assault; or
|
(ii) The court has made a finding that the minor |
was at least 13 years
of
age
at the time the act was |
committed and the adjudication of delinquency was |
based
upon the minor's commission of: (A)
an act in |
furtherance of the commission of a felony as a member |
of or on
behalf of a criminal street
gang, (B) an act |
involving the use of a firearm in the commission of a
|
felony, (C) an act that would be a Class X felony |
offense
under or
the minor's second or subsequent
Class |
2 or greater felony offense under the Cannabis Control |
|
Act if committed
by an adult,
(D) an act that would be |
a second or subsequent offense under Section 402 of
the |
Illinois Controlled Substances Act if committed by an |
adult, or (E) an act
that would be an offense under |
Section 401 of the Illinois Controlled
Substances Act |
if committed by an adult , or (F) an act that would be |
an offense under the Methamphetamine Control and |
Community Protection Act if committed by an adult .
|
(b) The court
shall allow the general public to have |
access to the name, address, and offense
of a minor who is |
at least 13 years of age at
the time the offense
is |
committed and who is convicted, in criminal proceedings
|
permitted or required under Section 5-805, under either of
|
the following
circumstances:
|
(i) The minor has been convicted of first degree |
murder, attempt
to commit first degree
murder, |
aggravated criminal sexual
assault, or criminal sexual |
assault,
|
(ii) The court has made a finding that the minor |
was at least 13 years
of age
at the time the offense |
was committed and the conviction was based upon the
|
minor's commission of: (A)
an offense in
furtherance of |
the commission of a felony as a member of or on behalf |
of a
criminal street gang, (B) an offense
involving the |
use of a firearm in the commission of a felony, (C)
a |
Class X felony offense under the Cannabis Control Act |
or a second or
subsequent Class 2 or
greater felony |
offense under the Cannabis Control Act, (D) a
second or |
subsequent offense under Section 402 of the Illinois
|
Controlled Substances Act, or (E) an offense under |
Section 401 of the Illinois
Controlled Substances Act , |
or (F) an offense under the Methamphetamine Control and |
Community Protection Act .
|
(6) Nothing in this Section shall be construed to limit the |
use of a
adjudication of delinquency as
evidence in any |
juvenile or criminal proceeding, where it would otherwise be
|
|
admissible under the rules of evidence, including but not |
limited to, use as
impeachment evidence against any witness, |
including the minor if he or she
testifies.
|
(7) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority examining the |
character and fitness of
an applicant for a position as a law |
enforcement officer to ascertain
whether that applicant was |
ever adjudicated to be a delinquent minor and,
if so, to |
examine the records or evidence which were made in
proceedings |
under this Act.
|
(8) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the |
State's Attorney shall ascertain
whether the minor respondent |
is enrolled in school and, if so, shall provide
a copy of the |
sentencing order to the principal or chief administrative
|
officer of the school. Access to such juvenile records shall be |
limited
to the principal or chief administrative officer of the |
school and any guidance
counselor designated by him or her.
|
(9) Nothing contained in this Act prevents the sharing or
|
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
|
(11) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 17th birthday for those offenses required to be reported
|
under Section 5 of the Criminal Identification Act. Information |
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
|
(12) Information or records may be disclosed to the general |
|
public when the
court is conducting hearings under Section |
5-805 or 5-810.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
Section 1055. The Criminal Code of 1961 is amended by |
changing Sections 9-3.3, 11-19.2, 14-3, 19-5, 20-2, 24-1.1, |
24-1.6, 29B-1, 31A-1.1, 31A-1.2, 33A-3, 37-1, 44-2, and 44-3 as |
follows:
|
(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
|
Sec. 9-3.3. Drug-induced homicide.
|
(a) A person who violates Section
401 of
the Illinois |
Controlled Substances Act or Section 55 of the Methamphetamine |
Control and Community Protection Act by unlawfully delivering a |
controlled
substance to another, and any person dies as a |
result of the injection,
inhalation or ingestion of any amount |
of that controlled substance, commits the
offense of |
drug-induced homicide.
|
(b) Sentence. Drug-induced homicide is a Class X felony.
|
(c) A person who commits drug-induced homicide by violating |
subsection (a)
or subsection (c) of Section 401 of the Illinois |
Controlled Substances Act or Section 55 of the Methamphetamine |
Control and Community Protection Act
commits a Class X felony |
for which the
defendant shall in addition to a sentence |
authorized by law, be sentenced
to a term of imprisonment of |
not less than 15 years and not more than 30
years or an |
extended term of not less than 30 years and not more than 60 |
years.
|
(Source: P.A. 91-357, eff. 7-29-99; 92-256, eff. 1-1-02.)
|
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
|
Sec. 11-19.2. Exploitation of a child.
|
(A) A person commits exploitation
of a child when he or she |
confines a child under the age of 16 or a severely or |
profoundly mentally retarded person against his
or her will by |
the infliction or threat of imminent infliction of great
bodily |
|
harm, permanent disability or disfigurement or by |
administering to
the child or severely or profoundly mentally
|
retarded person without his or her consent or by threat or |
deception and for
other
than medical purposes, any alcoholic |
intoxicant or a drug as defined in
the Illinois Controlled |
Substances Act or the Cannabis Control Act or methamphetamine |
as defined in the Methamphetamine Control and Community |
Protection Act and:
|
(1) compels the child or severely or profoundly
|
mentally retarded person to become a prostitute; or
|
(2) arranges a situation in which the child or
severely |
or profoundly mentally retarded person may practice |
prostitution; or
|
(3) receives any money, property, token, object, or |
article or
anything of
value from the child or severely or |
profoundly mentally retarded person knowing
it was |
obtained
in whole or in part from the practice of |
prostitution.
|
(B) For purposes of this Section, administering drugs, as |
defined in
subsection
(A), or an alcoholic intoxicant to a |
child under the age of 13 or a severely or profoundly mentally |
retarded person shall be
deemed to be without consent if such |
administering is done without the consent
of the parents or |
legal guardian.
|
(C) Exploitation of a child is a Class X felony.
|
(D) Any person convicted under this Section is subject to |
the
forfeiture provisions of Section 11-20.1A of this Act.
|
(Source: P.A. 91-357, eff. 7-29-99; 91-696, eff. 4-13-00; |
92-434, eff. 1-1-02.)
|
(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
|
Sec. 14-3. Exemptions. The following activities shall be
|
exempt from the provisions of this Article:
|
(a) Listening to radio, wireless and television |
communications of
any sort where the same are publicly made;
|
(b) Hearing conversation when heard by employees of any |
|
common
carrier by wire incidental to the normal course of their |
employment in
the operation, maintenance or repair of the |
equipment of such common
carrier by wire so long as no |
information obtained thereby is used or
divulged by the hearer;
|
(c) Any broadcast by radio, television or otherwise whether |
it be a
broadcast or recorded for the purpose of later |
broadcasts of any
function where the public is in attendance |
and the conversations are
overheard incidental to the main |
purpose for which such broadcasts are
then being made;
|
(d) Recording or listening with the aid of any device to |
any
emergency communication made in the normal course of |
operations by any
federal, state or local law enforcement |
agency or institutions dealing
in emergency services, |
including, but not limited to, hospitals,
clinics, ambulance |
services, fire fighting agencies, any public utility,
|
emergency repair facility, civilian defense establishment or |
military
installation;
|
(e) Recording the proceedings of any meeting required to be |
open by
the Open Meetings Act, as amended;
|
(f) Recording or listening with the aid of any device to |
incoming
telephone calls of phone lines publicly listed or |
advertised as consumer
"hotlines" by manufacturers or |
retailers of food and drug products. Such
recordings must be |
destroyed, erased or turned over to local law
enforcement |
authorities within 24 hours from the time of such recording and
|
shall not be otherwise disseminated. Failure on the part of the |
individual
or business operating any such recording or |
listening device to comply with
the requirements of this |
subsection shall eliminate any civil or criminal
immunity |
conferred upon that individual or business by the operation of
|
this Section;
|
(g) With prior notification to the State's Attorney of the
|
county in which
it is to occur, recording or listening with the |
aid of any device to any
conversation
where a law enforcement |
officer, or any person acting at the direction of law
|
enforcement, is a party to the conversation and has consented |
|
to it being
intercepted or recorded under circumstances where |
the use of the device is
necessary for the protection of the |
law enforcement officer or any person
acting at the direction |
of law enforcement, in the course of an
investigation
of a |
forcible felony, a felony violation of the Illinois Controlled |
Substances
Act, a felony violation of the Cannabis Control Act, |
a felony violation of the Methamphetamine Control and Community |
Protection Act, or any "streetgang
related" or "gang-related" |
felony as those terms are defined in the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
Any recording or evidence |
derived
as the
result of this exemption shall be inadmissible |
in any proceeding, criminal,
civil or
administrative, except |
(i) where a party to the conversation suffers great
bodily |
injury or is killed during such conversation, or
(ii)
when used |
as direct impeachment of a witness concerning matters contained |
in
the interception or recording. The Director of the
|
Department of
State Police shall issue regulations as are |
necessary concerning the use of
devices, retention of tape |
recordings, and reports regarding their
use;
|
(g-5) With approval of the State's Attorney of the county |
in
which it is to occur, recording or listening with the aid of |
any device to any
conversation where a law enforcement officer, |
or any person acting at the
direction of law enforcement, is a |
party to the conversation and has consented
to it being |
intercepted or recorded in the course of an investigation of |
any
offense defined in Article 29D of this Code.
In all such |
cases, an application for an order approving
the previous or |
continuing use of an eavesdropping
device must be made within |
48 hours of the commencement of
such use. In the absence of |
such an order, or upon its denial,
any continuing use shall |
immediately terminate.
The Director of
State Police shall issue |
rules as are necessary concerning the use of
devices, retention |
of tape recordings, and reports regarding their use.
|
Any recording or evidence obtained or derived in the course |
of an
investigation of any offense defined in Article 29D of |
this Code shall, upon
motion of the State's Attorney or |
|
Attorney General prosecuting any violation of
Article 29D, be |
reviewed in camera with notice to all parties present by the
|
court presiding over the criminal
case, and, if ruled by the |
court to be relevant and otherwise admissible,
it shall be |
admissible at the trial of the criminal
case.
|
This subsection (g-5) is inoperative on and after January |
1, 2005.
No conversations recorded or monitored pursuant to |
this subsection (g-5)
shall be inadmissible
inadmissable in a |
court of law by virtue of the repeal of this
subsection (g-5) |
on January 1, 2005;
|
(h) Recordings made simultaneously with a video recording |
of an oral
conversation between a peace officer, who has |
identified his or her office, and
a person stopped for an |
investigation of an offense under the Illinois Vehicle
Code;
|
(i) Recording of a conversation made by or at the request |
of a person, not a
law enforcement officer or agent of a law |
enforcement officer, who is a party
to the conversation, under |
reasonable suspicion that another party to the
conversation is |
committing, is about to commit, or has committed a criminal
|
offense against the person or a member of his or her immediate |
household, and
there is reason to believe that evidence of the |
criminal offense may be
obtained by the recording;
|
(j) The use of a telephone monitoring device by either (1) |
a
corporation or other business entity engaged in marketing or |
opinion research
or (2) a corporation or other business entity |
engaged in telephone
solicitation, as
defined in this |
subsection, to record or listen to oral telephone solicitation
|
conversations or marketing or opinion research conversations |
by an employee of
the corporation or other business entity |
when:
|
(i) the monitoring is used for the purpose of service |
quality control of
marketing or opinion research or |
telephone solicitation, the education or
training of |
employees or contractors
engaged in marketing or opinion |
research or telephone solicitation, or internal
research |
related to marketing or
opinion research or telephone
|
|
solicitation; and
|
(ii) the monitoring is used with the consent of at |
least one person who
is an active party to the marketing or |
opinion research conversation or
telephone solicitation |
conversation being
monitored.
|
No communication or conversation or any part, portion, or |
aspect of the
communication or conversation made, acquired, or |
obtained, directly or
indirectly,
under this exemption (j), may |
be, directly or indirectly, furnished to any law
enforcement |
officer, agency, or official for any purpose or used in any |
inquiry
or investigation, or used, directly or indirectly, in |
any administrative,
judicial, or other proceeding, or divulged |
to any third party.
|
When recording or listening authorized by this subsection |
(j) on telephone
lines used for marketing or opinion research |
or telephone solicitation purposes
results in recording or
|
listening to a conversation that does not relate to marketing |
or opinion
research or telephone solicitation; the
person |
recording or listening shall, immediately upon determining |
that the
conversation does not relate to marketing or opinion |
research or telephone
solicitation, terminate the recording
or |
listening and destroy any such recording as soon as is |
practicable.
|
Business entities that use a telephone monitoring or |
telephone recording
system pursuant to this exemption (j) shall |
provide current and prospective
employees with notice that the |
monitoring or recordings may occur during the
course of their |
employment. The notice shall include prominent signage
|
notification within the workplace.
|
Business entities that use a telephone monitoring or |
telephone recording
system pursuant to this exemption (j) shall |
provide their employees or agents
with access to personal-only |
telephone lines which may be pay telephones, that
are not |
subject to telephone monitoring or telephone recording.
|
For the purposes of this subsection (j), "telephone |
solicitation" means a
communication through the use of a |
|
telephone by live operators:
|
(i) soliciting the sale of goods or services;
|
(ii) receiving orders for the sale of goods or |
services;
|
(iii) assisting in the use of goods or services; or
|
(iv) engaging in the solicitation, administration, or |
collection of bank
or
retail credit accounts.
|
For the purposes of this subsection (j), "marketing or |
opinion research"
means
a marketing or opinion research |
interview conducted by a live telephone
interviewer engaged by |
a corporation or other business entity whose principal
business |
is the design, conduct, and analysis of polls and surveys |
measuring
the
opinions, attitudes, and responses of |
respondents toward products and services,
or social or |
political issues, or both ; .
|
(k) Electronic recordings, including but not limited to, a |
motion picture,
videotape, digital, or other visual or audio |
recording, made of a custodial
interrogation of an individual |
at a police station or other place of detention
by a law |
enforcement officer under Section 5-401.5 of the Juvenile Court |
Act of
1987 or Section 103-2.1 of the Code of Criminal |
Procedure of 1963; and |
(l)
(k) Recording the interview or statement of any person |
when the person
knows that the interview is being conducted by |
a law enforcement officer or
prosecutor and the interview takes |
place at a police station that is currently
participating in |
the Custodial Interview Pilot Program established under the
|
Illinois Criminal Justice Information Act.
|
(Source: P.A. 92-854, eff. 12-5-02; 93-206, eff. 7-18-03; |
93-517, eff.
8-6-03; 93-605, eff. 11-19-03; revised 12-9-03.)
|
(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
|
Sec. 19-5. Criminal fortification of a residence or |
building. (a) A
person commits the offense of criminal |
fortification of a residence or
building when, with the intent |
to prevent the lawful entry of a law
enforcement officer or |
|
another, he maintains a residence or building in a
fortified |
condition, knowing that such residence or building is used for |
the
manufacture, storage, delivery, or trafficking of |
cannabis ,
or controlled
substances , or methamphetamine as |
defined in the Cannabis Control Act , the
or Illinois Controlled |
Substances Act , or the Methamphetamine Control and Community |
Protection Act .
|
(b) "Fortified condition" means preventing or impeding |
entry through the
use of steel doors, wooden planking, |
crossbars, alarm systems, dogs, or
other similar means.
|
(c) Sentence. Criminal fortification of a residence or |
building is a
Class 3 felony.
|
(d) This Section does not apply to the fortification of a |
residence or building used in the manufacture of |
methamphetamine as described in Sections 10 and 15 of the |
Methamphetamine Control and Community Protection Act.
|
(Source: P.A. 86-760.)
|
(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
|
Sec. 20-2. Possession of explosives or explosive or |
incendiary devices.
|
(a) A person commits the offense of possession of |
explosives or
explosive or incendiary devices in violation of |
this Section when he or she
possesses, manufactures or |
transports
any explosive compound, timing or detonating device |
for use with any explosive
compound or incendiary device
and |
either intends to use such explosive or device to commit any |
offense or
knows that another intends to use such explosive or |
device to commit a
felony.
|
(b) Sentence.
|
Possession of explosives or explosive or incendiary |
devices in violation
of this Section is a Class 1 felony for |
which a person, if
sentenced to a term of imprisonment, shall |
be sentenced to not less than 4
years and not more than 30 |
years.
|
(c) (Blank).
In this Section, "explosive compound" or |
|
"incendiary device"
includes a methamphetamine manufacturing |
chemical as defined in clause
(z-1) of Section 102 of the |
Illinois Controlled Substances Act.
|
(Source: P.A. 93-594, eff. 1-1-04.)
|
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
Felons or
Persons in the Custody of the
Department of |
Corrections Facilities. |
(a) It is unlawful
for a person to knowingly possess on or |
about his person or on his land or
in his own abode or fixed |
place of business any weapon prohibited under
Section 24-1 of |
this Act or any firearm or any firearm ammunition if the
person |
has been convicted of a felony under the laws of this State or |
any
other jurisdiction. This Section shall not apply if the |
person has been
granted relief by the Director of the |
Department of State Police
under Section 10 of the Firearm |
Owners Identification
Card Act.
|
(b) It is unlawful for any person confined in a penal |
institution,
which is a facility of the Illinois Department of |
Corrections, to possess
any weapon prohibited under Section |
24-1 of this Code or any firearm or
firearm ammunition, |
regardless of the intent with which he possesses it.
|
(c) It shall be an affirmative defense to a violation of |
subsection (b), that such possession was specifically |
authorized by rule,
regulation, or directive of the Illinois |
Department of Corrections or order
issued pursuant thereto.
|
(d) The defense of necessity is not available to a person |
who is charged
with a violation of subsection (b) of this |
Section.
|
(e) Sentence. Violation of this Section by a person not |
confined
in a penal institution shall be a Class 3 felony
for |
which the person, if sentenced
to a term of imprisonment, shall |
be sentenced to no less than 2 years and no
more than 10 years. |
Violation of this Section by a person not confined in a
penal |
institution who has been convicted of a forcible felony, a |
|
felony
violation of Article 24 of this Code or of the Firearm |
Owners Identification
Card Act, stalking or aggravated |
stalking, or a Class 2 or greater felony
under the Illinois |
Controlled Substances Act ,
or the Cannabis Control Act , or the |
Methamphetamine Control and Community Protection Act is a
Class |
2 felony for which the person, if sentenced to a term of |
imprisonment,
shall be sentenced to not less than 3 years and |
not more than 14 years.
Violation of this Section by a person |
who is on parole or mandatory supervised
release is a Class 2 |
felony for which the person, if sentenced to a term of
|
imprisonment, shall be sentenced to not less than 3 years and |
not more than 14
years. Violation of this Section by a person |
not confined in a penal
institution is a Class X felony when |
the firearm possessed is a machine gun.
Any person who violates |
this Section while confined in a penal
institution, which is a |
facility of the Illinois Department of
Corrections, is guilty |
of a Class 1
felony, if he possesses any weapon prohibited |
under Section 24-1 of this
Code regardless of the intent with |
which he possesses it, a Class X
felony if he possesses any |
firearm, firearm ammunition or explosive, and a
Class X felony |
for which the offender shall be sentenced to not less than 12
|
years and not more than 50 years when the firearm possessed is |
a machine
gun. A violation of this Section while wearing or in |
possession of body armor as defined in Section 33F-1 is a Class |
X felony punishable by a term of imprisonment of not less than |
10 years and not more than 40 years.
|
(Source: P.A. 93-906, eff. 8-11-04.)
|
(720 ILCS 5/24-1.6)
|
Sec. 24-1.6. Aggravated unlawful use of a weapon.
|
(a) A person commits the offense of aggravated unlawful use |
of a weapon when
he or she knowingly:
|
(1) Carries on or about his or her person or in any |
vehicle or concealed
on or about his or her person except |
when on his or her land or in his or her
abode or fixed |
place of business any pistol, revolver, stun gun or taser |
|
or
other firearm; or
|
(2) Carries or possesses on or about his or her person, |
upon any public
street, alley, or other public lands within |
the corporate limits of a city,
village or incorporated |
town, except when an invitee thereon or therein, for
the |
purpose of the display of such weapon or the lawful |
commerce in weapons, or
except when on his or her own land |
or in his or her own abode or fixed place of
business, any |
pistol, revolver, stun gun or taser or other firearm; and
|
(3) One of the following factors is present:
|
(A) the firearm possessed was uncased, loaded and |
immediately accessible
at the time of the offense; or
|
(B) the firearm possessed was uncased, unloaded |
and the ammunition for
the weapon was immediately |
accessible at the time of the offense; or
|
(C) the person possessing the firearm has not been |
issued a currently
valid Firearm Owner's |
Identification Card; or
|
(D) the person possessing the weapon was |
previously adjudicated
a delinquent minor under the |
Juvenile Court Act of 1987 for an act that if
committed |
by an adult would be a felony; or
|
(E) the person possessing the weapon was engaged in |
a misdemeanor
violation of the Cannabis
Control Act ,
or
|
in a misdemeanor violation of the Illinois Controlled |
Substances
Act , or in a misdemeanor violation of the |
Methamphetamine Control and Community Protection Act ; |
or
|
(F) the person possessing the weapon is a member of |
a
street gang or is engaged in street gang related |
activity, as defined in
Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention Act; or
|
(G) the person possessing the weapon had a order of |
protection issued
against him or her within the |
previous 2 years; or
|
(H) the person possessing the weapon was engaged in |
|
the commission or
attempted commission of
a |
misdemeanor involving the use or threat of violence |
against
the person or property of another; or
|
(I) the person possessing the weapon was under 21 |
years of age and in
possession of a handgun as defined |
in Section 24-3, unless the person under 21
is engaged |
in lawful activities under the Wildlife Code or |
described in
subsection 24-2(b)(1), (b)(3), or |
24-2(f).
|
(b) "Stun gun or taser" as used in this Section has the |
same definition
given to it in Section 24-1 of this Code.
|
(c) This Section does not apply to or affect the |
transportation or
possession
of weapons that:
|
(i) are broken down in a non-functioning state; or
|
(ii) are not immediately accessible; or
|
(iii) are unloaded and enclosed in a case, firearm |
carrying box,
shipping box, or other container by a |
person who has been issued a currently
valid Firearm |
Owner's
Identification Card.
|
(d) Sentence. Aggravated unlawful use of a weapon is a |
Class 4 felony;
a second or subsequent offense is a Class 2 |
felony. Aggravated unlawful use of
a weapon by a person who has |
been previously
convicted of a felony in this State or another |
jurisdiction is a Class 2
felony. Aggravated unlawful use of a |
weapon while wearing or in possession of body armor as defined |
in Section 33F-1 by a person who has not been issued a valid |
Firearms Owner's Identification Card in accordance with |
Section 5 of the Firearm Owners Identification Card Act is a |
Class X felony.
|
(Source: P.A. 93-906, eff. 8-11-04.)
|
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
|
Sec. 29B-1. (a) A person commits the offense of money |
laundering:
|
(1) when
he knowingly engages or attempts to engage in |
a financial transaction in
criminally derived property |
|
with either the intent to promote the carrying
on of the |
unlawful activity from which the criminally derived |
property was
obtained or where he knows or reasonably |
should know that the financial
transaction is designed in
|
whole or in part to conceal or disguise the nature, the |
location, the
source, the ownership or the control of the |
criminally derived property;
or
|
(2) when, with the intent to:
|
(A) promote the carrying on of a specified criminal |
activity as defined
in this Article; or
|
(B) conceal or disguise the nature, location, |
source, ownership, or
control of property believed to |
be the proceeds of a specified criminal
activity as |
defined by subdivision (b)(6),
|
he or she conducts or attempts to conduct a financial |
transaction
involving property he or she believes to be the |
proceeds of specified criminal
activity as defined by |
subdivision (b)(6) or property used to conduct or
|
facilitate specified criminal activity as defined by |
subdivision (b)(6).
|
(b) As used in this Section:
|
(1) "Financial transaction" means a purchase, sale, |
loan, pledge, gift,
transfer, delivery or other |
disposition utilizing criminally derived property,
and |
with respect to financial institutions, includes a |
deposit, withdrawal,
transfer between accounts, exchange |
of currency, loan, extension of credit,
purchase or sale of |
any stock, bond, certificate of deposit or other monetary
|
instrument or any other payment, transfer or delivery by, |
through, or to a
financial institution.
For purposes of |
clause (a)(2) of this Section, the term "financial
|
transaction" also
means a transaction which without regard |
to whether the funds, monetary
instruments, or real or |
personal property involved in the transaction are
|
criminally derived, any transaction which in any way or |
degree: (1) involves
the movement of funds by wire or any |
|
other means; (2) involves one or more
monetary instruments; |
or (3) the transfer of title to any real or personal
|
property.
The receipt by an attorney of bona fide fees for |
the purpose
of legal representation is not a financial |
transaction for purposes of this
Section.
|
(2) "Financial institution" means any bank; saving and |
loan
association; trust company; agency or branch of a |
foreign bank in the
United States; currency exchange; |
credit union, mortgage banking
institution; pawnbroker; |
loan or finance company; operator of a credit card
system; |
issuer, redeemer or cashier of travelers checks, checks or |
money
orders; dealer in precious metals, stones or jewels; |
broker or dealer in
securities or commodities; investment |
banker; or investment company.
|
(3) "Monetary instrument" means United States coins |
and currency;
coins and currency of a foreign country; |
travelers checks; personal checks,
bank checks, and money |
orders; investment securities; bearer
negotiable |
instruments; bearer investment securities; or bearer |
securities
and certificates of stock in such form that |
title thereto passes upon
delivery.
|
(4) "Criminally derived property" means: (A) any |
property constituting
or
derived from proceeds obtained, |
directly or indirectly, pursuant to a
violation of the |
Criminal Code of 1961, the Illinois Controlled Substances
|
Act ,
or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act ; or (B) any property
|
represented to be property constituting or derived from |
proceeds obtained,
directly or indirectly, pursuant to a |
violation of this Code, the Illinois
Controlled Substances |
Act, or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act .
|
(5) "Conduct" or "conducts" includes, in addition to |
its ordinary
meaning, initiating, concluding, or |
participating in initiating or concluding
a transaction.
|
(6) "Specified criminal activity" means any violation |
|
of Section 20.5-5
(720 ILCS 5/20.5-5) and any violation of |
Article 29D of this Code.
|
(c) Sentence.
|
(1) Laundering of criminally derived property of a |
value not exceeding
$10,000 is a Class 3 felony;
|
(2) Laundering of criminally derived property of a |
value exceeding
$10,000 but not exceeding $100,000 is a |
Class 2 felony;
|
(3) Laundering of criminally derived property of a |
value exceeding
$100,000 but not exceeding $500,000 is a |
Class 1 felony;
|
(4) Money laundering in violation of subsection (a)(2) |
of this Section
is a Class X felony;
|
(5) Laundering of criminally derived property of a |
value exceeding
$500,000 is a
Class 1 non-probationable |
felony.
|
(Source: P.A. 92-854, eff. 12-5-02; 93-520, eff. 8-6-03.)
|
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
|
Sec. 31A-1.1. Bringing Contraband into a Penal |
Institution;
Possessing Contraband in a Penal Institution.
|
(a) A person commits the offense of bringing contraband |
into a penal
institution when he knowingly and without |
authority of any person designated
or authorized to grant such |
authority (1) brings an item of contraband into
a penal |
institution or (2) causes another to bring an item of
|
contraband into a penal institution or (3) places an item of
|
contraband in such proximity to a penal institution as to give |
an
inmate access to the contraband.
|
(b) A person commits the offense of possessing contraband |
in a
penal institution when he possesses contraband in a penal |
institution,
regardless of the intent with which he possesses |
it.
|
(c) For the purposes of this Section, the words and phrases
|
listed below shall be defined as follows:
|
(1) "Penal institution" means any penitentiary, State |
|
farm,
reformatory, prison, jail, house of correction, |
police detention area,
half-way house or other institution |
or place for the incarceration or
custody of persons under |
sentence for offenses awaiting trial or sentence
for |
offenses, under arrest for an offense, a violation of |
probation, a
violation of parole, or a violation of |
mandatory supervised release, or
awaiting a bail setting |
hearing or preliminary hearing; provided that where
the |
place for incarceration or custody is housed within another |
public
building this Act shall not apply to that part of |
such building unrelated
to the incarceration or custody of |
persons.
|
(2) "Item of contraband" means any of the following:
|
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
The
Liquor Control Act of 1934 as |
such Act may be now or hereafter amended .
|
(ii) "Cannabis" as such term is defined in |
subsection (a) of Section 3
of the " Cannabis Control |
Act ", approved August 16, 1971, as
now or hereafter |
amended .
|
(iii) "Controlled substance" as such term is |
defined in the " Illinois
Controlled Substances Act ", |
approved August 16, 1971, as
now or hereafter amended .
|
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection.
|
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this
Act, or any other dangerous weapon or |
instrument of like character.
|
|
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
projectiles by the action of an
explosion, expansion of |
gas or escape of gas, including but not limited to:
|
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter, or;
|
(B) any device used exclusively for signaling |
or safety and required
as
recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or
|
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or
|
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser.
|
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to:
|
(A) any ammunition exclusively designed for |
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or
|
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition.
|
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
|
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles.
|
(ix) "Tool to defeat security mechanisms" means, |
but is not limited to,
handcuff or security restraint |
key, tool designed to pick locks, or device or
|
instrument capable of unlocking handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution.
|
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter,
or device, instrument or |
file capable of cutting through metal.
|
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
pagers,
computers, and computer peripheral equipment |
brought into or possessed in a
penal institution |
without the written authorization of the Chief |
Administrative
Officer.
|
(d) Bringing alcoholic liquor into a penal institution is a |
Class 4
felony. Possessing alcoholic liquor in a penal |
institution is a Class 4
felony.
|
(e) Bringing cannabis into a penal institution is a Class 3 |
felony.
Possessing cannabis in a penal institution is a Class 3 |
felony.
|
(f) Bringing any amount of a controlled substance |
classified in
Schedules III, IV or V of Article II of the |
Controlled Substance Act into a
penal institution is a Class 2 |
felony. Possessing any amount of a
controlled substance |
classified in Schedule III, IV, or V of Article II of
the |
Controlled Substance Act in a penal institution is a Class 2 |
felony.
|
(g) Bringing any amount of a controlled substance |
classified in
Schedules I or II of Article II of the Controlled |
|
Substance Act into a
penal institution is a Class 1 felony. |
Possessing any amount of a
controlled substance classified in |
Schedules I or II of Article II of the
Controlled Substance Act |
in a penal institution is a Class 1 felony.
|
(h) Bringing an item of contraband listed in paragraph (iv) |
of
subsection (c)(2) into a penal institution is a Class 1 |
felony. Possessing
an item of contraband listed in paragraph |
(iv) of subsection (c)(2) in a
penal institution is a Class 1 |
felony.
|
(i) Bringing an item of contraband listed in paragraph (v), |
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal |
institution is a Class 1 felony. Possessing an item of
|
contraband listed in paragraph (v), (ix), (x), or (xi) of
|
subsection (c)(2) in a
penal
institution is a Class 1 felony.
|
(j) Bringing an item of contraband listed in paragraphs |
(vi), (vii) or
(viii) of subsection (c)(2) in a penal |
institution is a Class X felony.
Possessing an item of |
contraband listed in paragraphs (vi), (vii), or
(viii) of |
subsection (c)(2) in a penal institution is a Class X felony.
|
(k) It shall be an affirmative defense to subsection
(b) |
hereof, that
such possession was specifically authorized by |
rule, regulation, or
directive of the governing authority of |
the penal institution or order
issued pursuant thereto.
|
(l) It shall be an affirmative defense to subsection (a)(1) |
and
subsection (b) hereof that the person bringing into or |
possessing
contraband in a penal institution had been arrested, |
and that that person
possessed such contraband at the time of |
his
arrest, and that such contraband was brought into or |
possessed in the penal
institution by that person as a direct |
and immediate result of his arrest.
|
(m) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law.
|
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
|
|
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
|
Sec. 31A-1.2. Unauthorized bringing of contraband into a |
penal institution
by an employee; unauthorized possessing of |
contraband in a penal institution by
an employee; unauthorized |
delivery of contraband in a penal institution by an
employee.
|
(a) A person commits the offense of unauthorized bringing |
of contraband into
a penal institution by an employee when a |
person who is an employee knowingly
and without authority or |
any person designated or authorized to grant such
authority:
|
(1) brings or attempts to bring an item of contraband |
listed in paragraphs
(i) through (iv) of subsection (d)(4) |
into a penal institution, or
|
(2) causes or permits another to bring an item of |
contraband listed in
paragraphs (i) through (iv) of |
subsection (d)(4) into a penal
institution.
|
(b) A person commits the offense of unauthorized possession |
of contraband in
a penal institution by an employee when a |
person who is an employee knowingly
and without authority of |
any person designated or authorized to grant such
authority |
possesses contraband listed in paragraphs (i) through (iv) of
|
subsection (d)(4) in a penal institution, regardless of the |
intent with which
he possesses it.
|
(c) A person commits the offense of unauthorized delivery |
of contraband
in a penal institution by an employee when a |
person who is an employee
knowingly and without authority of |
any person designated or authorized to grant
such authority:
|
(1) delivers or possesses with intent to deliver an |
item of contraband
to any inmate of a penal institution, or
|
(2) conspires to deliver or solicits the delivery of an |
item of
contraband to any inmate of a penal institution, or
|
(3) causes or permits the delivery of an item of |
contraband to any
inmate of a penal institution, or
|
(4) permits another person to attempt to deliver an |
item of contraband to
any inmate of a penal institution.
|
(d) For purpose of this Section, the words and phrases |
listed below
shall be defined as follows:
|
|
(1) "Penal Institution" shall have the meaning |
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
this Code;
|
(2) "Employee" means any elected or appointed officer, |
trustee or
employee of a penal institution or of the |
governing authority of the penal
institution, or any person |
who performs services for the penal institution
pursuant to |
contract with the penal institution or its governing
|
authority.
|
(3) "Deliver" or "delivery" means the actual, |
constructive or attempted
transfer of possession of an item |
of contraband, with or without consideration,
whether or |
not there is an agency relationship;
|
(4) "Item of contraband" means any of the following:
|
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934.
|
(ii) "Cannabis" as such term is defined in |
subsection (a) of
Section 3 of the Cannabis Control |
Act.
|
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act.
|
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection.
|
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this Act, or any
other dangerous weapon or |
instrument of like character.
|
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
|
projectiles by the action of an explosion,
expansion of |
gas or escape of gas, including but not limited to:
|
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter; or
|
(B) any device used exclusively for signaling |
or safety and required
or recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or
|
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or
|
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser.
|
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to:
|
(A) any ammunition exclusively designed for |
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or
|
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition.
|
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
|
Molotov cocktails or artillery projectiles.
|
(ix) "Tool to defeat security mechanisms" means, |
but is not limited
to,
handcuff or security restraint |
key, tool designed to pick locks, or device or
|
instrument capable of unlocking handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution.
|
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter, or device, instrument or |
file capable of cutting through metal.
|
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
pagers,
computers, and computer peripheral equipment.
|
(e) A violation of paragraphs (a) or (b) of this Section |
involving alcohol
is a Class 4 felony. A violation of paragraph |
(a) or (b) of this Section
involving cannabis is a Class 2 |
felony. A violation of paragraph (a) or (b)
involving any |
amount of a controlled substance classified in Schedules III, |
IV
or V of Article II of the Illinois Controlled Substances Act |
is a Class 1
felony. A
violation of paragraph (a) or (b) of |
this Section involving any amount of a
controlled substance |
classified in Schedules I or II of Article II of the
Illinois |
Controlled Substances Act is a Class X felony. A violation of
|
paragraph (a) or
(b) involving an item of contraband listed in |
paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
violation of paragraph (a) or (b) involving an
item of |
contraband listed in paragraph (v) or (xi) of subsection (d)(4) |
is
a Class 1
felony. A violation of paragraph (a) or (b) |
involving an item of contraband
listed in paragraphs (vi), |
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
|
(f) A violation of paragraph (c) of this Section involving |
alcoholic
liquor is a Class 3 felony. A violation of paragraph |
(c) involving cannabis
is a Class 1 felony. A violation of |
|
paragraph (c) involving any amount of a
controlled substance |
classified in Schedules III, IV or V of Article II of the
|
Illinois Controlled Substances Act is a Class X felony. A |
violation of
paragraph (c)
involving any amount of a controlled |
substance classified in Schedules I or II
of Article II of the |
Illinois Controlled Substances Act is a Class X felony
for |
which
the minimum term of imprisonment shall be 8 years. A |
violation of paragraph
(c) involving an item of contraband |
listed in paragraph (iv) of subsection
(d)(4) is a Class X |
felony for which the minimum term of imprisonment shall be
8 |
years. A violation of paragraph (c) involving an item of |
contraband listed
in paragraph (v), (ix) or (x) of subsection |
(d)(4) is a Class X felony for
which the minimum
term of |
imprisonment shall be 10 years. A violation of paragraph (c) |
involving
an item of contraband listed in paragraphs (vi), |
(vii) or (viii) of subsection
(d)(4) is a Class X felony for |
which the minimum term of imprisonment shall be
12 years.
|
(g) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law.
|
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
|
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
|
Sec. 33A-3. Sentence.
|
(a) Violation of Section 33A-2(a) with a
Category I weapon |
is a Class X felony for which the defendant shall be
sentenced |
to a minimum term of imprisonment of 15 years.
|
(a-5) Violation of Section 33A-2(a) with a Category II |
weapon
is a Class X
felony for which the defendant shall be |
sentenced to a minimum term of
imprisonment of 10 years.
|
(b) Violation of Section 33A-2(a)
with a Category III |
weapon is a Class 2 felony or the felony
classification |
provided for the same act while unarmed, whichever
permits the |
greater penalty. A second or subsequent violation of
Section |
33A-2(a) with a Category III weapon is a Class 1 felony
or the |
|
felony classification provided for the same act while unarmed, |
whichever
permits the greater penalty.
|
(b-5) Violation of Section 33A-2(b) with a firearm that is |
a Category I or
Category II
weapon is a Class X felony for |
which the defendant shall be sentenced to a
minimum term of |
imprisonment of 20 years.
|
(b-10) Violation of Section 33A-2(c) with a firearm that is |
a Category I or
Category II
weapon is a Class X felony for |
which the defendant shall be sentenced to a
term of |
imprisonment of not less than 25 years nor more than 40 years.
|
(c) Unless sentencing under Section 33B-1 is applicable, |
any person who
violates subsection (a) or (b) of Section 33A-2 |
with a
firearm, when that person has been convicted in any |
state or federal court
of 3 or more of the following offenses: |
treason, first degree murder, second
degree murder, predatory |
criminal sexual assault of a child, aggravated
criminal sexual |
assault, criminal sexual assault,
robbery, burglary, arson, |
kidnaping, aggravated battery resulting in great
bodily harm or |
permanent disability or disfigurement, a violation of the |
Methamphetamine Control and Community Protection Act, or a |
violation of Section
401(a) of the Illinois Controlled |
Substances Act,
when the third offense was committed after |
conviction on the second, the second
offense was committed |
after conviction on the first, and the violation of
Section |
33A-2 was committed after conviction on the third, shall be |
sentenced
to a term of imprisonment of not less than 25 years |
nor more than 50
years.
|
(c-5) Except as otherwise provided in paragraph (b-10) or |
(c) of this
Section, a person who violates Section 33A-2(a) |
with a firearm that is a
Category I weapon or
Section 33A-2(b) |
in any school, in any conveyance owned, leased, or contracted
|
by a school to transport students to or from school or a school |
related
activity, or on the real property comprising any school |
or public park, and
where
the offense was related to the |
activities of an organized gang, shall be
sentenced to a term |
of imprisonment of not less than the term set forth in
|
|
subsection (a) or (b-5) of this Section, whichever is |
applicable, and not more
than 30 years. For the purposes of |
this subsection (c-5), "organized gang" has
the meaning |
ascribed to it in Section 10 of the Illinois Streetgang |
Terrorism
Omnibus Prevention Act.
|
(d) For armed violence based upon a predicate offense |
listed in this
subsection (d) the court
shall enter the |
sentence for armed violence to run consecutively to the
|
sentence imposed for the predicate offense. The offenses |
covered by this
provision are:
|
(i) solicitation of murder,
|
(ii) solicitation of murder for hire,
|
(iii) heinous battery,
|
(iv) aggravated battery of a senior citizen,
|
(v) criminal sexual assault,
|
(vi) a violation of subsection (g) of Section 5 of the |
Cannabis Control
Act,
|
(vii) cannabis trafficking,
|
(viii) a violation of subsection (a) of Section 401 of |
the Illinois
Controlled Substances Act,
|
(ix) controlled substance trafficking involving a |
Class X felony amount of
controlled substance under Section |
401 of the Illinois Controlled Substances
Act,
|
(x) calculated criminal drug conspiracy, or
|
(xi) streetgang criminal drug conspiracy , or . |
(xii) a violation of the Methamphetamine Control and |
Community Protection Act.
|
(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
|
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
|
Sec. 37-1. Maintaining Public Nuisance. Any building used |
in the commission of offenses prohibited by Sections
9-1, 10-1, |
10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22,
|
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, |
28-3, 31-5 or
39A-1 of the Criminal Code of
1961, or
prohibited |
by the Illinois Controlled Substances Act, the Methamphetamine |
|
Control and Community Protection Act, or the Cannabis
Control |
Act, or used in the commission of an inchoate offense
relative |
to any of the aforesaid principal offenses, or any real |
property
erected, established, maintained, owned, leased, or |
used by a streetgang for
the purpose of conducting streetgang |
related activity as defined in Section 10
of the Illinois |
Streetgang Terrorism Omnibus Prevention Act is a public
|
nuisance.
|
(b) Sentence. A person convicted of knowingly maintaining |
such a public
nuisance commits a Class A misdemeanor. Each |
subsequent offense under this
Section is a Class 4 felony.
|
(Source: P.A. 91-876, eff. 1-1-01.)
|
(720 ILCS 5/44-2) (from Ch. 38, par. 44-2)
|
Sec. 44-2. (a) A person commits unlawful transfer of a
|
telecommunications device to a minor when he gives, sells or |
otherwise
transfers possession of a telecommunications device |
to a person under 18
years of age with the intent that the |
device be used to commit any offense
under this Code, the |
Cannabis Control Act ,
or the Illinois Controlled Substances |
Act , or the Methamphetamine Control and Community Protection |
Act .
|
(b) Unlawful transfer of a telecommunications device to a |
minor is a
Class A misdemeanor.
|
(Source: P.A. 86-811.)
|
(720 ILCS 5/44-3) (from Ch. 38, par. 44-3)
|
Sec. 44-3. (a) Seizure. Any telecommunications device |
possessed by a
person on the real property of any elementary or |
secondary school without
the authority of the school principal, |
or used in the commission of an
offense prohibited by
this |
Code,
the Illinois Controlled Substances Act ,
or
the Cannabis |
Control Act , or the Methamphetamine Control and Community |
Protection Act or which constitutes evidence of the commission |
of such offenses
may be seized and delivered forthwith to the |
investigating law enforcement
agency.
A person who is not a |
|
student of the particular elementary or secondary
school, who |
is on school property as an invitee of the school, and who has
|
possession of a telecommunication device for lawful and |
legitimate
purposes, shall not need to obtain authority from |
the school principal to
possess the telecommunication device on |
school property. Such
telecommunication device shall not be |
seized unless it was used in the
commission of an offense |
specified above, or constitutes evidence of such
an offense.
|
Within 15 days after such delivery the
investigating law |
enforcement agency shall give notice of seizure to any
known |
owners, lienholders and
secured parties of such property.
|
Within
that 15 day period the investigating law enforcement |
agency shall also
notify the State's Attorney of
the county of |
seizure about the seizure.
|
(b) Rights
of lienholders and secured parties.
|
The State's Attorney shall promptly release a |
telecommunications device
seized under the provisions of this |
Article to any lienholder or
secured party
if such lienholder |
or secured party shows to the State's
Attorney that his lien or |
security interest is bona fide and was created
without actual |
knowledge that such telecommunications device was or
possessed |
in violation of this Section or used or
to be used in the |
commission of the offense charged.
|
(c) Action for forfeiture.
(1) The State's Attorney in the |
county in which such seizure occurs
if he finds that such |
forfeiture was incurred without willful negligence
or without |
any intention on the part of the owner of the |
telecommunications
device or a lienholder or secured party
to |
violate the law, or finds the existence of
such mitigating |
circumstances as to justify remission of the forfeiture,
may |
cause the investigating law enforcement agency to remit the |
same upon
such terms and conditions
as the State's Attorney |
deems reasonable and just. The State's Attorney
shall exercise |
his discretion under the foregoing provision of this
Section |
promptly after notice is given in accordance with
subsection |
(a). If the State's Attorney does not cause the forfeiture to
|
|
be remitted he shall forthwith bring an action for forfeiture |
in the
circuit court within whose jurisdiction the seizure and |
confiscation has
taken place. The State's Attorney shall give |
notice of the forfeiture
proceeding by mailing a copy of the |
complaint in the forfeiture
proceeding to the persons and in |
the manner set forth in subsection
(a). The owner of the device |
or any person
with any right, title, or interest in the device
|
may within 20 days after the mailing of such notice file a
|
verified answer to the complaint and may appear at the hearing |
on the
action for forfeiture. The State shall show at such |
hearing by a
preponderance of the evidence that the device was
|
used in the commission of an offense described in subsection |
(a). The
owner of the device or any person with any right,
|
title, or interest in the device may show
by a preponderance of |
the evidence that he did not know, and did not
have reason to |
know, that the device was possessed in violation of this
|
Section or to be used
in the commission of such an offense or |
that any of the exceptions set
forth in subsection (d) are |
applicable. Unless the State shall make such
showing, the Court |
shall order the device released
to the owner. Where the State |
has made such showing, the Court may order
the device |
destroyed; may upon the request of the investigating law
|
enforcement agency, order it delivered to
any local, municipal |
or county law enforcement agency, or the Department
of State |
Police or the Department of Revenue of
the State of Illinois;
|
or may order it sold at
public auction.
|
(2) A copy of the order shall be filed with the |
investigating law
enforcement agency of the
county in which the |
seizure occurs.
Such order, when filed, confers ownership of |
the
device to the
department or agency to whom it is delivered |
or any purchaser thereof.
The investigating law enforcement |
agency shall comply promptly with
instructions to remit |
received
from the State's Attorney or Attorney General in |
accordance with
paragraph (1) of this subsection or subsection |
(d).
|
(3) The proceeds of any sale at public auction pursuant to |
|
this subsection,
after payment of all liens and deduction of |
the
reasonable charges and expenses incurred by the |
investigating law
enforcement agency in storing and
selling the |
device, shall be paid into the general fund of the level of
|
government responsible for the operation of the investigating |
law enforcement agency.
|
(d) Exceptions to forfeiture.
(b) No device shall be |
forfeited under the
provisions of subsection (c) by reason of |
any act or omission established by
the owner thereof to have |
been committed or omitted by any person other
than the owner |
while the device was unlawfully in
the possession of a person |
who acquired possession thereof in violation of
the criminal |
laws of the United States, or of any state.
|
(e) Remission by Attorney General.
Whenever any owner of, |
or other person interested in, a
device seized under the |
provisions of this Section files with the Attorney
General |
before the sale or destruction of the device
a petition for the |
remission of such forfeiture the Attorney
General if he finds |
that such forfeiture was incurred without willful
negligence or |
without any intention on the part of the owner or any person
|
with any right, title or interest in the device
to violate the |
law, or finds the existence of such mitigating circumstances
as |
to justify the remission of forfeiture, may cause the same to |
be
remitted upon such terms and conditions as he deems |
reasonable and just, or
order discontinuance of any forfeiture |
proceeding relating thereto.
|
(Source: P.A. 86-811.)
|
(720 ILCS 5/12-4.10 rep., from P.A. 93-111)
|
(720 ILCS 5/12-4.10 rep., from P.A. 93-340)
|
(720 ILCS 5/12-4.11 rep., from P.A. 93-340)
|
(720 ILCS 5/20-1.4 rep.) |
(720 ILCS 5/20-1.5 rep.)
|
(720 ILCS 5/21-1.5 rep.)
|
Section 1056. The Criminal Code of 1961 is amended by |
repealing Sections 12-4.10 (as added by Public Act 93-111), |
|
12-4.10 (as added by Public Act 93-340), 12-4.11 (as added by |
Public Act 93-340), 20-1.4, 20-1.5, and 21-1.5. |
Section 1060. The Cannabis Control Act is amended by |
changing Sections 10 and 10.2 as follows:
|
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
Sec. 10. (a)
Whenever any person who has not previously |
been convicted of, or placed
on probation or court supervision |
for, any offense under this Act or any
law of the United States |
or of any State relating to cannabis, or controlled
substances |
as defined in the Illinois Controlled Substances Act, pleads
|
guilty to or is found guilty of violating Sections 4(a), 4(b), |
4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without |
entering a
judgment and with the consent of such person, |
sentence him to probation.
|
(b) When a person is placed on probation, the court shall |
enter an order
specifying a period of probation of 24 months, |
and shall defer further
proceedings in
the case until the |
conclusion of the period or until the filing of a petition
|
alleging violation of a term or condition of probation.
|
(c) The conditions of probation shall be that the person: |
(1) not violate
any criminal statute of any jurisdiction; (2) |
refrain from possession of a
firearm
or other dangerous weapon; |
(3) submit to periodic drug testing at a time and in
a manner |
as ordered by the court, but no less than 3 times during the |
period of
the probation, with the cost of the testing to be |
paid by the probationer; and
(4) perform no less than 30 hours |
of community service, provided community
service is available |
in the jurisdiction and is funded and approved by the
county |
board.
|
(d) The court may, in addition to other conditions, require
|
that the person:
|
(1) make a report to and appear in person before or |
participate with the
court or such courts, person, or |
social service agency as directed by the
court in the order |
|
of probation;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical or psychiatric treatment; or |
treatment for drug
addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction or
residence of defendants on probation;
|
(6) support his dependents;
|
(7) refrain from possessing a firearm or other |
dangerous weapon;
|
(7-5) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act ,
or the Illinois Controlled
Substances Act , or |
the Methamphetamine Control and Community Protection Act , |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(8) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home.
|
(e) Upon violation of a term or condition of probation, the
|
court
may enter a judgment on its original finding of guilt and |
proceed as otherwise
provided.
|
(f) Upon fulfillment of the terms and
conditions of |
probation, the court shall discharge such person and dismiss
|
the proceedings against him.
|
(g) A disposition of probation is considered to be a |
conviction
for the purposes of imposing the conditions of |
probation and for appeal,
however, discharge and dismissal |
under this Section is not a conviction for
purposes of |
disqualification or disabilities imposed by law upon |
conviction of
a crime (including the additional penalty imposed |
|
for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
of this Act).
|
(h) Discharge and dismissal under this Section ,
or under
|
Section 410 of the Illinois Controlled Substances Act , or |
Section 70 of the Methamphetamine Control and Community |
Protection Act may occur only once
with respect to any person.
|
(i) If a person is convicted of an offense under this Act ,
|
or the Illinois
Controlled Substances Act , or the |
Methamphetamine Control and Community Protection Act within 5 |
years
subsequent to a discharge and dismissal under this |
Section, the discharge and
dismissal under this Section shall |
be admissible in the sentencing proceeding
for that conviction
|
as a factor in aggravation.
|
(Source: P.A. 91-696, eff. 4-13-00.)
|
(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
|
Sec. 10.2. (a) Twelve and one-half percent of all amounts |
collected
as fines pursuant to the provisions of this Act shall |
be paid into the
Youth Drug Abuse Prevention Fund, which is |
hereby created in the State
treasury, to be used by the |
Department of Human Services
for the funding of programs and |
services for drug-abuse treatment, and
prevention and |
education services, for juveniles.
|
(b) Eighty-seven and one-half percent of the proceeds of |
all fines received
under the provisions of this Act shall be |
transmitted to and deposited in
the treasurer's office at the |
level of government as follows:
|
(1) If such seizure was made by a combination of law |
enforcement
personnel representing differing units of |
local government, the court
levying the fine shall |
equitably allocate 50% of the fine among these units
of |
local government and shall allocate 37 1/2% to the county |
general
corporate fund. In the event that the seizure was |
made by law enforcement
personnel representing a unit of |
local government from a municipality where
the number of |
inhabitants exceeds 2 million in population, the court
|
|
levying the fine shall allocate 87 1/2% of the fine to that |
unit of local
government. If the seizure was made by a |
combination of law enforcement
personnel representing |
differing units of local government, and at least
one of |
those units represents a municipality where the number of
|
inhabitants exceeds 2 million in population, the court |
shall equitably
allocate 87 1/2% of the proceeds of the |
fines received among the differing
units of local |
government.
|
(2) If such seizure was made by State law enforcement |
personnel, then
the court shall allocate 37 1/2% to the |
State treasury and 50% to the
county general corporate |
fund.
|
(3) If a State law enforcement agency in combination |
with a law
enforcement agency or agencies of a unit or |
units of local government
conducted the seizure, the court |
shall equitably allocate 37 1/2% of the
fines to or among |
the law enforcement agency or agencies of the unit or
units |
of local government which conducted the seizure and shall |
allocate
50% to the county general corporate fund.
|
(c) The proceeds of all fines allocated to the law |
enforcement agency or
agencies of the unit or units of local |
government pursuant to subsection
(b) shall be made available |
to that law enforcement agency as expendable
receipts for use |
in the enforcement of laws regulating controlled
substances and |
cannabis. The proceeds of fines awarded to the State
treasury |
shall be deposited in a special fund known as the Drug Traffic
|
Prevention Fund, except that amounts distributed to the |
Secretary of State
shall be deposited into the Secretary of |
State Evidence Fund to be used as
provided in Section 2-115 of |
the Illinois Vehicle Code.
Monies from this fund may be used by |
the Department of
State Police for use in the enforcement of |
laws regulating controlled
substances and cannabis; to satisfy |
funding provisions of the
Intergovernmental Drug Laws |
Enforcement Act; to defray costs and expenses
associated with |
returning violators of this Act ,
and the Illinois Controlled
|
|
Substances Act , and the Methamphetamine Control and Community |
Protection Act only, as provided in such Acts, when punishment |
of the crime
shall be confinement of the criminal in the |
penitentiary; and all other
monies shall be paid into the |
general revenue fund in the State treasury.
|
(Source: P.A. 88-517; 89-507, eff. 7-1-97.)
|
Section 1065. The Illinois Controlled Substances Act is |
amended by changing Sections 102, 401, 401.1, 401.5, 402, |
405.2, 405.3, 406.1, 407, 410, and 413 as follows: |
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
to endanger the public
morals, health, safety or welfare or who |
is so far addicted to the use of a
dangerous drug or controlled |
substance other than alcohol as to have lost
the power of self |
control with reference to his addiction.
|
(b) "Administer" means the direct application of a |
controlled
substance, whether by injection, inhalation, |
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane |
Euthanasia in Animal Shelters Act) by:
|
(1) a practitioner (or, in his presence, by his |
authorized agent),
|
(2) the patient or research subject at the lawful |
direction of the
practitioner, or
|
(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
|
(c) "Agent" means an authorized person who acts on behalf |
of or at
the direction of a manufacturer, distributor, or |
dispenser. It does not
include a common or contract carrier, |
public warehouseman or employee of
the carrier or warehouseman.
|
(c-1) "Anabolic Steroids" means any drug or hormonal |
|
substance,
chemically and pharmacologically related to |
testosterone (other than
estrogens, progestins, and |
corticosteroids) that promotes muscle growth,
and includes:
|
(i) boldenone,
|
(ii) chlorotestosterone,
|
(iii) chostebol,
|
(iv) dehydrochlormethyltestosterone,
|
(v) dihydrotestosterone,
|
(vi) drostanolone,
|
(vii) ethylestrenol,
|
(viii) fluoxymesterone,
|
(ix) formebulone,
|
(x) mesterolone,
|
(xi) methandienone,
|
(xii) methandranone,
|
(xiii) methandriol,
|
(xiv) methandrostenolone,
|
(xv) methenolone,
|
(xvi) methyltestosterone,
|
(xvii) mibolerone,
|
(xviii) nandrolone,
|
(xix) norethandrolone,
|
(xx) oxandrolone,
|
(xxi) oxymesterone,
|
(xxii) oxymetholone,
|
(xxiii) stanolone,
|
(xxiv) stanozolol,
|
(xxv) testolactone,
|
(xxvi) testosterone,
|
(xxvii) trenbolone, and
|
(xxviii) any salt, ester, or isomer of a drug or |
substance described
or listed in this paragraph, if |
that salt, ester, or isomer promotes muscle
growth.
|
Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, |
distributes, dispenses,
delivers, or possesses with intent to |
|
deliver an anabolic steroid, which
anabolic steroid is |
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
|
which is approved by the Secretary of Health and Human Services |
for such
administration, and which the person intends to |
administer or have
administered through such implants, shall |
not be considered to be in
unauthorized possession or to |
unlawfully manufacture, distribute, dispense,
deliver, or |
possess with intent to deliver such anabolic steroid for
|
purposes of this Act.
|
(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
|
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule under Article II of this Act |
whether by
transfer from another Schedule or otherwise.
|
(f) "Controlled Substance" means a drug, substance, or |
immediate
precursor in the Schedules of Article II of this Act.
|
(g) "Counterfeit substance" means a controlled substance, |
which, or
the container or labeling of which, without |
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness |
thereof, of a manufacturer, distributor, or
dispenser other |
than the person who in fact manufactured, distributed,
or |
dispensed the substance.
|
(h) "Deliver" or "delivery" means the actual, constructive |
or
attempted transfer of possession of a controlled substance, |
with or
without consideration, whether or not there is an |
agency relationship.
|
(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
|
(j) "Department of State Police" means the Department of |
State
Police of the State of Illinois or its successor agency.
|
(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
|
|
(l) "Department of Professional Regulation" means the |
Department
of Professional Regulation of the State of Illinois |
or its successor agency.
|
(m) "Depressant" or "stimulant substance" means:
|
(1) a drug which contains any quantity of (i) |
barbituric acid or
any of the salts of barbituric acid |
which has been designated as habit
forming under section |
502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 |
U.S.C. 352 (d)); or
|
(2) a drug which contains any quantity of (i) |
amphetamine or
methamphetamine and any of their optical |
isomers; (ii) any salt of
amphetamine or methamphetamine or |
any salt of an optical isomer of
amphetamine; or (iii) any |
substance which the Department, after
investigation, has |
found to be, and by rule designated as, habit forming
|
because of its depressant or stimulant effect on the |
central nervous
system; or
|
(3) lysergic acid diethylamide; or
|
(4) any drug which contains any quantity of a substance |
which the
Department, after investigation, has found to |
have, and by rule
designated as having, a potential for |
abuse because of its depressant or
stimulant effect on the |
central nervous system or its hallucinogenic
effect.
|
(n) (Blank).
|
(o) "Director" means the Director of the Department of |
State Police or
the Department of Professional Regulation or |
his designated agents.
|
(p) "Dispense" means to deliver a controlled substance to |
an
ultimate user or research subject by or pursuant to the |
lawful order of
a prescriber, including the prescribing, |
administering, packaging,
labeling, or compounding necessary |
to prepare the substance for that
delivery.
|
(q) "Dispenser" means a practitioner who dispenses.
|
(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
|
(s) "Distributor" means a person who distributes.
|
|
(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
Formulary, or any supplement to any
of them; (2) substances |
intended for use in diagnosis, cure, mitigation,
treatment, or |
prevention of disease in man or animals; (3) substances
(other |
than food) intended to affect the structure of any function of
|
the body of man or animals and (4) substances intended for use |
as a
component of any article specified in clause (1), (2), or |
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
|
(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Professional Regulation for the
purpose of animal |
euthanasia that holds an animal control facility license or
|
animal
shelter license under the Animal Welfare Act. A |
euthanasia agency is
authorized to purchase, store, possess, |
and utilize Schedule II nonnarcotic and
Schedule III |
nonnarcotic drugs for the sole purpose of animal euthanasia.
|
(t-10) "Euthanasia drugs" means Schedule II or Schedule III |
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
|
(u) "Good faith" means the prescribing or dispensing of a |
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his |
treatment for a
pathology or condition other than that |
individual's physical or
psychological dependence upon or |
addiction to a controlled substance,
except as provided herein: |
and application of the term to a pharmacist
shall mean the |
dispensing of a controlled substance pursuant to the
|
prescriber's order which in the professional judgment of the |
pharmacist
is lawful. The pharmacist shall be guided by |
accepted professional
standards including, but not limited to |
the following, in making the
judgment:
|
(1) lack of consistency of doctor-patient |
relationship,
|
(2) frequency of prescriptions for same drug by one |
|
prescriber for
large numbers of patients,
|
(3) quantities beyond those normally prescribed,
|
(4) unusual dosages,
|
(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
|
(6) consistent prescribing of habit-forming drugs.
|
(u-1) "Home infusion services" means services provided by a |
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or |
hospice setting by means of parenteral,
intravenous, |
intramuscular, subcutaneous, or intraspinal infusion.
|
(v) "Immediate precursor" means a substance:
|
(1) which the Department has found to be and by rule |
designated as
being a principal compound used, or produced |
primarily for use, in the
manufacture of a controlled |
substance;
|
(2) which is an immediate chemical intermediary used or |
likely to
be used in the manufacture of such controlled |
substance; and
|
(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
|
(w) "Instructional activities" means the acts of teaching, |
educating
or instructing by practitioners using controlled |
substances within
educational facilities approved by the State |
Board of Education or
its successor agency.
|
(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
|
(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit |
appearance, including shape,
color, size, markings or lack |
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person |
to believe that the substance is a controlled substance, or (2) |
is
expressly or impliedly represented to be a controlled |
substance or is
distributed under circumstances which would |
|
lead a reasonable person to
believe that the substance is a |
controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
|
distribution would lead a reasonable person to believe the |
substance to be
a controlled substance under this clause (2) of |
subsection (y), the court or
other authority may consider the |
following factors in addition to any other
factor that may be |
relevant:
|
(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
|
(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
|
(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
substances;
|
(d) whether the distribution or attempted distribution |
included an
exchange of or demand for money or other |
property as consideration, and
whether the amount of the |
consideration was substantially greater than the
|
reasonable retail market value of the substance.
|
Clause (1) of this subsection (y) shall not apply to a |
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial |
introduction into commerce of a controlled
substance in its |
finished dosage form which it may substantially resemble.
|
Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
to dispense and
distribute controlled substances under this |
Act, provided that such action
would be deemed to be carried |
out in good faith under subsection (u) if the
substances |
involved were controlled substances.
|
Nothing in this subsection (y) or in this Act prohibits the |
manufacture,
preparation, propagation, compounding, |
processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the |
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
|
(y-1) "Mail-order pharmacy" means a pharmacy that is |
located in a state
of the United States, other than Illinois, |
that delivers, dispenses or
distributes, through the United |
States Postal Service or other common
carrier, to Illinois |
residents, any substance which requires a prescription.
|
(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine , either
|
directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term |
does not include:
|
(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his own use; or
|
(2) by a practitioner, or his authorized agent under |
his
supervision, the preparation, compounding, packaging, |
or labeling of a
controlled substance:
|
(a) as an incident to his administering or |
dispensing of a
controlled substance in the course of |
his professional practice; or
|
(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
|
(z-1) (Blank).
"Methamphetamine manufacturing chemical" |
means any of the following
chemicals or substances containing |
any of the following chemicals: benzyl
methyl ketone, |
ephedrine, methyl benzyl ketone,
phenylacetone, |
phenyl-2-propanone, pseudoephedrine, or red
phosphorous or any |
of
the salts, optical isomers, or
salts of optical isomers of |
the above-listed chemicals.
|
(aa) "Narcotic drug" means any of the following, whether |
produced
directly or indirectly by extraction from substances |
of natural origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis:
|
|
(1) opium and opiate, and any salt, compound, |
derivative, or
preparation of opium or opiate;
|
(2) any salt, compound, isomer, derivative, or |
preparation thereof
which is chemically equivalent or |
identical with any of the substances
referred to in clause |
(1), but not including the isoquinoline alkaloids
of opium;
|
(3) opium poppy and poppy straw;
|
(4) coca leaves and any salts, compound, isomer, salt |
of an isomer,
derivative, or preparation of coca leaves |
including cocaine or ecgonine,
and any salt, compound, |
isomer, derivative, or preparation thereof which is
|
chemically equivalent or identical with any of these |
substances, but not
including decocainized coca leaves or |
extractions of coca leaves which do
not contain cocaine or |
ecgonine (for the purpose of this paragraph, the
term |
"isomer" includes optical, positional and geometric |
isomers).
|
(bb) "Nurse" means a registered nurse licensed under the
|
Nursing and Advanced Practice Nursing Act.
|
(cc) (Blank).
|
(dd) "Opiate" means any substance having an addiction |
forming or
addiction sustaining liability similar to morphine |
or being capable of
conversion into a drug having addiction |
forming or addiction sustaining
liability.
|
(ee) "Opium poppy" means the plant of the species Papaver
|
somniferum L., except its seeds.
|
(ff) "Parole and Pardon Board" means the Parole and Pardon |
Board of
the State of Illinois or its successor agency.
|
(gg) "Person" means any individual, corporation, |
mail-order pharmacy,
government or governmental subdivision or |
agency, business trust, estate,
trust, partnership or |
association, or any other entity.
|
(hh) "Pharmacist" means any person who holds a certificate |
of
registration as a registered pharmacist, a local registered |
pharmacist
or a registered assistant pharmacist under the |
Pharmacy Practice Act of 1987.
|
|
(ii) "Pharmacy" means any store, ship or other place in |
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act of 1987.
|
(jj) "Poppy straw" means all parts, except the seeds, of |
the opium
poppy, after mowing.
|
(kk) "Practitioner" means a physician licensed to practice |
medicine in all
its branches, dentist, podiatrist,
|
veterinarian, scientific investigator, pharmacist, physician |
assistant,
advanced practice nurse,
licensed practical
nurse, |
registered nurse, hospital, laboratory, or pharmacy, or other
|
person licensed, registered, or otherwise lawfully permitted |
by the
United States or this State to distribute, dispense, |
conduct research
with respect to, administer or use in teaching |
or chemical analysis, a
controlled substance in the course of |
professional practice or research.
|
(ll) "Pre-printed prescription" means a written |
prescription upon which
the designated drug has been indicated |
prior to the time of issuance.
|
(mm) "Prescriber" means a physician licensed to practice |
medicine in all
its branches, dentist, podiatrist or
|
veterinarian who issues a prescription, a physician assistant |
who
issues a
prescription for a Schedule III, IV, or V |
controlled substance
in accordance
with Section 303.05 and the |
written guidelines required under Section 7.5
of the
Physician |
Assistant Practice Act of 1987, or an advanced practice
nurse |
with prescriptive authority in accordance with Section 303.05
|
and a written
collaborative agreement under Sections 15-15 and |
15-20 of
the Nursing and Advanced Practice Nursing Act.
|
(nn) "Prescription" means a lawful written, facsimile, or |
verbal order
of
a physician licensed to practice medicine in |
all its branches,
dentist, podiatrist or veterinarian for any |
controlled
substance, of a physician assistant for a Schedule |
III, IV, or V
controlled substance
in accordance with Section |
303.05 and the written guidelines required under
Section 7.5 of |
the
Physician Assistant Practice Act of 1987, or of an advanced |
practice
nurse who issues a prescription for a Schedule III, |
|
IV, or V
controlled substance in accordance
with
Section 303.05 |
and a written collaborative agreement under Sections 15-15
and
|
15-20 of the Nursing and Advanced Practice Nursing Act.
|
(oo) "Production" or "produce" means manufacture, |
planting,
cultivating, growing, or harvesting of a controlled |
substance other than methamphetamine .
|
(pp) "Registrant" means every person who is required to |
register
under Section 302 of this Act.
|
(qq) "Registry number" means the number assigned to each |
person
authorized to handle controlled substances under the |
laws of the United
States and of this State.
|
(rr) "State" includes the State of Illinois and any state, |
district,
commonwealth, territory, insular possession thereof, |
and any area
subject to the legal authority of the United |
States of America.
|
(ss) "Ultimate user" means a person who lawfully possesses |
a
controlled substance for his own use or for the use of a |
member of his
household or for administering to an animal owned |
by him or by a member
of his household.
|
(Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; |
93-626, eff. 12-23-03.)
|
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
Sec. 401. Except as authorized by this Act, it is unlawful |
for any
person knowingly to : (i) manufacture or deliver, or |
possess with intent to
manufacture or deliver, a controlled |
substance other than methamphetamine, a
or counterfeit |
substance , or a controlled
substance analog or (ii) possess any |
methamphetamine manufacturing chemical
listed in paragraph |
(z-1) of Section 102 with the intent to manufacture
|
methamphetamine or the salt of an optical isomer of |
methamphetamine or an
analog thereof . A violation of this Act |
with respect to each of the controlled
substances listed herein |
constitutes a single and separate violation of this
Act. For |
purposes of this Section, "controlled substance analog" or |
"analog"
means a substance
which is intended for human |
|
consumption, other than a controlled substance,
that has a |
chemical structure substantially similar to that of a |
controlled
substance in Schedule I or II, or that was |
specifically designed to produce
an effect substantially |
similar to that of a controlled substance in Schedule
I or II. |
Examples of chemical classes in which controlled substance |
analogs
are found include, but are not limited to, the |
following: phenethylamines,
N-substituted piperidines, |
morphinans, ecgonines, quinazolinones, substituted
indoles, |
and arylcycloalkylamines. For purposes of this Act, a |
controlled
substance analog shall be treated in the same manner |
as the controlled
substance to which it is substantially |
similar.
|
(a) Any person who violates this Section with respect to |
the following
amounts of controlled or counterfeit substances |
or controlled substance
analogs, notwithstanding any of the |
provisions of subsections (c), (c-5),
(d), (d-5), (e), (f), (g) |
or (h) to the contrary, is guilty of a Class X felony
and shall |
be sentenced to a term of imprisonment as provided in this |
subsection
(a) and fined as provided in subsection (b):
|
(1) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
heroin, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing heroin, or
an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing heroin,
or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
substance containing heroin, or an analog thereof;
|
(2) (A) not less than 6 years and not more than 30 |
|
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
cocaine, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing cocaine, or
an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing cocaine,
or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
substance containing cocaine, or an analog thereof;
|
(3) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
morphine, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to
100 grams or more but less than |
400 grams of a substance containing morphine,
or an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing
morphine, or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of a substance |
containing morphine, or an analog thereof;
|
(4) 200 grams or more of any substance containing |
peyote, or an
analog thereof;
|
(5) 200 grams or more of any substance containing a |
derivative of
barbituric acid or any of the salts of a |
derivative of barbituric acid, or
an analog thereof;
|
(6) 200 grams or more of any substance containing |
amphetamine
or any salt of an optical isomer of |
|
amphetamine,
or an analog thereof;
|
(6.5) (blank);
(A) not less than 6 years and not more |
than 30 years with respect
to 15 grams or more but less |
than 100 grams
of a substance containing |
methamphetamine or any salt of an
optical isomer of |
methamphetamine, or an analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing methamphetamine
or |
any salt of an optical isomer of methamphetamine, or an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect
to 400 grams or more but less than |
900 grams of a substance containing
methamphetamine or |
any salt of an optical isomer of methamphetamine, or
an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
substance containing methamphetamine or any salt
of an |
optical isomer of methamphetamine, or an analog |
thereof.
|
(6.6) (blank);
(A) not less than 6 years and not more |
than 30 years for the
possession of any methamphetamine |
manufacturing chemical set forth in
paragraph (z-1) of |
Section 102 with intent to manufacture 30 grams or more
|
but less than 150 grams of any substance containing |
methamphetamine, or salt
of any optical isomer of |
methamphetamine, or an analog thereof;
|
(B) not less than 6 years and not more than 40 |
years for the possession
of any methamphetamine |
manufacturing chemical set forth in paragraph (z-1) of
|
Section 102 with intent to manufacture 150 grams or |
more but less than 500
grams of any substance |
containing methamphetamine, or salt of an optical |
isomer
of methamphetamine, or an analog thereof;
|
(C) not less than 6 years and not more than 50 |
|
years for the possession
of any methamphetamine |
manufacturing chemical set forth in paragraph (z-1) of
|
Section 102 with intent to manufacture 500 grams or |
more but less than 1200
grams of any substance |
containing methamphetamine, or salt of an optical |
isomer
of methamphetamine, or an analog thereof;
|
(D) not less than 6 years and not more than 60 |
years for the possession
of any methamphetamine |
manufacturing chemical set forth in paragraph (z-1) of
|
Section 102 with intent to manufacture 1200 grams or |
more of any substance
containing methamphetamine, or |
salt of an optical isomer of methamphetamine,
or an |
analog thereof;
|
(7) (A) not less than 6 years and not more than 30 |
years with respect
to: (i) 15 grams or more but less |
than 100 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 15 or
|
more objects or 15 or more segregated parts of an |
object or objects but
less than 200 objects or 200 |
segregated parts of an object or objects
containing in |
them or having upon them any amounts of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect
to: (i) 100 grams or more but less |
than 400 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 200 |
or more
objects or 200 or more segregated parts of an |
object or objects but less
than 600 objects or less |
than 600 segregated parts of an object or objects
|
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide |
(LSD), or an analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect
to: (i) 400 grams or more but less |
than 900 grams of a substance containing
lysergic acid |
|
diethylamide (LSD), or an analog thereof, or (ii) 600 |
or more
objects or 600 or more segregated parts of an |
object or objects but less
than 1500 objects or 1500 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect
to: (i) 900 grams or more of any |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof, or (ii) 1500 or more objects or
|
1500 or more segregated parts of an object or objects |
containing in them or
having upon them any amount of a |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof;
|
(7.5) (A) not less than 6 years and not more than 30 |
years with respect
to:
(i) 15
grams or more but less |
than 100 grams of a substance listed in paragraph (1),
|
(2), (2.1), (3), (14.1), (19), (20), (20.1), (21), |
(25), or (26) of subsection
(d) of Section 204, or an |
analog or derivative thereof, or (ii) 15 or more
pills, |
tablets, caplets, capsules, or objects but less than |
200 pills, tablets,
caplets, capsules, or objects |
containing in them or having upon them any
amounts of |
any substance listed in paragraph (1), (2), (2.1), (3), |
(14.1),
(19), (20), (20.1), (21), (25), or (26) of |
subsection (d) of Section 204, or
an analog or |
derivative thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to:
(i) 100 grams or more but less |
than 400 grams of a substance listed in
paragraph (1), |
(2), (2.1), (3), (14.1), (19), (20),
(20.1), (21), |
(25), or (26) of subsection (d) of Section 204, or an |
analog or
derivative thereof, or (ii) 200 or more |
pills, tablets, caplets, capsules, or
objects but less |
than 600 pills, tablets, caplets, capsules, or objects
|
|
containing in them or having upon them any amount of |
any substance listed in
paragraph (1), (2), (2.1), (3), |
(14.1), (19), (20), (20.1), (21), (25), or (26)
of |
subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to:
(i) 400 grams or more but less |
than 900 grams of a substance listed in
paragraph (1), |
(2), (2.1), (3), (14.1), (19), (20), (20.1), (21), |
(25), or (26)
of subsection (d) of Section 204, or an |
analog or derivative thereof,
or (ii) 600 or more |
pills, tablets, caplets, capsules, or objects but less |
than
1,500 pills, tablets, caplets, capsules, or |
objects
containing in them or having upon them any |
amount of any substance listed in
paragraph (1), (2), |
(2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or |
(26)
of subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to:
(i) 900 grams or more of any |
substance listed in paragraph (1), (2), (2.1),
(3), |
(14.1), (19), (20), (20.1), (21), (25), or (26) of |
subsection (d) of
Section 204, or an analog or |
derivative thereof, or (ii) 1,500 or more pills,
|
tablets, caplets, capsules, or objects containing in |
them or having upon them
any amount
of a substance |
listed in paragraph (1), (2), (2.1), (3), (14.1), (19),
|
(20), (20.1), (21), (25), or (26)
of subsection (d) of |
Section 204, or an analog or derivative thereof;
|
(8) 30 grams or more of any substance containing |
pentazocine or any of
the salts, isomers and salts of |
isomers of pentazocine, or an analog thereof;
|
(9) 30 grams or more of any substance containing |
methaqualone or any of
the salts, isomers and salts of |
isomers of methaqualone, or an analog thereof;
|
(10) 30 grams or more of any substance containing |
|
phencyclidine or any
of the salts, isomers and salts of |
isomers of phencyclidine (PCP),
or an analog thereof;
|
(10.5) 30 grams or more of any substance containing |
ketamine
or any of the salts, isomers and salts of isomers |
of ketamine,
or an analog thereof;
|
(11) 200 grams or more of any substance containing any |
other controlled
substance classified in Schedules I or II, |
or an analog thereof, which is
not otherwise included in |
this subsection.
|
(b) Any person sentenced with respect to violations of |
paragraph (1),
(2), (3), (6.5),
(6.6), (7), or (7.5) of |
subsection (a) involving
100 grams or
more of the
controlled |
substance named therein, may in addition to the penalties
|
provided therein, be fined an amount not more than $500,000 or |
the full
street value of the controlled or counterfeit |
substance or controlled substance
analog, whichever is |
greater. The term "street value" shall have the
meaning |
ascribed in Section 110-5 of the Code of Criminal Procedure of
|
1963. Any person sentenced with respect to any other provision |
of
subsection (a), may in addition to the penalties provided |
therein, be fined
an amount not to exceed $500,000.
|
(c) Any person who violates this Section with regard to the
|
following amounts of controlled or counterfeit substances
or |
controlled substance analogs, notwithstanding any of the |
provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
to the
contrary, is guilty of a Class 1 felony. The fine for |
violation of this
subsection (c) shall not be more than |
$250,000:
|
(1) 1 gram or more but less than 15 grams of any
|
substance containing heroin, or an analog thereof;
|
(2) 1 gram or more but less than 15
grams of any |
substance containing cocaine, or an analog thereof;
|
(3) 10 grams or more but less than 15 grams of any |
substance
containing morphine, or an analog thereof;
|
(4) 50 grams or more but less than 200 grams of any |
substance
containing peyote, or an analog thereof;
|
|
(5) 50 grams or more but less than 200 grams of any |
substance
containing a derivative of barbituric acid or any |
of the salts of a
derivative of barbituric acid, or an |
analog thereof;
|
(6) 50 grams or more but less than 200 grams of any |
substance
containing amphetamine or any salt of an optical |
isomer
of amphetamine, or an analog thereof;
|
(6.5) (blank);
5 grams or more but less than 15 grams |
of any substance containing
methamphetamine or any salt or |
optical isomer of methamphetamine, or an analog
thereof;
|
(7) (i) 5 grams or more but less than 15 grams of any |
substance
containing lysergic acid diethylamide (LSD), or |
an analog thereof,
or (ii)
more than 10 objects or more |
than 10 segregated parts of an object or objects
but less |
than 15 objects or less than 15 segregated parts of an |
object
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide (LSD), |
or an analog thereof;
|
(7.5) (i) 5 grams or more but less than 15 grams of any |
substance listed
in paragraph (1), (2), (2.1), (3), (14.1), |
(19), (20), (20.1), (21), (25), or
(26) of subsection (d) |
of Section 204, or an analog or derivative thereof, or
(ii) |
more than 10 pills, tablets, caplets, capsules, or objects |
but less than
15 pills, tablets, caplets, capsules, or |
objects containing in them or having
upon them any amount |
of any substance listed in paragraph (1), (2), (2.1),
(3), |
(14.1), (19), (20), (20.1), (21), (25), or (26) of |
subsection (d) of
Section 204, or an analog or derivative |
thereof;
|
(8) 10 grams or more but less than 30 grams of any |
substance
containing pentazocine or any of the salts, |
isomers and salts of isomers of
pentazocine, or an analog |
thereof;
|
(9) 10 grams or more but less than 30 grams of any |
substance
containing methaqualone or any of the salts, |
isomers and salts of isomers
of methaqualone, or an analog |
|
thereof;
|
(10) 10 grams or more but less than 30 grams of any |
substance
containing phencyclidine or any of the salts, |
isomers and salts of isomers
of phencyclidine (PCP), or an |
analog thereof;
|
(10.5) 10 grams or more but less than 30 grams of any |
substance
containing ketamine or any of the salts, isomers |
and salts of
isomers of ketamine, or an analog thereof;
|
(11) 50 grams or more but less than 200 grams of any |
substance
containing a substance classified in Schedules I |
or II, or an analog
thereof, which is not otherwise |
included in this subsection.
|
(c-5) (Blank).
Any person who violates this Section with |
regard to possession of
any methamphetamine manufacturing |
chemical set forth in paragraph (z-1) of
Section 102
with
|
intent to manufacture 15 grams or more but less than 30 grams |
of
methamphetamine, or salt of an optical isomer of |
methamphetamine or any analog
thereof, is guilty of a Class 1 |
felony. The fine for violation of this
subsection (c-5) shall |
not be more than $250,000.
|
(d) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified in
Schedules I or II, or an analog thereof, which is |
(i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or |
an analog thereof, or
(iii) any
substance containing |
amphetamine or methamphetamine or any salt or optical
isomer of |
amphetamine or methamphetamine , or an analog thereof, is guilty
|
of a Class 2 felony. The fine for violation of this subsection |
(d) shall
not be more than $200,000.
|
(d-5) (Blank).
Any person who violates this Section with |
regard to possession of
any methamphetamine manufacturing |
chemical set forth in paragraph (z-1) of
Section 102
with
|
intent to manufacture less than 15 grams of methamphetamine, or |
salt of an
optical isomer of methamphetamine or any analog |
thereof, is guilty of a Class
2 felony. The fine for violation |
of this subsection (d-5) shall not be more
than $200,000.
|
|
(e) Any person who violates this Section with regard to any |
other
amount of a controlled substance other than |
methamphetamine or counterfeit substance classified in
|
Schedule I or II, or an analog thereof, which substance is not
|
included under subsection (d) of this Section, is
guilty of a |
Class 3 felony. The fine for violation of this subsection (e)
|
shall not be more than $150,000.
|
(f) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified in
Schedule III is guilty of a Class 3 felony. The |
fine for violation of
this subsection (f) shall not be more |
than $125,000.
|
(g) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified
in Schedule IV is guilty of a Class 3 felony. The |
fine for violation of
this subsection (g) shall not be more |
than $100,000.
|
(h) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified in
Schedule V is guilty of a Class 3 felony. The |
fine for violation of this
subsection (h) shall not be more |
than $75,000.
|
(i) This Section does not apply to the manufacture, |
possession or
distribution of a substance in conformance with |
the provisions of an approved
new drug application or an |
exemption for investigational use within the
meaning of Section |
505 of the Federal Food, Drug and Cosmetic Act.
|
(j) (Blank).
The presence of any methamphetamine |
manufacturing chemical in a
sealed, factory imprinted |
container, including, but not limited to a bottle,
box, or |
plastic blister package, at the time of seizure by law
|
enforcement, is prima facie evidence that the methamphetamine |
manufacturing
chemical located within the container is in fact |
the chemical so described and
in the amount
and dosage listed |
on the container. The factory imprinted container is
admissible |
for a violation of this Section for purposes of proving the |
|
contents
of the container.
|
(Source: P.A. 92-16, eff. 6-28-01; 92-256, eff. 1-1-02; 92-698, |
eff.
7-19-02; 93-278, eff. 1-1-04.)
|
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
|
Sec. 401.1. Controlled Substance Trafficking.
|
(a) Except for
purposes as authorized by this Act, any |
person who knowingly brings or
causes to be brought into this |
State for the purpose of manufacture or
delivery or with the |
intent to manufacture or deliver a controlled substance other |
than methamphetamine or
counterfeit substance in this or any |
other state or country is guilty
of controlled substance |
trafficking.
|
(b) A person convicted of controlled substance trafficking |
shall be
sentenced to a term of imprisonment not less than |
twice the minimum term
and fined an amount as authorized by |
Section 401 of this Act, based upon
the amount of controlled or |
counterfeit substance brought or caused to be
brought into this |
State, and not more than twice the maximum term of
imprisonment |
and fined twice the amount as authorized by Section 401 of
this |
Act, based upon the amount of controlled or counterfeit |
substance
brought or caused to be brought into this State.
|
(c) It shall be a Class 2 felony for which a fine not to |
exceed
$100,000 may be imposed for any person to knowingly use |
a cellular radio
telecommunication device in the furtherance of |
controlled substance
trafficking. This penalty shall be in |
addition to any other penalties
imposed by law.
|
(Source: P.A. 85-1294; 86-1391.)
|
(720 ILCS 570/401.5)
|
Sec. 401.5. Chemical breakdown of illicit controlled |
substance.
|
(a) It is unlawful for any person to manufacture a |
controlled substance
other than methamphetamine prohibited by |
this Act by chemically deriving the controlled substance from
|
one or more other controlled substances prohibited by this Act.
|
|
(a-5) It is unlawful for any person to possess any |
substance with the
intent to
use the substance to facilitate |
the manufacture of any controlled substance other than |
methamphetamine, any
or
counterfeit
substance , or any
|
controlled substance analog other than as authorized by this
|
Act.
|
(b) A violation of this Section is a Class 4 felony.
|
(c) (Blank).
This Section does not apply
to the possession |
of any methamphetamine manufacturing chemicals with the
intent |
to manufacture
methamphetamine or any salt of an optical isomer |
of methamphetamine, or an
analog of methamphetamine.
|
(Source: P.A. 90-775, eff. 1-1-99; 91-403, eff. 1-1-00; 91-825, |
eff.
6-13-00.)
|
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
|
Sec. 402. Except as otherwise authorized by this Act, it is |
unlawful for
any person knowingly to possess a controlled or |
counterfeit substance.
A violation of this Act with respect to |
each of the controlled substances
listed herein constitutes a |
single and separate violation of this Act.
|
(a) Any person who violates this Section with respect to |
the following
controlled or counterfeit substances and |
amounts, notwithstanding any of the
provisions of subsections |
(c) and (d) to the
contrary, is guilty of a Class 1 felony and |
shall, if sentenced to a term
of imprisonment, be sentenced as |
provided in this subsection (a) and fined
as provided in |
subsection (b):
|
(1) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing heroin;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing heroin;
|
(C) not less than 8 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing heroin;
|
|
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any |
substance containing heroin;
|
(2) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of any substance containing
cocaine;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of any substance containing cocaine;
|
(C) not less than 8 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing cocaine;
|
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any |
substance containing cocaine;
|
(3) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of any substance containing
morphine;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of any substance containing morphine;
|
(C) not less than 6 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing morphine;
|
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any |
substance containing morphine;
|
(4) 200 grams or more of any substance containing |
peyote;
|
(5) 200 grams or more of any substance containing a |
derivative of
barbituric acid or any of the salts of a |
derivative of barbituric acid;
|
(6) 200 grams or more of any substance containing |
amphetamine or any salt
of an optical isomer of |
|
amphetamine;
|
(6.5) (blank);
(A) not less than 4 years and not more |
than 15 years with
respect to 15 grams or more but less |
than 100 grams of a substance containing
|
methamphetamine or any salt of an optical isomer of
|
methamphetamine;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing
methamphetamine or |
any salt of an optical isomer of
methamphetamine;
|
(C) not less than 8 years and not more than 40 |
years with
respect to
400 grams or more but less than |
900 grams of a substance containing
methamphetamine or |
any salt of an optical isomer of
methamphetamine;
|
(D) not less than 10 years and not more than 50 |
years with
respect to
900 grams or more of any |
substance containing methamphetamine or
any salt of an |
optical isomer of methamphetamine;
|
(7) (A) not less than 4 years and not more than 15 |
years with respect
to: (i) 15 grams or more but less |
than 100 grams of any substance containing
lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii) |
15 or
more objects or 15 or more segregated parts of an |
object or objects but
less than 200 objects or 200 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(B) not less than 6 years and not more than 30 |
years with respect
to: (i) 100 grams or more but less |
than 400 grams of any substance
containing lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii)
|
200 or more objects or 200 or more segregated parts of |
an object or objects
but less than 600 objects or less |
than 600 segregated parts of an object or
objects |
containing in them or having upon them any amount of |
|
any substance
containing lysergic acid diethylamide |
(LSD), or an analog thereof;
|
(C) not less than 8 years and not more than 40 |
years with respect
to: (i) 400 grams or more but less |
than 900 grams of any substance
containing lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii)
|
600 or more objects or 600 or more segregated parts of |
an object or objects
but less than 1500 objects or 1500 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(D) not less than 10 years and not more than 50 |
years with respect
to: (i) 900 grams or more of any |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof, or (ii) 1500 or more objects or
|
1500 or more segregated parts of an object or objects |
containing in them or
having upon them any amount of a |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof;
|
(7.5) (A) not less than 4 years and not more than 15 |
years with respect
to: (i) 15
grams or more but
less |
than 100 grams of any substance listed in paragraph |
(1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), |
(25), or (26) of subsection (d) of Section 204, or an
|
analog or derivative
thereof, or (ii) 15 or more pills, |
tablets, caplets, capsules, or objects but
less than |
200 pills,
tablets, caplets, capsules, or objects |
containing in them or having upon them
any amount of |
any
substance listed in paragraph (1), (2), (2.1), (3), |
(14.1), (19), (20), (20.1),
(21), (25), or (26) of
|
subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(B) not less than 6 years and not more than 30 |
years with respect to: (i)
100
grams or more but
less |
than 400 grams of any substance listed in paragraph |
|
(1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), |
(25), or (26) of subsection (d) of Section 204, or an |
analog or
derivative thereof, or
(ii) 200 or more |
pills, tablets, caplets, capsules, or objects but less |
than
600
pills, tablets,
caplets, capsules, or objects |
containing in them or having upon them any amount
of |
any
substance
listed in paragraph (1), (2), (2.1), (3), |
(14.1), (19), (20), (20.1), (21),
(25), or (26) of |
subsection
(d) of Section 204, or an analog or |
derivative thereof;
|
(C) not less than 8 years and not more than 40 |
years with respect to: (i)
400
grams or more but
less |
than 900 grams of any substance listed in paragraph |
(1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), |
(25), or (26) of subsection (d) of Section 204, or an |
analog or
derivative thereof,
or (ii) 600 or more |
pills, tablets, caplets, capsules, or objects but less |
than
1,500 pills, tablets,
caplets, capsules, or |
objects containing in them or having upon them any |
amount
of any
substance listed in paragraph (1), (2), |
(2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or |
(26) of
subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(D) not less than 10 years and not more than 50 |
years with respect to:
(i)
900 grams or more of
any |
substance listed in paragraph (1), (2), (2.1), (3), |
(14.1), (19), (20),
(20.1), (21), (25), or (26)
of |
subsection (d) of Section 204, or an analog or |
derivative thereof, or (ii)
1,500 or more pills,
|
tablets, caplets, capsules, or objects containing in |
them or having upon them
any amount of a
substance |
listed in paragraph (1), (2), (2.1), (3), (14.1), (19), |
(20), (20.1),
(21), (25), or (26) of
subsection (d) of |
Section 204, or an analog or derivative thereof;
|
(8) 30 grams or more of any substance containing |
pentazocine or any of
the salts, isomers and salts of |
|
isomers of pentazocine, or an analog thereof;
|
(9) 30 grams or more of any substance containing |
methaqualone or any
of the salts, isomers and salts of |
isomers of methaqualone;
|
(10) 30 grams or more of any substance containing |
phencyclidine or any
of the salts, isomers and salts of |
isomers of phencyclidine (PCP);
|
(10.5) 30 grams or more of any substance containing |
ketamine or any of
the salts, isomers and salts of isomers |
of ketamine;
|
(11) 200 grams or more of any substance containing any |
substance
classified as a narcotic drug in Schedules I or |
II which is not otherwise
included in this subsection.
|
(b) Any person sentenced with respect to violations of |
paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) |
involving 100
grams or more of the
controlled substance named |
therein, may in addition to the penalties
provided therein, be |
fined an amount not to exceed $200,000 or the full
street value |
of the controlled or counterfeit substances, whichever is
|
greater. The term "street value" shall have the meaning
|
ascribed in Section 110-5 of the Code of Criminal Procedure of |
1963. Any
person sentenced with respect to any other provision |
of subsection (a), may
in addition to the penalties provided |
therein, be fined an amount not to
exceed $200,000.
|
(c) Any person who violates this Section with regard to an |
amount
of a controlled substance other than methamphetamine or
|
counterfeit substance not set forth in
subsection (a) or (d) is |
guilty of a Class 4 felony. The fine for a
violation punishable |
under this subsection (c) shall not be more
than $25,000.
|
(d) Any person who violates this Section with regard to any |
amount of
anabolic steroid is guilty of a Class C misdemeanor
|
for the first offense and a Class B misdemeanor for a |
subsequent offense
committed within 2 years of a prior |
conviction.
|
(Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; |
92-256, eff.
1-1-02.)
|
|
(720 ILCS 570/405.2)
|
Sec. 405.2. Streetgang criminal drug conspiracy.
|
(a) Any person who
engages in a streetgang criminal drug |
conspiracy, as
defined in this Section, is guilty of a Class X |
felony for which the
offender shall be sentenced to a term of |
imprisonment as follows:
|
(1) not less than 15 years and not more than 60 years |
for a violation of
subsection (a) of Section 401;
|
(2) not less than 10 years and not more than 30 years |
for a violation of
subsection (c) of Section 401.
|
For the purposes of this Section, a person engages in a |
streetgang
criminal drug conspiracy when:
|
(i) he or she violates any of the provisions of |
subsection (a) or (c)
of Section 401 of this Act or any |
provision of the Methamphetamine Control and Community |
Protection Act ; and
|
(ii) such violation is part of a conspiracy undertaken |
or carried out with
2 or more other persons; and
|
(iii) such conspiracy is in furtherance of the |
activities of an organized
gang as defined in the Illinois |
Streetgang Terrorism Omnibus Prevention Act;
and
|
(iv) he or she occupies a position of organizer, a |
supervising person, or
any other position of management |
with those persons identified in clause (ii)
of this |
subsection (a).
|
The fine for a violation of this Section shall not be more |
than
$500,000, and the offender shall be subject to the
|
forfeitures prescribed in subsection (b).
|
(b) Subject to the provisions of Section 8 of the Drug |
Asset Forfeiture
Procedure Act, any person who is convicted |
under this Section of engaging in a
streetgang criminal drug |
conspiracy shall forfeit to the State of
Illinois:
|
(1) the receipts obtained by him or her in such |
conspiracy; and
|
(2) any of his or her interests in, claims against, |
|
receipts from, or
property or rights of any kind affording |
a source of influence over,
such conspiracy.
|
(c) The circuit court may enter such injunctions, |
restraining
orders, directions or prohibitions, or may take |
such other actions,
including the acceptance of satisfactory |
performance bonds, in
connection with any property, claim, |
receipt, right or other interest
subject to forfeiture under |
this Section, as it deems proper.
|
(Source: P.A. 89-498, eff. 6-27-96.)
|
(720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1)
|
Sec. 406.1. (a) Any person who controls
any building and |
who performs the following act commits the offense
of |
permitting unlawful use of a building:
|
Knowingly grants, permits or makes the building available |
for use for the purpose of
unlawfully manufacturing or |
delivering a controlled substance other than methamphetamine .
|
(b) Permitting unlawful use of a building is a Class 4 |
felony.
|
(Source: P.A. 85-537.)
|
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
|
Sec. 407. (a) (1)(A) Any person 18 years of age or over who |
violates any
subsection of Section 401 or subsection (b) of |
Section 404 by delivering a
controlled, counterfeit or |
look-alike substance to a person under 18 years
of age may be |
sentenced to imprisonment for a term up to twice the maximum
|
term and fined an amount up to twice that amount otherwise |
authorized by
the pertinent subsection of Section 401 and |
Subsection (b) of Section 404.
|
(B) (Blank).
Any person 18 years of age or over who |
violates subdivision
(a)(6.5), subdivision (a)(6.6), |
subdivision (c)(6.5), subsection (c-5),
subsection (d), or |
subsection (d-5) of Section 401 by
manufacturing |
methamphetamine, preparing to manufacture methamphetamine, or
|
storing methamphetamine, methamphetamine ingredients, or |
|
methamphetamine waste
in any vehicle or real property where a |
child under 18 years of age resides, is
present, or is |
otherwise endangered by exposure to the methamphetamine,
|
methamphetamine ingredients, methamphetamine waste, or |
methamphetamine
manufacturing process may be sentenced to |
imprisonment for a term up to
twice the maximum term and fined |
an amount up to twice that amount otherwise
authorized by the |
pertinent subsection of Section 401 and subsection (b) of
|
Section 404.
|
(2) Except as provided in paragraph (3) of this subsection, |
any person
who violates:
|
(A) subsection (c) of Section 401 by delivering or |
possessing with
intent to deliver a controlled, |
counterfeit, or look-alike substance in or
on, or within |
1,000 feet of, a truck stop or safety rest area, is guilty |
of
a Class 1 felony, the fine for which shall not exceed |
$250,000;
|
(B) subsection (d) of Section 401 by delivering or |
possessing with
intent to deliver a controlled, |
counterfeit, or look-alike substance in or
on, or within |
1,000 feet of, a truck stop or safety rest area, is guilty |
of
a Class 2 felony, the fine for which shall not exceed |
$200,000;
|
(C) subsection (e) of Section 401 or subsection (b) of |
Section 404
by delivering or possessing with intent to |
deliver a controlled,
counterfeit, or look-alike substance |
in or on, or within 1,000 feet of, a
truck stop or safety |
rest area, is guilty of a Class 3 felony, the fine for
|
which shall not exceed $150,000;
|
(D) subsection (f) of Section 401 by delivering or |
possessing with
intent to deliver a controlled, |
counterfeit, or look-alike substance in or
on, or within |
1,000 feet of, a truck stop or safety rest area, is guilty |
of
a Class 3 felony, the fine for which shall not exceed |
$125,000;
|
(E) subsection (g) of Section 401 by delivering or |
|
possessing with
intent to deliver a controlled, |
counterfeit, or look-alike substance in or
on, or within |
1,000 feet of, a truck stop or safety rest area, is guilty |
of
a Class 3 felony, the fine for which shall not exceed |
$100,000;
|
(F) subsection (h) of Section 401 by delivering or |
possessing with
intent to deliver a controlled, |
counterfeit, or look-alike substance in or
on, or within |
1,000 feet of, a truck stop or safety rest area, is guilty |
of
a Class 3 felony, the fine for which shall not exceed |
$75,000;
|
(3) Any person who violates paragraph (2) of this |
subsection (a) by
delivering or possessing with intent to |
deliver a controlled, counterfeit,
or look-alike substance in |
or on, or within 1,000 feet of a truck stop or a
safety rest |
area, following a prior conviction or convictions of paragraph
|
(2) of this subsection (a) may be sentenced to a term of |
imprisonment up to
2 times the maximum term and fined an amount |
up to 2 times the amount
otherwise authorized by Section 401.
|
(4) For the purposes of this subsection (a):
|
(A) "Safety rest area" means a roadside facility |
removed from the
roadway with parking and facilities |
designed for motorists' rest, comfort,
and information |
needs; and
|
(B) "Truck stop" means any facility (and its parking |
areas) used to
provide fuel or service, or both, to any |
commercial motor vehicle as
defined in Section 18b-101 of |
the Illinois Vehicle Code.
|
(b) Any person who violates:
|
(1) subsection (c) of Section 401 in any school, or any |
conveyance
owned, leased or contracted by a school to |
transport students to or from
school or a school related |
activity, or residential property owned, operated or
|
managed by a public housing agency or leased by a public |
housing agency as part
of a scattered site or mixed-income |
development, or public park, on the real
property |
|
comprising any school or residential property owned, |
operated or
managed by a public housing agency or leased by |
a public housing agency as part
of a scattered site or |
mixed-income development, or public park or
within 1,000 |
feet of the real property comprising any school or
|
residential property owned, operated or managed by a public |
housing
agency
or leased by a public housing agency as part |
of a scattered site or
mixed-income development, or public |
park, on the real property comprising any
church, |
synagogue, or
other building, structure, or place used |
primarily for religious worship, or
within 1,000 feet of |
the real property comprising any church, synagogue, or
|
other building, structure, or place used primarily for |
religious worship, on
the real property comprising any of |
the following places, buildings, or
structures used |
primarily for housing or providing space for activities for
|
senior citizens: nursing homes, assisted-living centers, |
senior citizen housing
complexes, or senior centers |
oriented toward daytime activities, or within
1,000 feet of |
the real property comprising any of the following places,
|
buildings, or structures used primarily for housing or |
providing space for
activities for senior citizens: |
nursing homes, assisted-living centers, senior
citizen |
housing complexes, or senior centers oriented toward |
daytime activities
is guilty of a Class X felony, the fine |
for which shall not
exceed $500,000;
|
(2) subsection (d) of Section 401 in any school, or any |
conveyance
owned, leased or contracted by a school to |
transport students to or from
school or a school related |
activity, or residential property owned,
operated or |
managed by a public housing agency or leased by a public |
housing
agency as part of a scattered site or mixed-income |
development, or public park,
on the real property |
comprising any school or residential property owned,
|
operated or managed by a public housing agency or leased by |
a public housing
agency as part of a scattered site or |
|
mixed-income development, or public park
or within 1,000 |
feet of the real property comprising any school or |
residential
property owned, operated or managed by a public |
housing agency or leased by a
public housing agency as part |
of a scattered site or mixed-income development,
or public |
park, on the real property comprising any church, |
synagogue, or other
building, structure, or place used |
primarily for religious worship, or
within 1,000 feet of |
the real property comprising any church,
synagogue, or |
other building, structure, or place used primarily for |
religious
worship, on the real property comprising any of |
the following places,
buildings, or
structures used |
primarily for housing or providing space for activities for
|
senior citizens: nursing homes, assisted-living centers, |
senior citizen housing
complexes, or senior centers |
oriented toward daytime activities, or within
1,000 feet of |
the real property comprising any of the following
places, |
buildings, or structures used primarily for housing or |
providing space
for activities for senior citizens: |
nursing homes, assisted-living centers,
senior citizen |
housing complexes, or senior centers oriented toward |
daytime
activities is guilty of a Class 1 felony, the fine |
for which shall not exceed
$250,000;
|
(3) subsection (e) of Section 401 or Subsection (b) of |
Section 404 in
any school, or any conveyance owned, leased |
or contracted by a school to
transport students to or from |
school or a school related activity, or
residential |
property owned, operated or managed by a public housing |
agency or
leased by a public housing agency as part of a |
scattered site or mixed-income
development, or public |
park, on the real property comprising any school or
|
residential property owned, operated or managed by a public |
housing agency or
leased by a public housing agency as part |
of a scattered site or mixed-income
development, or public |
park or within 1,000 feet of the real property
comprising
|
any school or residential property owned, operated or |
|
managed by a
public housing agency or leased by a public |
housing agency as part of a
scattered site or mixed-income |
development, or public park, on the real
property |
comprising any church, synagogue, or other building, |
structure, or
place used primarily for religious worship, |
or within 1,000 feet of the real
property comprising any |
church, synagogue, or other building, structure, or
place |
used primarily for religious worship, on the real property |
comprising any
of the following places, buildings, or |
structures used primarily for housing or
providing space |
for activities for
senior citizens: nursing homes, |
assisted-living centers, senior citizen housing
complexes, |
or senior centers oriented toward daytime activities, or |
within
1,000 feet of the real property comprising any of |
the following
places, buildings, or structures used |
primarily for housing or providing space
for activities for |
senior citizens: nursing homes, assisted-living centers,
|
senior citizen housing complexes, or senior centers |
oriented toward daytime
activities is guilty of a Class 2 |
felony, the fine for
which shall not exceed $200,000;
|
(4) subsection (f) of Section 401 in any school, or any |
conveyance
owned, leased or contracted by a school to |
transport students to or from
school or a school related |
activity, or residential property owned,
operated or |
managed by a public housing agency
or leased by a public |
housing agency as part of a scattered site or
mixed-income |
development,
or public park, on the real
property |
comprising any school or residential property owned, |
operated or
managed by a public housing agency
or leased by |
a public housing agency as part of a scattered site or
|
mixed-income development,
or public park or
within 1,000 |
feet of the real property comprising any school or |
residential
property owned, operated or managed by a public |
housing agency
or leased by a public housing agency as part |
of a scattered site or
mixed-income development,
or public
|
park, on the real property comprising any church, |
|
synagogue, or other
building,
structure, or place used |
primarily for religious worship, or
within 1,000 feet of |
the real property comprising any church,
synagogue, or |
other building, structure, or place used primarily for |
religious
worship, on the real property comprising any of |
the following places,
buildings, or
structures used |
primarily for housing or providing space for activities for
|
senior citizens: nursing homes, assisted-living centers, |
senior citizen housing
complexes, or senior centers |
oriented toward daytime activities, or within
1,000 feet of |
the real property comprising any of the following
places, |
buildings, or structures used primarily for housing or |
providing space
for activities for senior citizens: |
nursing homes, assisted-living centers,
senior citizen |
housing complexes, or senior centers oriented toward |
daytime
activities
is guilty of a Class 2 felony, the fine |
for which shall not exceed
$150,000;
|
(5) subsection (g) of Section 401 in any school, or any |
conveyance
owned, leased or contracted by a school to |
transport students to or from
school or a school related |
activity, or residential property owned,
operated or |
managed by a public housing agency
or leased by a public |
housing agency as part of a scattered site or
mixed-income |
development,
or public park, on the real
property |
comprising any school or residential property owned, |
operated or
managed by a public housing agency
or leased by |
a public housing agency as part of a scattered site or
|
mixed-income development,
or public park or
within 1,000 |
feet of the real property comprising any school or |
residential
property owned, operated or managed by a public |
housing agency
or leased by a public housing agency as part |
of a scattered site or
mixed-income development,
or public
|
park, on the real property comprising any church, |
synagogue, or other
building,
structure, or place used |
primarily for religious worship, or
within 1,000 feet of |
the real property comprising any church,
synagogue, or |
|
other building, structure, or place used primarily for |
religious
worship, on the real property comprising any of |
the following places,
buildings, or
structures used |
primarily for housing or providing space for activities for
|
senior citizens: nursing homes, assisted-living centers, |
senior citizen housing
complexes, or senior centers |
oriented toward daytime activities, or within
1,000 feet of |
the real property comprising any of the following
places, |
buildings, or structures used primarily for housing or |
providing space
for activities for senior citizens: |
nursing homes, assisted-living centers,
senior citizen |
housing complexes, or senior centers oriented toward |
daytime
activities
is guilty of a Class 2 felony, the fine |
for which shall not exceed $125,000;
|
(6) subsection (h) of Section 401 in any school, or any |
conveyance
owned, leased or contracted by a school to |
transport students to or from
school or a school related |
activity, or residential property owned,
operated or |
managed by a public housing agency
or leased by a public |
housing agency as part of a scattered site or
mixed-income |
development,
or public park, on the real
property |
comprising any school or residential property owned, |
operated or
managed by a public housing agency
or leased by |
a public housing agency as part of a scattered site or
|
mixed-income development,
or public park or within 1,000 |
feet of the real property comprising any school
or |
residential
property owned, operated or managed by a public |
housing agency
or leased by a public housing agency as part |
of a scattered site or
mixed-income development,
or public
|
park, on the real property comprising any church, |
synagogue, or other
building,
structure, or place used |
primarily for religious worship, or
within 1,000 feet of |
the real property comprising any church,
synagogue, or |
other building, structure, or place used primarily for |
religious
worship, on the real property comprising any of |
the following places,
buildings, or
structures used |
|
primarily for housing or providing space for activities for
|
senior citizens: nursing homes, assisted-living centers, |
senior citizen housing
complexes, or senior centers |
oriented toward daytime activities, or within
1,000 feet of |
the real property comprising any of the following
places, |
buildings, or structures used primarily for housing or |
providing space
for activities for senior citizens: |
nursing homes, assisted-living centers,
senior citizen |
housing complexes, or senior centers oriented toward |
daytime
activities
is guilty of a Class 2 felony, the fine |
for which shall not exceed
$100,000.
|
(c) Regarding penalties prescribed in subsection
(b) for |
violations committed in a school or on or within
1,000 feet of |
school property, the time of day, time of year and whether
|
classes were currently in session at the time of the offense is |
irrelevant.
|
(Source: P.A. 92-16, eff. 6-28-01; 93-223, eff. 1-1-04.)
|
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
|
Sec. 410. (a) Whenever any person who has not previously |
been convicted
of, or placed on probation or court supervision |
for any offense under this
Act or any law of the United States |
or of any State relating to cannabis
or controlled substances, |
pleads guilty to or is found guilty of possession
of a |
controlled or counterfeit substance under subsection (c) of |
Section
402, the court, without entering a judgment and with |
the consent of such
person, may sentence him to probation.
|
(b) When a person is placed on probation, the court shall |
enter an order
specifying a period of probation of 24 months |
and shall defer further
proceedings in the case until the |
conclusion of the period or until the
filing of a petition |
alleging violation of a term or condition of probation.
|
(c) The conditions of probation shall be that the person: |
(1) not
violate any criminal statute of any jurisdiction; (2) |
refrain from
possessing a firearm or other dangerous weapon; |
(3) submit to periodic drug
testing at a time and in a manner |
|
as ordered by the court, but no less than 3
times during the |
period of the probation, with the cost of the testing to be
|
paid by the probationer; and (4) perform no less than 30 hours |
of community
service, provided community service is available |
in the jurisdiction and is
funded
and approved by the county |
board.
|
(d) The court may, in addition to other conditions, require |
that the person:
|
(1) make a report to and appear in person before or |
participate with the
court or such courts, person, or |
social service agency as directed by the
court in the order |
of probation;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational
|
training;
|
(4) undergo medical or psychiatric treatment; or |
treatment or
rehabilitation approved by the Illinois |
Department of Human Services;
|
(5) attend or reside in a facility established for the |
instruction or
residence of defendants on probation;
|
(6) support his dependents;
|
(6-5) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act ,
or the Illinois Controlled
Substances Act , or |
the Methamphetamine Control and Community Protection Act , |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(7) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home.
|
(e) Upon violation of a term or condition of probation, the |
court
may enter a judgment on its original finding of guilt and |
|
proceed as
otherwise provided.
|
(f) Upon fulfillment of the terms and conditions of |
probation, the court
shall discharge the person and dismiss the |
proceedings against him.
|
(g) A disposition of probation is considered to be a |
conviction
for the purposes of imposing the conditions of |
probation and for appeal,
however, discharge and dismissal |
under this Section is not a conviction for
purposes of this Act |
or for purposes of disqualifications or disabilities
imposed by |
law upon conviction of a crime.
|
(h) There may be only one discharge and dismissal under |
this Section ,
or
Section 10 of the Cannabis Control Act , or |
Section 70 of the Methamphetamine Control and Community |
Protection Act with respect to any person.
|
(i) If a person is convicted of an offense under this Act ,
|
or the Cannabis
Control Act , or the Methamphetamine Control and |
Community Protection Act within 5 years
subsequent to a |
discharge and dismissal under this Section, the discharge and
|
dismissal under this Section shall be admissible in the |
sentencing proceeding
for that conviction
as evidence in |
aggravation.
|
(Source: P.A. 91-696, eff. 4-13-00.)
|
(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
|
Sec. 413. (a) Twelve and one-half percent of all amounts |
collected
as fines pursuant to the provisions of this Article |
shall be paid into the
Youth Drug Abuse Prevention Fund, which |
is hereby created in the State
treasury, to be used by the |
Department for the funding of programs and
services for |
drug-abuse treatment, and prevention and education services,
|
for juveniles.
|
(b) Eighty-seven and one-half percent of the proceeds of |
all fines received
under the provisions of this Article shall |
be transmitted to and deposited
in the treasurer's office at |
the level
of government as follows:
|
(1) If such seizure was made by a combination of law |
|
enforcement
personnel representing differing units of |
local government, the court
levying the fine shall |
equitably allocate 50% of the fine among these units
of |
local government and shall allocate 37 1/2% to the county |
general
corporate fund. In the event that the seizure was |
made by law enforcement
personnel representing a unit of |
local government from a municipality where
the number of |
inhabitants exceeds 2 million in population, the court
|
levying the fine shall allocate 87 1/2% of the fine to that |
unit of local
government. If the seizure was made by a |
combination of law enforcement
personnel representing |
differing units of local government, and at least
one of |
those units represents a municipality where the number of
|
inhabitants exceeds 2 million in population, the court |
shall equitably
allocate 87 1/2% of the proceeds of the |
fines received among the differing
units of local |
government.
|
(2) If such seizure was made by State law enforcement |
personnel, then
the court shall allocate 37 1/2% to the |
State treasury and 50% to the
county general corporate |
fund.
|
(3) If a State law enforcement agency in combination |
with a law
enforcement agency or agencies of a unit or |
units of local government
conducted the seizure, the court |
shall equitably allocate 37 1/2% of the
fines to or among |
the law enforcement agency or agencies of the unit or
units |
of local government which conducted the seizure and shall |
allocate
50% to the county general corporate fund.
|
(c) The proceeds of all fines allocated to the law |
enforcement agency or
agencies of the unit or units of local |
government pursuant to subsection
(b) shall be made available |
to that law enforcement agency as expendable
receipts for use |
in the enforcement of laws regulating cannabis, |
methamphetamine, and other controlled
substances and cannabis . |
The proceeds of fines awarded to the State
treasury shall be |
deposited in a special fund known as the Drug Traffic
|
|
Prevention Fund, except that amounts distributed to the |
Secretary of
State shall be deposited into the Secretary of |
State Evidence Fund to be
used as provided in Section 2-115 of |
the Illinois Vehicle Code. Monies
from this fund may be used by |
the Department of
State Police or use in the enforcement of |
laws regulating cannabis, methamphetamine, and other
|
controlled
substances and cannabis ; to satisfy funding |
provisions of the
Intergovernmental Drug Laws Enforcement Act; |
to defray costs and expenses
associated with returning |
violators of the Cannabis Control Act and this
Act only, as |
provided in those Acts, when punishment of the crime shall be
|
confinement of the criminal in the penitentiary; and all other |
monies shall
be paid into the general revenue fund in the State |
treasury.
|
(Source: P.A. 87-342; 87-993.)
|
(720 ILCS 570/405.3 rep.)
|
(720 ILCS 570/411.3 rep.) |
Section 1066. The Illinois Controlled Substances Act is |
amended by repealing Sections 405.3 and 411.3. |
Section 1070. The Drug Paraphernalia Control Act is amended |
by changing Section 2 as follows:
|
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
|
Sec. 2. As used in this Act, unless the context otherwise |
requires:
|
(a) The term "cannabis" shall have the meaning ascribed to |
it in Section
3 of the " Cannabis Control Act " , as if that |
definition were incorporated
herein.
|
(b) The term "controlled substance" shall have the meaning |
ascribed to
it in Section 102 of the " Illinois Controlled |
Substances Act " , as if that
definition were incorporated |
herein.
|
(c) "Deliver" or "delivery" means the actual, constructive |
or attempted
transfer of possession, with or without |
|
consideration, whether or not there
is an agency relationship.
|
(d) "Drug paraphernalia" means all equipment, products and |
materials of
any kind , other than methamphetamine |
manufacturing materials as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act, which |
are intended to be used unlawfully in planting, propagating,
|
cultivating, growing, harvesting, manufacturing, compounding,
|
converting, producing, processing, preparing, testing, |
analyzing, packaging,
repackaging, storing, containing, |
concealing, injecting, ingesting, inhaling
or otherwise |
introducing into the human body cannabis or a controlled |
substance
in violation of the " Cannabis Control Act , " or the |
" Illinois Controlled
Substances
Act , or the Methamphetamine |
Control and Community Protection Act " . It
includes, but is not |
limited to:
|
(1) kits intended to be used unlawfully in |
manufacturing, compounding,
converting,
producing, |
processing or preparing cannabis or a controlled |
substance;
|
(2) isomerization devices intended to be used |
unlawfully in increasing
the potency of any species of |
plant which is cannabis or a controlled
substance;
|
(3) testing equipment intended to be used unlawfully in |
a private home for
identifying
or in analyzing the |
strength, effectiveness or purity of cannabis or |
controlled
substances;
|
(4) diluents and adulterants intended to be used |
unlawfully for cutting
cannabis
or a controlled substance |
by private persons;
|
(5) objects intended to be used unlawfully in |
ingesting, inhaling,
or otherwise introducing cannabis, |
cocaine, hashish, or hashish oil into
the human body |
including, where applicable, the following items:
|
(A) water pipes;
|
(B) carburetion tubes and devices;
|
(C) smoking and carburetion masks;
|
|
(D) miniature cocaine spoons and cocaine vials;
|
(E) carburetor pipes;
|
(F) electric pipes;
|
(G) air-driven pipes;
|
(H) chillums;
|
(I) bongs;
|
(J) ice pipes or chillers;
|
(6) any item whose purpose, as announced or described |
by the seller, is
for use in violation of this Act.
|
(Source: P.A. 93-526, eff. 8-12-03.)
|
Section 1075. The Methamphetamine Manufacturing Chemical |
Retail Sale Control Act is amended by changing Sections 1, 5, |
10, 15, 30, 45, 50, and 60 as follows: |
(720 ILCS 647/1)
|
Sec. 1. Short title. This Act may be cited as the |
Methamphetamine Precursor
Methamphetamine Manufacturing |
Chemical Retail Sale Control Act.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/5)
|
Sec. 5. Purpose. The purpose of this Act is to reduce the |
harm that methamphetamine is inflicting on individuals, |
families, communities, the economy, and the environment in |
Illinois by making it more difficult for persons engaged in the |
unlawful manufacture of methamphetamine to obtain |
methamphetamine precursor
methamphetamine manufacturing |
chemicals .
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/10)
|
Sec. 10. Definitions. In this Act: |
"Methamphetamine precursor" has the meaning ascribed to it |
in Section 10 of the Methamphetamine Control and Community |
Protection Act.
"Methamphetamine manufacturing chemical" has |
|
the meaning ascribed to it in subsection (z-1) of Section 102 |
of the Illinois Controlled Substances Act.
|
"Targeted methamphetamine precursor
methamphetamine |
manufacturing chemical " and "targeted medications" mean a |
subset of " methamphetamine precursor
methamphetamine |
manufacturing chemicals ". "Targeted methamphetamine precursor
|
methamphetamine manufacturing chemical " means any medication |
in the form of a tablet, capsule, caplet, or similar product |
that is sold over the counter, without a prescription, and that |
contains either (A) more than 15 milligrams of ephedrine or its |
salts, optical isomers, or salts of optical isomers or
(B) more |
than 15 milligrams of pseudoephedrine or its salts, optical |
isomers, or salts of optical isomers.
"Targeted |
methamphetamine precursor
methamphetamine manufacturing |
chemical " does not include any medication in the form of a |
liquid, liquid cap, gel cap, or other similar substance, or any |
medication dispensed by a licensed pharmacist pursuant to a |
valid prescription. |
"Package" means an item packaged and marked for retail sale |
that is not designed to be further broken down or subdivided |
for the purpose of retail sale.
|
"Targeted package" means a package containing any amount of |
a targeted methamphetamine precursor
methamphetamine |
manufacturing chemical . |
"Single active ingredient targeted methamphetamine |
precursor
methamphetamine manufacturing chemical " means a |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical whose sole active ingredient is |
ephedrine or its salts, optical isomers, or salts of optical |
isomers; or pseudoephedrine or its salts, optical isomers, or |
salts of optical isomers.
|
"Single active ingredient targeted package" means a |
package containing any amount of single active ingredient |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical .
|
"Multiple active ingredient targeted methamphetamine |
|
precursor
methamphetamine manufacturing chemical " means a |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical that contains at least one active |
ingredient other than ephedrine or its salts, optical isomers, |
or salts of optical isomers; or pseudoephedrine or its salts, |
optical isomers, or salts of optical isomers. |
"Multiple active ingredient targeted package" means a |
package containing any amount of multiple active ingredient |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical . |
"Stock keeping unit" or "SKU" means the primary or basic |
unit of measure assigned to an item sold by a retail |
distributor and the smallest unit of an item that may be |
dispensed from a retail distributor's inventory. |
"Targeted stock keeping unit" means a stock keeping unit |
assigned to a targeted package.
|
"Blister pack" means a unit dose package commonly |
constructed from a formed cavity containing one or more |
individual doses.
|
"Capsule" means a solid dosage form in which a medicinal |
substance is enclosed and consisting of either a hard or soft |
soluble outer shell.
|
"Customer" means a person who buys goods from a retail |
distributor.
|
"Distribute" means to sell, give, provide or otherwise |
transfer.
|
"Dosage unit" means an exact amount of a drug's treatment |
pre-packaged by the manufacturer or pharmacist in standardized |
amounts.
|
"Sales employee" means any employee who at any time (a) |
operates a cash register at which targeted packages may be |
sold, (b) works at or behind a pharmacy counter, (c) stocks |
shelves containing targeted packages, or (d) trains or |
supervises other employees who engage in any of the preceding |
activities. |
"Tablet" means a solid dosage form of varying weight, size, |
|
and shape that may be molded or compressed and that contains a |
medicinal substance in pure or diluted form. |
"Single retail transaction" means a sale by a retail |
distributor to a specific customer at a specific time.
|
"Retail distributor" means a grocery store, general |
merchandise store, drug store, other merchandise store, or |
other entity or person whose activities as a distributor |
relating to drug products containing targeted methamphetamine |
precursor
methamphetamine manufacturing chemicals are limited |
exclusively or almost exclusively to sales for personal use, |
both in number of sales and volume of sales, either directly to |
walk-in customers or in face-to-face transactions by direct |
sales.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/15)
|
Sec. 15. Package sale restrictions. |
(a) Any targeted methamphetamine precursor
methamphetamine |
manufacturing chemical displayed or distributed by any retail |
distributor in Illinois shall be packaged in blister packs, |
with each blister containing not more than 2 dosage units, or |
when the use of blister packs is technically infeasible, in |
unit dose packets or pouches.
|
(b) Any targeted package displayed or distributed by any |
retail distributor in Illinois shall contain no more than 3 |
grams of ephedrine or its salts, optical isomers, or salts of |
optical isomers; or pseudoephedrine or its salts, optical |
isomers, or salts of optical isomers.
|
(c) A retail distributor may not distribute more than 2 |
targeted packages in a single retail transaction.
|
(d) A retail distributor may not permit the purchase of any |
targeted package by means of a self-service checkout station,
|
unless the self-service checkout station is programmed in a |
manner that satisfies all of the following conditions for each |
retail transaction:
|
(1) When a particular customer seeks to purchase a |
|
single targeted package, the self-service checkout station |
may allow him or her to do so without any special prompts |
or actions.
|
(2) If the customer seeks to purchase a second targeted |
package, the self-service checkout station shall not allow |
him or her to purchase the second targeted package without |
the assistance of a sales employee. If the customer then |
seeks the assistance of a sales employee, the sales |
employee may instruct the self-service checkout station to |
allow the sale of the second targeted package.
|
(3) If the customer seeks to purchase a third targeted |
package, neither the self-service checkout station nor the |
store employee shall allow him or her to do so.
|
(e) A retail distributor, its employees, or its agents may |
not distribute any targeted package or packages with knowledge |
that they will be used to manufacture methamphetamine or with |
reckless disregard of the likely use of such package or |
packages to manufacture methamphetamine.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/30)
|
Sec. 30. Training and certification. |
(a) Every retail distributor of any targeted |
methamphetamine precursor
methamphetamine manufacturing |
chemical shall train each sales employee on the topics listed |
on the certification form described in subsection (b) of this |
Section. This training may be conducted by a live trainer or by |
means of a computer-based training program. This training shall |
be completed by the effective date of this Act or within 30 |
days of the date that each sales employee begins working for |
the retail distributor, whichever of these 2 dates comes later. |
(b) Immediately after training each sales employee as |
required in subsection (a) of this Section, every retail |
distributor of any targeted methamphetamine precursor
|
methamphetamine manufacturing chemical shall have each sales |
employee read, sign, and date a certification form containing |
|
the following language:
|
(1)
My name is (insert name of employee) and I am an |
employee of (insert name of business) at (insert street |
address).
|
(2) I understand that in Illinois there are laws |
governing the sale of certain over-the-counter medications |
that contain a chemical called ephedrine or a second |
chemical called pseudoephedrine. Medications that are |
subject to these laws are called "targeted medications" and |
they are sold in "targeted packages". |
(3) I understand that "targeted medications" can be |
used to manufacture the illegal and dangerous drug |
methamphetamine and that methamphetamine is causing great |
harm to individuals, families, communities, the economy, |
and the environment throughout Illinois. |
(4) I understand that under Illinois law, the store |
where I work is not allowed to sell more than 2 "targeted |
packages" in a single retail transaction. That means the |
store cannot sell more than 2 "targeted packages" to a |
single customer at one time.
|
(5) I understand that under Illinois law, the store |
where I work cannot allow customers to buy "targeted |
packages" at self-service check-out lanes, except under |
certain conditions which have been described to me. |
(6) I understand that under Illinois law, I cannot sell |
"targeted medications" to a person if I know that the |
person is going to use them to make methamphetamine. |
(7) I understand that there are a number of ingredients |
that are used to make the illegal drug methamphetamine, |
including "targeted medications" sold in "targeted |
packages". My employer has shown me a list of these various |
ingredients, and I have reviewed the list.
|
(8) I understand that there are certain procedures that |
I should follow if I suspect that a store customer is |
purchasing "targeted medications" or other products for |
the purpose of manufacturing methamphetamine. These |
|
procedures have been described to me, and I understand |
them.
|
(c) A certification form of the type described in |
subsection (b) of this Section may be signed with a handwritten |
signature or a reliable electronic signature that includes, a |
unique identifier for each employee. The certification shall be |
retained by the retail distributor for each sales employee for |
the duration of his or her employment and for at least 30 days |
following the end of his or her employment. Any such form shall |
be made available for inspection and copying by any law |
enforcement officer upon request. |
(d) The office of the Illinois Attorney General shall make |
available to retail distributors the list of methamphetamine |
ingredients referred to in subsection (b) of this Section.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/45)
|
Sec. 45. Immunity from civil liability. In the event that |
any agent or employee of a retail distributor reports to any |
law-enforcement agency any suspicious activity concerning a |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical or other methamphetamine ingredient or |
ingredients, the agent or employee and the retail distributor |
itself are immune from civil liability based on allegations of |
defamation, libel, slander, false arrest, or malicious |
prosecution, or similar allegations, except in cases of willful |
or wanton misconduct.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/50)
|
Sec. 50. Special exclusion. If the United States Drug |
Enforcement Administration has formally certified that a |
targeted methamphetamine precursor
methamphetamine |
manufacturing chemical has been produced in a manner that |
prevents its use for the manufacture of methamphetamine, this |
Act does not apply to the sale of the targeted methamphetamine |
|
precursor
methamphetamine manufacturing chemical produced in |
that manner.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
(720 ILCS 647/60)
|
Sec. 60. Preemption and home rule powers. |
(a) Except as provided in subsection (b) of this Section, a |
county or municipality, including a home rule unit, may |
regulate the sale of targeted methamphetamine precursor
|
methamphetamine manufacturing chemicals and targeted packages |
in a manner that is not more or less restrictive than the |
regulation by the State under this Act. This Section is a |
limitation under subsection (i) of Section 6 of Article VII of |
the Illinois Constitution on the concurrent exercise by home |
rule units of the powers and functions exercised by the State. |
(b) Any regulation of the sale of targeted methamphetamine |
precursor
methamphetamine manufacturing chemicals and targeted |
packages by a home rule unit that took effect on or before May |
1, 2004, is exempt from the provisions of subsection (a) of |
this Section.
|
(Source: P.A. 93-1008, eff. 1-1-05.) |
Section 1080. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 108B-3, 110-5, 110-6, 110-6.1, |
110-7, 110-10, 115-10.5, and 115-15 as follows:
|
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
|
Sec. 108B-3. Authorization for the interception of private
|
communication.
|
(a) The State's Attorney, or a person
designated in writing |
or
by law to act for him and to perform his duties during his |
absence or
disability, may authorize, in writing, an ex parte |
application to the chief
judge of a court of competent |
jurisdiction for an order authorizing the
interception of a |
private oral communication when no
party has consented to
the |
interception and (i) the interception may provide evidence of, |
|
or may
assist in the apprehension of a person who has |
committed, is committing or
is about to commit, a violation of |
Section 8-1.1 (solicitation of murder),
8-1.2 (solicitation of |
murder for hire), 9-1 (first degree murder), or 29B-1
(money |
laundering) of the Criminal Code of 1961,
Section 401, 401.1 |
(controlled substance
trafficking), 405, 405.1 (criminal drug |
conspiracy) or 407 of the Illinois
Controlled Substances Act or |
any Section of the Methamphetamine Control and Community |
Protection Act , a violation of Section 24-2.1, 24-2.2,
24-3,
|
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), |
24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of |
the Criminal Code of 1961
or conspiracy to commit money |
laundering or
conspiracy to commit first degree murder; (ii)
in |
response to a clear and present danger of imminent death or |
great bodily
harm to persons resulting from: (1) a kidnapping |
or the holding of a
hostage by force or the threat of the |
imminent use of force; or (2) the
occupation by force or the |
threat of the imminent use of force of any
premises, place, |
vehicle, vessel or aircraft; (iii) to aid an investigation
or |
prosecution of a civil action brought under the Illinois |
Streetgang
Terrorism Omnibus Prevention Act when there is |
probable cause to
believe the
interception of the private oral |
communication will
provide evidence that a
streetgang is |
committing, has committed, or will commit a second or |
subsequent
gang-related offense or that the interception of the |
private oral
communication
will aid in the collection of a |
judgment entered under that Act; or (iv)
upon
information and |
belief that a streetgang has committed, is committing, or is
|
about to commit a felony.
|
(b) The State's Attorney or a person designated in writing |
or by law to
act for the State's Attorney and to perform his or |
her duties during his or her
absence or disability, may |
authorize, in writing, an ex parte application to
the chief |
judge of a circuit court for an order authorizing
the |
interception of a private communication when no
party has |
consented to the interception and the interception may provide
|
|
evidence of, or may assist in the apprehension of a person who |
has committed,
is committing or is about to commit, a violation |
of an offense under Article
29D of the Criminal Code of 1961.
|
(b-1) Subsection (b) is inoperative on and after January 1, |
2005.
|
(b-2) No conversations recorded or monitored pursuant to |
subsection (b)
shall be made inadmissable in a court of law by |
virtue of subsection (b-1).
|
(c) As used in this Section, "streetgang" and |
"gang-related" have the
meanings ascribed to them in Section 10 |
of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
|
(Source: P.A. 92-854, eff. 12-5-02.)
|
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
|
Sec. 110-5. Determining the amount of bail and conditions |
of release.
|
(a) In determining the amount of monetary bail or |
conditions of release, if
any,
which will reasonably assure the |
appearance of a defendant as required or
the safety of any |
other person or the community and the likelihood of
compliance |
by the
defendant with all the conditions of bail, the court |
shall, on the
basis of available information, take into account |
such matters as the
nature and circumstances of the offense |
charged, whether the evidence
shows that as part of the offense |
there was a use of violence or threatened
use of violence, |
whether the offense involved corruption of public
officials or |
employees, whether there was physical harm or threats of |
physical
harm to any
public official, public employee, judge, |
prosecutor, juror or witness,
senior citizen, child or |
handicapped person, whether evidence shows that
during the |
offense or during the arrest the defendant possessed or used a
|
firearm, machine gun, explosive or metal piercing ammunition or |
explosive
bomb device or any military or paramilitary armament,
|
whether the evidence
shows that the offense committed was |
related to or in furtherance of the
criminal activities of an |
organized gang or was motivated by the defendant's
membership |
|
in or allegiance to an organized gang,
the condition of the
|
victim, any written statement submitted by the victim or |
proffer or
representation by the State regarding the
impact |
which the alleged criminal conduct has had on the victim and |
the
victim's concern, if any, with further contact with the |
defendant if
released on bail, whether the offense was based on |
racial, religious,
sexual orientation or ethnic hatred,
the |
likelihood of the filing of a greater charge, the likelihood of
|
conviction, the sentence applicable upon conviction, the |
weight of the evidence
against such defendant, whether there |
exists motivation or ability to
flee, whether there is any |
verification as to prior residence, education,
or family ties |
in the local jurisdiction, in another county,
state or foreign |
country, the defendant's employment, financial resources,
|
character and mental condition, past conduct, prior use of |
alias names or
dates of birth, and length of residence in the |
community,
the consent of the defendant to periodic drug |
testing in accordance with
Section 110-6.5,
whether a foreign |
national defendant is lawfully admitted in the United
States of |
America, whether the government of the foreign national
|
maintains an extradition treaty with the United States by which |
the foreign
government will extradite to the United States its |
national for a trial for
a crime allegedly committed in the |
United States, whether the defendant is
currently subject to |
deportation or exclusion under the immigration laws of
the |
United States, whether the defendant, although a United States |
citizen,
is considered under the law of any foreign state a |
national of that state
for the purposes of extradition or |
non-extradition to the United States,
the amount of unrecovered |
proceeds lost as a result of
the alleged offense, the
source of |
bail funds tendered or sought to be tendered for bail,
whether |
from the totality of the court's consideration,
the loss of |
funds posted or sought to be posted for bail will not deter the
|
defendant from flight, whether the evidence shows that the |
defendant is
engaged in significant
possession, manufacture, |
or delivery of a controlled substance or cannabis,
either |
|
individually or in consort with others,
whether at the time of |
the offense
charged he was on bond or pre-trial release pending |
trial, probation,
periodic imprisonment or conditional |
discharge pursuant to this Code or the
comparable Code of any |
other state or federal jurisdiction, whether the
defendant is |
on bond or
pre-trial release pending the imposition or |
execution of sentence or appeal of
sentence for any offense |
under the laws of Illinois or any other state or
federal |
jurisdiction, whether the defendant is under parole or |
mandatory
supervised release or
work release from the Illinois |
Department of Corrections or any penal
institution or |
corrections department of any state or federal
jurisdiction, |
the defendant's record of convictions, whether the defendant |
has been
convicted of a misdemeanor or ordinance offense in |
Illinois or similar
offense in other state or federal |
jurisdiction within the 10 years
preceding the current charge |
or convicted of a felony in Illinois, whether
the defendant was |
convicted of an offense in another state or federal
|
jurisdiction that would
be a felony if committed in Illinois |
within the 20 years preceding the
current charge or has been |
convicted of such felony and released from the
penitentiary |
within 20 years preceding the current charge if a
penitentiary |
sentence was imposed in Illinois or other state or federal
|
jurisdiction, the defendant's records of juvenile adjudication |
of delinquency in any
jurisdiction, any record of appearance or |
failure to appear by
the defendant at
court proceedings, |
whether there was flight to avoid arrest or
prosecution, |
whether the defendant escaped or
attempted to escape to avoid |
arrest, whether the defendant refused to
identify himself, or |
whether there was a refusal by the defendant to be
|
fingerprinted as required by law. Information used by the court |
in its
findings or stated in or
offered in connection with this |
Section may be by way of proffer based upon
reliable |
information offered by the State or defendant.
All evidence |
shall be admissible if it is relevant and
reliable regardless |
of whether it would be admissible under the rules of
evidence |
|
applicable at criminal trials.
If the State presents evidence |
that the offense committed by the defendant
was related to or |
in furtherance of the criminal activities of an organized
gang |
or was motivated by the defendant's membership in or allegiance |
to an
organized gang, and if the court determines that the |
evidence may be
substantiated, the court shall prohibit the |
defendant from associating with
other members of the organized |
gang as a condition of bail or release.
For the purposes of |
this Section,
"organized gang" has the meaning ascribed to it |
in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
Prevention Act.
|
(b) The amount of bail shall be:
|
(1) Sufficient to assure compliance with the |
conditions set forth in the
bail bond, which shall include |
the defendant's current address with a written
|
admonishment to the defendant that he or she must comply |
with the provisions of
Section 110-12 regarding any change |
in his or her address. The defendant's
address shall at all |
times remain a matter of public record with the clerk
of |
the court.
|
(2) Not oppressive.
|
(3) Considerate of the financial ability of the |
accused.
|
(4) When a person is charged with a drug related |
offense involving
possession or delivery of cannabis or |
possession or delivery of a
controlled substance as defined |
in the Cannabis Control Act, as amended, or
the Illinois |
Controlled Substances Act, or the Methamphetamine Control |
and Community Protection Act
as amended , the full street |
value
of the drugs seized shall be considered. "Street |
value" shall be
determined by the court on the basis of a |
proffer by the State based upon
reliable information of a |
law enforcement official contained in a written
report as |
to the amount seized and such proffer may be used by the |
court as
to the current street value of the smallest unit |
of the drug seized.
|
|
(b-5) Upon the filing of a written request demonstrating |
reasonable cause, the State's Attorney may request a source of |
bail hearing either before or after the posting of any funds.
|
If the hearing is granted, before the posting of any bail, the |
accused must file a written notice requesting that the court |
conduct a source of bail hearing. The notice must be |
accompanied by justifying affidavits stating the legitimate |
and lawful source of funds for bail. At the hearing, the court |
shall inquire into any matters stated in any justifying |
affidavits, and may also inquire into matters appropriate to |
the determination which shall include, but are not limited to, |
the following: |
(1) the background, character, reputation, and |
relationship to the accused of any surety; and |
(2) the source of any money or property deposited by |
any surety, and whether any such money or property |
constitutes the fruits of criminal or unlawful conduct; and |
(3) the source of any money posted as cash bail, and |
whether any such money constitutes the fruits of criminal |
or unlawful conduct; and |
(4) the background, character, reputation, and |
relationship to the accused of the person posting cash |
bail. |
Upon setting the hearing, the court shall examine, under |
oath, any persons who may possess material information. |
The State's Attorney has a right to attend the hearing, to |
call witnesses and to examine any witness in the proceeding. |
The court shall, upon request of the State's Attorney, continue |
the proceedings for a reasonable period to allow the State's |
Attorney to investigate the matter raised in any testimony or |
affidavit.
If the hearing is granted after the accused has |
posted bail, the court shall conduct a hearing consistent with |
this subsection (b-5). At the conclusion of the hearing, the |
court must issue an order either approving of disapproving the |
bail.
|
(c) When a person is charged with an offense punishable by |
|
fine only the
amount of the bail shall not exceed double the |
amount of the maximum penalty.
|
(d) When a person has been convicted of an offense and only |
a fine has
been imposed the amount of the bail shall not exceed |
double the amount of
the fine.
|
(e) The State may appeal any order granting bail or setting
|
a given amount for bail.
|
(Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04.)
|
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
|
Sec. 110-6. (a) Upon verified application by
the State or |
the defendant or on its own motion the court before which the
|
proceeding is
pending may increase or reduce the amount of bail |
or may alter the
conditions of the bail bond or grant bail |
where it has been previously
revoked or denied.
If bail has |
been previously revoked pursuant to subsection (f) of this
|
Section or if bail has been denied to the defendant pursuant to |
subsection
(e) of Section 110-6.1 or subsection (e) of Section |
110-6.3, the defendant
shall
be required to present a
verified |
application setting forth in detail any new facts not known or
|
obtainable at the time of the previous revocation or denial of |
bail
proceedings. If the court grants bail where it has been |
previously revoked
or denied, the court shall state on the |
record of the proceedings the
findings of facts and conclusion |
of law upon which such order is based.
|
(b) Violation of the conditions of Section
110-10 of this |
Code or any special conditions of bail as ordered by the
court |
shall constitute grounds for the court to increase
the amount |
of bail, or otherwise alter the conditions of bail, or, where
|
the alleged offense committed on bail is a forcible felony in |
Illinois or
a Class 2 or greater offense under the Illinois
|
Controlled Substances Act , the
or
Cannabis Control Act , or the |
Methamphetamine Control and Community Protection Act , revoke |
bail
pursuant to the appropriate provisions of subsection (e) |
of this
Section.
|
(c) Reasonable notice of such application by the defendant |
|
shall be
given to the State.
|
(d) Reasonable notice of such application by the State |
shall be
given to the defendant, except as provided in |
subsection (e).
|
(e) Upon verified application by the State stating facts or
|
circumstances constituting a violation or a threatened
|
violation of any of the
conditions of the bail bond the court |
may issue a warrant commanding any
peace officer to bring the |
defendant without unnecessary delay before
the court for a |
hearing on the matters set forth in the application. If
the |
actual court before which the proceeding is pending is absent |
or
otherwise unavailable another court may issue a warrant |
pursuant to this
Section. When the defendant is charged with a |
felony offense and while
free on bail is charged with a |
subsequent felony offense and is the subject
of a proceeding |
set forth in Section 109-1 or 109-3 of this Code, upon the
|
filing of a verified petition by the State alleging a violation |
of Section
110-10 (a) (4) of this Code, the court shall without |
prior notice to the
defendant, grant leave to file such |
application and shall order the
transfer of the defendant and |
the application without unnecessary delay to
the court before |
which the previous felony matter is pending for a hearing
as |
provided in subsection (b) or this subsection of this Section. |
The
defendant shall be held
without bond pending transfer to |
and a hearing before such court. At
the conclusion of the |
hearing based on a violation of the conditions of
Section |
110-10 of this Code or any special conditions of bail as |
ordered by
the court the court may enter an order
increasing |
the amount of bail or alter the conditions of bail as deemed
|
appropriate.
|
(f) Where the alleged violation consists of the violation |
of
one or more felony statutes of any jurisdiction which would |
be a
forcible felony in Illinois or a Class 2 or greater |
offense under the
Illinois Controlled Substances Act , the
or
|
Cannabis Control Act , or the Methamphetamine Control and |
Community Protection Act and the
defendant is on bail for the |
|
alleged
commission of a felony, or where the defendant is on |
bail for a felony
domestic battery (enhanced pursuant to |
subsection (b) of Section 12-3.2 of the
Criminal Code of 1961), |
aggravated
domestic battery, aggravated battery, unlawful |
restraint, aggravated unlawful
restraint or domestic battery |
in violation
of item (1) of subsection (a) of Section 12-3.2 of |
the Criminal Code of 1961
against a
family or household member |
as defined in Section 112A-3 of this Code and the
violation is |
an offense of domestic battery against
the same victim the |
court shall, on the motion of the State
or its own motion, |
revoke bail
in accordance with the following provisions:
|
(1) The court shall hold the defendant without bail |
pending
the hearing on the alleged breach; however, if the |
defendant
is not admitted to bail the
hearing shall be |
commenced within 10 days from the date the defendant is
|
taken into custody or the defendant may not be held any |
longer without
bail, unless delay is occasioned by the |
defendant. Where defendant
occasions the delay, the |
running of the 10 day period is temporarily
suspended and |
resumes at the termination of the period of delay. Where
|
defendant occasions the delay with 5 or fewer days |
remaining in the 10
day period, the court may grant a |
period of up to 5 additional days to
the State for good |
cause shown. The State, however, shall retain the
right to |
proceed to hearing on the alleged violation at any time, |
upon
reasonable notice to the defendant and the court.
|
(2) At a hearing on the alleged violation the State has |
the burden
of going forward and proving the violation by |
clear and convincing
evidence. The evidence shall be |
presented in open court with the
opportunity to testify, to |
present witnesses in his behalf, and to
cross-examine |
witnesses if any are called by the State, and |
representation
by counsel and
if the defendant is indigent |
to have counsel appointed for him. The
rules of evidence |
applicable in criminal trials in this State shall not
|
govern the admissibility of evidence at such hearing.
|
|
Information used by the court in its findings or stated in |
or offered in
connection with hearings for increase or |
revocation of bail may be by way
of proffer based upon |
reliable information offered by the State or
defendant. All |
evidence shall be admissible if it is relevant and reliable
|
regardless of whether it would be admissible under the |
rules of evidence
applicable at criminal trials. A motion |
by the defendant to suppress
evidence or to suppress a |
confession shall not be entertained at such a
hearing. |
Evidence that proof may have been obtained as a result of |
an
unlawful search and seizure or through improper |
interrogation is not
relevant to this hearing.
|
(3) Upon a finding by the court that the State has |
established by
clear and convincing evidence that the |
defendant has committed a
forcible felony or a Class 2 or |
greater offense under the Illinois Controlled
Substances |
Act , the
or Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act while admitted to |
bail, or where the
defendant is on bail for a felony |
domestic battery (enhanced pursuant to
subsection (b) of |
Section 12-3.2 of the Criminal Code of 1961), aggravated
|
domestic battery, aggravated battery, unlawful
restraint, |
aggravated unlawful restraint or domestic battery in |
violation of
item (1) of subsection (a) of Section 12-3.2 |
of the Criminal Code of 1961
against
a family or household |
member as defined in
Section 112A-3 of this Code and the |
violation is an offense of domestic
battery, against the |
same victim, the court
shall revoke the bail of
the |
defendant and hold the defendant for trial without bail. |
Neither the
finding of the court nor any transcript or |
other record of the hearing
shall be admissible in the |
State's case in chief, but shall be admissible
for |
impeachment, or as provided in Section 115-10.1 of this |
Code or in a
perjury proceeding.
|
(4) If the bail of any defendant is revoked pursuant to |
paragraph
(f) (3) of this Section, the defendant may demand |
|
and shall be entitled
to be brought to trial on the offense |
with respect to which he was
formerly released on bail |
within 90 days after the date on which his
bail was |
revoked. If the defendant is not brought to trial within |
the
90 day period required by the preceding sentence, he |
shall not be held
longer without bail. In computing the 90 |
day period, the court shall
omit any period of delay |
resulting from a continuance granted at the
request of the |
defendant.
|
(5) If the defendant either is arrested on a warrant |
issued pursuant
to this Code or is arrested for an |
unrelated offense and it is subsequently
discovered that |
the defendant is a subject of another warrant or warrants
|
issued pursuant to this Code, the defendant shall be |
transferred promptly
to the court which issued such |
warrant. If, however, the defendant appears
initially |
before a court other than the court which issued such |
warrant,
the non-issuing court shall not alter the amount |
of bail heretofore set on
such warrant unless the court |
sets forth on the record of proceedings the
conclusions of |
law and facts which are the basis for such altering of
|
another court's bond. The non-issuing court shall not alter |
another courts
bail set on a warrant unless the interests |
of justice and public safety are
served by such action.
|
(g) The State may appeal any order where the court has |
increased or reduced
the amount of bail or altered the |
conditions of the bail bond or granted
bail where it has |
previously been revoked.
|
(Source: P.A. 93-417, eff. 8-5-03.)
|
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
|
Sec. 110-6.1. Denial of bail in non-probationable felony |
offenses.
|
(a) Upon verified petition by the State, the court shall |
hold a hearing to
determine whether bail should be denied to a |
defendant who is charged with
a felony offense for which a |
|
sentence of imprisonment, without probation,
periodic |
imprisonment or conditional discharge, is required by law upon
|
conviction, when it is alleged that the defendant's admission |
to bail poses
a real and present threat to the physical safety |
of any person or persons.
|
(1) A petition may be filed without prior notice to the |
defendant at the
first appearance before a judge, or within |
the 21 calendar days, except as
provided in Section 110-6, |
after arrest and release of the defendant upon
reasonable |
notice to defendant; provided that while such petition is
|
pending before the court, the defendant if previously |
released shall not be
detained.
|
(2) The hearing shall be held immediately upon the |
defendant's appearance
before the court, unless for good |
cause shown the defendant or the State
seeks a continuance. |
A continuance on motion of the
defendant may not exceed 5 |
calendar days, and a continuance on the motion
of the State |
may not exceed 3 calendar days. The defendant may be held |
in
custody during such continuance.
|
(b) The court may deny bail to the defendant where, after |
the hearing, it
is determined that:
|
(1) the proof is evident or the presumption great that |
the defendant has
committed an offense for which a sentence |
of imprisonment, without
probation, periodic imprisonment |
or conditional discharge, must be imposed
by law as a |
consequence of conviction, and
|
(2) the defendant poses a real and present threat to |
the physical safety
of any person or persons, by conduct |
which may include, but is not limited
to, a forcible |
felony, the obstruction of justice,
intimidation, injury, |
physical harm, or an offense under the Illinois
Controlled |
Substances Act which is a Class X felony, or an offense |
under the Methamphetamine Control and Community Protection |
Act which is a Class X felony, and
|
(3) the court finds that no condition or combination of |
conditions set
forth in subsection (b) of Section 110-10 of |
|
this Article,
can reasonably assure the physical safety of |
any other person or persons.
|
(c) Conduct of the hearings.
|
(1) The hearing on the defendant's culpability and |
dangerousness shall be
conducted in accordance with the |
following provisions:
|
(A) Information used by the court in its findings |
or stated in or
offered at such hearing may be by way |
of proffer based upon reliable
information offered by |
the State or by defendant. Defendant has the right to
|
be represented by counsel, and if he is indigent, to |
have counsel appointed
for him. Defendant shall have |
the opportunity to testify, to present
witnesses in his |
own behalf, and to cross-examine witnesses if any are
|
called by the State. The defendant has the right to |
present witnesses in
his favor. When the ends of |
justice so require, the court may exercises
its |
discretion and compel the appearance of a complaining
|
witness. The court shall state on the record reasons |
for granting a
defense request to compel the presence |
of a complaining witness.
Cross-examination of a |
complaining witness at the pretrial detention hearing
|
for the purpose of impeaching the witness' credibility |
is insufficient reason
to compel the presence of the |
witness. In deciding whether to compel the
appearance |
of a complaining witness, the court shall be |
considerate of the
emotional and physical well-being |
of the witness. The pre-trial detention
hearing is not |
to be used for purposes of discovery, and the post
|
arraignment rules of discovery do not apply. The State |
shall tender to the
defendant, prior to the hearing, |
copies of defendant's criminal history, if
any, if |
available, and any written or recorded statements and |
the substance
of any oral statements made by any |
person, if relied upon by the State in
its petition. |
The rules concerning the admissibility of evidence in
|
|
criminal trials do not apply to the presentation and |
consideration of
information at the hearing. At the |
trial concerning the offense for which
the hearing was |
conducted neither the finding of the court nor any
|
transcript or other record of the hearing shall be |
admissible in the
State's case in chief, but shall be |
admissible for impeachment, or as
provided in Section |
115-10.1 of this Code, or in a perjury proceeding.
|
(B) A motion by the defendant to suppress evidence |
or to suppress a
confession shall not be entertained. |
Evidence that proof may have been
obtained as the |
result of an unlawful search and seizure or through
|
improper interrogation is not relevant to this state of |
the prosecution.
|
(2) The facts relied upon by the court to support a |
finding that the
defendant poses a real and present threat |
to the physical safety of any
person or persons shall be |
supported by clear and convincing evidence
presented by the |
State.
|
(d) Factors to be considered in making a determination of |
dangerousness.
The court may, in determining whether the |
defendant poses a real and
present threat to the physical |
safety of any person or persons, consider but
shall not be |
limited to evidence or testimony concerning:
|
(1) The nature and circumstances of any offense |
charged, including
whether the offense is a crime of |
violence, involving a weapon.
|
(2) The history and characteristics of the defendant |
including:
|
(A) Any evidence of the defendant's prior criminal |
history indicative of
violent, abusive or assaultive |
behavior, or lack of such behavior. Such
evidence may |
include testimony or documents received in juvenile
|
proceedings, criminal, quasi-criminal, civil |
commitment, domestic relations
or other proceedings.
|
(B) Any evidence of the defendant's psychological, |
|
psychiatric or other
similar social history which |
tends to indicate a violent, abusive, or
assaultive |
nature, or lack of any such history.
|
(3) The identity of any person or persons to whose |
safety the defendant
is believed to pose a threat, and the |
nature of the threat;
|
(4) Any statements made by, or attributed to the |
defendant, together with
the circumstances surrounding |
them;
|
(5) The age and physical condition of any person |
assaulted
by the defendant;
|
(6) Whether the defendant is known to possess or have |
access to any
weapon or weapons;
|
(7) Whether, at the time of the current offense or any |
other offense or
arrest, the defendant was on probation, |
parole, mandatory supervised
release or other release from |
custody pending trial, sentencing, appeal or
completion of |
sentence for an offense under federal or state law;
|
(8) Any other factors, including those listed in |
Section 110-5 of this
Article deemed by the court to have a |
reasonable bearing upon the
defendant's propensity or |
reputation for violent, abusive or assaultive
behavior, or |
lack of such behavior.
|
(e) Detention order. The court shall, in any order for |
detention:
|
(1) briefly summarize the evidence of the defendant's |
culpability and its
reasons for concluding that the |
defendant should be held without bail;
|
(2) direct that the defendant be committed to the |
custody of the sheriff
for confinement in the county jail |
pending trial;
|
(3) direct that the defendant be given a reasonable |
opportunity for
private consultation with counsel, and for |
communication with others of his
choice by visitation, mail |
and telephone; and
|
(4) direct that the sheriff deliver the defendant as |
|
required for
appearances in connection with court |
proceedings.
|
(f) If the court enters an order for the detention of the |
defendant
pursuant to subsection (e) of this Section, the |
defendant
shall be brought to trial on the offense for which he |
is
detained within 90 days after the date on which the order |
for detention was
entered. If the defendant is not brought to |
trial within the 90 day period
required by the preceding |
sentence, he shall not be held longer without
bail. In |
computing the 90 day period, the court shall omit any period of
|
delay resulting from a continuance granted at the request of |
the defendant.
|
(g) Rights of the defendant. Any person shall be entitled |
to appeal any
order entered under this Section denying bail to |
the defendant.
|
(h) The State may appeal any order entered under this |
Section denying any
motion for denial of bail.
|
(i) Nothing in this Section shall be construed as modifying |
or limiting
in any way the defendant's presumption of innocence |
in further criminal
proceedings.
|
(Source: P.A. 85-1209 .)
|
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
|
Sec. 110-7. Deposit of Bail Security.
|
(a) The person for whom bail has been set shall execute the |
bail bond and
deposit with the clerk of the court before which |
the proceeding is pending a
sum of money equal to 10% of the |
bail, but in no event shall such deposit be
less than $25. The |
clerk of the court shall provide a space on each form for a
|
person other than the accused who has provided the money for |
the posting of
bail to so indicate and a space signed by an
|
accused who has executed the bail bond indicating whether a |
person other
than the accused has provided the money for the |
posting of bail. The form
shall also include a written notice |
to such person who has provided
the defendant with the money |
for the posting of bail indicating that the bail
may be used to |
|
pay costs, attorney's fees, fines, or other purposes authorized
|
by the court and if the
defendant fails to comply with the |
conditions of the bail bond, the court
shall enter an order |
declaring the bail to be forfeited. The written notice
must be: |
(1) distinguishable from the surrounding text; (2) in bold type |
or
underscored; and (3) in a type size at least 2 points larger |
than the
surrounding type. When a person for whom
bail has been |
set is charged with an offense under the " Illinois Controlled
|
Substances Act or the Methamphetamine Control and Community |
Protection Act " which is a Class X felony, the court may |
require the
defendant to deposit a sum equal to 100% of the |
bail.
Where any person is charged with a forcible felony while |
free on bail and
is the subject of proceedings under Section |
109-3 of this Code the judge
conducting the preliminary |
examination may also conduct a hearing upon the
application of |
the State pursuant to the provisions of Section 110-6 of this
|
Code to increase or revoke the bail for that person's prior |
alleged offense.
|
(b) Upon depositing this sum and any bond fee authorized by |
law, the person
shall be released
from custody subject to the |
conditions of the bail bond.
|
(c) Once bail has been given and a charge is pending or
is |
thereafter filed in or transferred to a court of competent
|
jurisdiction the latter court shall continue the original bail
|
in that court subject to the provisions of Section 110-6 of |
this Code.
|
(d) After conviction the court may order that the original
|
bail stand as bail pending appeal or deny, increase or reduce |
bail
subject to the provisions of Section 110-6.2.
|
(e) After the entry of an order by the trial court allowing
|
or denying bail pending appeal either party may apply to the
|
reviewing court having jurisdiction or to a justice thereof
|
sitting in vacation for an order increasing or decreasing the
|
amount of bail or allowing or denying bail pending appeal |
subject to the
provisions of Section 110-6.2.
|
(f) When the conditions of the bail bond have been |
|
performed
and the accused has been discharged from all |
obligations in the
cause the clerk of the court shall return to |
the accused or to the
defendant's designee by an assignment |
executed at the time the bail amount
is deposited, unless
the |
court orders otherwise, 90% of the sum which had been
deposited |
and shall retain as bail bond costs 10% of the amount
|
deposited. However, in no event shall the amount retained by |
the
clerk as bail bond costs be less than $5. Bail bond |
deposited by or on
behalf of a defendant in one case may be |
used, in the court's discretion,
to satisfy financial |
obligations of that same defendant incurred in a
different case |
due to a fine, court costs,
restitution or fees of the |
defendant's attorney of record. In counties with
a population |
of 3,000,000 or more, the court shall
not order bail bond |
deposited by or on behalf of a defendant in one case to
be used |
to satisfy financial obligations of that same defendant in a
|
different case until the bail bond is first used to satisfy |
court costs and
attorney's fees in
the case in which the bail |
bond has been deposited and any other unpaid child
support |
obligations are satisfied. In counties with a population of |
less than 3,000,000, the court shall
not order bail bond |
deposited by or on behalf of a defendant in one case to
be used |
to satisfy financial obligations of that same defendant in a
|
different case until the bail bond is first used to satisfy |
court costs
in
the case in which the bail bond has been |
deposited.
|
At the request of the defendant the court may order such |
90% of
defendant's bail deposit, or whatever amount is |
repayable to defendant
from such deposit, to be paid to |
defendant's attorney of record.
|
(g) If the accused does not comply with the conditions of
|
the bail bond the court having jurisdiction shall enter an
|
order declaring the bail to be forfeited. Notice of such order
|
of forfeiture shall be mailed forthwith to the accused at his
|
last known address. If the accused does not appear and |
surrender
to the court having jurisdiction within 30 days from |
|
the date of
the forfeiture or within such period satisfy the |
court
that appearance and surrender by the accused is |
impossible
and without his fault the court shall enter judgment |
for the State if the
charge for which the bond was given was a |
felony
or misdemeanor, or if the charge was quasi-criminal or |
traffic,
judgment for the political subdivision of the State |
which
prosecuted the case, against the accused for the amount |
of
the bail and costs of the court proceedings; however,
in |
counties with a population of less than 3,000,000, instead of |
the court
entering a judgment for the full amount
of the bond |
the court may, in its discretion, enter judgment for the cash
|
deposit on the bond, less costs, retain the deposit for further |
disposition or,
if a cash bond was posted for failure to appear |
in a matter involving
enforcement of child support or |
maintenance, the amount of the cash deposit on
the bond, less |
outstanding costs, may be awarded to the person or entity to
|
whom the child support or maintenance is due. The deposit
made |
in accordance with paragraph (a) shall be applied to
the |
payment of costs. If judgment is entered and any amount of such
|
deposit remains
after the payment of costs it shall be applied |
to payment of
the judgment and transferred to the treasury of |
the municipal
corporation wherein the bond was taken if the |
offense was a
violation of any penal ordinance of a political |
subdivision
of this State, or to the treasury of the county |
wherein the
bond was taken if the offense was a violation of |
any penal
statute of this State. The balance of the judgment |
may be
enforced and collected in the same manner as a judgment |
entered
in a civil action.
|
(h) After a judgment for a fine and court costs or either |
is
entered in the prosecution of a cause in which a deposit had
|
been made in accordance with paragraph (a) the balance of such
|
deposit, after deduction of bail bond costs, shall be applied
|
to the payment of the judgment.
|
(Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04; 93-760, |
eff. 1-1-05.)
|
|
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
Sec. 110-10. Conditions of bail bond.
|
(a) If a person is released prior to conviction, either |
upon payment of
bail security or on his or her own |
recognizance, the conditions of the bail
bond shall be that he |
or she will:
|
(1) Appear to answer the charge in the court having |
jurisdiction on
a day certain and thereafter as ordered by |
the court until discharged or
final order of the court;
|
(2) Submit himself or herself to the orders and process |
of the court;
|
(3) Not depart this State without leave of the court;
|
(4) Not violate any criminal statute of any |
jurisdiction;
|
(5) At a time and place designated by the court, |
surrender all firearms
in his or her possession to a law |
enforcement officer designated by the court
to take custody |
of and impound the firearms
and physically
surrender his or |
her Firearm Owner's Identification Card to the clerk of the
|
circuit court
when the offense the person has
been charged |
with is a forcible felony, stalking, aggravated stalking, |
domestic
battery, any violation of either the Illinois |
Controlled Substances Act , the Methamphetamine Control and |
Community Protection Act, or the
Cannabis Control Act that |
is classified as a Class 2 or greater felony, or any
felony |
violation of Article 24 of the Criminal Code of 1961; the |
court
may,
however, forgo the imposition of this condition |
when the
circumstances of the
case clearly do not warrant |
it or when its imposition would be
impractical;
all legally |
possessed firearms shall be returned to the person upon |
that person
completing a sentence for a conviction on a |
misdemeanor domestic battery, upon
the charges being |
dismissed, or if the person is found not guilty, unless the
|
finding of not guilty is by reason of insanity; and
|
(6) At a time and place designated by the court, submit |
to a
psychological
evaluation when the person has been |
|
charged with a violation of item (4) of
subsection
(a) of |
Section 24-1 of the Criminal Code of 1961 and that |
violation occurred in
a school
or in any conveyance owned, |
leased, or contracted by a school to transport
students to |
or
from school or a school-related activity, or on any |
public way within 1,000
feet of real
property comprising |
any school.
|
Psychological evaluations ordered pursuant to this Section |
shall be completed
promptly
and made available to the State, |
the defendant, and the court. As a further
condition of bail |
under
these circumstances, the court shall order the defendant |
to refrain from
entering upon the
property of the school, |
including any conveyance owned, leased, or contracted
by a |
school to
transport students to or from school or a |
school-related activity, or on any public way within
1,000 feet |
of real property comprising any school. Upon receipt of the |
psychological evaluation,
either the State or the defendant may |
request a change in the conditions of bail, pursuant to
Section |
110-6 of this Code. The court may change the conditions of bail |
to include a
requirement that the defendant follow the |
recommendations of the psychological evaluation,
including |
undergoing psychiatric treatment. The conclusions of the
|
psychological evaluation and
any statements elicited from the |
defendant during its administration are not
admissible as |
evidence
of guilt during the course of any trial on the charged |
offense, unless the
defendant places his or her
mental |
competency in issue.
|
(b) The court may impose other conditions, such as the |
following, if the
court finds that such conditions are |
reasonably necessary to assure the
defendant's appearance in |
court, protect the public from the defendant, or
prevent the |
defendant's unlawful interference with the orderly |
administration
of justice:
|
(1) Report to or appear in person before such person or |
agency as the
court may direct;
|
(2) Refrain from possessing a firearm or other |
|
dangerous weapon;
|
(3) Refrain from approaching or communicating with |
particular persons or
classes of persons;
|
(4) Refrain from going to certain described |
geographical areas or
premises;
|
(5) Refrain from engaging in certain activities or |
indulging in
intoxicating liquors or in certain drugs;
|
(6) Undergo treatment for drug addiction or |
alcoholism;
|
(7) Undergo medical or psychiatric treatment;
|
(8) Work or pursue a course of study or vocational |
training;
|
(9) Attend or reside in a facility designated by the |
court;
|
(10) Support his or her dependents;
|
(11) If a minor resides with his or her parents or in a |
foster home,
attend school, attend a non-residential |
program for youths, and contribute
to his or her own |
support at home or in a foster home;
|
(12) Observe any curfew ordered by the court;
|
(13) Remain in the custody of such designated person or |
organization
agreeing to supervise his release. Such third |
party custodian shall be
responsible for notifying the |
court if the defendant fails to observe the
conditions of |
release which the custodian has agreed to monitor, and |
shall
be subject to contempt of court for failure so to |
notify the court;
|
(14) Be placed under direct supervision of the Pretrial |
Services
Agency, Probation Department or Court Services |
Department in a pretrial
bond home supervision capacity |
with or without the use of an approved
electronic |
monitoring device subject to Article 8A of Chapter V of the
|
Unified Code of Corrections;
|
(14.1) The court shall impose upon a defendant who is |
charged with any
alcohol, cannabis , methamphetamine, or |
controlled substance violation and is placed under
direct |
|
supervision of the Pretrial Services Agency, Probation |
Department or
Court Services Department in a pretrial bond |
home supervision capacity with
the use of an approved |
monitoring device, as a condition of such bail bond,
a fee |
that represents costs incidental to the electronic |
monitoring for each
day of such bail supervision ordered by |
the
court, unless after determining the inability of the |
defendant to pay the
fee, the court assesses a lesser fee |
or no fee as the case may be. The fee
shall be collected by |
the clerk of the circuit court. The clerk of the
circuit |
court shall pay all monies collected from this fee to the |
county
treasurer for deposit in the substance abuse |
services fund under Section
5-1086.1 of the Counties Code;
|
(14.2) The court shall impose upon all defendants, |
including those
defendants subject to paragraph (14.1) |
above, placed under direct supervision
of the Pretrial |
Services Agency, Probation Department or Court Services
|
Department in a pretrial bond home supervision capacity |
with the use of an
approved monitoring device, as a |
condition of such bail bond, a fee
which shall represent |
costs incidental to such
electronic monitoring for each day |
of such bail supervision ordered by the
court, unless after |
determining the inability of the defendant to pay the fee,
|
the court assesses a lesser fee or no fee as the case may |
be. The fee shall be
collected by the clerk of the circuit |
court. The clerk of the circuit court
shall pay all monies |
collected from this fee to the county treasurer who shall
|
use the monies collected to defray the costs of |
corrections. The county
treasurer shall deposit the fee |
collected in the county working cash fund under
Section |
6-27001 or Section 6-29002 of the Counties Code, as the |
case may
be;
|
(14.3) The Chief Judge of the Judicial Circuit may |
establish reasonable
fees to be paid by a person receiving |
pretrial services while under supervision
of a pretrial |
services agency, probation department, or court services
|
|
department. Reasonable fees may be charged for pretrial |
services
including, but not limited to, pretrial |
supervision, diversion programs,
electronic monitoring, |
victim impact services, drug and alcohol testing, and
|
victim mediation services. The person receiving pretrial |
services may be
ordered to pay all costs incidental to |
pretrial services in accordance with his
or her ability to |
pay those costs;
|
(14.4) For persons charged with violating Section |
11-501 of the Illinois
Vehicle Code, refrain from operating |
a motor vehicle not equipped with an
ignition interlock |
device, as defined in Section 1-129.1 of the Illinois
|
Vehicle Code,
pursuant to the rules promulgated by the |
Secretary of State for the
installation of ignition
|
interlock devices. Under this condition the court may allow |
a defendant who is
not
self-employed to operate a vehicle |
owned by the defendant's employer that is
not equipped with |
an ignition interlock device in the course and scope of the
|
defendant's employment;
|
(15) Comply with the terms and conditions of an order |
of protection
issued by the court under the Illinois |
Domestic Violence Act of 1986 or an
order of protection |
issued by the court of another state, tribe, or United
|
States territory;
|
(16) Under Section 110-6.5 comply with the conditions |
of the drug testing
program; and
|
(17) Such other reasonable conditions as the court may |
impose.
|
(c) When a person is charged with an offense under Section |
12-13, 12-14,
12-14.1,
12-15 or 12-16 of the "Criminal Code of |
1961", involving a victim who is a
minor under 18 years of age |
living in the same household with the defendant
at the time of |
the offense, in granting bail or releasing the defendant on
his |
own recognizance, the judge shall impose conditions to restrict |
the
defendant's access to the victim which may include, but are |
not limited to
conditions that he will:
|
|
1. Vacate the Household.
|
2. Make payment of temporary support to his dependents.
|
3. Refrain from contact or communication with the child |
victim, except
as ordered by the court.
|
(d) When a person is charged with a criminal offense and |
the victim is
a family or household member as defined in |
Article 112A, conditions shall
be imposed at the time of the |
defendant's release on bond that restrict the
defendant's |
access to the victim.
Unless provided otherwise by the court, |
the
restrictions shall include
requirements that the defendant |
do the following:
|
(1) refrain from contact or communication with the |
victim for a
minimum period of 72 hours following the |
defendant's release; and
|
(2) refrain from entering or remaining at the victim's |
residence for a
minimum period of 72 hours following the |
defendant's release.
|
(e) Local law enforcement agencies shall develop |
standardized bond forms
for use in cases involving family or |
household members as defined in
Article 112A, including |
specific conditions of bond as provided in
subsection (d). |
Failure of any law enforcement department to develop or use
|
those forms shall in no way limit the applicability and |
enforcement of
subsections (d) and (f).
|
(f) If the defendant is admitted to bail after conviction |
the
conditions of the bail bond shall be that he will, in |
addition to the
conditions set forth in subsections (a) and (b) |
hereof:
|
(1) Duly prosecute his appeal;
|
(2) Appear at such time and place as the court may |
direct;
|
(3) Not depart this State without leave of the court;
|
(4) Comply with such other reasonable conditions as the |
court may
impose; and
|
(5) If the judgment is affirmed or the cause reversed |
and remanded
for a new trial, forthwith surrender to the |
|
officer from whose custody
he was bailed.
|
(g) Upon a finding of guilty for any felony offense, the |
defendant shall
physically surrender, at a time and place |
designated by the court,
any and all firearms in his or her |
possession and his or her Firearm Owner's
Identification Card |
as a condition of remaining on bond pending sentencing.
|
(Source: P.A. 92-329, eff. 8-9-01; 92-442, eff. 8-17-01; |
92-651, eff.
7-11-02; 93-184, eff. 1-1-04.)
|
(725 ILCS 5/115-10.5)
|
Sec. 115-10.5. Hearsay exception regarding safe zone |
testimony.
|
(a) In any prosecution for any offense charged as a |
violation of Section
407 of the Illinois Controlled Substances |
Act , Section 55 of the Methamphetamine Control and Community |
Protection Act, or Section 5-130 of the Juvenile
Court Act of |
1987 the following evidence shall be admitted as an exception |
to
the hearsay rule any testimony by any qualified individual |
regarding the status
of any property as:
|
(1) a truck stop or safety rest area, or
|
(2) a school or conveyance owned, leased or contracted |
by a school to
transport students to or from school, or
|
(3) residential property owned, operated, and managed |
by a public housing
agency, or
|
(4) a public park, or
|
(5) the real property comprising any church, |
synagogue, or other building,
structure, or place used |
primarily for religious worship, or
|
(6) the real property comprising any of the following |
places, buildings,
or structures used primarily for |
housing or providing space for activities for
senior |
citizens: nursing homes, assisted-living centers, senior |
citizen housing
complexes, or senior centers oriented |
toward daytime activities.
|
(b) As used in this Section, "qualified individual" means |
any person who
(i) lived or worked within the territorial |
|
jurisdiction where the offense took
place when the offense took |
place; and (ii) is familiar with various public
places within |
the territorial jurisdiction where the offense took place when
|
the offense took place.
|
(c) For the purposes of this Section, "qualified |
individual" includes any
peace officer, or any member of any |
duly organized State, county, or municipal
peace unit, assigned |
to the territorial jurisdiction where the offense took
place |
when the offense took place.
|
(d) This Section applies to all prosecutions pending at the |
time this
amendatory Act of the 91st General Assembly takes |
effect and to all
prosecutions commencing on or after its |
effective date.
|
(Source: P.A. 91-899, eff. 1-1-01.)
|
(725 ILCS 5/115-15)
|
Sec. 115-15. Laboratory reports.
|
(a) In any criminal prosecution for a violation of either
|
the Cannabis
Control Act ,
or the Illinois Controlled Substances |
Act , or the Methamphetamine Control and Community Protection |
Act , a laboratory report
from the Department of State Police, |
Division of Forensic Services, that is
signed and sworn to by |
the person performing an
analysis and that states (1) that the |
substance that is the basis of the
alleged
violation
has been |
weighed and analyzed, and (2) the person's findings as to the
|
contents, weight and identity of the substance, and (3) that it |
contains any
amount of a controlled substance or cannabis is |
prima facie evidence of the
contents, identity and weight of |
the substance. Attached to the report
shall be a copy of a |
notarized statement by the signer of the report giving
the name |
of the signer and stating (i) that he or she is an employee of |
the
Department of State Police, Division of Forensic Services,
|
(ii) the name and location of the laboratory where the analysis |
was
performed, (iii) that performing the analysis is a part of |
his or her regular
duties, and (iv) that the signer is |
qualified by education, training and
experience to perform the |
|
analysis. The signer shall also allege that
scientifically |
accepted tests were performed with due caution and that the
|
evidence was handled in accordance with established and |
accepted procedures
while in the custody of the laboratory.
|
(a-5) In any criminal prosecution for reckless homicide |
under Section 9-3
of the
Criminal Code of
1961 or driving under |
the influence of alcohol, other drug, or combination of
both, |
in
violation of Section
11-501 of the Illinois Vehicle Code or |
in any civil action held under a
statutory summary
suspension |
hearing under Section 2-118.1 of the Illinois Vehicle Code, a
|
laboratory report from the
Department of State Police, Division |
of Forensic Services, that is signed and
sworn to by the person
|
performing an analysis, and that states
that the sample of |
blood or urine was tested for alcohol or
drugs, and
contains |
the person's findings as to the presence and amount
of
alcohol |
or
drugs and type of drug is prima facie evidence of
the |
presence, content, and amount of the alcohol or drugs analyzed |
in
the blood or urine. Attached to the report must be a copy of |
a notarized
statement by the
signer of the report giving the |
name of the signer and stating (1) that he or
she is an |
employee
of the Department of State Police, Division of |
Forensic Services, (2) the name
and location
of the laboratory |
where the analysis was performed, (3) that performing the
|
analysis is a part
of his or her regular duties, (4) that the |
signer is qualified by
education, training, and
experience to |
perform the analysis, and (5) that
scientifically accepted
|
tests were performed with due caution and that the evidence was |
handled in
accordance with
established and accepted procedures |
while in the custody of the laboratory.
|
(b) The State's Attorney shall serve a copy of the report |
on the
attorney of record for the accused, or on the accused if |
he or she has no
attorney, before any proceeding in which the |
report is to be used against
the accused other than at a |
preliminary hearing or grand jury hearing when
the report may |
be used without having been previously served upon the accused.
|
(c) The report shall not be prima facie evidence if the
|
|
accused or his or her attorney
demands the testimony of the |
person signing the report by serving the
demand upon the |
State's Attorney within 7 days from the accused or his or her
|
attorney's receipt of the report.
|
(Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)
|
Section 1085. The Drug Asset Forfeiture Procedure Act is |
amended by changing Sections 2, 3, 5, 6, 7, and 9 as follows:
|
(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
|
Sec. 2. Legislative Declaration. The General Assembly |
finds that the
civil forfeiture of property which is used or |
intended to be used in, is
attributable to or facilitates the |
manufacture, sale, transportation,
distribution, possession or |
use of substances in certain violations of the
Illinois |
Controlled Substances Act ,
or the Cannabis Control Act, or the |
Methamphetamine Control and Community Protection Act
will have |
a significant beneficial effect in deterring the rising
|
incidence of the abuse and trafficking of such substances |
within this
State. While forfeiture may secure for State and |
local units of government
some resources for deterring drug |
abuse and drug trafficking, forfeiture is
not intended to be an |
alternative means of funding the administration of
criminal |
justice. The General Assembly further finds that the federal
|
narcotics civil forfeiture statute upon which this Act is based |
has been
very successful in deterring the use and distribution |
of controlled
substances within this State and throughout the |
country. It is therefore
the intent of the General Assembly |
that the forfeiture provisions of this
Act be construed in |
light of the federal forfeiture provisions contained in
21 |
U.S.C. 881 as interpreted by the federal courts, except to the |
extent
that the provisions of this Act expressly differ |
therefrom.
|
(Source: P.A. 86-1382; 87-614.)
|
(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673)
|
|
Sec. 3. Applicability. The provisions of this Act are |
applicable to
all property forfeitable under the Illinois |
Controlled Substances Act ,
or the
Cannabis Control Act , or the |
Methamphetamine Control and Community Protection Act .
|
(Source: P.A. 86-1382.)
|
(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
|
Sec. 5. Notice to State's Attorney. The law enforcement |
agency
seizing property for forfeiture under the Illinois |
Controlled
Substances Act ,
or the Cannabis Control Act , or the |
Methamphetamine Control and Community Protection Act shall,
|
within 52 days of seizure, notify the State's Attorney for the |
county in
which an act or omission giving rise to the |
forfeiture occurred or in which
the property was seized of the |
seizure of the property and the facts and
circumstances giving |
rise to the seizure and shall provide the State's
Attorney with |
the inventory of the property and its estimated value. When
the |
property seized for forfeiture is a vehicle, the law |
enforcement agency
seizing the property shall immediately |
notify the Secretary of State that
forfeiture proceedings are |
pending regarding such vehicle.
|
(Source: P.A. 86-1382.)
|
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
|
Sec. 6. Non-Judicial Forfeiture. If non-real property that |
exceeds
$20,000 in value excluding the value of any conveyance, |
or if real property
is seized under the provisions of the |
Illinois Controlled Substances Act ,
or
the Cannabis Control |
Act , or the Methamphetamine Control and Community Protection |
Act , the State's Attorney shall institute judicial in
rem |
forfeiture proceedings as described in Section 9 of this Act |
within 45
days from receipt of notice of seizure from the |
seizing agency under
Section 5 of this Act. However, if |
non-real property that does not exceed
$20,000 in value |
excluding the value of any conveyance is seized, the
following |
procedure shall be used:
|
|
(A) If, after review of the facts surrounding the seizure, |
the State's
Attorney is of the opinion that the seized property |
is subject to
forfeiture, then within 45 days of the receipt of |
notice of seizure from the
seizing agency, the State's Attorney |
shall cause notice of pending
forfeiture to be given to the |
owner of the property and all known interest
holders of the |
property in accordance with Section 4 of this Act.
|
(B) The notice of pending forfeiture must include a |
description of the
property, the estimated value of the |
property, the date and place of
seizure, the conduct giving |
rise to forfeiture or the violation of law
alleged, and a |
summary of procedures and procedural rights applicable to
the |
forfeiture action.
|
(C) (1) Any person claiming an interest in property which |
is the
subject of notice under subsection (A) of Section 6 |
of this Act, may,
within 45 days after the effective date |
of notice as described in Section 4
of this Act, file a |
verified claim with the State's Attorney expressing his
or |
her interest in the property. The claim must set forth:
|
(i) the caption of the proceedings as set forth on |
the notice of
pending forfeiture and the name of the |
claimant;
|
(ii) the address at which the claimant will accept |
mail;
|
(iii) the nature and extent of the claimant's |
interest in the property;
|
(iv) the date, identity of the transferor, and |
circumstances of the
claimant's acquisition of the |
interest in the property;
|
(v) the name and address of all other persons known |
to have an
interest in the property;
|
(vi) the specific provision of law relied on in |
asserting the property
is not subject to forfeiture;
|
(vii) all essential facts supporting each |
assertion; and
|
(viii) the relief sought.
|
|
(2) If a claimant files the claim and deposits with the |
State's Attorney
a cost bond, in the form of a cashier's |
check payable to the clerk of the
court, in the sum of 10 |
percent of the reasonable value of the property as
alleged |
by the State's Attorney or the sum of $100, whichever is |
greater,
upon condition that, in the case of forfeiture, |
the claimant must pay all
costs and expenses of forfeiture |
proceedings, then the State's Attorney
shall institute |
judicial in rem forfeiture proceedings and deposit the cost
|
bond with the clerk of the court as described in Section 9 |
of this Act
within 45 days after receipt of the claim and |
cost bond. In lieu of a cost
bond, a person claiming |
interest in the seized property may file, under
penalty of |
perjury, an indigency affidavit.
|
(3) If none of the seized property is forfeited in the |
judicial in rem
proceeding, the clerk of the court shall |
return to the claimant, unless the
court orders otherwise, |
90% of the sum which has been deposited and shall
retain as |
costs 10% of the money deposited. If any of the seized |
property
is forfeited under the judicial forfeiture |
proceeding, the clerk of
the court shall transfer 90% of |
the sum which has been deposited to the
State's Attorney |
prosecuting the civil forfeiture to be applied to the
costs |
of prosecution and the clerk shall retain as costs 10% of |
the sum
deposited.
|
(D) If no claim is filed or bond given within the 45 day |
period as
described in subsection (C) of Section 6 of this Act, |
the State's Attorney
shall declare the property forfeited and |
shall promptly notify the
owner and all known interest holders |
of the property and the Director of the
Illinois Department of |
State Police of the declaration of forfeiture and
the Director |
shall dispose of the property in accordance with law.
|
(Source: P.A. 86-1382; 87-614.)
|
(725 ILCS 150/7) (from Ch. 56 1/2, par. 1677)
|
Sec. 7. Presumptions. The following situations shall give |
|
rise to a
presumption that the property described therein was |
furnished or intended
to be furnished in exchange for a |
substance in violation of the Illinois
Controlled Substances |
Act ,
or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act , or is the proceeds
of |
such an exchange, and therefore forfeitable under this Act, |
such
presumptions being rebuttable by a preponderance of the |
evidence:
|
(1) All moneys, coin, or currency found in close proximity |
to
forfeitable substances, to forfeitable drug manufacturing |
or distributing
paraphernalia, or to forfeitable records of the |
importation, manufacture or
distribution of substances;
|
(2) All property acquired or caused to be acquired by a |
person either
between the dates of occurrence of two or more |
acts in felony violation of
the Illinois Controlled Substances |
Act ,
or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act ,
or an act committed in |
another state, territory or
country which would be punishable |
as a felony under either the Illinois
Controlled Substances |
Act ,
or the Cannabis Control Act , or the Methamphetamine |
Control and Community Protection Act , committed by that
person |
within 5 years of each other, or all property acquired by such
|
person within a reasonable amount of time after the commission |
of such acts if:
|
(a) At least one of the above acts was committed after |
the effective
date of this Act; and
|
(b) At least one of the acts is or was punishable as a |
Class X, Class 1,
or Class 2 felony; and
|
(c) There was no likely source for such property other |
than a violation
of the above Acts.
|
(Source: P.A. 86-1382.)
|
(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
|
Sec. 9. Judicial in rem procedures. If property seized |
under the
provisions of the Illinois Controlled Substances Act ,
|
or the Cannabis Control
Act , or the Methamphetamine Control and |
|
Community Protection Act is non-real property that exceeds |
$20,000 in value excluding the value
of any conveyance, or is |
real property, or a claimant has filed a claim and
a cost bond |
under subsection (C) of Section 6 of this Act, the following
|
judicial in rem procedures shall apply:
|
(A) If, after a review of the facts surrounding the |
seizure, the State's
Attorney is of the opinion that the seized |
property is subject to
forfeiture, then within 45 days of the |
receipt of notice of seizure by the
seizing agency or the |
filing of the claim and cost bond, whichever is
later, the |
State's Attorney shall institute judicial forfeiture |
proceedings
by filing a verified complaint for forfeiture and, |
if the claimant has
filed a claim and cost bond, by depositing |
the cost bond with the clerk of
the court. When authorized by |
law, a forfeiture must be ordered by a court
on an action in |
rem brought by a State's Attorney under a verified
complaint |
for forfeiture.
|
(B) During the probable cause portion of the judicial in |
rem
proceeding wherein the State presents its case-in-chief, |
the court must
receive and consider, among other things, all |
relevant hearsay evidence and
information. The laws of evidence |
relating to civil actions shall apply to
all other portions of |
the judicial in rem proceeding.
|
(C) Only an owner of or interest holder in the property may |
file an
answer asserting a claim against the property in the |
action in rem. For
purposes of this Section, the owner or |
interest holder shall be referred
to as claimant.
|
(D) The answer must be signed by the owner or interest |
holder under
penalty of perjury and must set forth:
|
(i) the caption of the proceedings as set forth on the |
notice of pending
forfeiture and the name of the claimant;
|
(ii) the address at which the claimant will accept |
mail;
|
(iii) the nature and extent of the claimant's interest |
in the property;
|
(iv) the date, identity of transferor, and |
|
circumstances of the
claimant's acquisition of the |
interest in the property;
|
(v) the name and address of all other persons known to |
have an interest
in the property;
|
(vi) the specific provisions of Section 8 of this Act
|
relied on in asserting it
is not subject to forfeiture;
|
(vii) all essential facts supporting each assertion; |
and
|
(viii) the precise relief sought.
|
(E) The answer must be filed with the court within 45 days |
after service
of the civil in rem complaint.
|
(F) The hearing must be held within 60 days after filing of |
the answer
unless continued for good cause.
|
(G) The State shall show the existence of probable cause |
for forfeiture
of the property. If the State shows probable |
cause, the claimant has the
burden of showing by a |
preponderance of the evidence that the claimant's
interest in |
the property is not subject to forfeiture.
|
(H) If the State does not show existence of probable cause |
or a claimant
has established by a preponderance of evidence |
that the claimant has an
interest that is exempt under Section |
8 of this Act, the court shall order
the interest in the |
property returned or conveyed to the claimant and shall
order |
all other property forfeited to the State. If the State does |
show
existence of probable cause and the claimant does not |
establish by a
preponderance of evidence that the claimant has |
an interest that is exempt
under Section 8 of this Act, the |
court shall order all property forfeited
to the State.
|
(I) A defendant convicted in any criminal proceeding is |
precluded from
later denying the essential allegations of the |
criminal offense of which
the defendant was convicted in any |
proceeding under this Act
regardless of the pendency of an |
appeal from that conviction. However,
evidence of the pendency |
of an appeal is admissible.
|
(J) An acquittal or dismissal in a criminal proceeding |
shall not
preclude civil proceedings under this Act; however, |
|
for good cause shown,
on a motion by the State's Attorney, the |
court may stay civil forfeiture
proceedings during the criminal |
trial for a related criminal indictment or
information alleging |
a violation of the Illinois Controlled Substances Act ,
or
the |
Cannabis Control Act , or the Methamphetamine Control and |
Community Protection Act . Such a stay shall not be available |
pending an
appeal. Property subject to forfeiture under the |
Illinois Controlled
Substances Act ,
or the Cannabis Control |
Act , or the Methamphetamine Control and Community Protection |
Act shall not be subject to return
or release by a court |
exercising jurisdiction over a criminal case
involving the |
seizure of such property unless such return or release is
|
consented to by the State's Attorney.
|
(K) All property declared forfeited under this Act vests in |
this State
on the commission of the conduct giving rise to |
forfeiture together with
the proceeds of the property after |
that time. Any such property or
proceeds subsequently |
transferred to any person remain subject to
forfeiture and |
thereafter shall be ordered forfeited unless the transferee
|
claims and establishes in a hearing under the provisions of |
this Act that
the transferee's interest is exempt under Section |
8 of this Act.
|
(L) A civil action under this Act must be commenced within |
5 years
after the last conduct giving rise to forfeiture became |
known or should
have become known or 5 years after the |
forfeitable property is
discovered, whichever is later, |
excluding any time during which either the
property or claimant |
is out of the State or in confinement or during which
criminal |
proceedings relating to the same conduct are in progress.
|
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
|
Section 1090. The Narcotics Profit Forfeiture Act is |
amended by changing Section 3 as follows:
|
(725 ILCS 175/3) (from Ch. 56 1/2, par. 1653)
|
Sec. 3. Definitions. (a) "Narcotics activity" means:
|
|
1. Any conduct punishable as a felony under the Cannabis |
Control Act or
the Illinois Controlled Substances Act, or
|
2. Any conduct punishable, by imprisonment for more than |
one year, as
an offense against the law of the United States or |
any State, concerning
narcotics, controlled substances, |
dangerous drugs, or any substance or things
scheduled or listed |
under the Cannabis Control Act ,
or the Illinois Controlled
|
Substances Act , or the Methamphetamine Control and Community |
Protection Act .
|
(b) "Pattern of narcotics activity" means 2 or more acts of |
narcotics
activity of which at least 2 such acts were committed |
within 5 years of
each other. At least one of those acts of |
narcotics activity must have been
committed after the effective |
date of this Act and at least one of such
acts shall be or shall |
have been punishable as a Class X, Class 1 or Class 2 felony.
|
(c) "Person" includes any individual or entity capable of |
holding a legal
or beneficial interest in property.
|
(d) "Enterprise" includes any individual, partnership, |
corporation, association,
or other entity, or group of |
individuals associated in fact, although not
a legal entity.
|
(Source: P.A. 82-940.)
|
Section 1095. The Sexually Violent Persons Commitment Act |
is amended by changing Section 40 as follows: |
(725 ILCS 207/40)
|
Sec. 40. Commitment.
|
(a) If a court or jury determines that the person who is |
the
subject of a petition under Section 15 of this Act is a |
sexually
violent person, the court shall order the person to be |
committed
to the custody of the Department for control, care |
and treatment
until such time as the person is no longer a |
sexually violent
person.
|
(b) (1) The court shall enter an initial commitment order |
under
this Section pursuant to a hearing held as soon as |
practicable
after the judgment is entered that the person |
|
who is the subject of a
petition under Section 15 is a |
sexually violent person.
If the court lacks sufficient |
information to make the
determination required by |
paragraph (b)(2) of this Section
immediately after trial, |
it may adjourn the hearing and order the
Department to |
conduct a predisposition investigation or a
supplementary |
mental examination, or both, to assist the court in
framing |
the commitment order. A supplementary mental examination
|
under this Section shall be conducted in accordance with |
Section
3-804 of the Mental Health and Developmental |
Disabilities Code.
|
(2) An order for commitment under this Section shall |
specify
either institutional care in a secure facility, as |
provided under
Section 50 of this Act, or conditional |
release. In determining
whether commitment shall be for |
institutional care in a secure
facility or for conditional |
release, the court shall consider the
nature and |
circumstances of the behavior that was the basis of the
|
allegation in the petition under paragraph (b)(1) of |
Section 15, the person's
mental history and present mental |
condition, where the person will
live, how the person will |
support himself or herself, and what
arrangements are |
available to ensure that the person has access to
and will |
participate in necessary treatment.
All treatment, whether |
in institutional care, in a secure facility, or while
on
|
conditional release, shall be conducted in conformance
|
with the standards developed under the Sex Offender |
Management Board
Act and conducted by a treatment provider |
approved by the Board.
The Department shall
arrange for |
control, care and treatment of the person in the least
|
restrictive manner consistent with the requirements of the |
person
and in accordance with the court's commitment order.
|
(3) If the court finds that the person is appropriate |
for
conditional release, the court shall notify the |
Department. The
Department shall prepare a plan that |
identifies the treatment and
services, if any, that the |
|
person will receive in the community.
The plan shall |
address the person's need, if any, for
supervision, |
counseling, medication, community support services,
|
residential services, vocational services, and alcohol or |
other
drug abuse treatment. The Department may contract |
with a county
health department, with another public agency |
or with a private
agency to provide the treatment and |
services identified in the
plan. The plan shall specify who |
will be responsible for
providing the treatment and |
services identified in the plan. The
plan shall be |
presented to the court for its approval within 60
days |
after the court finding that the person is appropriate for
|
conditional release, unless the Department and the person |
to be
released request additional time to develop the plan.
|
The conditional release program operated under this |
Section is not
subject to the provisions of the Mental |
Health and Developmental Disabilities
Confidentiality Act.
|
(4) An order for conditional release places the person |
in
the custody and control of the Department. A person on
|
conditional release is subject to the conditions set by the |
court
and to the rules of the Department. Before a person |
is placed on
conditional release by the court under this |
Section, the court
shall so notify the municipal police |
department and county sheriff
for the municipality and |
county in which the person will be
residing. The |
notification requirement under this Section does
not apply |
if a municipal police department or county sheriff
submits |
to the court a written statement waiving the right to be
|
notified. If the Department alleges that a released person |
has
violated any condition or rule, or that the safety of |
others
requires that conditional release be revoked, he or |
she may be
taken into custody under the rules of the |
Department.
|
At any time during which the person is on conditional |
release, if the
Department determines that the person has |
violated any condition or rule, or
that the safety of |
|
others requires that conditional release be revoked, the
|
Department may request the Attorney General or State's |
Attorney to request the
court to issue an emergency ex |
parte order directing any law enforcement
officer
to take |
the person into custody and transport the person to the |
county jail.
The Department may request, or the Attorney |
General or State's Attorney may
request independently of |
the Department, that a petition to revoke conditional
|
release be filed. When a petition is filed, the court may |
order the Department
to issue a notice to the person to be |
present at the Department or other
agency designated by the |
court, order a summons to the person to be present, or
|
order a body attachment for all law enforcement officers to |
take the person
into custody and transport him or her to |
the county jail, hospital, or
treatment
facility.
The
|
Department shall submit a statement showing probable cause |
of the
detention and a petition to revoke the order for |
conditional
release to the committing court within 48 hours |
after the
detention. The court shall hear the petition |
within 30 days,
unless the hearing or time deadline is |
waived by the detained
person. Pending the revocation |
hearing, the Department may detain
the person in a jail, in |
a hospital or treatment facility. The
State has the burden |
of proving by clear and convincing evidence
that any rule |
or condition of release has been violated, or that
the |
safety of others requires that the conditional release be
|
revoked. If the court determines after hearing that any |
rule or
condition of release has been violated, or that the |
safety of
others requires that conditional release be |
revoked, it may revoke
the order for conditional release |
and order that the released
person be placed in an |
appropriate institution until the person is
discharged |
from the commitment under Section 65 of this Act or
until |
again placed on conditional release under Section 60 of |
this
Act.
|
(5) An order for conditional release places the person |
|
in the custody,
care, and control of the Department. The |
court shall order the person be
subject to the following |
rules of conditional release, in addition to any other
|
conditions ordered, and the person shall be given a |
certificate setting forth
the
conditions of conditional |
release. These conditions shall be that the person:
|
(A) not violate any criminal statute of any |
jurisdiction;
|
(B) report to or appear in person before such |
person or agency as
directed by the court and the |
Department;
|
(C) refrain from possession of a firearm or other |
dangerous weapon;
|
(D) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature, that prior |
consent by the court is not possible without the prior
|
notification and approval of the Department;
|
(E) at the direction of the Department, notify |
third parties of the
risks that may be occasioned by |
his or her criminal record or sexual offending
history |
or characteristics, and permit the supervising officer |
or agent to make
the
notification requirement;
|
(F) attend and fully participate in assessment, |
treatment, and behavior
monitoring including, but not |
limited to, medical, psychological or psychiatric
|
treatment specific to sexual offending, drug |
addiction, or alcoholism, to the
extent appropriate to |
the person based upon the recommendation and findings
|
made in the Department evaluation or based upon any |
subsequent recommendations
by the Department;
|
(G) waive confidentiality allowing the court and |
Department access to
assessment or treatment results |
or both;
|
(H) work regularly at a Department approved |
occupation or pursue a
course of study or vocational |
|
training and notify the Department within
72 hours of |
any change in employment, study, or training;
|
(I) not be employed or participate in any volunteer |
activity that
involves contact with children, except |
under circumstances approved in advance
and in writing |
by the Department officer;
|
(J) submit to the search of his or her person, |
residence, vehicle, or
any personal or
real property |
under his or her control at any time by the Department;
|
(K) financially support his or her dependents and |
provide the Department
access
to any requested |
financial information;
|
(L) serve a term of home confinement, the |
conditions of which shall be
that the person:
|
(i) remain within the interior premises of the |
place designated for
his or her confinement during |
the hours designated by the Department;
|
(ii) admit any person or agent designated by |
the Department into the
offender's place of |
confinement at any time for purposes of verifying |
the
person's compliance with the condition of his |
or her confinement;
|
(iii) if deemed necessary by the Department, |
be placed on an
electronic monitoring device;
|
(M) comply with the terms and conditions of an |
order of protection
issued by the court pursuant to the |
Illinois Domestic Violence Act of 1986. A
copy of the |
order of protection shall be
transmitted to the |
Department by the clerk of the court;
|
(N) refrain from entering into a designated |
geographic area except upon
terms the Department finds |
appropriate. The terms may include
consideration of |
the purpose of the entry, the time of day, others |
accompanying
the person, and advance approval by the |
Department;
|
(O) refrain from having any contact, including |
|
written or oral
communications, directly or |
indirectly, with certain specified persons
including, |
but not limited to, the victim or the victim's family, |
and
report any incidental contact with the victim or |
the victim's family to
the Department within 72 hours; |
refrain from entering onto the premises of,
traveling
|
past,
or loitering near the victim's residence, place |
of employment, or other places
frequented by the |
victim;
|
(P) refrain from having any contact, including |
written or oral
communications, directly or |
indirectly, with particular types of persons,
|
including but not limited to members of street gangs, |
drug users, drug dealers,
or prostitutes;
|
(Q) refrain from all contact, direct or indirect, |
personally, by
telephone, letter, or through another |
person, with minor children without prior
|
identification and approval of the Department;
|
(R) refrain from having in his or her body the |
presence of alcohol
or any illicit drug prohibited by |
the Cannabis Control Act ,
or the
Illinois
Controlled |
Substances Act , or the Methamphetamine Control and |
Community Protection Act , unless prescribed by a |
physician, and submit samples
of his or her breath, |
saliva, blood, or urine
for tests to determine the
|
presence of alcohol or any illicit drug;
|
(S) not establish a dating, intimate, or sexual |
relationship with a
person without prior written |
notification to the Department;
|
(T) neither possess or have under his or her |
control any material that
is
pornographic, sexually |
oriented, or sexually stimulating, or that depicts or
|
alludes to sexual activity or depicts minors under the |
age of 18, including but
not limited to visual, |
auditory, telephonic, electronic media, or any matter
|
obtained through access to any computer or material |
|
linked to computer access
use;
|
(U) not patronize any business providing sexually |
stimulating or
sexually oriented entertainment nor |
utilize "900" or
adult telephone numbers or any other |
sex-related telephone numbers;
|
(V) not reside near, visit, or be in or about |
parks, schools, day care
centers, swimming pools, |
beaches, theaters, or any other places where minor
|
children congregate without advance approval of the |
Department and report any
incidental contact with |
minor children to the Department within 72 hours;
|
(W) not establish any living arrangement or |
residence without prior
approval of the Department;
|
(X) not publish any materials or print any |
advertisements without
providing a copy of the |
proposed publications to the Department officer and
|
obtaining
permission prior to publication;
|
(Y) not leave the county except with prior |
permission of the Department
and provide the |
Department officer or agent with written travel routes |
to and
from work and any other designated destinations;
|
(Z) not possess or have under his or her control |
certain specified items
of
contraband related to the |
incidence of sexually offending items including video
|
or
still camera items or children's toys;
|
(AA) provide a written daily log of activities as |
directed by the
Department;
|
(BB) comply with all other special conditions that |
the Department may
impose that restrict the person from |
high-risk situations and limit access or
potential |
victims.
|
(6) A person placed on conditional release and who |
during the term
undergoes mandatory drug or alcohol testing |
or is assigned to be
placed on an approved electronic |
monitoring device may be ordered to pay all
costs |
incidental to the mandatory drug or alcohol testing and all
|
|
costs incidental to the approved electronic monitoring in |
accordance with the
person's ability to pay those costs. |
The Department may establish reasonable
fees for the cost |
of maintenance, testing, and incidental expenses related |
to
the mandatory drug or alcohol testing and all costs |
incidental to
approved electronic monitoring.
|
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
|
Section 1100. The State's Attorneys Appellate Prosecutor's |
Act is amended by changing Section 4.01 as follows:
|
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
|
Sec. 4.01. The Office and all attorneys employed thereby |
may
represent the People of the State of Illinois on appeal in |
all cases
which emanate from
a county containing less than
|
3,000,000 inhabitants, when requested to do so and at the |
direction of
the State's Attorney, otherwise responsible for |
prosecuting the appeal,
and may, with the advice and consent of |
the State's Attorney prepare,
file and argue such appellate |
briefs in the Illinois Appellate
Court
and, when requested and |
authorized to do so by the Attorney General, in the
Illinois |
Supreme Court.
The Office may also assist County State's |
Attorneys in the
discharge of their duties under the Illinois |
Controlled Substances Act,
the Cannabis Control Act, the |
Methamphetamine Control and Community Protection Act, the Drug |
Asset Forfeiture Procedure Act,
the Narcotics Profit |
Forfeiture Act, and the Illinois Public Labor Relations
Act,
|
including negotiations conducted on behalf of a county or |
pursuant to an
intergovernmental agreement as well as in the |
trial
and appeal of said cases and of tax objections, and the |
counties which
use services relating to labor relations
shall |
reimburse the Office on pro-rated shares as determined by the
|
board based upon the population and number of labor relations |
cases of the
participating counties.
In addition, the Office |
and all attorneys employed by the Office may also
assist |
State's Attorneys in the discharge of their duties in the |
|
prosecution
and trial of other cases when requested to do so |
by, and at the direction of,
the State's Attorney otherwise |
responsible for the case. In addition, the
Office and all |
attorneys employed by the Office may act as Special Prosecutor
|
if duly appointed to do so by a court having jurisdiction.
To |
be effective, the order appointing the Office or
its attorneys |
as Special Prosecutor must (i) identify the case and its
|
subject matter and (ii) state that the Special Prosecutor |
serves at the
pleasure of the Attorney General, who may |
substitute himself or herself as the
Special Prosecutor when, |
in his or her judgment, the interest of the people of
the State |
so requires. Within 5 days after receiving a copy of an order |
from
the
court appointing the Office or any of its attorneys as |
a Special Prosecutor,
the Office must forward a copy of the |
order to the Springfield office of the
Attorney General.
|
(Source: P.A. 92-683, eff. 7-16-02.)
|
Section 1105. The Statewide Grand Jury Act is amended by |
changing Section 3 as follows:
|
(725 ILCS 215/3) (from Ch. 38, par. 1703)
|
Sec. 3. Written application for the appointment of a |
Circuit
Judge to convene and preside over a Statewide Grand |
Jury, with jurisdiction
extending throughout the State, shall |
be made to the Chief Justice of the
Supreme Court. Upon such |
written application, the Chief Justice of the
Supreme Court |
shall appoint a Circuit Judge from the circuit where the
|
Statewide Grand Jury is being sought to be convened, who shall |
make a
determination that the convening of a Statewide Grand |
Jury is necessary.
|
In such application the Attorney General shall state that |
the convening
of a Statewide Grand Jury is necessary because of |
an alleged offense or
offenses set forth in this Section |
involving more than one county of the
State and identifying any |
such offense alleged; and
|
(a) that he or she believes that the grand jury |
|
function for the
investigation and indictment of the |
offense or offenses cannot effectively be
performed by a |
county grand jury together with the reasons for such
|
belief, and
|
(b)(1) that each State's Attorney with jurisdiction |
over an offense
or offenses to be investigated has |
consented to the impaneling of the
Statewide Grand |
Jury, or
|
(2) if one or more of the State's Attorneys having |
jurisdiction over
an offense or offenses to be |
investigated fails to consent to the impaneling
of the |
Statewide Grand Jury, the Attorney General shall set |
forth good cause
for impaneling the Statewide Grand |
Jury.
|
If the Circuit Judge determines that the convening of a |
Statewide Grand
Jury is necessary, he or she shall convene and |
impanel the Statewide Grand
Jury with jurisdiction extending |
throughout the State to investigate and
return indictments:
|
(a) For violations of any of the following or for any |
other criminal
offense committed in the course of violating |
any of the following: Article
29D of the Criminal Code of |
1961, the
Illinois Controlled Substances Act, the Cannabis |
Control Act, the Methamphetamine Control and Community |
Protection Act, the Narcotics
Profit Forfeiture Act, or the |
Cannabis and Controlled Substances Tax Act; a
streetgang |
related felony offense; Section 24-2.1, 24-2.2, 24-3, |
24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection |
24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), |
24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a |
money
laundering offense; provided that the violation or |
offense involves acts
occurring in more than one county of |
this State; and
|
(a-5) For violations facilitated by the use of a |
computer, including
the use of the Internet, the World Wide |
Web, electronic mail, message board,
newsgroup, or any |
other commercial or noncommercial on-line service, of any |
|
of
the following offenses: indecent solicitation of a |
child, sexual exploitation
of a child, soliciting for a |
juvenile prostitute, keeping a place of juvenile
|
prostitution, juvenile pimping, or child pornography; and
|
(b) For the offenses of perjury, subornation of |
perjury, communicating
with jurors and witnesses, and |
harassment of jurors and witnesses, as they
relate to |
matters before the Statewide Grand Jury.
|
"Streetgang related" has the meaning ascribed to it in |
Section 10 of the
Illinois Streetgang Terrorism Omnibus |
Prevention Act.
|
Upon written application by the Attorney General for the |
convening of an
additional Statewide Grand Jury, the Chief |
Justice of the Supreme Court shall
appoint a Circuit Judge from |
the circuit for which the additional Statewide
Grand Jury is |
sought. The Circuit Judge shall determine the necessity for
an |
additional Statewide Grand Jury in accordance with the |
provisions of this
Section. No more than 2 Statewide Grand |
Juries may be empaneled at any time.
|
(Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01; 92-854, |
eff. 12-5-02.)
|
Section 1110. The Unified Code of Corrections is amended by |
changing Sections 3-7-2.5, 5-4-1, 5-5-3, 5-5-3.2, 5-6-2, |
5-6-3, 5-6-3.1, 5-8-4, 5-9-1, 5-9-1.1, 5-9-1.2, and 5-9-1.4 as |
follows:
|
(730 ILCS 5/3-7-2.5)
|
Sec. 3-7-2.5. Zero tolerance drug policy.
|
(a) Any person employed by the Department of Corrections |
who tests positive
in
accordance with established Departmental |
drug testing procedures for any
substance
prohibited by the |
Cannabis Control Act ,
or the Illinois Controlled Substances
|
Act , or the Methamphetamine Control and Community Protection |
Act shall be
discharged from employment. Refusal to submit to a |
drug test, ordered in
accordance
with Departmental procedures, |
|
by any person employed by the Department shall be
construed as |
a positive test, and the person shall be discharged from
|
employment.
|
Testing of employees shall be conducted in accordance with |
established
Departmental drug testing procedures. Changes to |
established drug testing
procedures
that are inconsistent with |
the federal guidelines specified in the Mandatory
Guidelines |
for
Federal Workplace Drug Testing Program, 59 FR 29908, or |
that affect
terms and conditions of employment, shall be |
negotiated with an exclusive
bargaining
representative in |
accordance with the Illinois Public Labor Relations Act.
|
(1) All samples used for the purpose of drug testing |
shall be collected by
persons who have at least 40 hours of |
initial training in the proper collection
procedures and at |
least 8 hours of annual follow-up training. Proof of this
|
training shall be available upon request. In order to |
ensure that these
persons
possess the necessary knowledge, |
skills, and experience to carry out their
duties,
their |
training must include guidelines and procedures used for |
the collection
process and must also incorporate training |
on the appropriate interpersonal
skills
required during |
the collection process.
|
(2) With respect to any bargaining unit employee, the |
Department shall
not initiate discipline of any employee |
who authorizes the testing of a split
urine
sample in |
accordance with established Departmental drug testing |
procedures
until
receipt by the Department of the test |
results from the split urine sample
evidencing a positive |
test for any substance prohibited by the Cannabis Control
|
Act ,
or the Illinois Controlled Substances Act , or the |
Methamphetamine Control and Community Protection Act .
|
(b) Any employee discharged in accordance with the |
provisions of subsection
(a)
shall not be eligible for rehire |
by the Department.
|
(Source: P.A. 92-80, eff. 1-1-02.)
|
|
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
Sec. 5-4-1. Sentencing Hearing.
|
(a) Except when the death penalty is
sought under hearing |
procedures otherwise specified, after a
determination of |
guilt, a hearing shall be held to impose the sentence.
However, |
prior to the imposition of sentence on an individual being
|
sentenced for an offense based upon a charge for a violation of |
Section
11-501 of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, the individual must undergo a |
professional evaluation to
determine if an alcohol or other |
drug abuse problem exists and the extent
of such a problem. |
Programs conducting these evaluations shall be
licensed by the |
Department of Human Services. However, if the individual is
not |
a resident of Illinois, the court
may, in its discretion, |
accept an evaluation from a program in the state of
such |
individual's residence. The court may in its sentencing order |
approve an
eligible defendant for placement in a Department of |
Corrections impact
incarceration program as provided in |
Section 5-8-1.1 or 5-8-1.3. At the
hearing the court
shall:
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(1) consider the evidence, if any, received upon the |
trial;
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(2) consider any presentence reports;
|
(3) consider the financial impact of incarceration |
based on the
financial impact statement filed with the |
clerk of the court by the
Department of Corrections;
|
(4) consider evidence and information offered by the |
parties in
aggravation and mitigation;
|
(5) hear arguments as to sentencing alternatives;
|
(6) afford the defendant the opportunity to make a |
statement in his
own behalf;
|
(7) afford the victim of a violent crime or a violation |
of Section
11-501 of the Illinois Vehicle Code, or a |
similar provision of a local
ordinance, or a qualified |
individual affected by: (i) a violation of Section
405, |
405.1, 405.2, or 407 of the Illinois Controlled Substances |
Act or a violation of Section 55 or Section 65 of the |
|
Methamphetamine Control and Community Protection Act ,
or |
(ii) a Class 4 felony violation of Section 11-14, 11-15, |
11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of |
1961,
committed by the defendant the opportunity to make a |
statement
concerning the impact on the victim and to offer |
evidence in aggravation or
mitigation; provided that the |
statement and evidence offered in aggravation
or |
mitigation must first be prepared in writing in conjunction |
with the
State's Attorney before it may be presented orally |
at the hearing. Any
sworn testimony offered by the victim |
is subject to the defendant's right
to cross-examine. All |
statements and evidence offered under this paragraph
(7) |
shall become part of the record of the court. For the |
purpose of this
paragraph (7), "qualified individual" |
means any person who (i) lived or worked
within the |
territorial jurisdiction where the offense took place when |
the
offense took place;
and (ii) is familiar with various |
public places within the territorial
jurisdiction where
|
the offense took place when the offense took place. For the |
purposes of
this paragraph (7), "qualified individual" |
includes any peace officer,
or any member of any duly |
organized State, county, or municipal peace unit
assigned |
to the territorial jurisdiction where the offense took |
place when the
offense took
place;
|
(8) in cases of reckless homicide afford the victim's |
spouse,
guardians, parents or other immediate family |
members an opportunity to make
oral statements; and
|
(9) in cases involving a felony sex offense as defined |
under the Sex
Offender
Management Board Act, consider the |
results of the sex offender evaluation
conducted pursuant |
to Section 5-3-2 of this Act.
|
(b) All sentences shall be imposed by the judge based upon |
his
independent assessment of the elements specified above and |
any agreement
as to sentence reached by the parties. The judge |
who presided at the
trial or the judge who accepted the plea of |
guilty shall impose the
sentence unless he is no longer sitting |
|
as a judge in that court. Where
the judge does not impose |
sentence at the same time on all defendants
who are convicted |
as a result of being involved in the same offense, the
|
defendant or the State's Attorney may advise the sentencing |
court of the
disposition of any other defendants who have been |
sentenced.
|
(c) In imposing a sentence for a violent crime or for an |
offense of
operating or being in physical control of a vehicle |
while under the
influence of alcohol, any other drug or any |
combination thereof, or a
similar provision of a local |
ordinance, when such offense resulted in the
personal injury to |
someone other than the defendant, the trial judge shall
specify |
on the record the particular evidence, information, factors in
|
mitigation and aggravation or other reasons that led to his |
sentencing
determination. The full verbatim record of the |
sentencing hearing shall be
filed with the clerk of the court |
and shall be a public record.
|
(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for
ransom, home invasion, armed robbery, |
aggravated vehicular hijacking,
aggravated discharge of a |
firearm, or armed violence with a category I weapon
or category |
II weapon,
the trial judge shall make a finding as to whether |
the conduct leading to
conviction for the offense resulted in |
great bodily harm to a victim, and
shall enter that finding and |
the basis for that finding in the record.
|
(c-2) If the defendant is sentenced to prison, other than |
when a sentence of
natural life imprisonment or a sentence of |
death is imposed, at the time
the sentence is imposed the judge |
shall
state on the record in open court the approximate period |
of time the defendant
will serve in custody according to the |
then current statutory rules and
regulations for early release |
found in Section 3-6-3 and other related
provisions of this |
Code. This statement is intended solely to inform the
public, |
has no legal effect on the defendant's actual release, and may |
not be
relied on by the defendant on appeal.
|
The judge's statement, to be given after pronouncing the |
|
sentence, other than
when the sentence is imposed for one of |
the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, |
shall include the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
case, assuming the defendant
receives all of his or her good |
conduct credit, the period of estimated actual
custody is ... |
years and ... months, less up to 180 days additional good
|
conduct credit for meritorious service. If the defendant, |
because of his or
her own misconduct or failure to comply with |
the institutional regulations,
does not receive those credits, |
the actual time served in prison will be
longer. The defendant |
may also receive an additional one-half day good conduct
credit |
for each day of participation in vocational, industry, |
substance abuse,
and educational programs as provided for by |
Illinois statute."
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(3) of Section 3-6-3, other than |
when the sentence is imposed for one of the
offenses enumerated |
in paragraph (a)(2) of Section 3-6-3 committed on or after
June |
19, 1998, and other than when the sentence is imposed for
|
reckless homicide as defined in subsection (e) of Section 9-3 |
of the Criminal
Code of 1961 if the offense was committed on or |
after January 1, 1999, and
other than when the sentence is |
imposed for aggravated arson if the offense was
committed on or |
after July 27, 2001 ( the effective date of Public Act
92-176)
|
this amendatory Act of the 92nd 93rd General Assembly , the
|
judge's statement, to be given after pronouncing the sentence, |
shall include
the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
|
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this |
case,
assuming the defendant
receives all of his or her good |
conduct credit, the period of estimated actual
custody is ... |
years and ... months, less up to 90 days additional good
|
conduct credit for meritorious service. If the defendant, |
because of his or
her own misconduct or failure to comply with |
the institutional regulations,
does not receive those credits, |
the actual time served in prison will be
longer. The defendant |
may also receive an additional one-half day good conduct
credit |
for each day of participation in vocational, industry, |
substance abuse,
and educational programs as provided for by |
Illinois statute."
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
first degree murder, and the offense was
committed on or after |
June 19, 1998, and when the sentence is imposed for
reckless |
homicide as defined in subsection (e) of Section 9-3 of the |
Criminal
Code of 1961 if the offense was committed on or after |
January 1, 1999,
and when the sentence is imposed for |
aggravated driving under the influence
of alcohol, other drug |
or drugs, or intoxicating compound or compounds, or
any |
combination thereof as defined in subparagraph (F) of paragraph |
(1) of
subsection (d) of Section 11-501 of the Illinois Vehicle |
Code, and when
the sentence is imposed for aggravated arson if |
the offense was committed
on or after July 27, 2001 ( the |
effective date of Public Act 92-176)
this amendatory Act of the |
92nd 93rd General Assembly , the judge's
statement, to be given |
after pronouncing the sentence, shall include the
following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
|
case,
the defendant is entitled to no more than 4 1/2 days of |
good conduct credit for
each month of his or her sentence of |
imprisonment. Therefore, this defendant
will serve at least 85% |
of his or her sentence. Assuming the defendant
receives 4 1/2 |
days credit for each month of his or her sentence, the period
|
of estimated actual custody is ... years and ... months. If the |
defendant,
because of his or her own misconduct or failure to |
comply with the
institutional regulations receives lesser |
credit, the actual time served in
prison will be longer."
|
When a sentence of imprisonment is imposed for first degree |
murder and
the offense was committed on or after June 19, 1998, |
the judge's statement,
to be given after pronouncing the |
sentence, shall include the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department
of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the
defendant is not entitled to good conduct credit. |
Therefore, this defendant
will serve 100% of his or her |
sentence."
|
When the sentence is imposed for any offense that results |
in incarceration
in a Department of Corrections facility |
committed as a result of the use of,
abuse of, or addiction to |
alcohol or a controlled substance and the crime was
committed |
on or after September 1, 2003 ( the effective date of Public Act
|
93-354)
this amendatory Act of the 93rd General Assembly , the |
judge's
statement, in addition to any other judge's statement |
required under this
Section, to be given after pronouncing the |
sentence, shall include the
following:
|
"The purpose of this statement is to inform the public of
|
the actual period of time this defendant is likely to spend in
|
prison as a result of this sentence. The actual period of
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prison time served is determined by the statutes of Illinois as
|
applied to this sentence by the Illinois Department of
|
|
Corrections and the Illinois Prisoner Review Board. In this
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case, the defendant shall receive no good conduct credit until |
he or
she participates in and completes a substance abuse |
treatment program."
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(d) When the defendant is committed to the Department of
|
Corrections, the State's Attorney shall and counsel for the |
defendant
may file a statement with the clerk of the court to |
be transmitted to
the department, agency or institution to |
which the defendant is
committed to furnish such department, |
agency or institution with the
facts and circumstances of the |
offense for which the person was
committed together with all |
other factual information accessible to them
in regard to the |
person prior to his commitment relative to his habits,
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associates, disposition and reputation and any other facts and
|
circumstances which may aid such department, agency or |
institution
during its custody of such person. The clerk shall |
within 10 days after
receiving any such statements transmit a |
copy to such department, agency
or institution and a copy to |
the other party, provided, however, that
this shall not be |
cause for delay in conveying the person to the
department, |
agency or institution to which he has been committed.
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(e) The clerk of the court shall transmit to the |
department,
agency or institution, if any, to which the |
defendant is committed, the
following:
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(1) the sentence imposed;
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(2) any statement by the court of the basis for |
imposing the sentence;
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(3) any presentence reports;
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(3.5) any sex offender evaluations;
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(4) the number of days, if any, which the defendant has |
been in
custody and for which he is entitled to credit |
against the sentence,
which information shall be provided |
to the clerk by the sheriff;
|
(4.1) any finding of great bodily harm made by the |
court with respect
to an offense enumerated in subsection |
(c-1);
|
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(5) all statements filed under subsection (d) of this |
Section;
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(6) any medical or mental health records or summaries |
of the defendant;
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(7) the municipality where the arrest of the offender |
or the commission
of the offense has occurred, where such |
municipality has a population of
more than 25,000 persons;
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(8) all statements made and evidence offered under |
paragraph (7) of
subsection (a) of this Section; and
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(9) all additional matters which the court directs the |
clerk to
transmit.
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(Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; |
93-213, eff.
7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03; |
93-616, eff. 1-1-04; revised 12-9-03.)
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(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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Sec. 5-5-3. Disposition.
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(a) Except as provided in Section 11-501 of the Illinois |
Vehicle Code, every person convicted of an offense shall be |
sentenced as provided
in this Section.
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(b) The following options shall be appropriate |
dispositions, alone
or in combination, for all felonies and |
misdemeanors other than those
identified in subsection (c) of |
this Section:
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(1) A period of probation.
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(2) A term of periodic imprisonment.
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(3) A term of conditional discharge.
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(4) A term of imprisonment.
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(5) An order directing the offender to clean up and |
repair the
damage, if the offender was convicted under |
paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
(now repealed).
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(6) A fine.
|
(7) An order directing the offender to make restitution |
to the
victim under Section 5-5-6 of this Code.
|
(8) A sentence of participation in a county impact |
|
incarceration
program under Section 5-8-1.2 of this Code. |
(9) A term of imprisonment in combination with a term |
of probation when the offender has been admitted into a |
drug court program under Section 20 of the Drug Court |
Treatment Act.
|
Neither a fine nor restitution shall be the sole |
disposition
for a felony and either or both may be imposed only |
in conjunction with
another disposition.
|
(c) (1) When a defendant is found guilty of first degree |
murder the
State may either seek a sentence of imprisonment |
under Section 5-8-1 of
this Code, or where appropriate seek |
a sentence of death under Section 9-1
of the Criminal Code |
of 1961.
|
(2) A period of probation, a term of periodic |
imprisonment or
conditional discharge shall not be imposed |
for the following offenses.
The court shall sentence the |
offender to not less than the minimum term
of imprisonment |
set forth in this Code for the following offenses, and
may |
order a fine or restitution or both in conjunction with |
such term of
imprisonment:
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(A) First degree murder where the death penalty is |
not imposed.
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(B) Attempted first degree murder.
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(C) A Class X felony.
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(D) A violation of Section 401.1 or 407 of the
|
Illinois Controlled Substances Act, or a violation of |
subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
which relates to more than 5 grams of a substance
|
containing heroin or cocaine or an analog thereof.
|
(E) A violation of Section 5.1 or 9 of the Cannabis |
Control
Act.
|
(F) A Class 2 or greater felony if the offender had |
been convicted
of a Class 2 or greater felony within 10 |
years of the date on which the
offender
committed the |
offense for which he or she is being sentenced, except |
as
otherwise provided in Section 40-10 of the |
|
Alcoholism and Other Drug Abuse and
Dependency Act.
|
(G) Residential burglary, except as otherwise |
provided in Section 40-10
of the Alcoholism and Other |
Drug Abuse and Dependency Act.
|
(H) Criminal sexual assault.
|
(I) Aggravated battery of a senior citizen.
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(J) A forcible felony if the offense was related to |
the activities of an
organized gang.
|
Before July 1, 1994, for the purposes of this |
paragraph, "organized
gang" means an association of 5 |
or more persons, with an established hierarchy,
that |
encourages members of the association to perpetrate |
crimes or provides
support to the members of the |
association who do commit crimes.
|
Beginning July 1, 1994, for the purposes of this |
paragraph,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
(K) Vehicular hijacking.
|
(L) A second or subsequent conviction for the |
offense of hate crime
when the underlying offense upon |
which the hate crime is based is felony
aggravated
|
assault or felony mob action.
|
(M) A second or subsequent conviction for the |
offense of institutional
vandalism if the damage to the |
property exceeds $300.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(O) A violation of Section 12-6.1 of the Criminal |
Code of 1961.
|
(P) A violation of paragraph (1), (2), (3), (4), |
(5), or (7) of
subsection (a)
of Section 11-20.1 of the |
Criminal Code of 1961.
|
(Q) A violation of Section 20-1.2 or 20-1.3 of the |
Criminal Code of
1961.
|
|
(R) A violation of Section 24-3A of the Criminal |
Code of
1961.
|
(S) (Blank).
|
(T) A second or subsequent violation of the |
Methamphetamine Control and Community Protection Act
|
paragraph (6.6) of subsection
(a), subsection (c-5), |
or subsection (d-5) of Section
401 of the
Illinois
|
Controlled Substances Act .
|
(3) (Blank).
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(4) A minimum term of imprisonment of not less than 10
|
consecutive days or 30 days of community service shall be |
imposed for a
violation of paragraph (c) of Section 6-303 |
of the Illinois Vehicle Code.
|
(4.1) (Blank).
|
(4.2) Except as provided in paragraph (4.3) of this |
subsection (c), a
minimum of
100 hours of community service |
shall be imposed for a second violation of
Section 6-303
of |
the Illinois Vehicle Code.
|
(4.3) A minimum term of imprisonment of 30 days or 300 |
hours of community
service, as determined by the court, |
shall
be imposed for a second violation of subsection (c) |
of Section 6-303 of the
Illinois Vehicle Code.
|
(4.4) Except as provided in paragraph (4.5) and |
paragraph (4.6) of this
subsection (c), a
minimum term of |
imprisonment of 30 days or 300 hours of community service, |
as
determined by the court, shall
be imposed
for a third or |
subsequent violation of Section 6-303 of the Illinois |
Vehicle
Code.
|
(4.5) A minimum term of imprisonment of 30 days
shall |
be imposed for a third violation of subsection (c) of
|
Section 6-303 of the Illinois Vehicle Code.
|
(4.6) A minimum term of imprisonment of 180 days shall |
be imposed for a
fourth or subsequent violation of |
subsection (c) of Section 6-303 of the
Illinois Vehicle |
Code.
|
(5) The court may sentence an offender convicted of a |
|
business
offense or a petty offense or a corporation or |
unincorporated
association convicted of any offense to:
|
(A) a period of conditional discharge;
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(B) a fine;
|
(C) make restitution to the victim under Section |
5-5-6 of this Code.
|
(5.1) In addition to any penalties imposed under |
paragraph (5) of this
subsection (c), and except as |
provided in paragraph (5.2) or (5.3), a person
convicted of |
violating subsection (c) of Section 11-907 of the Illinois
|
Vehicle Code shall have his or her driver's license, |
permit, or privileges
suspended for at least 90 days but |
not more than one year, if the violation
resulted in damage |
to the property of another person.
|
(5.2) In addition to any penalties imposed under |
paragraph (5) of this
subsection (c), and except as |
provided in paragraph (5.3), a person convicted
of |
violating subsection (c) of Section 11-907 of the Illinois |
Vehicle Code
shall have his or her driver's license, |
permit, or privileges suspended for at
least 180 days but |
not more than 2 years, if the violation resulted in injury
|
to
another person.
|
(5.3) In addition to any penalties imposed under |
paragraph (5) of
this
subsection (c), a person convicted of |
violating subsection (c) of Section
11-907 of the Illinois |
Vehicle Code shall have his or her driver's license,
|
permit, or privileges suspended for 2 years, if the |
violation resulted in the
death of another person.
|
(6) In no case shall an offender be eligible for a |
disposition of
probation or conditional discharge for a |
Class 1 felony committed while
he was serving a term of |
probation or conditional discharge for a felony.
|
(7) When a defendant is adjudged a habitual criminal |
under Article
33B of the Criminal Code of 1961, the court |
shall sentence
the defendant to a term of natural life |
imprisonment.
|
|
(8) When a defendant, over the age of 21 years, is |
convicted of a
Class 1 or Class 2 felony, after having |
twice been convicted
in any state or
federal court of an |
offense that contains the same elements as an offense now
|
classified in Illinois as a Class 2 or greater Class felony
|
and such charges are
separately brought and tried and arise |
out of different series of acts,
such defendant shall be |
sentenced as a Class X offender. This paragraph
shall not |
apply unless (1) the first felony was committed after the
|
effective date of this amendatory Act of 1977; and (2) the |
second felony
was committed after conviction on the first; |
and (3) the third felony
was committed after conviction on |
the second.
A person sentenced as a Class X offender under |
this paragraph is not
eligible to apply for treatment as a |
condition of probation as provided by
Section 40-10 of the |
Alcoholism and Other Drug Abuse and Dependency Act.
|
(9) A defendant convicted of a second or subsequent |
offense of ritualized
abuse of a child may be sentenced to |
a term of natural life imprisonment.
|
(10) (Blank).
|
(11) The court shall impose a minimum fine of $1,000 |
for a first offense
and $2,000 for a second or subsequent |
offense upon a person convicted of or
placed on supervision |
for battery when the individual harmed was a sports
|
official or coach at any level of competition and the act |
causing harm to the
sports
official or coach occurred |
within an athletic facility or within the immediate |
vicinity
of the athletic facility at which the sports |
official or coach was an active
participant
of the athletic |
contest held at the athletic facility. For the purposes of
|
this paragraph (11), "sports official" means a person at an |
athletic contest
who enforces the rules of the contest, |
such as an umpire or referee; "athletic facility" means an |
indoor or outdoor playing field or recreational area where |
sports activities are conducted;
and "coach" means a person |
recognized as a coach by the sanctioning
authority that |
|
conducted the sporting event. |
(12)
(11) A person may not receive a disposition of |
court supervision for a
violation of Section 5-16 of the |
Boat Registration and Safety Act if that
person has |
previously received a disposition of court supervision for |
a
violation of that Section.
|
(d) In any case in which a sentence originally imposed is |
vacated,
the case shall be remanded to the trial court. The |
trial court shall
hold a hearing under Section 5-4-1 of the |
Unified Code of Corrections
which may include evidence of the |
defendant's life, moral character and
occupation during the |
time since the original sentence was passed. The
trial court |
shall then impose sentence upon the defendant. The trial
court |
may impose any sentence which could have been imposed at the
|
original trial subject to Section 5-5-4 of the Unified Code of |
Corrections.
If a sentence is vacated on appeal or on |
collateral attack due to the
failure of the trier of fact at |
trial to determine beyond a reasonable doubt
the
existence of a |
fact (other than a prior conviction) necessary to increase the
|
punishment for the offense beyond the statutory maximum |
otherwise applicable,
either the defendant may be re-sentenced |
to a term within the range otherwise
provided or, if the State |
files notice of its intention to again seek the
extended |
sentence, the defendant shall be afforded a new trial.
|
(e) In cases where prosecution for
aggravated criminal |
sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
results in conviction of a defendant
who was a family member of |
the victim at the time of the commission of the
offense, the |
court shall consider the safety and welfare of the victim and
|
may impose a sentence of probation only where:
|
(1) the court finds (A) or (B) or both are appropriate:
|
(A) the defendant is willing to undergo a court |
approved counseling
program for a minimum duration of 2 |
years; or
|
(B) the defendant is willing to participate in a |
court approved plan
including but not limited to the |
|
defendant's:
|
(i) removal from the household;
|
(ii) restricted contact with the victim;
|
(iii) continued financial support of the |
family;
|
(iv) restitution for harm done to the victim; |
and
|
(v) compliance with any other measures that |
the court may
deem appropriate; and
|
(2) the court orders the defendant to pay for the |
victim's counseling
services, to the extent that the court |
finds, after considering the
defendant's income and |
assets, that the defendant is financially capable of
paying |
for such services, if the victim was under 18 years of age |
at the
time the offense was committed and requires |
counseling as a result of the
offense.
|
Probation may be revoked or modified pursuant to Section |
5-6-4; except
where the court determines at the hearing that |
the defendant violated a
condition of his or her probation |
restricting contact with the victim or
other family members or |
commits another offense with the victim or other
family |
members, the court shall revoke the defendant's probation and
|
impose a term of imprisonment.
|
For the purposes of this Section, "family member" and |
"victim" shall have
the meanings ascribed to them in Section |
12-12 of the Criminal Code of
1961.
|
(f) This Article shall not deprive a court in other |
proceedings to
order a forfeiture of property, to suspend or |
cancel a license, to
remove a person from office, or to impose |
any other civil penalty.
|
(g) Whenever a defendant is convicted of an offense under |
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
of the Criminal Code of 1961,
the defendant shall undergo |
medical testing to
determine whether the defendant has any |
sexually transmissible disease,
including a test for infection |
|
with human immunodeficiency virus (HIV) or
any other identified |
causative agent of acquired immunodeficiency syndrome
(AIDS). |
Any such medical test shall be performed only by appropriately
|
licensed medical practitioners and may include an analysis of |
any bodily
fluids as well as an examination of the defendant's |
person.
Except as otherwise provided by law, the results of |
such test shall be kept
strictly confidential by all medical |
personnel involved in the testing and must
be personally |
delivered in a sealed envelope to the judge of the court in |
which
the conviction was entered for the judge's inspection in |
camera. Acting in
accordance with the best interests of the |
victim and the public, the judge
shall have the discretion to |
determine to whom, if anyone, the results of the
testing may be |
revealed. The court shall notify the defendant
of the test |
results. The court shall
also notify the victim if requested by |
the victim, and if the victim is under
the age of 15 and if |
requested by the victim's parents or legal guardian, the
court |
shall notify the victim's parents or legal guardian of the test
|
results.
The court shall provide information on the |
availability of HIV testing
and counseling at Department of |
Public Health facilities to all parties to
whom the results of |
the testing are revealed and shall direct the State's
Attorney |
to provide the information to the victim when possible.
A |
State's Attorney may petition the court to obtain the results |
of any HIV test
administered under this Section, and the court |
shall grant the disclosure if
the State's Attorney shows it is |
relevant in order to prosecute a charge of
criminal |
transmission of HIV under Section 12-16.2 of the Criminal Code |
of 1961
against the defendant. The court shall order that the |
cost of any such test
shall be paid by the county and may be |
taxed as costs against the convicted
defendant.
|
(g-5) When an inmate is tested for an airborne communicable |
disease, as
determined by the Illinois Department of Public |
Health including but not
limited to tuberculosis, the results |
of the test shall be
personally delivered by the warden or his |
or her designee in a sealed envelope
to the judge of the court |
|
in which the inmate must appear for the judge's
inspection in |
camera if requested by the judge. Acting in accordance with the
|
best interests of those in the courtroom, the judge shall have |
the discretion
to determine what if any precautions need to be |
taken to prevent transmission
of the disease in the courtroom.
|
(h) Whenever a defendant is convicted of an offense under |
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
defendant shall undergo
medical testing to determine whether |
the defendant has been exposed to human
immunodeficiency virus |
(HIV) or any other identified causative agent of
acquired |
immunodeficiency syndrome (AIDS). Except as otherwise provided |
by
law, the results of such test shall be kept strictly |
confidential by all
medical personnel involved in the testing |
and must be personally delivered in a
sealed envelope to the |
judge of the court in which the conviction was entered
for the |
judge's inspection in camera. Acting in accordance with the |
best
interests of the public, the judge shall have the |
discretion to determine to
whom, if anyone, the results of the |
testing may be revealed. The court shall
notify the defendant |
of a positive test showing an infection with the human
|
immunodeficiency virus (HIV). The court shall provide |
information on the
availability of HIV testing and counseling |
at Department of Public Health
facilities to all parties to |
whom the results of the testing are revealed and
shall direct |
the State's Attorney to provide the information to the victim |
when
possible. A State's Attorney may petition the court to |
obtain the results of
any HIV test administered under this |
Section, and the court shall grant the
disclosure if the |
State's Attorney shows it is relevant in order to prosecute a
|
charge of criminal transmission of HIV under Section 12-16.2 of |
the Criminal
Code of 1961 against the defendant. The court |
shall order that the cost of any
such test shall be paid by the |
county and may be taxed as costs against the
convicted |
defendant.
|
(i) All fines and penalties imposed under this Section for |
any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
|
Vehicle Code, or a similar
provision of a local ordinance, and |
any violation
of the Child Passenger Protection Act, or a |
similar provision of a local
ordinance, shall be collected and |
disbursed by the circuit
clerk as provided under Section 27.5 |
of the Clerks of Courts Act.
|
(j) In cases when prosecution for any violation of Section |
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
Code of 1961, any violation of the Illinois Controlled |
Substances Act,
or any violation of the Cannabis Control Act , |
or any violation of the Methamphetamine Control and Community |
Protection Act results in conviction, a
disposition of court |
supervision, or an order of probation granted under
Section 10 |
of the Cannabis Control Act ,
or Section 410 of the Illinois
|
Controlled Substance Act , or Section 70 of the Methamphetamine |
Control and Community Protection Act of a defendant, the court |
shall determine whether the
defendant is employed by a facility |
or center as defined under the Child Care
Act of 1969, a public |
or private elementary or secondary school, or otherwise
works |
with children under 18 years of age on a daily basis. When a |
defendant
is so employed, the court shall order the Clerk of |
the Court to send a copy of
the judgment of conviction or order |
of supervision or probation to the
defendant's employer by |
certified mail.
If the employer of the defendant is a school, |
the Clerk of the Court shall
direct the mailing of a copy of |
the judgment of conviction or order of
supervision or probation |
to the appropriate regional superintendent of schools.
The |
regional superintendent of schools shall notify the State Board |
of
Education of any notification under this subsection.
|
(j-5) A defendant at least 17 years of age who is convicted |
of a felony and
who has not been previously convicted of a |
misdemeanor or felony and who is
sentenced to a term of |
imprisonment in the Illinois Department of Corrections
shall as |
a condition of his or her sentence be required by the court to |
attend
educational courses designed to prepare the defendant |
|
for a high school diploma
and to work toward a high school |
diploma or to work toward passing the high
school level Test of |
General Educational Development (GED) or to work toward
|
completing a vocational training program offered by the |
Department of
Corrections. If a defendant fails to complete the |
educational training
required by his or her sentence during the |
term of incarceration, the Prisoner
Review Board shall, as a |
condition of mandatory supervised release, require the
|
defendant, at his or her own expense, to pursue a course of |
study toward a high
school diploma or passage of the GED test. |
The Prisoner Review Board shall
revoke the mandatory supervised |
release of a defendant who wilfully fails to
comply with this |
subsection (j-5) upon his or her release from confinement in a
|
penal institution while serving a mandatory supervised release |
term; however,
the inability of the defendant after making a |
good faith effort to obtain
financial aid or pay for the |
educational training shall not be deemed a wilful
failure to |
comply. The Prisoner Review Board shall recommit the defendant
|
whose mandatory supervised release term has been revoked under |
this subsection
(j-5) as provided in Section 3-3-9. This |
subsection (j-5) does not apply to a
defendant who has a high |
school diploma or has successfully passed the GED
test. This |
subsection (j-5) does not apply to a defendant who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational or |
vocational program.
|
(k) A court may not impose a sentence or disposition for a
|
felony or misdemeanor that requires the defendant to be |
implanted or injected
with or to use any form of birth control.
|
(l) (A) Except as provided
in paragraph (C) of subsection |
(l), whenever a defendant,
who is an alien as defined by |
the Immigration and Nationality Act, is convicted
of any |
felony or misdemeanor offense, the court after sentencing |
the defendant
may, upon motion of the State's Attorney, |
hold sentence in abeyance and remand
the defendant to the |
custody of the Attorney General of
the United States or his |
|
or her designated agent to be deported when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under |
the Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct |
and would not be inconsistent with the ends of
justice.
|
Otherwise, the defendant shall be sentenced as |
provided in this Chapter V.
|
(B) If the defendant has already been sentenced for a |
felony or
misdemeanor
offense, or has been placed on |
probation under Section 10 of the Cannabis
Control Act ,
or
|
Section 410 of the Illinois Controlled Substances Act , or |
Section 70 of the Methamphetamine Control and Community |
Protection Act , the court
may, upon motion of the State's |
Attorney to suspend the
sentence imposed, commit the |
defendant to the custody of the Attorney General
of the |
United States or his or her designated agent when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under |
the Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct |
and would not be inconsistent with the ends of
justice.
|
(C) This subsection (l) does not apply to offenders who |
are subject to the
provisions of paragraph (2) of |
subsection (a) of Section 3-6-3.
|
(D) Upon motion of the State's Attorney, if a defendant |
sentenced under
this Section returns to the jurisdiction of |
the United States, the defendant
shall be recommitted to |
the custody of the county from which he or she was
|
sentenced.
Thereafter, the defendant shall be brought |
before the sentencing court, which
may impose any sentence |
that was available under Section 5-5-3 at the time of
|
initial sentencing. In addition, the defendant shall not be |
eligible for
additional good conduct credit for |
|
meritorious service as provided under
Section 3-6-6.
|
(m) A person convicted of criminal defacement of property |
under Section
21-1.3 of the Criminal Code of 1961, in which the |
property damage exceeds $300
and the property damaged is a |
school building, shall be ordered to perform
community service |
that may include cleanup, removal, or painting over the
|
defacement.
|
(n) The court may sentence a person convicted of a |
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
Code of 1961 (i) to an impact
incarceration program if the |
person is otherwise eligible for that program
under Section |
5-8-1.1, (ii) to community service, or (iii) if the person is |
an
addict or alcoholic, as defined in the Alcoholism and Other |
Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
program licensed under that
Act.
|
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; |
92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. |
8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, |
eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, |
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, |
eff. 1-1-05; 93-1014, eff. 1-1-05; revised 10-25-04.)
|
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
|
Sec. 5-5-3.2. Factors in Aggravation.
|
(a) The following factors shall be accorded weight in favor |
of
imposing a term of imprisonment or may be considered by the |
court as reasons
to impose a more severe sentence under Section |
5-8-1:
|
(1) the defendant's conduct caused or threatened |
serious harm;
|
(2) the defendant received compensation for committing |
the offense;
|
(3) the defendant has a history of prior delinquency or |
criminal activity;
|
(4) the defendant, by the duties of his office or by |
|
his position,
was obliged to prevent the particular offense |
committed or to bring
the offenders committing it to |
justice;
|
(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that |
office;
|
(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
|
(7) the sentence is necessary to deter others from |
committing
the same crime;
|
(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
|
(9) the defendant committed the offense against a |
person who is
physically handicapped or such person's |
property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" means heterosexuality, homosexuality, or |
bisexuality;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
|
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 12-12 of the Criminal Code
of 1961, |
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
|
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
|
students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
|
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal Code of
1961;
|
(16.5) the defendant committed an offense in violation |
|
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal
Code of 1961;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
1961;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act; or
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm.
|
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
|
|
(b) The following factors may be considered by the court as
|
reasons to impose an extended term sentence under Section 5-8-2
|
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
|
(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of voluntary |
manslaughter, second
degree murder, involuntary |
manslaughter or reckless homicide in which the
defendant |
has been convicted of causing the death of more than one |
individual; or
|
(4) When a defendant is convicted of any felony |
committed against:
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person physically handicapped at the time |
of the offense or
such person's property; or
|
(5) In the case of a defendant convicted of aggravated |
criminal sexual
assault or criminal sexual assault, when |
the court finds that
aggravated criminal sexual assault or |
criminal sexual assault
was also committed on the same |
victim by one or more other individuals,
and the defendant |
voluntarily participated in the crime with the knowledge
of |
the participation of the others in the crime, and the |
commission of the
crime was part of a single course of |
conduct during which there was no
substantial change in the |
|
nature of the criminal objective; or
|
(6) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
group:
|
(i) the brutalizing or torturing of humans or |
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
(7) When a defendant is convicted of first degree |
murder, after having
been previously convicted in Illinois |
of any offense listed under paragraph
(c)(2) of Section |
5-5-3, when such conviction has occurred within 10 years
|
after the previous conviction, excluding time spent in |
custody,
and such charges are separately brought and tried |
and arise out of
different series of acts; or
|
(8) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
(9) When a defendant is convicted of a felony violation |
of Section 24-1
of the Criminal Code of 1961 and the court |
finds that the defendant is a member
of an organized gang; |
or
|
|
(10) When a defendant committed the offense using a |
firearm with a
laser sight attached to it. For purposes of |
this paragraph (10), "laser sight"
has the meaning ascribed |
to it in Section 24.6-5 of the Criminal Code of
1961; or
|
(11) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(12) When a defendant commits an offense involving the |
illegal
manufacture of a controlled substance under |
Section 401 of the Illinois
Controlled Substances Act , the |
illegal manufacture of methamphetamine under Section 25 of |
the Methamphetamine Control and Community Protection Act,
|
or the illegal possession of explosives and an
emergency |
response
officer in
the performance of his or her duties is
|
killed or injured at the scene of the offense while |
responding to the
emergency caused by the commission of the |
offense.
In this paragraph (12),
"emergency" means a |
situation in which a person's life, health, or safety is
in |
jeopardy; and
"emergency response officer" means a peace |
officer, community policing
volunteer, fireman, emergency |
medical
technician-ambulance, emergency medical |
technician-intermediate, emergency
medical |
technician-paramedic, ambulance
driver, other medical |
assistance or first aid personnel, or hospital emergency
|
room personnel.
|
(b-1) For the purposes of this Section, "organized gang" |
has the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(c) The court may impose an extended term sentence under |
Section 5-8-2
upon any offender who was convicted of aggravated |
criminal sexual assault
or predatory criminal sexual assault of |
|
a child under subsection (a)(1) of
Section 12-14.1 of
the |
Criminal Code of 1961
where the victim was under 18 years of |
age at the time of the commission
of the offense.
|
(d) The court may impose an extended term sentence under |
Section 5-8-2 upon
any offender who was convicted of unlawful |
use of weapons under Section 24-1 of
the Criminal Code of 1961 |
for possessing a weapon that is not readily
distinguishable as |
one of the weapons enumerated in Section 24-1 of the
Criminal |
Code of 1961.
|
(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; |
91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; |
91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. |
4-13-00; 92-266, eff. 1-1-02.)
|
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
|
Sec. 5-6-2. Incidents of Probation and of Conditional |
Discharge.
|
(a) When an offender is sentenced to probation or |
conditional discharge,
the court shall impose a period under |
paragraph (b) of this Section, and
shall specify the conditions |
under Section 5-6-3.
|
(b) Unless terminated sooner as provided in paragraph (c) |
of this
Section or extended pursuant to paragraph (e) of this |
Section, the
period of probation or conditional discharge shall |
be as
follows:
|
(1) for a Class 1 or Class 2 felony, not to exceed 4 |
years;
|
(2) for a Class 3 or Class 4 felony, not to exceed 30 |
months;
|
(3) for a misdemeanor, not to exceed 2 years;
|
(4) for a petty offense, not to exceed 6 months.
|
Multiple terms of probation imposed at the same time shall |
run
concurrently.
|
(c) The court may at any time terminate probation or |
conditional
discharge if warranted by the conduct of the |
offender and the ends of
justice, as provided in Section 5-6-4.
|
|
(d) Upon the expiration or termination of the period of |
probation or
of conditional discharge, the court shall enter an |
order discharging the
offender.
|
(e) The court may extend any period of probation or |
conditional
discharge beyond the limits set forth in paragraph |
(b) of this Section upon
a violation of a condition of the |
probation or conditional discharge, for the
payment of an |
assessment required by Section 10.3 of the
Cannabis Control |
Act ,
or Section 411.2 of the Illinois Controlled
Substances |
Act , or Section 80 of the Methamphetamine Control and Community |
Protection Act , or for the payment of restitution as
provided |
by an order of restitution under Section 5-5-6 of this Code. |
(f) The court may impose a term of probation that is |
concurrent or consecutive to a term of imprisonment so long as |
the maximum term imposed does not exceed the maximum term |
provided under Article 8 of this Chapter. The court may provide |
that probation may commence while an offender is on mandatory |
supervised release, participating in a day release program, or |
being monitored by an electronic monitoring device.
|
(Source: P.A. 93-1014, eff. 1-1-05.)
|
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
|
Sec. 5-6-3. Conditions of Probation and of Conditional |
Discharge.
|
(a) The conditions of probation and of conditional |
discharge shall be
that the person:
|
(1) not violate any criminal statute of any |
jurisdiction;
|
(2) report to or appear in person before such person or |
agency as
directed by the court;
|
(3) refrain from possessing a firearm or other |
dangerous weapon;
|
(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
|
|
notification and approval of the person's probation
|
officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate |
Compact for Adult Offender Supervision;
|
(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
|
(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
|
was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized gang |
and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
shall
include, but not be limited to, the cleanup and |
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 and similar damage
to |
property located within the municipality or county in which |
the violation
occurred. When possible and reasonable, the |
community service should be
performed in the offender's |
neighborhood. For purposes of this Section,
"organized |
gang" has the meaning ascribed to it in Section 10 of the |
Illinois
Streetgang Terrorism Omnibus Prevention Act;
|
(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
|
misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare the |
defendant for a high school diploma
and to work toward a |
high school diploma or to work toward passing the high
|
school level Test of General Educational Development (GED) |
or to work toward
completing a vocational training program |
approved by the court. The person on
probation or |
|
conditional discharge must attend a public institution of
|
education to obtain the educational or vocational training |
required by this
clause (7). The court shall revoke the |
probation or conditional discharge of a
person who wilfully |
fails to comply with this clause (7). The person on
|
probation or conditional discharge shall be required to pay |
for the cost of the
educational courses or GED test, if a |
fee is charged for those courses or
test. The court shall |
resentence the offender whose probation or conditional
|
discharge has been revoked as provided in Section 5-6-4. |
This clause (7) does
not apply to a person who has a high |
school diploma or has successfully passed
the GED test. |
This clause (7) does not apply to a person who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational |
or vocational program;
|
(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act , the
or Illinois |
Controlled Substances Act , or the Methamphetamine Control |
and Community Protection Act
after a previous conviction or |
disposition of supervision for possession of a
substance |
prohibited by the Cannabis Control Act or Illinois |
Controlled
Substances Act or after a sentence of probation |
under Section 10 of the
Cannabis
Control Act ,
or Section |
410 of the Illinois Controlled Substances Act , or Section |
70 of the Methamphetamine Control and Community Protection |
Act and upon a
finding by the court that the person is |
addicted, undergo treatment at a
substance abuse program |
approved by the court;
|
(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
by a treatment provider approved by the Board and conducted
|
in conformance with the standards developed under the Sex
|
Offender Management Board Act; and
|
(9) if convicted of a felony, physically surrender at a |
|
time and place
designated by the court, his or her Firearm
|
Owner's Identification Card and
any and all firearms in
his |
or her possession.
|
(b) The Court may in addition to other reasonable |
conditions relating to the
nature of the offense or the |
rehabilitation of the defendant as determined for
each |
defendant in the proper discretion of the Court require that |
the person:
|
(1) serve a term of periodic imprisonment under Article |
7 for a
period not to exceed that specified in paragraph |
(d) of Section 5-7-1;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home;
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is convicted of a crime of |
violence as
defined in
Section 2 of the Crime Victims |
Compensation Act committed in a school, on the
real
|
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(8) make restitution as provided in Section 5-5-6 of |
this Code;
|
(9) perform some reasonable public or community |
|
service;
|
(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be that |
the offender:
|
(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
|
(ii) admit any person or agent designated by the |
court into the
offender's place of confinement at any |
time for purposes of verifying
the offender's |
compliance with the conditions of his confinement; and
|
(iii) if further deemed necessary by the court or |
the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
|
(iv) for persons convicted of any alcohol, |
cannabis or controlled
substance violation who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose a
reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the offender to pay the |
fee, the court assesses a lesser fee or no
fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee shall be
collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee to the county |
treasurer
for deposit in the substance abuse services |
fund under Section 5-1086.1 of
the Counties Code; and
|
(v) for persons convicted of offenses other than |
those referenced in
clause (iv) above and who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
|
impose
a reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the defendant to pay the |
fee, the court assesses a lesser fee or
no fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee
shall be collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee
to the county |
treasurer who shall use the monies collected to defray |
the
costs of corrections. The county treasurer shall |
deposit the fee
collected in the county working cash |
fund under Section 6-27001 or Section
6-29002 of the |
Counties Code, as the case may be.
|
(11) comply with the terms and conditions of an order |
of protection issued
by the court pursuant to the Illinois |
Domestic Violence Act of 1986,
as now or hereafter amended, |
or an order of protection issued by the court of
another |
state, tribe, or United States territory. A copy of the |
order of
protection shall be
transmitted to the probation |
officer or agency
having responsibility for the case;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred
by the program on the |
offender's case, not to exceed the maximum amount of
the |
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
|
offense for which the defendant was sentenced, to a "local |
anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act;
|
(14) refrain from entering into a designated |
geographic area except upon
such terms as the court finds |
appropriate. Such terms may include
consideration of the |
|
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of persons, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act ,
or the Illinois Controlled
Substances Act , or |
the Methamphetamine Control and Community Protection Act , |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug.
|
(c) The court may as a condition of probation or of |
conditional
discharge require that a person under 18 years of |
age found guilty of any
alcohol, cannabis or controlled |
substance violation, refrain from acquiring
a driver's license |
during
the period of probation or conditional discharge. If |
such person
is in possession of a permit or license, the court |
may require that
the minor refrain from driving or operating |
any motor vehicle during the
period of probation or conditional |
discharge, except as may be necessary in
the course of the |
minor's lawful employment.
|
(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
|
(e) Except where the offender has committed a fourth or |
subsequent
violation of subsection (c) of Section 6-303 of the |
Illinois Vehicle Code,
the court shall not require as a |
condition of the sentence of
probation or conditional discharge |
that the offender be committed to a
period of imprisonment in |
excess of 6 months.
This 6 month limit shall not include |
periods of confinement given pursuant to
a sentence of county |
|
impact incarceration under Section 5-8-1.2.
This 6 month limit |
does not apply to a person sentenced to probation as a
result |
of a conviction of a fourth or subsequent violation of |
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code |
or a similar provision of a
local ordinance.
|
Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
|
(f) The court may combine a sentence of periodic |
imprisonment under
Article 7 or a sentence to a county impact |
incarceration program under
Article 8 with a sentence of |
probation or conditional discharge.
|
(g) An offender sentenced to probation or to conditional |
discharge and
who during the term of either undergoes mandatory |
drug or alcohol testing,
or both, or is assigned to be placed |
on an approved electronic monitoring
device, shall be ordered |
to pay all costs incidental to such mandatory drug
or alcohol |
testing, or both, and all costs
incidental to such approved |
electronic monitoring in accordance with the
defendant's |
ability to pay those costs. The county board with
the |
concurrence of the Chief Judge of the judicial
circuit in which |
the county is located shall establish reasonable fees for
the |
cost of maintenance, testing, and incidental expenses related |
to the
mandatory drug or alcohol testing, or both, and all |
costs incidental to
approved electronic monitoring, involved |
in a successful probation program
for the county. The |
concurrence of the Chief Judge shall be in the form of
an |
administrative order.
The fees shall be collected by the clerk |
of the circuit court. The clerk of
the circuit court shall pay |
all moneys collected from these fees to the county
treasurer |
who shall use the moneys collected to defray the costs of
drug |
testing, alcohol testing, and electronic monitoring.
The |
county treasurer shall deposit the fees collected in the
county |
working cash fund under Section 6-27001 or Section 6-29002 of |
the
Counties Code, as the case may be.
|
(h) Jurisdiction over an offender may be transferred from |
|
the
sentencing court to the court of another circuit with the |
concurrence of
both courts. Further transfers or retransfers of
|
jurisdiction are also
authorized in the same manner. The court |
to which jurisdiction has been
transferred shall have the same |
powers as the sentencing court.
|
(i) The court shall impose upon an offender
sentenced to |
probation after January 1, 1989 or to conditional discharge
|
after January 1, 1992 or to community service under the |
supervision of a
probation or court services department after |
January 1, 2004, as a condition of such probation or |
conditional
discharge or supervised community service, a fee of |
$50
for each month of probation or
conditional
discharge |
supervision or supervised community service ordered by the |
court, unless after
determining the inability of the person |
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is made a |
ward of the State under the Juvenile Court Act of 1987
while |
the minor is in placement.
The fee shall be imposed only upon
|
an offender who is actively supervised by the
probation and |
court services
department. The fee shall be collected by the |
clerk
of the circuit court. The clerk of the circuit court |
shall pay all monies
collected from this fee to the county |
treasurer for deposit in the
probation and court services fund |
under Section 15.1 of the
Probation and Probation Officers Act.
|
A circuit court may not impose a probation fee under this |
subsection (i) in excess of $25
per month unless: (1) the |
circuit court has adopted, by administrative
order issued by |
the chief judge, a standard probation fee guide
determining an |
offender's ability to pay, under guidelines developed by
the |
Administrative
Office of the Illinois Courts; and (2) the |
circuit court has authorized, by
administrative order issued by |
the chief judge, the creation of a Crime
Victim's Services |
Fund, to be administered by the Chief Judge or his or
her |
designee, for services to crime victims and their families. Of |
the
amount collected as a probation fee, up to $5 of that fee
|
|
collected per month may be used to provide services to crime |
victims
and their families.
|
This amendatory Act of the 93rd General Assembly deletes |
the $10 increase in the fee under this subsection that was |
imposed by Public Act 93-616. This deletion is intended to |
control over any other Act of the 93rd General Assembly that |
retains or incorporates that fee increase. |
(i-5) In addition to the fees imposed under subsection (i) |
of this Section, in the case of an offender convicted of a |
felony sex offense (as defined in the Sex Offender Management |
Board Act) or an offense that the court or probation department |
has determined to be sexually motivated (as defined in the Sex |
Offender Management Board Act), the court or the probation |
department shall assess additional fees to pay for all costs of |
treatment, assessment, evaluation for risk and treatment, and |
monitoring the offender, based on that offender's ability to |
pay those costs either as they occur or under a payment plan. |
(j) All fines and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of the Child Passenger
Protection Act, or a similar |
provision of a local ordinance, shall be
collected and |
disbursed by the circuit clerk as provided under Section 27.5
|
of the Clerks of Courts Act.
|
(k) Any offender who is sentenced to probation or |
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the |
court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; |
92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. |
6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-616, |
|
eff. 1-1-04; 93-970, eff. 8-20-04.)
|
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
|
(a) When a defendant is placed on supervision, the court |
shall enter
an order for supervision specifying the period of |
such supervision, and
shall defer further proceedings in the |
case until the conclusion of the
period.
|
(b) The period of supervision shall be reasonable under all |
of the
circumstances of the case, but may not be longer than 2 |
years, unless the
defendant has failed to pay the assessment |
required by Section 10.3 of the
Cannabis Control Act ,
or
|
Section 411.2 of the Illinois Controlled
Substances Act, or |
Section 80 of the Methamphetamine Control and Community |
Protection Act, in which case the court may extend supervision |
beyond 2 years.
Additionally, the court shall order the |
defendant to perform no less than 30
hours of community service |
and not more than 120 hours of community service, if
community |
service is available in the
jurisdiction and is funded and |
approved by the county board where the offense
was committed,
|
when the offense (1) was
related to or in furtherance of the |
criminal activities of an organized gang or
was motivated by |
the defendant's membership in or allegiance to an organized
|
gang; or (2) is a violation of any Section of Article 24 of the |
Criminal
Code of 1961 where a disposition of supervision is not |
prohibited by Section
5-6-1 of this Code.
The
community service |
shall include, but not be limited to, the cleanup and repair
of |
any damage caused by violation of Section 21-1.3 of the |
Criminal Code of
1961 and similar damages to property located |
within the municipality or county
in which the violation |
occurred. Where possible and reasonable, the community
service |
should be performed in the offender's neighborhood.
|
For the purposes of this
Section, "organized gang" has the |
meaning ascribed to it in Section 10 of the
Illinois Streetgang |
Terrorism Omnibus Prevention Act.
|
(c) The court may in addition to other reasonable |
|
conditions
relating to the nature of the offense or the |
rehabilitation of the
defendant as determined for each |
defendant in the proper discretion of
the court require that |
the person:
|
(1) make a report to and appear in person before or |
participate with
the court or such courts, person, or |
social service agency as directed
by the court in the order |
of supervision;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical, psychological or psychiatric |
treatment; or
treatment for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) refrain from possessing a firearm or other |
dangerous weapon;
|
(8) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home; or
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is placed on supervision for a |
crime of violence as
defined in
Section 2 of the Crime |
Victims Compensation Act committed in a school, on the
|
real
property
comprising a school, or within 1,000 feet |
of the real property comprising a
school;
|
(9) make restitution or reparation in an amount not to |
exceed actual
loss or damage to property and pecuniary loss |
or make restitution under Section
5-5-6 to a domestic |
violence shelter. The court shall
determine the amount and |
|
conditions of payment;
|
(10) perform some reasonable public or community |
service;
|
(11) comply with the terms and conditions of an order |
of protection
issued by the court pursuant to the Illinois |
Domestic Violence Act of 1986 or
an order of protection |
issued by the court of another state, tribe, or United
|
States territory.
If the court has ordered the defendant to |
make a report and appear in
person under paragraph (1) of |
this subsection, a copy of the order of
protection shall be |
transmitted to the person or agency so designated
by the |
court;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7 of
the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred by the
program on the |
offender's case, not to exceed the maximum amount of the
|
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to
|
exceed the maximum amount of the fine authorized for the |
offense for which
the defendant was sentenced, to a "local |
anti-crime program", as defined
in Section 7 of the |
Anti-Crime Advisory Council Act;
|
(14) refrain from entering into a designated |
geographic area except
upon such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a |
probation officer;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of person, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act ,
or the Illinois Controlled
Substances Act , or |
|
the Methamphetamine Control and Community Protection Act , |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(17) refrain from operating any motor vehicle not |
equipped with an
ignition interlock device as defined in |
Section 1-129.1 of the Illinois
Vehicle Code. Under this |
condition the court may allow a defendant who is not
|
self-employed to operate a vehicle owned by the defendant's |
employer that is
not equipped with an ignition interlock |
device in the course and scope of the
defendant's |
employment.
|
(d) The court shall defer entering any judgment on the |
charges
until the conclusion of the supervision.
|
(e) At the conclusion of the period of supervision, if the |
court
determines that the defendant has successfully complied |
with all of the
conditions of supervision, the court shall |
discharge the defendant and
enter a judgment dismissing the |
charges.
|
(f) Discharge and dismissal upon a successful conclusion of |
a
disposition of supervision shall be deemed without |
adjudication of guilt
and shall not be termed a conviction for |
purposes of disqualification or
disabilities imposed by law |
upon conviction of a crime. Two years after the
discharge and |
dismissal under this Section, unless the disposition of
|
supervision was for a violation of Sections 3-707, 3-708, |
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
similar
provision of a local ordinance, or for a violation of |
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
case it shall be 5
years after discharge and dismissal, a |
person may have his record
of arrest sealed or expunged as may |
be provided by law. However, any
defendant placed on |
supervision before January 1, 1980, may move for
sealing or |
expungement of his arrest record, as provided by law, at any
|
time after discharge and dismissal under this Section.
A person |
placed on supervision for a sexual offense committed against a |
|
minor
as defined in subsection (g) of Section 5 of the Criminal |
Identification Act
or for a violation of Section 11-501 of the |
Illinois Vehicle Code or a
similar provision of a local |
ordinance
shall not have his or her record of arrest sealed or |
expunged.
|
(g) A defendant placed on supervision and who during the |
period of
supervision undergoes mandatory drug or alcohol |
testing, or both, or is
assigned to be placed on an approved |
electronic monitoring device, shall be
ordered to pay the costs |
incidental to such mandatory drug or alcohol
testing, or both, |
and costs incidental to such approved electronic
monitoring in |
accordance with the defendant's ability to pay those costs.
The |
county board with the concurrence of the Chief Judge of the |
judicial
circuit in which the county is located shall establish |
reasonable fees for
the cost of maintenance, testing, and |
incidental expenses related to the
mandatory drug or alcohol |
testing, or both, and all costs incidental to
approved |
electronic monitoring, of all defendants placed on |
supervision.
The concurrence of the Chief Judge shall be in the |
form of an
administrative order.
The fees shall be collected by |
the clerk of the circuit court. The clerk of
the circuit court |
shall pay all moneys collected from these fees to the county
|
treasurer who shall use the moneys collected to defray the |
costs of
drug testing, alcohol testing, and electronic |
monitoring.
The county treasurer shall deposit the fees |
collected in the
county working cash fund under Section 6-27001 |
or Section 6-29002 of the
Counties Code, as the case may be.
|
(h) A disposition of supervision is a final order for the |
purposes
of appeal.
|
(i) The court shall impose upon a defendant placed on |
supervision
after January 1, 1992 or to community service under |
the supervision of a
probation or court services department |
after January 1, 2004, as a condition
of supervision or |
supervised community service, a fee of $50 for
each month of |
supervision or supervised community service ordered by the
|
court, unless after
determining the inability of the person |
|
placed on supervision or supervised
community service to pay |
the
fee, the court assesses a lesser fee. The court may not |
impose the fee on a
minor who is made a ward of the State under |
the Juvenile Court Act of 1987
while the minor is in placement.
|
The fee shall be imposed only upon a
defendant who is actively |
supervised by the
probation and court services
department. The |
fee shall be collected by the clerk of the circuit court.
The |
clerk of the circuit court shall pay all monies collected from |
this fee
to the county treasurer for deposit in the probation |
and court services
fund pursuant to Section 15.1 of the |
Probation and
Probation Officers Act.
|
A circuit court may not impose a probation fee in excess of |
$25
per month unless: (1) the circuit court has adopted, by |
administrative
order issued by the chief judge, a standard |
probation fee guide
determining an offender's ability to pay, |
under guidelines developed by
the Administrative
Office of the |
Illinois Courts; and (2) the circuit court has authorized, by
|
administrative order issued by the chief judge, the creation of |
a Crime
Victim's Services Fund, to be administered by the Chief |
Judge or his or
her designee, for services to crime victims and |
their families. Of the
amount collected as a probation fee, not |
to exceed $5 of that fee
collected per month may be used to |
provide services to crime victims
and their families.
|
(j) All fines and costs imposed under this Section for any
|
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a
similar provision of a local ordinance, and any |
violation of the Child
Passenger Protection Act, or a similar |
provision of a local ordinance, shall
be collected and |
disbursed by the circuit clerk as provided under Section
27.5 |
of the Clerks of Courts Act.
|
(k) A defendant at least 17 years of age who is placed on |
supervision
for a misdemeanor in a county of 3,000,000 or more |
inhabitants
and who has not been previously convicted of a |
misdemeanor or felony
may as a condition of his or her |
supervision be required by the court to
attend educational |
courses designed to prepare the defendant for a high school
|
|
diploma and to work toward a high school diploma or to work |
toward passing the
high school level Test of General |
Educational Development (GED) or to work
toward completing a |
vocational training program approved by the court. The
|
defendant placed on supervision must attend a public |
institution of education
to obtain the educational or |
vocational training required by this subsection
(k). The |
defendant placed on supervision shall be required to pay for |
the cost
of the educational courses or GED test, if a fee is |
charged for those courses
or test. The court shall revoke the |
supervision of a person who wilfully fails
to comply with this |
subsection (k). The court shall resentence the defendant
upon |
revocation of supervision as provided in Section 5-6-4. This |
subsection
(k) does not apply to a defendant who has a high |
school diploma or has
successfully passed the GED test. This |
subsection (k) does not apply to a
defendant who is determined |
by the court to be developmentally disabled or
otherwise |
mentally incapable of completing the
educational or vocational |
program.
|
(l) The court shall require a defendant placed on |
supervision for
possession of a substance
prohibited by the |
Cannabis Control Act , the
or Illinois Controlled Substances |
Act , or the Methamphetamine Control and Community Protection |
Act
after a previous conviction or disposition of supervision |
for possession of a
substance prohibited by the Cannabis |
Control Act , the
or Illinois Controlled
Substances Act , or the |
Methamphetamine Control and Community Protection Act or a |
sentence of probation under Section 10 of the Cannabis
Control |
Act or Section 410 of the Illinois Controlled Substances Act
|
and after a finding by the court that the person is addicted, |
to undergo
treatment at a substance abuse program approved by |
the court.
|
(m) The Secretary of State shall require anyone placed on |
court supervision
for a
violation of Section 3-707 of the |
Illinois Vehicle Code or a similar provision
of a local |
ordinance
to give proof of his or her financial
responsibility |
|
as
defined in Section 7-315 of the Illinois Vehicle Code. The |
proof shall be
maintained by the individual in a manner |
satisfactory to the Secretary of State
for
a
minimum period of |
one year after the date the proof is first filed.
The proof |
shall be limited to a single action per arrest and may not be
|
affected by any post-sentence disposition. The Secretary of |
State shall
suspend the driver's license of any person
|
determined by the Secretary to be in violation of this |
subsection. |
(n) Any offender placed on supervision for any offense that |
the court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; |
92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-970, eff. |
8-20-04.)
|
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
Sec. 5-8-4. Concurrent and Consecutive Terms of |
Imprisonment.
|
(a) When multiple sentences of imprisonment are imposed on |
a
defendant at the same time, or when a term of imprisonment is
|
imposed on a defendant who is already subject to sentence in
|
this State or in another state, or for a sentence imposed by
|
any district court of the United States, the sentences shall
|
run concurrently or consecutively as determined by the court.
|
When a term of imprisonment is imposed on a defendant by an |
Illinois circuit
court and the defendant is subsequently |
sentenced to a term of imprisonment
by another state or by a |
district court of the United States, the Illinois
circuit court |
which imposed the sentence may order that the Illinois sentence
|
be made concurrent with the sentence imposed by the other state |
or district
court of the United States. The defendant must |
|
apply to the circuit court
within 30 days after the defendant's |
sentence imposed by the other state
or district of the United |
States is finalized.
The court shall impose consecutive |
sentences if:
|
(i) one of the offenses for which
defendant was |
convicted was first degree murder or a Class X or Class 1 |
felony
and the
defendant inflicted severe bodily injury, or
|
(ii) the defendant was
convicted of a violation of |
Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
|
1961, or
|
(iii) the defendant was convicted of armed violence |
based upon
the predicate offense of solicitation of murder, |
solicitation of murder for
hire, heinous battery, |
aggravated battery of a senior citizen, criminal sexual
|
assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control
Act, cannabis trafficking, a violation of |
subsection (a) of Section 401 of
the Illinois Controlled |
Substances Act, controlled substance trafficking
involving |
a Class X felony amount of controlled substance under |
Section 401 of
the Illinois Controlled Substances Act, a |
violation of the Methamphetamine Control and Community |
Protection Act,
calculated criminal drug conspiracy, or |
streetgang criminal drug
conspiracy, or
|
(iv) the defendant was convicted of the offense of |
leaving the
scene of a motor vehicle accident involving |
death or personal
injuries under Section 11-401 and either: |
(A) aggravated driving under the
influence of alcohol, |
other drug or drugs, or intoxicating compound
or compounds, |
or any combination thereof under Section 11-501 of
the |
Illinois Vehicle Code, or (B) reckless homicide under |
Section 9-3 of
the Criminal Code of 1961, or both an |
offense described in subdivision (A) and
an offense |
described in subdivision (B), or |
(v) the defendant was convicted of a violation of |
Section 9-3.1 (concealment of homicidal death) or Section |
12-20.5 (dismembering a human body) of the Criminal Code of |
|
1961,
|
in which event the
court shall enter sentences to run |
consecutively. Sentences shall
run concurrently unless |
otherwise specified by the court.
|
(b) Except in cases where consecutive sentences are |
mandated, the court
shall impose concurrent sentences unless,
|
having regard to the nature and circumstances of the offense
|
and the history and character of the defendant, it is of the
|
opinion that consecutive sentences are required to
protect the |
public
from further criminal conduct by the defendant, the |
basis for
which the court shall set forth in the record.
|
(c) (1) For sentences imposed under law in effect prior to
|
February 1, 1978 the aggregate
maximum of consecutive |
sentences shall not exceed the maximum
term authorized |
under Section 5-8-1 for the 2 most serious
felonies |
involved. The aggregate minimum period of consecutive
|
sentences shall not exceed the highest minimum term |
authorized
under Section 5-8-1 for the 2 most serious |
felonies involved.
When sentenced only for misdemeanors, a |
defendant shall not
be consecutively sentenced to more than |
the maximum for one
Class A misdemeanor.
|
(2) For sentences imposed under the law
in effect on or |
after February 1, 1978, the aggregate
of consecutive |
sentences for offenses that were committed as part of a |
single
course of conduct during which there was no |
substantial change in the nature of
the criminal objective |
shall not exceed the sum of the
maximum terms authorized |
under Section 5-8-2 for the 2 most
serious felonies |
involved, but no such limitation shall apply for offenses
|
that were not committed as part of a single course of |
conduct during which
there was no substantial change in the |
nature of the criminal objective.
When sentenced only for |
misdemeanors,
a defendant shall not be consecutively |
sentenced to more than
the maximum for one Class A |
misdemeanor.
|
(d) An offender serving a sentence for a misdemeanor who is
|
|
convicted of a felony and sentenced to imprisonment shall be
|
transferred to the Department of Corrections, and the
|
misdemeanor sentence shall be merged in and run concurrently
|
with the felony sentence.
|
(e) In determining the manner in which consecutive |
sentences
of imprisonment, one or more of which is for a |
felony, will be
served, the Department of Corrections shall |
treat the offender
as though he had been committed for a single |
term with the
following incidents:
|
(1) the maximum period of a term of imprisonment shall
|
consist of the aggregate of the maximums of the imposed
|
indeterminate terms, if any, plus the aggregate of the
|
imposed determinate sentences for felonies plus
the |
aggregate of the imposed determinate sentences for |
misdemeanors
subject to paragraph (c) of this Section;
|
(2) the parole or mandatory supervised release term |
shall be
as provided in paragraph (e) of Section 5-8-1 of |
this Code for
the most serious of the offenses involved;
|
(3) the minimum period of imprisonment shall be the
|
aggregate of the minimum and determinate periods of |
imprisonment
imposed by the court, subject to paragraph (c) |
of this Section; and
|
(4) the offender shall be awarded credit against the
|
aggregate maximum term and the aggregate minimum term of
|
imprisonment for all time served in an institution since |
the
commission of the offense or offenses and as a |
consequence
thereof at the rate specified in Section 3-6-3 |
of this Code.
|
(f) A sentence of an offender committed to the Department |
of
Corrections at the time of the commission of the offense |
shall be served
consecutive to the sentence under which he is |
held by the Department of
Corrections. However, in case such |
offender shall be sentenced to
punishment by death, the |
sentence shall be executed at such time as the
court may fix |
without regard to the sentence under which such offender
may be |
held by the Department.
|
|
(g) A sentence under Section 3-6-4 for escape or attempted |
escape
shall be served consecutive to the terms under which the |
offender is
held by the Department of Corrections.
|
(h) If a person charged with a felony commits a separate |
felony while
on pre-trial release or in pretrial detention in a |
county jail facility
or county detention facility, the |
sentences imposed upon conviction of these
felonies shall be |
served consecutively regardless of the order in which the
|
judgments of conviction are entered.
|
(i) If a person admitted to bail following conviction of a |
felony
commits a separate felony while free on bond or if a |
person detained in a
county jail facility or county detention |
facility following conviction of a
felony commits a separate |
felony while in detention, any sentence following
conviction of |
the separate felony shall be consecutive to that of the
|
original sentence for which the defendant was on bond or |
detained.
|
(Source: P.A. 92-16, eff. 6-28-01; 92-674, eff. 1-1-03; 93-160, |
eff. 7-10-03; 93-768, eff. 7-20-04.)
|
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
|
Sec. 5-9-1. Authorized fines.
|
(a) An offender may be sentenced to pay a
fine which shall |
not exceed for each offense:
|
(1) for a felony, $25,000 or the amount specified in |
the
offense,
whichever is greater, or where the offender is |
a corporation, $50,000 or
the amount specified in the |
offense, whichever is greater;
|
(2) for a Class A misdemeanor, $2,500 or the amount
|
specified in the
offense, whichever is greater;
|
(3) for a Class B or Class C misdemeanor, $1,500;
|
(4) for a petty offense, $1,000 or the amount specified |
in
the offense,
whichever is less;
|
(5) for a business offense, the amount specified in the |
statute defining
that offense.
|
(b) A fine may be imposed in addition to a sentence of |
|
conditional
discharge, probation, periodic imprisonment, or |
imprisonment.
|
(c) There shall be added to every fine imposed in |
sentencing for a
criminal or traffic offense, except an offense |
relating to parking or
registration, or offense by a |
pedestrian, an additional penalty of $5 for
each $40, or |
fraction thereof, of fine imposed.
The additional penalty of $5 |
for each $40, or fraction thereof, of fine
imposed, if not |
otherwise assessed, shall also be added to every fine
imposed |
upon a plea of guilty, stipulation of facts or findings of |
guilty,
resulting in a judgment of conviction, or order of |
supervision in criminal,
traffic, local ordinance, county |
ordinance, and conservation cases (except
parking, |
registration, or pedestrian violations), or upon
a sentence of |
probation without entry of judgment under Section 10 of the
|
Cannabis Control Act ,
or Section 410 of the Controlled |
Substances Act , or Section 70 of the Methamphetamine Control |
and Community Protection Act .
|
Such additional amounts shall be assessed by the court |
imposing
the fine and shall be collected by the Circuit Clerk |
in addition to the
fine and costs in the case. Each such |
additional penalty shall be
remitted by the Circuit Clerk |
within one month after receipt to the State
Treasurer. The |
State Treasurer shall deposit $1 for each $40, or fraction
|
thereof, of fine imposed into the LEADS Maintenance Fund. The |
remaining
surcharge amount shall be deposited into the Traffic |
and Criminal Conviction
Surcharge
Fund, unless the fine, costs |
or additional amounts are subject to
disbursement by the |
circuit clerk under Section 27.5 of the Clerks of
Courts Act. |
Such additional penalty shall not be considered a part of the |
fine
for purposes of any reduction in the fine for time served |
either before or
after sentencing.
Not later than March 1 of |
each year the Circuit Clerk
shall submit a report of the amount |
of funds remitted to the State
Treasurer under this subsection |
(c) during the preceding calendar year.
Except as otherwise |
provided by Supreme Court Rules, if a court in imposing
a fine |
|
against an offender levies a gross
amount for fine, costs, fees |
and penalties, the amount of the additional
penalty provided |
for herein shall be computed on the amount remaining after
|
deducting from the gross amount levied all fees of the Circuit |
Clerk, the
State's Attorney and the Sheriff. After deducting |
from the gross amount
levied the fees and additional penalty |
provided for herein, less any other
additional penalties |
provided by law, the clerk shall remit the net balance
|
remaining to the entity authorized by law to receive the fine |
imposed in
the case. For purposes of this Section "fees of the |
Circuit Clerk" shall
include, if applicable, the fee provided |
for under Section 27.3a of the
Clerks of Courts Act and the |
fee, if applicable, payable to the county in
which the |
violation occurred pursuant to Section 5-1101 of the Counties |
Code.
|
(c-5) In addition to the fines imposed by subsection (c), |
any person
convicted or receiving an order of supervision for |
driving under the influence
of alcohol or drugs shall pay an |
additional $100 fee to the clerk.
This
additional fee, less 2 |
1/2% that shall be
used to defray administrative costs incurred |
by the clerk, shall be remitted by
the clerk to the Treasurer |
within 60 days after receipt for deposit into the
Trauma Center |
Fund. This additional fee of $100 shall not be
considered a |
part of
the
fine for purposes of any reduction in the fine for |
time served either before or
after sentencing.
Not later than |
March 1 of each year the Circuit Clerk
shall submit a report of |
the amount of funds remitted to the State
Treasurer under this |
subsection (c-5) during the preceding calendar year.
|
The Circuit Clerk may accept payment of fines and costs by |
credit card
from an offender who has been convicted of a |
traffic offense, petty offense
or misdemeanor and may charge |
the service fee permitted where fines and
costs are paid by |
credit card provided for in Section 27.3b of the Clerks
of |
Courts Act.
|
(c-7) In addition to the fines imposed by subsection (c), |
any person
convicted or receiving an order of supervision for |
|
driving under the influence
of alcohol or drugs shall pay an |
additional $5 fee to the clerk. This
additional fee, less 2 |
1/2% that shall be
used to defray administrative costs incurred |
by the clerk, shall be remitted by
the clerk to the Treasurer |
within 60 days after receipt for deposit into the
Spinal Cord |
Injury Paralysis Cure Research Trust Fund. This additional fee |
of
$5 shall not be
considered a part of
the
fine for purposes |
of any reduction in the fine for time served either before or
|
after sentencing.
Not later than March 1 of each year the |
Circuit Clerk
shall submit a report of the amount of funds |
remitted to the State
Treasurer under this subsection (c-7) |
during the preceding calendar year.
|
(c-9) There shall be added to every fine imposed in |
sentencing for a
criminal or
traffic offense, except an offense |
relating to parking or registration, or
offense by a
|
pedestrian, an additional penalty of $4 imposed. The additional |
penalty of $4
shall
also be added to every fine imposed upon a |
plea of guilty, stipulation of
facts
or findings
of guilty, |
resulting in a judgment of conviction, or order of supervision |
in
criminal,
traffic, local ordinance, county ordinance, or |
conservation cases (except
parking,
registration, or |
pedestrian violations), or upon a sentence of probation
without |
entry of
judgment under Section 10 of the Cannabis Control Act ,
|
or Section 410 of the
Controlled
Substances Act , or Section 70 |
of the Methamphetamine Control and Community Protection Act . |
Such additional penalty of $4 shall be assessed by the court
|
imposing
the fine and shall be collected by the circuit clerk |
in addition to any other
fine, costs, fees,
and penalties in |
the case. Each such additional penalty of $4 shall be
remitted |
to the State Treasurer by the
circuit clerk within one month |
after receipt. The State
Treasurer
shall deposit the additional |
penalty of $4 into the Traffic and Criminal
Conviction
|
Surcharge Fund. The additional penalty of $4 shall be in |
addition to any other
fine,
costs, fees, and penalties and |
shall not reduce or affect the distribution of
any other fine,
|
costs, fees, and penalties.
|
|
(d) In determining the amount and method of payment of a |
fine, except
for those fines established for violations of |
Chapter 15 of the Illinois
Vehicle Code, the court shall |
consider:
|
(1) the financial resources and future ability of the |
offender to pay
the fine; and
|
(2) whether the fine will prevent the offender from |
making court ordered
restitution or reparation to the |
victim of the offense; and
|
(3) in a case where the accused is a dissolved |
corporation and the
court has appointed counsel to |
represent the corporation, the costs
incurred either by the |
county or the State for such representation.
|
(e) The court may order the fine to be paid forthwith or |
within a
specified period of time or in installments.
|
(f) All fines, costs and additional amounts imposed under |
this Section
for any violation of Chapters 3, 4, 6, and 11 of |
the Illinois Vehicle Code,
or a similar provision of a local |
ordinance, and any violation of the Child
Passenger Protection |
Act, or a similar provision of a local ordinance,
shall be |
collected and disbursed by the circuit clerk as provided under
|
Section 27.5 of the Clerks of Courts Act.
|
(Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
|
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
|
Sec. 5-9-1.1. Drug related offenses.
|
(a) When a person has been adjudged guilty of a drug |
related
offense involving possession or delivery of cannabis or |
possession or delivery
of a controlled substance as defined in |
the Cannabis Control Act, as amended,
or the Illinois |
Controlled Substances Act, or the Methamphetamine Control and |
Community Protection Act
as amended , in addition to any
other |
penalty imposed, a fine shall be levied by the court at not |
less than
the full street value of the cannabis or controlled |
substances seized.
|
"Street value" shall be determined by the court on the |
|
basis of testimony
of law enforcement personnel and the |
defendant as to the amount seized and
such testimony as may be |
required by the court as to the current street
value of the |
cannabis or controlled substance seized.
|
(b) In addition to any penalty imposed under subsection (a) |
of this
Section, a fine of $100 shall be levied by the court, |
the proceeds of which
shall be collected by the Circuit Clerk |
and remitted to the State Treasurer
under Section 27.6 of the |
Clerks of Courts Act for deposit into the Trauma
Center Fund |
for distribution as provided under Section 3.225 of the |
Emergency
Medical Services (EMS) Systems Act.
|
(c) In addition to any penalty imposed under subsection (a) |
of this
Section, a fee of $5 shall be assessed by the court, |
the proceeds of which
shall be collected by the Circuit Clerk |
and remitted to the State Treasurer
under Section 27.6 of the |
Clerks of Courts Act for deposit into the Spinal Cord
Injury |
Paralysis Cure Research Trust Fund.
This additional fee of $5 |
shall not be considered a part of the fine for
purposes of any |
reduction in the fine for time served either before or after
|
sentencing.
|
(Source: P.A. 92-431, eff. 1-1-02.)
|
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
|
Sec. 5-9-1.2. (a) Twelve and one-half percent of all |
amounts collected
as fines pursuant to Section 5-9-1.1 shall be |
paid into the Youth Drug
Abuse Prevention Fund, which is hereby |
created in the State treasury, to be
used by the Department of |
Human Services
for the funding of
programs and services for |
drug-abuse treatment, and prevention and
education services, |
for juveniles.
|
(b) Eighty-seven and one-half percent of the proceeds of |
all fines
received pursuant to Section 5-9-1.1 shall be |
transmitted to and deposited
in the treasurer's office at the |
level of government as follows:
|
(1) If such seizure was made by a combination of law |
enforcement
personnel representing differing units of |
|
local government, the court
levying the fine shall |
equitably allocate 50% of the fine among these units
of |
local government and shall allocate 37 1/2% to the county |
general
corporate fund. In the event that the seizure was |
made by law enforcement
personnel representing a unit of |
local government from a municipality where
the number of |
inhabitants exceeds 2 million in population, the court
|
levying the fine shall allocate 87 1/2% of the fine to that |
unit of local
government. If the seizure was made by a |
combination of law enforcement
personnel representing |
differing units of local government, and at least
one of |
those units represents a municipality where the number of
|
inhabitants exceeds 2 million in population, the court |
shall equitably
allocate 87 1/2% of the proceeds of the |
fines received among the differing
units of local |
government.
|
(2) If such seizure was made by State law enforcement |
personnel, then
the court shall allocate 37 1/2% to the |
State treasury and 50% to the
county general corporate |
fund.
|
(3) If a State law enforcement agency in combination |
with a law
enforcement agency or agencies of a unit or |
units of local government
conducted the seizure, the court |
shall equitably allocate 37 1/2% of the
fines to or among |
the law enforcement agency or agencies of the unit or
units |
of local government which conducted the seizure and shall |
allocate
50% to the county general corporate fund.
|
(c) The proceeds of all fines allocated to the law |
enforcement agency or
agencies of the unit or units of local |
government pursuant to subsection
(b) shall be made available |
to that law enforcement agency as expendable
receipts for use |
in the enforcement of laws regulating controlled
substances and |
cannabis. The proceeds of fines awarded to the State
treasury |
shall be deposited in a special fund known as the Drug Traffic
|
Prevention Fund. Monies from this fund may be used by the |
Department of
State Police for use in the enforcement of laws |
|
regulating controlled
substances and cannabis; to satisfy |
funding provisions of the
Intergovernmental Drug Laws |
Enforcement Act; and to defray costs and
expenses
associated |
with returning violators of the Cannabis Control Act ,
and the
|
Illinois Controlled Substances Act , and the Methamphetamine |
Control and Community Protection Act only, as provided in those |
Acts, when
punishment of the crime shall be confinement of the |
criminal in the
penitentiary. Moneys in the Drug Traffic |
Prevention Fund deposited from
fines
awarded
as a direct result |
of enforcement efforts of the Illinois Conservation Police
may |
be used by the Department of Natural Resources Office of Law
|
Enforcement for use in enforcing laws regulating controlled |
substances
and cannabis on Department of Natural Resources |
regulated lands and
waterways. All other monies shall be paid |
into the general revenue
fund in the State treasury.
|
(Source: P.A. 92-601, eff. 7-1-02.)
|
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
|
Sec. 5-9-1.4. (a) "Crime laboratory" means any |
not-for-profit
laboratory registered with the Drug Enforcement |
Administration of the
United States Department of Justice, |
substantially funded by a unit or
combination of units of local |
government or the State of Illinois, which
regularly employs at |
least one person engaged in the analysis
of controlled |
substances, cannabis , methamphetamine, or steroids for |
criminal justice
agencies in criminal matters and provides |
testimony with respect to such
examinations.
|
(b) When a person has been adjudged guilty of an offense in |
violation of
the Cannabis Control Act, the Illinois Controlled |
Substances Act , the Methamphetamine Control and Community |
Protection Act, or the
Steroid Control Act, in addition to any |
other disposition, penalty or fine
imposed, a criminal |
laboratory analysis fee of $100 for each
offense for
which he |
was convicted shall be levied by the court. Any person placed |
on
probation pursuant to Section 10 of the Cannabis Control |
Act, Section 410
of the Illinois Controlled Substances Act , |
|
Section 70 of the Methamphetamine Control and Community |
Protection Act, or Section 10 of the Steroid
Control Act or |
placed on supervision for a violation of the Cannabis
Control |
Act, the Illinois Controlled Substances Act or the Steroid |
Control
Act shall be assessed a criminal laboratory analysis |
fee of $100
for each
offense for which he was charged.
Upon |
verified petition of the person, the court may suspend payment |
of
all or part of the fee if it finds that the person does not |
have the ability
to pay the fee.
|
(c) In addition to any other disposition made pursuant to |
the provisions
of the Juvenile Court Act of 1987, any minor |
adjudicated delinquent for an
offense
which if committed by an |
adult would constitute a violation of the Cannabis
Control Act, |
the Illinois Controlled Substances Act , the Methamphetamine |
Control and Community Protection Act, or the Steroid Control
|
Act shall be assessed a criminal laboratory analysis fee of |
$100
for each
adjudication.
Upon verified petition of the |
minor, the court may suspend payment of
all or part of the fee |
if it finds that the minor does not have the ability
to pay the |
fee.
The parent, guardian or legal custodian of the minor may |
pay
some or all of such fee on the minor's behalf.
|
(d) All criminal laboratory analysis fees provided for by |
this Section shall
be collected by the clerk of the court and |
forwarded to the appropriate
crime laboratory fund as provided |
in subsection (f).
|
(e) Crime laboratory funds shall be established as follows:
|
(1) Any unit of local government which maintains a |
crime laboratory may
establish a crime laboratory fund |
within the office of the county or municipal treasurer.
|
(2) Any combination of units of local government which |
maintains a crime
laboratory may establish a crime |
laboratory fund within the office of the
treasurer of the |
county where the crime laboratory is situated.
|
(3) The State Crime Laboratory Fund is hereby
created |
as a special fund in the State Treasury.
|
(f) The analysis fee provided for in subsections (b) and |
|
(c) of this
Section shall be forwarded to the office of the |
treasurer of the unit of
local government that performed the |
analysis if that unit of local
government has established a |
crime laboratory fund, or to the State Crime
Laboratory Fund if |
the analysis was performed by a laboratory operated by
the |
Illinois State Police. If the analysis was performed by a crime
|
laboratory funded by a combination of units of local |
government, the
analysis fee shall be forwarded to the |
treasurer of the
county where the crime laboratory is situated |
if a crime laboratory fund
has been established in that county. |
If the unit of local government or
combination of units of |
local government has not established a crime
laboratory fund, |
then the analysis fee shall be forwarded to the State
Crime |
Laboratory Fund. The clerk of the circuit
court may retain the |
amount of $10 from each collected analysis fee
to
offset |
administrative costs incurred in carrying out the clerk's
|
responsibilities under this Section.
|
(g) Fees deposited into a crime laboratory fund created |
pursuant to
paragraphs (1) or (2) of subsection (e) of this |
Section shall be in
addition to any allocations made pursuant |
to existing law and shall be
designated for the exclusive use |
of the crime laboratory. These uses may
include, but are not |
limited to, the following:
|
(1) costs incurred in providing analysis for |
controlled substances in
connection with criminal |
investigations conducted within this State;
|
(2) purchase and maintenance of equipment for use in |
performing analyses; and
|
(3) continuing education, training and professional |
development of
forensic
scientists regularly employed by |
these laboratories.
|
(h) Fees deposited in the State Crime Laboratory Fund |
created pursuant
to paragraph (3) of subsection (d) of this |
Section shall be used by State
crime laboratories as designated |
by the Director of State Police. These
funds shall be in |
addition to any allocations made pursuant to existing law
and |
|
shall be designated for the exclusive use of State crime |
laboratories.
These uses may include those enumerated in |
subsection (g) of this Section.
|
(Source: P.A. 92-312, eff. 1-1-02.)
|
Section 1115. The Code of Civil Procedure is amended by |
changing Sections 9-118 and 12-903.5 as follows:
|
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
|
Sec. 9-118. Emergency housing eviction proceedings.
|
(a) As used in this Section:
|
"Cannabis" has the meaning ascribed to that term in the |
Cannabis Control Act.
|
"Narcotics" and "controlled substance" have the meanings |
ascribed to those
terms in the Illinois Controlled Substances |
Act.
|
(b) This Section applies only if all of the following |
conditions are
met:
|
(1) The complaint seeks possession of premises that are
|
owned or managed by a housing authority established under |
the Housing
Authorities Act or privately owned and managed.
|
(2) The verified complaint alleges that there is direct
|
evidence of any of the following:
|
(A) unlawful possessing, serving, storing, |
manufacturing, cultivating,
delivering, using, |
selling, giving away, or
trafficking in cannabis, |
methamphetamine, narcotics, or controlled substances
|
within or upon the premises by or with the knowledge |
and consent of, or in
concert with the person or |
persons named in the complaint; or
|
(B) the possession, use, sale, or delivery of a |
firearm which is
otherwise prohibited by State law
|
within or upon the premises by or with the
knowledge |
and consent of, or in concert with, the person or |
persons named in
the complaint; or
|
(C) murder, attempted murder, kidnapping, |
|
attempted kidnapping, arson,
attempted arson, |
aggravated battery, criminal sexual
assault, attempted |
criminal sexual assault, aggravated criminal sexual |
assault,
predatory criminal sexual assault of a child, |
or criminal sexual abuse
within or upon the premises by |
or with the
knowledge and consent of, or in concert |
with, the person or persons named in
the complaint.
|
(3) Notice by verified complaint setting forth the |
relevant facts, and a
demand for possession of the type |
specified in Section 9-104 is served on
the tenant or |
occupant of the premises at least 14 days before a hearing |
on
the complaint is held, and proof of service of the |
complaint is submitted
by the plaintiff to the court.
|
(b-5) In all actions brought under this Section 9-118, no |
predicate notice
of termination or demand for possession shall |
be required to initiate an
eviction action.
|
(c) When a complaint has been filed under this Section, a |
hearing on the
complaint shall be scheduled on any day after |
the expiration of 14 days
following the filing of the |
complaint. The summons shall advise the defendant
that a |
hearing on the complaint shall be held at the specified date |
and time,
and that the defendant should be prepared to present |
any evidence on his or her
behalf at that time.
|
If a plaintiff which is a public housing authority accepts
|
rent from the defendant after an action is initiated under this
|
Section, the acceptance of rent shall not be a cause for |
dismissal of the
complaint.
|
(d) If the defendant does not appear at the hearing, |
judgment for
possession of the premises in favor of the |
plaintiff shall be entered by
default. If the defendant |
appears, a trial shall be held immediately as is
prescribed in |
other proceedings for possession. The matter shall not be
|
continued beyond 7 days from the date set for the first hearing |
on the
complaint except by agreement of both the plaintiff and |
the defendant. After a
trial, if the court finds, by a |
preponderance of the evidence, that the
allegations in the |
|
complaint have been proven, the court shall enter judgment
for |
possession of the premises in favor of the plaintiff and the |
court shall
order that the plaintiff shall be entitled to |
re-enter the premises
immediately.
|
(d-5) If cannabis, methamphetamine, narcotics, or |
controlled substances are found or used
anywhere in the |
premises, there is a rebuttable presumption either (1) that the
|
cannabis, methamphetamine,
narcotics, or controlled substances |
were used or possessed by a tenant
or occupant or (2) that a |
tenant or occupant permitted the premises to be used
for
that |
use or possession, and knew or should have reasonably known |
that the
substance was used or possessed.
|
(e) A judgment for possession entered under this Section |
may not be
stayed for any period in excess of 7 days by the |
court. Thereafter the
plaintiff shall be entitled to re-enter |
the premises immediately. The sheriff
or other lawfully |
deputized officers shall give priority to service and
execution |
of orders entered under this Section over other possession |
orders.
|
(f) This Section shall not be construed to prohibit the use |
or possession
of cannabis, methamphetamine, narcotics, or a |
controlled substance that has been legally
obtained in |
accordance with a valid prescription for the personal use of a
|
lawful occupant of a dwelling unit.
|
(Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98; |
91-504, eff. 8-13-99.)
|
(735 ILCS 5/12-903.5)
|
Sec. 12-903.5. Drug asset forfeitures.
|
(a) The homestead exemption under this Part 9 of Article |
XII does not apply
to property subject to forfeiture under |
Section 505 of the Illinois Controlled
Substances Act, Section |
12 of the Cannabis Control Act, Section 85 of the |
Methamphetamine Control and Community Protection Act, or |
Section 5 of the
Narcotics Profit Forfeiture Act.
|
(b) This Section applies to actions pending on or commenced |
|
on or after the
effective date of this Section.
|
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
|
Section 1120. The Cannabis and Controlled Substances Tort |
Claims Act is amended by changing Sections 2, 4, and 6 as |
follows:
|
(740 ILCS 20/2) (from Ch. 70, par. 902)
|
Sec. 2. Findings and intent.
|
(a) The General Assembly finds
that the abuse of cannabis |
and controlled substances:
|
(1) greatly increases incidents involving crimes of |
violence and threats
of crimes of violence;
|
(2) causes death or severe and often irreversible
|
injuries to newborn children;
|
(3) accounts for the commission of the
majority of |
property crimes committed within this State;
|
(4) causes motor vehicle, job related, and numerous |
other types of
accidents that frequently result in death or |
permanent injuries;
|
(5) contributes to the disintegration of the family;
|
(6) interferes with the duty of parents and legal |
guardians to provide
for the physical, mental, and |
emotional well-being of their unemancipated
children and |
with the rights of parents and legal guardians to raise the
|
children free from the physical, mental, and emotional |
trauma that is
caused by the abuse of cannabis and |
controlled substances;
|
(7) encourages and fosters the growth of
urban gangs |
engaged in violent and nonviolent crime;
|
(8) furthers the interests of elements of organized |
criminals;
|
(9) increases the dropout, truancy, and failure rates |
of children
attending schools within this State;
|
(10) stifles educational opportunities for both drug |
users and nonusers;
|
|
(11) contributes to the unemployment rate within this |
State;
|
(12) reduces the productivity of employees, retards |
competitiveness
within the established business community, |
and hinders the formation and
growth of new businesses;
|
(13) reduces the value of real property;
|
(14) costs the citizens of this State billions of |
dollars in federal,
State, and local taxes for increased |
costs for law enforcement, welfare, and education;
|
(15) costs the citizens of this State billions of |
dollars in increased
costs for consumer goods and services, |
insurance premiums, and medical treatment;
|
(16) hinders citizens from freely using public parks, |
streets, schools,
forest preserves, playgrounds, and other |
public areas; and
|
(17) contributes to a lower quality of life and |
standard of living for
the citizens of this State.
|
(b) The General Assembly finds that, in light of the |
findings made
in subsection (a), any violation of the Cannabis |
Control Act , the Methamphetamine Control and Community |
Protection Act, or the
Illinois Controlled Substances Act that |
involves the nonconsensual use of
the real or personal property |
of another person, whether that person is an
individual or a |
governmental or private entity representing a collection of
|
individuals, is so injurious to the property interests and the |
well-being
of that person that the violation gives rise to a |
cause of action sounding
in tort. The General Assembly also |
finds that the delivery of a controlled
substance or cannabis |
in violation of the Illinois Controlled Substances
Act , the |
Methamphetamine Control and Community Protection Act, or the |
Cannabis Control Act to an unemancipated minor under the age of
|
18 is so injurious to the rights and duties of parents and |
legal guardians
relating to the physical, mental, and emotional |
well-being of that minor
that the violation also gives rise to |
a cause of action sounding in tort.
The General Assembly |
further finds that although the damage a person
suffers through |
|
the nonconsensual use of his property to facilitate such a
|
violation or the damage a parent or legal guardian suffers as |
the result of
the delivery to the minor of cannabis or a |
substance in violation of the
Cannabis Control Act , the |
Methamphetamine Control and Community Protection Act, or the |
Illinois Controlled Substances Act is often
subtle and |
incapable of precise articulation, that damage is nonetheless
|
real and substantial. It is therefore the intent of the General |
Assembly
to create a cause of action with statutorily |
prescribed damages for the
conduct described in this Act.
|
(Source: P.A. 87-544.)
|
(740 ILCS 20/4) (from Ch. 70, par. 904)
|
Sec. 4. Civil liability.
|
(a) A person who uses or causes to be used any property |
without the
consent of the owner of that property to facilitate |
in any manner a
violation of the Cannabis Control Act ,
or the |
Illinois Controlled Substances
Act , or the Methamphetamine |
Control and Community Protection Act or any inchoate offense |
under either of those Acts is liable to the
owner for civil |
damages as set forth in this Act.
|
(b) A person who delivers or causes to be delivered in |
violation of the
Illinois Controlled Substances Act ,
or the |
Cannabis Control Act , or the Methamphetamine Control and |
Community Protection Act a controlled
substance ,
or cannabis , |
or methamphetamine to an unemancipated minor under the age of |
18 is
liable to the parent or legal guardian of that minor as |
set forth in this Act.
|
(c) A person who knowingly delivers or causes to be |
delivered cannabis ,
or a controlled or counterfeit substance , |
or methamphetamine that is later involved in
a transaction or |
activity that gives rise to a cause of action under
subsection |
(a) or (b) of this Section is liable under subsection (a) or |
(b),
as the case may be, in the same manner and amount as the |
person or persons
whose conduct gives immediate rise to the |
cause of action.
|
|
(Source: P.A. 87-544.)
|
(740 ILCS 20/6) (from Ch. 70, par. 906)
|
Sec. 6. Damages.
|
(a) The damages to which an owner of property is entitled |
under
subsection (a) of Section 4 shall be based on the highest |
classification of
offense prescribed under the Cannabis |
Control Act ,
or the Illinois
Controlled Substances Act , or the |
Methamphetamine Control and Community Protection Act that |
involves the nonconsensual use of his
property in an amount as |
follows:
|
(1) When the property is used to facilitate the |
commission of a Class
B or C misdemeanor, no less than |
$1,000.
|
(2) When the property is used to facilitate the |
commission of a Class
A misdemeanor, no less than $1,500.
|
(3) When the property is used to facilitate the |
commission of a Class
4 felony, no less than $2,500.
|
(4) When the property is used to facilitate the |
commission of a Class
3 felony, no less than $5,000.
|
(5) When the property is used to facilitate the |
commission of a Class
2 felony, no less than $10,000.
|
(6) When the property is used to facilitate the |
commission of a Class
1 felony, no less than $15,000.
|
(7) When the property is used to facilitate the |
commission of a Class
X felony, no less than $20,000.
|
(b) The damages to which a parent or legal guardian is |
entitled under
subsection (b) of Section 4 shall be based on |
the highest classification of
offense prescribed under the |
Cannabis Control Act ,
or the Illinois Controlled
Substances |
Act , or the Methamphetamine Control and Community Protection |
Act committed by the person delivering the cannabis or
|
controlled substance to the minor in an amount as follows:
|
(1) When the delivery is classified as a Class B or C |
misdemeanor, no less than $1,500.
|
(2) When the delivery is classified as a Class A |
|
misdemeanor, no less than $2,500.
|
(3) When the delivery is classified as a Class 4 |
felony, no less than $5,000.
|
(4) When the delivery is classified as a Class 3 |
felony, no less than $10,000.
|
(5) When the delivery is classified as a Class 2 |
felony, no less than $15,000.
|
(6) When the delivery is classified as a Class 1 |
felony, no less than $20,000.
|
(7) When the delivery is classified as a Class X |
felony, no less than $25,000.
|
(c) In addition to the amounts set forth in subsections (a) |
and (b), the
owner of the property bringing a cause of action |
under subsection (a),
other than a government or a governmental |
subdivision or agency, or the
parent or legal guardian of the |
minor bringing a cause of action under
subsection (b), may be |
entitled to receive punitive damages.
|
(d) A party prevailing in a cause of action brought under |
this
Act is entitled to reasonable attorneys fees in addition |
to
damages awarded under subsections (a), (b), and (c) of this |
Section.
|
(Source: P.A. 87-544.)
|
Section 9999. Effective date. This Act takes effect 30 days |
after becoming law. |