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Public Act 097-1109 |
HB3366 Enrolled | LRB097 10573 RLC 50927 b |
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AN ACT concerning criminal law.
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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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Article 1. |
Section 1-5. The Criminal Code of 1961 is amended by |
changing and renumbering Sections 12-4.9, 12-10, 12-10.1, |
12-21.5, 12-21.6, 12-22, 33D-1, 44-2, and 44-3 and by adding |
the heading of Article 12C, the headings of Subdivisions 1, 5, |
10, and 15 of Article 12C, and Sections 12C-20, 12C-25, 12C-50, |
12C-60, and 12C-70 as follows: |
(720 ILCS 5/Art. 12C heading new) |
ARTICLE 12C. HARMS TO CHILDREN |
(720 ILCS 5/Art. 12C, Subdiv. 1 heading new) |
SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
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(720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
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Sec. 12C-5 12-21.6 . Endangering the life or health of a |
child.
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(a) A person commits endangering the life or health of a |
child when he or she knowingly: (1) causes or permits It is |
unlawful for any person to willfully cause or permit the life |
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or
health of a child under the age of 18 to be endangered ; or |
(2) causes or permits to willfully cause
or permit a child to |
be placed in circumstances that endanger the child's life
or |
health . It is not a violation of this Section , except that it |
is not unlawful for a person to relinquish a child
in |
accordance with the Abandoned Newborn Infant Protection Act.
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(b) A trier of fact may infer There is a rebuttable |
presumption that a person committed the offense
if he or she |
left a child 6 years of age or younger is unattended if that |
child is left in a motor
vehicle for more than 10 minutes.
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(c) "Unattended" means either: (i) not accompanied by a |
person 14 years
of age or older; or (ii) if accompanied by a |
person 14 years of age or older,
out of sight of that person.
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(d) Sentence. A violation of this Section is a Class A |
misdemeanor. A second or
subsequent violation of this Section |
is a Class 3 felony. A violation of
this Section that is a |
proximate cause of the death of the child is a Class
3 felony |
for which a person, if sentenced to a term of imprisonment, |
shall
be sentenced to a term of not less than 2 years and not |
more than 10 years. A parent, who is found to be in violation |
of this Section with respect to his or her child, may be |
sentenced to probation for this offense pursuant to Section |
12C-15.
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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
92-515, eff.
6-1-02; 92-651, eff. 7-11-02 .)
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(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
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Sec. 12C-10 12-21.5 . Child abandonment Abandonment .
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(a) A person commits the offense of child abandonment when |
he or
she, as a parent, guardian, or other person having |
physical custody or control
of a child, without regard for the |
mental or physical health, safety, or
welfare of that child, |
knowingly leaves that child who is under the age of 13
without |
supervision by a responsible person over the age of 14 for a |
period of
24 hours or more . It is not a violation of this |
Section for a person to relinquish , except that a person does |
not commit the offense of child
abandonment when he or she |
relinquishes a child in accordance with the
Abandoned Newborn |
Infant Protection Act.
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(b) For the purposes of determining whether the child was |
left without
regard for the mental or physical health, safety, |
or welfare of that child, the
trier of fact shall consider the |
following factors:
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(1) the age of the child;
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(2) the number of children left at the location;
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(3) special needs of the child, including whether the |
child is physically
or mentally handicapped, or otherwise |
in need of ongoing prescribed medical
treatment such as |
periodic doses of insulin or other medications;
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(4) the duration of time in which the child was left |
without supervision;
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(5) the condition and location of the place where the |
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child was left
without supervision;
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(6) the time of day or night when the child was left |
without supervision;
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(7) the weather conditions, including whether the |
child was left in a
location with adequate protection from |
the natural elements such as adequate
heat or light;
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(8) the location of the parent, guardian, or other |
person having physical
custody or control of the child at |
the time the child was left without
supervision, the |
physical distance the child was from the parent, guardian, |
or
other person having physical custody or control of the |
child at the time the
child was without supervision;
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(9) whether the child's movement was restricted, or the |
child was
otherwise locked within a room or other |
structure;
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(10) whether the child was given a phone number of a |
person
or location to call in the event of an emergency and |
whether the child was
capable of making an emergency call;
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(11) whether there was food and other provision left |
for the child;
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(12) whether any of the conduct is attributable to |
economic hardship or
illness and the parent, guardian or |
other person having physical custody or
control of the |
child made a good faith effort to provide for the health |
and
safety of the child;
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(13) the age and physical and mental capabilities of |
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the person or persons
who provided supervision for the |
child;
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(14) any other factor that would endanger the health or |
safety of that
particular child;
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(15) whether the child was left under the supervision |
of another person.
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(d) Child abandonment is a Class 4 felony. A second or |
subsequent offense
after a prior conviction is a Class 3 |
felony. A parent, who is found to be in violation of this |
Section with respect to his or her child, may be sentenced to |
probation for this offense pursuant to Section 12C-15.
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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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(720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
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Sec. 12C-15 12-22 . Child abandonment or endangerment; |
probation Probation .
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(a) Whenever a parent of a child as determined by the court |
on the facts
before it, pleads guilty to or is found guilty of, |
with respect to his or her
child, child abandonment under |
Section 12C-10 12-21.5 of this Article the Criminal Code of |
1961 or
endangering the life or health of a child under Section |
12C-5 12-21.6 of this Article the Criminal
Code of 1961 , the |
court may, without entering a judgment of guilt and with the
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consent of the person, defer further proceedings and place the |
person upon
probation upon the reasonable terms and conditions |
as the court may require.
At least one term of the probation |
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shall require the person to cooperate with
the Department of |
Children and Family Services at the times and in the programs
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that the Department of Children and Family Services may |
require.
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(b) Upon fulfillment of the terms and conditions imposed |
under subsection
(a), the court shall discharge the person and |
dismiss the proceedings.
Discharge and dismissal under this |
Section shall be without court adjudication
of guilt and shall |
not be considered a conviction for purposes of
disqualification |
or disabilities imposed by law upon conviction of a crime.
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However, a record of the disposition shall be reported by the |
clerk of the
circuit court to the Department of State Police |
under Section 2.1 of the
Criminal Identification Act, and the |
record shall be maintained and provided to
any civil authority |
in connection with a determination of whether the person is
an |
acceptable candidate for the care, custody and supervision of |
children.
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(c) Discharge and dismissal under this Section may occur |
only once.
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(d) Probation under this Section may not be for a period of |
less than 2
years.
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(e) If the child dies of the injuries alleged, this Section |
shall be
inapplicable.
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(Source: P.A. 88-479.)
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(720 ILCS 5/12C-20 new) |
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Sec. 12C-20. Abandonment of a school bus containing |
children. |
(a) A school bus driver commits abandonment of a school bus |
containing children when he or she knowingly abandons
the |
school bus while it contains any children who are without other |
adult
supervision, except in an emergency where the driver is |
seeking help or
otherwise acting in the best interests of the |
children. |
(b) Sentence. A violation of this Section is a Class A |
misdemeanor for a first offense, and a Class 4 felony for a |
second or subsequent offense. |
(720 ILCS 5/12C-25 new) |
Sec. 12C-25. Contributing to the dependency and neglect of |
a minor. |
(a) Any parent, legal guardian or person having the custody |
of a child
under the age of 18 years commits contributing to |
the dependency and neglect of a minor when he or she knowingly: |
(1) causes, aids, or
encourages such minor to be or to become a |
dependent and neglected minor; (2) does acts which directly
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tend to render any such minor so dependent and neglected; or |
(3) fails to do that which will directly tend to prevent such |
state
of dependency and neglect. It is not a violation of this |
Section for a person
to relinquish a child in accordance with |
the Abandoned Newborn Infant
Protection Act. |
(b) "Dependent and neglected minor" means any child who, |
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while under the age of 18 years, for any reason is destitute, |
homeless or abandoned; or dependent upon the public for |
support; or has not proper parental care or guardianship; or |
habitually begs or receives alms; or is found living in any |
house of ill fame or with any vicious or disreputable person; |
or has a home which by reason of neglect, cruelty or depravity |
on the part of its parents, guardian or any other person in |
whose care it may be is an unfit place for such child; and any |
child who while under the age of 10 years is found begging, |
peddling or selling any articles or singing or playing any |
musical instrument for gain upon the street or giving any |
public entertainments or accompanies or is used in aid of any |
person so doing. |
(c) Sentence. A violation of this Section is a Class A |
misdemeanor. |
(d) The husband or wife of the defendant shall be a |
competent witness to testify in any case under this Section and |
to all matters relevant thereto.
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(720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
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Sec. 12C-30 33D-1 . Contributing to the delinquency or |
criminal delinquency of a minor. |
(a) Contributing to the delinquency of a minor. A person |
commits contributing to the delinquency of a minor when he or |
she knowingly: (1) causes, aids, or encourages a minor to be or |
to become a delinquent minor; or (2) does acts which directly |
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tend to render any minor so delinquent. |
(b) (a) Contributing to the criminal delinquency of a
minor |
juvenile . A Any person of the age of 21 years and upwards |
commits contributing to the criminal delinquency of a minor |
when he or she , who with
the intent to promote or facilitate |
the commission of an offense solicits, compels or directs a |
minor in the commission of the offense that is
either : (i) a |
felony or when the minor is misdemeanor, solicits,
compels or |
directs any person under the age of 17 years ; or (ii) a |
misdemeanor when the minor is under the age of 18 years in the |
commission
of the offense commits the
offense of contributing |
to the criminal delinquency of a juvenile .
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(c) "Delinquent minor" means any minor who prior to his or |
her 17th birthday has violated or attempted to violate, |
regardless of where the act occurred, any federal or State law |
or county or municipal ordinance, and any minor who prior to |
his or her 18th birthday has violated or attempted to violate, |
regardless of where the act occurred, any federal or State law |
or county or municipal ordinance classified as a misdemeanor |
offense. |
(d) Sentence. |
(1) A violation of subsection (a) is a Class A |
misdemeanor. |
(2) A violation of subsection (b) is: |
(i) a Class C misdemeanor if the offense committed |
is a petty offense or a business offense; |
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(ii) a Class B misdemeanor if the offense committed |
is a Class C misdemeanor; |
(iii) a Class A misdemeanor if the offense |
committed is a Class B misdemeanor; |
(iv) a Class 4 felony if the offense committed is a |
Class A misdemeanor; |
(v) a Class 3 felony if the offense committed is a |
Class 4 felony; |
(vi) a Class 2 felony if the offense committed is a |
Class 3 felony; |
(vii) a Class 1 felony if the offense committed is |
a Class 2 felony; and |
(viii) a Class X felony if the offense committed is |
a Class 1 felony or a Class X felony. |
(3) A violation of subsection (b) incurs the same |
penalty as first degree murder if the committed offense is |
first degree murder. |
(e) The husband or wife of the defendant shall be a |
competent witness to testify in any case under this Section and |
to all matters relevant thereto. |
(b) Sentence. Contributing to the criminal delinquency of a |
juvenile is a
felony
one grade higher than the offense |
committed, if the offense committed is a
felony, except when |
the offense
committed is first degree murder or a Class X |
felony. When the offense
committed is
first degree murder or a |
Class X felony, the penalty for contributing to the
criminal
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delinquency of a juvenile is the same as the penalty for first |
degree murder or
a Class
X felony, respectively.
Contributing |
to the criminal delinquency of a juvenile is a misdemeanor one
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grade higher than the offense committed, if the offense |
committed is a
misdemeanor, except when the offense committed |
is a Class A misdemeanor. If
the offense committed is a Class A |
misdemeanor, the penalty for contributing to
the criminal |
delinquency of a juvenile is a Class 4 felony.
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(Source: P.A. 91-337, eff. 1-1-00.)
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(720 ILCS 5/Art. 12C, Subdiv. 5 heading new) |
SUBDIVISION 5. BODILY HARM OFFENSES |
(720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
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Sec. 12C-35 12-10 . Tattooing the body of a minor. Tattooing |
Body of Minor.
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(a) A Any person, other than a person
licensed
to practice |
medicine in all its branches, commits tattooing the body of a |
minor when he or she knowingly or recklessly who tattoos or |
offers to tattoo
a person under the age of 18 is guilty of a |
Class A
misdemeanor .
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(b) A Any person who is an owner or employee of employed by |
a business that performs
tattooing, other than a
person |
licensed to practice medicine in all
its branches,
may not |
permit a person under 18 years of age to enter or remain on the
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premises where
tattooing
is being performed unless the person |
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under 18 years of age is accompanied by
his or her
parent or |
legal guardian. A violation of this subsection (b) is a Class A |
misdemeanor.
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(c) As used in this Section, to " Tattoo tattoo " means to |
insert pigment under
the
surface of the skin of a human being, |
by pricking with a needle or otherwise,
so as to produce an |
indelible mark or figure visible through the skin.
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(d) Subsection (a) of this Section does not apply to a |
person under 18 years of age who tattoos or offers to tattoo |
another person under 18 years of age away from the premises of |
any business at which tattooing is performed. |
(e) Sentence. A violation of this Section is a Class A |
misdemeanor. |
(Source: P.A. 94-684, eff. 1-1-06.)
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(720 ILCS 5/12C-40)
(was 720 ILCS 5/12-10.1)
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Sec. 12C-40 12-10.1 . Piercing the body of a minor.
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(a)(1) A Any person commits piercing the body of a minor |
when he or she knowingly or recklessly who pierces the body or |
oral cavity of a person under 18
years of age without written |
consent of a parent or legal guardian of that
person commits |
the offense of piercing the body of a minor . Before the oral
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cavity of a person under 18 years of age may be pierced, the |
written consent
form signed by the parent or legal guardian |
must contain a provision in
substantially the following form:
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"I understand that the oral piercing of the tongue, lips, |
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cheeks, or
any other area of the oral cavity carries serious |
risk of infection or damage
to the mouth and teeth, or both |
infection and damage to those areas,
that could result but is |
not limited to nerve damage, numbness, and life
threatening |
blood clots.".
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A person who pierces the oral cavity of a person under 18 |
years of age
without obtaining a signed written consent form |
from a parent or legal guardian
of the person that includes the |
provision describing the health risks of body
piercing, |
violates this Section.
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(2) A (1.5) Any person who is an owner or employed by a |
business that performs
body
piercing may not permit a person |
under 18 years of age to enter or remain on
the
premises where |
body piercing is being performed unless the person under 18
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years of age
is accompanied by his or her parent or legal |
guardian.
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(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of |
this
Section is a Class A
misdemeanor.
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(b) Definition. As used in this Section, to " Pierce pierce " |
means to make a hole
in the body or oral cavity in order to |
insert or allow the insertion of any
ring, hoop, stud, or other |
object for the purpose of ornamentation of the
body. "Piercing" |
does not include tongue splitting as defined in Section
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12-10.2. The term "body" includes the oral cavity.
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(c) Exceptions. This Section may not be construed in any |
way to prohibit
any injection, incision, acupuncture, or |
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similar medical or dental procedure
performed by a licensed |
health care professional or other person authorized to
perform |
that procedure or the presence on the premises where that |
procedure is being performed by a
health care professional or |
other person authorized to perform that procedure
of
a person
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under 18 years of age who is not accompanied by a parent or |
legal guardian. This Section does not prohibit ear piercing. |
This
Section does not apply to a minor emancipated under the |
Juvenile Court Act of
1987 or the Emancipation of Minors Act or |
by marriage. This Section does not apply to a person under 18 |
years of age who pierces the body or oral cavity of another |
person under 18 years of age away from the premises of any |
business at which body piercing or oral cavity piercing is |
performed.
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(d) Sentence. A violation of this Section is a Class A |
misdemeanor. |
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06.)
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(720 ILCS 5/12C-45)
(was 720 ILCS 5/12-4.9)
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Sec. 12C-45 12-4.9 . Drug induced infliction of harm to a |
child
athlete. Drug induced infliction of aggravated battery to |
a child
athlete.
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(a) A person commits drug induced infliction of harm to a |
child athlete when he or she knowingly Any person who |
distributes a drug
to or encourages
the ingestion of a drug by
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a person under the age of 18 with the intent
that the
person |
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under the age of 18 ingest the drug for the purpose of a quick |
weight
gain or loss in connection with participation in |
athletics is guilty of the
offense of drug induced infliction |
of aggravated battery of a child athlete .
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(b) This Section does not apply to care under usual and |
customary
standards of medical practice by a physician licensed |
to practice medicine in
all its branches or nor to the sale of |
drugs or products by
a retail merchant.
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(c) (b) Drug induced infliction of harm aggravated battery |
to a child athlete is a
Class A misdemeanor. A second or |
subsequent violation is a Class 4 felony.
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(Source: P.A. 89-632, eff. 1-1-97.)
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(720 ILCS 5/12C-50 new) |
Sec. 12C-50. Hazing. |
(a) A person commits hazing when he or she knowingly |
requires the
performance of
any act by a student or other |
person in a school, college, university, or other
educational |
institution of this State, for the purpose of induction or
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admission into any group, organization, or society associated |
or connected with
that institution, if: |
(1) the act is not sanctioned or authorized by that |
educational institution;
and |
(2) the act results in bodily harm to any person. |
(b) Sentence. Hazing is a Class A misdemeanor, except that |
hazing that
results in death or great bodily harm is a Class 4 |
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felony. |
(720 ILCS 5/Art. 12C, Subdiv. 10 heading new) |
SUBDIVISION 10. CURFEW OFFENSES |
(720 ILCS 5/12C-60 new) |
Sec. 12C-60. Curfew. |
(a) Curfew offenses. |
(1) A minor commits a curfew offense when he or she |
remains in any public place or on the premises of any |
establishment during curfew hours. |
(2) A parent or guardian of a minor or other person in |
custody or control of a minor commits a curfew offense when |
he or she knowingly permits the minor to remain in any |
public place or on the premises of any establishment during |
curfew hours. |
(b) Curfew defenses. It is a defense to prosecution under |
subsection (a) that the minor was: |
(1) accompanied by the minor's parent or guardian or |
other person in custody or control of the minor; |
(2) on an errand at the direction of the minor's parent |
or guardian, without any detour or stop; |
(3) in a motor vehicle involved in interstate travel; |
(4) engaged in an employment activity or going to or |
returning home from an employment activity, without any |
detour or stop; |
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(5) involved in an emergency; |
(6) on the sidewalk abutting the minor's residence or |
abutting the residence of a next-door neighbor if the |
neighbor did not complain to the police department about |
the minor's presence; |
(7) attending an official school, religious, or other |
recreational activity supervised by adults and sponsored |
by a government or governmental agency, a civic |
organization, or another similar entity that takes |
responsibility for the minor, or going to or returning home |
from, without any detour or stop, an official school, |
religious, or other recreational activity supervised by |
adults and sponsored by a government or governmental |
agency, a civic organization, or another similar entity |
that takes responsibility for the minor; |
(8) exercising First Amendment rights protected by the |
United States Constitution, such as the free exercise of |
religion, freedom of speech, and the right of assembly; or |
(9) married or had been married or is an emancipated |
minor under the Emancipation of Minors Act. |
(c) Enforcement. Before taking any enforcement action |
under this Section, a law enforcement officer shall ask the |
apparent offender's age and reason for being in the public |
place. The officer shall not issue a citation or make an arrest |
under this Section unless the officer reasonably believes that |
an offense has occurred and that, based on any response and |
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other circumstances, no defense in subsection (b) is present.
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(d) Definitions. In this Section: |
(1) "Curfew hours" means: |
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday; |
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and |
(C) Between 11:00 p.m. on Sunday to Thursday, |
inclusive, and 6:00 a.m. on the following day. |
(2) "Emergency" means an unforeseen combination of |
circumstances or the resulting state that calls for |
immediate action. The term includes, but is not limited to, |
a fire, a natural disaster, an automobile accident, or any |
situation requiring immediate action to prevent serious |
bodily injury or loss of life. |
(3) "Establishment" means any privately-owned place of
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business operated for a profit to which the public is
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invited, including, but not limited to, any place of |
amusement
or entertainment.
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(4) "Guardian" means: |
(A) a person who, under court order, is the |
guardian of the person of a minor; or |
(B) a public or private agency with whom a minor |
has been placed by a court. |
(5) "Minor" means any person under 17 years of age. |
(6) "Parent" means a person who is: |
(A) a natural parent, adoptive parent, or |
step-parent of another person; or |
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(B) at least 18 years of age and authorized by a |
parent or guardian to have the care and custody of a |
minor. |
(7) "Public place" means any place to which the public |
or a substantial group of the public has access and |
includes, but is not limited to, streets, highways, and the |
common areas of schools, hospitals, apartment houses, |
office buildings, transport facilities, and shops. |
(8) "Remain" means to: |
(A) linger or stay; or |
(B) fail to leave premises when requested to do so |
by a police officer or the owner, operator, or other |
person in control of the premises. |
(9) "Serious bodily injury" means bodily injury that |
creates a substantial risk of death or that causes death, |
serious permanent disfigurement, or protracted loss or |
impairment of the function of any bodily member or organ. |
(e) Sentence. A violation of this Section
is a petty |
offense with a fine of not less than
$10 nor
more than $500, |
except that neither a person who has been made a ward of the
|
court under the Juvenile Court Act of 1987, nor that person's |
legal guardian,
shall be subject to any fine. In addition to or |
instead of the
fine imposed
by this Section, the court may |
order a parent, legal guardian, or other person
convicted of a |
violation of subsection (a) of this
Section to perform |
community service as determined by the court, except that
the |
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legal guardian of a person who has been made a ward of the |
court under the
Juvenile Court Act of 1987 may not be ordered |
to perform community service.
The dates and
times established |
for the performance of community service by the parent, legal
|
guardian, or other person convicted of a violation of |
subsection (a) of this
Section shall not conflict with the |
dates and times that the person is
employed in his or her |
regular occupation. |
(f) County, municipal and other local boards and bodies |
authorized to
adopt local police laws and regulations under the |
constitution and laws of
this State may exercise legislative or |
regulatory authority over this
subject matter by ordinance or |
resolution incorporating the substance of
this Section or |
increasing the requirements thereof or otherwise not in
|
conflict with this Section. |
(720 ILCS 5/Art. 12C, Subdiv. 15 heading new) |
SUBDIVISION 15. MISCELLANEOUS OFFENSES
|
(720 ILCS 5/12C-65)
(was 720 ILCS 5/44-2 and 5/44-3)
|
Sec. 12C-65 44-2 . Unlawful transfer of a |
telecommunications device to a minor. |
(a) A person commits unlawful transfer of a
|
telecommunications device to a minor when he or she gives, |
sells or otherwise
transfers possession of a |
telecommunications device to a person under 18
years of age |
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with the intent that the device be used to commit any offense
|
under this Code, the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control and |
Community Protection Act.
|
(b) "Telecommunications device" or "device" means a device |
which is portable or which may be installed in a motor vehicle, |
boat or other means of transportation, and which is capable of |
receiving or transmitting speech, data, signals or other |
information, including but not limited to paging devices, |
cellular and mobile telephones, and radio transceivers, |
transmitters and receivers, but not including radios designed |
to receive only standard AM and FM broadcasts. |
(c) Sentence. A violation of this Section (b) Unlawful |
transfer of a telecommunications device to a minor is a
Class A |
misdemeanor.
|
(d) Seizure and forfeiture of property. Any person who |
commits the offense of unlawful transfer of a |
telecommunications device to a minor as set forth in this |
Section is subject to the property forfeiture provisions in |
Article 124B of the Code of Criminal Procedure of 1963. 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,
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.
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. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
|
(720 ILCS 5/12C-70 new) |
Sec. 12C-70. Adoption compensation prohibited. |
(a) Receipt of compensation for placing out prohibited; |
exception. No person and no agency, association, corporation, |
institution,
society, or other organization, except a child |
welfare agency as defined by
the Child Care Act of 1969, shall |
knowingly request, receive or accept any compensation or thing |
of
value, directly or indirectly, for providing adoption |
services, as defined in Section 2.24 of the Child Care Act of |
1969. |
(b) Payment of compensation for placing out prohibited. No |
person shall knowingly pay or give any compensation or thing of |
value,
directly or indirectly, for providing adoption |
services, as defined in Section 2.24 of the Child Care Act of |
1969, including placing out of a child to any person or to any
|
agency, association, corporation, institution, society, or |
other
organization except a child welfare agency as defined by |
|
the Child Care
Act of 1969. |
(c) Certain payments of salaries and medical expenses not |
prevented. |
(1) The provisions of this Section shall not be |
construed to prevent the
payment of salaries or other |
compensation by a licensed child welfare
agency providing |
adoption services, as that term is defined by the Child |
Care Act of 1969, to the officers, employees, agents, |
contractors, or any other persons acting on behalf of the |
child welfare agency, provided that such salaries and |
compensation are consistent with subsection (a) of Section |
14.5 of the Child Care Act of 1969. |
(2) The provisions of this Section shall not
be |
construed to prevent the payment by a prospective adoptive |
parent of reasonable and actual medical fees or hospital
|
charges for services rendered in connection with the birth |
of such child,
if such payment is made to the physician or |
hospital who or which rendered
the services or to the |
biological mother of the child or to prevent the
receipt of |
such payment by such physician, hospital, or mother. |
(3) The provisions of this Section shall not be |
construed to prevent a prospective adoptive parent from |
giving a gift or gifts or other thing or things of value to |
a biological parent provided that the total value of such |
gift or gifts or thing or things of value does not exceed |
$200. |
|
(d) Payment of certain expenses. |
(1) A prospective adoptive parent shall be permitted to |
pay the
reasonable living expenses of the biological |
parents of the child sought to
be adopted, in addition to |
those expenses set forth in subsection (c), only in
|
accordance with the provisions of this subsection (d).
|
"Reasonable living expenses" means those expenses |
related to activities of daily living and meeting basic |
needs, including, but not limited to, lodging, food,
and |
clothing for the biological parents during the biological
|
mother's pregnancy and for no more than 120 days prior to |
the biological mother's expected date of delivery and for |
no more than 60 days after the birth of the
child. The term |
does not include expenses for lost wages, gifts,
|
educational expenses, or other similar expenses of the |
biological parents.
|
(2) (A) The prospective adoptive parents may seek leave |
of the court to pay the reasonable
living expenses of |
the biological parents. They shall be permitted to pay
|
the reasonable living expenses of the biological |
parents only upon prior
order of the circuit court |
where the petition for adoption will be filed,
or if |
the petition for adoption has been filed in the circuit |
court where
the petition is pending. |
(B) Notwithstanding clause (2)(A) of this |
subsection (d), a prospective adoptive parent may |
|
advance a maximum of $1,000 for reasonable birth parent |
living expenses without prior order of court. The |
prospective adoptive parents shall present a final |
accounting of all expenses to the court prior to the |
entry of a final judgment order for adoption. |
(C) If the court finds an accounting by the |
prospective adoptive parents to be incomplete or |
deceptive or to contain amounts which are unauthorized |
or unreasonable, the court may order a new accounting |
or the repayment of amounts found to be excessive or |
unauthorized or make any other orders it deems |
appropriate.
|
(3) Payments under this subsection (d) shall be |
permitted only in those
circumstances where there is a |
demonstrated need for the payment of such
expenses to |
protect the health of the biological parents or the health |
of
the child sought to be adopted.
|
(4) Payment of their reasonable living expenses, as |
provided in this
subsection (d), shall not obligate the |
biological parents to place the child for
adoption. In the |
event the biological parents choose not to place the
child |
for adoption, the prospective adoptive parents shall have |
no right to seek
reimbursement from the biological parents, |
or from any relative or associate of the biological |
parents,
of moneys paid to, or on behalf of, the biological |
parents pursuant to a court
order under this subsection |
|
(d). |
(5) Notwithstanding paragraph (4) of this subsection |
(d), a prospective adoptive parent may seek reimbursement |
of reasonable living expenses from a person who receives |
such payments only if the person who accepts payment of |
reasonable living expenses before the child's birth, as |
described in paragraph (4) of this subsection (d), knows |
that the person on whose behalf he or she is accepting |
payment is not pregnant at the time of the receipt of such |
payments or the person receives reimbursement for |
reasonable living expenses simultaneously from more than |
one prospective adoptive parent without the knowledge of |
the prospective adoptive parent.
|
(6) No person or entity shall offer, provide, or |
co-sign a loan or any other credit accommodation, directly |
or indirectly, with a biological parent or a relative or |
associate
of a biological parent based on the contingency |
of a surrender or placement of a child for adoption.
|
(7) Within 14 days after the completion of all payments |
for reasonable
living expenses of the biological parents |
under this subsection (d), the prospective adoptive |
parents
shall present a final accounting of all those |
expenses to the court. The accounting shall also include
|
the verified statements of the prospective adoptive |
parents, each attorney of record, and the
biological |
parents or parents to whom or on whose behalf the payments |
|
were made
attesting to the accuracy of the accounting.
|
(8) If the placement of a child for adoption is made in |
accordance with the
Interstate Compact on the Placement of |
Children, and if the sending state
permits the payment of |
any expenses of biological parents that are not
permitted |
under this Section, then the payment of those expenses |
shall not be a
violation of this Section. In that event, |
the prospective adoptive parents shall file an accounting
|
of all payments of the expenses of the biological parent or
|
parents with the court in which the petition for adoption |
is filed or is to be
filed. The accounting shall include a |
copy of the statutory provisions of the
sending state that |
permit payments in addition to those permitted by this |
Section
and a copy of all orders entered in the sending |
state that relate to expenses
of the biological parents |
paid by the prospective adoptive parents in the sending |
state.
|
(9) The prospective adoptive parents shall be |
permitted to pay the reasonable attorney's fees
of a |
biological parent's attorney in connection with |
proceedings under this
Section or in connection with |
proceedings for the adoption of the child if the amount of |
fees of the attorney is $1,000 or less. If the amount of |
attorney's fees of each biological parent exceeds $1,000, |
the attorney's fees shall be paid only after a petition |
seeking leave to pay those
fees is filed with the court in |
|
which the adoption proceeding is filed or to be
filed. The |
court shall review the petition for leave to pay attorney's |
fees,
and if the court determines that the fees requested |
are reasonable, the court
shall permit
the petitioners to |
pay them. If the court determines that the fees requested
|
are not
reasonable, the court shall determine and set the |
reasonable attorney's fees of
the biological parents' |
attorney which may be paid by the petitioners. The |
prospective adoptive parents shall present a final |
accounting of all those fees to the court prior to the |
entry of a final judgment order for adoption.
|
(10) The court may appoint a guardian ad litem for an |
unborn child to
represent the interests of the child in |
proceedings under this subsection (d).
|
(11) The provisions of this subsection (d) apply to a |
person who is a prospective adoptive parent. This |
subsection (d) does not apply to a licensed child welfare |
agency, as that term is defined in the Child Care Act of |
1969, whose payments are governed by the Child Care Act of |
1969 and the Department of Children and Family Services |
rules adopted thereunder. |
(e) Injunctive relief. |
(A) Whenever it appears that any person, agency, |
association, corporation, institution, society, or |
other organization is engaged or about to engage in any |
acts or practices that constitute or will constitute a |
|
violation of this Section, the Department of Children |
and Family Services shall inform the Attorney General |
and the State's Attorney of the appropriate county. |
Under such circumstances, the Attorney General or the |
State's Attorney may initiate injunction proceedings. |
Upon a proper showing, any circuit court may enter a |
permanent or preliminary injunction or temporary |
restraining order without bond to enforce this Section |
or any rule adopted under this Section in addition to |
any other penalties and other remedies provided in this |
Section. |
(B) Whenever it appears that any person, agency, |
association, corporation, institution, society, or |
other organization is engaged or is about to engage in |
any act or practice that constitutes or will constitute |
a violation of any rule adopted under the authority of |
this Section, the Department of Children and Family |
Services may inform the Attorney General and the |
State's Attorney of the appropriate county. Under such |
circumstances, the Attorney General or the State's |
Attorney may initiate injunction proceedings. Upon a |
proper showing, any circuit court may enter a permanent |
or preliminary injunction or a temporary restraining |
order without bond to enforce this Section or any rule |
adopted under this Section, in addition to any other |
penalties and remedies provided in this Section.
|
|
(f) A violation of this Section on a first conviction is a |
Class 4 felony, and on a second or subsequent conviction is a
|
Class 3 felony. |
(g) "Adoption services" has the meaning given that term in |
the Child Care Act of 1969. |
(h) "Placing out" means to arrange for the free care or |
placement of a child in a family other than that of the child's |
parent, stepparent, grandparent, brother, sister, uncle or |
aunt or legal guardian, for the purpose of adoption or for the |
purpose of providing care. |
(i) "Prospective adoptive parent" means a person or persons |
who have filed or intend to file a petition to adopt a child |
under the Adoption Act. |
Article 5. |
Section 5-1. Short title. This Act may be cited as the |
Yo-Yo Waterball Sales Prohibition Act. |
Section 5-5. Definition. In this Act, "yo-yo waterball" |
means a water yo-yo or a soft, rubber-like ball that is filled |
with a liquid and is attached to an elastic cord. |
Section 5-10. Sale of yo-yo waterballs prohibited. It is |
unlawful to sell a yo-yo waterball in this State. |
|
Section 5-15. Sentence. A person who sells a yo-yo |
waterball in this State is guilty of a business offense |
punishable by a fine of $1,001 for each violation. Each sale of |
a yo-yo waterball in violation of this Act is a separate |
violation. |
Article 10. |
Section 10-900. The School Code is amended by changing |
Section 21B-80 as follows: |
(105 ILCS 5/21B-80) |
Sec. 21B-80. Conviction of certain offenses as grounds for |
revocation of license. |
(a) As used in this Section: |
"Narcotics offense" means any one or more of the following |
offenses: |
(1) Any offense defined in the Cannabis Control Act, |
except those defined in subdivisions (a) and (b) of Section |
4 and subdivision (a) of Section 5 of the Cannabis Control |
Act and any offense for which the holder of a license is |
placed on probation under the provisions of Section 10 of |
the Cannabis Control Act, provided that if the terms and |
conditions of probation required by the court are not |
fulfilled, the offense is not eligible for this exception. |
(2) Any offense defined in the Illinois Controlled |
|
Substances Act, except any offense for which the holder of |
a license is placed on probation under the provisions of |
Section 410 of the Illinois Controlled Substances Act, |
provided that if the terms and conditions of probation |
required by the court are not fulfilled, the offense is not |
eligible for this exception. |
(3) Any offense defined in the Methamphetamine Control |
and Community Protection Act, except any offense for which |
the holder of a license is placed on probation under the |
provision of Section 70 of that Act, provided that if the |
terms and conditions of probation required by the court are |
not fulfilled, the offense is not eligible for this |
exception. |
(4) Any attempt to commit any of the offenses listed in |
items (1) through (3) of this definition. |
(5) 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 one or more of the offenses listed in items |
(1) through (4) of this definition. |
The changes made by Public Act 96-431 to the definition of |
"narcotics offense" are declaratory of existing law. |
"Sex offense" means any one or more of the following |
offenses: |
(A) Any offense defined in Sections 11-6 , and 11-9 |
through 11-9.5, inclusive, and 11-30, of the Criminal Code |
|
of 1961; Sections 11-14 through 11-21, inclusive, of the |
Criminal Code of 1961; Sections 11-23 (if punished as a |
Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal |
Code of 1961; and Sections 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, |
12-16, 12-32, and 12-33 , and 12C-45 of the Criminal Code of |
1961. |
(B) Any attempt to commit any of the offenses listed in |
item (A) of this definition. |
(C) Any offense committed or attempted in any other |
state that, if committed or attempted in this State, would |
have been punishable as one or more of the offenses listed |
in items (A) and (B) of this definition. |
(b) Whenever the holder of any license issued pursuant to |
this Article has been convicted of any sex offense or narcotics |
offense, the State Superintendent of Education shall forthwith |
suspend the license. If the conviction is reversed and the |
holder is acquitted of the offense in a new trial or the |
charges against him or her are dismissed, the State |
Superintendent of Education shall forthwith terminate the |
suspension of the license. When the conviction becomes final, |
the State Superintendent of Education shall forthwith revoke |
the license. |
(c) Whenever the holder of a license issued pursuant to |
this Article has been convicted of attempting to commit, |
conspiring to commit, soliciting, or committing first degree |
|
murder or a Class X felony or 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 one or more of the foregoing offenses, |
the State Superintendent of Education shall forthwith suspend |
the license. 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 State |
Superintendent of Education shall forthwith terminate the |
suspension of the license. When the conviction becomes final, |
the State Superintendent of Education shall forthwith revoke |
the license.
|
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. |
7-1-11; revised 10-13-11.) |
Section 10-905. The Child Care Act of 1969 is amended by |
changing Section 14.6 as follows: |
(225 ILCS 10/14.6)
|
Sec. 14.6. Agency payment of salaries or other |
compensation.
|
(a) A licensed child welfare agency may pay salaries or |
other compensation to its officers, employees, agents, |
contractors, or any other persons acting on its behalf for |
providing adoption services, provided that all of the following |
limitations apply: |
|
(1) The fees, wages, salaries, or other compensation of |
any description paid to the officers, employees, |
contractors, or any other person acting on behalf of a |
child welfare agency providing adoption services shall not |
be unreasonably high in relation to the services actually |
rendered. Every form of compensation shall be taken into |
account in determining whether fees, wages, salaries, or |
compensation are unreasonably high, including, but not |
limited to, salary, bonuses, deferred and non-cash |
compensation, retirement funds, medical and liability |
insurance, loans, and other benefits such as the use, |
purchase, or lease of vehicles, expense accounts, and food, |
housing, and clothing allowances. |
(2) Any earnings, if applicable, or compensation paid |
to the child welfare agency's directors, stockholders, or |
members of its governing body shall not be unreasonably |
high in relation to the services rendered. |
(3) Persons providing adoption services for a child |
welfare agency may be compensated only for services |
actually rendered and only on a fee-for-service, hourly |
wage, or salary basis. |
(b) The Department may adopt rules setting forth the |
criteria to determine what constitutes unreasonably high fees |
and compensation as those terms are used in this Section. In |
determining the reasonableness of fees, wages, salaries, and |
compensation under paragraphs (1) and (2) of subsection (a) of |
|
this Section, the Department shall take into account the |
location, number, and qualifications of staff, workload |
requirements, budget, and size of the agency or person and |
available norms for compensation within the adoption |
community. Every licensed child welfare agency providing |
adoption services shall provide the Department and the Attorney |
General with a report, on an annual basis, providing a |
description of the fees, wages, salaries and other compensation |
described in paragraphs (1), (2), and (3) of this Section. |
Nothing in Section 12C-70 of the Criminal Code of 1961 the |
Adoption Compensation Prohibition Act shall be construed to |
prevent a child welfare agency from charging fees or the |
payment of salaries and compensation as limited in this Section |
and any applicable Section of this Act or the Adoption Act. |
(c) This Section does not apply to international adoption |
services performed by those child welfare agencies governed by |
the 1993 Hague Convention on Protection of Children and |
Cooperation in Respect of Intercountry Adoption and the |
Intercountry Adoption Act of 2000. |
(d) Eligible agencies may be deemed compliant with this |
Section.
|
(Source: P.A. 94-586, eff. 8-15-05.) |
Section 10-910. 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 and long-term care facilities.
|
(a) In the discretion of the Director of Public Health, as |
soon after January 1, 1996, January 1, 1997, January 1, 2006, |
or October 1, 2007, as applicable, and as is reasonably |
practical, 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, and |
no long-term care facility shall knowingly hire, employ, or |
retain any individual in a position with duties that involve or |
may involve
contact with residents or access to the living |
quarters or the financial, medical, or personal records of |
residents, who has been convicted of committing or attempting |
to
commit one or more of the following offenses: those defined |
in Sections 8-1(b), 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, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
|
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, |
11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, |
12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 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, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 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, or subdivision (a)(4) of Section |
11-14.4 , or in subsection (a) of Section 12-3 or subsection (a) |
|
or (b) of Section 12-4.4a, 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) In the discretion of the Director of Public Health, |
as soon after January 1, 2004 or October 1, 2007, as |
applicable, and as is reasonably practical, no health care |
employer shall knowingly hire
any individual in a position with |
duties involving direct care for clients,
patients, or |
residents, and no long-term care facility shall knowingly hire |
any individual in a position with duties that involve or may |
involve
contact with residents or access to the living quarters |
or the financial, medical, or personal records of 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, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, |
17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or |
24-3.3, or subsection (b) of Section 17-32,
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 11-9.1A of the |
Criminal Code of 1961 or Section 5.1 of the Wrongs to Children |
|
Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, |
unless the applicant or employee obtains a waiver pursuant to |
Section 40 of this Act.
|
A health care employer is not required to retain an |
individual in a position
with duties involving direct care for |
clients, patients, or residents, and no long-term care facility |
is required to retain an individual in a position with duties |
that involve or may involve
contact with residents or access to |
the living quarters or the financial, medical, or personal |
records of 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, and no |
long-term care facility shall knowingly hire, employ, or retain |
any individual in a position with duties that involve or may |
involve
contact with residents or access to the living quarters |
or the financial, medical, or personal records of 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, unless the applicant or employee obtains |
a waiver pursuant to Section 40 of this Act. 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. 96-710, eff. 1-1-10; 96-1551, Article 1, Section |
930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; |
96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. |
1-1-12.) |
Section 10-915. The Abandoned Newborn Infant Protection |
Act is amended by changing Section 25 as follows: |
(325 ILCS 2/25)
|
Sec. 25. Immunity for relinquishing person.
|
(a) The act of relinquishing a newborn infant to a |
hospital, police
station, fire
station, or emergency medical |
facility in accordance with this Act
does not, by itself, |
constitute a basis for a finding of abuse,
neglect, or |
abandonment of the infant pursuant to the laws of this State |
nor
does it, by itself, constitute a violation of Section 12C-5 |
or 12C-10 12-21.5 or 12-21.6 of the
Criminal Code of 1961.
|
(b) If there is suspected child abuse or neglect
that is |
not based solely on the newborn infant's relinquishment to a
|
hospital, police station, fire station, or emergency medical |
facility, the
personnel
of the hospital, police station, fire |
station, or emergency medical
facility who are
mandated |
reporters under the Abused and Neglected Child Reporting Act |
|
must
report the abuse or neglect pursuant to that Act.
|
(c) Neither a child protective investigation nor a criminal
|
investigation may be initiated solely because a newborn infant |
is
relinquished pursuant to this Act.
|
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
93-820, eff. 7-27-04 .)
|
Section 10-920. The Illinois Vehicle Code is amended by |
changing Sections 6-106.1 and 6-508 as follows:
|
(625 ILCS 5/6-106.1)
|
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 under an order of court supervision |
for or 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 under an order of court supervision |
for or convicted of reckless driving, aggravated reckless |
driving, driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or |
any combination thereof, 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 8-1.2, 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, |
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, |
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 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, 11-20.1, 11-20.1B, 11-20.3, |
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, |
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, |
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, |
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
|
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, |
20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, |
24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, |
and in subsection (b) of Section 8-1, and in subdivisions |
(a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), |
and (f)(1) of Section 12-3.05, and in subsection (a) and |
subsection (b), clause (1), of Section
12-4, and in |
subsection (A), clauses (a) and (b), of Section 24-3, and |
those offenses contained in Article 29D 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) 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)
the offenses defined in Section 4.1 and 5.1 |
of the Wrongs to Children Act or Section 11-9.1A of the |
Criminal Code of 1961; (vii) those offenses defined in |
Section 6-16 of the Liquor Control Act of
1934;
and (viii) |
those offenses defined in the Methamphetamine Precursor |
Control Act;
|
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;
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease; and
|
|
15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the |
applicant to the Secretary of State. |
(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, 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 issued an |
order of court supervision for or 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 order of court |
supervision or 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.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder failed to perform the |
inspection procedure set forth in subsection (a) or (b) of |
Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder refused to submit to an |
alcohol or drug test as required by Section 6-106.1c or has |
submitted to a test required by that Section which |
disclosed an alcohol concentration of more than 0.00 or |
disclosed a positive result on a National Institute on Drug |
Abuse five-drug panel, utilizing federal standards set |
forth in 49 CFR 40.87. |
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.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this |
subsection, (i) the Secretary of State shall characterize the |
permit as inactive until a permit holder renews the permit as |
provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
|
member returning from active duty must, within 90 days, renew a |
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, |
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; |
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. |
1-1-12; revised 9-15-11.) |
(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 F, G, H, and J.
|
(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 Motor Carrier Safety
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 driver |
applicant for a commercial driver license
who meets the |
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
|
(b-1) No person shall be issued a commercial driver |
instruction permit or CDL unless the person certifies to the |
Secretary one of the following types of driving operations in |
which he or she will be engaged: |
(1) non-excepted interstate; |
(2) non-excepted intrastate; |
(3) excepted interstate; or |
(4) excepted intrastate. |
(b-2) Persons who hold a commercial driver instruction |
permit or CDL on January 30, 2012 must certify to the Secretary |
no later than January 30, 2014 one of the following applicable |
self-certifications: |
(1) non-excepted interstate; |
(2) non-excepted intrastate; |
|
(3) excepted interstate; or |
(4) excepted intrastate. |
(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;
|
|
(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 driver 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 8-1.2, |
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, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
11-14.4, 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, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, |
12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, |
12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, |
|
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, |
31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section |
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), |
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and |
in subsection (a) and subsection (b), clause (1), of |
Section
12-4, and in subsection (A), clauses (a) and (b), |
of Section 24-3, and those offenses contained in Article |
29D 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) |
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)
the offenses defined |
in Sections 4.1 and 5.1 of the Wrongs to Children Act or |
Section 11-9.1A of the Criminal Code of 1961; (vii) those |
offenses defined in Section 6-16 of the Liquor Control Act |
of
1934; and (viii) those offenses defined in the |
Methamphetamine Precursor Control Act.
|
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.
|
(c-2) The Secretary shall issue a CDL with a school bus |
endorsement to allow a person to drive a school bus as defined |
in this Section. The CDL shall be issued according to the |
requirements outlined in 49 C.F.R. 383. A person may not |
operate a school bus as defined in this Section without a |
school bus endorsement. The Secretary of State may adopt rules |
consistent with Federal guidelines to implement this |
subsection (c-2).
|
(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. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; |
96-1182, eff. 7-22-10; 96-1551, Article 1, Section 95, eff. |
7-1-11; 96-1551, Article 2, Section 1025, eff. 7-1-11; 97-208, |
eff. 1-1-12; revised 9-26-11.) |
(720 ILCS 5/12-21.7 rep.) |
|
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
|
Sec. 115-10. Certain hearsay exceptions.
|
(a) In a prosecution for a physical or sexual act |
perpetrated upon or
against a child under the age of 13, or a
|
person who was a moderately, severely, or
profoundly |
intellectually disabled person as
defined in this
Code and in |
Section 2-10.1 of the
Criminal Code of 1961 at the time the act |
was committed, including but not
limited to prosecutions for |
violations of Sections 11-1.20 through 11-1.60 or 12-13 through |
12-16 of the
Criminal Code of 1961 and prosecutions for |
violations of Sections
10-1 (kidnapping), 10-2 (aggravated |
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated |
unlawful restraint), 10-4 (forcible detention), 10-5 (child |
abduction), 10-6 (harboring a runaway), 10-7 (aiding or |
abetting child abduction), 11-9 (public indecency), 11-11 |
(sexual relations within families), 11-21 (harmful material), |
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), |
12-3.2 (domestic battery), 12-3.3 (aggravated domestic |
battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 |
(heinous battery), 12-4.2 (aggravated battery with a firearm), |
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced |
infliction of great bodily harm), 12-5 (reckless conduct), 12-6 |
(intimidation), 12-6.1 or 12-6.5 (compelling organization |
membership of persons), 12-7.1 (hate crime), 12-7.3 |
(stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 |
|
(tattooing the body of a minor), 12-11 (home invasion), 12-21.5 |
or 12C-10 (child abandonment), 12-21.6 or 12C-5 (endangering |
the life or health of a child) or 12-32 (ritual mutilation) of |
the Criminal Code of
1961 or any sex offense as defined in |
subsection (B) of Section 2 of the Sex Offender Registration |
Act, the following evidence shall be admitted as an exception |
to the
hearsay rule:
|
(1) testimony by the victim of an out of court |
statement made by the
victim that he or
she complained of |
such act to another; and
|
(2) testimony of an out of court statement made by the |
victim describing
any complaint of such act or matter or |
detail pertaining to any act which is an
element of an |
offense which is the subject of a prosecution for a sexual |
or
physical act against that victim.
|
(b) Such testimony shall only be admitted if:
|
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient |
safeguards of reliability; and
|
(2) The child or moderately, severely, or
profoundly |
intellectually disabled person either:
|
(A) testifies at the proceeding; or
|
(B) is unavailable as a witness and there is |
corroborative evidence of
the act which is the subject |
of the statement; and
|
|
(3) In a case involving an offense perpetrated against |
a child under the
age of 13, the out of court statement was |
made before the
victim attained 13 years of age or within 3 |
months after the commission of the
offense, whichever |
occurs later, but the statement may be admitted regardless
|
of the age of
the victim at the time of the proceeding.
|
(c) If a statement is admitted pursuant to this Section, |
the court shall
instruct the jury that it is for the jury to |
determine the weight and
credibility to be given the statement |
and that, in making the determination,
it shall consider the |
age and maturity of the child, or the
intellectual capabilities |
of the moderately,
severely,
or profoundly intellectually |
disabled
person, the nature of the statement, the circumstances |
under which the
statement was made, and any other relevant |
factor.
|
(d) The proponent of the statement shall give the adverse |
party
reasonable notice of his intention to offer the statement |
and the
particulars of the statement.
|
(e) Statements described in paragraphs (1) and (2) of |
subsection (a) shall
not be excluded on the basis that they |
were obtained as a result of interviews
conducted pursuant to a |
protocol adopted by a Child Advocacy Advisory Board as
set |
forth in subsections (c), (d), and (e) of Section 3 of the |
Children's
Advocacy Center Act or that an interviewer or |
witness to the interview was or
is an employee, agent, or |
investigator of a State's Attorney's office.
|
|
(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10; |
96-1551, Article 1, Section 965, eff. 7-1-11; 96-1551, Article |
2, Section 1040, eff. 7-1-11; 97-227, eff. 1-1-12; revised |
9-14-11.) |
(725 ILCS 5/124B-10) |
Sec. 124B-10. Applicability; offenses. This Article |
applies to forfeiture of property in connection with the |
following: |
(1) A violation of Section 10A-10 of the Criminal Code |
of 1961 (involuntary servitude; involuntary servitude of a |
minor; trafficking of persons for forced labor or |
services). |
(2) A violation of subdivision (a)(1) of Section |
11-14.4 of the Criminal Code of 1961 (promoting juvenile |
prostitution) or a violation of Section 11-17.1 of the |
Criminal Code of 1961 (keeping a place of juvenile |
prostitution). |
(3) A violation of subdivision (a)(4) of Section |
11-14.4 of the Criminal Code of 1961 (promoting juvenile |
prostitution) or a violation of Section 11-19.2 of the |
Criminal Code of 1961 (exploitation of a child). |
(4) A violation of Section 11-20 of the Criminal Code |
of 1961 (obscenity). |
(5) A second or subsequent violation of Section 11-20.1 |
of the Criminal Code of 1961 (child pornography). |
|
(6) A violation of Section 11-20.1B or 11-20.3 of the |
Criminal Code of 1961 (aggravated child pornography). |
(7) A violation of Section 12C-65 of the Criminal Code |
of 1961 (unlawful transfer of a telecommunications device |
to a minor). |
(8) (7) A violation of Section 16D-5 of the Criminal |
Code of 1961 (computer fraud). |
(9) (8) A felony violation of Article 17B of the |
Criminal Code of 1961 (WIC fraud). |
(10) (9) A felony violation of Section 26-5 of the |
Criminal Code of 1961 (dog fighting). |
(11) (10) A violation of Article 29D of the Criminal |
Code of 1961 (terrorism). |
(12) (11) A felony violation of Section 4.01 of the |
Humane Care for Animals Act (animals in entertainment).
|
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) |
(725 ILCS 5/124B-100) |
Sec. 124B-100. Definition; "offense". For purposes of this |
Article, "offense" is defined as follows: |
(1) In the case of forfeiture authorized under Section |
10A-15 of the Criminal Code of 1961, "offense" means the |
offense of involuntary servitude, involuntary servitude of |
a minor, or trafficking of persons for forced labor or |
services in violation of Section 10A-10 of that Code. |
(2) In the case of forfeiture authorized under |
|
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, |
of the Criminal Code of 1961, "offense" means the offense |
of promoting juvenile prostitution or keeping a place of |
juvenile prostitution in violation of subdivision (a)(1) |
of Section 11-14.4, or Section 11-17.1, of that Code. |
(3) In the case of forfeiture authorized under |
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, |
of the Criminal Code of 1961, "offense" means the offense |
of promoting juvenile prostitution or exploitation of a |
child in violation of subdivision (a)(4) of Section |
11-14.4, or Section 11-19.2, of that Code. |
(4) In the case of forfeiture authorized under Section |
11-20 of the Criminal Code of 1961, "offense" means the |
offense of obscenity in violation of that Section. |
(5) In the case of forfeiture authorized under Section |
11-20.1 of the Criminal Code of 1961, "offense" means the |
offense of child pornography in violation of Section |
11-20.1 of that Code. |
(6) In the case of forfeiture authorized under Section |
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" |
means the offense of aggravated child pornography in |
violation of Section 11-20.1B or 11-20.3 of that Code. |
(7) In the case of forfeiture authorized under Section |
12C-65 of the Criminal Code of 1961, "offense" means the |
offense of unlawful transfer of a telecommunications |
device to a minor in violation of Section 12C-65 of that |
|
Code. |
(8) (7) In the case of forfeiture authorized under |
Section 16D-6 of the Criminal Code of 1961, "offense" means |
the offense of computer fraud in violation of Section 16D-5 |
of that Code. |
(9) (8) In the case of forfeiture authorized under |
Section 17B-25 of the Criminal Code of 1961, "offense" |
means any felony violation of Article 17B of that Code. |
(10) (9) In the case of forfeiture authorized under |
Section 29D-65 of the Criminal Code of 1961, "offense" |
means any offense under Article 29D of that Code. |
(11) (10) In the case of forfeiture authorized under |
Section 4.01 of the Humane Care for Animals Act or Section |
26-5 of the Criminal Code of 1961, "offense" means any |
felony offense under either of those Sections.
|
(12) In the case of forfeiture authorized under Section |
124B-1000(b) of the Code of Criminal Procedure of 1963, |
"offense" means an offense prohibited by the Criminal Code |
of 1961, the Illinois Controlled Substances Act, the |
Cannabis Control Act, or the Methamphetamine Control and |
Community Protection Act, or an offense involving a |
telecommunications device possessed by a person on the real |
property of any elementary or secondary school without |
authority of the school principal. |
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) |
|
(725 ILCS 5/Art. 124B Pt. 1000 heading new) |
Part 1000. Unlawful Telecommunications Device |
(725 ILCS 5/124B-1000 new) |
Sec. 124B-1000. Persons and property subject to |
forfeiture. |
(a) A person who commits the offense of unlawful transfer |
of a telecommunications device to a minor in violation of |
Section 12C-65 of the Criminal Code of 1961 shall forfeit any |
telecommunications device used in the commission of the offense |
or which constitutes evidence of the commission of such |
offense. |
(b) A person who commits an offense prohibited by the |
Criminal Code of 1961, the Illinois Controlled Substances Act, |
the Cannabis Control Act, or the Methamphetamine Control and |
Community Protection Act, or an offense involving a |
telecommunications device possessed by a person on the real |
property of any elementary or secondary school without |
authority of the school principal shall forfeit any |
telecommunications device used in the commission of the offense |
or which constitutes evidence of the commission of such |
offense. 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 |
telecommunications device for lawful and legitimate purposes, |
shall not need to obtain authority from the school principal to |
|
possess the telecommunications device on school property. |
(725 ILCS 5/124B-1010 new) |
Sec. 124B-1010. Seizure. A telecommunications device |
subject to forfeiture may be seized and delivered forthwith to |
the investigating law enforcement agency. Such |
telecommunications device shall not be seized unless it was |
used in the commission of an offense specified in Section |
124B-1000, 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, lien |
holders 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. |
(725 ILCS 5/124B-1020 new) |
Sec. 124B-1020. Exception to forfeiture. No |
telecommunications device shall be forfeited 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. |
(725 ILCS 5/124B-1030 new) |
|
Sec. 124B-1030. Transfer of property. Upon the court's |
determination that the telecommunications device is subject to |
forfeiture, the court may, notwithstanding the provisions of |
Section 124B-165(a), upon the request of the investigating law |
enforcement agency, order the property 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. |
(725 ILCS 5/124B-1040 new) |
Sec. 124B-1040. Distribution of property from sale of |
proceeds. The proceeds of any sale of property, 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 property, shall be paid into the |
general fund of the level of government responsible for the |
operation of the investigating law enforcement agency. |
(725 ILCS 5/124B-1045 new) |
Sec. 124B-1045. Definition. "Telecommunications device" |
means a device which is portable or which may be installed in a |
motor vehicle, boat, or other means of transportation, and |
which is capable of receiving or transmitting speech, data, |
signals, or other information, including but not limited to |
paging devices, cellular and mobile telephones, and radio |
transceivers, transmitters and receivers, but not including |
|
radios designed to receive only standard AM and FM broadcasts. |
(725 ILCS 5/124B-1050 new) |
Sec. 124B-1050. Standard forfeiture provisions |
incorporated by reference. All of the provisions of Part 100 of |
this Article are incorporated by reference into this Part 1000. |
Section 10-960. The Child Murderer and Violent Offender |
Against Youth Registration Act is amended by changing Section 5 |
as follows: |
(730 ILCS 154/5) |
Sec. 5. Definitions. |
(a) As used in this Act, "violent offender against youth" |
means any person who is: |
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a |
violent offense against youth set forth
in subsection (b) |
of this Section or the attempt to commit an included |
violent
offense against youth, and: |
(A) is convicted of such offense or an attempt to |
commit such offense;
or |
(B) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or |
(C) is found not guilty by reason of insanity |
|
pursuant to subsection (c) of Section
104-25 of the |
Code of Criminal Procedure of 1963 of such offense or |
an
attempt to commit such offense; or |
(D) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to |
subsection (a) of Section 104-25 of the Code of |
Criminal
Procedure of 1963 for the alleged commission |
or attempted commission of such
offense; or |
(E) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to |
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 of such offense or of the |
attempted commission of such offense; or |
(F) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to |
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 for the alleged violation or |
attempted commission of such offense;
or |
(2) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in subsection (b) or (c-5) of this Section or a
|
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in subsection (b) or (c-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law. |
Convictions that result from or are connected with the same |
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Act as one conviction. Any |
conviction set aside pursuant to law is
not a conviction for |
purposes of this Act. |
For purposes of this Section, "convicted" shall have the |
same meaning as
"adjudicated". For the purposes of this Act, a |
person who is defined as a violent offender against youth as a |
result of being adjudicated a juvenile delinquent under |
paragraph (2) of this subsection (a) upon attaining 17 years of |
age shall be considered as having committed the violent offense |
against youth on or after the 17th birthday of the violent |
offender against youth. Registration of juveniles upon |
attaining 17 years of age shall not extend the original |
registration of 10 years from the date of conviction. |
(b) As used in this Act, "violent offense against youth" |
means: |
|
(1) A violation of any of the following Sections of the
|
Criminal Code of 1961, when the victim is a person under 18 |
years of age and the offense was committed on or
after |
January 1, 1996: |
10-1 (kidnapping), |
10-2 (aggravated kidnapping), |
10-3 (unlawful restraint), |
10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(2) First degree murder under Section 9-1 of the |
Criminal Code of 1961,
when the victim was a person under |
18 years of age and the defendant was at least
17 years of |
age at the time of the commission of the offense. |
(3) Child abduction under paragraph (10) of subsection
|
(b) of Section 10-5 of the Criminal Code of 1961 committed |
by luring or
attempting to lure a child under the age of 16 |
into a motor vehicle, building,
house trailer, or dwelling |
place without the consent of the parent or lawful
custodian |
of the child for other than a lawful purpose and the |
offense was
committed on or after January 1, 1998. |
(4) A violation or attempted violation of the following |
Section
of the Criminal Code of 1961 when the offense was |
committed on or after July
1, 1999: |
10-4 (forcible detention, if the victim is under 18 |
years of age). |
(4.1) Involuntary manslaughter under Section 9-3 of |
|
the Criminal Code of 1961 where baby shaking was the |
proximate cause of death of the victim of the offense. |
(4.2) Endangering the life or health of a child under |
Section 12-21.6 or 12C-5 of the Criminal Code of 1961 that |
results in the death of the child where baby shaking was |
the proximate cause of the death of the child. |
(4.3) Domestic battery resulting in bodily harm under |
Section 12-3.2 of the Criminal Code of 1961 when the |
defendant was 18 years or older and the victim was under 18 |
years of age and the offense was committed on or after July |
26, 2010. |
(4.4) A violation or attempted violation of any of the
|
following Sections or clauses of the Criminal Code of 1961 |
when the victim was under 18 years of age and the offense |
was committed on or after (1) July 26, 2000 if the |
defendant was 18 years of age or older or (2) July 26, 2010 |
and the defendant was under the age of 18: |
12-3.3 (aggravated domestic battery), |
12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), |
12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated |
battery), |
12-3.05(a)(2) or 12-4.1 (heinous battery), |
12-3.05(b) or 12-4.3 (aggravated battery of a |
child), |
12-3.1(a-5) or 12-4.4 (aggravated battery of an |
unborn child), |
|
12-33 (ritualized abuse of a child). |
(4.5) A violation or attempted violation of any of the
|
following Sections of the Criminal Code of 1961 when the |
victim was under 18 years of age and the offense was |
committed on or after (1) August 1, 2001 if the defendant |
was 18 years of age or older or (2) August 1, 2011 and the |
defendant was under the age of 18: |
12-3.05(e)(1), (2), (3), or (4) or 12-4.2 |
(aggravated battery with a firearm), |
12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 |
(aggravated battery with a machine gun), |
12-11 (home invasion). |
(5) A violation of any former law of this State |
substantially equivalent
to any offense listed in this |
subsection (b). |
(b-5) For the purposes of this Section, "first degree |
murder of an adult" means first degree murder under Section 9-1 |
of the Criminal Code of 1961 when the victim was a person 18 |
years of age or older at the time of the commission of the |
offense. |
(c) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (b) and (c-5) of this Section shall
|
constitute a
conviction for the purpose
of this Act. |
(c-5) A person at least 17 years of age at the time of the |
|
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, against |
a person
under 18 years of age, shall be required to register
|
for natural life.
A conviction for an offense of federal, |
Uniform Code of Military Justice,
sister state, or foreign |
country law that is substantially equivalent to any
offense |
listed in this subsection (c-5) shall constitute a
conviction |
for the purpose of this Act. This subsection (c-5) applies to a |
person who committed the offense before June 1, 1996 only if |
the person is incarcerated in an Illinois Department of |
Corrections facility on August 20, 2004. |
(c-6) A person who is convicted or adjudicated delinquent |
of first degree murder of an adult shall be required to |
register for a period of 10 years after conviction or |
adjudication if not confined to a penal institution, hospital, |
or any other institution or facility, and if confined, for a |
period of 10 years after parole, discharge, or release from any |
such facility. A conviction for an offense of federal, Uniform |
Code of Military Justice, sister state, or foreign country law |
that is substantially equivalent to any offense listed in |
subsection (c-6) of this Section shall constitute a conviction |
for the purpose of this Act. This subsection (c-6) does not |
apply to those individuals released from incarceration more |
than 10 years prior to January 1, 2012 ( the effective date of |
Public Act 97-154) this amendatory Act of the 97th General |
Assembly . |
|
(d) As used in this Act, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the violent offender against youth
|
expects to reside, work, or attend school (1) upon his or her |
discharge,
parole or release or
(2) during the service of his |
or her sentence of probation or conditional
discharge, or the |
Sheriff of the county, in the event no Police Chief exists
or |
if the offender intends to reside, work, or attend school in an
|
unincorporated area.
"Law enforcement agency having |
jurisdiction" includes the location where
out-of-state |
students attend school and where out-of-state employees are
|
employed or are otherwise required to register. |
(e) As used in this Act, "supervising officer" means the |
assigned Illinois Department of Corrections parole agent or |
county probation officer. |
(f) As used in this Act, "out-of-state student" means any |
violent
offender against youth who is enrolled in Illinois, on |
a full-time or part-time
basis, in any public or private |
educational institution, including, but not
limited to, any |
secondary school, trade or professional institution, or
|
institution of higher learning. |
(g) As used in this Act, "out-of-state employee" means any |
violent
offender against youth who works in Illinois, |
regardless of whether the individual
receives payment for |
services performed, for a period of time of 10 or more days
or |
for an aggregate period of time of 30 or more days
during any |
|
calendar year.
Persons who operate motor vehicles in the State |
accrue one day of employment
time for any portion of a day |
spent in Illinois. |
(h) As used in this Act, "school" means any public or |
private educational institution, including, but not limited |
to, any elementary or secondary school, trade or professional |
institution, or institution of higher education. |
(i) As used in this Act, "fixed residence" means any and |
all places that a violent offender against youth resides for an |
aggregate period of time of 5 or more days in a calendar year.
|
(j) As used in this Act, "baby shaking" means the
vigorous |
shaking of an infant or a young child that may result
in |
bleeding inside the head and cause one or more of the
following |
conditions: irreversible brain damage; blindness,
retinal |
hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
cord injury, including paralysis; seizures;
learning |
disability; central nervous system injury; closed
head injury; |
rib fracture; subdural hematoma; or death. |
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; |
97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. |
8-16-11; revised 10-4-11.) |
Section 10-965. The Adoption Act is amended by changing |
Section 14 as follows:
|
(750 ILCS 50/14) (from Ch. 40, par. 1517)
|
|
Sec. 14. Judgment.
|
(a) Prior to the entry of the judgment for order of
|
adoption in any case other than an adoption of a related child |
or of an
adult, each petitioner and each
person, agency, |
association, corporation, institution, society or
organization |
involved in the adoption of the child, except a child welfare
|
agency, shall
execute an affidavit setting forth the hospital |
and medical costs, legal
fees, counseling fees, and any other |
fees or expenditures paid in accordance
with the Adoption |
Compensation Prohibition Act or Section 12C-70 of the Criminal |
Code of 1961 .
|
(b) Before the entry of the judgment for adoption, each |
child welfare agency
involved in the adoption of the child |
shall file an affidavit concerning the
costs, expenses, |
contributions, fees, compensation, or other things of value
|
which have been given, promised, or received including but not |
limited to
hospital and medical costs, legal fees, social |
services, living expenses, or
any other expenses related to the |
adoption paid in accordance with the Adoption
Compensation |
Prohibition Act or Section 12C-70 of the Criminal Code of 1961 .
|
If the total amount paid by the child welfare agency is |
$4,500 or more, the
affidavit shall contain an itemization of |
expenditures.
|
If the total amount paid by the child welfare agency is |
less than $4,500, the
agency may file an unitemized affidavit |
stating that the total amount paid is
less than $4,500 unless |
|
the court, in its discretion, requires that agency to
file an |
itemized affidavit.
|
(c) No affidavit need be filed
in the case of an adoption |
of a related child or an adult, nor shall an
affidavit be |
required to be filed
by a non-consenting parent, or by any |
judge, or clerk, involved in an
official capacity in the |
adoption
proceedings.
|
(d) All affidavits filed in accordance with this Section |
shall be under penalty of perjury
and shall include, but are |
not limited to, hospital and medical
costs,
legal fees, social |
services, living expenses or any other expenses
related to the |
adoption or to the placement of the child, whether or not the
|
payments are permitted by applicable laws.
|
(e) Upon the expiration of 6 months after the date
of any |
interim order vesting temporary care, custody and control of a
|
child, other than a related child, in the petitioners, entered |
pursuant
to this Act, the petitioners may apply to the court |
for a judgment of
adoption. Notice of such application shall be |
served by the petitioners
upon the investigating agency or the |
person making such investigation,
and the guardian ad litem. |
After the hearing on such application, at
which the petitioners |
and the child shall appear in person, unless their
presence is |
waived by the court for good cause shown, the court may
enter a |
judgment for adoption, provided the court is
satisfied from the
|
report of the investigating agency or the person making the
|
investigation, and from the evidence, if any, introduced, that |
|
the
adoption is for the welfare of the child and that there is |
a valid
consent, or that no consent is required as provided in |
Section 8 of this
Act.
|
(f) A judgment for adoption of a related child, an adult, |
or a child as
to
whose adoption an agency or person authorized |
by law has the right of
authority to consent may be entered at |
any time after service of process
and after the return day |
designated therein.
|
(f-5) A standby adoption judgment may be entered upon |
notice of the death
of the consenting parent
or upon the |
consenting parent's request that a final judgment for adoption
|
be entered. The notice must be provided to the court within 60 |
days after the
standby adoptive parent's receipt of knowledge |
of death of the consenting parent or the consenting parent's |
request that a
final judgment for adoption be entered. If the |
court finds that adoption is
for the welfare of the child and |
that there is a valid consent, including
consent for standby |
adoption, which is still in effect, or that no consent is
|
required under Section 8 of the Act, a judgment for adoption |
shall be entered
unless the court finds by clear and convincing |
evidence that it is no longer in
the best interest of the child |
for the adoption to be finalized.
|
(g) No special findings of fact or certificate of evidence |
shall be
necessary in any case to support the judgment.
|
(h) Only the circuit court that entered the judgment of the |
adoption may
order the issuance of any contents of the court |
|
file or that the original
birth record of the adoptee be |
provided to any persons.
|
(Source: P.A. 93-732, eff. 1-1-05.)
|
ARTICLE 15 |
Section 15-5. The Children and Family Services Act is |
amended by changing Section 7 as follows:
|
(20 ILCS 505/7) (from Ch. 23, par. 5007)
|
Sec. 7. Placement of children; considerations.
|
(a) In placing any child under this Act, the Department |
shall place
such child, as far as possible, in the care and |
custody of some individual
holding the same religious belief as |
the parents of the child, or with some
child care facility |
which is operated by persons of like religious faith as
the |
parents of such child.
|
(b) In placing a child under this Act, the Department may |
place a child
with a relative if the Department determines that |
the relative
will be able to adequately provide for the child's |
safety and welfare based on the factors set forth in the |
Department's rules governing relative placements, and that the |
placement is consistent with the child's best interests, taking |
into consideration the factors set out in subsection (4.05) of |
Section 1-3 of the Juvenile Court Act of 1987. |
When the Department first assumes custody of a child, in |
|
placing that child under this Act, the Department shall make |
reasonable efforts to identify and locate a relative who is |
ready, willing, and able to care for the child. At a minimum, |
these efforts shall be renewed each time the child requires a |
placement change and it is appropriate for the child to be |
cared for in a home environment. The Department must document |
its efforts to identify and locate such a relative placement |
and maintain the documentation in the child's case file. |
If the Department determines that a placement with any |
identified relative is not in the child's best interests or |
that the relative does not meet the requirements to be a |
relative caregiver, as set forth in Department rules or by |
statute, the Department must document the basis for that |
decision and maintain the documentation in the child's case |
file.
|
If, pursuant to the Department's rules, any person files an |
administrative appeal of the Department's decision not to place |
a child with a relative, it is the Department's burden to prove |
that the decision is consistent with the child's best |
interests. |
When the Department determines that the child requires |
placement in an environment, other than a home environment, the |
Department shall continue to make reasonable efforts to |
identify and locate relatives to serve as visitation resources |
for the child and potential future placement resources, except |
when the Department determines that those efforts would be |
|
futile or inconsistent with the child's best interests. |
If the Department determines that efforts to identify and |
locate relatives would be futile or inconsistent with the |
child's best interests, the Department shall document the basis |
of its determination and maintain the documentation in the |
child's case file. |
If the Department determines that an individual or a group |
of relatives are inappropriate to serve as visitation resources |
or possible placement resources, the Department shall document |
the basis of its determination and maintain the documentation |
in the child's case file. |
When the Department determines that an individual or a |
group of relatives are appropriate to serve as visitation |
resources or possible future placement resources, the |
Department shall document the basis of its determination, |
maintain the documentation in the child's case file, create a |
visitation or transition plan, or both, and incorporate the |
visitation or transition plan, or both, into the child's case |
plan. For the purpose of this subsection, any determination as |
to the child's best interests shall include consideration of |
the factors set out in subsection (4.05) of Section 1-3 of the |
Juvenile Court Act of 1987.
|
The Department may not place a child with a relative, with |
the exception of
certain circumstances which may be waived as |
defined by the Department in
rules, if the results of a check |
of the Law Enforcement Agencies
Data System (LEADS) identifies |
|
a prior criminal conviction of the relative or
any adult member |
of the relative's household for any of the following offenses
|
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, 11-13, 11-35, |
11-40, and 11-45;
|
(3) kidnapping;
|
(3.1) aggravated unlawful restraint;
|
(3.2) forcible detention;
|
(3.3) aiding and abetting child abduction;
|
(4) aggravated kidnapping;
|
(5) child abduction;
|
(6) aggravated battery of a child as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
(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 as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05;
|
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
(e)(4) of Section 12-3.05;
|
(13) tampering with food, drugs, or cosmetics;
|
(14) drug-induced infliction of great bodily harm as |
described in Section 12-4.7 or subdivision (g)(1) of |
Section 12-3.05;
|
(15) aggravated stalking;
|
(16) home invasion;
|
(17) vehicular invasion;
|
(18) criminal transmission of HIV;
|
(19) criminal abuse or neglect of an elderly or |
disabled person as described in Section 12-21 or subsection |
(b) of Section 12-4.4a;
|
(20) child abandonment;
|
(21) endangering the life or health of a child;
|
(22) ritual mutilation;
|
(23) ritualized abuse of a child;
|
(24) an offense in any other state the elements of |
which are similar and
bear a substantial relationship to |
|
any of the foregoing offenses.
|
For the purpose of this subsection, "relative" shall include
|
any person, 21 years of age or over, other than the parent, who |
(i) is
currently related to the child in any of the following |
ways by blood or
adoption: grandparent, sibling, |
great-grandparent, uncle, aunt, nephew, niece,
first cousin, |
second cousin, godparent, great-uncle, or great-aunt; or (ii) |
is
the spouse of such a
relative; or (iii) is the child's |
step-father, step-mother, or adult
step-brother or |
step-sister; "relative" also includes a person related in any
|
of the foregoing ways to a sibling of a child, even though the |
person is not
related to the child, when the
child and its |
sibling are placed together with that person. For children who |
have been in the guardianship of the Department, have been |
adopted, and are subsequently returned to the temporary custody |
or guardianship of the Department, a "relative" may also |
include any person who would have qualified as a relative under |
this paragraph prior to the adoption, but only if the |
Department determines, and documents, that it would be in the |
child's best interests to consider this person a relative, |
based upon the factors for determining best interests set forth |
in subsection (4.05) of Section 1-3 of the Juvenile Court Act |
of 1987. A relative with
whom a child is placed pursuant to |
this subsection may, but is not required to,
apply for |
licensure as a foster family home pursuant to the Child Care |
Act of
1969; provided, however, that as of July 1, 1995, foster |
|
care payments shall be
made only to licensed foster family |
homes pursuant to the terms of Section 5 of
this Act.
|
(c) In placing a child under this Act, the Department shall |
ensure that
the child's health, safety, and best interests are |
met.
In rejecting placement of a child with an identified |
relative, the Department shall ensure that the child's health, |
safety, and best interests are met. In evaluating the best |
interests of the child, the Department shall take into |
consideration the factors set forth in subsection (4.05) of |
Section 1-3 of the Juvenile Court Act of 1987.
|
The Department shall consider the individual needs of the
|
child and the capacity of the prospective foster or adoptive
|
parents to meet the needs of the child. When a child must be |
placed
outside his or her home and cannot be immediately |
returned to his or her
parents or guardian, a comprehensive, |
individualized assessment shall be
performed of that child at |
which time the needs of the child shall be
determined. Only if |
race, color, or national origin is identified as a
legitimate |
factor in advancing the child's best interests shall it be
|
considered. Race, color, or national origin shall not be |
routinely
considered in making a placement decision. The |
Department shall make
special
efforts for the diligent |
recruitment of potential foster and adoptive families
that |
reflect the ethnic and racial diversity of the children for |
whom foster
and adoptive homes are needed. "Special efforts" |
shall include contacting and
working with community |
|
organizations and religious organizations and may
include |
contracting with those organizations, utilizing local media |
and other
local resources, and conducting outreach activities.
|
(c-1) At the time of placement, the Department shall |
consider concurrent
planning, as described in subsection (l-1) |
of Section 5, so that permanency may
occur at the earliest |
opportunity. Consideration should be given so that if
|
reunification fails or is delayed, the placement made is the |
best available
placement to provide permanency for the child.
|
(d) The Department may accept gifts, grants, offers of |
services, and
other contributions to use in making special |
recruitment efforts.
|
(e) The Department in placing children in adoptive or |
foster care homes
may not, in any policy or practice relating |
to the placement of children for
adoption or foster care, |
discriminate against any child or prospective adoptive
or |
foster parent on the basis of race.
|
(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; |
96-1551, Article 2, Section 920, eff. 7-1-11; revised 9-30-11.) |
Section 15-10. The Criminal Identification Act is amended |
by changing Section 5.2 as follows: |
(20 ILCS 2630/5.2) |
Sec. 5.2. Expungement and sealing. |
(a) General Provisions. |
|
(1) Definitions. In this Act, words and phrases have
|
the meanings set forth in this subsection, except when a
|
particular context clearly requires a different meaning. |
(A) The following terms shall have the meanings |
ascribed to them in the Unified Code of Corrections, |
730 ILCS 5/5-1-2 through 5/5-1-22: |
(i) Business Offense (730 ILCS 5/5-1-2), |
(ii) Charge (730 ILCS 5/5-1-3), |
(iii) Court (730 ILCS 5/5-1-6), |
(iv) Defendant (730 ILCS 5/5-1-7), |
(v) Felony (730 ILCS 5/5-1-9), |
(vi) Imprisonment (730 ILCS 5/5-1-10), |
(vii) Judgment (730 ILCS 5/5-1-12), |
(viii) Misdemeanor (730 ILCS 5/5-1-14), |
(ix) Offense (730 ILCS 5/5-1-15), |
(x) Parole (730 ILCS 5/5-1-16), |
(xi) Petty Offense (730 ILCS 5/5-1-17), |
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), |
(xiv) Supervision (730 ILCS 5/5-1-21), and |
(xv) Victim (730 ILCS 5/5-1-22). |
(B) As used in this Section, "charge not initiated |
by arrest" means a charge (as defined by 730 ILCS |
5/5-1-3) brought against a defendant where the |
defendant is not arrested prior to or as a direct |
result of the charge. |
|
(C) "Conviction" means a judgment of conviction or |
sentence entered upon a plea of guilty or upon a |
verdict or finding of guilty of an offense, rendered by |
a legally constituted jury or by a court of competent |
jurisdiction authorized to try the case without a jury. |
An order of supervision successfully completed by the |
petitioner is not a conviction. An order of qualified |
probation (as defined in subsection (a)(1)(J)) |
successfully completed by the petitioner is not a |
conviction. An order of supervision or an order of |
qualified probation that is terminated |
unsatisfactorily is a conviction, unless the |
unsatisfactory termination is reversed, vacated, or |
modified and the judgment of conviction, if any, is |
reversed or vacated. |
(D) "Criminal offense" means a petty offense, |
business offense, misdemeanor, felony, or municipal |
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic |
offense (as defined in subsection (a)(1)(G)) shall not |
be considered a criminal offense. |
(E) "Expunge" means to physically destroy the |
records or return them to the petitioner and to |
obliterate the petitioner's name from any official |
index or public record, or both. Nothing in this Act |
shall require the physical destruction of the circuit |
|
court file, but such records relating to arrests or |
charges, or both, ordered expunged shall be impounded |
as required by subsections (d)(9)(A)(ii) and |
(d)(9)(B)(ii). |
(F) As used in this Section, "last sentence" means |
the sentence, order of supervision, or order of |
qualified probation (as defined by subsection |
(a)(1)(J)), for a criminal offense (as defined by |
subsection (a)(1)(D)) that terminates last in time in |
any jurisdiction, regardless of whether the petitioner |
has included the criminal offense for which the |
sentence or order of supervision or qualified |
probation was imposed in his or her petition. If |
multiple sentences, orders of supervision, or orders |
of qualified probation terminate on the same day and |
are last in time, they shall be collectively considered |
the "last sentence" regardless of whether they were |
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, |
business offense, or Class C misdemeanor under the |
Illinois Vehicle Code or a similar provision of a |
municipal or local ordinance. |
(H) "Municipal ordinance violation" means an |
offense defined by a municipal or local ordinance that |
is criminal in nature and with which the petitioner was |
charged or for which the petitioner was arrested and |
|
released without charging. |
(I) "Petitioner" means an adult or a minor |
prosecuted as an
adult who has applied for relief under |
this Section. |
(J) "Qualified probation" means an order of |
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, Section 40-10 of the Alcoholism |
and Other Drug Abuse and Dependency Act, or Section 10 |
of the Steroid Control Act. For the purpose of this |
Section, "successful completion" of an order of |
qualified probation under Section 10-102 of the |
Illinois Alcoholism and Other Drug Dependency Act and |
Section 40-10 of the Alcoholism and Other Drug Abuse |
and Dependency Act means that the probation was |
terminated satisfactorily and the judgment of |
conviction was vacated. |
(K) "Seal" means to physically and electronically |
maintain the records, unless the records would |
otherwise be destroyed due to age, but to make the |
records unavailable without a court order, subject to |
|
the exceptions in Sections 12 and 13 of this Act. The |
petitioner's name shall also be obliterated from the |
official index required to be kept by the circuit court |
clerk under Section 16 of the Clerks of Courts Act, but |
any index issued by the circuit court clerk before the |
entry of the order to seal shall not be affected. |
(L) "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. |
(M) "Terminate" as it relates to a sentence or |
order of supervision or qualified probation includes |
either satisfactory or unsatisfactory termination of |
the sentence, unless otherwise specified in this |
Section. |
(2) Minor Traffic Offenses.
Orders of supervision or |
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records |
pursuant to this Section. |
(3) Exclusions. Except as otherwise provided in |
subsections (b)(5), (b)(6), and (e) of this Section, the |
court shall not order: |
(A) the sealing or expungement of the records of |
arrests or charges not initiated by arrest that result |
in an order of supervision for or conviction of:
(i) |
any sexual offense committed against a
minor; (ii) |
|
Section 11-501 of the Illinois Vehicle Code or a |
similar provision of a local ordinance; or (iii) |
Section 11-503 of the Illinois Vehicle Code or a |
similar provision of a local ordinance. |
(B) the sealing or expungement of records of minor |
traffic offenses (as defined in subsection (a)(1)(G)), |
unless the petitioner was arrested and released |
without charging. |
(C) the sealing of the records of arrests or |
charges not initiated by arrest which result in an |
order of supervision, an order of qualified probation |
(as defined in subsection (a)(1)(J)), or a conviction |
for the following offenses: |
(i) offenses included in 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 or a similar provision of a |
local ordinance; |
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or |
26-5 of the Criminal Code of 1961 or a similar |
provision of a local ordinance; |
(iii) offenses defined as "crimes of violence" |
in Section 2 of the Crime Victims Compensation Act |
or a similar provision of a local ordinance; |
(iv) offenses which are Class A misdemeanors |
under the Humane Care for Animals Act; or |
|
(v) any offense or attempted offense that |
would subject a person to registration under the |
Sex Offender Registration Act. |
(D) the sealing of the records of an arrest which |
results in
the petitioner being charged with a felony |
offense or records of a charge not initiated by arrest |
for a felony offense unless: |
(i) the charge is amended to a misdemeanor and |
is otherwise
eligible to be sealed pursuant to |
subsection (c); |
(ii) the charge is brought along with another |
charge as a part of one case and the charge results |
in acquittal, dismissal, or conviction when the |
conviction was reversed or vacated, and another |
charge brought in the same case results in a |
disposition for a misdemeanor offense that is |
eligible to be sealed pursuant to subsection (c) or |
a disposition listed in paragraph (i), (iii), or |
(iv) of this subsection; |
(iii) the charge results in first offender |
probation as set forth in subsection (c)(2)(E); |
(iv) the charge is for a Class 4 felony offense |
listed in subsection (c)(2)(F) or the charge is |
amended to a Class 4 felony offense listed in |
subsection (c)(2)(F). Records of arrests which |
result in the petitioner being charged with a Class |
|
4 felony offense listed in subsection (c)(2)(F), |
records of charges not initiated by arrest for |
Class 4 felony offenses listed in subsection |
(c)(2)(F), and records of charges amended to a |
Class 4 felony offense listed in (c)(2)(F) may be |
sealed, regardless of the disposition, subject to |
any waiting periods set forth in subsection |
(c)(3); |
(v) the charge results in acquittal, |
dismissal, or the petitioner's release without |
conviction; or |
(vi) the charge results in a conviction, but |
the conviction was reversed or vacated. |
(b) Expungement. |
(1) A petitioner may petition the circuit court to |
expunge the
records of his or her arrests and charges not |
initiated by arrest when: |
(A) He or she has never been convicted of a |
criminal offense; and |
(B) Each arrest or charge not initiated by arrest
|
sought to be expunged resulted in:
(i) acquittal, |
dismissal, or the petitioner's release without |
charging, unless excluded by subsection (a)(3)(B);
|
(ii) a conviction which was vacated or reversed, unless |
excluded by subsection (a)(3)(B);
(iii) an order of |
supervision and such supervision was successfully |
|
completed by the petitioner, unless excluded by |
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
qualified probation (as defined in subsection |
(a)(1)(J)) and such probation was successfully |
completed by the petitioner. |
(2) Time frame for filing a petition to expunge. |
(A) When the arrest or charge not initiated by |
arrest sought to be expunged resulted in an acquittal, |
dismissal, the petitioner's release without charging, |
or the reversal or vacation of a conviction, there is |
no waiting period to petition for the expungement of |
such records. |
(B) When the arrest or charge not initiated by |
arrest
sought to be expunged resulted in an order of |
supervision, successfully
completed by the petitioner, |
the following time frames will apply: |
(i) Those arrests or charges that resulted in |
orders of
supervision under Section 3-707, 3-708, |
3-710, or 5-401.3 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, or under |
Section 11-1.50, 12-3.2 , or 12-15 of the Criminal |
Code of 1961 or a similar provision of a local |
ordinance, shall not be eligible for expungement |
until 5 years have passed following the |
satisfactory termination of the supervision. |
(ii) Those arrests or charges that resulted in |
|
orders
of supervision for any other offenses shall |
not be
eligible for expungement until 2 years have |
passed
following the satisfactory termination of |
the supervision. |
(C) When the arrest or charge not initiated by |
arrest sought to
be expunged resulted in an order of |
qualified probation, successfully
completed by the |
petitioner, such records shall not be eligible for
|
expungement until 5 years have passed following the |
satisfactory
termination of the probation. |
(3) 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. |
(4) Whenever a person has been arrested for or |
convicted of any
offense, in the name of a person whose |
identity he or she 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
|
or her 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 or her 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 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. |
(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 petitioner's trial to have a court order entered to |
seal
the records of the circuit court clerk 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 circuit court clerk in
|
connection with the proceedings of the trial court
|
concerning the offense available for public inspection. |
(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 petitioner 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. |
(7) Nothing in this Section 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 or subdivision (b)(1) of Section |
12-3.05 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. |
(c) Sealing. |
(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) Eligible Records. The following records may be |
sealed: |
(A) All arrests resulting in release without |
charging; |
(B) Arrests or charges not initiated by arrest |
resulting in acquittal, dismissal, or conviction when |
the conviction was reversed or vacated, except as |
excluded by subsection (a)(3)(B); |
(C) Arrests or charges not initiated by arrest |
resulting in orders of supervision successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3); |
(D) Arrests or charges not initiated by arrest |
resulting in convictions unless excluded by subsection |
(a)(3); |
(E) Arrests or charges not initiated by arrest |
resulting in orders of first offender probation under |
Section 10 of the Cannabis Control Act, Section 410 of |
the Illinois Controlled Substances Act, or Section 70 |
of the Methamphetamine Control and Community |
Protection Act; and |
(F) Arrests or charges not initiated by arrest |
|
resulting in Class 4 felony convictions for the |
following offenses: |
(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; |
(iv) the Methamphetamine Precursor Control |
Act; and |
(v) the Steroid Control Act. |
(3) When Records Are Eligible to Be Sealed. Records |
identified as eligible under subsection (c)(2) may be |
sealed as follows: |
(A) Records identified as eligible under |
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
time. |
(B) Records identified as eligible under |
subsection (c)(2)(C) may be sealed
(i) 3 years after |
the termination of petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
never been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)); or
(ii) 4 years after the |
termination of the petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
ever been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)). |
(C) Records identified as eligible under |
|
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
sealed 4 years after the termination of the |
petitioner's last sentence (as defined in subsection |
(a)(1)(F)). |
(4) Subsequent felony convictions. A person may not |
have
subsequent felony conviction records sealed as |
provided in this subsection
(c) if he or she is convicted |
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection |
(c). The court may, upon conviction for a subsequent felony |
offense, order the unsealing of prior felony conviction |
records previously ordered sealed by the court. |
(5) Notice of eligibility for sealing. Upon entry of a |
disposition for an eligible record under this subsection |
(c), the petitioner shall be informed by the court of the |
right to have the records sealed and the procedures for the |
sealing of the records. |
(d) Procedure. The following procedures apply to |
expungement under subsections (b) and (e), and sealing under |
subsection (c): |
(1) Filing the petition. Upon becoming eligible to |
petition for
the expungement or sealing of records under |
this Section, the petitioner shall file a petition |
requesting the expungement
or sealing of records with the |
clerk of the court where the arrests occurred or the |
charges were brought, or both. If arrests occurred or |
|
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. |
(2) Contents of petition. The petition shall be
|
verified and shall contain the petitioner's name, date of
|
birth, current address and, for each arrest or charge not |
initiated by
arrest sought to be sealed or expunged, the |
case number, the date of
arrest (if any), 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
circuit court |
clerk of any change of his or her address. |
(3) Drug test. The petitioner must attach to the |
petition proof that the petitioner has passed a test taken |
within 30 days before the filing of the petition showing |
the absence within his or her body of all illegal |
substances as defined by the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act, and the Cannabis Control Act if he or she |
is petitioning to seal felony records pursuant to clause |
(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is |
petitioning to expunge felony records of a qualified |
probation pursuant to clause (b)(1)(B)(iv). |
(4) Service of petition. The circuit court 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. |
(5) Objections. |
(A) Any party entitled to notice of the petition |
may file an objection to the petition. All objections |
shall be in writing, shall be filed with the circuit |
court clerk, and shall state with specificity the basis |
of the objection. |
(B) Objections to a petition to expunge or seal |
must be filed within 60 days of the date of service of |
the petition. |
(6) Entry of order. |
(A) 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 petitioner's trial, if any, shall rule on the |
petition to expunge or seal as set forth in this |
subsection (d)(6). |
(B) Unless the State's Attorney or prosecutor, the |
Department of
State Police, the arresting agency, or |
the chief legal officer
files an objection to the |
petition to expunge or seal within 60 days from the |
date of service of the petition, the court shall enter |
an order granting or denying the petition. |
|
(7) Hearings. If an objection is filed, the court shall |
set a date for a hearing and notify the petitioner and all |
parties entitled to notice of the petition of the hearing |
date at least 30 days prior to the hearing, and shall hear |
evidence on whether the petition should or should not be |
granted, and shall grant or deny the petition to expunge or |
seal the records based on the evidence presented at the |
hearing. |
(8) Service of order. After entering an order to |
expunge or
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. |
(9) Effect of order. |
(A) Upon entry of an order to expunge records |
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency, |
the Department, and any other agency as ordered by |
the court, within 60 days of the date of service of |
the order, unless a motion to vacate, modify, or |
reconsider the order is filed pursuant to |
|
paragraph (12) of subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner 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; |
and |
(iii) in response to an inquiry for expunged |
records, the court, the Department, or the agency |
receiving such inquiry, shall reply as it does in |
response to inquiries when no records ever |
existed. |
(B) Upon entry of an order to expunge records |
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency |
and any other agency as ordered by the court, |
within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider |
the order is filed pursuant to paragraph (12) of |
subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
|
upon good cause shown and the name of the |
petitioner 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; |
(iii) the records shall be impounded by the
|
Department within 60 days of the date of service of |
the order as ordered by the court, unless a motion |
to vacate, modify, or reconsider the order is filed |
pursuant to paragraph (12) of subsection (d) of |
this Section; |
(iv) records impounded 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 a similar offense or for the purpose of |
sentencing for any subsequent felony, and to the |
Department of Corrections upon conviction for any |
offense; and |
(v) in response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever |
existed. |
|
(C) Upon entry of an order to seal records under |
subsection
(c), the arresting agency, any other agency |
as ordered by the court, the Department, and the court |
shall seal the records (as defined in subsection |
(a)(1)(K)). In response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever existed. |
(10) Fees. The Department may charge the petitioner a |
fee equivalent to the cost of processing any order to |
expunge or seal records. Notwithstanding any provision of |
the Clerks of Courts Act to the contrary, the circuit court |
clerk may charge a fee equivalent to the cost associated |
with the sealing or expungement of records by the circuit |
court clerk. From the total filing fee collected for the |
petition to seal or expunge, the circuit court clerk shall |
deposit $10 into the Circuit Court Clerk Operation and |
Administrative Fund, to be used to offset the costs |
incurred by the circuit court clerk in performing the |
additional duties required to serve the petition to seal or |
expunge on all parties. The circuit court clerk shall |
collect and forward the Department of State Police portion |
of the fee to the Department and it shall be deposited in |
the State Police Services Fund. |
(11) Final Order. No court order issued under the |
|
expungement or sealing provisions of this Section shall |
become final for purposes of appeal until 30 days after |
service of the order on the petitioner and all parties |
entitled to notice of the petition. |
(12) Motion to Vacate, Modify, or Reconsider. The |
petitioner or any party entitled to notice may file a |
motion to vacate, modify, or reconsider the order granting |
or denying the petition to expunge or seal within 60 days |
of service of the order. |
(e) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he or she 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, 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 circuit court clerk 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 or she 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
circuit court clerk |
shall promptly mail a copy of the order to the
person who was |
pardoned. |
(f) 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. 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, 2010.
|
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; |
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, |
|
eff. 8-19-11; revised 9-6-11.) |
Section 15-15. The Illinois Municipal Code is amended by |
changing Section 10-1-7 as follows:
|
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
|
Sec. 10-1-7. Examination of applicants; disqualifications.
|
(a) All applicants for offices or places in the classified |
service, except
those mentioned in Section 10-1-17, are subject |
to examination. The
examination shall be public, competitive, |
and open to all citizens of the
United States, with specified |
limitations as to residence, age, health, habits
and moral |
character.
|
(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive
for that |
individual during his or her period of service for that |
municipality,
or be made a condition of promotion, except for |
the rank or position of Fire or
Police Chief.
|
(c) No person with a record of misdemeanor convictions |
except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, |
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and |
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) |
|
of Section 24-1 of the Criminal Code of 1961 or arrested for |
any cause but
not convicted on that cause shall be disqualified |
from taking the examination
on grounds of habits or moral |
character, unless the person is attempting to
qualify for a |
position on the police department, in which case the conviction
|
or arrest may be considered as a factor in determining the |
person's habits or
moral character.
|
(d) Persons entitled to military preference under Section |
10-1-16
shall not be subject to limitations specifying age |
unless they are
applicants for a position as a fireman or a |
policeman having no previous
employment status as a fireman or |
policeman in the regularly constituted
fire or police |
department of the municipality, in which case they must not
|
have attained their 35th birthday, except any person who has |
served as an
auxiliary police officer under Section 3.1-30-20 |
for at least 5 years and is
under 40 years of age.
|
(e) All employees of a municipality of less than 500,000 |
population (except
those who would be excluded from the |
classified service as provided in this
Division 1) who are |
holding that employment as of the date a municipality
adopts |
this Division 1, or as of July 17, 1959, whichever date is the |
later,
and who have held that employment for at least 2 years |
immediately before that
later date, and all firemen and |
policemen regardless of length of service who
were either |
appointed to their respective positions by the board of fire |
and
police commissioners under the provisions of Division 2 of |
|
this Article or who
are serving in a position (except as a |
temporary employee) in the fire or
police department in the |
municipality on the date a municipality adopts
this Division 1, |
or as of July 17, 1959, whichever date is the later, shall
|
become members of the classified civil service of the |
municipality
without examination.
|
(f) The examinations shall be practical in their character, |
and shall
relate to those matters that will fairly test the |
relative capacity of the
persons examined to discharge the |
duties of the positions to which they
seek to be appointed. The |
examinations shall include tests of physical
qualifications, |
health, and (when appropriate) manual skill. If an applicant
is |
unable to pass the physical examination solely as the result of |
an injury
received by the applicant as the result of the |
performance of an act of duty
while working as a temporary |
employee in the position for which he or she is
being examined, |
however, the physical examination shall be waived and the
|
applicant shall be considered to have passed the examination. |
No questions in
any examination shall relate to political or |
religious opinions or
affiliations. Results of examinations |
and the eligible registers prepared from
the results shall be |
published by the commission within 60 days after any
|
examinations are held.
|
(g) The commission shall control all examinations, and may, |
whenever an
examination is to take place, designate a suitable |
number of persons,
either in or not in the official service of |
|
the municipality, to be
examiners. The examiners shall conduct |
the examinations as directed by the
commission and shall make a |
return or report of the examinations to the
commission. If the |
appointed examiners are in the official service of the
|
municipality, the examiners shall not receive extra |
compensation for conducting
the examinations. The commission |
may at any time substitute any other person,
whether or not in |
the service of the municipality, in the place of any one
|
selected as an examiner. The commission members may themselves |
at any time act
as examiners without appointing examiners. The |
examiners at any examination
shall not all be members of the |
same political party.
|
(h) In municipalities of 500,000 or more population, no |
person who has
attained his or her 35th birthday shall be |
eligible to take an examination for
a position as a fireman or |
a policeman unless the person has had previous
employment |
status as a policeman or fireman in the regularly constituted |
police
or fire department of the municipality, except as |
provided in this Section.
|
(i) In municipalities of more than 5,000 but not more than |
200,000
inhabitants, no person who has attained his or her 35th |
birthday shall be
eligible to take an examination for a |
position as a fireman or a policeman
unless the person has had |
previous employment status as a policeman or fireman
in the |
regularly constituted police or fire department of the |
municipality,
except as provided in this Section.
|
|
(j) In all municipalities, applicants who are 20 years of |
age and who have
successfully completed 2 years of law |
enforcement studies at an accredited
college or university may |
be considered for appointment to active duty with
the police |
department. An applicant described in this subsection (j) who |
is
appointed to active duty shall not have power of arrest, nor |
shall the
applicant be permitted to carry firearms, until he or |
she reaches 21 years of
age.
|
(k) In municipalities of more than 500,000 population, |
applications for
examination for and appointment to positions |
as firefighters or police
shall be made available at various |
branches of the public library of the
municipality.
|
(l) No municipality having a population less than 1,000,000 |
shall require
that any fireman appointed to the lowest rank |
serve a probationary employment
period of longer than one year. |
The limitation on periods of probationary
employment provided |
in this amendatory Act of 1989 is an exclusive power and
|
function of the State. Pursuant to subsection (h) of Section 6 |
of Article VII
of the Illinois Constitution, a home rule |
municipality having a population less
than 1,000,000 must |
comply with this limitation on periods of probationary
|
employment, which is a denial and limitation of home rule |
powers.
Notwithstanding anything to the contrary in this |
Section, the probationary
employment period limitation may be |
extended for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the |
|
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
certification.
|
(m) To the extent that this Section or any other Section in |
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then |
Section 10-1-7.1 or 10-1-7.2 shall control. |
(Source: P.A. 96-1551, eff. 7-1-11; 97-0251, eff. 8-4-11; |
revised 9-15-11.)
|
Section 15-20. 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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 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, in subsection (a) and subsection (b),
clause (1), of |
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of |
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 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) 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. 96-1551, Article 1, Section 920, eff. 7-1-11; |
96-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.) |
Section 15-25. 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, 11-13, 11-35, |
11-40, and 11-45;
|
(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 as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
(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 as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05;
|
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
(e)(4) of Section 12-3.05;
|
(13) tampering with food, drugs, or cosmetics;
|
(14) drug induced infliction of great bodily harm as |
described in Section 12-4.7 or subdivision (g)(1) of |
Section 12-3.05;
|
(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 as described in Section 12-21 or subsection |
(b) of Section 12-4.4a;
|
(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 criminal 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 criminal neglect of a long term care |
facility resident.
|
(13) Felony violation of an order of protection.
|
|
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. 96-1551, Article 1, Section 925, eff. 7-1-11; |
96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.) |
Section 15-30. The Nursing Home Administrators Licensing |
and Disciplinary Act is amended by changing Section 17 as |
follows: |
(225 ILCS 70/17) (from Ch. 111, par. 3667) |
Sec. 17. Grounds for disciplinary action. |
(a) The Department may impose fines not to exceed $10,000
|
or may
refuse to issue or to renew, or may revoke, suspend, |
place on probation,
censure, reprimand or take other |
disciplinary or non-disciplinary action with regard to the
|
license of any person, for any one or combination
of the |
following causes: |
(1) Intentional material misstatement in furnishing |
|
information
to
the Department. |
(2) Conviction of or entry of a plea of guilty or nolo |
contendere to any crime that is a felony under the laws of |
the United States
or any
state or territory thereof or
a |
misdemeanor of which an
essential element is dishonesty or |
that is directly
related to the practice of the profession |
of nursing home administration. |
(3) Making any misrepresentation for the purpose of |
obtaining
a license,
or violating any provision of this |
Act. |
(4) Immoral conduct in the commission of any act, such |
as
sexual abuse or
sexual misconduct, related to the |
licensee's practice. |
(5) Failing to respond within 30
days, to a
written |
request made by the Department for information. |
(6) Engaging in dishonorable, unethical or |
unprofessional
conduct of a
character likely to deceive, |
defraud or harm the public. |
(7) Habitual use or addiction to alcohol, narcotics,
|
stimulants, or any
other chemical agent or drug which |
results in the inability to practice
with reasonable |
judgment, skill or safety. |
(8) Discipline by another U.S. jurisdiction if at
least |
one of the grounds for the discipline is the same or |
substantially
equivalent to those set forth herein. |
(9) A finding by the Department that the licensee, |
|
after having
his or her license
placed on probationary |
status has violated the terms of probation. |
(10) Willfully making or filing false records or |
reports in
his or her
practice,
including but not limited |
to false records filed with State agencies or
departments. |
(11) Physical illness, mental illness, or other |
impairment or disability, including, but not limited to,
|
deterioration
through the aging process, or loss of motor |
skill that results in
the
inability to practice the |
profession with reasonable judgment, skill or safety. |
(12) Disregard or violation of this Act or of any rule
|
issued pursuant to this Act. |
(13) Aiding or abetting another in the violation of |
this Act
or any rule
or regulation issued pursuant to this |
Act. |
(14) Allowing one's license to be used by an unlicensed
|
person. |
(15) (Blank).
|
(16) Professional incompetence in the practice of |
nursing
home administration. |
(17) Conviction of a violation of Section 12-19 or |
subsection (a) of Section 12-4.4a of the
Criminal Code of
|
1961 for the abuse and criminal neglect of a long term care |
facility resident. |
(18) Violation of the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act, or the ID/DD |
|
Community Care Act or of any rule
issued under the Nursing |
Home Care Act, the Specialized Mental Health |
Rehabilitation Act, or the ID/DD Community Care Act. A |
final adjudication of a Type "AA" violation of the Nursing |
Home Care Act made by the Illinois Department of Public |
Health, as identified by rule, relating to the hiring, |
training, planning, organizing, directing, or supervising |
the operation of a nursing home and a licensee's failure to |
comply with this Act or the rules adopted under this Act, |
shall create a rebuttable presumption of a violation of |
this subsection. |
(19) Failure to report to the Department any adverse |
final action taken against the licensee by a licensing |
authority of another state, territory of the United States, |
or foreign country; or by any governmental or law |
enforcement agency; or by any court for acts or conduct |
similar to acts or conduct that would constitute grounds |
for disciplinary action under this Section. |
(20) Failure to report to the Department the surrender |
of a license or authorization to practice as a nursing home |
administrator in another state or jurisdiction for acts or |
conduct similar to acts or conduct that would constitute |
grounds for disciplinary action under this Section. |
(21) 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 |
|
that would constitute grounds for disciplinary action |
under this Section. |
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
5
years next after |
receipt by the Department of (i) a
complaint
alleging the |
commission of or notice of the conviction order
for any of the |
acts described herein or (ii) a referral for investigation
|
under
Section 3-108 of the Nursing Home Care Act. |
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 Department order based upon a
|
finding by the Board that they have been determined to
be |
recovered from mental illness by the court and upon the
Board's |
recommendation that they be permitted to resume their practice. |
The Department, upon the recommendation of the
Board, may
|
adopt rules which set forth
standards to be used in determining |
what constitutes: |
(i)
when a person will be deemed sufficiently
|
rehabilitated to warrant the public trust; |
(ii)
dishonorable, unethical or
unprofessional conduct |
of a character likely to deceive,
defraud, or harm the |
public; |
|
(iii)
immoral conduct in the commission
of any act |
related to the licensee's practice; and |
(iv)
professional incompetence in the practice
of |
nursing home administration. |
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 Department or Board, upon a |
showing of a
possible
violation,
may compel any individual |
licensed to practice under this
Act, or who has applied for |
licensure
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 |
Department or Board.
The Department or Board 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 communications 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 Department |
|
finds, after notice
and hearing, that the refusal to submit to |
the examination
was without reasonable cause. |
If the Department or Board
finds an individual unable to |
practice
because of the reasons
set forth in this Section, the |
Department or Board shall
require such individual to submit to |
care, counseling, or
treatment by physicians approved or |
designated by the
Department or Board, as a condition, term, or |
restriction for
continued,
reinstated, or renewed licensure to |
practice; or in lieu of care, counseling,
or
treatment, the |
Department may file, or the Board may recommend to the
|
Department to
file, a complaint to
immediately suspend, revoke, |
or otherwise discipline the license of the
individual.
Any |
individual whose license was granted pursuant to
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
|
shall be referred to the Secretary
for a
determination as to |
whether the licensee shall have his or her
license suspended |
immediately, pending a hearing by the
Department. In instances |
in which the Secretary
immediately suspends a license under |
this Section, a hearing
upon such person's license must be |
convened by the
Board within 30
days after such suspension and
|
completed without appreciable delay. The Department and Board
|
shall have the authority to review the subject administrator'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 |
Department or Board that he or she can
resume
practice in |
compliance with acceptable and prevailing
standards under the |
provisions of his or her license. |
(b) Any individual or
organization acting in good faith, |
and not in a wilful and
wanton manner, in complying with this |
Act by providing any
report or other information to the |
Department, or
assisting in the investigation or preparation of |
such
information, or by participating in proceedings of the
|
Department, or by serving as a member of the
Board, shall not, |
as a result of such actions,
be subject to criminal prosecution |
or civil damages. |
(c) Members of the Board, and persons
retained under |
contract to assist and advise in an investigation,
shall be |
indemnified by the State for any actions
occurring within the |
scope of services on or for the Board, done in good
faith
and |
not wilful and wanton in
nature. The Attorney General shall |
defend all such actions
unless he or she determines either that |
there would be a
conflict of interest in such representation or |
that the
actions complained of were not in good faith or were |
wilful and wanton. |
Should the Attorney General decline representation,
a |
person entitled to indemnification under this Section shall |
|
have the
right to employ counsel of his or her
choice, whose |
fees shall be provided by the State, after
approval by the |
Attorney General, unless there is a
determination by a court |
that the member's actions were not
in good faith or were wilful |
and wanton. |
A person entitled to indemnification under this
Section |
must notify the Attorney General within 7
days of receipt of |
notice of the initiation of any action
involving services of |
the Board. Failure to so
notify the Attorney General shall |
constitute an absolute
waiver of the right to a defense and |
indemnification. |
The Attorney General shall determine within 7 days
after |
receiving such notice, whether he or she will undertake to |
represent
a
person entitled to indemnification under this |
Section. |
(d) The determination by a circuit court that a licensee is |
subject to
involuntary admission or judicial admission as |
provided in the Mental
Health and Developmental Disabilities |
Code, as amended, operates as an
automatic suspension. Such |
suspension will end only upon a finding by a
court that the |
patient is no longer subject to involuntary admission or
|
judicial admission and issues an order so finding and |
discharging the
patient; and upon the recommendation of the |
Board to the Secretary
that
the licensee be allowed to resume |
his or her practice. |
(e) The Department may refuse to issue or may suspend 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 Department of Revenue, until |
such time as the requirements of any
such tax Act are |
satisfied. |
(f) The Department of Public Health shall transmit to the
|
Department a list of those facilities which receive an "A" |
violation as
defined in Section 1-129 of the Nursing Home Care |
Act. |
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; |
96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; |
revised 9-26-11.) |
Section 15-35. The Fire Sprinkler Contractor Licensing Act |
is amended by changing Section 32 as follows: |
(225 ILCS 317/32) |
Sec. 32. Application for building permit; identity theft. A |
person who knowingly, in the course of applying for a building |
permit with a unit of local government, provides the license |
number of a fire sprinkler contractor whom he or she does not |
intend to have perform the work on the fire sprinkler portion |
of the project commits identity theft under paragraph (8) (9) |
of subsection (a) of Section 16-30 of the Criminal Code of |
1961.
|
|
(Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; |
97-597, eff. 1-1-12; revised 9-26-11.) |
Section 15-40. The Illinois Roofing Industry Licensing Act |
is amended by changing Section 5 as follows:
|
(225 ILCS 335/5) (from Ch. 111, par. 7505)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 5. Display of license number; advertising.
|
(a) Each State licensed roofing contractor shall
affix the |
roofing contractor license number and the licensee's name, as |
it appears on the license, to all of his
or
her contracts and |
bids. In
addition, the official issuing building permits shall |
affix the
roofing contractor license number to each application |
for a building permit
and on
each building permit issued and |
recorded.
|
(a-5) A person who knowingly, in the course of applying for |
a building permit with a unit of local government, provides the |
roofing license number of a roofing contractor whom he or she |
does not intend to have perform the work on the roofing portion |
of the project commits identity theft under paragraph (8) of |
subsection (a) of Section 16-30 of the Criminal Code of 1961. |
(b) (Blank).
|
(c) Every holder of a license shall
display it in a
|
conspicuous place in his or her principal office, place of |
business, or place
of employment.
|
|
(d) No person licensed under this Act may advertise |
services regulated by
this Act unless that person includes in |
the advertisement the roofing contractor license number and the |
licensee's name, as it appears on the license. Nothing |
contained in this subsection requires the publisher of
|
advertising for roofing contractor services to investigate or |
verify the
accuracy of the
license number provided by the |
licensee.
|
(e) A person who advertises services regulated by this Act |
who knowingly (i)
fails to display the license number and the |
licensee's name, as it appears on the license, in any manner |
required by this Section,
(ii) fails to provide a publisher |
with the correct license number as required
by subsection (d), |
or (iii) provides a publisher with a false license number or
a |
license number of another person, or a person who knowingly |
allows his or her
license number to be displayed or used by |
another person to circumvent any
provisions of this Section, is |
guilty of a Class A misdemeanor with a fine of
$1,000, and, in |
addition, is subject to the administrative enforcement
|
provisions of this Act.
Each day that an advertisement runs or |
each day that a person knowingly allows
his or her license to |
be displayed or used in violation of this Section
constitutes a |
separate offense.
|
(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; |
97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
|
|
Section 15-45. The Illinois Vehicle Code is amended by |
changing Section 6-206 as follows:
|
(625 ILCS 5/6-206)
|
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 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 |
monitoring device driving permit, judicial driving permit |
issued prior to January 1, 2009, 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, any cannabis |
prohibited under 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 |
Illinois Controlled Substances Act, 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, promoting juvenile |
prostitution as described in subdivision (a)(1), (a)(2), |
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, |
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, an intoxicating |
compound as listed in the Use of
Intoxicating Compounds |
Act, or methamphetamine as listed in the Methamphetamine |
Control and Community Protection 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 that resulted in damage to the |
property of another or the death or injury of another;
|
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;
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code; |
41. Has committed a second or subsequent violation of |
Section 11-605.1 of this Code, a similar provision of a |
local ordinance, or a similar violation in any other state |
within 2 years of the date of the previous violation, in |
which case the suspension shall be for 90 days; |
42. Has committed a violation of subsection (a-1) of |
Section 11-1301.3 of this Code;
|
43. Has received a disposition of court supervision for |
|
a violation of subsection (a), (d), or (e) of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance, in which case the suspension shall be |
for a period of 3 months;
|
44.
Is under the age of 21 years at the time of arrest |
and has been convicted of an offense against traffic |
regulations governing the movement of vehicles after |
having previously had his or her driving privileges
|
suspended or revoked pursuant to subparagraph 36 of this |
Section; or |
45.
Has, in connection with or during the course of a |
formal hearing conducted under Section 2-118 of this Code: |
(i) committed perjury; (ii) submitted fraudulent or |
falsified documents; (iii) submitted documents that have |
been materially altered; or (iv) submitted, as his or her |
own, documents that were in fact prepared or composed for |
another person.
|
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 possess a CDL for the purpose of |
operating a commercial motor vehicle.
|
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 (as defined by the rules of the Secretary of |
State), 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 the petitioner's |
employment related duties, or to
allow the petitioner to |
transport himself or herself, or a family member of the
|
petitioner's household to a medical facility, to receive |
necessary medical care, to allow the petitioner to |
transport himself or herself to and from alcohol or drug
|
remedial or rehabilitative activity recommended by a |
licensed service provider, or to allow the petitioner to |
transport himself or herself or a family member of the |
petitioner's household to classes, as a student, at an |
accredited educational institution, or to allow the |
petitioner to transport children, elderly persons, or |
disabled persons who do not hold driving privileges and are |
living in the petitioner's household to and from daycare. |
The
petitioner must demonstrate that no alternative means |
of
transportation is reasonably available and that the |
petitioner will not endanger
the public safety or welfare. |
Those multiple offenders identified in subdivision (b)4 of |
Section 6-208 of this Code, however, shall not be eligible |
for the issuance of a restricted driving permit.
|
|
(A) If a person's license or permit is 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, or |
Section 9-3 of the Criminal Code of 1961, where the use |
of alcohol or other drugs is recited as an element of |
the offense, or a similar out-of-state offense, or a |
combination of these offenses, 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.
|
(B) If a person's license or permit is revoked or |
suspended 2 or more
times within a 10 year period due |
to any combination of: |
(i) 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 |
or Section 9-3 of the Criminal Code of 1961, where |
the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state |
offense; or |
(ii) a statutory summary suspension or |
revocation under Section
11-501.1; or |
(iii) a suspension under Section 6-203.1; |
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. |
(C)
The person issued a permit conditioned upon the |
use of an ignition interlock device must pay to the |
Secretary of State DUI Administration Fund an amount
|
not to exceed $30 per month. The Secretary shall |
establish by rule the amount
and the procedures, terms, |
and conditions relating to these fees. |
(D) If the
restricted driving permit is issued for |
employment purposes, then the prohibition against |
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the |
operation of an occupational vehicle owned or
leased by |
that person's employer when used solely for employment |
purposes. |
(E) 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
or any similar |
out-of-state offense, or Section 9-3 of the Criminal |
|
Code of 1961, where the use of alcohol or other drugs |
is recited as an element of the offense, 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-3) In the case of a suspension under paragraph 43 of |
subsection (a), reports received by the Secretary of State |
under this Section shall, except during the actual time the |
suspension is in effect, be privileged information and for use |
only by the courts, police officers, prosecuting authorities, |
|
the driver licensing administrator of any other state, the |
Secretary of State, or the parent or legal guardian of a driver |
under the age of 18. However, beginning January 1, 2008, if the |
person is a CDL holder, the suspension shall also be made |
available to the driver licensing administrator of any other |
state, the U.S. Department of Transportation, and the affected |
driver or motor
carrier or prospective motor carrier upon |
request.
|
(c-4) In the case of a suspension under paragraph 43 of |
subsection (a), the Secretary of State shall notify the person |
by mail that his or her driving privileges and driver's license |
will be suspended one month after the date of the mailing of |
the notice.
|
(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 21 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.
|
|
(f) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been suspended, revoked, |
cancelled, or disqualified under any provisions of this Code. |
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, |
eff. 8-12-11; revised 9-15-11.) |
Section 15-50. The Juvenile Court Act of 1987 is amended by |
changing Sections 2-25, 3-26, 4-23, and 5-730 as follows:
|
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
|
Sec. 2-25. Order of protection.
|
(1) The court may make an order of
protection in assistance |
of or as a condition of any other order authorized
by this Act. |
The order of protection shall be based on the health, safety
|
and best interests of the minor and may set forth reasonable |
conditions of
behavior to be observed for a specified period. |
Such an order may require a
person:
|
(a) to stay away from the home or the minor;
|
(b) to permit a parent to visit the minor at stated |
periods;
|
(c) to abstain from offensive conduct against the |
minor, his parent or
any person to whom custody of the |
|
minor is awarded;
|
(d) to give proper attention to the care of the home;
|
(e) to cooperate in good faith with an agency to which |
custody of a
minor is entrusted by the court or with an |
agency or association to which
the minor is referred by the |
court;
|
(f) to prohibit and prevent any contact whatsoever with |
the respondent
minor by a specified individual or |
individuals who are alleged in either a
criminal or |
juvenile proceeding to have caused injury to a respondent
|
minor or a sibling of a respondent minor;
|
(g) to refrain from acts of commission or omission that |
tend to make
the home not a proper place for the minor;
|
(h) to refrain from contacting the minor and the foster |
parents in any
manner that is not specified in writing in |
the case plan.
|
(2) The court shall enter an order of protection
to |
prohibit and prevent any contact between a respondent minor
or |
a sibling of a respondent minor and any person named in a |
petition
seeking an order of protection who has been convicted |
of
heinous battery or aggravated battery under subdivision |
(a)(2) of Section 12-3.05,
aggravated battery of a child or |
aggravated battery under subdivision (b)(1) of Section |
12-3.05, criminal sexual assault, aggravated criminal sexual |
assault,
predatory criminal sexual assault of a child,
criminal |
sexual abuse, or aggravated criminal
sexual abuse as described |
|
in the Criminal Code of 1961, or has been
convicted of an |
offense that resulted in the death of a child, or has
violated |
a previous order of protection under this Section.
|
(3) When the court issues an order of protection against |
any person as
provided by this Section, the court shall direct |
a copy of such order to
the Sheriff of that county. The Sheriff |
shall furnish a copy of the order of
protection to the |
Department of State Police within 24 hours of
receipt, in the |
form and manner required by the Department. The Department
of |
State Police shall maintain a complete record and index of such |
orders
of protection and make this data available to all local |
law enforcement
agencies.
|
(4) After notice and opportunity for hearing afforded to a |
person
subject to an order of protection, the order may be |
modified or extended
for a further specified period or both or |
may be terminated if the court
finds that the health, safety, |
and best interests of the minor and the
public will be served
|
thereby.
|
(5) An order of protection may be sought at any time during |
the course
of any proceeding conducted pursuant to this Act if |
such an order is
consistent with the
health, safety, and best |
interests of the minor. Any person against whom
an order of |
protection is sought may retain counsel to represent him at a
|
hearing, and has rights to be present at the hearing, to be |
informed prior
to the hearing in writing of the contents of the |
petition seeking a
protective order and of the date, place and |
|
time of such hearing, and to
cross examine witnesses called by |
the petitioner and to present witnesses
and argument in |
opposition to the relief sought in the petition.
|
(6) Diligent efforts shall be made by the petitioner to |
serve any person
or persons against whom any order of |
protection is sought with written
notice of the contents of the |
petition seeking a protective order and
of the date, place and |
time at which the hearing on the petition is to be
held. When a |
protective order is being sought in conjunction with a
|
temporary custody hearing, if the court finds that the person |
against whom
the protective order is being sought has been |
notified of the hearing or
that diligent efforts have been made |
to notify such person, the court may
conduct a hearing. If a |
protective order is sought at any time other than
in |
conjunction with a temporary custody hearing, the court may
not |
conduct a hearing on the petition in the absence of the person |
against
whom the order is sought unless the petitioner has |
notified such person by
personal service at least 3 days before |
the hearing or has sent written
notice by first class mail to |
such person's last known address at least 5
days before the |
hearing.
|
(7) A person against whom an order of protection is being |
sought who is
neither a parent, guardian, legal custodian or |
responsible relative as
described in Section 1-5 is not a party |
or respondent as defined in that
Section and shall not be |
entitled to the rights provided therein.
Such person does not |
|
have a right to appointed counsel or to be
present at any |
hearing other than the hearing in which the order of protection
|
is being sought or a hearing directly pertaining to that order. |
Unless the
court orders otherwise, such person does not have a |
right to inspect the court
file.
|
(8) All protective orders entered under this Section shall |
be in
writing. Unless the person against whom the order was |
obtained was present
in court when the order was issued, the |
sheriff, other law enforcement
official or special process |
server shall
promptly serve that order upon that person and |
file proof of such service,
in the manner provided for service |
of process in civil proceedings. The
person against whom the |
protective order was obtained may seek a
modification of the |
order by filing a written motion to modify the order
within 7 |
days after actual receipt by the person of a copy of the order. |
Any
modification of the order granted by the court must be |
determined to be
consistent with the best interests of the |
minor.
|
(9) If a petition is filed charging a violation of a |
condition contained in the
protective order and if the court |
determines that this violation is of a critical service |
necessary to the safety and welfare of the minor, the court may |
proceed to findings and an order for temporary custody.
|
(Source: P.A. 95-405, eff. 6-1-08; 96-1551, Article 1, Section |
955, eff. 7-1-11; 96-1551, Article 2, Section 1030, eff. |
7-1-11; revised 9-30-11.)
|
|
(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
|
Sec. 3-26. Order of protection.
|
(1) The court may make an order of
protection in assistance |
of or as a
condition of any other order authorized by this Act. |
The order of
protection may set forth reasonable conditions of |
behavior to be observed
for a specified period. Such an order |
may require a person:
|
(a) To stay away from the home or the minor;
|
(b) To permit a parent to visit the minor at stated |
periods;
|
(c) To abstain from offensive conduct against the |
minor, his parent or
any person to whom custody of the |
minor is awarded;
|
(d) To give proper attention to the care of the home;
|
(e) To cooperate in good faith with an agency to which |
custody of a
minor is entrusted by the court or with an |
agency or association to which
the minor is referred by the |
court;
|
(f) To prohibit and prevent any contact whatsoever with |
the respondent
minor by a specified individual or |
individuals who are alleged in either a
criminal or |
juvenile proceeding to have caused injury to a respondent
|
minor or a sibling of a respondent minor;
|
(g) To refrain from acts of commission or omission that |
tend to make
the home not a proper place for the minor.
|
|
(2) The court shall enter an order of protection
to |
prohibit and prevent any contact between a respondent minor
or |
a sibling of a respondent minor and any person named in a |
petition
seeking an order of protection who has been convicted |
of
heinous battery or aggravated battery under subdivision |
(a)(2) of Section 12-3.05,
aggravated battery of a child or |
aggravated battery under subdivision (b)(1) of Section |
12-3.05, criminal sexual assault, aggravated criminal sexual |
assault,
predatory criminal sexual assault of a child,
criminal |
sexual abuse, or aggravated criminal
sexual abuse as described |
in the Criminal Code of 1961, or has been
convicted of an |
offense that resulted in the death of a child, or has
violated |
a previous order of protection under this Section.
|
(3) When the court issues an order of protection against |
any person as
provided by this Section, the court shall direct |
a copy of such order to
the Sheriff of that county. The Sheriff |
shall furnish a copy of the
order of protection to the |
Department of State Police within 24
hours of
receipt, in the |
form and manner required by the Department. The Department
of |
State Police shall maintain a complete record and index of such |
orders
of protection and make this data available to all local |
law enforcement
agencies.
|
(4) After notice and opportunity for hearing afforded to a |
person
subject to an order of protection, the order may be |
modified or extended
for a further specified period or both or |
may be terminated if the court
finds that the best interests of |
|
the minor and the public will be served
thereby.
|
(5) An order of protection may be sought at any time during |
the course
of any proceeding conducted pursuant to this Act. |
Any person against whom
an order of protection is sought may |
retain counsel to represent him at a
hearing, and has rights to |
be present at the hearing, to be informed prior
to the hearing |
in writing of the contents of the petition seeking a
protective |
order and of the date, place and time of such hearing, and to
|
cross examine witnesses called by the petitioner and to present |
witnesses
and argument in opposition to the relief sought in |
the petition.
|
(6) Diligent efforts shall be made by the petitioner to |
serve any person
or persons against whom any order of |
protection is sought with written
notice of the contents of the |
petition seeking a protective order and
of the date, place and |
time at
which the hearing on the petition is to be held. When a |
protective order
is being sought in conjunction with a shelter |
care hearing, if
the court finds that the person against whom |
the protective order is being
sought has been notified of the |
hearing or that diligent efforts have been
made to notify such |
person, the court may conduct a hearing. If a
protective order |
is sought at any time other than in conjunction with a
shelter |
care hearing, the court may not conduct a hearing on
the |
petition in the absence of the person against whom the order is |
sought
unless the petitioner has notified such person by |
personal service at least
3 days before the hearing or has sent |
|
written notice by first class
mail to such person's last known |
address at least 5 days before the hearing.
|
(7) A person against whom an order of protection is being |
sought who is
neither a parent, guardian, legal custodian or |
responsible relative as
described in Section 1-5 is not a party |
or respondent as defined in that
Section and shall not be |
entitled to the rights provided therein.
Such person does not |
have a right to appointed counsel or to be
present at any |
hearing other than the hearing in which the order of
protection |
is being sought or a hearing directly pertaining to that order.
|
Unless the court orders otherwise, such person does not have a |
right to
inspect the court file.
|
(8) All protective orders entered under this Section shall |
be in
writing. Unless the person against whom the order was |
obtained was present
in court when the order was issued,
the |
sheriff, other law enforcement official or special process |
server shall
promptly serve that order upon that person and |
file proof of such service,
in the manner provided for service |
of process in civil proceedings. The
person against whom the |
protective order was obtained may seek a
modification of the |
order by filing a written motion to modify the order
within 7 |
days after actual receipt by the person of a copy of the order.
|
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; |
96-1551, Article 2, Section 1030, eff. 7-1-11; revised |
9-30-11.)
|
|
(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
|
Sec. 4-23. Order of protection.
|
(1) The court may make an order of
protection in assistance |
of or as a
condition of any other order authorized by this Act. |
The order of
protection may set forth reasonable conditions of |
behavior to be observed
for a specified period. Such an order |
may require a person:
|
(a) To stay away from the home or the minor;
|
(b) To permit a parent to visit the minor at stated |
periods;
|
(c) To abstain from offensive conduct against the |
minor, his parent or
any person to whom custody of the |
minor is awarded;
|
(d) To give proper attention to the care of the home;
|
(e) To cooperate in good faith with an agency to which |
custody of a
minor is entrusted by the court or with an |
agency or association to which
the minor is referred by the |
court;
|
(f) To prohibit and prevent any contact whatsoever with |
the respondent
minor by a specified individual or |
individuals who are alleged in either a
criminal or |
juvenile proceeding to have caused injury to a respondent
|
minor or a sibling of a respondent minor;
|
(g) To refrain from acts of commission or omission that |
tend to make
the home not a proper place for the minor.
|
(2) The court shall enter an order of protection
to |
|
prohibit and prevent any contact between a respondent minor
or |
a sibling of a respondent minor and any person named in a |
petition
seeking an order of protection who has been convicted |
of
heinous battery or aggravated battery under subdivision |
(a)(2) of Section 12-3.05,
aggravated battery of a child or |
aggravated battery under subdivision (b)(1) of Section |
12-3.05, criminal sexual assault, aggravated criminal sexual |
assault,
predatory criminal sexual assault of a child,
criminal |
sexual abuse, or aggravated criminal
sexual abuse as described |
in the Criminal Code of 1961, or has been
convicted of an |
offense that resulted in the death of a child, or has
violated |
a previous order of protection under this Section.
|
(3) When the court issues an order of protection against |
any person as
provided by this Section, the court shall direct |
a copy of such order to
the Sheriff of that county. The Sheriff |
shall furnish a copy of the
order of protection to the |
Department of State Police within 24
hours of
receipt, in the |
form and manner required by the Department. The Department
of |
State Police shall maintain a complete record and index of such |
orders
of protection and make this data available to all local |
law enforcement
agencies.
|
(4) After notice and opportunity for hearing afforded to a |
person
subject to an order of protection, the order may be |
modified or extended
for a further specified period or both or |
may be terminated if the court
finds that the best interests of |
the minor and the public will be served
thereby.
|
|
(5) An order of protection may be sought at any time during |
the course
of any proceeding conducted pursuant to this Act. |
Any person against whom
an order of protection is sought may |
retain counsel to represent him at a
hearing, and has rights to |
be present at the hearing, to be informed prior
to the hearing |
in writing of the contents of the petition seeking a
protective |
order and of the date, place and time of such hearing, and to
|
cross examine witnesses called by the petitioner and to present |
witnesses
and argument in opposition to the relief sought in |
the petition.
|
(6) Diligent efforts shall be made by the petitioner to |
serve any person
or persons against whom any order of |
protection is sought with written
notice of the contents of the |
petition seeking a protective order and
of the date, place and |
time at
which the hearing on the petition is to be held. When a |
protective order
is being sought in conjunction with a shelter |
care hearing, if
the court finds that the person against whom |
the protective order is being
sought has been notified of the |
hearing or that diligent efforts have been
made to notify such |
person, the court may conduct a hearing. If a
protective order |
is sought at any time other than in conjunction with a
shelter |
care hearing, the court may not conduct a hearing on
the |
petition in the absence of the person against whom the order is |
sought
unless the petitioner has notified such person by |
personal service at least
3 days before the hearing or has sent |
written notice by first class
mail to such person's last known |
|
address at least 5 days before the hearing.
|
(7) A person against whom an order of protection is being |
sought who is
neither a parent, guardian, legal custodian or |
responsible relative as
described in Section 1-5 is not a party |
or respondent as defined in that
Section and shall not be |
entitled to the rights provided therein.
Such person does not |
have a right to appointed counsel or to be
present at any |
hearing other than the hearing in which the order of
protection |
is being sought or a hearing directly pertaining to that order.
|
Unless the court orders otherwise, such person does not have a |
right to
inspect the court file.
|
(8) All protective orders entered under this Section shall |
be in
writing. Unless the person against whom the order was |
obtained was present
in court when the order was issued,
the |
sheriff, other law enforcement official or special process |
server shall
promptly serve that order upon that person and |
file proof of such service,
in the manner provided for service |
of process in civil proceedings. The
person against whom the |
protective order was obtained may seek a
modification of the |
order by filing a written motion to modify the order
within 7 |
days after actual receipt by the person of a copy of the order.
|
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; |
96-1551, Article 2, Section 1030, eff. 7-1-11; revised |
9-30-11.)
|
(705 ILCS 405/5-730)
|
|
Sec. 5-730. Order of protection.
|
(1) The court may make an order of protection in assistance |
of or as a
condition of any other order authorized by this Act. |
The order of protection
may set forth reasonable conditions of |
behavior to be observed for a specified
period. The order may |
require a
person:
|
(a) to stay away from the home or the minor;
|
(b) to permit a parent to visit the minor at stated |
periods;
|
(c) to abstain from offensive conduct against the |
minor, his or her parent
or any
person to whom custody of |
the minor is awarded;
|
(d) to give proper attention to the care of the home;
|
(e) to cooperate in good faith with an agency to which |
custody of a minor
is entrusted by the court or with an |
agency or association to which the minor
is referred by the |
court;
|
(f) to prohibit and prevent any contact whatsoever with |
the respondent
minor by a specified individual or |
individuals who are alleged in either a
criminal or |
juvenile proceeding to have caused injury to a respondent |
minor or
a sibling of a respondent minor;
|
(g) to refrain from acts of commission or omission that |
tend to make the
home not a proper place for the minor.
|
(2) The court shall enter an order of protection to |
prohibit and prevent
any contact between a respondent minor or |
|
a sibling of a respondent minor and
any person named in a |
petition seeking an order of protection who has been
convicted |
of heinous battery or aggravated battery under subdivision |
(a)(2) of Section 12-3.05, aggravated battery of a child or |
aggravated battery under subdivision (b)(1) of Section |
12-3.05, criminal
sexual assault, aggravated criminal sexual |
assault, predatory criminal sexual assault of a child, criminal |
sexual abuse, or aggravated criminal sexual abuse as described |
in the Criminal
Code of 1961, or has been convicted of an |
offense that resulted in the death of
a child, or has violated |
a previous order of protection under this Section.
|
(3) When the court issues an order of protection against |
any person as
provided by this Section, the court shall direct |
a copy of such order to the
sheriff of that county. The sheriff |
shall furnish a copy of the order of
protection to the |
Department of State Police within 24 hours of receipt, in the
|
form and manner required by the Department. The Department of |
State Police
shall maintain a complete record and index of the |
orders of protection and
make this data available to all local |
law enforcement agencies.
|
(4) After notice and opportunity for hearing afforded to a |
person subject
to an order of protection, the order may be |
modified or extended for a further
specified period or both or |
may be terminated if the court finds that the best
interests of |
the minor and the public will be served by the modification,
|
extension, or termination.
|
|
(5) An order of protection may be sought at any time during |
the course of
any proceeding conducted under this Act. Any |
person against whom an
order of protection is sought may retain |
counsel to represent him or her at a
hearing,
and has rights to |
be present at the hearing, to be informed prior to the
hearing |
in writing of the contents of the petition seeking a protective |
order
and of the date, place, and time of the hearing, and to |
cross-examine
witnesses called by the petitioner and to present |
witnesses and argument in
opposition to the relief sought in |
the petition.
|
(6) Diligent efforts shall be made by the petitioner to |
serve any person
or persons against whom any order of |
protection is sought with written notice
of the contents of the |
petition seeking a protective order and of the date,
place and |
time at which the hearing on the petition is to be held. When a
|
protective order is being sought in conjunction with a shelter |
care or
detention hearing, if the court finds that the person |
against whom the
protective order is being sought has been |
notified of the hearing or that
diligent efforts have been made |
to notify the person, the court may conduct a
hearing. If a |
protective order is sought at any
time other than in |
conjunction with a shelter care or detention hearing, the
court |
may not conduct a hearing on the petition in the absence of the |
person
against whom the order is sought unless the petitioner |
has notified the person
by personal service at least 3 days |
before the hearing or has sent written
notice by first class |
|
mail to the person's last known address at least 5 days
before |
the hearing.
|
(7) A person against whom an order of protection is being |
sought who is
neither a parent, guardian, or legal custodian or |
responsible relative as
described in Section 1-5 of this Act or |
is not a party or respondent as defined
in
that
Section shall |
not be entitled to the rights provided in that Section. The
|
person does not have a right to appointed counsel or to be |
present at
any hearing other than the hearing in which the |
order of protection is being
sought or a hearing directly |
pertaining to that order. Unless the court orders
otherwise, |
the person does not have a right to inspect the court file.
|
(8) All protective orders entered under this Section shall |
be in writing.
Unless the person against whom the order was |
obtained was present in court when
the order was issued, the |
sheriff, other law enforcement official, or special
process |
server shall promptly serve that order upon that person and |
file proof
of that service, in the manner provided for service |
of process in civil
proceedings. The person against whom the |
protective order was obtained may
seek a modification of the |
order by filing a written motion to modify the order
within 7 |
days
after actual receipt by the person of a copy of the order.
|
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; |
96-1551, Article 2, Section 1030, eff. 7-1-11; revised |
9-30-11.) |
|
Section 15-55. The Criminal Code of 1961 is amended by |
changing Sections 2-10.1, 11-1.10, 11-1.30, 11-1.60, 11-1.80, |
11-9.4-1, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 11-20.1B, 12-2, |
12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-6.2, 12-7.1, 12-7.3, |
12-7.4, 12-7.5, 16-0.1, 16-7, 16-30, 17-2, 17-3, 17-10.2, |
17-10.6, 24-3.8, 24-3.9, 36-1, and 36.5-5 as follows:
|
(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
|
Sec. 2-10.1.
"Severely or profoundly intellectually |
disabled
person" means a person (i)
whose intelligence quotient |
does not exceed 40 or (ii) whose
intelligence quotient does not |
exceed 55 and who suffers
from
significant mental illness to |
the extent that the person's ability to exercise
rational |
judgment is impaired. In any proceeding in which the defendant |
is
charged with committing a violation of Section 10-2, 10-5, |
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, |
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision |
(b)(1) of Section 12-3.05, of this Code against a victim who is
|
alleged to be a severely or profoundly intellectually disabled
|
person, any findings concerning the victim's status as a
|
severely or profoundly intellectually disabled person, made by |
a court after a
judicial admission hearing concerning the |
victim under Articles V and VI of
Chapter 4 of the Mental |
Health and Developmental Disabilities Code
shall be |
admissible.
|
(Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11; |
|
96-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff. |
1-1-12; revised 9-12-11.)
|
(720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
|
Sec. 11-1.10. General provisions concerning offenses |
described in Sections 11-1.20 through 11-1.60.
|
(a) No person accused of violating Section 11-1.20, |
11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be |
presumed to be incapable of committing an offense
prohibited by |
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this |
Code
because of age, physical condition or relationship to the |
victim. Nothing in this Section
shall be construed to modify or |
abrogate the affirmative defense of infancy
under Section 6-1 |
of this Code or the provisions of Section 5-805 of the
Juvenile |
Court Act of 1987.
|
(b) Any medical examination or procedure which is conducted |
by a physician,
nurse, medical or hospital personnel, parent, |
or caretaker for purposes
and in a manner consistent with |
reasonable medical standards is not an offense
under Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
|
(c) (Blank).
|
(d) (Blank).
|
(e) After a finding at a preliminary hearing that there is |
probable
cause to believe that an accused has committed a |
violation of Section 11-1.20, 11-1.30, or 11-1.40
of this Code, |
or after an indictment is returned
charging an accused with a |
|
violation of Section 11-1.20, 11-1.30, or 11-1.40 of
this Code,
|
or after a finding that a defendant charged with a violation of |
Section 11-1.20, 11-1.30, or 11-1.40
of this Code is unfit to |
stand trial pursuant to
Section 104-16 of the Code of
Criminal |
Procedure of 1963 where the finding is made prior to |
preliminary
hearing,
at the request of the person who was the |
victim of the violation of
Section 11-1.20, 11-1.30, or |
11-1.40, the prosecuting State's attorney shall seek
an order |
from the court to compel the accused to be tested within 48 |
hours for any sexually
transmissible disease, including a test |
for infection with
human immunodeficiency virus (HIV). The |
medical tests shall be
performed only
by appropriately licensed |
medical practitioners. Such testing shall consist of a test |
approved by the Illinois Department of Public Health to |
determine the presence of HIV infection, based upon |
recommendations of the United States Centers for Disease |
Control and Prevention The test for infection with
human |
immunodeficiency virus (HIV) shall consist of an
enzyme-linked |
immunosorbent assay (ELISA) test, or such other test as may
be |
approved by the Illinois Department of Public Health ; in the |
event of a
positive result, a the Western Blot Assay or a more |
reliable supplemental confirmatory
test based upon |
recommendations of the United States Centers for Disease |
Control and Prevention shall be administered. The results of |
the tests and any follow-up tests shall be
kept
strictly |
confidential by all medical personnel involved in the testing |
|
and
must be personally delivered in a sealed envelope to the |
victim, to the defendant, to the State's Attorney, and to the
|
judge who entered the order, for the judge's inspection in |
camera. The judge shall provide to the victim a referral to the |
Illinois Department of Public Health HIV/AIDS toll-free |
hotline for counseling and information in connection with the |
test result. 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 result
of the testing may |
be revealed; however, in no case shall the identity of
the |
victim be disclosed. The court shall order that the cost of the |
tests
shall be paid by the county, and shall be taxed as costs |
against the accused
if convicted.
|
(f) Whenever any law enforcement officer has reasonable |
cause to believe
that a person has been delivered a controlled |
substance without his or her
consent, the law enforcement |
officer shall advise the victim about seeking
medical treatment |
and preserving evidence.
|
(g) Every hospital providing emergency hospital services |
to an alleged
sexual assault survivor, when there is reasonable
|
cause to believe that a person has been delivered a controlled |
substance
without his or her consent, shall designate personnel |
to provide:
|
(1) An explanation to the victim about the nature and |
effects of commonly
used controlled substances and how such |
controlled substances are administered.
|
|
(2) An offer to the victim of testing for the presence |
of such controlled
substances.
|
(3) A disclosure to the victim that all controlled |
substances or alcohol
ingested by the victim will be |
disclosed by the test.
|
(4) A statement that the test is completely voluntary.
|
(5) A form for written authorization for sample |
analysis of all controlled
substances and alcohol ingested |
by the victim.
|
A physician licensed to practice medicine in all its |
branches may agree to
be a designated person under this |
subsection.
|
No sample analysis may be performed unless the victim
|
returns a signed written authorization within 30 days
after the |
sample was
collected.
|
Any medical treatment or care under this subsection shall |
be only in
accordance with the order of a physician licensed to |
practice medicine in all
of its branches. Any testing under |
this subsection shall be only in accordance
with the order of a |
licensed individual authorized to order the testing.
|
(Source: P.A. 95-926, eff. 8-26-08; 96-1551, eff. 7-1-11; |
incorporates 97-244, eff. 8-4-11; revised 9-12-11.)
|
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
|
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
|
(a) A person commits aggravated criminal sexual assault if |
|
that person commits criminal sexual assault and any of the |
following aggravating circumstances exist during the |
commission of the offense or, for purposes of paragraph (7), |
occur as part of the same course of conduct as the commission |
of the offense: |
(1) the person displays, threatens to use, or uses a |
dangerous weapon, other than a firearm, or any other object |
fashioned or used in a manner that leads the victim, under |
the circumstances, reasonably to believe that the object is |
a dangerous weapon; |
(2) the person causes bodily harm to the victim, except |
as provided in paragraph (10); |
(3) the person acts in a manner that threatens or |
endangers the life of the victim or any other person; |
(4) the person commits the criminal sexual assault |
during the course of committing or attempting to commit any |
other felony; |
(5) the victim is 60 years of age or older; |
(6) the victim is a physically handicapped person; |
(7) the person delivers (by injection, inhalation, |
ingestion, transfer of possession, or any other means) any |
controlled substance to the victim without the victim's |
consent or by threat or deception for other than medical |
purposes; |
(8) the person is armed with a firearm; |
(9) the person personally discharges a firearm during |
|
the commission of the offense; or |
(10) the person personally discharges a firearm during |
the commission of the offense, and that discharge |
proximately causes great bodily harm, permanent |
disability, permanent disfigurement, or death to another |
person.
|
(b) A person commits aggravated criminal sexual assault if
|
that person is under 17 years of age and: (i) commits an act of
|
sexual penetration with a victim who is under 9 years of age; |
or (ii) commits an act of sexual penetration with a victim
who |
is at least 9 years of age but under 13 years of age and the |
person uses force or threat of force to commit the act.
|
(c) A person commits aggravated criminal sexual assault if |
that person commits an act of sexual penetration with a victim |
who is a severely or
profoundly intellectually disabled |
mentally retarded person.
|
(d) Sentence.
|
(1) Aggravated criminal sexual assault in violation of |
paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) |
or in violation of
subsection (b) or
(c) is a Class X |
felony.
A violation of subsection (a)(1) is a Class X |
felony for which 10 years shall
be added to the term of |
imprisonment imposed by the court. A violation of
|
subsection (a)(8) is a Class X felony for which 15 years |
shall be added to the
term of imprisonment imposed by the |
court. A violation of
subsection (a)(9) is a Class X felony |
|
for which 20 years shall be added to the
term of |
imprisonment imposed by the court. A violation of |
subsection (a)(10) is
a Class X felony for which 25 years |
or up to a term of natural life
imprisonment shall be added |
to
the term of imprisonment imposed by the court.
|
(2) A person who is convicted of a second or subsequent |
offense of
aggravated criminal sexual assault, or who is |
convicted of the offense of
aggravated
criminal sexual |
assault after having previously been convicted of the |
offense
of criminal sexual assault or the offense of |
predatory criminal sexual assault
of a child, or who is |
convicted of the offense of aggravated criminal sexual
|
assault after having previously been convicted under the |
laws of this or any
other state of an offense that is |
substantially equivalent to the offense of
criminal sexual
|
assault, the offense of aggravated criminal sexual assault |
or the offense of
predatory criminal sexual assault of a |
child, shall be sentenced to a term of
natural life |
imprisonment.
The commission of the second or subsequent |
offense is required to have been
after the initial |
conviction for this paragraph (2) to apply.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; revised 9-12-11.)
|
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
|
Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
|
|
(a) A person commits aggravated criminal sexual abuse if |
that person commits criminal sexual abuse and any of the |
following aggravating circumstances exist (i) during the |
commission of the offense or (ii) for purposes of paragraph |
(7), as part of the same course of conduct as the commission of |
the offense: |
(1) the person displays, threatens to use, or uses a |
dangerous weapon or any other object fashioned or used in a |
manner that leads the victim, under the circumstances, |
reasonably to believe that the object is a dangerous |
weapon; |
(2) the person causes bodily harm to the victim; |
(3) the victim is 60 years of age or older; |
(4) the victim is a physically handicapped person; |
(5) the person acts in a manner that threatens or |
endangers the life of the victim or any other person; |
(6) the person commits the criminal sexual abuse during |
the course of committing or attempting to commit any other |
felony; or |
(7) the person delivers (by injection, inhalation, |
ingestion, transfer of possession, or any other means) any |
controlled substance to the victim for other than medical |
purposes without the victim's consent or by threat or |
deception.
|
(b) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual conduct with a victim who |
|
is under 18
years of age
and the person is a family member.
|
(c) A person commits aggravated criminal sexual abuse if:
|
(1) that person is 17 years of age or over and: (i) |
commits an act of
sexual
conduct with a victim who is under |
13 years of age; or
(ii) commits an act of sexual conduct |
with a victim who is at least 13
years of age but under 17 |
years of age and the
person uses force or threat of force |
to commit the act; or
|
(2) that person is under 17 years of age and: (i) |
commits an act of
sexual conduct with a victim who is under |
9 years of age; or (ii) commits an act of sexual conduct |
with a victim who is
at least 9 years of age but under 17 |
years of age and the person uses force or threat of force |
to commit the act.
|
(d) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual penetration or sexual |
conduct with a victim
who is at least 13
years of age but under |
17 years of age and the person is at least 5 years
older than |
the victim.
|
(e) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual conduct with a victim who |
is a
severely or profoundly intellectually disabled mentally |
retarded person.
|
(f) A person commits aggravated criminal sexual abuse if
|
that person commits an act of sexual conduct with a victim who |
is at least
13 years of age but under 18 years of age and
the |
|
person is 17 years of age or over and holds a position of |
trust,
authority, or supervision in relation to the victim.
|
(g) Sentence. Aggravated criminal sexual abuse is a Class 2 |
felony.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; revised 9-12-11.)
|
(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
|
Sec. 11-1.80. Civil Liability. |
(a) If any person has been convicted of
any offense defined |
in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, |
12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such |
offense has a cause of action for damages against any
person or |
entity who, by the manufacture, production, or wholesale
|
distribution of any obscene material which was possessed or |
viewed by the
person convicted of the offense, proximately |
caused such person, through his
or her reading or viewing of |
the obscene material, to commit the violation
of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, |
12-14.1, 12-15, or 12-16. No victim may recover in any
such |
action unless he or she proves by a preponderance of the |
evidence
that: (1) the reading or viewing of the specific |
obscene material
manufactured, produced, or distributed |
wholesale by the defendant
proximately caused the person |
convicted of the violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or |
|
12-16 to commit such violation and (2) the defendant knew
or |
had reason to know that the manufacture, production, or |
wholesale
distribution of such material was likely to cause a |
violation of an offense substantially
of the type enumerated.
|
(b) The manufacturer, producer or wholesale distributor |
shall be liable
to the victim for:
|
(1) actual damages incurred by the victim, including |
medical costs;
|
(2) court costs and reasonable attorneys fees;
|
(3) infliction of emotional distress;
|
(4) pain and suffering; and
|
(5) loss of consortium.
|
(c) Every action under this Section shall be commenced |
within 3 years
after the conviction of the defendant for a |
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if |
the victim was under the
age of 18 years at the time of the |
conviction of the defendant for a
violation of Section 11-1.20, |
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, |
12-15 or 12-16 of this Code, an action
under this Section shall |
be commenced within 3 years after the victim
attains the age of |
18 years.
|
(d) For the purposes of this Section:
|
(1) "obscene" has the meaning ascribed to it in subsection |
(b) of
Section 11-20 of this Code;
|
(2) "wholesale distributor" means any individual, |
|
partnership,
corporation, association, or other legal entity |
which stands between the
manufacturer and the retail seller in |
purchases, consignments, contracts
for sale or rental of the |
obscene material;
|
(3) "producer" means any individual, partnership, |
corporation,
association, or other legal entity which finances |
or supervises, to any
extent, the production or making of |
obscene material;
|
(4) "manufacturer" means any individual, partnership, |
corporation,
association, or other legal entity which |
manufacturers, assembles or
produces obscene material.
|
(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; |
96-1551, Article 2, Section 1035, eff. 7-1-11; revised 5-3-11.)
|
(720 ILCS 5/11-9.4-1) |
Sec. 11-9.4-1. Sexual predator and child sex offender; |
presence or loitering in or near public parks prohibited. |
(a) For the purposes of this Section: |
"Child sex offender" has the meaning ascribed to it in |
subsection (d) of Section 11-9.3 11-9.4 of this Code, but |
does not include as a sex offense under paragraph (2) of |
subsection (d) of Section 11-9.3 11-9.4 , the offenses under |
subsections (b) and (c) of Section 11-1.50 or subsections |
(b) and (c) of Section 12-15 of this Code. |
"Public park" includes a park, forest preserve, or
|
conservation
area
under the jurisdiction of the State or a |
|
unit of local government. |
"Loiter" means: |
(i) Standing, sitting idly, whether or not the |
person is in a vehicle or
remaining in or around public |
park property. |
(ii) Standing, sitting idly, whether or not the |
person is in a vehicle
or remaining in or around public |
park property, for the purpose of committing
or
|
attempting to commit a sex offense. |
"Sexual predator" has the meaning ascribed to it in |
subsection (E) of Section 2 of the Sex Offender |
Registration Act. |
(b) It is unlawful for a sexual predator or a child sex |
offender to knowingly be present in any
public park building or |
on real property comprising any public park. |
(c) It is unlawful for a sexual predator or a child sex |
offender to knowingly loiter on a public
way within 500 feet of |
a public park building or real property comprising any
public |
park.
For the purposes of this subsection (c), the 500 feet |
distance shall be measured from the edge of the property |
comprising the public park building or the real property |
comprising the public park. |
(d) Sentence. A person who violates this Section is guilty |
of a Class A misdemeanor, except that a second or subsequent |
violation is a Class 4
felony.
|
(Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.) |
|
(720 ILCS 5/11-14.1) |
Sec. 11-14.1. Solicitation of a sexual act. |
(a) Any person who offers a person not his or her spouse |
any money,
property, token, object, or article or anything of |
value for that person or any other person not his or her spouse |
to
perform any act of sexual penetration as defined in Section |
11-0.1 of this Code,
or any touching or fondling of the sex |
organs of one person by another person
for the purpose of |
sexual arousal or gratification, commits solicitation of a |
sexual act. |
(b) Sentence. Solicitation of a sexual act is a Class A |
misdemeanor. Solicitation of a sexual act from a person who is |
under the age of 18 or who is severely or profoundly |
intellectually disabled is a Class 4 felony. |
(b-5) It is an affirmative defense to a charge of |
solicitation of a sexual act with a person who is under the age |
of 18 or who is severely or profoundly intellectually disabled |
that the accused reasonably believed the person was of the age |
of 18 years or over or was not a severely or profoundly |
intellectually disabled person at the time of the act giving |
rise to the charge. |
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
97-227, eff. 1-1-12; revised 9-12-11.) |
(720 ILCS 5/11-14.4) |
|
Sec. 11-14.4. Promoting juvenile prostitution. |
(a) Any person who knowingly performs any of the following |
acts commits promoting juvenile prostitution: |
(1) advances prostitution as defined in Section |
11-0.1, where the minor engaged in prostitution, or any |
person engaged in prostitution in the place, is under 18 |
years of age or is severely or profoundly intellectually |
disabled mentally retarded at the time of the offense; |
(2) profits from prostitution by any means where the |
prostituted person is under 18 years of age or is severely |
or profoundly intellectually disabled mentally retarded at |
the time of the offense; |
(3) profits from prostitution by any means where the |
prostituted person is under 13 years of age at the time of |
the offense; |
(4) confines a child under the age of 18 or a severely |
or profoundly intellectually disabled mentally retarded |
person against his or her will by the infliction or threat |
of imminent infliction of great bodily harm or permanent |
disability or disfigurement or by administering to the |
child or severely or profoundly intellectually disabled |
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: |
(A) compels the child or severely or profoundly |
intellectually disabled mentally retarded person to |
engage in prostitution; |
(B) arranges a situation in which the child or |
severely or profoundly intellectually disabled |
mentally retarded person may practice prostitution; or |
(C) profits from prostitution by the child or |
severely or profoundly intellectually disabled |
mentally retarded person. |
(b) For purposes of this Section, administering drugs, as |
defined in subdivision (a)(4), or an alcoholic intoxicant to a |
child under the age of 13 or a severely or profoundly |
intellectually disabled mentally retarded person shall be |
deemed to be without consent if the administering is done |
without the consent of the parents or legal guardian or if the |
administering is performed by the parents or legal guardian for |
other than medical purposes. |
(c) If the accused did not have a reasonable opportunity to |
observe the prostituted person, it is an affirmative defense to |
a charge of promoting juvenile prostitution, except for a |
charge under subdivision (a)(4), that the accused reasonably |
believed the person was of the age of 18 years or over or was |
not a severely or profoundly intellectually disabled mentally |
retarded person at the time of the act giving rise to the |
charge. |
|
(d) Sentence. A violation of subdivision (a)(1) is a Class |
1 felony, unless committed within 1,000 feet of real property |
comprising a school, in which case it is a Class X felony. A |
violation of subdivision (a)(2) is a Class 1 felony. A |
violation of subdivision (a)(3) is a Class X felony. A |
violation of subdivision (a)(4) is a Class X felony, for which |
the person shall be sentenced to a term of imprisonment of not |
less than 6 years and not more than 60 years. A second or |
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), |
or any combination of convictions under subdivision (a)(1), |
(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 |
(solicitation of a sexual act), 11-14.3 (promoting |
prostitution), 11-15 (soliciting for a prostitute), 11-15.1 |
(soliciting for a juvenile prostitute), 11-16 (pandering), |
11-17 (keeping a place of prostitution), 11-17.1 (keeping a |
place of juvenile prostitution), 11-18 (patronizing a |
prostitute), 11-18.1 (patronizing a juvenile prostitute), |
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated |
juvenile pimping), or 11-19.2 (exploitation of a child) of this |
Code, is a Class X felony. |
(e) Forfeiture. Any person convicted of a violation of this |
Section that involves promoting juvenile prostitution by |
keeping a place of juvenile prostitution or convicted of a |
violation of subdivision (a)(4) is subject to the property |
forfeiture provisions set forth in Article 124B of the Code of |
Criminal Procedure of 1963. |
|
(f) For the purposes of this Section, "prostituted person"
|
means any person who engages in, or agrees or offers to engage
|
in, any act of sexual penetration as defined in Section 11-0.1 |
of this Code for any money, property, token, object, or article
|
or anything of value, or any touching or fondling of the sex
|
organs of one person by another person, for any money,
|
property, token, object, or article or anything of value, for
|
the purpose of sexual arousal or gratification.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; revised 9-12-11.) |
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) |
Sec. 11-18.1. Patronizing a minor engaged in prostitution. |
(a) Any person who
engages in an act of sexual penetration |
as defined in Section 11-0.1 of this
Code with a person engaged |
in prostitution who is under 18 years of age or is a severely |
or profoundly intellectually disabled person commits
|
patronizing a minor engaged in prostitution. |
(a-5) Any person who engages in any touching or fondling, |
with a person engaged in prostitution who either is under 18 |
years of age or is a severely or profoundly intellectually |
disabled mentally retarded person, of the sex organs of one |
person by the other person, with the intent to achieve sexual |
arousal or gratification, commits patronizing a minor engaged |
in prostitution. |
(b) It is an affirmative defense to the charge of |
|
patronizing a minor engaged in prostitution
that the accused |
reasonably believed that the person
was of the age of 18 years |
or over or was not a severely or profoundly intellectually |
disabled person at the time of the act giving rise to
the |
charge. |
(c) Sentence.
A person who commits patronizing a juvenile |
prostitute is guilty of a Class 3 felony, unless committed |
within 1,000 feet of real property comprising a school, in |
which case it is a Class 2 felony. A person convicted of a |
second or subsequent violation of this Section, or of any |
combination of such number of convictions under this Section |
and Sections 11-14 (prostitution), 11-14.1 (solicitation of a |
sexual act), 11-14.3 (promoting prostitution), 11-14.4 |
(promoting juvenile prostitution), 11-15 (soliciting for a |
prostitute), 11-15.1 (soliciting for a juvenile prostitute), |
11-16 (pandering), 11-17 (keeping a place of prostitution), |
11-17.1 (keeping a place of juvenile prostitution), 11-18 |
(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile |
pimping or aggravated juvenile pimping), or 11-19.2 |
(exploitation of a child) of this Code, is guilty of a Class 2 |
felony. The fact of such conviction is not an element of the |
offense and may not be disclosed to the jury during trial |
unless otherwise permitted by issues properly raised during |
such trial.
|
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
97-227, eff. 1-1-12; revised 10-12-11.)
|
|
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
|
Sec. 11-20.1. Child pornography.
|
(a) A person commits child pornography who:
|
(1) films, videotapes, photographs, or otherwise |
depicts or portrays by
means of any similar visual medium |
or reproduction or depicts by computer any
child whom he or |
she knows or reasonably should know to be under the age of |
18 and at least 13 years of age or any
severely or |
profoundly intellectually disabled person where such child |
or severely
or profoundly intellectually disabled person |
is:
|
(i) actually or by simulation engaged in any act of |
sexual
penetration or sexual conduct
with any person or |
animal; or
|
(ii) actually or by simulation engaged in any act |
of sexual
penetration or sexual conduct
involving the |
sex organs of the child or severely or
profoundly |
intellectually disabled person and the mouth, anus, or |
sex organs of
another person or animal; or which |
involves the mouth, anus or sex organs
of the child or |
severely or profoundly intellectually disabled
person |
and the sex organs of another person or animal; or
|
(iii) actually or by simulation engaged in any act |
of masturbation; or
|
(iv) actually or by simulation portrayed as being |
|
the object of, or
otherwise engaged in, any act of lewd |
fondling, touching, or caressing
involving another |
person or animal; or
|
(v) actually or by simulation engaged in any act of |
excretion or
urination within a sexual context; or
|
(vi) actually or by simulation portrayed or |
depicted as bound, fettered,
or subject to sadistic, |
masochistic, or sadomasochistic abuse in any sexual
|
context; or
|
(vii) depicted or portrayed in any pose, posture or |
setting involving
a lewd exhibition of the unclothed or |
transparently clothed genitals, pubic area, buttocks, |
or, if
such person is female, a fully or partially |
developed breast of the child
or other person; or
|
(2) with the knowledge of the nature or content |
thereof, reproduces,
disseminates, offers to disseminate, |
exhibits or possesses with intent to
disseminate any film, |
videotape, photograph or other similar visual
reproduction |
or depiction by computer of any child or severely or |
profoundly
intellectually disabled person whom the person |
knows or reasonably should know to be
under the age of 18 |
and at least 13 years of age or to be a severely or |
profoundly intellectually disabled person,
engaged in any |
activity described in subparagraphs (i) through (vii) of
|
paragraph (1) of this subsection; or
|
(3) with knowledge of the subject matter or theme |
|
thereof, produces any
stage play, live performance, film, |
videotape or other similar visual
portrayal or depiction by |
computer which
includes a child whom the person knows or |
reasonably should
know to be under the age of 18 and at |
least 13 years of age or a severely or
profoundly |
intellectually disabled person engaged in any activity |
described in
subparagraphs (i) through (vii) of paragraph |
(1) of this subsection; or
|
(4) solicits, uses, persuades, induces, entices, or |
coerces any child
whom he or she knows or reasonably should |
know to be under
the age of 18 and at least 13 years of age |
or a severely or profoundly intellectually disabled person |
to appear in any stage play, live presentation, film,
|
videotape, photograph or other similar visual reproduction |
or depiction
by computer in which the
child or severely or |
profoundly intellectually disabled person
is or will be |
depicted, actually or by simulation, in any act, pose or
|
setting described in subparagraphs (i) through (vii) of |
paragraph (1) of
this subsection; or
|
(5) is a parent, step-parent, legal guardian or other |
person having
care or custody
of a child whom the person |
knows or reasonably should know to be under
the age of 18 |
and at least 13 years of age or a severely or profoundly |
intellectually disabled person and who knowingly permits, |
induces, promotes, or arranges
for such child or severely |
or profoundly intellectually disabled
person to appear in |
|
any stage play, live performance, film, videotape,
|
photograph or other similar visual presentation, portrayal |
or simulation or
depiction by computer of any act or |
activity described in subparagraphs (i)
through (vii) of |
paragraph (1) of this subsection; or
|
(6) with knowledge of the nature or content thereof, |
possesses any film,
videotape, photograph or other similar |
visual reproduction or depiction by
computer of any child |
or severely or profoundly intellectually disabled person
|
whom the person knows or reasonably should know to be under |
the age of 18 and at least 13 years of age
or to be a |
severely or profoundly intellectually disabled
person, |
engaged in any activity described in subparagraphs (i) |
through
(vii) of paragraph (1) of this subsection; or
|
(7) solicits, or knowingly uses, persuades, induces, |
entices, or coerces, a person
to provide a child under the |
age of 18 and at least 13 years of age or a severely or |
profoundly intellectually disabled person to appear in any |
videotape, photograph, film, stage play, live
|
presentation, or other similar visual reproduction or |
depiction by computer
in which the child or severely or |
profoundly intellectually disabled person will be
|
depicted, actually or by simulation, in any act, pose, or |
setting described in
subparagraphs (i) through (vii) of |
paragraph (1) of this subsection.
|
(b) (1) It shall be an affirmative defense to a charge of |
|
child
pornography that the defendant reasonably believed, |
under all of the
circumstances, that the child was 18 years |
of age or older or that the
person was not a severely or |
profoundly intellectually disabled person but only where, |
prior to the act or acts giving rise to a
prosecution under |
this Section, he or she took some affirmative action or |
made a
bonafide inquiry designed to ascertain whether the |
child was 18 years of
age or older or that the person was |
not a severely or
profoundly intellectually disabled |
person and his or her reliance upon the information
so |
obtained was clearly reasonable.
|
(1.5) Telecommunications carriers, commercial mobile |
service providers, and providers of information services, |
including, but not limited to, Internet service providers |
and hosting service providers, are not liable under this |
Section by virtue of the transmission, storage, or caching |
of electronic communications or messages of others or by |
virtue of the provision of other related |
telecommunications, commercial mobile services, or |
information services used by others in violation of this |
Section.
|
(2) (Blank).
|
(3) The charge of child pornography shall not apply to |
the performance
of official duties by law enforcement or |
prosecuting officers or persons employed by law |
enforcement or prosecuting agencies, court personnel
or |
|
attorneys, nor to bonafide treatment or professional |
education programs
conducted by licensed physicians, |
psychologists or social workers.
|
(4) If the defendant possessed more than one of the |
same film,
videotape or visual reproduction or depiction by |
computer in which child
pornography is depicted, then the |
trier of fact may infer
that the defendant possessed such
|
materials with the intent to disseminate them.
|
(5) The charge of child pornography does not apply to a |
person who does
not voluntarily possess a film, videotape, |
or visual reproduction or depiction
by computer in which |
child pornography is depicted. Possession is voluntary if
|
the defendant knowingly procures or receives a film, |
videotape, or visual
reproduction or depiction for a |
sufficient time to be able to terminate his
or her |
possession.
|
(6) Any violation of paragraph (1), (2), (3), (4), (5), |
or (7) of subsection (a) that includes a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context |
shall be deemed a crime of violence. |
(c) If the violation does not involve a film, videotape, or |
other moving depiction, a violation of paragraph (1), (4), (5), |
or (7) of subsection (a) is a
Class 1 felony with a mandatory |
minimum fine of $2,000 and a maximum fine of
$100,000. If the |
|
violation involves a film, videotape, or other moving |
depiction, a violation of paragraph (1), (4), (5), or (7) of |
subsection (a) is a
Class X felony with a mandatory minimum |
fine of $2,000 and a maximum fine of
$100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of paragraph (3) of subsection (a) is a Class 1 |
felony
with a mandatory minimum fine of $1500 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (3) of |
subsection (a) is a Class X felony
with a mandatory minimum |
fine of $1500 and a maximum fine of $100,000.
If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation
of paragraph (2) of subsection (a) is a Class 1 |
felony with a
mandatory minimum fine of $1000 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (2) of |
subsection (a) is a Class X felony with a
mandatory minimum |
fine of $1000 and a maximum fine of $100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of
paragraph (6) of subsection (a) is a Class 3 |
felony with a mandatory
minimum fine of $1000 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of
paragraph (6) of |
subsection (a) is a Class 2 felony with a mandatory
minimum |
fine of $1000 and a maximum fine of $100,000.
|
(d) If a person is convicted of a second or subsequent |
|
violation of
this Section within 10 years of a prior |
conviction, the court shall order a
presentence psychiatric |
examination of the person. The examiner shall report
to the |
court whether treatment of the person is necessary.
|
(e) Any film, videotape, photograph or other similar visual |
reproduction
or depiction by computer which includes a child |
under the age of 18 and at least 13 years of age or a
severely |
or profoundly intellectually disabled person engaged in any |
activity
described in subparagraphs (i) through (vii) or |
paragraph 1 of subsection
(a), and any material or equipment |
used or intended for use in photographing,
filming, printing, |
producing, reproducing, manufacturing, projecting,
exhibiting, |
depiction by computer, or disseminating such material shall be
|
seized and forfeited in the manner, method and procedure |
provided by Section
36-1 of this Code for the seizure and |
forfeiture of vessels, vehicles and
aircraft.
|
In addition, any person convicted under this Section is |
subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963. |
(e-5) Upon the conclusion of a case brought under this |
Section, the court
shall seal all evidence depicting a victim |
or witness that is sexually
explicit. The evidence may be |
unsealed and viewed, on a motion of the party
seeking to unseal |
and view the evidence, only for good cause shown and in the
|
discretion of the court. The motion must expressly set forth |
the purpose for
viewing the material. The State's attorney and |
|
the victim, if possible, shall
be provided reasonable notice of |
the hearing on the motion to unseal the
evidence. Any person |
entitled to notice of a hearing under this subsection
(e-5) may |
object to the motion.
|
(f) Definitions. For the purposes of this Section:
|
(1) "Disseminate" means (i) to sell, distribute, |
exchange or transfer
possession, whether with or without |
consideration or (ii) to make a depiction
by computer |
available for distribution or downloading through the |
facilities
of any telecommunications network or through |
any other means of transferring
computer programs or data |
to a computer.
|
(2) "Produce" means to direct, promote, advertise, |
publish, manufacture,
issue, present or show.
|
(3) "Reproduce" means to make a duplication or copy.
|
(4) "Depict by computer" means to generate or create, |
or cause to be
created or generated, a computer program or |
data that, after being processed by
a computer either alone |
or in conjunction with one or more computer programs,
|
results in a visual depiction on a computer monitor, |
screen, or display.
|
(5) "Depiction by computer" means a computer program or |
data that, after
being processed by a computer either alone |
or in conjunction with one or more
computer programs, |
results in a visual depiction on a computer monitor, |
screen,
or display.
|
|
(6) "Computer", "computer program", and "data" have |
the meanings
ascribed to them in Section 16D-2 of this |
Code.
|
(7) For the purposes of this Section, "child |
pornography" includes a film, videotape, photograph, or |
other similar
visual medium or reproduction or depiction by |
computer that is, or appears to
be, that of a person, |
either in part, or in total, under the age of 18 and at |
least 13 years of age or a severely or profoundly |
intellectually disabled mentally retarded person,
|
regardless of the method by which the film, videotape, |
photograph, or other
similar visual medium or reproduction |
or depiction by computer is created,
adopted, or modified |
to appear as such. "Child pornography" also includes a |
film,
videotape, photograph, or other similar visual |
medium or reproduction or
depiction by computer that is |
advertised, promoted, presented, described, or
distributed |
in such a manner that conveys the impression that the film,
|
videotape, photograph, or other similar visual medium or |
reproduction or
depiction by computer is of a person under |
the age of 18 and at least 13 years of age or a severely or |
profoundly intellectually disabled mentally retarded |
person.
|
(g) Re-enactment; findings; purposes.
|
(1) The General Assembly finds and declares that:
|
(i) Section 50-5 of Public Act 88-680, effective |
|
January 1, 1995,
contained provisions amending the |
child pornography statute, Section 11-20.1
of the |
Criminal Code of 1961. Section 50-5 also contained |
other provisions.
|
(ii) In addition, Public Act 88-680 was entitled |
"AN ACT to create a
Safe Neighborhoods Law". (A) |
Article 5 was entitled JUVENILE JUSTICE and
amended the |
Juvenile Court Act of 1987. (B) Article 15 was entitled |
GANGS and
amended various provisions of the Criminal |
Code of 1961 and the Unified Code
of Corrections. (C) |
Article 20 was entitled ALCOHOL ABUSE and amended |
various
provisions of the Illinois Vehicle Code. (D) |
Article 25 was entitled DRUG
ABUSE and amended the |
Cannabis Control Act and the Illinois Controlled
|
Substances Act. (E) Article 30 was entitled FIREARMS |
and amended the Criminal
Code of 1961 and the Code of |
Criminal Procedure of 1963. (F) Article 35
amended the |
Criminal Code of 1961, the Rights of Crime Victims and |
Witnesses
Act, and the Unified Code of Corrections. (G) |
Article 40 amended the Criminal
Code of 1961 to |
increase the penalty for compelling organization |
membership of
persons. (H) Article 45 created the |
Secure Residential Youth Care Facility
Licensing Act |
and amended the State Finance Act, the Juvenile Court |
Act of
1987, the Unified Code of Corrections, and the |
Private Correctional Facility
Moratorium Act. (I) |
|
Article 50 amended the WIC Vendor Management Act, the
|
Firearm Owners Identification Card Act, the Juvenile |
Court Act of 1987, the
Criminal Code of 1961, the |
Wrongs to Children Act, and the Unified Code of
|
Corrections.
|
(iii) On September 22, 1998, the Third District |
Appellate Court in
People v. Dainty, 701 N.E. 2d 118, |
ruled that Public Act 88-680 violates the
single |
subject clause of the Illinois Constitution (Article |
IV, Section 8 (d))
and was unconstitutional in its |
entirety. As of the time this amendatory Act
of 1999 |
was prepared, People v. Dainty was still subject to |
appeal.
|
(iv) Child pornography is a vital concern to the |
people of this State
and the validity of future |
prosecutions under the child pornography statute of
|
the Criminal Code of 1961 is in grave doubt.
|
(2) It is the purpose of this amendatory Act of 1999 to |
prevent or
minimize any problems relating to prosecutions |
for child pornography that may
result from challenges to |
the constitutional validity of Public Act 88-680 by
|
re-enacting the Section relating to child pornography that |
was included in
Public Act 88-680.
|
(3) This amendatory Act of 1999 re-enacts Section |
11-20.1 of the
Criminal Code of 1961, as it has been |
amended. This re-enactment is intended
to remove any |
|
question as to the validity or content of that Section; it |
is not
intended to supersede any other Public Act that |
amends the text of the Section
as set forth in this |
amendatory Act of 1999. The material is shown as existing
|
text (i.e., without underscoring) because, as of the time |
this amendatory Act
of 1999 was prepared, People v. Dainty |
was subject to appeal to the Illinois
Supreme Court.
|
(4) The re-enactment by this amendatory Act of 1999 of |
Section 11-20.1 of
the Criminal Code of 1961 relating to |
child pornography that was amended by
Public Act 88-680 is |
not intended, and shall not be construed, to imply that
|
Public Act 88-680 is invalid or to limit or impair any |
legal argument
concerning whether those provisions were |
substantially re-enacted by other
Public Acts.
|
(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff. |
1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
|
(720 ILCS 5/11-20.1B) (was 720 ILCS 5/11-20.3) |
Sec. 11-20.1B. Aggravated child pornography. |
(a) A person commits aggravated child pornography who: |
(1) films, videotapes, photographs, or otherwise |
depicts or portrays by means of any similar visual medium |
or reproduction or depicts by computer any child whom he or |
she knows or reasonably should know to be under the age of |
13 years where such child is: |
|
(i) actually or by simulation engaged in any act of |
sexual penetration or sexual conduct with any person or |
animal; or |
(ii) actually or by simulation engaged in any act |
of sexual penetration or sexual conduct involving the |
sex organs of the child and the mouth, anus, or sex |
organs of another person or animal; or which involves |
the mouth, anus or sex organs of the child and the sex |
organs of another person or animal; or |
(iii) actually or by simulation engaged in any act |
of masturbation; or |
(iv) actually or by simulation portrayed as being |
the object of, or otherwise engaged in, any act of lewd |
fondling, touching, or caressing involving another |
person or animal; or |
(v) actually or by simulation engaged in any act of |
excretion or urination within a sexual context; or |
(vi) actually or by simulation portrayed or |
depicted as bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in any sexual |
context; or |
(vii) depicted or portrayed in any pose, posture or |
setting involving a lewd exhibition of the unclothed or |
transparently clothed genitals, pubic area, buttocks, |
or, if such person is female, a fully or partially |
developed breast of the child or other person; or |
|
(2) with the knowledge of the nature or content |
thereof, reproduces, disseminates, offers to disseminate, |
exhibits or possesses with intent to disseminate any film, |
videotape, photograph or other similar visual reproduction |
or depiction by computer of any child whom the person knows |
or reasonably should know to be under the age of 13 engaged |
in any activity described in subparagraphs (i) through |
(vii) of paragraph (1) of this subsection; or |
(3) with knowledge of the subject matter or theme |
thereof, produces any stage play, live performance, film, |
videotape or other similar visual portrayal or depiction by |
computer which includes a child whom the person knows or |
reasonably should know to be under the age of 13 engaged in |
any activity described in subparagraphs (i) through (vii) |
of paragraph (1) of this subsection; or |
(4) solicits, uses, persuades, induces, entices, or |
coerces any child whom he or she knows or reasonably should |
know to be under the age of 13 to appear in any stage play, |
live presentation, film, videotape, photograph or other |
similar visual reproduction or depiction by computer in |
which the child or severely or profoundly intellectually |
disabled mentally retarded person is or will be depicted, |
actually or by simulation, in any act, pose or setting |
described in subparagraphs (i) through (vii) of paragraph |
(1) of this subsection; or |
(5) is a parent, step-parent, legal guardian or other |
|
person having care or custody of a child whom the person |
knows or reasonably should know to be under the age of 13 |
and who knowingly permits, induces, promotes, or arranges |
for such child to appear in any stage play, live |
performance, film, videotape, photograph or other similar |
visual presentation, portrayal or simulation or depiction |
by computer of any act or activity described in |
subparagraphs (i) through (vii) of paragraph (1) of this |
subsection; or |
(6) with knowledge of the nature or content thereof, |
possesses any film, videotape, photograph or other similar |
visual reproduction or depiction by computer of any child |
whom the person knows or reasonably should know to be under |
the age of 13 engaged in any activity described in |
subparagraphs (i) through (vii) of paragraph (1) of this |
subsection; or |
(7) solicits, or knowingly uses, persuades, induces, |
entices, or coerces a person to provide a child under the |
age of 13 to appear in any videotape, photograph, film, |
stage play, live presentation, or other similar visual |
reproduction or depiction by computer in which the child |
will be depicted, actually or by simulation, in any act, |
pose, or setting described in subparagraphs (i) through |
(vii) of paragraph (1) of this subsection. |
(b)(1) It shall be an affirmative defense to a charge of |
aggravated child pornography that the defendant reasonably |
|
believed, under all of the circumstances, that the child was 13 |
years of age or older, but only where, prior to the act or acts |
giving rise to a prosecution under this Section, he or she took |
some affirmative action or made a bonafide inquiry designed to |
ascertain whether the child was 13 years of age or older and |
his or her reliance upon the information so obtained was |
clearly reasonable. |
(2) The charge of aggravated child pornography shall not |
apply to the performance of official duties by law enforcement |
or prosecuting officers or persons employed by law enforcement |
or prosecuting agencies, court personnel or attorneys, nor to |
bonafide treatment or professional education programs |
conducted by licensed physicians, psychologists or social |
workers. |
(3) If the defendant possessed more than 3 of the same |
film, videotape or visual reproduction or depiction by computer |
in which aggravated child pornography is depicted, then the |
trier of fact may infer that the defendant possessed such |
materials with the intent to disseminate them. |
(4) The charge of aggravated child pornography does not |
apply to a person who does not voluntarily possess a film, |
videotape, or visual reproduction or depiction by computer in |
which aggravated child pornography is depicted. Possession is |
voluntary if the defendant knowingly procures or receives a |
film, videotape, or visual reproduction or depiction for a |
sufficient time to be able to terminate his or her possession. |
|
(5) Any violation of paragraph (1), (2), (3), (4), (5), or |
(7) of subsection (a) that includes a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context shall |
be deemed a crime of violence. |
(c) Sentence:
(1) A person who commits a violation of |
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is |
guilty of a Class X felony with a mandatory minimum fine of |
$2,000 and a maximum fine of $100,000. |
(2) A person who commits a violation of paragraph (6) of |
subsection (a) is guilty of a Class 2 felony with a mandatory |
minimum fine of $1000 and a maximum fine of $100,000. |
(3) A person who commits a violation of paragraph (1), (2), |
(3), (4), (5), or (7) of subsection (a) where the defendant has |
previously been convicted under the laws of this State or any |
other state of the offense of child pornography, aggravated |
child pornography, aggravated criminal sexual abuse, |
aggravated criminal sexual assault, predatory criminal sexual |
assault of a child, or any of the offenses formerly known as |
rape, deviate sexual assault, indecent liberties with a child, |
or aggravated indecent liberties with a child where the victim |
was under the age of 18 years or an offense that is |
substantially equivalent to those offenses, is guilty of a |
Class X felony for which the person shall be sentenced to a |
term of imprisonment of not less than 9 years with a mandatory |
|
minimum fine of $2,000 and a maximum fine of $100,000. |
(4) A person who commits a violation of paragraph (6) of |
subsection (a) where the defendant has previously been |
convicted under the laws of this State or any other state of |
the offense of child pornography, aggravated child |
pornography, aggravated criminal sexual abuse, aggravated |
criminal sexual assault, predatory criminal sexual assault of a |
child, or any of the offenses formerly known as rape, deviate |
sexual assault, indecent liberties with a child, or aggravated |
indecent liberties with a child where the victim was under the |
age of 18 years or an offense that is substantially equivalent |
to those offenses, is guilty of a Class 1 felony with a |
mandatory minimum fine of $1000 and a maximum fine of $100,000. |
(d) If a person is convicted of a second or subsequent |
violation of this Section within 10 years of a prior |
conviction, the court shall order a presentence psychiatric |
examination of the person. The examiner shall report to the |
court whether treatment of the person is necessary. |
(e) Any film, videotape, photograph or other similar visual |
reproduction or depiction by computer which includes a child |
under the age of 13 engaged in any activity described in |
subparagraphs (i) through (vii) of paragraph (1) of subsection |
(a), and any material or equipment used or intended for use in |
photographing, filming, printing, producing, reproducing, |
manufacturing, projecting, exhibiting, depiction by computer, |
or disseminating such material shall be seized and forfeited in |
|
the manner, method and procedure provided by Section 36-1 of |
this Code for the seizure and forfeiture of vessels, vehicles |
and aircraft. |
In addition, any person convicted under this Section is |
subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963. |
(e-5) Upon the conclusion of a case brought under this |
Section, the court shall seal all evidence depicting a victim |
or witness that is sexually explicit. The evidence may be |
unsealed and viewed, on a motion of the party seeking to unseal |
and view the evidence, only for good cause shown and in the |
discretion of the court. The motion must expressly set forth |
the purpose for viewing the material. The State's attorney and |
the victim, if possible, shall be provided reasonable notice of |
the hearing on the motion to unseal the evidence. Any person |
entitled to notice of a hearing under this subsection (e-5) may |
object to the motion. |
(f) Definitions. For the purposes of this Section: |
(1) "Disseminate" means (i) to sell, distribute, |
exchange or transfer possession, whether with or without |
consideration or (ii) to make a depiction by computer |
available for distribution or downloading through the |
facilities of any telecommunications network or through |
any other means of transferring computer programs or data |
to a computer. |
(2) "Produce" means to direct, promote, advertise, |
|
publish, manufacture, issue, present or show. |
(3) "Reproduce" means to make a duplication or copy. |
(4) "Depict by computer" means to generate or create, |
or cause to be created or generated, a computer program or |
data that, after being processed by a computer either alone |
or in conjunction with one or more computer programs, |
results in a visual depiction on a computer monitor, |
screen, or display. |
(5) "Depiction by computer" means a computer program or |
data that, after being processed by a computer either alone |
or in conjunction with one or more computer programs, |
results in a visual depiction on a computer monitor, |
screen, or display. |
(6) "Computer", "computer program", and "data" have |
the meanings ascribed to them in Section 16D-2 of this |
Code. |
(7) For the purposes of this Section, "child" means a |
person, either in part or in total, under the age of 13, |
regardless of the method by which the film, videotape, |
photograph, or other similar visual medium or reproduction |
or depiction by computer is created, adopted, or modified |
to appear as such. |
(g) When a charge of aggravated child pornography is |
brought, the age of the child is an element of the offense to |
be resolved by the trier of fact as either exceeding or not |
exceeding the age in question. The trier of fact can rely on |
|
its own everyday observations and common experiences in making |
this determination.
|
(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712, |
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; |
incorporates 97-227, eff. 1-1-12; revised 9-12-11.)
|
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
|
Sec. 12-2. Aggravated assault.
|
(a) Offense based on location of conduct. A person commits |
aggravated assault when he or she commits an assault against an |
individual who is on or about a public way, public property, a |
public place of accommodation or amusement, or a sports venue. |
(b) Offense based on status of victim. A person commits |
aggravated assault when, in committing an assault, he or she |
knows the individual assaulted to be any of the following: |
(1) A physically handicapped person or a person 60 |
years of age or older and the assault is without legal |
justification. |
(2) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(3) A park district employee upon park grounds or |
grounds adjacent to a park or in any part of a building |
used for park purposes. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, emergency management |
|
worker, emergency medical technician, or utility worker: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(5) A correctional officer or probation officer: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(6) A correctional institution employee, a county |
juvenile detention center employee who provides direct and |
continuous supervision of residents of a juvenile |
detention center, including a county juvenile detention |
center employee who supervises recreational activity for |
residents of a juvenile detention center, or a Department |
of Human Services employee, Department of Human Services |
officer , or employee of a subcontractor of the Department |
of Human Services supervising or controlling sexually |
dangerous persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
|
or her official duties. |
(7) An employee of the State of Illinois, a municipal |
corporation therein, or a political subdivision thereof, |
performing his or her official duties. |
(8) A transit employee performing his or her official |
duties, or a transit passenger. |
(9) A sports official or coach actively participating |
in any level of athletic competition within a sports venue, |
on an indoor playing field or outdoor playing field, or |
within the immediate vicinity of such a facility or field. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court, while that |
individual is in the performance of his or her duties as a |
process server. |
(c) Offense based on use of firearm, device, or motor |
vehicle. A person commits aggravated assault when, in |
committing an assault, he or she does any of the following: |
(1) Uses a deadly weapon, an air rifle as defined in |
the Air Rifle Act, or any device manufactured and designed |
to be substantially similar in appearance to a firearm, |
other than by discharging a firearm. |
(2) Discharges a firearm, other than from a motor |
vehicle. |
(3) Discharges a firearm from a motor vehicle. |
(4) Wears a hood, robe, or mask to conceal his or her |
|
identity. |
(5) Knowingly and without lawful justification shines |
or flashes a laser gun sight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes near or in the immediate vicinity of |
any person. |
(6) Uses a firearm, other than by discharging the |
firearm, against a peace officer, community policing |
volunteer, fireman, private security officer, emergency |
management worker, emergency medical technician, employee |
of a police department, employee of a sheriff's department, |
or traffic control municipal employee: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) Without justification operates a motor vehicle in a |
manner which places a person, other than a person listed in |
subdivision (b)(4), in reasonable apprehension of being |
struck by the moving motor vehicle. |
(8) Without justification operates a motor vehicle in a |
manner which places a person listed in subdivision (b)(4), |
in reasonable apprehension of being struck by the moving |
motor vehicle. |
(d) Sentence. Aggravated assault as defined in subdivision |
|
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
(c)(1), or (c)(4) is a Class A misdemeanor, except that |
aggravated assault as defined in subdivision (b)(4) and (b)(7) |
is a Class 4 felony if a Category I, Category II, or Category |
III weapon is used in the commission of the assault. Aggravated |
assault as defined in subdivision (b)(5), (b)(6), (b)(10), |
(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
is a Class 3 felony. |
(e) For the purposes of this Section, "Category I weapon", |
"Category II weapon, and "Category III weapon" have the |
meanings ascribed to those terms in Section 33A-1 of this Code.
|
an employee of a county juvenile detention center who provides |
direct and continuous supervision of residents of a juvenile |
detention center, including an employee of a county juvenile |
detention center who supervises recreational activity for |
residents of a juvenile detention center, |
; or |
(20) Knows the individual assaulted to be either: |
(A) a person authorized to serve process under |
Section 2-202 of the Code of Civil Procedure; or |
(B) a special process server appointed by the |
circuit court; |
while that individual is in the performance of his or her |
duties as a process server. |
, and (20) |
|
(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; |
96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. |
7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. |
8-12-11; revised 9-12-11.)
|
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
|
Sec. 12-3.05. Aggravated battery.
|
(a) Offense based on injury. A person commits aggravated |
battery when, in committing a battery, other than by the |
discharge of a firearm, he or she knowingly does any of the |
following: |
(1) Causes great bodily harm or permanent disability or |
disfigurement. |
(2) Causes severe and permanent disability, great |
bodily harm, or disfigurement by means of a caustic or |
flammable substance, a poisonous gas, a deadly biological |
or chemical contaminant or agent, a radioactive substance, |
or a bomb or explosive compound. |
(3) Causes great bodily harm or permanent disability or |
disfigurement to an individual whom the person knows to be |
a peace officer, community policing volunteer, fireman, |
private security officer, correctional institution |
employee, or Department of Human Services employee |
supervising or controlling sexually dangerous persons or |
sexually violent persons: |
(i) performing his or her official duties; |
|
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(4) Causes great bodily harm or permanent disability or |
disfigurement to an individual 60 years of age or older. |
(5) Strangles another individual. |
(b) Offense based on injury to a child or intellectually |
disabled mentally retarded person. A person who is at least 18 |
years of age commits aggravated battery when, in committing a |
battery, he or she knowingly and without legal justification by |
any means: |
(1) causes great bodily harm or permanent disability or |
disfigurement to any child under the age of 13 years, or to |
any severely or profoundly intellectually disabled |
mentally retarded person; or |
(2) causes bodily harm or disability or disfigurement |
to any child under the age of 13 years or to any severely |
or profoundly intellectually disabled mentally retarded |
person. |
(c) Offense based on location of conduct. A person commits |
aggravated battery when, in committing a battery, other than by |
the discharge of a firearm, he or she is or the person battered |
is on or about a public way, public property, a public place of |
accommodation or amusement, a sports venue, or a domestic |
violence shelter. |
|
(d) Offense based on status of victim. A person commits |
aggravated battery when, in committing a battery, other than by |
discharge of a firearm, he or she knows the individual battered |
to be any of the following: |
(1) A person 60 years of age or older. |
(2) A person who is pregnant or physically handicapped. |
(3) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, correctional |
institution employee, or Department of Human Services |
employee supervising or controlling sexually dangerous |
persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(5) A judge, emergency management worker, emergency |
medical technician, or utility worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
|
(6) An officer or employee of the State of Illinois, a |
unit of local government, or a school district, while |
performing his or her official duties. |
(7) A transit employee performing his or her official |
duties, or a transit passenger. |
(8) A taxi driver on duty. |
(9) A merchant who detains the person for an alleged |
commission of retail theft under Section 16-26 of this Code |
and the person without legal justification by any means |
causes bodily harm to the merchant. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court while that individual |
is in the performance of his or her duties as a process |
server. |
(e) Offense based on use of a firearm. A person commits |
aggravated battery when, in committing a battery, he or she |
knowingly does any of the following: |
(1) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
another person. |
(2) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be a peace officer, community |
policing volunteer, person summoned by a police officer, |
fireman, private security officer, correctional |
|
institution employee, or emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(3) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be an emergency medical |
technician employed by a municipality or other |
governmental unit: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(4) Discharges a firearm and causes any injury to a |
person he or she knows to be a teacher, a student in a |
school, or a school employee, and the teacher, student, or |
employee is upon school grounds or grounds adjacent to a |
school or in any part of a building used for school |
purposes. |
(5) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to another person. |
(6) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
|
knows to be a peace officer, community policing volunteer, |
person summoned by a police officer, fireman, private |
security officer, correctional institution employee or |
emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(7) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be an emergency medical technician employed by a |
municipality or other governmental unit: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(8) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be a teacher, or a student in a school, or a |
school employee, and the teacher, student, or employee is |
upon school grounds or grounds adjacent to a school or in |
any part of a building used for school purposes. |
(f) Offense based on use of a weapon or device. A person |
commits aggravated battery when, in committing a battery, he or |
|
she does any of the following: |
(1) Uses a deadly weapon other than by discharge of a |
firearm, or uses an air rifle as defined in the Air Rifle
|
Act. |
(2) Wears a hood, robe, or mask to conceal his or her |
identity. |
(3) Knowingly and without lawful justification shines |
or flashes a laser gunsight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes upon or against the person of |
another. |
(g) Offense based on certain conduct. A person commits |
aggravated battery when, other than by discharge of a firearm, |
he or she does any of the following: |
(1) Violates Section 401 of the Illinois Controlled |
Substances Act by unlawfully delivering a controlled |
substance to another and any user experiences great bodily |
harm or permanent disability as a result of the injection, |
inhalation, or ingestion of any amount of the controlled |
substance. |
(2) Knowingly administers to an individual or causes |
him or her to take, without his or her consent or by threat |
or deception, and for other than medical purposes, any |
intoxicating, poisonous, stupefying, narcotic, anesthetic, |
or controlled substance, or gives to another person any |
food containing any substance or object intended to cause |
|
physical injury if eaten. |
(3) Knowingly causes or attempts to cause a |
correctional institution employee or Department of Human |
Services employee to come into contact with blood, seminal |
fluid, urine, or feces by throwing, tossing, or expelling |
the fluid or material, and the person is an inmate of a |
penal institution or is a sexually dangerous person or |
sexually violent person in the custody of the Department of |
Human Services. |
(h) Sentence. Unless otherwise provided, aggravated |
battery is a Class 3 felony. |
Aggravated battery as defined in subdivision (a)(4), |
(d)(4), or (g)(3) is a Class 2 felony. |
Aggravated battery as defined in subdivision (a)(3) or |
(g)(1) is a Class 1 felony. |
Aggravated battery as defined in subdivision (a)(1) is a |
Class 1 felony when the aggravated battery was intentional and |
involved the infliction of torture, as defined in paragraph |
(14) of subsection (b) of Section 9-1 of this Code, as the |
infliction of or subjection to extreme physical pain, motivated |
by an intent to increase or prolong the pain, suffering, or |
agony of the victim. |
Aggravated battery under subdivision (a)(5) is a
Class 1 |
felony if: |
(A) the person used or attempted to use a dangerous
|
instrument while committing the offense; or |
|
(B) the person caused great bodily harm or
permanent |
disability or disfigurement to the other
person while |
committing the offense; or |
(C) the person has been previously convicted of a
|
violation of subdivision (a)(5) under the laws of this
|
State or laws similar to subdivision (a)(5) of any other
|
state. |
Aggravated battery as defined in subdivision (e)(1) is a |
Class X felony. |
Aggravated battery as defined in subdivision (a)(2) is a |
Class X felony for which a person shall be sentenced to a term |
of imprisonment of a minimum of 6 years and a maximum of 45 |
years. |
Aggravated battery as defined in subdivision (e)(5) is a |
Class X felony for which a person shall be sentenced to a term |
of imprisonment of a minimum of 12 years and a maximum of 45 |
years. |
Aggravated battery as defined in subdivision (e)(2), |
(e)(3), or (e)(4) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 15 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (e)(6), |
(e)(7), or (e)(8) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 20 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (b)(1) is a |
|
Class X felony, except that: |
(1) if the person committed the offense while armed |
with a firearm, 15 years shall be added to the term of |
imprisonment imposed by the court; |
(2) if, during the commission of the offense, the |
person personally discharged a firearm, 20 years shall be |
added to the term of imprisonment imposed by the court; |
(3) if, during the commission of the offense, the |
person personally discharged a firearm that proximately |
caused great bodily harm, permanent disability, permanent |
disfigurement, or death to another person, 25 years or up |
to a term of natural life shall be added to the term of |
imprisonment imposed by the court. |
(i) Definitions. For the purposes of this Section: |
"Building or other structure used to provide shelter" has |
the meaning ascribed to "shelter" in Section 1 of the Domestic |
Violence Shelters Act. |
"Domestic violence" has the meaning ascribed to it in |
Section 103 of the Illinois Domestic Violence Act of 1986. |
"Domestic violence shelter" means any building or other |
structure used to provide shelter or other services to victims |
or to the dependent children of victims of domestic violence |
pursuant to the Illinois Domestic Violence Act of 1986 or the |
Domestic Violence Shelters Act, or any place within 500 feet of |
such a building or other structure in the case of a person who |
is going to or from such a building or other structure. |
|
"Firearm" has the meaning provided under Section 1.1
of the |
Firearm Owners Identification Card Act, and does
not include an |
air rifle as defined by Section 1 of the Air
Rifle Act. |
"Machine gun" has the meaning ascribed to it in Section |
24-1 of this Code. |
"Merchant" has the meaning ascribed to it in Section 16-0.1 |
of this Code. |
"Strangle" means
intentionally impeding the normal |
breathing or circulation of the blood of an individual by |
applying pressure on the throat
or neck of that individual or |
by blocking the nose or mouth of
that individual.
|
(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; |
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. |
1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, |
and 97-467, eff. 1-1-12; revised 10-12-11.)
|
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
|
Sec. 12-3.2. Domestic battery.
|
(a) A person commits domestic battery if he or she |
knowingly
without legal justification by any means:
|
(1) Causes bodily harm to any family or household |
member;
|
(2) Makes physical contact of an insulting or provoking |
nature with any
family or household member.
|
(b) Sentence. Domestic battery is a Class A misdemeanor.
|
Domestic battery is a Class 4 felony if the defendant has any
|
|
prior
conviction under this Code for domestic battery (Section |
12-3.2) or violation
of an order of protection (Section 12-3.4 |
or 12-30), or any prior conviction under the
law of another |
jurisdiction for an offense which is substantially similar.
|
Domestic battery is a Class 4 felony
if the
defendant has any |
prior conviction under this Code for first degree murder
|
(Section 9-1), attempt to
commit first degree murder (Section |
8-4), aggravated domestic battery (Section
12-3.3), aggravated |
battery
(Section 12-3.05 or 12-4), heinous battery (Section |
12-4.1), aggravated battery with a
firearm (Section 12-4.2), |
aggravated battery with a machine gun or a firearm equipped |
with a silencer (Section 12-4.2-5), aggravated battery of a |
child (Section 12-4.3),
aggravated battery of
an unborn child |
(subsection (a-5) of Section 12-3.1, or Section 12-4.4), |
aggravated battery of a senior citizen
(Section 12-4.6), |
stalking (Section 12-7.3), aggravated stalking (Section
|
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), |
aggravated criminal sexual
assault
(Section 11-1.30 or 12-14), |
kidnapping (Section 10-1), aggravated kidnapping (Section |
10-2),
predatory criminal sexual assault of a child (Section |
11-1.40 or 12-14.1), aggravated
criminal sexual abuse (Section |
11-1.60 or 12-16), unlawful restraint (Section 10-3),
|
aggravated unlawful restraint (Section 10-3.1), aggravated |
arson (Section
20-1.1), or aggravated discharge of a firearm
|
(Section 24-1.2), or any prior conviction under the law of |
another
jurisdiction for any offense that is substantially |
|
similar to the offenses
listed in this Section, when any of |
these
offenses have been committed
against a
family or |
household member. In addition to any other
sentencing |
alternatives, for any second or subsequent conviction of |
violating this
Section, the
offender shall be mandatorily |
sentenced to a minimum of 72
consecutive hours of
imprisonment. |
The imprisonment shall not be subject to suspension, nor shall
|
the person be eligible for probation in order to reduce the |
sentence.
|
(c) Domestic battery committed in the presence of a child. |
In addition to
any other sentencing alternatives, a defendant |
who commits, in the presence of
a child, a felony domestic |
battery (enhanced under subsection
(b)), aggravated domestic |
battery (Section 12-3.3),
aggravated battery (Section 12-3.05 |
or 12-4), unlawful restraint (Section
10-3), or aggravated |
unlawful restraint (Section 10-3.1) against a family or
|
household member shall be required to serve a mandatory minimum |
imprisonment
of 10 days or perform 300 hours of community |
service, or both. The defendant
shall further be liable for the |
cost of any counseling required for the child
at the discretion |
of the court in accordance
with subsection (b) of Section 5-5-6 |
of the Unified Code of Corrections.
For purposes of this |
Section, "child" means a person under 18
years of age
who is |
the defendant's or victim's child or step-child or who is a |
minor child
residing
within or visiting the household of the |
defendant or victim.
|
|
(d) Upon conviction of domestic battery, the court shall |
advise the defendant orally or in writing, substantially as |
follows: "An individual convicted of domestic battery may be |
subject to federal criminal penalties for possessing, |
transporting, shipping, or receiving any firearm or ammunition |
in violation of the federal Gun Control Act of 1968 (18 U.S.C. |
922(g)(8) and (9))." A notation shall be made in the court file |
that the admonition was given. |
(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section |
5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; |
revised 9-30-11.)
|
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
|
Sec. 12-3.4. Violation of an order of protection.
|
(a) A person commits violation of an order of protection |
if:
|
(1) He or she knowingly commits an act which was |
prohibited by a court or fails
to commit
an act which was |
ordered by a court in violation of:
|
(i) a remedy in a valid
order of protection |
authorized under paragraphs (1), (2), (3), (14),
or
|
(14.5) of
subsection (b) of Section 214 of the Illinois |
Domestic Violence Act of 1986,
|
(ii) a remedy, which is substantially similar to |
the remedies
authorized
under paragraphs (1), (2), |
(3), (14) or (14.5) of subsection (b) of Section 214
of |
|
the Illinois Domestic Violence Act of 1986, in a valid |
order of protection,
which is authorized under the laws |
of another state, tribe or United States
territory,
|
(iii) any other remedy when the act constitutes a |
crime against the
protected parties
as the term |
protected parties is defined in Section 112A-4 of the |
Code of
Criminal Procedure of 1963; and
|
(2) Such violation occurs after the offender has been |
served notice of
the contents of the order, pursuant to the |
Illinois Domestic Violence
Act of 1986 or any substantially |
similar statute of another state, tribe or
United
States |
territory, or otherwise has acquired actual knowledge of |
the contents
of the
order.
|
An order of protection issued by a state, tribal or |
territorial
court
related to domestic or family violence shall |
be deemed valid if the issuing
court had jurisdiction over the |
parties and matter under the law of the state,
tribe or |
territory. There shall be a presumption of validity where an |
order is
certified and appears authentic on its face. For |
purposes of this Section, an "order of protection" may have |
been
issued in a criminal or civil proceeding.
|
(a-5) Failure to provide reasonable notice and opportunity |
to be heard
shall
be an affirmative defense to any charge or |
process filed seeking enforcement of
a foreign order of |
protection.
|
(b) Nothing in this Section shall be construed to diminish |
|
the inherent
authority of the courts to enforce their lawful |
orders through civil or
criminal contempt proceedings.
|
(c) The limitations placed on law enforcement liability by |
Section 305 of
the Illinois Domestic Violence Act of 1986 apply |
to actions taken under this
Section.
|
(d) Violation of an order of protection is a Class A |
misdemeanor.
Violation of an order of protection is a
Class 4 |
felony if the defendant has any prior conviction under this |
Code for
domestic battery (Section 12-3.2)
or violation of an |
order of protection (Section 12-3.4 or
12-30). Violation of an |
order of protection is a Class 4 felony if the
defendant has |
any prior conviction under this Code for
first degree murder |
(Section 9-1), attempt to commit first degree murder
(Section |
8-4), aggravated domestic battery (Section 12-3.3),
aggravated |
battery
(Section 12-3.05 or 12-4),
heinous battery (Section |
12-4.1), aggravated battery with a firearm (Section
12-4.2), |
aggravated battery with a machine gun or a firearm equipped |
with a silencer (Section 12-4.2-5) , aggravated battery of a |
child (Section 12-4.3), aggravated battery of
an unborn child |
(subsection (a-5) of Section 12-3.1, or Section 12-4.4), |
aggravated battery of a senior citizen
(Section 12-4.6),
|
stalking (Section 12-7.3), aggravated stalking (Section
|
12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), |
aggravated criminal sexual assault
(Section 11-1.30 or 12-14), |
kidnapping (Section 10-1), aggravated kidnapping (Section |
10-2),
predatory criminal sexual assault of a child (Section |
|
11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section |
11-1.60 or 12-16),
unlawful restraint (Section 10-3), |
aggravated unlawful restraint
(Section
10-3.1),
aggravated |
arson (Section 20-1.1), aggravated discharge of a firearm
|
(Section 24-1.2), or a violation of any former law of this |
State that is substantially similar to any listed offense,
when |
any of these offenses have been committed against a family or
|
household member as defined in Section 112A-3 of the Code of |
Criminal Procedure
of 1963. The court shall impose a minimum |
penalty of 24 hours imprisonment for
defendant's second or |
subsequent violation of any order of protection; unless
the |
court explicitly finds that an increased penalty or such period |
of
imprisonment would be manifestly unjust. In addition to any |
other penalties,
the court may order the defendant to pay a |
fine as authorized under Section
5-9-1 of the Unified Code of |
Corrections or to make restitution to the victim
under Section |
5-5-6 of the Unified Code of Corrections. In addition to any
|
other penalties, including those imposed by Section 5-9-1.5 of |
the Unified Code
of Corrections, the court shall impose an |
additional fine of $20 as authorized
by Section 5-9-1.11 of the |
Unified Code of Corrections upon any person
convicted of or |
placed on supervision for a violation of this
Section. The |
additional fine shall
be imposed for each violation of this |
Section.
|
(e) (Blank).
|
(f) A defendant who directed the actions of a third party |
|
to violate this Section, under the principles of accountability |
set forth in Article 5 of this Code, is guilty of violating |
this Section as if the same had been personally done by the |
defendant, without regard to the mental state of the third |
party acting at the direction of the defendant. |
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; |
96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates |
97-311, eff. 8-11-11; revised 9-11-11.)
|
(720 ILCS 5/12-4.4a)
|
Sec. 12-4.4a. Abuse or criminal neglect of a long term care |
facility resident; criminal abuse or neglect of an elderly |
person or person with a disability. |
(a) Abuse or criminal neglect of a long term care facility |
resident. |
(1) A person or an owner or licensee commits abuse of a |
long term care facility resident when he or she knowingly |
causes any physical or mental injury to, or commits any |
sexual offense in this Code against, a resident. |
(2) A person or an owner or licensee commits criminal |
neglect of a long term care facility resident when he or |
she recklessly: |
(A) performs acts that cause a resident's life to |
be endangered, health to be injured, or pre-existing |
physical or mental condition to deteriorate, or that |
create the substantial likelihood
that an elderly |
|
person's or person with a disability's life
will be |
endangered, health will be injured, or pre-existing
|
physical or mental condition will deteriorate; |
(B) fails to perform acts that he or she knows or |
reasonably should know are necessary to maintain or |
preserve the life or health of a resident, and that |
failure causes the resident's life to be endangered, |
health to be injured, or pre-existing physical or |
mental condition to deteriorate, or that create the |
substantial likelihood
that an elderly person's or |
person with a disability's life
will be endangered, |
health will be injured, or pre-existing
physical or |
mental condition will deteriorate; or |
(C) abandons a resident. |
(3) A person or an owner or licensee commits neglect of |
a long term care facility resident when he or she |
negligently fails to provide adequate medical care, |
personal care, or maintenance to the resident which results |
in physical or mental injury or deterioration of the |
resident's physical or mental condition. An owner or |
licensee is guilty under this subdivision (a)(3), however, |
only if the owner or licensee failed to exercise reasonable |
care in the hiring, training, supervising, or providing of |
staff or other related routine administrative |
responsibilities. |
(b) Criminal abuse or neglect of an elderly person or |
|
person with a disability. |
(1) A caregiver commits criminal abuse or neglect of an |
elderly person or person with a disability when he or she |
knowingly does any of the following: |
(A) performs acts that cause the person's life to |
be endangered, health to be injured, or pre-existing |
physical or mental condition to deteriorate; |
(B) fails to perform acts that he or she knows or |
reasonably should know are necessary to maintain or |
preserve the life or health of the person, and that |
failure causes the person's life to be endangered, |
health to be injured, or pre-existing physical or |
mental condition to deteriorate; |
(C) abandons the person; |
(D) physically abuses, harasses, intimidates, or |
interferes with the personal liberty of the person; or |
(E) exposes the person to willful deprivation. |
(2) It is not a defense to criminal abuse or neglect of |
an elderly person or person with a disability that the |
caregiver reasonably believed that the victim was not an |
elderly person or person with a disability. |
(c) Offense not applicable. |
(1) Nothing in this Section applies to a physician |
licensed to practice medicine in all its branches or a duly |
licensed nurse providing care within the scope of his or |
her professional judgment and within the accepted |
|
standards of care within the community. |
(2) Nothing in this Section imposes criminal liability |
on a caregiver who made a good faith effort to provide for |
the health and personal care of an elderly person or person |
with a disability, but through no fault of his or her own |
was unable to provide such care. |
(3) Nothing in this Section applies to the medical |
supervision, regulation, or control of the remedial care or |
treatment of residents in a long term care facility |
conducted for those who rely upon treatment by prayer or |
spiritual means in accordance with the creed or tenets of |
any well-recognized church or religious denomination as |
described in Section 3-803 of the Nursing Home Care Act , |
Section 3-803 of the Specialized Mental Health |
Rehabilitation Act, or Section 3-803 of the ID/DD MR/DD |
Community Care Act. |
(4) Nothing in this Section prohibits a caregiver from |
providing treatment to an elderly person or person with a |
disability by spiritual means through prayer alone and care |
consistent therewith in lieu of medical care and treatment |
in accordance with the tenets and practices of any church |
or religious denomination of which the elderly person or |
person with a disability is a member. |
(5) Nothing in this Section limits the remedies |
available to the victim under the Illinois Domestic |
Violence Act of 1986. |
|
(d) Sentence. |
(1) Long term care facility. Abuse of a long term care |
facility resident is a Class 3 felony. Criminal neglect of |
a long term care facility resident is a Class 4 felony, |
unless it results in the resident's death in which case it |
is a Class 3 felony. Neglect of a long term care facility |
resident is a petty offense. |
(2) Caregiver. Criminal abuse or neglect of an elderly |
person or person with a disability is a Class 3 felony, |
unless it results in the person's death in which case it is |
a Class 2 felony, and if imprisonment is imposed it shall |
be for a minimum term of 3 years and a maximum term of 14 |
years. |
(e) Definitions. For the purposes of this Section: |
"Abandon" means to desert or knowingly forsake a resident |
or an
elderly person or person with a disability under
|
circumstances in which a reasonable person
would continue to |
provide care and custody. |
"Caregiver" means a person who has a duty to provide for an |
elderly person or person with a
disability's health and |
personal care, at the elderly person or person with a |
disability's place of residence, including, but not limited to, |
food and nutrition, shelter, hygiene, prescribed medication, |
and medical care and treatment, and
includes any of the |
following: |
(1) A parent, spouse, adult child, or other relative by |
|
blood or marriage
who resides with or resides in the same |
building with or regularly
visits
the elderly person or |
person with a disability, knows
or reasonably should know |
of such person's physical or mental impairment,
and knows |
or reasonably should know that such person is unable to
|
adequately provide for his or her own health and personal |
care. |
(2) A person who is employed by the elderly person or
|
person with a disability or by
another to reside with or |
regularly visit the elderly person or person with a |
disability
and provide for such person's health and |
personal care. |
(3) A person who has agreed for consideration to reside |
with or
regularly visit the elderly person or person with a
|
disability and provide for such
person's health and |
personal care. |
(4) A person who has been appointed by a private or |
public agency or by
a court of competent jurisdiction to |
provide for the elderly person or
person with a |
disability's health and personal care. |
"Caregiver" does not include a long-term care facility |
licensed or
certified under the Nursing Home Care Act or a |
facility licensed or certified under the ID/DD MR/DD Community |
Care Act or the Specialized Mental Health Rehabilitation Act , |
or any administrative, medical, or
other personnel of such a |
facility, or a health care provider who is licensed
under the |
|
Medical Practice Act of 1987 and renders care in the ordinary
|
course of his or her profession. |
"Elderly person" means a person 60
years of age or older |
who is incapable of
adequately providing for his or her own |
health and personal care. |
"Licensee" means the individual or entity licensed to |
operate a
facility under the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act, the ID/DD MR/DD |
Community Care Act, or the Assisted Living and Shared
Housing |
Act. |
"Long term care facility" means a private home,
|
institution, building, residence, or other place, whether |
operated for
profit or not, or a county home for the infirm and |
chronically ill operated
pursuant to Division 5-21 or 5-22 of |
the Counties Code, or any similar
institution operated by
the |
State of Illinois or a political subdivision thereof, which |
provides,
through its ownership or management, personal care, |
sheltered care, or
nursing for 3 or more persons not related to |
the owner by blood or
marriage. The term also includes skilled |
nursing facilities and
intermediate care facilities as defined |
in Titles XVIII and XIX of the
federal Social Security Act and |
assisted living establishments and shared
housing |
establishments licensed under the Assisted Living and Shared |
Housing
Act. |
"Owner" means the owner a long term care facility as
|
provided in the Nursing Home Care Act, the owner of a facility |
|
as provided under the Specialized Mental Health Rehabilitation |
Act, the owner of a facility as provided in the ID/DD MR/DD |
Community Care Act, or the owner of an assisted living or |
shared
housing establishment as provided in the Assisted Living |
and Shared Housing Act. |
"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. |
"Resident" means a person residing in a long term care |
facility. |
"Willful deprivation" has the meaning ascribed to it in |
paragraph
(15) of Section 103 of the Illinois Domestic Violence |
Act of 1986.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff. |
6-28-11, and 97-227, eff. 1-1-12; revised 9-12-11.)
|
(720 ILCS 5/12-6.2)
|
Sec. 12-6.2. Aggravated intimidation.
|
(a) A person commits aggravated intimidation when he or she
|
commits intimidation and:
|
(1) the person committed the offense in furtherance of |
the activities of
an organized gang or because of the |
person's membership in or allegiance to an
organized gang; |
or
|
|
(2) the offense is committed with the intent to prevent |
any person from
becoming a community policing volunteer; or
|
(3) the following conditions are met:
|
(A) the person knew that the victim was a peace |
officer,
a correctional
institution employee, a |
fireman, a community policing volunteer , ; or (v) a |
civilian reporting information regarding a forcible |
felony to a law enforcement agency;
and
|
(B) the offense was committed: |
(i) while the victim was engaged in the
|
execution of his or her official duties; or |
(ii) to prevent the victim from
performing his |
or her official duties; |
(iii) in retaliation for the victim's
|
performance of his or her official duties; |
(iv) by reason of any person's
activity as a |
community policing volunteer; or
|
(v) because the person reported information |
regarding a forcible felony to a law enforcement |
agency. |
(b) Sentence. Aggravated intimidation as defined in |
paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation |
as defined in paragraph (a)(2) or (a)(3) is
a Class 2 felony
|
for which the offender may be sentenced to a term of |
imprisonment of not less
than 3 years nor more than 14 years.
|
(c) (Blank).
|
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; |
revised 9-12-11.)
|
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
|
Sec. 12-7.1. Hate crime.
|
(a) A person commits hate crime when, by reason of the |
actual or
perceived race, color, creed, religion, ancestry, |
gender, sexual orientation,
physical or mental disability, or |
national origin of another individual or
group of individuals, |
regardless of the existence of any other motivating
factor or |
factors, he commits assault, battery, aggravated assault, |
misdemeanor
theft, criminal trespass to residence, misdemeanor |
criminal damage
to property, criminal trespass to vehicle, |
criminal trespass to real property,
mob action or disorderly |
conduct as these crimes are defined in Sections 12-1,
12-2, |
12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this |
Code,
respectively, or harassment by telephone as defined in |
Section 1-1 of the
Harassing and Obscene Communications Act, or |
harassment through electronic
communications as defined in |
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
|
Obscene Communications Act.
|
(b) Except as provided in subsection (b-5), hate crime is a |
Class 4
felony for a first offense and a Class 2 felony for a |
second or subsequent
offense.
|
(b-5) Hate crime is a Class 3 felony for a first offense |
and a Class 2
felony for a second or subsequent offense if |
|
committed:
|
(1) in a church, synagogue, mosque, or other building, |
structure, or place
used for religious worship or other |
religious purpose;
|
(2) in a cemetery, mortuary, or other facility used for |
the purpose of
burial or memorializing the dead;
|
(3) in a school or other educational facility, |
including an administrative facility or public or private |
dormitory facility of or associated with the school or |
other educational facility;
|
(4) in a public park or an ethnic or religious |
community center;
|
(5) on the real property comprising any location |
specified in
clauses (1) through (4) of this subsection |
(b-5); or
|
(6) on a public way within 1,000 feet of the real |
property comprising any
location specified in clauses (1) |
through (4) of this subsection (b-5).
|
(b-10) Upon imposition of any sentence,
the trial
court |
shall also either order restitution paid to the victim
or |
impose a fine up to $1,000. In addition, any order of probation |
or
conditional discharge entered following a conviction or an |
adjudication of
delinquency shall include a condition that the |
offender perform public or
community service of no less than |
200 hours if that service is established in
the county where |
the offender was convicted of hate crime. In addition, any |
|
order of probation or
conditional discharge entered following a |
conviction or an adjudication of
delinquency shall include a |
condition that the offender enroll in an educational program |
discouraging hate crimes if the offender caused criminal damage
|
to property consisting of religious fixtures, objects, or |
decorations. The educational program may be administered, as |
determined by the court, by a university, college, community |
college, non-profit organization, or the Holocaust and |
Genocide Commission. Nothing in this subsection (b-10) |
prohibits courses discouraging hate crimes from being made |
available online. The court may also
impose any other condition |
of probation or conditional discharge under this
Section.
|
(c) Independent of any criminal prosecution or the result
|
thereof, any
person suffering injury to his person or damage to |
his property as a result
of hate crime may bring a civil action |
for damages, injunction
or other appropriate relief. The court |
may award actual damages, including
damages for emotional |
distress, or punitive damages. A judgment may include
|
attorney's fees and costs. The parents or legal guardians, |
other than
guardians appointed pursuant to the Juvenile Court |
Act or the Juvenile
Court Act of 1987, of an unemancipated |
minor shall be liable for the amount
of any judgment for actual |
damages rendered against such minor under this
subsection (c) |
in any amount not exceeding the amount provided under
Section 5 |
of the Parental Responsibility Law.
|
(d) "Sexual orientation" means heterosexuality, |
|
homosexuality,
or bisexuality.
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; |
revised 9-19-11.)
|
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
|
Sec. 12-7.3. Stalking.
|
(a) A person commits stalking when he or she knowingly |
engages in a course of conduct directed at a specific person, |
and he or she knows or should know that this course of conduct |
would cause a reasonable person to: |
(1) fear for his or her safety or the safety of a third |
person; or |
(2) suffer other emotional distress. |
(a-3) A person commits stalking when he or she, knowingly |
and without
lawful justification, on at least 2 separate |
occasions follows
another person
or places the person under |
surveillance or any combination thereof and:
|
(1) at any time transmits a threat of immediate or |
future bodily harm, sexual
assault, confinement or |
restraint and the threat is directed towards that
person or |
a family member of that
person; or
|
(2) places that person in reasonable apprehension of |
immediate or future
bodily harm, sexual assault, |
confinement or restraint to or of that person or a family |
member of that person.
|
(a-5) A person commits stalking when he or she has |
|
previously been
convicted of stalking another person and |
knowingly and without lawful
justification on one occasion:
|
(1) follows that same person or places that same person |
under
surveillance; and
|
(2) transmits a threat of immediate or future bodily |
harm, sexual
assault, confinement or restraint to that |
person or a family member of that person.
|
(b) Sentence.
Stalking is a Class 4 felony; a second or |
subsequent
conviction is a Class 3 felony.
|
(c) Definitions. For purposes of this Section: |
(1) "Course of conduct" means 2 or more acts, including |
but not limited to acts in which a defendant directly, |
indirectly, or through third parties, by any action, |
method, device, or means follows, monitors, observes, |
surveils, threatens, or communicates to or about, a person, |
engages in other non-consensual contact, or interferes |
with or damages a person's property or pet. A course of |
conduct may include contact via electronic communications. |
(2) "Electronic communication" means any transfer of |
signs, signals, writings, sounds, data, or intelligence of |
any nature transmitted in whole or in part by a wire, |
radio, electromagnetic, photoelectric, or photo-optical |
system. "Electronic communication" includes transmissions |
by a computer through the Internet to another computer. |
(3) "Emotional distress" means significant mental |
suffering, anxiety or alarm. |
|
(4) "Family member" means a parent,
grandparent, |
brother, sister, or child, whether by whole blood, |
half-blood, or
adoption and includes a step-grandparent, |
step-parent, step-brother,
step-sister or step-child. |
"Family member" also means any other person who
regularly |
resides in the household, or who, within the prior 6 |
months,
regularly resided in the household. |
(5) "Follows another person" means (i) to
move in |
relative proximity to a person as that person moves from |
place to place
or (ii) to remain in relative proximity to a |
person who is stationary or whose
movements are confined to |
a small area.
"Follows another person" does not
include a |
following within the residence of the defendant. |
(6) "Non-consensual contact" means any contact with |
the victim that is initiated or continued without the |
victim's consent, including but not limited to being in the |
physical presence of the victim; appearing within the sight |
of the victim; approaching or confronting the victim in a |
public place or on private property; appearing at the |
workplace or residence of the victim; entering onto or |
remaining on property owned, leased, or occupied by the |
victim; or placing an object on, or delivering an object |
to, property owned, leased, or occupied by the victim. |
(7) "Places a person under
surveillance" means: (1) |
remaining present outside the person's school, place of
|
employment, vehicle, other place occupied by the person, or |
|
residence other
than the residence of the defendant; or (2) |
placing an electronic tracking device on the person or the |
person's property. |
(8) "Reasonable person" means a person in the victim's |
situation. |
(9) "Transmits a threat" means a verbal
or
written |
threat or a threat implied by a pattern of conduct or a |
combination of
verbal or written statements or conduct. |
(d) Exemptions. |
(1) This Section does not apply to any individual or |
organization (i) monitoring or attentive to compliance |
with public or worker safety laws, wage and hour |
requirements, or other statutory requirements, or (ii) |
picketing occurring at the workplace that is otherwise |
lawful and arises out of a bona fide labor dispute, |
including any controversy concerning wages, salaries, |
hours, working conditions or benefits, including health |
and welfare, sick leave, insurance, and pension or |
retirement provisions, the making or maintaining of |
collective bargaining agreements, and the terms to be |
included in those agreements. |
(2) This Section does not apply to an exercise of the |
right to free speech or assembly that is otherwise lawful. |
(3) Telecommunications carriers, commercial mobile |
service providers, and providers of information services, |
including, but not limited to, Internet service providers |
|
and hosting service providers, are not liable under this |
Section, except for willful and wanton misconduct, by |
virtue of the transmission, storage, or caching of |
electronic communications or messages of others or by |
virtue of the provision of other related |
telecommunications, commercial mobile services, or |
information services used by others in violation of this |
Section. |
(d-5) The incarceration of a person in a penal institution |
who commits the course of conduct or transmits a
threat is not |
a bar to prosecution under this Section.
|
(d-10) A defendant who directed the actions of a third |
party to violate this Section, under the principles of |
accountability set forth in Article 5 of this Code, is guilty |
of violating this Section as if the same had been personally |
done by the defendant, without regard to the mental state of |
the third party acting at the direction of the defendant. |
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; |
97-311, eff. 8-11-11; revised 9-19-11.)
|
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
|
Sec. 12-7.4. Aggravated stalking.
|
(a) A person commits
aggravated stalking when he or she |
commits stalking and:
|
(1) causes bodily harm to the victim;
|
(2) confines or restrains the victim; or
|
|
(3) violates a temporary
restraining order, an order of |
protection, a stalking no contact order, a civil no contact |
order, or an injunction
prohibiting the behavior described |
in
subsection (b)(1) of Section 214 of the Illinois |
Domestic Violence Act of 1986.
|
(a-1) A person commits
aggravated stalking when he or she |
is required to register under the Sex Offender Registration Act |
or has been previously required to register under that Act and |
commits the offense of stalking when the victim of the stalking |
is also the victim of the offense for which the sex offender is |
required to register under the Sex Offender Registration Act or |
a family member of the victim. |
(b) Sentence. Aggravated stalking is a Class 3 felony; a |
second or
subsequent conviction is a Class 2
felony.
|
(c) Exemptions. |
(1) This Section does not apply to any individual or |
organization (i) monitoring or attentive to compliance |
with public or worker safety laws, wage and hour |
requirements, or other statutory requirements, or (ii) |
picketing occurring at the
workplace that is otherwise |
lawful and arises out of a bona fide labor
dispute |
including any controversy concerning wages, salaries, |
hours, working conditions or benefits, including health |
and welfare, sick leave, insurance, and pension or |
retirement provisions, the managing or maintenance of |
collective bargaining agreements, and the terms to be |
|
included in those agreements. |
(2) This Section does not apply to an exercise of the |
right of free speech or assembly that is
otherwise lawful.
|
(3) Telecommunications carriers, commercial mobile |
service providers, and providers of information services, |
including, but not limited to, Internet service providers |
and hosting service providers, are not liable under this |
Section, except for willful and wanton misconduct, by |
virtue of the transmission, storage, or caching of |
electronic communications or messages of others or by |
virtue of the provision of other related |
telecommunications, commercial mobile services, or |
information services used by others in violation of this |
Section.
|
(d) A defendant who directed the actions of a third party |
to violate this Section, under the principles of accountability |
set forth in Article 5 of this Code, is guilty of violating |
this Section as if the same had been personally done by the |
defendant, without regard to the mental state of the third |
party acting at the direction of the defendant. |
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; |
97-311, eff. 8-11-11; 97-468, eff. 1-1-12; revised 9-12-11.)
|
(720 ILCS 5/12-7.5)
|
Sec. 12-7.5. Cyberstalking.
|
(a) A person commits cyberstalking when he or she engages |
|
in a course of conduct using electronic communication directed |
at a specific person, and he or she knows or should know that |
would cause a reasonable person to: |
(1) fear for his or her safety or the safety of a third |
person; or |
(2) suffer other emotional distress. |
(a-3) A person commits cyberstalking when he or she, |
knowingly and without
lawful justification, on at least 2 |
separate occasions, harasses another person
through the use of |
electronic communication and:
|
(1) at any time transmits a threat of immediate or |
future bodily harm,
sexual assault, confinement, or |
restraint and the threat is directed towards
that person or |
a family member of that person; or
|
(2) places that person or a family member of that |
person in reasonable
apprehension of immediate or future |
bodily harm, sexual assault, confinement,
or restraint; or
|
(3) at any time knowingly solicits the commission of an |
act by any person which would be a violation of this Code |
directed towards that person or a family member of that |
person. |
(a-5) A person commits cyberstalking when he or she, |
knowingly and without lawful justification, creates and |
maintains an Internet website or webpage which is accessible to |
one or more third parties for a period of at least 24 hours, |
and which contains statements harassing another person and: |
|
(1) which communicates a threat of immediate or future |
bodily harm, sexual assault, confinement, or restraint, |
where the threat is directed towards that person or a |
family member of that person, or |
(2) which places that person or a family member of that |
person in reasonable apprehension of immediate or future |
bodily harm, sexual assault, confinement, or restraint, or |
(3) which knowingly solicits the commission of an act |
by any person which would be a violation of this Code |
directed towards that person or a family member of that |
person.
|
(b) Sentence. Cyberstalking is a Class 4 felony; a second |
or subsequent
conviction is a Class 3 felony.
|
(c) For purposes of this Section: |
(1) "Course of conduct" means 2 or more acts, including |
but not limited to acts in which a defendant directly, |
indirectly, or through third parties, by any action, |
method, device, or means follows, monitors, observes, |
surveils, threatens, or communicates to or about, a person, |
engages in other non-consensual contact, or interferes |
with or damages a person's property or pet. The |
incarceration in a penal institution of a person who |
commits the course of conduct is not a bar to prosecution |
under this Section. |
(2) "Electronic communication" means any transfer of |
signs, signals, writings, sounds, data, or intelligence of |
|
any nature transmitted in whole or in part by a wire, |
radio, electromagnetic, photoelectric, or photo-optical |
system. "Electronic communication" includes transmissions |
through an electronic device including, but not limited to, |
a telephone, cellular phone, computer, or pager, which |
communication includes, but is not limited to, e-mail, |
instant message, text message, or voice mail. |
(3) "Emotional distress" means significant mental |
suffering, anxiety or alarm. |
(4) "Harass"
means to engage in a knowing and willful |
course of conduct directed at a
specific person
that |
alarms, torments, or terrorizes that person. |
(5) "Non-consensual contact" means any contact with |
the victim that is initiated or continued without the |
victim's consent, including but not limited to being in the |
physical presence of the victim; appearing within the sight |
of the victim; approaching or confronting the victim in a |
public place or on private property; appearing at the |
workplace or residence of the victim; entering onto or |
remaining on property owned, leased, or occupied by the |
victim; or placing an object on, or delivering an object |
to, property owned, leased, or occupied by the victim. |
(6) "Reasonable person" means a person in the victim's |
circumstances, with the victim's knowledge of the |
defendant and the defendant's prior acts. |
(7) "Third party" means any person other than the |
|
person violating these provisions and the person or persons |
towards whom the violator's actions are directed. |
(d) Telecommunications carriers, commercial mobile service |
providers, and providers of information services, including, |
but not limited to, Internet service providers and hosting |
service providers, are not liable under this Section, except |
for willful and wanton misconduct, by virtue of the |
transmission, storage, or caching of electronic communications |
or messages of others or by virtue of the provision of other |
related telecommunications, commercial mobile services, or |
information services used by others in violation of this |
Section. |
(e) A defendant who directed the actions of a third party |
to violate this Section, under the principles of accountability |
set forth in Article 5 of this Code, is guilty of violating |
this Section as if the same had been personally done by the |
defendant, without regard to the mental state of the third |
party acting at the direction of the defendant. |
(Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff. |
8-11-11; 97-311, eff. 8-11-11; revised 9-12-11.)
|
(720 ILCS 5/16-0.1) |
Sec. 16-0.1. Definitions. In this Article, unless the |
context clearly requires otherwise, the following terms are |
defined as indicated: |
|
"Access" means to use, instruct, communicate with, store |
data in, retrieve or intercept data from, or otherwise utilize |
any services of a computer. |
"Coin-operated machine" includes any automatic vending |
machine or any part thereof, parking meter, coin telephone, |
coin-operated transit turnstile, transit fare box, coin |
laundry machine, coin dry cleaning machine, amusement machine, |
music machine, vending machine dispensing goods or services, or |
money changer. |
"Communication device" means any type of instrument, |
device, machine, or equipment which is capable of transmitting, |
acquiring, decrypting, or receiving any telephonic, |
electronic, data, Internet access, audio, video, microwave, or |
radio transmissions, signals, communications, or services, |
including the receipt, acquisition, transmission, or |
decryption of all such communications, transmissions, signals, |
or services provided by or through any cable television, fiber |
optic, telephone, satellite, microwave, radio, Internet-based, |
data transmission, or wireless distribution network, system or |
facility; or any part, accessory, or component thereof, |
including any computer circuit, security module, smart card, |
software, computer chip, electronic mechanism or other |
component, accessory or part of any communication device which |
is capable of facilitating the transmission, decryption, |
acquisition or reception of all such communications, |
transmissions, signals, or services. |
|
"Communication service" means any service lawfully |
provided for a charge or compensation to facilitate the lawful |
origination, transmission, emission, or reception of signs, |
signals, data, writings, images, and sounds or intelligence of |
any nature by telephone, including cellular telephones or a |
wire, wireless, radio, electromagnetic, photo-electronic or |
photo-optical system; and also any service lawfully provided by |
any radio, telephone, cable television, fiber optic, |
satellite, microwave, Internet-based or wireless distribution |
network, system, facility or technology, including, but not |
limited to, any and all electronic, data, video, audio, |
Internet access, telephonic, microwave and radio |
communications, transmissions, signals and services, and any |
such communications, transmissions, signals and services |
lawfully provided directly or indirectly by or through any of |
those networks, systems, facilities or technologies. |
"Communication service provider" means: (1) any person or |
entity providing any communication service, whether directly |
or indirectly, as a reseller, including, but not limited to, a |
cellular, paging or other wireless communications company or |
other person or entity which, for a fee, supplies the facility, |
cell site, mobile telephone switching office or other equipment |
or communication service; (2) any person or entity owning or |
operating any cable television, fiber optic, satellite, |
telephone, wireless, microwave, radio, data transmission or |
Internet-based distribution network, system or facility; and |
|
(3) any person or entity providing any communication service |
directly or indirectly by or through any such distribution |
system, network or facility. |
"Computer" means a device that accepts, processes, stores, |
retrieves or outputs data, and includes but is not limited to |
auxiliary storage and telecommunications devices connected to |
computers. |
"Continuing
course of conduct" means a series of acts, and |
the accompanying
mental state necessary for the crime in |
question, irrespective
of whether the series of acts are |
continuous or intermittent. |
"Delivery container" means any bakery basket of wire or |
plastic used to transport or store bread or bakery products, |
any dairy case of wire or plastic used to transport or store |
dairy products, and any dolly or cart of 2 or 4 wheels used to |
transport or store any bakery or dairy product. |
"Document-making implement" means any implement, |
impression, template, computer file, computer disc, electronic |
device, computer hardware, computer software, instrument, or |
device that is used to make a real or fictitious or fraudulent |
personal identification document. |
"Financial transaction device" means any of the following: |
(1) An electronic funds transfer card. |
(2) A credit card. |
(3) A debit card. |
(4) A point-of-sale card. |
|
(5) Any instrument, device, card, plate, code, account |
number, personal identification number, or a record or copy |
of a code, account number, or personal identification |
number or other means of access to a credit account or |
deposit account, or a driver's license or State |
identification card used to access a proprietary account, |
other than access originated solely by a paper instrument, |
that can be used alone or in conjunction with another |
access device, for any of the following purposes: |
(A) Obtaining money, cash refund or credit |
account, credit, goods, services, or any other thing of |
value. |
(B) Certifying or guaranteeing to a person or |
business the availability to the device holder of funds |
on deposit to honor a draft or check payable to the |
order of that person or business. |
(C) Providing the device holder access to a deposit |
account for the purpose of making deposits, |
withdrawing funds, transferring funds between deposit |
accounts, obtaining information pertaining to a |
deposit account, or making an electronic funds |
transfer. |
"Full retail value" means the merchant's stated or |
advertised price of the merchandise. "Full
retail value" |
includes the aggregate value of property obtained
from retail |
thefts committed by the same person as part of a
continuing |
|
course of conduct from one or more mercantile
establishments in |
a single transaction or in separate
transactions over a period |
of one year. |
"Internet" means an interactive computer service or system |
or an information service, system, or access software provider |
that provides or enables computer access by multiple users to a |
computer server, and includes, but is not limited to, an |
information service, system, or access software provider that |
provides access to a network system commonly known as the |
Internet, or any comparable system or service and also |
includes, but is not limited to, a World Wide Web page, |
newsgroup, message board, mailing list, or chat area on any |
interactive computer service or system or other online service. |
"Library card" means a card or plate issued by a library |
facility for purposes of identifying the person to whom the |
library card was issued as authorized to borrow library |
material, subject to all limitations and conditions imposed on |
the borrowing by the library facility issuing such card. |
"Library facility" includes any public library or museum, |
or any library or museum of an educational, historical or |
eleemosynary institution, organization or society. |
"Library material" includes any book, plate, picture, |
photograph, engraving, painting, sculpture, statue, artifact, |
drawing, map, newspaper, pamphlet, broadside, magazine, |
manuscript, document, letter, microfilm, sound recording, |
audiovisual material, magnetic or other tape, electronic data |
|
processing record or other documentary, written or printed |
material regardless of physical form or characteristics, or any |
part thereof, belonging to, or on loan to or otherwise in the |
custody of a library facility. |
"Manufacture or assembly of an unlawful access device" |
means to make, produce or assemble an unlawful access device or |
to modify, alter, program or re-program any instrument, device, |
machine, equipment or software so that it is capable of |
defeating or circumventing any technology, device or software |
used by the provider, owner or licensee of a communication |
service or of any data, audio or video programs or |
transmissions to protect any such communication, data, audio or |
video services, programs or transmissions from unauthorized |
access, acquisition, disclosure, receipt, decryption, |
communication, transmission or re-transmission. |
"Manufacture or assembly of an unlawful communication |
device" means to make, produce or assemble an unlawful |
communication or wireless device or to modify, alter, program |
or reprogram a communication or wireless device to be capable |
of acquiring, disrupting, receiving, transmitting, decrypting, |
or facilitating the acquisition, disruption, receipt, |
transmission or decryption of, a communication service without |
the express consent or express authorization of the |
communication service provider, or to knowingly assist others |
in those activities. |
"Master sound recording" means the original physical |
|
object on which a given set of sounds were first recorded and |
which the original object from which all subsequent sound |
recordings embodying the same set of sounds are directly or |
indirectly derived. |
"Merchandise" means any item of tangible personal |
property, including motor fuel. |
"Merchant" means an owner or operator of any retail |
mercantile establishment or any agent, employee, lessee, |
consignee, officer, director, franchisee, or independent |
contractor of the owner or operator. "Merchant" also means a |
person who receives from an authorized user of a payment card, |
or someone the person believes to be an authorized user, a |
payment card or information from a payment card, or what the |
person believes to be a payment card or information from a |
payment card, as the instrument for obtaining, purchasing or |
receiving goods, services, money, or anything else of value |
from the person. |
"Motor fuel" means a liquid, regardless of its properties, |
used to propel a vehicle, including gasoline and diesel. |
"Online" means the use of any electronic or wireless device |
to access the Internet. |
"Payment card" means a credit card, charge card, debit |
card, or any other card that is issued to an authorized card |
user and that allows the user to obtain, purchase, or receive |
goods, services, money, or anything else of value from a |
merchant. |
|
"Person with a disability" means a person who
suffers from |
a physical or mental impairment resulting from
disease, injury, |
functional disorder or congenital condition that impairs the
|
individual's mental or physical ability to independently |
manage his or her
property or financial resources, or both. |
"Personal identification document" means a birth |
certificate, a driver's license, a State identification card, a |
public, government, or private employment identification card, |
a social security card, a firearm owner's identification card, |
a credit card, a debit card, or a passport issued to or on |
behalf of a person other than the offender, or any document |
made or issued, or falsely purported to have been made or |
issued, by or under the authority of the United States |
Government, the State of Illinois, or any other state political |
subdivision of any state, or any other governmental or |
quasi-governmental organization that is of a type intended for |
the purpose of identification of an individual, or any such |
document made or altered in a manner that it falsely purports |
to have been made on behalf of or issued to another person or |
by the authority of one who did not give that authority. |
"Personal identifying information" means any of the |
following information: |
(1) A person's name. |
(2) A person's address. |
(3) A person's date of birth. |
(4) A person's telephone number. |
|
(5) A person's driver's license number or State of |
Illinois identification card as assigned by the Secretary |
of State of the State of Illinois or a similar agency of |
another state. |
(6) A person's social security number. |
(7) A person's public, private, or government |
employer, place of employment, or employment |
identification number. |
(8) The maiden name of a person's mother. |
(9) The number assigned to a person's depository |
account, savings account, or brokerage account. |
(10) The number assigned to a person's credit or debit |
card, commonly known as a "Visa Card", "MasterCard", |
"American Express Card", "Discover Card", or other similar |
cards whether issued by a financial institution, |
corporation, or business entity. |
(11) Personal identification numbers. |
(12) Electronic identification numbers. |
(13) Digital signals. |
(14) User names, passwords, and any other word, number, |
character or combination of the same usable in whole or |
part to access information relating to a specific |
individual, or to the actions taken, communications made or |
received, or other activities or transactions of a specific |
individual. |
(15) Any other numbers or information which can be used |
|
to access a person's financial resources, or to identify a |
specific individual, or the actions taken, communications |
made or received, or other activities or transactions of a |
specific individual. |
"Premises of a retail mercantile establishment" includes, |
but is not limited to, the retail mercantile establishment; any |
common use areas in shopping centers; and all parking areas set |
aside by a merchant or on behalf of a merchant for the parking |
of vehicles for the convenience of the patrons of such retail |
mercantile establishment. |
"Public water, gas, or power supply, or other public |
services" mean any service subject to regulation by the |
Illinois Commerce Commission; any service furnished by a public |
utility that is owned and operated by any political |
subdivision, public institution of higher education or |
municipal corporation of this State; any service furnished by |
any public utility that is owned by such political subdivision, |
public institution of higher education, or municipal |
corporation and operated by any of its lessees or operating |
agents; any service furnished by an electric cooperative as |
defined in Section 3.4 of the Electric Supplier Act; or |
wireless service or other service regulated by the Federal |
Communications Commission. |
"Publish" means to communicate or disseminate information |
to any one or more persons, either orally, in person, or by |
telephone, radio or television or in writing of any kind, |
|
including, without limitation, a letter or memorandum, |
circular or handbill, newspaper or magazine article or book. |
"Radio frequency identification device" means any |
implement, computer file, computer disc, electronic device, |
computer hardware, computer software, or instrument that is |
used to activate, read, receive, or decode information stored |
on a RFID tag or transponder attached to a personal |
identification document. |
"RFID tag or transponder" means a chip or device that |
contains personal identifying information from which the |
personal identifying information can be read or decoded by |
another device emitting a radio frequency that activates or |
powers a radio frequency emission response from the chip or |
transponder. |
"Reencoder" means an electronic device that places encoded |
information from the magnetic strip or stripe of a payment card |
onto the magnetic strip or stripe of a different payment card. |
"Retail mercantile establishment" means any place where |
merchandise is displayed, held, stored or offered for sale to |
the public. |
"Scanning device" means a scanner, reader, or any other |
electronic device that is used to access, read, scan, obtain, |
memorize, or store, temporarily or permanently, information |
encoded on the magnetic strip or stripe of a payment card. |
"Shopping cart" means those push carts of the type or types |
which are commonly provided by grocery stores, drug stores or |
|
other retail mercantile establishments for the use of the |
public in transporting commodities in stores and markets and, |
incidentally, from the stores to a place outside the store. |
"Sound or audio visual recording" means any sound or audio |
visual phonograph record, disc, pre-recorded tape, film, wire, |
magnetic tape or other object, device or medium, now known or |
hereafter invented, by which sounds or images may be reproduced |
with or without the use of any additional machine, equipment or |
device. |
"Theft detection device remover" means any tool or device |
specifically designed and intended to be used to remove any |
theft detection device from any merchandise. |
"Under-ring" means to cause the cash register or other |
sales recording device to reflect less than the full retail |
value of the merchandise. |
"Unidentified sound or audio visual recording" means a |
sound or audio visual recording without the actual name and |
full and correct street address of the manufacturer, and the |
name of the actual performers or groups prominently and legibly |
printed on the outside cover or jacket and on the label of such |
sound or audio visual recording. |
"Unlawful access device" means any type of instrument, |
device, machine, equipment, technology, or software which is |
primarily possessed, used, designed, assembled, manufactured, |
sold, distributed or offered, promoted or advertised for the |
purpose of defeating or circumventing any technology, device or |
|
software, or any component or part thereof, used by the |
provider, owner or licensee of any communication service or of |
any data, audio or video programs or transmissions to protect |
any such communication, audio or video services, programs or |
transmissions from unauthorized access, acquisition, receipt, |
decryption, disclosure, communication, transmission or |
re-transmission. |
"Unlawful communication device" means any electronic |
serial number, mobile identification number, personal |
identification number or any communication or wireless device |
that is capable of acquiring or facilitating the acquisition of |
a communication service without the express consent or express |
authorization of the communication service provider, or that |
has been altered, modified, programmed or reprogrammed, alone |
or in conjunction with another communication or wireless device |
or other equipment, to so acquire or facilitate the |
unauthorized acquisition of a communication service. "Unlawful |
communication device" also means: |
(1) any phone altered to obtain service without the |
express consent or express authorization of the |
communication service provider, tumbler phone, counterfeit |
or clone phone, tumbler microchip, counterfeit or clone |
microchip, scanning receiver of wireless communication |
service or other instrument capable of disguising its |
identity or location or of gaining unauthorized access to a |
communications or wireless system operated by a |
|
communication service provider; and |
(2) any communication or wireless device which is |
capable of, or has been altered, designed, modified, |
programmed or reprogrammed, alone or in conjunction with |
another communication or wireless device or devices, so as |
to be capable of, facilitating the disruption, |
acquisition, receipt, transmission or decryption of a |
communication service without the express consent or |
express authorization of the communication service |
provider, including, but not limited to, any device, |
technology, product, service, equipment, computer software |
or component or part thereof, primarily distributed, sold, |
designed, assembled, manufactured, modified, programmed, |
reprogrammed or used for the purpose of providing the |
unauthorized receipt of, transmission of, disruption of, |
decryption of, access to or acquisition of any |
communication service provided by any communication |
service provider. |
"Vehicle" means a motor vehicle, motorcycle, or farm |
implement that is self-propelled and that uses motor fuel for |
propulsion. |
"Wireless device" includes any type of instrument, device, |
machine, or
equipment that is capable of transmitting or |
receiving telephonic, electronic
or
radio communications, or |
any part of such instrument, device, machine, or
equipment, or |
any computer circuit, computer chip, electronic mechanism, or
|
|
other component that is capable of facilitating the |
transmission or reception
of telephonic, electronic, or radio |
communications.
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. |
1-1-12; revised 9-21-11.)
|
(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
|
Sec. 16-7. Unlawful use of recorded sounds or images.
|
(a) A person commits unlawful use of recorded sounds or |
images when he or she knowingly or recklessly:
|
(1) transfers
or causes to be transferred without the |
consent of the owner, any
sounds or images recorded on any |
sound or audio visual recording
with the intent of selling |
or causing to be sold, or using or causing to
be used for |
profit the article to which such sounds or recordings of |
sound
are transferred;
|
(2) sells,
offers for sale, advertises for sale, uses |
or causes to be used
for profit any such article described |
in subdivision (a)(1)
without consent of the owner;
|
(3) offers or
makes available for a fee, rental or any |
other form of compensation,
directly or indirectly, any |
equipment or machinery for the
purpose of use by another to |
reproduce or transfer, without the
consent of the owner, |
any sounds or images recorded on any sound or
audio visual |
recording to another sound or audio visual recording or for
|
the purpose of use by another to manufacture any sound or |
|
audio visual
recording in violation of subsection (b); or
|
(4) transfers or causes to be
transferred without the |
consent of the owner, any live performance with the intent
|
of selling or causing to be sold, or using or causing to be |
used
for profit the sound or audio visual recording to |
which the performance
is transferred.
|
(b) A person commits unlawful use of unidentified sound or |
audio visual recordings when he or she knowingly, recklessly, |
or negligently for profit manufacturers, sells, distributes, |
vends, circulates, performs, leases, possesses, or otherwise |
deals in and with unidentified sound or audio visual recordings |
or causes the manufacture, sale, distribution, vending, |
circulation, performance, lease, or other dealing in and with |
unidentified sound or audio visual recordings. |
(c) For the purposes of this Section, "owner" means the |
person who owns the master sound recording on
which sound is |
recorded and from which the transferred recorded sounds are
|
directly or indirectly derived, or the person who owns the |
rights to record
or authorize the recording of a live |
performance. |
For the purposes of this Section, "manufacturer" means the |
person who actually makes or causes to be made a sound or audio |
visual recording. "Manufacturer" does not include a person who |
manufactures the medium upon which sounds or visual images can |
be recorded or stored, or who manufactures the cartridge or |
casing itself.
|
|
(d) Sentence. Unlawful use of recorded sounds or images or |
unidentified sound or audio visual recordings is a Class
4 |
felony; however:
|
(1) If the offense involves more than 100 but not |
exceeding 1000
unidentified sound recordings or more than 7 |
but not exceeding 65
unidentified audio visual recordings |
during any 180 day period the
authorized fine is up to |
$100,000; and
|
(2) If the offense involves more than 1,000 |
unidentified sound
recordings or more than 65 unidentified |
audio visual recordings during any
180 day period the |
authorized fine is up to $250,000.
|
(e) Upon conviction of any violation of subsection (b), the |
offender shall be sentenced to make restitution to any owner or |
lawful producer of a master sound or audio visual recording, or |
to the trade association representing such owner or lawful |
producer, that has suffered injury resulting from the crime. |
The order of restitution shall be based on the aggregate |
wholesale value of lawfully manufactured and authorized sound |
or audio visual recordings corresponding to the non-conforming |
recorded devices involved in the offense, and shall include |
investigative costs relating to the offense. |
(f) Subsection (a) of this Section shall neither enlarge |
nor diminish the rights
of parties in private litigation.
|
(g) Subsection (a) of this Section does not apply to any |
person engaged in the business
of radio or television |
|
broadcasting who transfers, or causes to be
transferred, any |
sounds (other than from the sound track of a
motion picture) |
solely for the purpose of broadcast transmission.
|
(h) Each individual manufacture, distribution or sale
or |
transfer for a consideration of such recorded devices in
|
contravention of subsection (a) of this Section constitutes
a |
separate violation of this Section. Each individual |
manufacture, sale, distribution, vending, circulation, |
performance, lease, possession, or other dealing in and with an |
unidentified sound or audio visual recording under subsection |
(b) of this Section constitutes a separate violation of this |
Section.
|
(i) Any sound or audio visual recordings containing |
transferred
sounds or a performance whose transfer was not |
authorized by the owner of
the master sound recording or |
performance, or any unidentified sound or audio visual |
recording used, in violation of this Section, or
in the attempt |
to commit such violation as defined in Section 8-4, or in a |
conspiracy to commit such violation as defined in Section 8-2, |
or in a
solicitation to commit such offense as defined in |
Section 8-1, may be
confiscated and destroyed upon conclusion |
of the case or cases to which
they are relevant, except that |
the court may enter an order preserving them
as evidence for |
use in other cases or pending the final determination of
an |
appeal.
|
(j) It is an affirmative defense to any charge of unlawful |
|
use of
recorded sounds or images that the recorded sounds or |
images so used are
public domain material. For purposes of this |
Section, recorded sounds are
deemed to be in the public domain |
if the recorded sounds were copyrighted
pursuant to the |
copyright laws of the United States, as the same may be
amended |
from time to time, and the term of the copyright and any |
extensions
or renewals thereof has expired.
|
(k) (j) With respect to sound recordings (other than |
accompanying a motion picture or other audiovisual work), this |
Section applies only to sound recordings that were initially |
recorded before February 15, 1972. |
(Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; revised |
9-12-11.)
|
(720 ILCS 5/16-30) |
Sec. 16-30. Identity theft; aggravated identity theft.
|
(a) A person commits identity theft when he or
she
|
knowingly:
|
(1) uses any personal
identifying information or |
personal identification document of another
person to |
fraudulently obtain credit, money, goods, services, or |
other
property; or
|
(2) uses any personal identification information or |
personal
identification document of another with intent to |
commit any felony not set forth in
paragraph (1) of this |
subsection (a); or
|
|
(3) obtains, records, possesses, sells, transfers, |
purchases, or
manufactures any personal identification |
information or personal
identification document of another |
with intent to commit any felony; or
|
(4) uses, obtains, records, possesses, sells, |
transfers, purchases,
or manufactures any personal |
identification information or
personal identification |
document of another knowing that such
personal |
identification information or personal identification
|
documents were stolen or produced without lawful |
authority; or
|
(5) uses, transfers, or possesses document-making |
implements to
produce false identification or false |
documents with knowledge that
they will be used by the |
person or another to commit any felony; or
|
(6) uses any personal identification information or |
personal identification document of another to portray |
himself or herself as that person, or otherwise, for the |
purpose of gaining access to any personal identification |
information or personal identification document of that |
person, without the prior express permission of that |
person; or |
(7) uses any personal identification information or |
personal identification document of another for the |
purpose of gaining access to any record of the actions |
taken, communications made or received, or other |
|
activities or transactions of that person, without the |
prior express permission of that person; or
|
(7.5) uses, possesses, or transfers a radio frequency |
identification device capable of obtaining or processing |
personal identifying information from a radio frequency |
identification (RFID) tag or transponder with knowledge |
that the device will be used by the person or another to |
commit a felony violation of State law or any violation of |
this Article; or |
(8) in the course of applying for a building permit |
with a unit of local government, provides the license |
number of a roofing or fire sprinkler contractor whom he or |
she does not intend to have perform the work on the roofing |
or fire sprinkler portion of the project; it is an |
affirmative defense to prosecution under this paragraph |
(8) that the building permit applicant promptly informed |
the unit of local government that issued the building |
permit of any change in the roofing or fire sprinkler |
contractor. |
(b) Aggravated identity theft. A person commits aggravated |
identity theft when he or she commits identity theft as set |
forth in subsection (a) of this Section: |
(1) against a person 60 years of age or older or a |
person with a disability; or |
(2) in furtherance of the activities of an organized |
gang. |
|
A defense to aggravated identity theft does not exist |
merely because the accused reasonably believed the victim to be |
a person less than 60 years of age. For the purposes of this |
subsection, "organized gang" has the meaning ascribed in |
Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act. |
(c) Knowledge shall be determined by an evaluation of all |
circumstances
surrounding the use of the other
person's |
identifying information or document.
|
(d) When a charge of identity theft or aggravated identity |
theft of credit, money, goods,
services, or other property
|
exceeding a specified value is brought, the value of the |
credit, money, goods,
services, or other property is
an element |
of the offense to be resolved by the trier of fact as either
|
exceeding or not exceeding the
specified value.
|
(e) Sentence.
|
(1) Identity theft. |
(A) A person convicted of identity theft in |
violation of paragraph (1)
of subsection (a) shall be |
sentenced as follows:
|
(i) Identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
|
value is a Class 4 felony. A person who has been |
previously convicted of
identity theft of
less |
than $300 who is convicted of a second or |
subsequent offense of
identity theft of less than
|
|
$300 is guilty of a Class 3 felony. A person who |
has been convicted of identity
theft of less than
|
$300 who has been previously convicted of any type |
of theft, robbery, armed
robbery, burglary, |
residential
burglary, possession of burglary |
tools, home invasion, home repair fraud,
|
aggravated home repair fraud, or
financial |
exploitation of an elderly or disabled person is |
guilty of a Class 3
felony. Identity theft of |
credit, money, goods, services, or
other
property |
not exceeding $300 in
value when the victim of the |
identity theft is an active duty member of the |
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is a Class 3 felony. A person who |
has been previously convicted of
identity theft of
|
less than $300 who is convicted of a second or |
subsequent offense of
identity theft of less than
|
$300 when the victim of the identity theft is an |
active duty member of the Armed Services or Reserve |
Forces of the United States or of the Illinois |
National Guard serving in a foreign country is |
guilty of a Class 2 felony. A person who has been |
convicted of identity
theft of less than
$300 when |
the victim of the identity theft is an active duty |
member of the Armed Services or Reserve Forces of |
|
the United States or of the Illinois National Guard |
serving in a foreign country who has been |
previously convicted of any type of theft, |
robbery, armed
robbery, burglary, residential
|
burglary, possession of burglary tools, home |
invasion, home repair fraud,
aggravated home |
repair fraud, or
financial exploitation of an |
elderly or disabled person is guilty of a Class 2
|
felony.
|
(ii) Identity theft of credit, money, goods,
|
services, or other
property exceeding $300 and not
|
exceeding $2,000 in value is a Class 3 felony. |
Identity theft of credit, money, goods,
services, |
or other
property exceeding $300 and not
exceeding |
$2,000 in value when the victim of the identity |
theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or |
of the Illinois National Guard serving in a foreign |
country is a Class 2 felony.
|
(iii) Identity theft of credit, money, goods,
|
services, or other
property exceeding $2,000 and |
not
exceeding $10,000 in value is a Class 2 felony. |
Identity theft of credit, money, goods,
services, |
or other
property exceeding $2,000 and not
|
exceeding $10,000 in value when the victim of the |
identity theft is an active duty member of the |
|
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is a Class 1 felony.
|
(iv) Identity theft of credit, money, goods,
|
services, or other
property exceeding $10,000 and
|
not exceeding $100,000 in value is a Class 1 |
felony. Identity theft of credit, money, goods,
|
services, or other
property exceeding $10,000 and
|
not exceeding $100,000 in value when the victim of |
the identity theft is an active duty member of the |
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is a Class X felony.
|
(v) Identity theft of credit, money, goods,
|
services, or
other property exceeding $100,000 in
|
value is a Class X felony.
|
(B) A person convicted of any offense enumerated in |
paragraphs
(2) through (7.5) (7) of subsection (a) is |
guilty of a Class 3 felony. A person convicted of any |
offense enumerated in paragraphs
(2) through (7.5) (7) |
of subsection (a) when the victim of the identity theft |
is an active duty member of the Armed Services or |
Reserve Forces of the United States or of the Illinois |
National Guard serving in a foreign country is guilty |
of a Class 2 felony.
|
(C) A person convicted of any offense enumerated in |
|
paragraphs
(2) through (5) and (7.5) of subsection (a) |
a second or subsequent time is
guilty of a Class 2 |
felony. A person convicted of any offense enumerated in |
paragraphs
(2) through (5) and (7.5) of subsection (a) |
a second or subsequent time when the victim of the |
identity theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or of |
the Illinois National Guard serving in a foreign |
country is
guilty of a Class 1 felony.
|
(D) A person who, within a 12-month period, is |
found in violation
of any offense enumerated in |
paragraphs (2) through (7.5) (7) of
subsection (a) with |
respect to the identifiers of, or other information |
relating to, 3 or more
separate individuals, at the |
same time or consecutively, is guilty
of a Class 2 |
felony. A person who, within a 12-month period, is |
found in violation
of any offense enumerated in |
paragraphs (2) through (7.5) (7) of
subsection (a) with |
respect to the identifiers of, or other information |
relating to, 3 or more
separate individuals, at the |
same time or consecutively, when the victim of the |
identity theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or of |
the Illinois National Guard serving in a foreign |
country is guilty
of a Class 1 felony.
|
(E) A person convicted of identity theft in |
|
violation of paragraph (2) of subsection (a) who uses |
any personal identification information or personal
|
identification document of another to purchase |
methamphetamine manufacturing material as defined in |
Section 10 of the Methamphetamine Control and |
Community Protection Act with the intent to unlawfully |
manufacture methamphetamine is guilty of a Class 2 |
felony for a first offense and a Class 1 felony for a |
second or subsequent offense.
A person convicted of |
identity theft in violation of paragraph (2) of |
subsection (a) who uses any personal identification |
information or personal
identification document of |
another to purchase methamphetamine manufacturing |
material as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act |
with the intent to unlawfully manufacture |
methamphetamine when the victim of the identity theft |
is an active duty member of the Armed Services or |
Reserve Forces of the United States or of the Illinois |
National Guard serving in a foreign country is guilty |
of a Class 1 felony for a first offense and a Class X |
felony for a second or subsequent offense.
|
(F) A person convicted of identity theft in |
violation of paragraph (8) of subsection (a) of this |
Section is guilty of a Class 4 felony. |
(2) Aggravated identity theft. |
|
(A) Aggravated identity theft of credit, money, |
goods, services, or other property not exceeding $300 |
in value is a Class 3 felony. |
(B) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $300 and |
not exceeding $10,000 in value is a Class 2 felony. |
(C) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $10,000 |
in value and not exceeding $100,000 in value is a Class |
1 felony. |
(D) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $100,000 |
in value is a Class X felony. |
(E) Aggravated identity theft for a violation of |
any offense enumerated in paragraphs (2) through (7.5) |
(7) of subsection (a) of this Section is a Class 2 |
felony. |
(F) Aggravated identity theft when a person who, |
within a 12-month period, is found in violation of any |
offense enumerated in paragraphs (2) through (7.5) (7) |
of subsection (a) of this Section with identifiers of, |
or other information relating to, 3 or more separate |
individuals, at the same time or consecutively, is a |
Class 1 felony. |
(G) A person who has been previously convicted of |
aggravated identity theft regardless of the value of |
|
the property involved who is convicted of a second or |
subsequent offense of aggravated identity theft |
regardless of the value of the property involved is |
guilty of a Class X felony.
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff. |
8-12-11, and 97-388, eff. 1-1-12; revised 9-21-11.)
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
|
Sec. 17-2. False personation; solicitation. |
(a) False personation; solicitation. |
(1) A person commits a false personation when he or she |
knowingly and falsely represents
himself or herself to be a |
member or representative of any
veterans' or public safety |
personnel organization
or a representative of
any |
charitable organization, or when he or she knowingly |
exhibits or uses in any manner
any decal, badge or insignia |
of any
charitable, public safety personnel, or veterans' |
organization
when not authorized to
do so by the
|
charitable, public safety personnel, or veterans' |
organization.
"Public safety personnel organization" has |
the meaning ascribed to that term
in Section 1 of the |
Solicitation for Charity Act.
|
(2) A person commits a false personation when he or she |
knowingly and falsely
represents himself or herself to be a |
veteran in seeking employment or
public office.
In this |
paragraph, "veteran" means a person who has served in the
|
|
Armed Services or Reserve
Forces of the United States.
|
(2.5) (a-7) A person commits a false personation when |
he or she knowingly and falsely represents himself or |
herself to be: |
(A) (1) another actual person and does an act in |
such assumed character with intent to intimidate, |
threaten, injure, defraud, or to obtain a benefit from |
another; or |
(B) (2) a representative of an actual person or |
organization and does an act in such false capacity |
with intent to obtain a benefit or to injure or defraud |
another. |
(3) No person shall knowingly use the words "Police", |
"Police
Department", "Patrolman", "Sergeant", |
"Lieutenant",
"Peace Officer", "Sheriff's Police", |
"Sheriff", "Officer", "Law Enforcement", "Trooper", |
"Deputy", "Deputy Sheriff", "State Police",
or
any other |
words to the same effect (i) in the title
of any |
organization, magazine, or other publication without the |
express
approval of the named public safety personnel |
organization's governing board or (ii) in combination with |
the name of any state, state agency, public university, or |
unit of local government without the express written |
authorization of that state, state agency, public |
university, or unit of local government.
|
(4) No person may knowingly claim or represent that he |
|
or she is acting on behalf
of
any public safety personnel |
organization when soliciting financial contributions or |
selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements unless the
chief of the police department, |
fire department, and the
corporate or municipal authority |
thereof,
or the sheriff has first
entered into a written
|
agreement with the person or with an organization with |
which the person is
affiliated and the
agreement permits |
the activity and specifies and states clearly and fully the |
purpose for which the proceeds of the solicitation, |
contribution, or sale will be used.
|
(5) No person, when soliciting financial contributions |
or selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements may claim
or represent that he or she is |
representing or acting on behalf of any
nongovernmental
|
organization by any name which includes "officer", "peace |
officer", "police",
"law
enforcement", "trooper", |
"sheriff", "deputy", "deputy sheriff", "State police",
or |
any other word
or words which would reasonably be |
understood to imply that the organization is
composed of
|
law enforcement personnel unless: |
(A) the person is actually representing or acting
|
on behalf of the
nongovernmental organization; |
(B) the nongovernmental organization is
controlled |
|
by and
governed by a membership of and represents a |
group or association of active
duty peace officers,
|
retired peace officers, or injured peace officers; and |
(C) before commencing the
solicitation or the
sale |
or the offers to sell any merchandise, goods, services, |
memberships, or
advertisements, a
written contract |
between the soliciting or selling person and the
|
nongovernmental
organization, which specifies and |
states clearly and fully the purposes for which the |
proceeds of the solicitation, contribution, or sale |
will be used, has been entered into.
|
(6) No person, when soliciting financial contributions |
or selling or
delivering or
offering to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements,
may knowingly claim or represent that he or |
she is representing or acting on behalf of
any |
nongovernmental
organization by any name which includes |
the term "fireman", "fire fighter",
"paramedic", or any
|
other word or words which would reasonably be understood to |
imply that the
organization is
composed of fire fighter or |
paramedic personnel unless: |
(A) the person is actually
representing or
acting |
on behalf of the nongovernmental organization; |
(B) the nongovernmental
organization is
controlled |
by and governed by a membership of and represents a |
group or
association of active
duty, retired, or |
|
injured fire fighters (for the purposes of this |
Section,
"fire fighter" has the
meaning ascribed to |
that term in Section 2 of the Illinois Fire Protection
|
Training Act)
or active duty, retired, or injured |
emergency medical technicians - ambulance,
emergency
|
medical technicians - intermediate, emergency medical |
technicians - paramedic,
ambulance
drivers, or other |
medical assistance or first aid personnel; and |
(C) before
commencing the solicitation
or the sale |
or delivery or the offers to sell or deliver any |
merchandise,
goods, services,
memberships, or |
advertisements, the soliciting or selling person and |
the nongovernmental organization have entered into a |
written contract that specifies and states clearly and |
fully the purposes for which the proceeds of the |
solicitation, contribution, or sale will be used.
|
(7) No person may knowingly claim or represent that he |
or she is an airman, airline employee, airport employee, or |
contractor at an airport in order to obtain the uniform, |
identification card, license, or other identification |
paraphernalia of an airman, airline employee, airport |
employee, or contractor at an airport.
|
(8) No person, firm,
copartnership, or corporation |
(except corporations organized and doing business
under |
the Pawners Societies Act)
shall knowingly use a name that |
contains in it the words
"Pawners' Society". |
|
(b) False personation; public officials and employees |
judicial process . A person commits a false personation if he or |
she knowingly and falsely represents himself or herself to be |
any of the following: |
(1) An attorney authorized to practice law for purposes |
of compensation or consideration. This paragraph (b)(1) |
does not apply to a person who unintentionally fails to pay |
attorney registration fees established by Supreme Court |
Rule. |
(2) A public officer or a public employee or an |
official or employee of the federal government. |
(2.3) A public officer, a public employee, or an |
official or employee of the federal government, and the |
false representation is made in furtherance of the |
commission of felony. |
(2.7) A public officer or a public employee, and the |
false representation is for the purpose of effectuating |
identity theft as defined in Section 16-30 of this Code. |
(3) A peace officer. |
(4) A peace officer while carrying a deadly weapon. |
(5) A peace officer in attempting or committing a |
felony. |
(6) A peace officer in attempting or committing a |
forcible felony. |
(7) The parent, legal guardian, or other relation of a |
minor child to any public official, public employee, or |
|
elementary or secondary school employee or administrator. |
(8) A fire fighter. |
(9) A fire fighter while carrying a deadly weapon. |
(10) A fire fighter in attempting or committing a |
felony. |
(11) An emergency management worker of any |
jurisdiction in this State. |
(12) An emergency management worker of any |
jurisdiction in this State in attempting or committing a |
felony.
For the purposes of this subsection (b), "emergency |
management worker" has the meaning provided under Section |
2-6.6 of this Code. |
(b-5) The trier of fact may infer that a person falsely |
represents himself or herself to be a public officer or a |
public employee or an official or employee of the federal |
government if the person: |
(1) wears or displays without authority any uniform, |
badge, insignia, or facsimile thereof by which a public |
officer or public employee or official or employee of the |
federal government is lawfully distinguished; or |
(2) falsely expresses by word or action that he or she |
is a public officer or public employee or official or |
employee of the federal government and is acting with |
approval or authority of a public agency or department. |
(c) Fraudulent advertisement of a corporate name. |
(1) A company, association, or individual commits |
|
fraudulent advertisement of a corporate name if he, she, or |
it, not being incorporated, puts forth a sign or |
advertisement and assumes, for the purpose of soliciting |
business, a corporate name. |
(2) Nothing contained in this subsection (c) prohibits |
a corporation, company, association, or person from using a |
divisional designation or trade name in conjunction with |
its corporate name or assumed name under Section 4.05 of |
the Business Corporation Act of 1983 or, if it is a member |
of a partnership or joint venture, from doing partnership |
or joint venture business under the partnership or joint |
venture name. The name under which the joint venture or |
partnership does business may differ from the names of the |
members. Business may not be conducted or transacted under |
that joint venture or partnership name, however, unless all |
provisions of the Assumed Business Name Act have been |
complied with. Nothing in this subsection (c) permits a |
foreign corporation to do business in this State without |
complying with all Illinois laws regulating the doing of |
business by foreign corporations. No foreign corporation |
may conduct or transact business in this State as a member |
of a partnership or joint venture that violates any |
Illinois law regulating or pertaining to the doing of |
business by foreign corporations in Illinois. |
(3) The provisions of this subsection (c) do not apply |
to limited partnerships formed under the Revised Uniform |
|
Limited Partnership Act or under the Uniform Limited |
Partnership Act (2001). |
(d) False law enforcement badges. |
(1) A person commits false law enforcement badges if he |
or she knowingly produces, sells, or distributes a law |
enforcement badge without the express written consent of |
the law enforcement agency represented on the badge or, in |
case of a reorganized or defunct law enforcement agency, |
its successor law enforcement agency. |
(2) It is a defense to false law enforcement badges |
that the law enforcement badge is used or is intended to be |
used exclusively: (i) as a memento or in a collection or |
exhibit; (ii) for decorative purposes; or (iii) for a |
dramatic presentation, such as a theatrical, film, or |
television production. |
(e) False medals. |
(1) A person commits a false personation if he or she |
knowingly and falsely represents himself or herself to be a |
recipient of, or wears on his or her person, any of the |
following medals if that medal was not awarded to that |
person by the United States Government, irrespective of |
branch of service: The Congressional Medal of Honor, The |
Distinguished Service Cross, The Navy Cross, The Air Force |
Cross, The Silver Star, The Bronze Star, or the Purple |
Heart. |
(2) It is a defense to a prosecution under paragraph |
|
(e)(1) that the medal is used, or is intended to be used, |
exclusively: |
(A) for a dramatic presentation, such as a |
theatrical, film, or television production, or a |
historical re-enactment; or |
(B) for a costume worn, or intended to be worn, by |
a person under 18 years of age. |
(f) Sentence. |
(1) A violation of paragraph (a)(8) is a petty offense |
subject to a fine of not less than $5 nor more than $100, |
and the person, firm, copartnership, or corporation |
commits an additional petty offense for each day he, she, |
or it continues to commit the violation. A violation of |
paragraph (c)(1) is a petty offense, and the company, |
association, or person commits an additional petty offense |
for each day he, she, or it continues to commit the |
violation. A violation of subsection (e) is a petty offense |
for which the offender shall be fined at least $100 and not |
more than $200. |
(2) A violation of paragraph (a)(1) or (a)(3) is a |
Class C misdemeanor. |
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), |
(a-7), (b)(2), or (b)(7) or subsection (d) is a Class A |
misdemeanor. A second or subsequent violation of |
subsection (d) is a Class 3 felony. |
(4) A violation of paragraph (a)(4), (a)(5), (a)(6), |
|
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a |
Class 4 felony. |
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12) |
is a Class 3 felony. |
(6) A violation of paragraph (b)(5) or (b)(10) is a |
Class 2 felony. |
(7) A violation of paragraph (b)(6) is a Class 1 |
felony.
|
(g) (e) A violation of subsection (a)(1) through (a)(7) or |
subsection (e) of this Section may be accomplished in person or |
by any means of communication, including but not limited to the |
use of an Internet website or any form of electronic |
communication. |
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; |
97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change |
to Sec. 32-5 from 97-219; revised 10-12-11.)
|
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
|
Sec. 17-3. Forgery.
|
(a) A person commits forgery when, with intent to defraud, |
he or she knowingly:
|
(1) makes a false document or alters any document to |
make it false and that document is apparently capable of |
defrauding
another; or
|
(2) issues or delivers such document knowing it to have |
been thus
made or altered; or
|
|
(3) possesses, with intent to issue or deliver, any |
such document
knowing it to have been thus made or altered; |
or
|
(4) unlawfully uses the digital signature, as defined |
in the Financial
Institutions Electronic Documents and |
Digital Signature Act, of another; or
|
(5) unlawfully uses the signature device of another to |
create
an electronic signature of that other person, as |
those terms are defined in the
Electronic Commerce Security |
Act.
|
(b) (Blank).
|
(c) A document apparently capable of defrauding another |
includes, but is
not limited to, one by which any right, |
obligation or power with reference
to any person or property |
may be created, transferred, altered or
terminated. A document |
includes any record or electronic record as those
terms are |
defined in the Electronic Commerce Security Act. For purposes |
of this Section, a document also includes a Universal Price |
Code Label or coin.
|
(c-5) For purposes of this Section, "false document" or |
"document that is false" includes, but is not limited to, a |
document whose contents are false in some material way, or that |
purports to have been made by another or at another time, or |
with different provisions, or by authority of one who did not |
give such authority. |
(d) Sentence.
|
|
(1) Except as provided in paragraphs (2) and (3), |
forgery is a Class 3 felony. |
(2) Forgery is a Class 4 felony when only one Universal |
Price Code Label is forged. |
(3) Forgery is a Class A misdemeanor when an academic |
degree or coin is forged.
|
(e) It is not a violation of this Section if a false |
academic degree explicitly states "for novelty purposes only". |
(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; |
revised 9-14-11.)
|
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) |
Sec. 17-10.2. Businesses owned by minorities, females, and |
persons with disabilities; fraudulent contracts with |
governmental units. |
(a) In this Section: |
"Minority person" means a person who is any of the |
following : |
(1) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(2) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
|
the Philippine Islands, Thailand, and Vietnam). |
(3) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(4) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(5) Native Hawaiian or Other Pacific Islander (a person |
having origins in any of the original peoples of Hawaii, |
Guam, Samoa, or other Pacific Islands). |
(1) African American (a person having origins in any
of |
the black racial groups in Africa);
(2) Hispanic (a person |
of Spanish or Portuguese
culture with origins in Mexico, |
South or Central America, or the Caribbean Islands, |
regardless of race);
(3) Asian American (a person having |
origins in any
of the original peoples of the Far East, |
Southeast Asia, the Indian Subcontinent or the Pacific |
Islands); or
(4) Native American or Alaskan Native (a |
person
having origins in any of the original peoples of |
North America). |
"Female" means a person who is of the female gender.
|
"Person with a disability" means a person who is a |
person qualifying as being disabled.
|
"Disabled" means a severe physical or mental |
disability that:
(1) results from:
amputation,
arthritis,
|
|
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
|
cystic fibrosis,
deafness,
head injury,
heart disease,
|
hemiplegia,
hemophilia,
respiratory or pulmonary |
dysfunction, an intellectual disability
mental |
retardation ,
mental illness,
multiple sclerosis,
muscular |
dystrophy,
musculoskeletal disorders,
neurological |
disorders, including stroke and epilepsy,
paraplegia,
|
quadriplegia and other spinal cord conditions,
sickle cell |
anemia,
specific learning disabilities, or
end stage renal |
failure disease; and
(2) substantially limits one or more |
of the person's major life activities. |
"Minority owned business" means a business concern |
that is at least 51% owned by one or more minority persons, |
or in the case of a corporation, at least 51% of the stock |
in which is owned by one or more minority persons; and the |
management and daily business operations of which are |
controlled by one or more of the minority individuals who |
own it. |
"Female owned business" means a business concern that |
is at least 51% owned by one or more females, or, in the |
case of a corporation, at least 51% of the stock in which |
is owned by one or more females; and the management and |
daily business operations of which are controlled by one or |
more of the females who own it. |
"Business owned by a person with a disability" means a |
business concern that is at least 51% owned by one or more |
|
persons with a disability and the management and daily |
business operations of which are controlled by one or more |
of the persons with disabilities who own it. A |
not-for-profit agency for persons with disabilities that |
is exempt from taxation under Section 501 of the Internal |
Revenue Code of 1986 is also considered a "business owned |
by a person with a disability". |
"Governmental unit" means the State, a unit of local |
government, or school district. |
(b) In addition to any other penalties imposed by law or by |
an ordinance or resolution of a unit of local government or |
school district, any individual or entity that knowingly |
obtains, or knowingly assists another to obtain, a contract |
with a governmental unit, or a subcontract or written |
commitment for a subcontract under a contract with a |
governmental unit, by falsely representing that the individual |
or entity, or the individual or entity assisted, is a minority |
owned business, female owned business, or business owned by a |
person with a disability is guilty of a Class 2 felony, |
regardless of whether the preference for awarding the contract |
to a minority owned business, female owned business, or |
business owned by a person with a disability was established by |
statute or by local ordinance or resolution. |
(c) In addition to any other penalties authorized by law, |
the court shall order that an individual or entity convicted of |
a violation of this Section must pay to the governmental unit |
|
that awarded the contract a penalty equal to one and one-half |
times the amount of the contract obtained because of the false |
representation.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12, and 97-396, eff. 1-1-12; revised 9-14-11.) |
(720 ILCS 5/17-10.6) |
Sec. 17-10.6. Financial institution fraud. |
(a) Misappropriation of financial institution property. A |
person commits misappropriation of a financial institution's |
property whenever he or she knowingly obtains or exerts |
unauthorized control over any of the moneys, funds, credits, |
assets, securities, or other property owned by or under the |
custody or control of a financial institution, or under the |
custody or care of any agent, officer, director, or employee of |
such financial institution. |
(b) Commercial bribery of a financial institution. |
(1) A person commits commercial bribery of a financial |
institution when he or she knowingly confers or offers or |
agrees to confer any benefit upon any employee, agent, or |
fiduciary without the consent of the latter's employer or |
principal, with the intent to influence his or her conduct |
in relation to his or her employer's or principal's |
affairs. |
(2) An employee, agent, or fiduciary of a financial |
institution commits commercial bribery of a financial |
|
institution when, without the consent of his or her |
employer or principal, he or she knowingly solicits, |
accepts, or agrees to accept any benefit from another |
person upon an agreement or understanding that such benefit |
will influence his or her conduct in relation to his or her |
employer's or principal's affairs. |
(c) Financial institution fraud. A person commits |
financial institution fraud when he or she knowingly executes |
or attempts to execute a scheme or artifice: |
(1) to defraud a financial institution; or |
(2) to obtain any of the moneys, funds, credits, |
assets, securities, or other property owned by or under the |
custody or control of a financial institution, by means of |
pretenses, representations, or promises he or she knows to |
be false. |
(d) Loan fraud. A person commits loan fraud when he or she |
knowingly, with intent to defraud, makes any false statement or |
report, or overvalues any land, property, or security, with the |
intent to influence in any way the action of a financial |
institution to act upon any application, advance, discount, |
purchase, purchase agreement, repurchase agreement, |
commitment, or loan, or any change or extension of any of the |
same, by renewal, deferment of action, or otherwise, or the |
acceptance, release, or substitution of security. |
(e) Concealment of collateral. A person commits |
concealment of collateral when he or she, with intent to |
|
defraud, knowingly conceals, removes, disposes of, or converts |
to the person's own use or to that of another any property |
mortgaged or pledged to or held by a financial institution. |
(f) Financial institution robbery. A person commits |
robbery when he or she knowingly, by force or threat of force, |
or by intimidation, takes, or attempts to take, from the person |
or presence of another, or obtains or attempts to obtain by |
extortion, any property or money or any other thing of value |
belonging to, or in the care, custody, control, management, or |
possession of, a financial institution. |
(g) Conspiracy to commit a financial crime. |
(1) A person commits conspiracy to commit a financial |
crime when, with the intent that any violation of this |
Section be committed, he or she agrees with another person |
to the commission of that offense. |
(2) No person may be convicted of conspiracy to commit |
a financial crime unless an overt act or acts in |
furtherance of the agreement is alleged and proved to have |
been committed by that person or by a co-conspirator and |
the accused is a part of a common scheme or plan to engage |
in the unlawful activity. |
(3) It shall not be a defense to conspiracy to commit a |
financial crime that the person or persons with whom the |
accused is alleged to have conspired: |
(A) has not been prosecuted or convicted; |
(B) has been convicted of a different offense; |
|
(C) is not amenable to justice; |
(D) has been acquitted; or |
(E) lacked the capacity to commit the offense. |
(h) Continuing financial crimes enterprise. A person |
commits a continuing financial crimes enterprise when he or she |
knowingly, within an 18-month period, commits 3 or more |
separate offenses constituting any combination of the |
following: |
(1) an offense under this Section ; |
(2) a felony offense in violation of Section 16A-3 or |
subsection (a) of Section 16-25 or paragraph (4) or (5) of |
subsection (a) of Section 16-1 of this Code for the purpose |
of reselling or otherwise re-entering the merchandise in |
commerce, including conveying the merchandise to a |
merchant in exchange for anything of value; or |
(3) , if involving a financial institution, any other |
felony offense offenses under this Code. |
(i) Organizer of a continuing financial crimes enterprise. |
(1) A person commits being an organizer of a continuing |
financial crimes enterprise when he or she: |
(A) with the intent to commit any offense under |
this Section , agrees with another person to the |
commission of any combination of the following |
offenses on 3 or
more separate occasions within an |
18-month period: |
(i) an offense under this Section; |
|
(ii) a felony offense in violation of Section |
16A-3 or subsection (a) of Section 16-25 or |
paragraph (4) or (5) of subsection (a) of Section |
16-1 of this Code for the purpose of reselling or |
otherwise re-entering the merchandise in commerce, |
including conveying the merchandise to a merchant |
in exchange for anything of value; or |
(iii) , if involving a financial institution, |
any other felony offense under this Code , agrees |
with another person to the commission of that |
offense on 3 or more separate occasions within an |
18-month period ; and |
(B) with respect to the other persons within the |
conspiracy, occupies a position of organizer, |
supervisor, or financier or other position of |
management. |
(2) The person with whom the accused agreed to commit |
the 3 or more offenses under this Section, or, if involving |
a financial institution, any other felony offenses under |
this Code, need not be the same person or persons for each |
offense, as long as the accused was a part of the common |
scheme or plan to engage in each of the 3 or more alleged |
offenses. |
(j) Sentence. |
(1) Except as otherwise provided in this subsection, a |
violation of this Section, the full value of which: |
|
(A) does not exceed $500, is a Class A misdemeanor; |
(B) does not exceed $500, and the person has been |
previously convicted of a financial crime or any type |
of theft, robbery, armed robbery, burglary, |
residential burglary, possession of burglary tools, or |
home invasion, is guilty of a Class 4 felony; |
(C) exceeds $500 but does not exceed $10,000, is a |
Class 3 felony; |
(D) exceeds $10,000 but does not exceed $100,000, |
is a Class 2 felony; |
(E) exceeds $100,000 but does not exceed $500,000 , |
is a Class 1 felony ; . |
(F) exceeds $500,000 but does not exceed |
$1,000,000, is a Class 1 non-probationable felony; |
when a charge of financial crime, the full value of |
which exceeds $500,000 but does not exceed $1,000,000, |
is brought, the value of the financial crime involved |
is an element of the offense to be resolved by the |
trier of fact as either exceeding or not exceeding |
$500,000; |
(G) exceeds $1,000,000, is a Class X felony; when a |
charge of financial crime, the full value of which |
exceeds $1,000,000, is brought, the value of the |
financial crime involved is an element of the offense |
to be resolved by the trier of fact as either exceeding |
or not exceeding $1,000,000. |
|
(2) A violation of subsection (f) is a Class 1 felony. |
(3) A violation of subsection (h) is a Class 1 felony. |
(4) A violation for subsection (i) is a Class X felony. |
(k) A "financial crime" means an offense described in this |
Section. |
(l) Period of limitations. The period of limitations for |
prosecution of any offense defined in this Section begins at |
the time when the last act in furtherance of the offense is |
committed.
|
(m) Forfeiture. Any violation of subdivision (2) of |
subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to |
the remedies, procedures, and forfeiture as set forth in |
subsections (f) through (s) of Section 29B-1 of this Code. |
(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532, |
eff. 1-1-12, and 97-147, eff. 1-1-12; revised 10-12-11.) |
(720 ILCS 5/24-3.8) |
Sec. 24-3.8. Possession of a stolen firearm.
|
(a) A person commits possession of a stolen firearm when he |
or she, not
being entitled to the possession of a firearm, |
possesses or delivers the
firearm, knowing it to have been |
stolen or converted. The trier of fact may infer that
a person |
who possesses a firearm with knowledge that its serial number |
has
been removed or altered has knowledge that the firearm is |
stolen or converted.
|
(b) Possession of a stolen firearm is a Class 2 felony.
|
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. |
1-1-12; revised 9-21-11.) |
(720 ILCS 5/24-3.9) |
Sec. 24-3.9. Aggravated possession of a stolen firearm.
|
(a) A person commits aggravated possession of a stolen |
firearm when he
or she:
|
(1) Not being entitled to the possession of not less |
than 2 and
not more than 5 firearms, possesses or delivers |
those firearms at the
same time or within a one-year |
period, knowing the firearms to have been
stolen or |
converted.
|
(2) Not being entitled to the possession of not less |
than 6 and
not more than 10 firearms, possesses or delivers |
those firearms at the
same time or within a 2-year period, |
knowing the firearms to have been
stolen or converted.
|
(3) Not being entitled to the possession of not less |
than 11 and
not more than 20 firearms, possesses or |
delivers those firearms at the
same time or within a 3-year |
period, knowing the firearms to have been
stolen or |
converted.
|
(4) Not being entitled to the possession of not less |
than 21 and
not more than 30 firearms, possesses or |
delivers those firearms at the
same time or within a 4-year |
period, knowing the firearms to have been
stolen or |
converted.
|
|
(5) Not being entitled to the possession of more than |
30 firearms,
possesses or delivers those firearms at the
|
same time or within a 5-year period, knowing the firearms |
to have been
stolen or converted.
|
(b) The trier of fact may infer that a person who possesses |
a firearm with
knowledge that its serial number has been |
removed or altered has
knowledge that the firearm is stolen or |
converted.
|
(c) Sentence.
|
(1) A person who violates paragraph (1) of subsection |
(a) of this
Section commits a Class 1 felony.
|
(2) A person who violates paragraph (2) of subsection |
(a) of this
Section commits a Class X felony for which he |
or she shall be sentenced
to a term of imprisonment of not |
less than 6 years and not more than 30
years.
|
(3) A person who violates paragraph (3) of subsection |
(a) of this
Section commits a Class X felony for which he |
or she shall be sentenced
to a term of imprisonment of not |
less than 6 years and not more than 40
years.
|
(4) A person who violates paragraph (4) of subsection |
(a) of this
Section commits a Class X felony for which he |
or she shall be sentenced
to a term of imprisonment of not |
less than 6 years and not more than 50
years.
|
(5) A person who violates paragraph (5) of subsection |
(a) of this
Section commits a Class X felony for which he |
or she shall be sentenced
to a term of imprisonment of not |
|
less than 6 years and not more than 60
years.
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. |
1-1-12; revised 9-21-11.)
|
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
|
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used |
with the knowledge
and consent of the owner in the commission |
of, or in the attempt to commit as
defined in Section 8-4 of |
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, |
11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a |
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, |
11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, |
12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of |
precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, |
20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this Code, |
subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), |
(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
|
paragraph (a) of Section 12-4 of this Code, paragraph (a) of |
Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), |
(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) |
of Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of |
Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of |
the Cigarette Tax
Act if the vessel, vehicle or aircraft |
contains more than 10 cartons of
such cigarettes; (c) Section |
28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, |
vehicle or aircraft contains more than 10 cartons of such
|
|
cigarettes; (d) Section 44 of the Environmental Protection Act; |
(e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving |
under the influence of alcohol or other drug or drugs, |
intoxicating compound or compounds or any
combination thereof |
under Section 11-501 of the Illinois Vehicle Code during a |
period in which his
or her driving privileges are revoked or |
suspended where
the revocation or suspension was for driving |
under the influence of alcohol or other drug or drugs, |
intoxicating compound or compounds or any
combination thereof, |
Section 11-501.1, paragraph (b) of Section
11-401, or for |
reckless homicide as defined in Section 9-3
of the Criminal |
Code of 1961; (2)
driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof and has been previously convicted of |
reckless homicide or a similar provision of a law of another |
state relating to reckless homicide in which the person was |
determined to have been under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds as an |
element of the offense or the person has previously been |
convicted of committing a violation of
driving under the |
influence of alcohol or other drug or drugs, intoxicating |
compound or compounds or any
combination thereof and was |
involved in a motor vehicle accident that resulted in death, |
great bodily harm, or permanent disability or disfigurement to |
another, when the violation was a proximate cause of the death |
or injuries; (3) the person committed a violation of driving |
|
under the influence of alcohol or other drug or drugs, |
intoxicating compound or compounds or any
combination thereof |
under Section 11-501 of the Illinois Vehicle Code or a similar |
provision for the third or subsequent
time; (4) the person |
committed the violation while he
or she did not possess a |
driver's license or permit or a restricted driving permit or a |
judicial driving permit or a monitoring device driving permit; |
or (5) the person committed the violation while he or she knew |
or should have known that the vehicle he or she was driving was |
not covered by a liability insurance policy; (g) an offense |
described in subsection (g) of Section 6-303 of the
Illinois |
Vehicle Code; or (h) an offense described in subsection (e) of
|
Section 6-101 of the Illinois Vehicle Code;
may be
seized and |
delivered forthwith to the sheriff of the county of seizure.
|
Within 15 days after such delivery the sheriff shall give |
notice of seizure
to each person according to the following |
method: Upon each such person
whose right, title or interest is |
of record in the office of the Secretary
of State, the |
Secretary of Transportation, the Administrator of the Federal
|
Aviation Agency, or any other Department of this State, or any |
other state
of the United States if such vessel, vehicle or |
aircraft is required to be
so registered, as the case may be, |
by mailing a copy of the notice by
certified mail to the |
address as given upon the records of the Secretary of
State, |
the Department of Aeronautics, Department of Public Works and
|
Buildings or any other Department of this State or the United |
|
States if
such vessel, vehicle or aircraft is required to be so |
registered. Within
that 15 day period the sheriff shall also |
notify the State's Attorney of
the county of seizure about the |
seizure.
|
In addition, any mobile or portable equipment used in the |
commission of an
act which is in violation of Section 7g of the |
Metropolitan Water Reclamation
District Act shall be subject to |
seizure and forfeiture under the same
procedures provided in |
this Article for the seizure and forfeiture of vessels,
|
vehicles and aircraft, and any such equipment shall be deemed a |
vessel, vehicle
or aircraft for purposes of this Article.
|
When a person discharges a firearm at another individual |
from a vehicle with
the knowledge and consent of the owner of |
the vehicle and with the intent to
cause death or great bodily |
harm to that individual and as a result causes
death or great |
bodily harm to that individual, the vehicle shall be subject to
|
seizure and forfeiture under the same procedures provided in |
this Article for
the seizure and forfeiture of vehicles used in |
violations of clauses (a), (b),
(c), or (d) of this Section.
|
If the spouse of the owner of a vehicle seized for
an |
offense described in subsection (g) of Section 6-303 of the
|
Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
Code makes a showing
that the seized vehicle is the only source |
of transportation and it is
determined that the financial |
|
hardship to the family as a result of the seizure
outweighs the |
benefit to the State from the seizure, the vehicle may be
|
forfeited to the spouse or family member and the title to the |
vehicle shall be
transferred to the spouse or family member who |
is properly licensed and who
requires the use of the vehicle |
for employment or family transportation
purposes. A written |
declaration of forfeiture of a vehicle under this
Section shall |
be sufficient cause for the title to be transferred to the |
spouse
or family member. The provisions of this paragraph shall |
apply only to one
forfeiture per vehicle. If the vehicle is the |
subject of a subsequent
forfeiture proceeding by virtue of a |
subsequent conviction of either spouse or
the family member, |
the spouse or family member to whom the vehicle was
forfeited |
under the first forfeiture proceeding may not utilize the
|
provisions of this paragraph in another forfeiture proceeding. |
If the owner of
the vehicle seized owns more than one vehicle,
|
the procedure set out in this paragraph may be used for only |
one vehicle.
|
Property declared contraband under Section 40 of the |
Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
seized and forfeited under this
Article.
|
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. |
1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, |
Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; |
revised 9-14-11.) |
|
(720 ILCS 5/36.5-5) |
Sec. 36.5-5. Vehicle impoundment. |
(a) In addition to any other penalty provided by law, a |
peace officer who arrests a person for a violation of Section |
10-9, 11-14 10-14 , 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 |
of this Code, may tow and impound any vehicle used by the |
person in the commission of the offense. The person arrested |
for one or more such violations shall be charged a $1,000 fee, |
to be paid to the unit of government that made the arrest. The |
person may recover the vehicle from the impound after a minimum |
of 2 hours after arrest upon payment of the fee. |
(b) $500 of the fee shall be distributed to the unit of |
government whose peace officers made the arrest, for the costs |
incurred by the unit of government to tow and impound the |
vehicle. Upon the defendant's conviction of one or more of the |
offenses in connection with which the vehicle was impounded and |
the fee imposed under this Section, the remaining $500 of the |
fee shall be deposited into the DHS State Projects Violent |
Crime Victims Assistance Fund and shall be used by the |
Department of Human Services to make grants to non-governmental |
organizations to provide services for persons encountered |
during the course of an investigation into any violation of |
Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
11-19.1, or 11-19.2 of this Code, provided such persons |
|
constitute prostituted persons or other victims of human |
trafficking. |
(c) Upon the presentation by the defendant of a signed |
court order showing that the defendant has been acquitted of |
all of the offenses in connection with which a vehicle was |
impounded and a fee imposed under this Section, or that the |
charges against the defendant for those offenses have been |
dismissed, the unit of government shall refund the $1,000 fee |
to the defendant.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. |
1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.) |
Section 15-60. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 110-6.3, 110-10, 111-8, 115-7.3, |
and 115-10.3 as follows:
|
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
|
Sec. 110-6.3.
Denial of bail in stalking and aggravated |
stalking
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
stalking or aggravated stalking, |
when it is alleged that the defendant's
admission to bail poses |
a real and present threat to the physical safety of
the alleged |
victim of the offense, and denial of release on bail or
|
personal recognizance is necessary to prevent fulfillment of |
|
the threat
upon which the charge is based.
|
(1) A petition may be filed without prior notice to the |
defendant at the
first appearance before a judge, or within |
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 the 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 the defendant may be held in custody
|
during the continuance. A continuance on the motion of the |
State may not
exceed 3 calendar days; however, the |
defendant may be held in custody
during the continuance |
under this provision if the defendant has been
previously |
found to have violated an order of protection or has been
|
previously convicted of, or granted court supervision for, |
any of the
offenses set forth in Sections 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, |
12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961, against the
same |
person
as the alleged victim of the stalking or aggravated |
stalking offense.
|
(b) The court may deny bail to the defendant when, after |
|
the hearing, it
is determined that:
|
(1) the proof is evident or the presumption great that |
the defendant has
committed the offense of stalking or |
aggravated stalking; and
|
(2) the defendant poses a real and present threat to |
the physical safety
of the alleged victim of the offense; |
and
|
(3) the denial of release on bail or personal |
recognizance is
necessary to prevent fulfillment of the |
threat upon which the charge is based;
and
|
(4) the court finds that no condition or combination of |
conditions set
forth in subsection (b) of Section 110-10 of |
this Code, including mental
health treatment at a community |
mental health center, hospital, or
facility of the |
Department of Human Services,
can reasonably assure the |
physical safety of the alleged victim of the offense.
|
(c) Conduct of the hearings.
|
(1) The hearing on the defendant's culpability and |
threat to the
alleged victim of the offense shall be
|
conducted in accordance with the following provisions:
|
(A) Information used by the court in its findings |
or stated in or
offered
at the 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 exercise
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 pretrial detention hearing is not |
to be used for the 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.
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:
|
(A) the
defendant poses a real and present threat |
to the physical safety of the
alleged victim of the |
offense; and
|
(B) the denial of release on bail or personal
|
recognizance is necessary to prevent fulfillment of |
the threat upon which
the charge is based;
|
shall be supported by clear and convincing evidence
|
presented by the State.
|
(d) Factors to be considered in making a determination of |
the threat to
the alleged victim of the offense.
The court may, |
in determining whether the defendant poses, at the time of
the |
hearing, a real and
present threat to the physical safety of |
|
the alleged victim of the offense,
consider but
shall not be |
limited to evidence or testimony concerning:
|
(1) The nature and circumstances of the offense |
charged;
|
(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 that behavior. The
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 that tends |
to indicate a violent, abusive, or
assaultive nature, |
or lack of any such history.
|
(3) The nature of the threat which is the basis of the |
charge against the defendant;
|
(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
Code, 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 that behavior.
|
(e) The court shall, in any order denying bail to a person |
charged with
stalking or aggravated stalking:
|
(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
under 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 this subsection (f),
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.
The |
court shall immediately notify the alleged victim of the |
offense that the defendant
has been admitted to bail under this |
subsection.
|
(g) 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. 96-1551, Article 1, Section 965, eff. 7-1-11; |
96-1551, Article 2, Section 1040, eff. 7-1-11; revised |
9-30-11.)
|
(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 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;
if the |
Firearm Owner's Identification Card is confiscated, the |
clerk of the circuit court shall mail the confiscated card |
|
to the Illinois State Police; all legally possessed |
firearms shall be returned to the person 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, DNA |
testing, GPS electronic monitoring, assessments and |
evaluations related to domestic violence and other |
victims, 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 |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 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. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; |
97-401, eff. 1-1-12; revised 9-14-11.)
|
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
|
Sec. 111-8. Orders of protection to prohibit domestic |
violence.
|
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, |
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-14.3 that involves soliciting for a prostitute, |
11-14.4 that involves soliciting for a juvenile prostitute, |
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
|
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, |
|
12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, |
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, |
or 21-3
of the Criminal Code of 1961 or Section 1-1 of the |
Harassing and Obscene Communications Act is alleged in an |
information, complaint or indictment
on file, and the alleged |
offender and victim are family or household members,
as defined |
in the Illinois Domestic Violence Act, as now or hereafter |
amended,
the People through the respective State's Attorneys |
may by separate petition
and upon notice to the defendant, |
except as provided in subsection (c) herein,
request the court |
to issue an order of protection.
|
(b) In addition to any other remedies specified in Section |
208 of the
Illinois Domestic Violence Act, as now or hereafter |
amended, the order may
direct the defendant
to initiate no |
contact with the alleged victim or victims who are family
or |
household members and to refrain from entering the residence, |
school
or place of business of the alleged victim or victims.
|
(c) The court may grant emergency relief without notice |
upon a showing
of immediate and present danger of abuse to the |
victim or minor children of the
victim and may enter a |
temporary order pending notice and full hearing on the
matter.
|
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; |
P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; revised |
9-30-11.)
|
(725 ILCS 5/115-7.3)
|
|
Sec. 115-7.3. Evidence in certain cases.
|
(a) This Section applies to criminal cases in which:
|
(1) the defendant is accused of predatory criminal |
sexual assault of a
child, aggravated criminal sexual |
assault, criminal sexual assault, aggravated
criminal |
sexual abuse,
criminal sexual abuse, child pornography, |
aggravated child pornography, or criminal transmission of |
HIV;
|
(2) the defendant is accused of battery, aggravated |
battery, first degree murder, or second degree murder when |
the
commission of the offense involves sexual penetration |
or sexual conduct as
defined in Section 11-0.1 12-12 of the |
Criminal Code of 1961; or
|
(3) the defendant is tried or retried for any of the |
offenses formerly
known as rape, deviate sexual assault, |
indecent liberties with a child, or
aggravated indecent |
liberties with a child.
|
(b) If the defendant is accused of an offense set forth in |
paragraph (1)
or (2) of subsection (a) or the defendant is |
tried or retried for any of the
offenses set forth in paragraph |
(3) of subsection (a), evidence of the
defendant's commission |
of another offense or offenses set forth in paragraph
(1), (2), |
or (3) of subsection (a), or evidence to rebut that proof or an
|
inference from that proof, may be admissible (if that evidence |
is otherwise
admissible under the rules of evidence) and may be |
considered for its bearing
on any matter to which it is |
|
relevant.
|
(c) In weighing the probative value of the evidence against |
undue
prejudice to the defendant, the court may consider:
|
(1) the proximity in time to the charged or predicate |
offense;
|
(2) the degree of factual similarity to the charged or |
predicate offense;
or
|
(3) other relevant facts and circumstances.
|
(d) In a criminal case in which the prosecution intends to |
offer evidence
under this Section, it must disclose the |
evidence, including statements of
witnesses or a summary of the |
substance of any testimony, at a reasonable time
in advance of |
trial, or during trial if the court excuses pretrial notice on
|
good cause shown.
|
(e) In a criminal case in which evidence is offered under |
this Section,
proof may be made by specific instances of |
conduct, testimony as to reputation,
or testimony in the form |
of an expert opinion, except that the prosecution may
offer
|
reputation testimony only after the opposing party has offered |
that
testimony.
|
(f) In prosecutions for a violation of Section 10-2, |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, |
12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal |
Code of 1961, involving the
involuntary delivery
of a |
controlled substance to a victim, no inference may be made |
about the fact
that a victim did not consent to a test for the |
|
presence of controlled
substances.
|
(Source: P.A. 95-892, eff. 1-1-09; 96-1551, eff. 7-1-11; |
revised 10-12-11.)
|
(725 ILCS 5/115-10.3)
|
Sec. 115-10.3. Hearsay exception regarding elder adults.
|
(a) In a prosecution for a physical act, abuse, neglect, or |
financial
exploitation
perpetrated upon or against an eligible |
adult, as defined in
the Elder Abuse
and Neglect
Act, who has |
been diagnosed by a physician to suffer from (i) any form of
|
dementia, developmental disability, or other form of mental |
incapacity or (ii)
any physical infirmity, including but not |
limited to
prosecutions for violations of Sections 10-1, 10-2, |
10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, |
12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, |
12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, |
12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, |
18-5, 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section |
12-4.4a, of the
Criminal Code of 1961, the following evidence |
shall be admitted
as an exception to the hearsay rule:
|
(1) testimony by an eligible adult, of an out of court |
statement made by
the eligible adult, that he or she |
complained of such act to another; and
|
(2) testimony of an out of court statement made by the
|
eligible adult,
describing any complaint of such act or |
|
matter or detail pertaining to any act
which is an element |
of an offense which is the subject of a prosecution for
a |
physical act, abuse, neglect, or financial exploitation |
perpetrated
upon or
against the eligible adult.
|
(b) Such testimony shall only be admitted if:
|
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient |
safeguards of reliability; and
|
(2) The eligible adult either:
|
(A) testifies at the proceeding; or
|
(B) is unavailable as a witness and there is |
corroborative evidence of
the act which is the subject |
of the statement.
|
(c) If a statement is admitted pursuant to this Section, |
the court shall
instruct the jury that it is for the jury to |
determine the weight and
credibility to be given the statement |
and that, in making the determination, it
shall consider the |
condition of the eligible adult, the nature of
the
statement, |
the circumstances under which the statement was made, and any |
other
relevant factor.
|
(d) The proponent of the statement shall give the adverse |
party reasonable
notice of his or her intention to offer the |
statement and the particulars of
the statement.
|
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; |
96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article |
|
10, Section 10-145, eff. 7-1-11; revised 9-30-11.) |
Section 15-65. The Unified Code of Corrections is amended |
by changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-3, 5-5-3, |
5-5-3.2, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and 5-9-1.7 as follows:
|
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
|
Sec. 3-1-2. Definitions. |
(a) "Chief Administrative Officer" means the
person |
designated by the Director to exercise the powers and duties of |
the
Department of Corrections in regard to committed persons |
within
a correctional institution or facility, and includes the
|
superintendent of any juvenile institution or facility.
|
(a-5) "Sex offense" for the purposes of paragraph (16) of |
subsection (a) of Section 3-3-7, paragraph (10) of subsection |
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
Section 5-6-3.1 only means: |
(i) A violation of any of the following Sections of the |
Criminal Code of
1961: 10-7 (aiding or abetting child |
abduction under Section 10-5(b)(10)),
10-5(b)(10) (child |
luring), 11-6 (indecent solicitation of a child), 11-6.5
|
(indecent solicitation of an adult), 11-14.4 (promoting |
juvenile prostitution),
11-15.1 (soliciting for a juvenile
|
prostitute), 11-17.1 (keeping a place of juvenile |
prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
|
(exploitation of a child), 11-20.1 (child pornography), |
11-20.1B or 11-20.3 (aggravated child pornography), |
11-1.40 or 12-14.1
(predatory criminal sexual assault of a |
child), or 12-33 (ritualized abuse of a
child). An attempt |
to commit any of
these offenses. |
(ii) A violation of any of the following Sections of |
the Criminal Code
of 1961: 11-1.20 or 12-13 (criminal
|
sexual assault), 11-1.30 or 12-14 (aggravated criminal |
sexual assault), 11-1.60 or 12-16 (aggravated criminal |
sexual abuse), and subsection (a) of Section 11-1.50 or |
subsection (a) of Section 12-15
(criminal sexual abuse). An |
attempt to commit
any of these offenses. |
(iii) A violation of any of the following Sections of |
the Criminal Code
of 1961 when the defendant is
not a |
parent of the victim: |
10-1 (kidnapping),
|
10-2 (aggravated kidnapping), |
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
subsection (a-5). |
An offense violating federal law or the law of another |
state
that is substantially equivalent to any offense listed in |
this
subsection (a-5) shall constitute a sex offense for the |
|
purpose of
this subsection (a-5). A finding or adjudication as |
a sexually dangerous person under
any federal law or law of |
another state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for a |
sex offense for the
purposes of this subsection (a-5).
|
(b) "Commitment" means a judicially determined placement
|
in the custody of the Department of Corrections on the basis of
|
delinquency or conviction.
|
(c) "Committed Person" is a person committed to the |
Department,
however a committed person shall not be considered |
to be an employee of
the Department of Corrections for any |
purpose, including eligibility for
a pension, benefits, or any |
other compensation or rights or privileges which
may be |
provided to employees of the Department.
|
(c-5) "Computer scrub software" means any third-party |
added software, designed to delete information from the |
computer unit, the hard drive, or other software, which would |
eliminate and prevent discovery of browser activity, including |
but not limited to Internet history, address bar or bars, cache |
or caches, and/or cookies, and which would over-write files in |
a way so as to make previous computer activity, including but |
not limited to website access, more difficult to discover. |
(d) "Correctional Institution or Facility" means any |
building or
part of a building where committed persons are kept |
in a secured manner.
|
(e) In the case of functions performed before the effective |
|
date of this amendatory Act of the 94th General Assembly, |
"Department" means the Department of Corrections of this State. |
In the case of functions performed on or after the effective |
date of this amendatory Act of the 94th General Assembly, |
"Department" has the meaning ascribed to it in subsection |
(f-5).
|
(f) In the case of functions performed before the effective |
date of this amendatory Act of the 94th General Assembly, |
"Director" means the Director of the Department of Corrections. |
In the case of functions performed on or after the effective |
date of this amendatory Act of the 94th General Assembly, |
"Director" has the meaning ascribed to it in subsection (f-5).
|
(f-5) In the case of functions performed on or after the |
effective date of this amendatory Act of the 94th General |
Assembly, references to "Department" or "Director" refer to |
either the Department of Corrections or the Director of |
Corrections or to the Department of Juvenile Justice or the |
Director of Juvenile Justice unless the context is specific to |
the Department of Juvenile Justice or the Director of Juvenile |
Justice.
|
(g) "Discharge" means the final termination of a commitment
|
to the Department of Corrections.
|
(h) "Discipline" means the rules and regulations for the
|
maintenance of order and the protection of persons and property
|
within the institutions and facilities of the Department and
|
their enforcement.
|
|
(i) "Escape" means the intentional and unauthorized |
absence
of a committed person from the custody of the |
Department.
|
(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and |
period of time.
|
(k) "Parole" means the conditional and revocable release
of |
a committed person under the supervision of a parole officer.
|
(l) "Prisoner Review Board" means the Board established in
|
Section 3-3-1(a), independent of the Department, to review
|
rules and regulations with respect to good time credits, to
|
hear charges brought by the Department against certain |
prisoners
alleged to have violated Department rules with |
respect to good
time credits, to set release dates for certain |
prisoners
sentenced under the law in effect prior to the |
effective
date of this Amendatory Act of 1977, to hear requests |
and
make recommendations to the Governor with respect to |
pardon,
reprieve or commutation, to set conditions for parole |
and
mandatory supervised release and determine whether |
violations
of those conditions justify revocation of parole or |
release,
and to assume all other functions previously exercised |
by the
Illinois Parole and Pardon Board.
|
(m) Whenever medical treatment, service, counseling, or
|
care is referred to in this Unified Code of Corrections,
such |
term may be construed by the Department or Court, within
its |
discretion, to include treatment, service or counseling by
a |
|
Christian Science practitioner or nursing care appropriate
|
therewith whenever request therefor is made by a person subject
|
to the provisions of this Act.
|
(n) "Victim" shall have the meaning ascribed to it in |
subsection (a) of
Section 3 of the Bill of Rights for Victims |
and Witnesses of Violent Crime Act.
|
(o) "Wrongfully imprisoned person" means a person who has |
been discharged from a prison of this State and
has received: |
(1) a pardon from the Governor stating that such pardon |
is issued on the ground of innocence of the crime for which |
he or she was imprisoned; or |
(2) a certificate of innocence from the Circuit Court |
as provided in Section 2-702 of the Code of Civil |
Procedure. |
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff. |
7-1-11; revised 9-30-11.) |
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
Release.
|
(a) The conditions of parole or mandatory
supervised |
release shall be such as the Prisoner Review
Board deems |
necessary to assist the subject in leading a
law-abiding life. |
The conditions of every parole and mandatory
supervised release |
are that the subject:
|
|
(1) not violate any criminal statute of any |
jurisdiction
during the parole or release term;
|
(2) refrain from possessing a firearm or other |
dangerous
weapon;
|
(3) report to an agent of the Department of |
Corrections;
|
(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for |
the agent to discharge his or her duties;
|
(5) attend or reside in a facility established for the |
instruction or
residence
of persons on
parole or mandatory |
supervised release;
|
(6) secure permission before visiting or writing a |
committed person in an
Illinois Department
of Corrections |
facility;
|
(7) report all arrests to an agent of the Department of |
Corrections as
soon as
permitted by the
arresting authority |
but in no event later than 24 hours after release from
|
custody and immediately report service or notification of |
an order of protection, a civil no contact order, or a |
stalking no contact order to an agent of the Department of |
Corrections;
|
(7.5) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, the individual shall |
undergo and successfully complete
sex offender treatment |
conducted in conformance with the standards developed by
|
|
the Sex
Offender Management Board Act by a treatment |
provider approved by the Board;
|
(7.6) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, refrain from residing at |
the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders, or is in any facility operated or licensed by |
the Department of Children and Family Services or by the |
Department of Human Services, or is in any licensed medical |
facility;
|
(7.7) if convicted for an offense that would qualify |
the accused as a sexual predator under the Sex Offender |
Registration Act on or after January 1, 2007 (the effective |
date of Public Act 94-988), wear an approved electronic |
monitoring device as defined in Section 5-8A-2 for the |
duration of the person's parole, mandatory supervised |
release term, or extended mandatory supervised release |
term and if convicted for an offense of criminal sexual |
assault, aggravated criminal sexual assault, predatory |
criminal sexual assault of a child, criminal sexual abuse, |
|
aggravated criminal sexual abuse, or ritualized abuse of a |
child committed on or after August 11, 2009 (the effective |
date of Public Act 96-236) when the victim was under 18 |
years of age at the time of the commission of the offense |
and the defendant used force or the threat of force in the |
commission of the offense wear an approved electronic |
monitoring device as defined in Section 5-8A-2 that has |
Global Positioning System (GPS) capability for the |
duration of the person's parole, mandatory supervised |
release term, or extended mandatory supervised release |
term;
|
(7.8) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961, refrain from communicating with or contacting, by |
means of the Internet, a person who is not related to the |
accused and whom the accused reasonably believes to be |
under 18 years of age; for purposes of this paragraph |
(7.8), "Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 1961; and a person is not |
related to the accused if the person is not: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused;
|
|
(7.9)
if convicted under Section 11-6, 11-20.1, |
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, |
consent to search of computers, PDAs, cellular phones, and |
other devices under his or her control that are capable of |
accessing the Internet or storing electronic files, in |
order to confirm Internet protocol addresses reported in |
accordance with the Sex Offender Registration Act and |
compliance with conditions in this Act;
|
(7.10)
if convicted for an offense that would qualify |
the accused as a sex offender or sexual predator under the |
Sex Offender Registration Act on or after June 1, 2008 (the |
effective date of Public Act 95-640), not possess |
prescription drugs for erectile dysfunction;
|
(7.11) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961, or any attempt to commit any |
of these offenses, committed on or after June 1, 2009 (the |
effective date of Public Act 95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's supervising |
agent, a law enforcement officer, or assigned computer |
|
or information technology specialist, including the |
retrieval and copying of all data from the computer or |
device and any internal or external peripherals and |
removal of such information, equipment, or device to |
conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the Board, the Department or the offender's |
supervising agent; |
(7.12) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after January |
1, 2010 (the effective date of Public Act 96-262), refrain |
from accessing or using a social networking website as |
defined in Section 17-0.5 of the Criminal Code of 1961;
|
(7.13) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed on |
or after January 1, 2010 (the effective date of Public Act |
96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any computer |
scrub software on any computer that the sex offender uses; |
(8) obtain permission of an agent of the Department of |
|
Corrections before
leaving the
State of Illinois;
|
(9) obtain permission of an agent of the Department of |
Corrections before
changing
his or her residence or |
employment;
|
(10) consent to a search of his or her person, |
property, or residence
under his or her
control;
|
(11) refrain from the use or possession of narcotics or |
other controlled
substances in
any form, or both, or any |
paraphernalia related to those substances and submit
to a
|
urinalysis test as instructed by a parole agent of the |
Department of
Corrections;
|
(12) not frequent places where controlled substances |
are illegally sold,
used,
distributed, or administered;
|
(13) not knowingly associate with other persons on |
parole or mandatory
supervised
release without prior |
written permission of his or her parole agent and not
|
associate with
persons who are members of an organized gang |
as that term is defined in the
Illinois
Streetgang |
Terrorism Omnibus Prevention Act;
|
(14) provide true and accurate information, as it |
relates to his or her
adjustment in the
community while on |
parole or mandatory supervised release or to his or her
|
conduct
while incarcerated, in response to inquiries by his |
or her parole agent or of
the
Department of Corrections;
|
(15) follow any specific instructions provided by the |
parole agent that
are consistent
with furthering |
|
conditions set and approved by the Prisoner Review Board or |
by
law,
exclusive of placement on electronic detention, to |
achieve the goals and
objectives of his
or her parole or |
mandatory supervised release or to protect the public. |
These
instructions by the parole agent may be modified at |
any time, as the agent
deems
appropriate;
|
(16) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial minors |
are present, not participate in a holiday event involving |
children under 18 years of age, such as distributing candy |
or other items to children on Halloween, wearing a Santa |
Claus costume on or preceding Christmas, being employed as |
a department store Santa Claus, or wearing an Easter Bunny |
costume on or preceding Easter; |
(17) if convicted of a violation of an order of |
protection under Section 12-30 of the Criminal Code of |
1961, be placed under electronic surveillance as provided |
in Section 5-8A-7 of this Code; and |
(18) comply with the terms and conditions of an order |
of protection issued pursuant to the Illinois Domestic |
Violence Act of 1986; an order of protection issued by the |
court of another state, tribe, or United States territory; |
a no contact order issued pursuant to the Civil No Contact |
Order Act; or a no contact order issued pursuant to the |
|
Stalking No Contact Order Act ; and . |
(19) (18) if convicted of a violation of the |
Methamphetamine Control and Community Protection Act, the |
Methamphetamine
Precursor Control Act, or a |
methamphetamine related offense, be: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate. |
(b) The Board may in addition to other conditions
require |
that the subject:
|
(1) work or pursue a course of study or vocational |
training;
|
(2) undergo medical or psychiatric treatment, or |
treatment
for drug addiction or alcoholism;
|
(3) attend or reside in a facility established for the
|
instruction or residence of persons on probation or parole;
|
(4) support his dependents;
|
(5) (blank);
|
(6) (blank);
|
(7) (blank);
|
(7.5) if convicted for an offense committed on or after |
the effective date of this amendatory Act of the 95th |
General Assembly that would qualify the accused as a child |
|
sex offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961, refrain from communicating with or |
contacting, by means of the Internet, a person who is |
related to the accused and whom the accused reasonably |
believes to be under 18 years of age; for purposes of this |
paragraph (7.5), "Internet" has the meaning ascribed to it |
in Section 16-0.1 of the Criminal Code of 1961; and a |
person is related to the accused if the person is: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(7.6) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) that |
would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's supervising |
agent, a law enforcement officer, or assigned computer |
or information technology specialist, including the |
retrieval and copying of all data from the computer or |
device and any internal or external peripherals and |
|
removal of such information, equipment, or device to |
conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the Board, the Department or the offender's |
supervising agent; and
|
(8) 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; |
or
|
(iv) contribute to his own support at home or in a |
foster
home.
|
(b-1) In addition to the conditions set forth in |
subsections (a) and (b), persons required to register as sex |
offenders pursuant to the Sex Offender Registration Act, upon |
release from the custody of the Illinois Department of |
Corrections, may be required by the Board to comply with the |
following specific conditions of release: |
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender |
|
Registration Act;
|
(3) notify
third parties of the risks that may be |
occasioned by his or her criminal record; |
(4) obtain the approval of an agent of the Department |
of Corrections prior to accepting employment or pursuing a |
course of study or vocational training and notify the |
Department prior to any change in employment, study, or |
training; |
(5) not be employed or participate in any
volunteer |
activity that involves contact with children, except under |
circumstances approved in advance and in writing by an |
agent of the Department of Corrections; |
(6) be electronically monitored for a minimum of 12 |
months from the date of release as determined by the Board;
|
(7) refrain from entering into a designated
geographic |
area except upon terms approved in advance by an agent of |
the Department of Corrections. The terms may include |
consideration of the purpose of the entry, the time of day, |
and others accompanying the person; |
(8) refrain from having any contact, including
written |
or oral communications, directly or indirectly, personally |
or by telephone, letter, or through a third party with |
certain specified persons including, but not limited to, |
the victim or the victim's family without the prior written |
approval of an agent of the Department of Corrections; |
(9) refrain from all contact, directly or
indirectly, |
|
personally, by telephone, letter, or through a third party, |
with minor children without prior identification and |
approval of an agent of the Department of Corrections; |
(10) neither possess or have under his or her
control |
any material that is sexually oriented, sexually |
stimulating, or that shows male or female sex organs or any |
pictures depicting children under 18 years of age nude or |
any written or audio material describing sexual |
intercourse or that depicts or alludes to sexual activity, |
including but not limited to visual, auditory, telephonic, |
or electronic media, or any matter obtained through access |
to any computer or material linked to computer access use; |
(11) not patronize any business providing
sexually |
stimulating or sexually oriented entertainment nor utilize |
"900" or adult telephone numbers; |
(12) 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 an agent of the |
Department of Corrections and immediately report any |
incidental contact with minor children to the Department; |
(13) not possess or have under his or her control
|
certain specified items of contraband related to the |
incidence of sexually offending as determined by an agent |
of the Department of Corrections; |
(14) may be required to provide a written daily log of |
|
activities
if directed by an agent of the Department of |
Corrections; |
(15) comply with all other special conditions
that the |
Department may impose that restrict the person from |
high-risk situations and limit access to potential |
victims; |
(16) take an annual polygraph exam; |
(17) maintain a log of his or her travel; or |
(18) obtain prior approval of his or her parole officer |
before driving alone in a motor vehicle.
|
(c) The conditions under which the parole or mandatory
|
supervised release is to be served shall be communicated to
the |
person in writing prior to his release, and he shall
sign the |
same before release. A signed copy of these conditions,
|
including a copy of an order of protection where one had been |
issued by the
criminal court, shall be retained by the person |
and another copy forwarded to
the officer in charge of his |
supervision.
|
(d) After a hearing under Section 3-3-9, the Prisoner
|
Review Board may modify or enlarge the conditions of parole
or |
mandatory supervised release.
|
(e) The Department shall inform all offenders committed to
|
the Department of the optional services available to them
upon |
release and shall assist inmates in availing themselves
of such |
optional services upon their release on a voluntary
basis. |
(f) (Blank).
|
|
(Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; |
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. |
7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, |
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; |
97-597, eff. 1-1-12; revised 9-14-11.) |
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
|
Sec. 5-3-2. Presentence Report.
|
(a) In felony cases, the presentence
report shall set |
forth:
|
(1) the defendant's history of delinquency or |
criminality,
physical and mental history and condition, |
family situation and
background, economic status, |
education, occupation and personal habits;
|
(2) information about special resources within the |
community
which might be available to assist the |
defendant's rehabilitation,
including treatment centers, |
residential facilities, vocational
training services, |
correctional manpower programs, employment
opportunities, |
special educational programs, alcohol and drug
abuse |
programming, psychiatric and marriage counseling, and |
other
programs and facilities which could aid the |
defendant's successful
reintegration into society;
|
(3) the effect the offense committed has had upon the |
victim or
victims thereof, and any compensatory benefit |
|
that various
sentencing alternatives would confer on such |
victim or victims;
|
(4) information concerning the defendant's status |
since arrest,
including his record if released on his own |
recognizance, or the
defendant's achievement record if |
released on a conditional
pre-trial supervision program;
|
(5) when appropriate, a plan, based upon the personal, |
economic
and social adjustment needs of the defendant, |
utilizing public and
private community resources as an |
alternative to institutional
sentencing;
|
(6) any other matters that the investigatory officer |
deems
relevant or the court directs to be included; and
|
(7) information concerning defendant's eligibility for |
a sentence to a
county impact incarceration program under |
Section 5-8-1.2 of this Code.
|
(b) The investigation shall include a physical and mental
|
examination of the defendant when so ordered by the court. If
|
the court determines that such an examination should be made, |
it
shall issue an order that the defendant submit to |
examination at
such time and place as designated by the court |
and that such
examination be conducted by a physician, |
psychologist or
psychiatrist designated by the court. Such an |
examination may
be conducted in a court clinic if so ordered by |
the court. The
cost of such examination shall be paid by the |
county in which
the trial is held.
|
(b-5) In cases involving felony sex offenses in which the |
|
offender is being considered for probation only or any felony |
offense that is
sexually motivated as defined in the Sex |
Offender Management Board Act in which the offender is being |
considered for probation only, the
investigation shall include |
a sex offender evaluation by an evaluator approved
by the Board |
and conducted in conformance with the standards developed under
|
the Sex Offender Management Board Act. In cases in which the |
offender is being considered for any mandatory prison sentence, |
the investigation shall not include a sex offender evaluation.
|
(c) In misdemeanor, business offense or petty offense |
cases, except as
specified in subsection (d) of this Section, |
when a presentence report has
been ordered by the court, such |
presentence report shall contain
information on the |
defendant's history of delinquency or criminality and
shall |
further contain only those matters listed in any of paragraphs |
(1)
through (6) of subsection (a) or in subsection (b) of this |
Section as are
specified by the court in its order for the |
report.
|
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or |
12-30 of the Criminal
Code of 1961, as amended, the presentence |
report shall set forth
information about alcohol, drug abuse, |
psychiatric, and marriage counseling
or other treatment |
programs and facilities, information on the defendant's
|
history of delinquency or criminality, and shall contain those |
additional
matters listed in any of paragraphs (1) through (6) |
of subsection (a) or in
subsection (b) of this Section as are |
|
specified by the court.
|
(e) Nothing in this Section shall cause the defendant to be
|
held without bail or to have his bail revoked for the purpose
|
of preparing the presentence report or making an examination.
|
(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section |
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. |
7-1-11; revised 9-30-11.)
|
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
|
Sec. 5-4-3. Specimens;
genetic marker groups. |
(a) Any person convicted of, found guilty under the |
Juvenile Court Act of
1987 for, or who received a disposition |
of court supervision for, a qualifying
offense or attempt of a |
qualifying offense, convicted or found guilty of any
offense |
classified as a felony under Illinois law, convicted or found |
guilty of any offense requiring registration under the Sex |
Offender Registration Act, found guilty or given
supervision |
for any offense classified as a felony under the Juvenile Court |
Act
of 1987, convicted or found guilty of, under the Juvenile |
Court Act of 1987, any offense requiring registration under the |
Sex Offender Registration Act, or institutionalized as a |
sexually dangerous person under the Sexually
Dangerous Persons |
Act, or committed as a sexually violent person under the
|
Sexually Violent Persons Commitment Act shall, regardless of |
the sentence or
disposition imposed, be required to submit |
specimens of blood, saliva, or
tissue to the Illinois |
|
Department of State Police in accordance with the
provisions of |
this Section, provided such person is:
|
(1) convicted of a qualifying offense or attempt of a |
qualifying offense
on or after July 1, 1990 and sentenced |
to a term of imprisonment, periodic imprisonment, fine,
|
probation, conditional discharge or any other form of |
sentence, or given a
disposition of court supervision for |
the offense;
|
(1.5) found guilty or given supervision under the |
Juvenile Court Act of
1987 for a qualifying offense or |
attempt of a qualifying offense on or after
January 1, |
1997;
|
(2) ordered institutionalized as a sexually dangerous |
person on or after
July 1, 1990;
|
(3) convicted of a qualifying offense or attempt of a |
qualifying offense
before July 1, 1990
and is presently |
confined as a result of such conviction in any State
|
correctional facility or county jail or is presently |
serving a sentence of
probation, conditional discharge or |
periodic imprisonment as a result of such
conviction;
|
(3.5) convicted or found guilty of any offense |
classified as a felony
under Illinois law or found guilty |
or given supervision for such an offense
under the Juvenile |
Court Act of 1987 on or after August 22, 2002;
|
(4) presently institutionalized as a sexually |
dangerous person or
presently institutionalized as a |
|
person found guilty but mentally ill of a
sexual offense or |
attempt to commit a sexual offense; or
|
(4.5) ordered committed as a sexually violent person on |
or after the
effective date of the Sexually Violent Persons |
Commitment Act.
|
(a-1) Any person incarcerated in
a facility of the Illinois |
Department of Corrections or the Illinois Department of |
Juvenile Justice on or after August 22,
2002, whether for a |
term of years, natural life, or a sentence of death, who has |
not yet submitted a specimen of blood, saliva, or tissue shall |
be required to submit a specimen of blood, saliva, or tissue
|
prior to his or her final discharge, or release on parole or |
mandatory
supervised release, as a
condition of his or her |
parole or mandatory supervised release, or within 6 months from |
August 13, 2009 (the effective date of Public Act 96-426), |
whichever is sooner. A person incarcerated on or after August |
13, 2009 (the effective date of Public Act 96-426) shall be |
required to submit a specimen within 45 days of incarceration, |
or prior to his or her final discharge, or release on parole or |
mandatory supervised release, as a condition of his or her |
parole or mandatory supervised release, whichever is sooner. |
These specimens shall be placed into the State or national DNA |
database, to be used in accordance with other provisions of |
this Section, by the Illinois State Police.
|
(a-2) Any person sentenced to life imprisonment in a |
facility of the Illinois Department of Corrections after the |
|
effective date of this amendatory Act of the 94th General |
Assembly or sentenced to death after the effective date of this |
amendatory Act of the 94th General Assembly shall be required |
to provide a specimen of blood, saliva, or tissue within 45 |
days after sentencing or disposition at a collection site |
designated by the Illinois Department of State Police. Any |
person serving a sentence of life imprisonment in a facility of |
the Illinois Department of Corrections on the effective date of |
this amendatory Act of the 94th General Assembly or any person |
who is under a sentence of death on the effective date of this |
amendatory Act of the 94th General Assembly shall be required |
to provide a specimen of blood, saliva, or tissue upon request |
at a collection site designated by the Illinois Department of |
State Police.
|
(a-3) Any person seeking transfer to or residency in |
Illinois under Sections 3-3-11.05
through 3-3-11.5 of this |
Code, the Interstate Compact
for Adult Offender Supervision, or |
the Interstate Agreements on Sexually
Dangerous Persons Act |
shall be required to provide a specimen of blood, saliva, or |
tissue within 45 days after transfer to or residency in |
Illinois at a collection site designated by the Illinois |
Department of State Police. |
(a-3.1) Any person required by an order of the court to |
submit a DNA specimen shall be required to provide a specimen |
of blood, saliva, or tissue within 45 days after the court |
order at a collection site designated by the Illinois |
|
Department of State Police. |
(a-3.2) On or after January 1, 2012 ( the effective date of |
Public Act 97-383) this amendatory Act of the 97th General |
Assembly , any person arrested for any of the following |
offenses, after an indictment has been returned by a grand |
jury, or following a hearing pursuant to Section 109-3 of the |
Code of Criminal Procedure of 1963 and a judge finds there is |
probable cause to believe the arrestee has committed one of the |
designated offenses, or an arrestee has waived a preliminary |
hearing shall be required to provide a specimen of blood, |
saliva, or tissue within 14 days after such indictment or |
hearing at a collection site designated by the Illinois |
Department of State Police: |
(A) first degree murder; |
(B) home invasion; |
(C) predatory criminal sexual assault
of a child; |
(D) aggravated criminal sexual assault; or |
(E) criminal sexual assault. |
(a-3.3) Any person required to register as a sex offender |
under the Sex Offender Registration Act, regardless of the date |
of conviction as set forth in subsection (c-5.2) shall be |
required to provide a specimen of blood, saliva, or tissue |
within the time period prescribed in subsection (c-5.2) at a |
collection site designated by the Illinois Department of State |
Police. |
(a-5) Any person who was otherwise convicted of or received |
|
a disposition
of court supervision for any other offense under |
the Criminal Code of 1961 or
who was found guilty or given |
supervision for such a violation under the
Juvenile Court Act |
of 1987, may, regardless of the sentence imposed, be
required |
by an order of the court to submit specimens of blood, saliva, |
or
tissue to the Illinois Department of State Police in |
accordance with the
provisions of this Section.
|
(b) Any person required by paragraphs (a)(1), (a)(1.5), |
(a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, |
saliva, or tissue shall provide
specimens of blood, saliva, or |
tissue within 45 days after sentencing or
disposition at a |
collection site designated by the Illinois Department of
State |
Police.
|
(c) Any person required by paragraphs (a)(3), (a)(4), and |
(a)(4.5) to
provide specimens of blood, saliva, or tissue shall |
be required to provide
such specimens prior to final discharge |
or within 6 months from August 13, 2009 (the effective date of |
Public Act 96-426), whichever is sooner. These specimens shall |
be placed into the State or national DNA database, to be used |
in accordance with other provisions of this Act, by the |
Illinois State Police.
|
(c-5) Any person required by paragraph (a-3) to provide |
specimens of
blood, saliva, or tissue shall, where feasible, be |
required to provide the
specimens before being accepted for |
conditioned residency in Illinois under
the interstate compact |
or agreement, but no later than 45 days after arrival
in this |
|
State.
|
(c-5.2) Unless it is determined that a registered sex |
offender has previously submitted a specimen of blood, saliva, |
or tissue that has been placed into the State DNA database, a |
person registering as a sex offender shall be required to |
submit a specimen at the time of his or her initial |
registration pursuant to the Sex Offender Registration Act or, |
for a person registered as a sex offender on or prior to |
January 1, 2012 ( the effective date of Public Act 97-383) this |
amendatory Act of the 97th General Assembly , within one year of |
January 1, 2012 ( the effective date of Public Act 97-383) this |
amendatory Act or at the time of his or her next required |
registration. |
(c-6) The Illinois Department of State Police may determine |
which type of
specimen or specimens, blood, saliva, or tissue, |
is acceptable for submission
to the Division of Forensic |
Services for analysis. The Illinois Department of State Police |
may require the submission of fingerprints from anyone required |
to give a specimen under this Act.
|
(d) The Illinois Department of State Police shall provide |
all equipment
and instructions necessary for the collection of |
blood specimens.
The collection of specimens shall be performed |
in a medically approved
manner. Only a physician authorized to |
practice medicine, a registered
nurse or other qualified person |
trained in venipuncture may withdraw blood
for the purposes of |
this Act. The specimens
shall thereafter be forwarded to the |
|
Illinois Department of State Police,
Division of Forensic |
Services, for analysis and
categorizing into genetic marker |
groupings.
|
(d-1) The Illinois Department of State Police shall provide |
all equipment
and instructions necessary for the collection of |
saliva specimens. The
collection of saliva specimens shall be |
performed in a medically approved manner.
Only a person trained |
in the instructions promulgated by the Illinois State
Police on |
collecting saliva may collect saliva for the purposes of this
|
Section. The specimens shall thereafter be forwarded to the |
Illinois Department
of State Police, Division of Forensic |
Services, for analysis and categorizing
into genetic marker |
groupings.
|
(d-2) The Illinois Department of State Police shall provide |
all equipment
and instructions necessary for the collection of |
tissue specimens. The
collection of tissue specimens shall be |
performed in a medically approved
manner. Only a person trained |
in the instructions promulgated by the Illinois
State Police on |
collecting tissue may collect tissue for the purposes of this
|
Section. The specimens shall thereafter be forwarded to the |
Illinois Department
of State Police, Division of Forensic |
Services, for analysis and categorizing
into genetic marker |
groupings.
|
(d-5) To the extent that funds are available, the Illinois |
Department of
State Police shall contract with qualified |
personnel and certified laboratories
for the collection, |
|
analysis, and categorization of known specimens, except as |
provided in subsection (n) of this Section.
|
(d-6) Agencies designated by the Illinois Department of |
State Police and
the Illinois Department of State Police may |
contract with third parties to
provide for the collection or |
analysis of DNA, or both, of an offender's blood,
saliva, and |
tissue specimens, except as provided in subsection (n) of this |
Section.
|
(e) The genetic marker groupings shall be maintained by the |
Illinois
Department of State Police, Division of Forensic |
Services.
|
(f) The genetic marker grouping analysis information |
obtained pursuant
to this Act shall be confidential and shall |
be released only to peace
officers of the United States, of |
other states or territories, of the
insular possessions of the |
United States, of foreign countries duly
authorized to receive |
the same, to all peace officers of the State of
Illinois and to |
all prosecutorial agencies, and to defense counsel as
provided |
by Section 116-5 of the Code of Criminal Procedure of 1963.
The |
genetic marker grouping analysis information obtained pursuant |
to
this Act shall be used only for (i) valid law enforcement |
identification
purposes and as required by the Federal Bureau |
of Investigation for
participation in the National DNA |
database, (ii) technology
validation
purposes, (iii) a |
population statistics database, (iv) quality
assurance
|
purposes if personally identifying information is removed,
(v) |
|
assisting in the defense of the criminally accused pursuant
to
|
Section 116-5 of the Code of Criminal Procedure of 1963, or |
(vi) identifying and assisting in the prosecution of a person |
who is suspected of committing a sexual assault as defined in |
Section 1a of the Sexual Assault Survivors Emergency Treatment |
Act. Notwithstanding
any other statutory provision to the |
contrary,
all information obtained under this Section shall be |
maintained in a single
State data base, which may be uploaded |
into a national database, and which
information may be subject |
to expungement only as set forth in subsection
(f-1).
|
(f-1) Upon receipt of notification of a reversal of a |
conviction based on
actual innocence, or of the granting of a |
pardon pursuant to Section 12 of
Article V of the Illinois |
Constitution, if that pardon document specifically
states that |
the reason for the pardon is the actual innocence of an |
individual
whose DNA record has been stored in the State or |
national DNA identification
index in accordance with this |
Section by the Illinois Department of State
Police, the DNA |
record shall be expunged from the DNA identification index, and
|
the Department shall by rule prescribe procedures to ensure |
that the record and
any specimens, analyses, or other documents |
relating to such record, whether in
the possession of the |
Department or any law enforcement or police agency, or
any |
forensic DNA laboratory, including any duplicates or copies |
thereof, are
destroyed and a letter is sent to the court |
verifying the expungement is
completed. For specimens required |
|
to be collected prior to conviction, unless the individual has |
other charges or convictions that require submission of a |
specimen, the DNA record for an individual shall be expunged |
from the DNA identification databases and the specimen |
destroyed upon receipt of a certified copy of a final court |
order for each charge against an individual in which the charge |
has been dismissed, resulted in acquittal, or that the charge |
was not filed within the applicable time period. The Department |
shall by rule prescribe procedures to ensure that the record |
and any specimens in the possession or control of the |
Department are destroyed and a letter is sent to the court |
verifying the expungement is completed.
|
(f-5) Any person who intentionally uses genetic marker |
grouping analysis
information, or any other information |
derived from a DNA specimen, beyond the
authorized uses as |
provided under this Section, or any other Illinois law, is
|
guilty of a Class 4 felony, and shall be subject to a fine of |
not less than
$5,000.
|
(f-6) The Illinois Department of State Police may contract |
with third
parties for the purposes of implementing this |
amendatory Act of the 93rd
General Assembly, except as provided |
in subsection (n) of this Section. Any other party contracting |
to carry out the functions of
this Section shall be subject to |
the same restrictions and requirements of this
Section insofar |
as applicable, as the Illinois Department of State Police, and
|
to any additional restrictions imposed by the Illinois |
|
Department of State
Police.
|
(g) For the purposes of this Section, "qualifying offense" |
means any of
the following:
|
(1) any violation or inchoate violation of Section |
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or |
12-16 of the Criminal Code of 1961;
|
(1.1) any violation or inchoate violation of Section |
9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, |
18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which |
persons are convicted on or after July 1, 2001;
|
(2) any former statute of this State which defined a |
felony sexual
offense;
|
(3) (blank);
|
(4) any inchoate violation of Section 9-3.1, 11-9.3, |
12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
|
(5) any violation or inchoate violation of Article 29D |
of the Criminal
Code of 1961.
|
(g-5) (Blank).
|
(h) The Illinois Department of State Police shall be the |
State central
repository for all genetic marker grouping |
analysis information obtained
pursuant to this Act. The |
Illinois Department of State Police may
promulgate rules for |
the form and manner of the collection of blood, saliva,
or |
tissue specimens and other procedures for the operation of this |
Act. The
provisions of the Administrative Review Law shall |
apply to all actions taken
under the rules so promulgated.
|
|
(i) (1) A person required to provide a blood, saliva, or |
tissue specimen
shall
cooperate with the collection of the |
specimen and any deliberate act by
that person intended to |
impede, delay or stop the collection of the blood,
saliva, |
or tissue specimen is a Class 4 felony.
|
(2) In the event that a person's DNA specimen is not |
adequate for any
reason, the person shall provide another |
DNA specimen for analysis. Duly
authorized law
enforcement |
and corrections personnel may employ reasonable force in |
cases in
which an individual refuses to provide a DNA |
specimen required under this
Act.
|
(j) Any person required by subsection (a), or any person |
who was previously required by subsection (a-3.2), to submit |
specimens of blood,
saliva, or tissue to
the Illinois |
Department of State Police for analysis and categorization into
|
genetic marker grouping, in addition to any other disposition, |
penalty, or
fine imposed, shall pay an analysis fee of $250. If |
the analysis fee is not
paid at the time of sentencing, the |
court shall establish a fee schedule by
which the entire amount |
of the analysis fee shall be paid in full, such
schedule not to |
exceed 24 months from the time of conviction. The inability to
|
pay this analysis fee shall not be the sole ground to |
incarcerate the person.
|
(k) All analysis and categorization fees provided for by |
subsection (j)
shall be regulated as follows:
|
(1) The State Offender DNA Identification System Fund |
|
is hereby created as
a special fund in the State Treasury.
|
(2) All fees shall be collected by the clerk of the |
court and forwarded to
the State Offender DNA |
Identification System Fund for deposit. 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.
|
(3) Fees deposited into the State Offender DNA |
Identification System Fund
shall be used by Illinois State |
Police crime laboratories as designated by the
Director of |
State Police. These funds shall be in addition to any |
allocations
made pursuant to existing laws and shall be |
designated for the exclusive use of
State crime |
laboratories. These uses may include, but are not limited |
to, the
following:
|
(A) Costs incurred in providing analysis and |
genetic marker
categorization as required by |
subsection (d).
|
(B) Costs incurred in maintaining genetic marker |
groupings as required
by subsection (e).
|
(C) Costs incurred in the purchase and maintenance |
of equipment for use
in performing analyses.
|
(D) Costs incurred in continuing research and |
development of new
techniques for analysis and genetic |
marker categorization.
|
|
(E) Costs incurred in continuing education, |
training, and professional
development of forensic |
scientists regularly employed by these laboratories.
|
(l) The failure of a person to provide a specimen, or of |
any person or
agency to collect a specimen, shall in no way |
alter
the obligation of the person to submit such specimen, or |
the authority of the
Illinois Department of State Police or |
persons designated by the Department to
collect the specimen, |
or the authority of the Illinois Department of State
Police to |
accept, analyze and maintain the specimen or to maintain or |
upload
results of genetic marker grouping analysis information |
into a State or
national database.
|
(m) If any provision of this amendatory Act of the 93rd |
General Assembly
is
held unconstitutional or otherwise |
invalid, the remainder of this amendatory
Act
of the 93rd |
General Assembly is not affected.
|
(n) Neither the Department of State Police, the Division of |
Forensic Services, nor any laboratory of the Division of |
Forensic Services may contract out forensic testing for the |
purpose of an active investigation or a matter pending before a |
court of competent jurisdiction without the written consent of |
the prosecuting agency. For the purposes of this subsection |
(n), "forensic testing" includes the analysis of physical |
evidence in an investigation or other proceeding for the |
prosecution of a violation of the Criminal Code of 1961 or for |
matters adjudicated under the Juvenile Court Act of 1987, and |
|
includes the use of forensic databases and databanks, including |
DNA, firearm, and fingerprint databases, and expert testimony. |
(o) Mistake does not invalidate a database match. The |
detention, arrest, or conviction of a person based upon a |
database match or database information is not invalidated if it |
is determined that the specimen was obtained or placed in the |
database by mistake. |
(p) This Section may be referred to as the Illinois DNA |
Database Law of 2011. |
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; |
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-383, eff. |
1-1-12; revised 9-14-11.)
|
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
Sec. 5-5-3. Disposition.
|
(a) (Blank).
|
(b) (Blank).
|
(c) (1) (Blank).
|
(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:
|
(A) First degree murder where the death penalty is |
|
not imposed.
|
(B) Attempted first degree murder.
|
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
|
Illinois Controlled Substances Act, or a violation of |
subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 |
of that Act which relates to more than 5 grams of a |
substance
containing heroin, cocaine, fentanyl, 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, |
including any state or federal conviction for an |
offense that contained, at the time it was committed, |
the same elements as an offense now (the date of the |
offense committed after the prior Class 2 or greater |
felony) classified as 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.
|
(F-5) A violation of Section 24-1, 24-1.1, or |
24-1.6 of the Criminal Code of 1961 for which |
imprisonment is prescribed in those Sections.
|
|
(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 as |
described in Section 12-4.6 or subdivision (a)(4) of |
Section 12-3.05.
|
(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 or 12-6.5 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.
|
(U) A second or subsequent violation of Section |
6-303 of the Illinois Vehicle Code committed while his |
or her driver's license, permit, or privilege was |
revoked because of a violation of Section 9-3 of the |
Criminal Code of 1961, relating to the offense of |
reckless homicide, or a similar provision of a law of |
another state.
|
(V)
A violation of paragraph (4) of subsection (c) |
of Section 11-20.1B or paragraph (4) of subsection (c) |
of Section 11-20.3 of the Criminal Code of 1961. |
|
(W) A violation of Section 24-3.5 of the Criminal |
Code of 1961.
|
(X) A violation of subsection (a) of Section 31-1a |
of the Criminal Code of 1961. |
(Y) A conviction for unlawful possession of a |
firearm by a street gang member when the firearm was |
loaded or contained firearm ammunition. |
(Z) A Class 1 felony committed while he or she was |
serving a term of probation or conditional discharge |
for a felony. |
(AA) Theft of property exceeding $500,000 and not |
exceeding $1,000,000 in value. |
(BB) Laundering of criminally derived property of |
a value exceeding
$500,000. |
(CC) Knowingly selling, offering for sale, holding |
for sale, or using 2,000 or more counterfeit items or |
counterfeit items having a retail value in the |
aggregate of $500,000 or more. |
(DD) A conviction for aggravated assault under |
paragraph (6) of subsection (c) of Section 12-2 of the |
Criminal Code of 1961 if the firearm is aimed toward |
the person against whom the firearm is being used.
|
(3) (Blank).
|
(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 paragraphs (4.3) and (4.8) |
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 paragraphs
(4.5), (4.6), |
and (4.9) 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) Except as provided in paragraph (4.10) of this |
subsection (c), 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.
|
(4.7) A minimum term of imprisonment of not less than |
30 consecutive days, or 300 hours of community service, |
|
shall be imposed for a violation of subsection (a-5) of |
Section 6-303 of the Illinois Vehicle Code, as provided in |
subsection (b-5) of that Section.
|
(4.8) A mandatory prison sentence shall be imposed for |
a second violation of subsection (a-5) of Section 6-303 of |
the Illinois Vehicle Code, as provided in subsection (c-5) |
of that Section. The person's driving privileges shall be |
revoked for a period of not less than 5 years from the date |
of his or her release from prison.
|
(4.9) A mandatory prison sentence of not less than 4 |
and not more than 15 years shall be imposed for a third |
violation of subsection (a-5) of Section 6-303 of the |
Illinois Vehicle Code, as provided in subsection (d-2.5) of |
that Section. The person's driving privileges shall be |
revoked for the remainder of his or her life.
|
(4.10) A mandatory prison sentence for a Class 1 felony |
shall be imposed, and the person shall be eligible for an |
extended term sentence, for a fourth or subsequent |
violation of subsection (a-5) of Section 6-303 of the |
Illinois Vehicle Code, as provided in subsection (d-3.5) of |
that Section. The person's driving privileges shall be |
revoked for the remainder of his or her life.
|
(5) The court may sentence a corporation or |
unincorporated
association convicted of any offense to:
|
(A) a period of conditional discharge;
|
(B) a fine;
|
|
(C) make restitution to the victim under Section |
5-5-6 of this Code.
|
(5.1) In addition to any other penalties imposed, 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 other penalties imposed, 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 other penalties imposed, 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.
|
(5.4) In addition to any other penalties imposed, a |
person convicted of violating Section 3-707 of the Illinois |
Vehicle Code shall have his or her driver's license, |
permit, or privileges suspended for 3 months and until he |
|
or she has paid a reinstatement fee of $100. |
(5.5) In addition to any other penalties imposed, a |
person convicted of violating Section 3-707 of the Illinois |
Vehicle Code during a period in which his or her driver's |
license, permit, or privileges were suspended for a |
previous violation of that Section shall have his or her |
driver's license, permit, or privileges suspended for an |
additional 6 months after the expiration of the original |
3-month suspension and until he or she has paid a |
reinstatement fee of $100.
|
(6) (Blank).
|
(7) (Blank).
|
(8) (Blank).
|
(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) 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.
|
(13) A person convicted of or placed on court |
supervision for an assault or aggravated assault when the |
victim and the offender are family or household members as |
defined in Section 103 of the Illinois Domestic Violence |
Act of 1986 or convicted of domestic battery or aggravated |
domestic battery may be required to attend a Partner Abuse |
Intervention Program under protocols set forth by the |
Illinois Department of Human Services under such terms and |
conditions imposed by the court. The costs of such classes |
shall be paid by the offender.
|
(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 11-1.60 or 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 |
|
11-0.1 of the Criminal Code of
1961.
|
(f) (Blank).
|
(g) Whenever a defendant is convicted of an offense under |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
11-14.3, 11-14.4 except for an offense that involves keeping a |
place of juvenile prostitution, 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 12-5.01 or 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 12-5.01 or |
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 |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
11-11, 11-14, 11-14.3, 11-14.4, 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, |
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 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,
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, 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) (Blank).
|
(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,
|
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, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, 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. |
(o) Whenever a person is convicted of a sex offense as |
|
defined in Section 2 of the Sex Offender Registration Act, the |
defendant's driver's license or permit shall be subject to |
renewal on an annual basis in accordance with the provisions of |
license renewal established by the Secretary of State.
|
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; |
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article |
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, |
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
97-159, eff. 7-21-11; revised 9-14-11.)
|
(730 ILCS 5/5-5-3.2)
|
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term |
Sentencing.
|
(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 or Article 4.5 of Chapter V:
|
(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 11-0.1 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 |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a place |
|
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 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, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), 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, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 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, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), 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, the |
Specialized Mental Health Rehabilitation Act, or the ID/DD |
Community Care Act;
|
(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; |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code of |
1961 or the offense of driving under the influence of |
alcohol, other drug or
drugs, intoxicating compound or |
compounds or any combination thereof under Section 11-501 |
of the Illinois Vehicle Code or a similar provision of a |
local ordinance and (ii) was operating a motor vehicle in |
excess of 20 miles per hour over the posted speed limit as |
provided in Article VI of Chapter 11 of the Illinois |
Vehicle Code;
|
(21) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed Forces |
of the United States, including a member of any reserve |
component thereof or National Guard unit called to active |
|
duty;
|
(23)
the defendant committed the offense against a |
person who was elderly, disabled, or infirm by taking |
advantage of a family or fiduciary relationship with the |
elderly, disabled, or infirm person;
|
(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 and possessed 100 or |
more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context and specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.3 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context; or |
(27) the defendant committed the offense of first |
|
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit. |
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.
|
"Public transportation" means the transportation
or |
conveyance of persons by means available to the general public, |
and includes paratransit services. |
|
(b) The following factors, related to all felonies, 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 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
|
(4) 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
|
(5) 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
|
(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight attached |
to it. For purposes of this paragraph, "laser sight"
has |
the meaning ascribed to it in Section 24.6-5 of the |
Criminal Code of
1961; or
|
(7) 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
|
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged.
|
(c) The following factors may be considered by the court as |
reasons to impose an extended term sentence under Section 5-8-2 |
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
(1) 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 (730 ILCS 5/5-5-3), when that conviction has occurred |
within 10 years after the previous conviction, excluding |
time spent in custody, and the charges are separately |
brought and tried and arise out of different series of |
acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
|
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) 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. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding 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. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS |
|
5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony violation |
of Section 24-1 of the Criminal Code of 1961 (720 ILCS |
5/24-1) and there is a finding that the defendant is a |
member of an organized gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 |
(720 ILCS 5/24-1) 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 (720 ILCS |
5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), 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, "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.
|
(d) 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.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 12-13, 12-14, |
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the |
victim of the offense is under 18 years of age at the time of |
the commission of the offense and, during the commission of the |
offense, the victim was under the influence of alcohol, |
regardless of whether or not the alcohol was supplied by the |
offender; and the offender, at the time of the commission of |
the offense, knew or should have known that the victim had |
consumed alcohol. |
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, |
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. |
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, |
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, |
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.) |
(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 where the offense is a felony or, if a |
misdemeanor, the offense involved the intentional or |
knowing infliction of bodily harm or threat of bodily harm;
|
(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 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, 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;
|
(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing at |
the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders; |
(8.7) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961, refrain from communicating with or contacting, by |
means of the Internet, a person who is not related to the |
|
accused and whom the accused reasonably believes to be |
under 18 years of age; for purposes of this paragraph |
(8.7), "Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 1961; and a person is not |
related to the accused if the person is not: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(8.8) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961, or any attempt to commit any |
of these offenses, committed on or after June 1, 2009 (the |
effective date of Public Act 95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
|
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; |
(8.9) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after January |
1, 2010 (the effective date of Public Act 96-262), refrain |
from accessing or using a social networking website as |
defined in Section 17-0.5 of the Criminal Code of 1961;
|
(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;
|
(10) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial minors |
|
are present, not participate in a holiday event involving |
children under 18 years of age, such as distributing candy |
or other items to children on Halloween, wearing a Santa |
Claus costume on or preceding Christmas, being employed as |
a department store Santa Claus, or wearing an Easter Bunny |
costume on or preceding Easter; |
(11) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed on |
or after January 1, 2010 (the effective date of Public Act |
96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any computer |
scrub software on any computer that the sex offender uses; |
and |
(12) if convicted of a violation of the Methamphetamine |
Control and Community Protection Act, the Methamphetamine
|
Precursor Control Act, or a methamphetamine related |
offense: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate. |
(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 probation and court |
services fund.
|
(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, (i) to a |
"local anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses under |
the jurisdiction of the Department of Natural Resources, to |
the fund established by the Department of Natural Resources |
for the purchase of evidence for investigation purposes and |
to conduct investigations as outlined in Section 805-105 of |
the Department of Natural Resources (Conservation) Law;
|
(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, 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) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961, refrain from communicating with or contacting, by |
means of the Internet, a person who is related to the |
accused and whom the accused reasonably believes to be |
under 18 years of age; for purposes of this paragraph (17), |
|
"Internet" has the meaning ascribed to it in Section 16-0.1 |
of the Criminal Code of 1961; and a person is related to |
the accused if the person is: (i) the spouse, brother, or |
sister of the accused; (ii) a descendant of the accused; |
(iii) a first or second cousin of the accused; or (iv) a |
step-child or adopted child of the accused; |
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) that |
would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
|
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
subject's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; and |
(19) refrain from possessing a firearm or other |
dangerous weapon where the offense is a misdemeanor that |
did not involve the intentional or knowing infliction of |
bodily harm or threat of bodily harm. |
(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.
|
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.
The probation department within |
the circuit to which jurisdiction has been transferred may |
impose probation fees upon receiving the transferred offender, |
as provided in subsection (i). The probation department from |
the original sentencing court shall retain all probation fees |
collected prior to the transfer.
|
(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 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 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. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
|
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate compact, |
shall be required to pay probation fees to the department |
supervising the offender, based on the offender's ability to |
pay.
|
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.
|
(l) The court may order an offender who is sentenced to |
probation or conditional
discharge for a violation of an order |
of protection be placed under electronic surveillance as |
provided in Section 5-8A-7 of this Code. |
(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; |
96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. |
7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, |
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; |
revised 9-14-11.)
|
(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,
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, (i) to a |
"local anti-crime program", as defined
in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses under |
the jurisdiction of the Department of Natural Resources, to |
the fund established by the Department of Natural Resources |
for the purchase of evidence for investigation purposes and |
to conduct investigations as outlined in Section 805-105 of |
the Department of Natural Resources (Conservation) Law;
|
(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, 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; and
|
(18) if placed on supervision for a sex offense as |
defined in subsection (a-5) of Section 3-1-2 of this Code, |
unless the offender is a parent or guardian of the person |
under 18 years of age present in the home and no |
non-familial minors are present, not participate in a |
holiday event involving
children
under 18 years of age, |
such as distributing candy or other items to children on
|
Halloween,
wearing a Santa Claus costume on or preceding |
|
Christmas, being employed as a
department store Santa |
Claus, or wearing an Easter Bunny costume on or
preceding
|
Easter. |
(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, 16-25,
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 clause (a)(1)(L) of |
Section 5.2 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 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. |
|
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. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate compact, |
shall be required to pay probation fees to the department |
supervising the offender, based on the offender's ability to |
pay.
|
(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 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 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 |
3 years 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.
|
(o) An offender placed on supervision for a sex offense as |
defined in the Sex Offender
Management Board Act shall refrain |
from residing at the same address or in the same condominium |
unit or apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has been |
placed on supervision for a sex offense. The provisions of this |
subsection (o) do not apply to a person convicted of a sex |
offense who is placed in a Department of Corrections licensed |
transitional housing facility for sex offenders. |
(p) An offender placed on supervision for an offense |
committed on or after June 1, 2008
(the effective date of |
Public Act 95-464)
that would qualify the accused as a child |
sex offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 shall refrain from communicating with or |
contacting, by means of the Internet, a person who is not |
related to the accused and whom the accused reasonably believes |
to be under 18 years of age. For purposes of this subsection |
(p), "Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 1961; and a person is not |
related to the accused if the person is not: (i) the spouse, |
brother, or sister of the accused; (ii) a descendant of the |
accused; (iii) a first or second cousin of the accused; or (iv) |
a step-child or adopted child of the accused.
|
|
(q) An offender placed on supervision for an offense |
committed on or after June 1, 2008
(the effective date of |
Public Act 95-464)
that would qualify the accused as a child |
sex offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 shall, if so ordered by the court, |
refrain from communicating with or contacting, by means of the |
Internet, a person who is related to the accused and whom the |
accused reasonably believes to be under 18 years of age. For |
purposes of this subsection (q), "Internet" has the meaning |
ascribed to it in Section 16-0.1 of the Criminal Code of 1961; |
and a person is related to the accused if the person is: (i) |
the spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin of |
the accused; or (iv) a step-child or adopted child of the |
accused.
|
(r) An offender placed on supervision for an offense under |
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961, or any attempt to commit |
any of these offenses, committed on or after the effective date |
of this amendatory Act of the 95th General Assembly shall: |
(i) not access or use a computer or any other device |
with Internet capability without the prior written |
approval of the court, except in connection with the |
offender's employment or search for employment with the |
prior approval of the court; |
|
(ii) submit to periodic unannounced examinations of |
the offender's computer or any other device with Internet |
capability by the offender's probation officer, a law |
enforcement officer, or assigned computer or information |
technology specialist, including the retrieval and copying |
of all data from the computer or device and any internal or |
external peripherals and removal of such information, |
equipment, or device to conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a computer or |
any other device with Internet capability imposed by the |
court. |
(s) An offender placed on supervision for an offense that |
is a sex offense as defined in Section 2 of the Sex Offender |
Registration Act that is committed on or after January 1, 2010 |
(the effective date of Public Act 96-362) that requires the |
person to register as a sex offender under that Act, may not |
knowingly use any computer scrub software on any computer that |
the sex offender uses. |
(t) An offender placed on supervision for a sex offense as |
defined in the Sex Offender
Registration Act committed on or |
after January 1, 2010 (the effective date of Public Act 96-262) |
|
shall refrain from accessing or using a social networking |
website as defined in Section 17-0.5 of the Criminal Code of |
1961. |
(u) 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. The probation department within |
the circuit to which jurisdiction has been transferred may |
impose probation fees upon receiving the transferred offender, |
as provided in subsection (i). The probation department from |
the original sentencing court shall retain all probation fees |
collected prior to the transfer. |
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, |
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; |
96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article |
10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, |
eff. 1-1-12; revised 9-14-11.)
|
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
|
Sec. 5-8-1. Natural life imprisonment; enhancements for |
use of a firearm; mandatory supervised release terms.
|
(a) Except as otherwise provided in the statute defining |
the offense or in Article 4.5 of Chapter V, a
sentence of |
imprisonment for a felony shall be a determinate sentence set |
|
by
the court under this Section, according to the following |
limitations:
|
(1) for first degree murder,
|
(a) (blank),
|
(b) if a trier of fact finds beyond a reasonable
|
doubt that the murder was accompanied by exceptionally
|
brutal or heinous behavior indicative of wanton |
cruelty or, except as set forth
in subsection (a)(1)(c) |
of this Section, that any of the aggravating factors
|
listed in subsection (b) or (b-5) of Section 9-1 of the |
Criminal Code of 1961 are
present, the court may |
sentence the defendant to a term of natural life
|
imprisonment, or
|
(c) the court shall sentence the defendant to a |
term of natural life
imprisonment when the death |
penalty is not imposed if the defendant,
|
(i) has previously been convicted of first |
degree murder under
any state or federal law, or
|
(ii) is a person who, at the time of the |
commission of the murder,
had attained the age of |
17 or more and is found guilty of murdering an
|
individual under 12 years of age; or, irrespective |
of the defendant's age at
the time of the |
commission of the offense, is found guilty of |
murdering more
than one victim, or
|
(iii) is found guilty of murdering a peace |
|
officer, fireman, or emergency management worker |
when
the peace officer, fireman, or emergency |
management worker was killed in the course of |
performing his
official duties, or to prevent the |
peace officer or fireman from
performing his |
official duties, or in retaliation for the peace |
officer,
fireman, or emergency management worker |
from performing his official duties, and the |
defendant knew or should
have known that the |
murdered individual was a peace officer, fireman, |
or emergency management worker, or
|
(iv) is found guilty of murdering an employee |
of an institution or
facility of the Department of |
Corrections, or any similar local
correctional |
agency, when the employee was killed in the course |
of
performing his official duties, or to prevent |
the employee from performing
his official duties, |
or in retaliation for the employee performing his
|
official duties, or
|
(v) is found guilty of murdering an emergency |
medical
technician - ambulance, emergency medical |
technician - intermediate, emergency
medical |
technician - paramedic, ambulance driver or other |
medical assistance or
first aid person while |
employed by a municipality or other governmental |
unit
when the person was killed in the course of |
|
performing official duties or
to prevent the |
person from performing official duties or in |
retaliation
for performing official duties and the |
defendant knew or should have known
that the |
murdered individual was an emergency medical |
technician - ambulance,
emergency medical |
technician - intermediate, emergency medical
|
technician - paramedic, ambulance driver, or other |
medical
assistant or first aid personnel, or
|
(vi) is a person who, at the time of the |
commission of the murder,
had not attained the age |
of 17, and is found guilty of murdering a person |
under
12 years of age and the murder is committed |
during the course of aggravated
criminal sexual |
assault, criminal sexual assault, or aggravated |
kidnaping,
or
|
(vii) is found guilty of first degree murder |
and the murder was
committed 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.
|
For purposes of clause (v), "emergency medical |
technician - ambulance",
"emergency medical technician - |
|
intermediate", "emergency medical technician -
|
paramedic", have the meanings ascribed to them in the |
Emergency Medical
Services (EMS) Systems Act.
|
(d) (i) if the person committed the offense while |
armed with a
firearm, 15 years shall be added to |
the term of imprisonment imposed by the
court;
|
(ii) if, during the commission of the offense, |
the person
personally discharged a firearm, 20 |
years shall be added to the term of
imprisonment |
imposed by the court;
|
(iii) if, during the commission of the |
offense, the person
personally discharged a |
firearm that proximately caused great bodily harm,
|
permanent disability, permanent disfigurement, or |
death to another person, 25
years or up to a term |
of natural life shall be added to the term of
|
imprisonment imposed by the court.
|
(2) (blank);
|
(2.5) for a person convicted under the circumstances |
described in subdivision (b)(1)(B) of Section 11-1.20 or
|
paragraph (3) of subsection (b) of Section 12-13, |
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of |
subsection
(d) of Section 12-14, subdivision (b)(1.2) of |
Section 11-1.40 or paragraph (1.2) of subsection (b) of
|
Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or |
paragraph (2) of subsection (b) of Section 12-14.1
of the |
|
Criminal Code of 1961, the sentence shall be a term of |
natural life
imprisonment.
|
(b) (Blank).
|
(c) (Blank).
|
(d) Subject to
earlier termination under Section 3-3-8, the |
parole or mandatory
supervised release term shall be written as |
part of the sentencing order and shall be as follows:
|
(1) for first degree murder or a Class X felony except |
for the offenses of predatory criminal sexual assault of a |
child, aggravated criminal sexual assault, and criminal |
sexual assault if committed on or after the effective date |
of this amendatory Act of the 94th General Assembly and |
except for the offense of aggravated child pornography |
under Section 11-20.1B or 11-20.3 of the Criminal Code of |
1961, if committed on or after January 1, 2009, 3 years;
|
(2) for a Class 1 felony or a Class 2 felony except for |
the offense of criminal sexual assault if committed on or |
after the effective date of this amendatory Act of the 94th |
General Assembly and except for the offenses of manufacture |
and dissemination of child pornography under clauses |
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
of 1961, if committed on or after January 1, 2009, 2 years;
|
(3) for a Class 3 felony or a Class 4 felony, 1 year;
|
(4) for defendants who commit the offense of predatory |
criminal sexual assault of a child, aggravated criminal |
sexual assault, or criminal sexual assault, on or after the |
|
effective date of this amendatory Act of the 94th General |
Assembly, or who commit the offense of aggravated child |
pornography, manufacture of child pornography, or |
dissemination of child pornography after January 1, 2009, |
the term of mandatory supervised release shall range from a |
minimum of 3 years to a maximum of the natural life of the |
defendant;
|
(5) if the victim is under 18 years of age, for a |
second or subsequent
offense of aggravated criminal sexual |
abuse or felony criminal sexual abuse,
4 years, at least |
the first 2 years of which the defendant shall serve in an
|
electronic home detention program under Article 8A of |
Chapter V of this Code;
|
(6) for a felony domestic battery, aggravated domestic |
battery, stalking, aggravated stalking, and a felony |
violation of an order of protection, 4 years. |
(e) (Blank).
|
(f) (Blank).
|
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. |
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised |
9-14-11.)
|
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
Sec. 5-8-4. Concurrent and consecutive terms of |
imprisonment.
|
|
(a) Concurrent terms; multiple or additional sentences. |
When an Illinois court (i) imposes multiple sentences of |
imprisonment on a defendant at the same time or (ii) imposes a |
sentence of imprisonment on a defendant who is already subject |
to a sentence of imprisonment imposed by an Illinois court, a |
court of another state, or a federal court, then the sentences |
shall run concurrently unless otherwise determined by the |
Illinois court under this Section. |
(b) Concurrent terms; misdemeanor and felony. A defendant |
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. |
(c) Consecutive terms; permissive. The court may impose |
consecutive sentences in any of the following circumstances: |
(1) If, having regard to the nature and circumstances |
of the offense and the history
and character of the |
defendant, it is the opinion of the court 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. |
(2) If one of the offenses for which a defendant was |
convicted was a violation of
Section 32-5.2 (aggravated |
false personation of a peace officer) of the Criminal Code |
of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
|
(b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS |
5/17-2) and the offense was committed in attempting or |
committing a forcible felony.
|
(d) Consecutive terms; mandatory. The court shall impose |
consecutive sentences in each of the following circumstances: |
(1) One of the offenses for which the defendant was |
convicted was first degree
murder or a Class X or Class 1 |
felony and the defendant inflicted severe bodily injury. |
(2) The defendant was convicted of a violation of |
Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 |
(aggravated child pornography), 11-1.20 or 12-13 (criminal |
sexual
assault), 11-1.30 or 12-14 (aggravated criminal |
sexual assault), or 11-1.40 or 12-14.1 (predatory criminal |
sexual assault of a child) of the Criminal Code of 1961 |
(720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, |
5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1). |
(3) The defendant was convicted of armed violence based |
upon the predicate
offense of any of the following: |
solicitation of murder, solicitation of murder for hire, |
heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05, aggravated battery |
of a senior citizen as described in Section 12-4.6 or |
subdivision (a)(4) of Section 12-3.05, criminal sexual |
assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control Act (720 ILCS 550/5), cannabis |
trafficking, a violation of subsection (a) of Section 401 |
|
of the Illinois Controlled Substances Act (720 ILCS |
570/401), controlled substance trafficking involving a |
Class X felony amount of controlled substance under Section |
401 of the Illinois Controlled Substances Act (720 ILCS |
570/401), a violation of the Methamphetamine Control and |
Community Protection Act (720 ILCS 646/), calculated |
criminal drug conspiracy, or streetgang criminal drug |
conspiracy. |
(4) 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 of the |
Illinois Vehicle Code (625 ILCS 5/11-401) 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 (625 ILCS 5/11-501), (B) reckless |
homicide under Section 9-3 of the Criminal Code of 1961 |
(720 ILCS 5/9-3), or (C) both an offense described in item |
(A) and an offense described in item (B). |
(5) 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 (720 ILCS 5/9-3.1 or 5/12-20.5). |
(5.5) The defendant was convicted of a violation of |
Section 24-3.7 (use of a stolen firearm in the commission |
of an offense) of the Criminal Code of 1961. |
|
(6) If the defendant was in the custody of the |
Department of Corrections at the
time of the commission of |
the offense, the sentence shall be served consecutive to |
the sentence under which the defendant is held by the |
Department of Corrections. If, however, the defendant is |
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 the defendant may be held by |
the Department. |
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
for escape or attempted escape shall be served
consecutive |
to the terms under which the offender is held by the |
Department of Corrections. |
(8) If a person charged with a felony commits a |
separate felony while on pretrial
release or in pretrial |
detention in a county jail facility or county detention |
facility, then the sentences imposed upon conviction of |
these felonies shall be served consecutively regardless of |
the order in which the judgments of conviction are entered. |
(8.5) If a person commits a battery against a county |
correctional officer or sheriff's employee while serving a |
sentence or in pretrial detention in a county jail |
facility, then the sentence imposed upon conviction of the |
battery shall be served consecutively with the sentence |
imposed upon conviction of the earlier misdemeanor or |
felony, regardless of the order in which the
judgments of |
|
conviction are entered. |
(9) 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, then 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.
|
(10) If a person is found to be in possession of an |
item of contraband, as defined in clause (c)(2) of Section |
31A-1.1 of the Criminal Code of 1961, while serving a |
sentence in a county jail or while in pre-trial detention |
in a county jail, the sentence imposed upon conviction for |
the offense of possessing contraband in a penal institution |
shall be served consecutively to the sentence imposed for |
the offense in which the person is serving sentence in the |
county jail or serving pretrial detention, regardless of |
the order in which the judgments of conviction are entered. |
(11) If a person is sentenced for a violation of bail |
bond under Section 32-10 of the Criminal Code of 1961, any |
sentence imposed for that violation shall be served
|
consecutive to the sentence imposed for the charge for |
which bail had been
granted and with respect to which the |
defendant has been convicted. |
(e) Consecutive terms; subsequent non-Illinois term. If an |
|
Illinois court has imposed a
sentence of imprisonment on a |
defendant and the defendant is subsequently sentenced to a term |
of imprisonment by a court of another state or a federal court, |
then the Illinois sentence shall run consecutively to the |
sentence imposed by the court of the other state or the federal |
court. That same Illinois court, however, may order that the |
Illinois sentence run concurrently with the sentence imposed by |
the court of the other state or the federal court, but only if |
the defendant applies to that same Illinois court within 30 |
days after the sentence imposed by the court of the other state |
or the federal court is finalized. |
(f) Consecutive terms; aggregate maximums and minimums. |
The aggregate maximum
and aggregate minimum of consecutive |
sentences shall be determined as follows: |
(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 (730 ILCS 5/5-8-1) or Article 4.5 of |
Chapter V 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 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
V 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 Article 4.5 of Chapter V 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.
|
(g) Consecutive terms; manner served. 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 defendant as though he or she |
had been committed for a single term subject to each of the |
following: |
(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 subsection (f) of this Section. |
|
(2) The parole or mandatory supervised release term |
shall be as provided in
paragraph (e) of Section 5-4.5-50 |
(730 ILCS 5/5-4.5-50) 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 subsection |
(f) of this Section. |
(4) The defendant 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 |
(730 ILCS 5/3-6-3).
|
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. |
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, |
Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11; |
revised 9-14-11.)
|
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
|
Sec. 5-9-1.7. Sexual assault fines.
|
(a) Definitions. The terms used in this Section shall have |
the following
meanings ascribed to them:
|
(1) "Sexual assault" means the commission or attempted |
commission of
the following: sexual exploitation of a |
|
child, criminal sexual assault, predatory criminal sexual |
assault of
a child, aggravated criminal sexual assault,
|
criminal sexual abuse, aggravated criminal sexual abuse, |
indecent
solicitation of a child, public indecency, sexual |
relations within
families, promoting juvenile |
prostitution, soliciting for a juvenile prostitute, |
keeping a place of juvenile
prostitution, patronizing a |
juvenile prostitute, juvenile pimping,
exploitation of a |
child, obscenity, child pornography,
aggravated child |
pornography, harmful material,
or ritualized abuse of a |
child, as those offenses are defined in the Criminal Code |
of 1961.
|
(2) "Family member" shall have the meaning ascribed to |
it in Section 11-0.1
12-12 of the Criminal Code of 1961.
|
(3) "Sexual assault organization" means any |
not-for-profit organization
providing comprehensive, |
community-based services to victims of sexual assault.
|
"Community-based services" include, but are not limited |
to, direct crisis
intervention through a 24-hour response, |
medical and legal advocacy,
counseling, information and |
referral services, training, and community
education.
|
(b) Sexual assault fine; collection by clerk.
|
(1) In addition to any other penalty imposed, a fine of |
$200 shall be
imposed upon any person who pleads guilty or |
who is convicted of, or who
receives a disposition of court |
supervision for, a sexual assault or attempt
of a sexual |
|
assault. Upon request of the victim or the victim's
|
representative, the court shall determine whether the fine |
will impose an
undue burden on the victim of the offense. |
For purposes of this paragraph,
the defendant may not be |
considered the victim's representative. If the
court finds |
that the fine would impose an undue burden on the victim, |
the
court may reduce or waive the fine. The court shall |
order that the
defendant may not use funds belonging solely |
to the victim of the offense
for payment of the fine.
|
(2) Sexual assault fines shall be assessed by the court |
imposing the
sentence and shall be collected by the circuit |
clerk. The circuit clerk
shall retain 10% of the penalty to |
cover the costs involved in
administering and enforcing |
this Section. The circuit clerk shall remit
the remainder |
of each fine within one month of its receipt to the State
|
Treasurer for deposit as follows:
|
(i) for family member offenders, one-half to the |
Sexual Assault
Services Fund, and one-half to the |
Domestic Violence Shelter and Service
Fund; and
|
(ii) for other than family member offenders, the |
full amount to the
Sexual Assault Services Fund.
|
(c) Sexual Assault Services Fund; administration. There is |
created a
Sexual Assault Services Fund. Moneys deposited into |
the Fund under this
Section shall be appropriated to the |
Department of Public Health. Upon
appropriation of moneys from |
the Sexual Assault Services Fund, the Department
of Public |
|
Health shall make grants of these moneys from the Fund to |
sexual
assault organizations with whom the Department has |
contracts for the purpose of
providing community-based |
services to victims of sexual assault. Grants made
under this |
Section are in addition to, and are not substitutes for, other
|
grants authorized and made by the Department.
|
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11; |
revised 10-12-11.)
|
Section 15-70. The Sex Offender Registration Act is amended |
by changing Sections 2 and 3 as follows:
|
(730 ILCS 150/2) (from Ch. 38, par. 222)
|
Sec. 2. Definitions.
|
(A) As used in this Article, "sex offender" means any |
person who is:
|
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a sex |
offense set forth
in subsection (B) of this Section or the |
attempt to commit an included sex
offense, and:
|
(a) is convicted of such offense or an attempt to |
commit such offense;
or
|
(b) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or
|
(c) is found not guilty by reason of insanity |
|
pursuant to Section
104-25(c) of the Code of Criminal |
Procedure of 1963 of such offense or an
attempt to |
commit such offense; or
|
(d) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to Section |
104-25(a) of the Code of Criminal
Procedure of 1963 for |
the alleged commission or attempted commission of such
|
offense; or
|
(e) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to Section |
104-25(c) of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
|
(f) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to Section |
104-25(a) of the Code of Criminal Procedure
of 1963 for |
the alleged violation or attempted commission of such |
offense;
or
|
(2) certified as a sexually dangerous person pursuant |
to the Illinois
Sexually Dangerous Persons Act, or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
|
(3) subject to the provisions of Section 2 of the |
Interstate
Agreements on Sexually Dangerous Persons Act; |
or
|
(4) found to be a sexually violent person pursuant to |
the Sexually
Violent Persons Commitment Act or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(5) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in item (B), (C), or (C-5) of this Section or a
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in item (B), (C), or (C-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law.
|
Convictions that result from or are connected with the same |
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Article as one conviction. |
Any conviction set aside pursuant to law is
not a conviction |
for purposes of this Article.
|
For purposes of this Section, "convicted" shall have the |
|
same meaning as
"adjudicated".
|
(B) As used in this Article, "sex offense" means:
|
(1) A violation of any of the following Sections of the |
Criminal Code of
1961:
|
11-20.1 (child pornography),
|
11-20.1B or 11-20.3 (aggravated child |
pornography),
|
11-6 (indecent solicitation of a child),
|
11-9.1 (sexual exploitation of a child),
|
11-9.2 (custodial sexual misconduct),
|
11-9.5 (sexual misconduct with a person with a |
disability), |
11-14.4 (promoting juvenile prostitution),
|
11-15.1 (soliciting for a juvenile prostitute),
|
11-18.1 (patronizing a juvenile prostitute),
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
11-25 (grooming), |
11-26 (traveling to meet a minor),
|
11-1.20 or 12-13 (criminal sexual assault),
|
11-1.30 or 12-14 (aggravated criminal sexual |
assault),
|
11-1.40 or 12-14.1 (predatory criminal sexual |
assault of a child),
|
|
11-1.50 or 12-15 (criminal sexual abuse),
|
11-1.60 or 12-16 (aggravated criminal sexual |
abuse),
|
12-33 (ritualized abuse of a child).
|
An attempt to commit any of these offenses.
|
(1.5)
A violation of any of the following Sections of |
the
Criminal Code of 1961, when the victim is a person |
under 18 years of age, the
defendant is not a parent of the |
victim, the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act, and |
the offense was committed on or
after January 1, 1996:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
If the offense was committed before January 1, 1996, it |
is a sex offense requiring registration only when the |
person is convicted of any felony after July 1, 2011, and |
paragraph (2.1) of subsection (c) of Section 3 of this Act |
applies.
|
(1.6)
First degree murder under Section 9-1 of the |
Criminal Code of 1961,
provided the offense was sexually |
motivated as defined in Section 10 of the Sex Offender |
Management Board Act.
|
(1.7) (Blank).
|
(1.8) A violation or attempted violation of Section |
|
11-11 (sexual
relations within families) of the Criminal |
Code of 1961, and the offense was committed on or after
|
June 1, 1997. If the offense was committed before June 1, |
1997, it is a sex offense requiring registration only when |
the person is convicted of any felony after July 1, 2011, |
and paragraph (2.1) of subsection (c) of Section 3 of this |
Act applies.
|
(1.9) Child abduction under paragraph (10) of |
subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
committed by luring or
attempting to lure a child under the |
age of 16 into a motor vehicle, building,
house trailer, or |
dwelling place without the consent of the parent or lawful
|
custodian of the child for other than a lawful purpose and |
the offense was
committed on or after January 1, 1998, |
provided the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act. If the |
offense was committed before January 1, 1998, it is a sex |
offense requiring registration only when the person is |
convicted of any felony after July 1, 2011, and paragraph |
(2.1) of subsection (c) of Section 3 of this Act applies.
|
(1.10) A violation or attempted violation of any of the |
following Sections
of the Criminal Code of 1961 when the |
offense was committed on or after July
1, 1999:
|
10-4 (forcible detention, if the victim is under 18 |
years of age), provided the offense was sexually |
motivated as defined in Section 10 of the Sex Offender |
|
Management Board Act,
|
11-6.5 (indecent solicitation of an adult),
|
11-14.3 that involves soliciting for a prostitute, |
or 11-15 (soliciting for a prostitute, if the victim is |
under 18 years
of age),
|
subdivision (a)(2)(A) or (a)(2)(B) of Section |
11-14.3, or Section 11-16 (pandering, if the victim is |
under 18 years of age),
|
11-18 (patronizing a prostitute, if the victim is |
under 18 years
of age),
|
subdivision (a)(2)(C) of Section 11-14.3, or |
Section 11-19 (pimping, if the victim is under 18 years |
of age).
|
If the offense was committed before July 1, 1999, it is |
a sex offense requiring registration only when the person |
is convicted of any felony after July 1, 2011, and |
paragraph (2.1) of subsection (c) of Section 3 of this Act |
applies.
|
(1.11) A violation or attempted violation of any of the |
following
Sections of the Criminal Code of 1961 when the |
offense was committed on or
after August 22, 2002:
|
11-9 or 11-30 (public indecency for a third or |
subsequent conviction). |
If the third or subsequent conviction was imposed |
before August 22, 2002, it is a sex offense requiring |
registration only when the person is convicted of any |
|
felony after July 1, 2011, and paragraph (2.1) of |
subsection (c) of Section 3 of this Act applies.
|
(1.12) A violation or attempted violation of Section
|
5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
Criminal Code of 1961 (permitting sexual abuse) when the
|
offense was committed on or after August 22, 2002. If the |
offense was committed before August 22, 2002, it is a sex |
offense requiring registration only when the person is |
convicted of any felony after July 1, 2011, and paragraph |
(2.1) of subsection (c) of Section 3 of this Act applies.
|
(2) A violation of any former law of this State |
substantially equivalent
to any offense listed in |
subsection (B) of this Section.
|
(C) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (B), (C), (E), and (E-5) of this Section |
shall
constitute a
conviction for the purpose
of this Article. |
A finding or adjudication as a sexually dangerous person
or a |
sexually violent person under any federal law, Uniform Code of |
Military
Justice, or the law of another state or
foreign |
country that is substantially equivalent to the Sexually |
Dangerous
Persons Act or the Sexually Violent Persons |
Commitment Act shall constitute an
adjudication for the |
purposes of this Article.
|
(C-5) A person at least 17 years of age at the time of the |
|
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, against |
a person
under 18 years of age, shall be required to register
|
for natural life.
A conviction for an offense of federal, |
Uniform Code of Military Justice,
sister state, or foreign |
country law that is substantially equivalent to any
offense |
listed in subsection (C-5) of this Section shall constitute a
|
conviction for the purpose of this Article. This subsection |
(C-5) applies to a person who committed the offense before June |
1, 1996 if: (i) the person is incarcerated in an Illinois |
Department of Corrections facility on August 20, 2004 (the |
effective date of Public Act 93-977), or (ii) subparagraph (i) |
does not apply and the person is convicted of any felony after |
July 1, 2011, and paragraph (2.1) of subsection (c) of Section |
3 of this Act applies.
|
(C-6) A person who is convicted or adjudicated delinquent |
of first degree murder as defined in Section 9-1 of the |
Criminal Code of 1961, against a person 18 years of age or |
over, shall be required to register for his or her natural |
life. A conviction for an offense of federal, Uniform Code of |
Military Justice, sister state, or foreign country law that is |
substantially equivalent to any offense listed in subsection |
(C-6) of this Section shall constitute a conviction for the |
purpose of this Article. This subsection (C-6) does not apply |
to those individuals released from incarceration more than 10 |
years prior to January 1, 2012 ( the effective date of Public |
|
Act 97-154) this amendatory Act of the 97th General Assembly . |
(D) As used in this Article, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the sex offender
expects to reside, |
work, or attend school (1) upon his or her discharge,
parole or |
release or
(2) during the service of his or her sentence of |
probation or conditional
discharge, or the Sheriff of the |
county, in the event no Police Chief exists
or if the offender |
intends to reside, work, or attend school in an
unincorporated |
area.
"Law enforcement agency having jurisdiction" includes |
the location where
out-of-state students attend school and |
where out-of-state employees are
employed or are otherwise |
required to register.
|
(D-1) As used in this Article, "supervising officer" means |
the assigned Illinois Department of Corrections parole agent or |
county probation officer. |
(E) As used in this Article, "sexual predator" means any |
person who,
after July 1, 1999, is:
|
(1) Convicted for an offense of federal, Uniform Code |
of Military
Justice, sister state, or foreign country law |
that is substantially equivalent
to any offense listed in |
subsection (E) or (E-5) of this Section shall constitute a
|
conviction for the purpose of this Article.
Convicted of a |
violation or attempted violation of any of the following
|
Sections of the
Criminal Code of 1961:
|
11-14.4 that involves keeping a place of juvenile |
|
prostitution, or 11-17.1 (keeping a place of juvenile |
prostitution),
|
subdivision (a)(2) or (a)(3) of Section 11-14.4, |
or Section 11-19.1 (juvenile pimping),
|
subdivision (a)(4) of Section 11-14.4, or Section |
11-19.2 (exploitation of a child),
|
11-20.1 (child pornography),
|
11-20.1B or 11-20.3 (aggravated child |
pornography),
|
11-1.20 or 12-13 (criminal sexual assault),
|
11-1.30 or 12-14 (aggravated criminal sexual |
assault),
|
11-1.40 or 12-14.1 (predatory criminal sexual |
assault of a child),
|
11-1.60 or 12-16 (aggravated criminal sexual |
abuse),
|
12-33 (ritualized abuse of a child);
|
(2) (blank);
|
(3) certified as a sexually dangerous person pursuant |
to the Sexually
Dangerous Persons Act or any substantially |
similar federal, Uniform Code of
Military Justice, sister |
state, or
foreign country law;
|
(4) found to be a sexually violent person pursuant to |
the Sexually Violent
Persons Commitment Act or any |
substantially similar federal, Uniform Code of
Military |
Justice, sister state, or
foreign country law;
|
|
(5) convicted of a second or subsequent offense which |
requires
registration pursuant to this Act. For purposes of |
this paragraph
(5), "convicted" shall include a conviction |
under any
substantially similar
Illinois, federal, Uniform |
Code of Military Justice, sister state, or
foreign country |
law;
|
(6) convicted of a second or subsequent offense of |
luring a minor under Section 10-5.1 of the Criminal Code of |
1961; or |
(7) if the person was convicted of an offense set forth |
in this subsection (E) on or before July 1, 1999, the |
person is a sexual predator for whom registration is |
required only when the person is convicted of a felony |
offense after July 1, 2011, and paragraph (2.1) of |
subsection (c) of Section 3 of this Act applies. |
(E-5) As used in this Article, "sexual predator" also means |
a person convicted of a violation or attempted violation of any |
of the following
Sections of the
Criminal Code of 1961: |
(1) Section 9-1 (first degree murder,
when the victim |
was a person under 18 years of age and the defendant was at |
least
17 years of age at the time of the commission of the |
offense, provided the offense was sexually motivated as |
defined in Section 10 of the Sex Offender Management Board |
Act); |
(2) Section 11-9.5 (sexual misconduct with a person |
with a disability); |
|
(3) when the victim is a person under 18 years of age, |
the
defendant is not a parent of the victim, the offense |
was sexually motivated as defined in Section 10 of the Sex |
Offender Management Board Act, and the offense was |
committed on or
after January 1, 1996: (A) Section 10-1 |
(kidnapping), (B) Section 10-2 (aggravated kidnapping), |
(C) Section 10-3 (unlawful restraint), and (D) Section |
10-3.1 (aggravated unlawful restraint); and |
(4) Section 10-5(b)(10) (child abduction committed by |
luring or
attempting to lure a child under the age of 16 |
into a motor vehicle, building,
house trailer, or dwelling |
place without the consent of the parent or lawful
custodian |
of the child for other than a lawful purpose and the |
offense was
committed on or after January 1, 1998, provided |
the offense was sexually motivated as defined in Section 10 |
of the Sex Offender Management Board Act). |
(E-10) As used in this Article, "sexual predator" also |
means a person required to register in another State due to a |
conviction, adjudication or other action of any court |
triggering an obligation to register as a sex offender, sexual |
predator, or substantially similar status under the laws of |
that State. |
(F) As used in this Article, "out-of-state student" means |
any sex
offender, as defined in this Section,
or sexual |
predator who is enrolled in Illinois, on a full-time or |
part-time
basis, in any public or private educational |
|
institution, including, but not
limited to, any secondary |
school, trade or professional institution, or
institution of |
higher learning.
|
(G) As used in this Article, "out-of-state employee" means |
any sex
offender, as defined in this Section,
or sexual |
predator who works in Illinois, regardless of whether the |
individual
receives payment for services performed, for a |
period of time of 10 or more days
or for an aggregate period of |
time of 30 or more days
during any calendar year.
Persons who |
operate motor vehicles in the State accrue one day of |
employment
time for any portion of a day spent in Illinois.
|
(H) As used in this Article, "school" means any public or |
private educational institution, including, but not limited |
to, any elementary or secondary school, trade or professional |
institution, or institution of higher education. |
(I) As used in this Article, "fixed residence" means any |
and all places that a sex offender resides for an aggregate |
period of time of 5 or more days in a calendar year.
|
(J) As used in this Article, "Internet protocol address" |
means the string of numbers by which a location on the Internet |
is identified by routers or other computers connected to the |
Internet. |
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; |
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; |
revised 9-27-11.) |
|
(730 ILCS 150/3) |
Sec. 3. Duty to register.
|
(a) A sex offender, as defined in Section 2 of this Act, or |
sexual
predator shall, within the time period
prescribed in |
subsections (b) and (c), register in person
and provide |
accurate information as required by the Department of State
|
Police. Such information shall include a current photograph,
|
current address,
current place of employment, the sex |
offender's or sexual predator's telephone number, including |
cellular telephone number, the employer's telephone number, |
school attended, all e-mail addresses, instant messaging |
identities, chat room identities, and other Internet |
communications identities that the sex offender uses or plans |
to use, all Uniform Resource Locators (URLs) registered or used |
by the sex offender, all blogs and other Internet sites |
maintained by the sex offender or to which the sex offender has |
uploaded any content or posted any messages or information, |
extensions of the time period for registering as provided in |
this Article and, if an extension was granted, the reason why |
the extension was granted and the date the sex offender was |
notified of the extension. The information shall also include a |
copy of the terms and conditions of parole or release signed by |
the sex offender and given to the sex offender by his or her |
supervising officer, the county of conviction, license plate |
numbers for every vehicle registered in the name of the sex |
offender, the age of the sex offender at the time of the |
|
commission of the offense, the age of the victim at the time of |
the commission of the offense, and any distinguishing marks |
located on the body of the sex offender. A sex offender |
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961 shall provide all Internet |
protocol (IP) addresses in his or her residence, registered in |
his or her name, accessible at his or her place of employment, |
or otherwise under his or her control or custody. If the sex |
offender is a child sex offender as defined in Section 11-9.3 |
or 11-9.4 of the Criminal Code of 1961, the sex offender shall |
report to the registering agency whether he or she is living in |
a household with a child under 18 years of age who is not his or |
her own child, provided that his or her own child is not the |
victim of the sex offense. The sex offender or
sexual predator |
shall register:
|
(1) with the chief of police in the municipality in |
which he or she
resides or is temporarily domiciled for a |
period of time of 3 or more
days, unless the
municipality |
is the City of Chicago, in which case he or she shall |
register
at the Chicago Police Department Headquarters; or
|
(2) with the sheriff in the county in which
he or she |
resides or is
temporarily domiciled
for a period of time of |
3 or more days in an unincorporated
area or, if |
incorporated, no police chief exists.
|
If the sex offender or sexual predator is employed at or |
attends an institution of higher education, he or she shall |
|
also register:
|
(i) with: |
(A) the chief of police in the municipality in |
which he or she is employed at or attends an |
institution of higher education, unless the |
municipality is the City of Chicago, in which case he |
or she shall register at the Chicago Police Department |
Headquarters; or |
(B) the sheriff in the county in which he or she is |
employed or attends an institution of higher education |
located in an unincorporated area, or if incorporated, |
no police chief exists; and
|
(ii) with the public safety or security director of the |
institution of higher education which he or she is employed |
at or attends.
|
The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
For purposes of this Article, the place of residence or |
temporary
domicile is defined as any and all places where the |
sex offender resides
for an aggregate period of time of 3 or |
more days during any calendar year.
Any person required to |
register under this Article who lacks a fixed address or |
temporary domicile must notify, in person, the agency of |
jurisdiction of his or her last known address within 3 days |
after ceasing to have a fixed residence. |
|
A sex offender or sexual predator who is temporarily absent |
from his or her current address of registration for 3 or more |
days shall notify the law enforcement agency having |
jurisdiction of his or her current registration, including the |
itinerary for travel, in the manner provided in Section 6 of |
this Act for notification to the law enforcement agency having |
jurisdiction of change of address. |
Any person who lacks a fixed residence must report weekly, |
in person, with the sheriff's office of the county in which he |
or she is located in an unincorporated area, or with the chief |
of police in the municipality in which he or she is located. |
The agency of jurisdiction will document each weekly |
registration to include all the locations where the person has |
stayed during the past 7 days.
|
The sex offender or sexual predator shall provide accurate |
information
as required by the Department of State Police. That |
information shall include
the sex offender's or sexual |
predator's current place of employment.
|
(a-5) An out-of-state student or out-of-state employee |
shall,
within 3 days after beginning school or employment in |
this State,
register in person and provide accurate information |
as required by the
Department of State Police. Such information |
will include current place of
employment, school attended, and |
address in state of residence. A sex offender convicted under |
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
Criminal Code of 1961 shall provide all Internet protocol (IP) |
|
addresses in his or her residence, registered in his or her |
name, accessible at his or her place of employment, or |
otherwise under his or her control or custody. The out-of-state |
student or out-of-state employee shall register:
|
(1) with: |
(A) the chief of police in the municipality in |
which he or she attends school or is employed for a |
period of time of 5
or more days or for an
aggregate |
period of time of more than 30 days during any
calendar |
year, unless the
municipality is the City of Chicago, |
in which case he or she shall register at
the Chicago |
Police Department Headquarters; or
|
(B) the sheriff in the county in which
he or she |
attends school or is
employed for a period of time of 5 |
or more days or
for an aggregate period of
time of more |
than 30 days during any calendar year in an
|
unincorporated area
or, if incorporated, no police |
chief exists; and |
(2) with the public safety or security director of the |
institution of higher education he or she is employed at or |
attends for a period of time of 5 or more days or for an |
aggregate period of time of more than 30 days during a |
calendar year. |
The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
|
The out-of-state student or out-of-state employee shall |
provide accurate
information as required by the Department of |
State Police. That information
shall include the out-of-state |
student's current place of school attendance or
the |
out-of-state employee's current place of employment.
|
(a-10) Any law enforcement agency registering sex |
offenders or sexual predators in accordance with subsections |
(a) or (a-5) of this Section shall forward to the Attorney |
General a copy of sex offender registration forms from persons |
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961, including periodic and |
annual registrations under Section 6 of this Act. |
(b) Any sex offender, as defined in Section 2 of this Act, |
or sexual
predator, regardless of any initial,
prior, or other |
registration, shall, within 3 days of beginning school,
or |
establishing a
residence, place of employment, or temporary |
domicile in
any county, register in person as set forth in |
subsection (a)
or (a-5).
|
(c) The registration for any person required to register |
under this
Article shall be as follows:
|
(1) Any person registered under the Habitual Child Sex |
Offender
Registration Act or the Child Sex Offender |
Registration Act prior to January
1, 1996, shall be deemed |
initially registered as of January 1, 1996; however,
this |
shall not be construed to extend the duration of |
registration set forth
in Section 7.
|
|
(2) Except as provided in subsection (c)(2.1) or |
(c)(4), any person convicted or
adjudicated prior to |
January 1, 1996, whose liability for registration under
|
Section 7 has not expired, shall register in person prior |
to January 31,
1996.
|
(2.1) A sex offender or sexual predator, who has never |
previously been required to register under this Act, has a |
duty to register if the person has been convicted of any |
felony offense after July 1, 2011. A person who previously |
was required to register under this Act for a period of 10 |
years and successfully completed that registration period |
has a duty to register if: (i) the person has been |
convicted of any felony offense after July 1, 2011, and |
(ii) the offense for which the 10 year registration was |
served currently requires a registration period of more |
than 10 years. Notification of an offender's duty to |
register under this subsection shall be pursuant to Section |
5-7 of this Act. |
(2.5) Except as provided in subsection (c)(4), any |
person who has not
been notified of his or her |
responsibility to register shall be notified by a
criminal |
justice entity of his or her responsibility to register. |
Upon
notification the person must then register within 3 |
days of notification of
his or her requirement to register. |
Except as provided in subsection (c)(2.1), if notification |
is not made within the
offender's 10 year registration |
|
requirement, and the Department of State
Police determines |
no evidence exists or indicates the offender attempted to
|
avoid registration, the offender will no longer be required |
to register under
this Act.
|
(3) Except as provided in subsection (c)(4), any person |
convicted on
or after January 1, 1996, shall register in |
person within 3 days after the
entry of the sentencing |
order based upon his or her conviction.
|
(4) Any person unable to comply with the registration |
requirements of
this Article because he or she is confined, |
institutionalized,
or imprisoned in Illinois on or after |
January 1, 1996, shall register in person
within 3 days of |
discharge, parole or release.
|
(5) The person shall provide positive identification |
and documentation
that substantiates proof of residence at |
the registering address.
|
(6) The person shall pay a $100
initial registration |
fee and
a $100
annual
renewal fee. The fees shall be used |
by the registering agency for official
purposes. The agency |
shall establish procedures to document receipt and use
of |
the funds.
The law enforcement agency having jurisdiction |
may waive the registration fee
if it determines that the |
person is indigent and unable to pay the registration
fee.
|
Thirty dollars for the initial registration fee and $30 of |
the annual renewal fee
shall be used by the registering |
agency for official purposes. Ten dollars of
the initial |
|
registration fee and $10 of the annual fee shall be |
deposited into
the Sex Offender Management Board Fund under |
Section 19 of the Sex Offender
Management Board Act. Money |
deposited into the Sex Offender Management Board
Fund shall |
be administered by the Sex Offender Management Board and |
shall be
used to
fund practices endorsed or required by the |
Sex Offender Management Board Act
including but not limited |
to sex offenders evaluation, treatment, or
monitoring |
programs that are or may be developed, as well as for
|
administrative costs, including staff, incurred by the |
Board.
Thirty dollars of the initial registration fee and |
$30 of the annual renewal fee shall be deposited into the |
Sex Offender Registration Fund and shall be used by the |
Department of State Police to maintain and update the |
Illinois State Police Sex Offender Registry. Thirty |
dollars of the initial registration fee and $30 of the |
annual renewal fee shall be deposited into the Attorney |
General Sex Offender Awareness, Training, and Education |
Fund. Moneys deposited into the Fund shall be used by the |
Attorney General to administer the I-SORT program and to |
alert and educate the public, victims, and witnesses of |
their rights under various victim notification laws and for |
training law enforcement agencies, State's Attorneys, and |
medical providers of their legal duties concerning the |
prosecution and investigation of sex offenses. |
(d) Within 3 days after obtaining or changing employment |
|
and, if employed
on January 1, 2000, within 5 days after that |
date, a person required to
register under this Section must |
report, in person to the law
enforcement agency having |
jurisdiction, the business name and address where he
or she is |
employed. If the person has multiple businesses or work |
locations,
every business and work location must be reported to |
the law enforcement agency
having jurisdiction.
|
(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; |
96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. |
1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. |
8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.) |
Section 15-75. The Secure Residential Youth Care Facility |
Licensing Act is amended by changing Section 45-30 as follows:
|
(730 ILCS 175/45-30)
|
Sec. 45-30. License or employment eligibility.
|
(a) No applicant may receive a
license from the Department |
and no
person may be employed by a licensed facility who |
refuses to
authorize an investigation as required by Section |
45-25.
|
(b) No applicant may receive a license from the Department |
and no person may
be employed by a secure residential youth |
care facility licensed by the
Department who has
been declared |
a sexually dangerous person under the Sexually Dangerous |
Persons
Act or convicted of
committing or attempting to commit |
|
any of the following offenses under the
Criminal Code of 1961:
|
(1) First degree murder.
|
(2) A sex offense under Article 11, except offenses |
described in
Sections 11-7, 11-8, 11-12, 11-13, 11-18, |
11-35, 11-40, and 11-45.
|
(3) Kidnapping.
|
(4) Aggravated kidnapping.
|
(5) Child abduction.
|
(6) Aggravated battery of a child as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
|
(7) Criminal sexual assault.
|
(8) Aggravated criminal sexual assault.
|
(8.1) Predatory criminal sexual assault of a child.
|
(9) Criminal sexual abuse.
|
(10) Aggravated criminal sexual abuse.
|
(11) A federal offense or an offense in any other state |
the elements of
which are similar to any of the foregoing |
offenses.
|
(Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11; |
96-1551, Article 2, Section 1080, eff. 7-1-11; revised |
9-30-11.) |
Section 15-80. The Crime Victims Compensation Act is |
amended by changing Section 2 as follows:
|
(740 ILCS 45/2) (from Ch. 70, par. 72)
|
|
Sec. 2. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
(a) "Applicant" means any person who applies for |
compensation under this
Act or any person the Court of Claims |
finds is entitled to compensation,
including the guardian of a |
minor or of a person under legal disability. It
includes any |
person who was a dependent of a deceased victim of a crime of
|
violence for his or her support at the time of the death of |
that victim.
|
(b) "Court of Claims" means the Court of Claims created by |
the Court
of Claims Act.
|
(c) "Crime of violence" means and includes any offense |
defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20, |
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, |
11-20.1B, 11-20.3, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-3.4, |
12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, |
12-13, 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or |
20-1.1, or Section 12-3.05 except for subdivision (a)(4) or |
(g)(1), , or subdivision (a)(4) of Section 11-14.4, of the |
Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery |
Protection Act, driving under
the influence of intoxicating |
liquor or narcotic drugs as defined in Section
11-501 of the |
Illinois Vehicle Code, and a violation of Section 11-401 of the |
Illinois Vehicle Code, provided the victim was a pedestrian or |
was operating a vehicle moved solely by human power or a |
mobility device at the time of contact; so long as the offense |
|
did not occur
during a civil riot, insurrection or rebellion. |
"Crime of violence" does not
include any other offense or |
accident involving a motor vehicle except those
vehicle |
offenses specifically provided for in this paragraph. "Crime of
|
violence" does include all of the offenses specifically |
provided for in this
paragraph that occur within this State but |
are subject to federal jurisdiction
and crimes involving |
terrorism as defined in 18 U.S.C. 2331.
|
(d) "Victim" means (1) a person killed or injured in this |
State as a
result of a crime of violence perpetrated or |
attempted against him or her,
(2) the
parent of a person killed |
or injured in this State as a result of a crime of
violence |
perpetrated or attempted against the person, (3) a person |
killed
or injured in this State while attempting to assist a |
person against whom a
crime of violence is being perpetrated or |
attempted, if that attempt of
assistance would be expected of a |
reasonable person under the circumstances,
(4) a person killed |
or injured in this State while assisting a law
enforcement |
official apprehend a person who has perpetrated a crime of
|
violence or prevent the perpetration of any such crime if that
|
assistance was in response to the express request of the law |
enforcement
official, (5) a person who personally
witnessed a |
violent crime, (5.1) solely
for the purpose of compensating for |
pecuniary loss incurred for
psychological treatment of a mental |
or emotional condition caused or aggravated
by the crime, any |
other person under the age of 18 who is the brother, sister,
|
|
half brother, half sister, child, or stepchild
of a person |
killed or injured in
this State as a
result of a crime of |
violence, (6) an Illinois resident
who is a victim of a "crime |
of violence" as defined in this Act except, if
the crime |
occurred outside this State, the resident has the same rights
|
under this Act as if the crime had occurred in this State upon |
a showing
that the state, territory, country, or political |
subdivision of a country
in which the crime occurred does not |
have a compensation of victims of
crimes law for which that |
Illinois resident is eligible, (7) a deceased person whose body |
is dismembered or whose remains are desecrated as the result of |
a crime of violence, or (8) solely for the purpose of |
compensating for pecuniary loss incurred for psychological |
treatment of a mental or emotional condition caused or |
aggravated by the crime, any parent, spouse, or child under the |
age of 18 of a deceased person whose body is dismembered or |
whose remains are desecrated as the result of a crime of |
violence.
|
(e) "Dependent" means a relative of a deceased victim who |
was wholly or
partially dependent upon the victim's income at |
the time of his or her
death
and shall include the child of a |
victim born after his or her death.
|
(f) "Relative" means a spouse, parent, grandparent, |
stepfather, stepmother,
child, grandchild, brother, |
brother-in-law, sister, sister-in-law, half
brother, half |
sister, spouse's parent, nephew, niece, uncle or aunt.
|
|
(g) "Child" means an unmarried son or daughter who is under |
18 years of
age and includes a stepchild, an adopted child or a |
child born out of wedlock.
|
(h) "Pecuniary loss" means, in the case of injury, |
appropriate medical
expenses and hospital expenses including |
expenses of medical
examinations, rehabilitation, medically |
required
nursing care expenses, appropriate
psychiatric care |
or psychiatric counseling expenses, expenses for care or
|
counseling by a licensed clinical psychologist, licensed |
clinical social
worker, or licensed clinical professional |
counselor and expenses for treatment by Christian Science |
practitioners and
nursing care appropriate thereto; |
transportation expenses to and from medical and treatment |
facilities; prosthetic appliances, eyeglasses, and
hearing |
aids necessary or damaged as a result of the
crime; replacement |
costs for clothing and bedding used as evidence; costs
|
associated with temporary lodging or relocation necessary as a
|
result of the crime, including, but not limited to, the first |
month's rent and security deposit of the dwelling that the |
claimant relocated to and other reasonable relocation expenses |
incurred as a result of the violent crime;
locks or windows |
necessary or damaged as a result of the crime; the purchase,
|
lease, or rental of equipment necessary to create usability of |
and
accessibility to the victim's real and personal property, |
or the real and
personal property which is used by the victim, |
necessary as a result of the
crime; the costs of appropriate |
|
crime scene clean-up;
replacement
services loss, to a maximum |
of $1000 per month;
dependents replacement
services loss, to a |
maximum of $1000 per month; loss of tuition paid to
attend |
grammar school or high school when the victim had been enrolled |
as a
student prior to the injury, or college or graduate school |
when
the victim had been enrolled as a day or night student |
prior to
the injury when the victim becomes unable to continue |
attendance at school
as a result of the crime of violence |
perpetrated against him or her; loss
of
earnings, loss of |
future earnings because of disability resulting from the
|
injury, and, in addition, in the case of death, expenses for |
funeral, burial, and travel and transport for survivors
of |
homicide victims to secure bodies of deceased victims and to |
transport
bodies for burial all of which
may not exceed a |
maximum of $5,000 and loss of support of the dependents of
the |
victim; in the case of dismemberment or desecration of a body, |
expenses for funeral and burial, all of which may not exceed a |
maximum of $5,000.
Loss of future earnings shall be reduced by |
any income from substitute work
actually performed by the |
victim or by income he or she would have earned
in
available |
appropriate substitute work he or she was capable of performing
|
but
unreasonably failed to undertake. Loss of earnings, loss of |
future
earnings and loss of support shall be determined on the |
basis of the
victim's average net monthly earnings for the 6 |
months immediately
preceding the date of the injury or on $1000 |
per month, whichever is less.
If a divorced or legally |
|
separated applicant is claiming loss of support
for a minor |
child of the deceased, the amount of support for each child
|
shall be based either on the amount of support
pursuant to the |
judgment prior to the date of the deceased
victim's injury or |
death, or, if the subject of pending litigation filed by
or on |
behalf of the divorced or legally separated applicant prior to |
the
injury or death, on the result of that litigation. Real and |
personal
property includes, but is not limited to, vehicles, |
houses, apartments,
town houses, or condominiums. Pecuniary |
loss does not
include pain and suffering or property loss or |
damage.
|
(i) "Replacement services loss" means expenses reasonably |
incurred in
obtaining ordinary and necessary services in lieu |
of those the
injured person would have performed, not for |
income, but for the benefit
of himself or herself or his or her |
family, if he or she had not
been injured.
|
(j) "Dependents replacement services loss" means loss |
reasonably incurred
by dependents or private legal guardians of |
minor dependents after a victim's death in obtaining ordinary |
and necessary
services in lieu of those the victim would have |
performed, not for income,
but for their benefit, if he or she |
had not been fatally injured.
|
(k) "Survivor" means immediate family including a parent, |
step-father,
step-mother, child,
brother, sister, or spouse.
|
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; |
96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article |
|
2, Section 1090, eff. 7-1-11; revised 9-30-11.) |
Section 15-85. The Predator Accountability Act is amended |
by changing Section 10 as follows: |
(740 ILCS 128/10)
|
Sec. 10. Definitions. As used in this Act: |
"Sex trade" means any act, which if proven beyond a |
reasonable doubt could support a conviction for a violation or |
attempted violation of any of the following Sections of the |
Criminal Code of 1961: 11-14.3 (promoting prostitution); |
11-14.4 (promoting juvenile prostitution); 11-15 (soliciting |
for a prostitute); 11-15.1 (soliciting for a juvenile |
prostitute); 11-16 (pandering); 11-17 (keeping a place of |
prostitution); 11-17.1 (keeping a place of juvenile |
prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and |
aggravated juvenile pimping); 11-19.2 (exploitation of a |
child); 11-20 (obscenity); 11-20.1 (child pornography); or |
11-20.1B or 11-20.3 (aggravated child pornography); or Section |
10-9 of the Criminal Code of 1961 (trafficking of persons and |
involuntary servitude). |
"Sex trade" activity may involve adults and youth of all |
genders and sexual orientations.
|
"Victim of the sex trade" means, for the following sex |
trade acts, the person or persons indicated: |
(1) soliciting for a prostitute: the prostitute who is |
|
the object of the solicitation; |
(2) soliciting for a juvenile prostitute: the juvenile |
prostitute, or severely or profoundly intellectually |
disabled person, who is the object of the solicitation; |
(3) promoting prostitution as described in subdivision |
(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal |
Code of 1961, or pandering: the person intended or |
compelled to act as a prostitute; |
(4) keeping a place of prostitution: any person |
intended or compelled to act as a prostitute, while present |
at the place, during the time period in question; |
(5) keeping a place of juvenile prostitution: any |
juvenile intended or compelled to act as a prostitute, |
while present at the place, during the time period in |
question; |
(6) promoting prostitution as described in subdivision |
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, |
or pimping: the prostitute from whom anything of value is |
received; |
(7) promoting juvenile prostitution as described in |
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the |
Criminal Code of 1961, or juvenile pimping and aggravated |
juvenile pimping: the juvenile, or severely or profoundly |
intellectually disabled person, from whom anything of |
value is received for that person's act of prostitution; |
(8) promoting juvenile prostitution as described in |
|
subdivision (a)(4) of Section 11-14.4 of the Criminal Code |
of 1961, or exploitation of a child: the juvenile, or |
severely or profoundly intellectually disabled person, |
intended or compelled to act as a prostitute or from whom |
anything of value is received for that person's act of |
prostitution; |
(9) obscenity: any person who appears in or is |
described or depicted in the offending conduct or material; |
(10) child pornography or aggravated child |
pornography: any child, or severely or profoundly |
intellectually disabled person, who appears in or is |
described or depicted in the offending conduct or material; |
or |
(11) trafficking of persons or involuntary servitude: |
a "trafficking victim" as defined in Section 10-9 of the |
Criminal Code of 1961.
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; |
97-227, eff. 1-1-12; revised 9-15-11.) |
Section 15-90. The Illinois Marriage and Dissolution of |
Marriage Act is amended by changing Section 503 as follows:
|
(750 ILCS 5/503) (from Ch. 40, par. 503)
|
Sec. 503. Disposition of property.
|
(a) For purposes of this Act, "marital property" means all |
property acquired
by either spouse subsequent to the marriage, |
|
except the following, which is
known as "non-marital property":
|
(1) property acquired by gift, legacy or descent;
|
(2) property acquired in exchange for property |
acquired before the
marriage or in exchange for property |
acquired by gift, legacy or descent;
|
(3) property acquired by a spouse after a judgment of |
legal separation;
|
(4) property excluded by valid agreement of the |
parties;
|
(5) any judgment or property obtained by judgment |
awarded to a spouse
from the other spouse;
|
(6) property acquired before the marriage;
|
(7) the increase in value of property acquired by a |
method listed in
paragraphs (1) through (6) of this |
subsection, irrespective of whether the
increase results |
from a contribution of marital property, non-marital |
property,
the personal effort of a spouse, or otherwise, |
subject to the right of
reimbursement provided in |
subsection (c) of this Section; and
|
(8) income from property acquired by a method listed in |
paragraphs (1)
through (7) of this subsection if the income |
is not attributable to the
personal effort of a spouse.
|
(b)(1) For purposes of distribution of property pursuant to |
this
Section, all property acquired by either spouse after the |
marriage and before a
judgment of dissolution of marriage or |
declaration of invalidity of marriage,
including non-marital |
|
property transferred into some form of co-ownership
between the |
spouses, is presumed to be marital property, regardless of |
whether
title is held individually or by the spouses in some |
form of co-ownership such
as joint tenancy, tenancy in common, |
tenancy by the entirety, or community
property. The presumption |
of marital property is overcome by a showing that
the property |
was acquired by a method listed in subsection (a) of this |
Section.
|
(2) For purposes of distribution of property pursuant to |
this Section,
all pension benefits (including pension benefits |
under the Illinois Pension
Code) acquired by either spouse |
after the marriage and before a judgment of
dissolution of |
marriage or declaration of invalidity of the marriage are
|
presumed to be marital property, regardless of which spouse |
participates in the
pension plan. The presumption that these |
pension benefits are marital property
is overcome by a showing |
that the pension benefits were acquired by a method
listed in |
subsection (a) of this Section. The right to a division of |
pension
benefits in just proportions under this Section is |
enforceable under Section
1-119 of the Illinois Pension Code.
|
The value of pension benefits in a retirement system |
subject to the Illinois
Pension Code shall be determined in |
accordance with the valuation procedures
established by the |
retirement system.
|
The recognition of pension benefits as marital property and |
the division of
those benefits pursuant to a Qualified Illinois |
|
Domestic Relations Order shall
not be deemed to be a |
diminishment, alienation, or impairment of those
benefits. The |
division of pension benefits is an allocation of property in
|
which each spouse has a species of common ownership.
|
(3) For purposes of distribution of property under this |
Section, all stock
options granted to either spouse after the |
marriage and before a judgment of
dissolution of marriage or |
declaration of invalidity of marriage, whether
vested or |
non-vested or whether their value is ascertainable, are |
presumed to
be marital property. This presumption of marital |
property is overcome by a
showing that the stock options were |
acquired by a method listed in subsection
(a) of this Section. |
The court shall allocate stock options between the
parties at |
the time of the judgment of dissolution of marriage or |
declaration
of invalidity of marriage recognizing that the |
value of the stock options may
not be then determinable and |
that the actual division of the options may not
occur until a |
future date. In making the allocation between the parties, the
|
court shall consider, in addition to the factors set forth in |
subsection (d) of
this Section, the following:
|
(i) All circumstances underlying the grant of the stock |
option including
but not limited to whether the grant was |
for past, present, or future efforts,
or any combination |
thereof.
|
(ii) The length of time from the grant of the option to |
the time the
option is exercisable.
|
|
(b-5) As to any policy of life insurance insuring the life |
of either spouse, or any interest in such policy, that |
constitutes marital property, whether whole life, term life, |
group term life, universal life, or other form of life
|
insurance policy, and whether or not the value is |
ascertainable, the court shall allocate ownership, death |
benefits or the
right to assign death benefits, and the |
obligation for premium payments, if any, equitably between the |
parties at the
time of the judgment for dissolution or |
declaration of invalidity of marriage. |
(c) Commingled marital and non-marital property shall be |
treated in
the following manner, unless otherwise agreed by the |
spouses:
|
(1) When marital and non-marital property are |
commingled by contributing
one estate of property into |
another resulting in a loss of identity of the
contributed |
property, the classification of the contributed property |
is
transmuted to the estate receiving the contribution, |
subject to the provisions
of paragraph (2) of this |
subsection; provided that if marital and non-marital
|
property are commingled into newly acquired property |
resulting in a loss
of identity of the contributing |
estates, the commingled property shall be
deemed |
transmuted to marital property, subject to the provisions |
of paragraph
(2) of this subsection.
|
(2) When one estate of property makes a contribution to |
|
another estate
of property, or when a spouse contributes |
personal effort to non-marital
property, the contributing |
estate shall be reimbursed from the estate receiving
the |
contribution notwithstanding any transmutation; provided, |
that no such
reimbursement shall be made with respect to a |
contribution which is not
retraceable by clear and |
convincing evidence, or was a gift, or, in the
case of a |
contribution of personal effort of a spouse to non-marital |
property,
unless the effort is significant and results in |
substantial appreciation
of the non-marital property. |
Personal effort of a spouse shall be deemed
a contribution |
by the marital estate. The court may provide for |
reimbursement
out of the marital property to be divided or |
by imposing a lien against the
non-marital property which |
received the contribution.
|
(d) In a proceeding for dissolution of marriage or |
declaration of invalidity
of marriage, or in a proceeding for |
disposition of property following
dissolution of marriage by a |
court which lacked personal jurisdiction over the
absent spouse |
or lacked jurisdiction to dispose of the property, the court
|
shall assign each spouse's non-marital property to that spouse. |
It also shall
divide the marital property without regard to |
marital misconduct in just
proportions considering all |
relevant factors, including:
|
(1) the contribution of each party to the acquisition, |
preservation, or
increase or decrease in value of the |
|
marital or non-marital property, including
(i) any such |
decrease attributable to a payment deemed to have been an |
advance from the parties' marital estate under subsection |
(c-1)(2) of Section 501 and (ii) the contribution of a |
spouse as a homemaker or to the family unit;
|
(2) the dissipation by each party of the marital or |
non-marital property;
|
(3) the value of the property assigned to each spouse;
|
(4) the duration of the marriage;
|
(5) the relevant economic circumstances of each spouse |
when the division
of property is to become effective, |
including the desirability of awarding
the family home, or |
the right to live therein for reasonable periods, to the
|
spouse having custody of the children;
|
(6) any obligations and rights arising from a prior |
marriage
of either party;
|
(7) any antenuptial agreement of the parties;
|
(8) the age, health, station, occupation, amount and |
sources of income,
vocational skills, employability, |
estate, liabilities, and needs of each of the
parties;
|
(9) the custodial provisions for any children;
|
(10) whether the apportionment is in lieu of or in |
addition to
maintenance;
|
(11) the reasonable opportunity of each spouse for |
future acquisition
of capital assets and income; and
|
(12) the tax consequences of the property division upon |
|
the
respective economic circumstances of the parties.
|
(e) Each spouse has a species of common ownership in the |
marital property
which vests at the time dissolution |
proceedings are commenced and continues
only during the |
pendency of the action. Any such interest in marital property
|
shall not encumber that property so as to restrict its |
transfer, assignment
or conveyance by the title holder unless |
such title holder is specifically
enjoined from making such |
transfer, assignment or conveyance.
|
(f) In a proceeding for dissolution of marriage or |
declaration of
invalidity of marriage or in a proceeding for |
disposition of property
following dissolution of marriage by a |
court that lacked personal
jurisdiction over the absent spouse |
or lacked jurisdiction to dispose of
the property, the court, |
in determining the value of the marital and
non-marital |
property for purposes of dividing the property, shall value the
|
property as of the date of trial or some other date as close to |
the date
of trial as is practicable.
|
(g) The court if necessary to protect and promote the best |
interests of the
children may set aside a portion of the |
jointly or separately held
estates of the parties in a separate |
fund or trust for the support,
maintenance, education, physical |
and mental health, and general welfare of any minor, dependent,
|
or incompetent child of the parties. In making a determination |
under this
subsection, the court may consider, among other |
things, the conviction of a
party of any of the offenses set |
|
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, |
12-15, or 12-16, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal Code of 1961 if the
victim is |
a
child of one or both of the parties, and there is a need for, |
and cost of,
care, healing and counseling for the child who is |
the victim of the crime.
|
(h) Unless specifically directed by a reviewing court, or |
upon good
cause shown, the court shall not on remand consider |
any increase or
decrease in the value of any "marital" or |
"non-marital" property occurring
since the assessment of such |
property at the original trial or hearing, but
shall use only |
that assessment made at the original trial or hearing.
|
(i) The court may make such judgments affecting the marital |
property
as may be just and may enforce such judgments by |
ordering a sale of marital
property, with proceeds therefrom to |
be applied as determined by the court.
|
(j) After proofs have closed in the final hearing on all |
other issues
between the parties (or in conjunction with the |
final hearing, if all parties
so stipulate) and before judgment |
is entered, a party's petition for
contribution to fees and |
costs incurred in the proceeding shall be heard and
decided, in |
accordance with the following provisions:
|
(1) A petition for contribution, if not filed before |
the final hearing
on other issues between the parties, |
shall be filed no later than 30 days after
the closing of |
|
proofs in the final hearing or within such other period as |
the
court orders.
|
(2) Any award of contribution to one party from the |
other party shall be
based on the criteria for division of |
marital property under this Section 503
and, if maintenance |
has been awarded, on the criteria for an award of
|
maintenance under Section 504.
|
(3) The filing of a petition for contribution shall not |
be deemed to
constitute a waiver of the attorney-client |
privilege between the petitioning
party and current or |
former counsel; and such a waiver shall not constitute a
|
prerequisite to a hearing for contribution. If either |
party's presentation on
contribution, however, includes |
evidence within the scope of the
attorney-client |
privilege, the disclosure or disclosures shall be narrowly
|
construed and shall not be deemed by the court to |
constitute a general waiver
of the privilege as to matters |
beyond the scope of the presentation.
|
(4) No finding on which a contribution award is based |
or denied shall be
asserted against counsel or former |
counsel for purposes of any hearing under
subsection (c) or |
(e) of Section 508.
|
(5) A contribution award (payable to either the |
petitioning
party or the party's counsel, or jointly, as |
the court determines) may be in
the form of either a set |
dollar amount or a percentage of fees and costs (or a
|
|
portion of fees and costs) to be subsequently agreed upon |
by the petitioning
party and counsel or, alternatively, |
thereafter determined in a hearing
pursuant to subsection |
(c) of Section 508 or previously or thereafter
determined |
in an independent proceeding under subsection (e) of |
Section
508.
|
(6) The changes to this Section 503 made by this |
amendatory Act of 1996
apply to cases pending on or after |
June 1, 1997, except as otherwise provided
in Section 508.
|
(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10; |
96-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article |
2, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised |
9-26-11.) |
Section 15-95. The Adoption Act is amended by changing |
Section 1 as follows:
|
(750 ILCS 50/1) (from Ch. 40, par. 1501)
|
Sec. 1. Definitions. When used in this Act, unless the |
context
otherwise requires:
|
A. "Child" means a person under legal age subject to |
adoption under
this Act.
|
B. "Related child" means a child subject to adoption where |
either or both of
the adopting parents stands in any of the |
following relationships to the child
by blood or marriage: |
parent, grand-parent, brother, sister, step-parent,
|
|
step-grandparent, step-brother, step-sister, uncle, aunt, |
great-uncle,
great-aunt, or cousin of first degree. A child |
whose parent has executed
a final irrevocable consent to |
adoption or a final irrevocable surrender
for purposes of |
adoption, or whose parent has had his or her parental rights
|
terminated, is not a related child to that person, unless the |
consent is
determined to be void or is void pursuant to |
subsection O of Section 10.
|
C. "Agency" for the purpose of this Act means a public |
child welfare agency
or a licensed child welfare agency.
|
D. "Unfit person" means any person whom the court shall |
find to be unfit
to have a child, without regard to the |
likelihood that the child will be
placed for adoption. The |
grounds of unfitness are any one or more
of the following, |
except that a person shall not be considered an unfit
person |
for the sole reason that the person has relinquished a child in
|
accordance with the Abandoned Newborn Infant Protection Act:
|
(a) Abandonment of the child.
|
(a-1) Abandonment of a newborn infant in a hospital.
|
(a-2) Abandonment of a newborn infant in any setting |
where the evidence
suggests that the parent intended to |
relinquish his or her parental rights.
|
(b) Failure to maintain a reasonable degree of |
interest, concern or
responsibility as to the child's |
welfare.
|
(c) Desertion of the child for more than 3 months next |
|
preceding the
commencement of the Adoption proceeding.
|
(d) Substantial neglect
of the
child if continuous or |
repeated.
|
(d-1) Substantial neglect, if continuous or repeated, |
of any child
residing in the household which resulted in |
the death of that child.
|
(e) Extreme or repeated cruelty to the child.
|
(f) There is a rebuttable presumption, which can be |
overcome only by clear and convincing evidence, that a |
parent is unfit if:
|
(1) Two or more findings of physical abuse have |
been entered regarding any children under Section 2-21 |
of the Juvenile Court Act
of 1987, the most recent of |
which was determined by the juvenile court
hearing the |
matter to be supported by clear and convincing |
evidence; or |
(2) The parent has been convicted or found not |
guilty by reason of insanity and the conviction or |
finding resulted from the death of any child by |
physical abuse; or
|
(3) There is a finding of physical child abuse |
resulting from the death of any
child under Section |
2-21 of the
Juvenile Court Act of 1987. |
No conviction or finding of delinquency pursuant |
to Article 5 of the Juvenile Court Act of 1987 shall be |
considered a criminal conviction for the purpose of |
|
applying any presumption under this item (f).
|
(g) Failure to protect the child from conditions within |
his environment
injurious to the child's welfare.
|
(h) Other neglect of, or misconduct toward the child; |
provided that in
making a finding of unfitness the court |
hearing the adoption proceeding
shall not be bound by any |
previous finding, order or judgment affecting
or |
determining the rights of the parents toward the child |
sought to be adopted
in any other proceeding except such |
proceedings terminating parental rights
as shall be had |
under either this Act, the Juvenile Court Act or
the |
Juvenile Court Act of 1987.
|
(i) Depravity. Conviction of any one of the following
|
crimes shall create a presumption that a parent is depraved |
which can be
overcome only by clear and convincing |
evidence:
(1) first degree murder in violation of paragraph |
1 or
2 of subsection (a) of Section 9-1 of the Criminal |
Code of 1961 or conviction
of second degree murder in |
violation of subsection (a) of Section 9-2 of the
Criminal |
Code of 1961 of a parent of the child to be adopted; (2)
|
first degree murder or second degree murder of any child in
|
violation of the Criminal Code of 1961; (3)
attempt or |
conspiracy to commit first degree murder or second degree |
murder
of any child in violation of the Criminal Code of |
1961; (4)
solicitation to commit murder of any child, |
solicitation to
commit murder of any child for hire, or |
|
solicitation to commit second
degree murder of any child in |
violation of the Criminal Code of 1961; (5)
predatory |
criminal sexual assault of a child in violation of
Section |
11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) |
heinous battery of any child in violation of the Criminal |
Code of 1961; or (7) aggravated battery of any child in |
violation of the Criminal Code of 1961.
|
There is a rebuttable presumption that a parent is |
depraved if the parent
has been criminally convicted of at |
least 3 felonies under the laws of this
State or any other |
state, or under federal law, or the criminal laws of any
|
United States territory; and at least
one of these
|
convictions took place within 5 years of the filing of the |
petition or motion
seeking termination of parental rights.
|
There is a rebuttable presumption that a parent is |
depraved if that
parent
has
been criminally convicted of |
either first or second degree murder of any person
as |
defined in the Criminal Code of 1961 within 10 years of the |
filing date of
the petition or motion to terminate parental |
rights. |
No conviction or finding of delinquency pursuant to |
Article 5 of the Juvenile Court Act of 1987 shall be |
considered a criminal conviction for the purpose of |
applying any presumption under this item (i).
|
(j) Open and notorious adultery or fornication.
|
(j-1) (Blank).
|
|
(k) Habitual drunkenness or addiction to drugs, other |
than those
prescribed by a physician, for at least one year |
immediately
prior to the commencement of the unfitness |
proceeding.
|
There is a rebuttable presumption that a parent is |
unfit under this
subsection
with respect to any child to |
which that parent gives birth where there is a
confirmed
|
test result that at birth the child's blood, urine, or |
meconium contained any
amount of a controlled substance as |
defined in subsection (f) of Section 102 of
the Illinois |
Controlled Substances Act or metabolites of such |
substances, the
presence of which in the newborn infant was |
not the result of medical treatment
administered to the |
mother or the newborn infant; and the biological mother of
|
this child is the biological mother of at least one other |
child who was
adjudicated a neglected minor under |
subsection (c) of Section 2-3 of the
Juvenile Court Act of |
1987.
|
(l) Failure to demonstrate a reasonable degree of |
interest, concern or
responsibility as to the welfare of a |
new born child during the first 30
days after its birth.
|
(m) Failure by a parent (i) to make reasonable efforts |
to correct the
conditions that were the basis for the |
removal of the child from the
parent, or (ii) to make |
reasonable progress toward the return of the child
to
the |
parent within 9 months after an adjudication of neglected |
|
or abused
minor under Section 2-3 of the Juvenile Court Act |
of 1987 or dependent
minor under Section 2-4 of that Act, |
or (iii) to make reasonable progress
toward the return of |
the
child to the parent during any 9-month period after the |
end of the initial
9-month period following the |
adjudication of
neglected or abused minor under Section 2-3 |
of the Juvenile Court
Act of 1987 or dependent minor under |
Section 2-4 of that Act.
If a service plan has been |
established as
required under
Section 8.2 of the Abused and |
Neglected Child Reporting Act to correct the
conditions |
that were the basis for the removal of the child from the |
parent
and if those services were available,
then, for |
purposes of this Act, "failure to make reasonable progress |
toward the
return of the child to the parent" includes (I) |
the parent's failure to
substantially fulfill his or her |
obligations under the
service plan and correct the |
conditions that brought the child into care
within 9 months |
after the adjudication under Section 2-3 or 2-4
of the |
Juvenile Court Act of 1987
and (II) the parent's failure to |
substantially fulfill his or her obligations
under
the |
service plan and correct the conditions that brought the |
child into care
during any 9-month period after the end of |
the initial 9-month period
following the adjudication |
under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. |
Notwithstanding any other provision, when a petition or |
motion seeks to terminate parental rights on the basis of |
|
item (iii) of this subsection (m), the petitioner shall |
file with the court and serve on the parties a pleading |
that specifies the 9-month period or periods relied on. The |
pleading shall be filed and served on the parties no later |
than 3 weeks before the date set by the court for closure |
of discovery, and the allegations in the pleading shall be |
treated as incorporated into the petition or motion. |
Failure of a respondent to file a written denial of the |
allegations in the pleading shall not be treated as an |
admission that the allegations are true.
|
(m-1) Pursuant to the Juvenile Court Act of 1987, a |
child
has been in foster care for 15 months out of any 22 |
month period which begins
on or after the effective date of |
this amendatory Act of 1998 unless the
child's parent can |
prove
by a preponderance of the evidence that it is more |
likely than not that it will
be in the best interests of |
the child to be returned to the parent within 6
months of |
the date on which a petition for termination of parental |
rights is
filed under the Juvenile Court Act of 1987. The |
15 month time limit is tolled
during
any period for which |
there is a court finding that the appointed custodian or
|
guardian failed to make reasonable efforts to reunify the |
child with his or her
family, provided that (i) the finding |
of no reasonable efforts is made within
60 days of the |
period when reasonable efforts were not made or (ii) the |
parent
filed a motion requesting a finding of no reasonable |
|
efforts within 60 days of
the period when reasonable |
efforts were not made. For purposes of this
subdivision |
(m-1), the date of entering foster care is the earlier of: |
(i) the
date of
a judicial finding at an adjudicatory |
hearing that the child is an abused,
neglected, or |
dependent minor; or (ii) 60 days after the date on which |
the
child is removed from his or her parent, guardian, or |
legal custodian.
|
(n) Evidence of intent to forgo his or her parental |
rights,
whether or
not the child is a ward of the court, |
(1) as manifested
by his or her failure for a period of 12 |
months: (i) to visit the child,
(ii) to communicate with |
the child or agency, although able to do so and
not |
prevented from doing so by an agency or by court order, or |
(iii) to
maintain contact with or plan for the future of |
the child, although physically
able to do so, or (2) as |
manifested by the father's failure, where he
and the mother |
of the child were unmarried to each other at the time of |
the
child's birth, (i) to commence legal proceedings to |
establish his paternity
under the Illinois Parentage Act of |
1984 or the law of the jurisdiction of
the child's birth |
within 30 days of being informed, pursuant to Section 12a
|
of this Act, that he is the father or the likely father of |
the child or,
after being so informed where the child is |
not yet born, within 30 days of
the child's birth, or (ii) |
to make a good faith effort to pay a reasonable
amount of |
|
the expenses related to the birth of the child and to |
provide a
reasonable amount for the financial support of |
the child, the court to
consider in its determination all |
relevant circumstances, including the
financial condition |
of both parents; provided that the ground for
termination |
provided in this subparagraph (n)(2)(ii) shall only be
|
available where the petition is brought by the mother or |
the husband of
the mother.
|
Contact or communication by a parent with his or her |
child that does not
demonstrate affection and concern does |
not constitute reasonable contact
and planning under |
subdivision (n). In the absence of evidence to the
|
contrary, the ability to visit, communicate, maintain |
contact, pay
expenses and plan for the future shall be |
presumed. The subjective intent
of the parent, whether |
expressed or otherwise, unsupported by evidence of
the |
foregoing parental acts manifesting that intent, shall not |
preclude a
determination that the parent has intended to |
forgo his or her
parental
rights. In making this |
determination, the court may consider but shall not
require |
a showing of diligent efforts by an authorized agency to |
encourage
the parent to perform the acts specified in |
subdivision (n).
|
It shall be an affirmative defense to any allegation |
under paragraph
(2) of this subsection that the father's |
failure was due to circumstances
beyond his control or to |
|
impediments created by the mother or any other
person |
having legal custody. Proof of that fact need only be by a
|
preponderance of the evidence.
|
(o) Repeated or continuous failure by the parents, |
although physically
and financially able, to provide the |
child with adequate food, clothing,
or shelter.
|
(p) Inability to discharge parental responsibilities |
supported by
competent evidence from a psychiatrist, |
licensed clinical social
worker, or clinical psychologist |
of mental
impairment, mental illness or an intellectual |
disability as defined in Section
1-116 of the Mental Health |
and Developmental Disabilities Code, or
developmental |
disability as defined in Section 1-106 of that Code, and
|
there is sufficient justification to believe that the |
inability to
discharge parental responsibilities shall |
extend beyond a reasonable
time period. However, this |
subdivision (p) shall not be construed so as to
permit a |
licensed clinical social worker to conduct any medical |
diagnosis to
determine mental illness or mental |
impairment.
|
(q) (Blank).
|
(r) The child is in the temporary custody or |
guardianship of the
Department of Children and Family |
Services, the parent is incarcerated as a
result of |
criminal conviction at the time the petition or motion for
|
termination of parental rights is filed, prior to |
|
incarceration the parent had
little or no contact with the |
child or provided little or no support for the
child, and |
the parent's incarceration will prevent the parent from |
discharging
his or her parental responsibilities for the |
child for a period in excess of 2
years after the filing of |
the petition or motion for termination of parental
rights.
|
(s) The child is in the temporary custody or |
guardianship of the
Department of Children and Family |
Services, the parent is incarcerated at the
time the |
petition or motion for termination of parental rights is |
filed, the
parent has been repeatedly incarcerated as a |
result of criminal convictions,
and the parent's repeated |
incarceration has prevented the parent from
discharging |
his or her parental responsibilities for the child.
|
(t) A finding that at birth the child's blood,
urine, |
or meconium contained any amount of a controlled substance |
as
defined in subsection (f) of Section 102 of the Illinois |
Controlled Substances
Act, or a metabolite of a controlled |
substance, with the exception of
controlled substances or |
metabolites of such substances, the presence of which
in |
the newborn infant was the result of medical treatment |
administered to the
mother or the newborn infant, and that |
the biological mother of this child is
the biological |
mother of at least one other child who was adjudicated a
|
neglected minor under subsection (c) of Section 2-3 of the |
Juvenile Court Act
of 1987, after which the biological |
|
mother had the opportunity to enroll in
and participate in |
a clinically appropriate substance abuse
counseling, |
treatment, and rehabilitation program.
|
E. "Parent" means the father or mother of a lawful child of |
the parties or child born out of wedlock. For the purpose of |
this Act, a person who has executed a final and
irrevocable |
consent to adoption or a final and irrevocable surrender for
|
purposes of adoption, or whose parental rights have been |
terminated by a
court, is not a parent of the child who was the |
subject of the consent or
surrender, unless the consent is void |
pursuant to subsection O of Section 10.
|
F. A person is available for adoption when the person is:
|
(a) a child who has been surrendered for adoption to an |
agency and to
whose adoption the agency has thereafter |
consented;
|
(b) a child to whose adoption a person authorized by |
law, other than his
parents, has consented, or to whose |
adoption no consent is required pursuant
to Section 8 of |
this Act;
|
(c) a child who is in the custody of persons who intend |
to adopt him
through placement made by his parents;
|
(c-1) a child for whom a parent has signed a specific |
consent pursuant
to subsection O of Section 10;
|
(d) an adult who meets the conditions set forth in |
Section 3 of this
Act; or
|
(e) a child who has been relinquished as defined in |
|
Section 10 of the
Abandoned Newborn Infant Protection Act.
|
A person who would otherwise be available for adoption |
shall not be
deemed unavailable for adoption solely by reason |
of his or her death.
|
G. The singular includes the plural and the plural includes
|
the singular and the "male" includes the "female", as the |
context of this
Act may require.
|
H. "Adoption disruption" occurs when an adoptive placement |
does not
prove successful and it becomes necessary for the |
child to be removed from
placement before the adoption is |
finalized.
|
I. "Foreign placing agency" is an agency or individual |
operating in a
country or territory outside the United States |
that is authorized by its
country to place children for |
adoption either directly with families in the
United States or |
through United States based international agencies.
|
J. "Immediate relatives" means the biological parents, the |
parents of
the biological parents and siblings of the |
biological parents.
|
K. "Intercountry adoption" is a process by which a child |
from a country
other than the United States is adopted.
|
L. "Intercountry Adoption Coordinator" is a staff person of |
the
Department of Children and Family Services appointed by the |
Director to
coordinate the provision of services by the public |
and private sector to
prospective parents of foreign-born |
children.
|
|
M. "Interstate Compact on the Placement of Children" is a |
law enacted by
most states for the purpose of establishing |
uniform procedures for handling
the interstate placement of |
children in foster homes, adoptive homes, or
other child care |
facilities.
|
N. "Non-Compact state" means a state that has not enacted |
the
Interstate Compact on the Placement of Children.
|
O. "Preadoption requirements" are any conditions |
established by the laws
or regulations of the Federal |
Government or of each state that must be met
prior to the |
placement of a child in an adoptive home.
|
P. "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
the child physical injury, by other than |
accidental means, that 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 |
the 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 the child,
as sex offenses are defined in the |
Criminal Code of 1961
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
the child; or
|
(e) inflicts excessive corporal punishment.
|
Q. "Neglected child" means any child whose parent or other |
person
responsible for the child's welfare withholds or denies |
nourishment or
medically indicated treatment including food or |
care denied 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 does not provide the proper or necessary support, |
education
as required by law, 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.
|
A child shall not be considered neglected or abused for the
|
sole reason that the 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 the Abused and Neglected |
Child Reporting Act.
A child shall not be considered neglected |
or abused for the sole reason that
the child's parent or other |
|
person responsible for the child's welfare failed
to vaccinate, |
delayed vaccination, or refused vaccination for the child
due |
to a waiver on religious or medical grounds as permitted by |
law.
|
R. "Putative father" means a man who may be a child's |
father, but who (1) is
not married to the child's mother on or |
before the date that the child was or
is to be born and (2) has |
not established paternity of the child in a court
proceeding |
before the filing of a petition for the adoption of the child. |
The
term includes a male who is less than 18 years of age. |
"Putative father" does
not mean a man who is the child's father |
as a result of criminal sexual abuse
or assault as defined |
under Article 12 of the Criminal Code of 1961.
|
S. "Standby adoption" means an adoption in which a parent
|
consents to custody and termination of parental rights to |
become
effective upon the occurrence of a future event, which |
is either the death of
the
parent or the request of the parent
|
for the entry of a final judgment of adoption.
|
T. (Blank).
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; |
revised 9-15-11.)
|
Section 15-100. The Probate Act of 1975 is amended by |
changing Sections 2-6.2 and 2-6.6 as follows:
|
(755 ILCS 5/2-6.2)
|
|
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an |
elderly person
or a person with a disability. |
(a) In this Section:
|
"Abuse" means any offense described in Section 12-21 or |
subsection (b) of Section 12-4.4a of the Criminal Code of
1961.
|
"Financial exploitation" means any offense described in |
Section 16-1.3 or 17-56 of the
Criminal Code of 1961.
|
"Neglect" means any offense described in Section 12-19 or |
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961.
|
(b) Persons convicted of financial exploitation,
abuse, or |
neglect of an elderly person or a person with a disability |
shall not
receive
any property, benefit, or other interest by |
reason of the
death of that elderly person or person with a |
disability, whether as heir,
legatee,
beneficiary, survivor, |
appointee, claimant under Section 18-1.1, or in any other |
capacity
and whether the property, benefit, or other interest |
passes
pursuant to any form of title registration, testamentary |
or
nontestamentary instrument, intestacy, renunciation, or any
|
other circumstance. The property, benefit, or other
interest |
shall pass as if the person convicted of the
financial |
exploitation, abuse, or neglect died before the
decedent, |
provided that with respect to joint tenancy
property the |
interest possessed prior to the death by the
person convicted |
of the financial exploitation, abuse, or
neglect shall not be
|
diminished by the application of this Section. Notwithstanding |
the
foregoing, a person convicted of financial exploitation, |
|
abuse, or neglect of
an elderly person or a person with a |
disability shall be entitled to receive
property, a benefit, or |
an
interest in any capacity and under any circumstances |
described in this
subsection (b) if it is demonstrated by clear |
and convincing evidence that the
victim of that offense knew of |
the conviction and subsequent to the
conviction expressed or |
ratified his or her intent to transfer the property,
benefit, |
or interest to the person convicted of financial exploitation, |
abuse,
or
neglect of an elderly person or a person with a |
disability in any manner
contemplated by this subsection
(b).
|
(c) (1) The holder of any property subject to the
|
provisions of this Section shall not be liable for
|
distributing or releasing the property to the person
|
convicted of financial exploitation, abuse, or neglect of
|
an elderly person or a person with a disability if the |
distribution or release
occurs
prior to the conviction.
|
(2) If the holder is a financial institution, trust |
company, trustee, or
similar entity or person, the holder |
shall not be liable for any distribution
or
release of the |
property, benefit, or other interest to the person |
convicted of
a
violation of Section 12-19, 12-21, 16-1.3, |
or 17-56, or subsection (a) or (b) of Section 12-4.4a, of |
the Criminal Code of 1961
unless the holder knowingly |
distributes or releases the property, benefit, or
other |
interest to the person so convicted after first having |
received actual
written notice of the conviction in |
|
sufficient time to act upon the notice.
|
(d) If the holder of any property subject to the
provisions |
of this Section knows that a potential beneficiary has been
|
convicted of financial
exploitation, abuse, or neglect of an |
elderly person or a person with a
disability within
the scope |
of this Section, the holder shall fully cooperate
with law |
enforcement authorities and judicial officers in
connection |
with any investigation of the financial
exploitation, abuse, or |
neglect. If the holder is a person or entity that is
subject to |
regulation by a regulatory agency pursuant to the laws of this |
or
any other state or pursuant to the laws of the United |
States, including but not
limited to the business of a |
financial institution, corporate fiduciary, or
insurance |
company, then such person or entity shall not be deemed to be |
in
violation of this Section to the extent that privacy laws |
and regulations
applicable to such person or entity prevent it |
from voluntarily providing law
enforcement authorities or |
judicial officers with information.
|
(Source: P.A. 95-315, eff. 1-1-08; 96-1551, Article 1, Section |
995, eff. 7-1-11; 96-1551, Article 10, Section 10-155, eff. |
7-1-11; revised 9-30-11.)
|
(755 ILCS 5/2-6.6)
|
Sec. 2-6.6.
Person convicted of certain offenses against |
the elderly or
disabled. A person who is convicted of a |
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
|
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 may not receive any property, benefit, or
other |
interest by reason of the death of the victim of that offense, |
whether as
heir, legatee, beneficiary, joint tenant, tenant by |
the entirety, survivor,
appointee, or in any other capacity and |
whether the property, benefit, or other
interest passes |
pursuant to any form of title registration, testamentary or
|
nontestamentary instrument, intestacy, renunciation, or any |
other circumstance.
The property, benefit, or other interest |
shall pass as if the person convicted
of a violation of Section |
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of |
Section 12-4.4a, of the Criminal Code of 1961
died before the |
decedent; provided that with respect to joint tenancy property
|
or property held in tenancy by the entirety, the interest |
possessed prior to
the death by the person convicted may not
be |
diminished by the application of this Section. Notwithstanding |
the
foregoing, a person convicted of a violation of Section |
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of |
Section 12-4.4a,
of the Criminal Code of 1961 shall be entitled |
to receive property, a
benefit, or an interest in any capacity |
and under any circumstances described
in this Section if it is |
demonstrated by clear and convincing evidence that the
victim |
of that offense knew of the conviction and subsequent to the
|
conviction expressed or ratified his or her intent to transfer |
the property,
benefit, or interest to the person convicted of a |
violation of Section 12-19,
12-21, 16-1.3, or 17-56, or |
|
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 in any manner contemplated
by this Section.
|
The holder of any property subject to the provisions of |
this Section
is not liable for distributing or releasing the |
property to the person
convicted of violating Section 12-19, |
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section |
12-4.4a, of the Criminal
Code of 1961.
|
If the holder is a financial institution, trust company, |
trustee, or
similar entity or person, the holder shall not be |
liable for any distribution
or
release of the property, |
benefit, or other interest to the person convicted of
a |
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961
unless the holder knowingly distributes or releases the |
property, benefit, or
other interest to the person so convicted |
after first having received actual
written notice of the |
conviction in sufficient time to act upon the notice.
|
The Department of State Police shall have access to State |
of Illinois
databases containing information that may help in |
the identification or
location of persons convicted of the |
offenses enumerated in this Section.
Interagency agreements |
shall be implemented, consistent with security and
procedures |
established by the State agency and consistent with the laws
|
governing the confidentiality of the information in the |
databases. Information
shall be used only for administration of |
this Section.
|