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Public Act 097-1109 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
| ||||
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
| ||||
(720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
| ||||
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 |
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.
| ||
(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.
| ||
(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.
| ||
(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.
| ||
(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 .)
|
(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| ||
Sec. 12C-10 12-21.5 . Child abandonment Abandonment .
| ||
(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.
| ||
(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:
| ||
(1) the age of the child;
| ||
(2) the number of children left at the location;
| ||
(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;
| ||
(4) the duration of time in which the child was left | ||
without supervision;
| ||
(5) the condition and location of the place where the |
child was left
without supervision;
| ||
(6) the time of day or night when the child was left | ||
without supervision;
| ||
(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;
| ||
(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;
| ||
(9) whether the child's movement was restricted, or the | ||
child was
otherwise locked within a room or other | ||
structure;
| ||
(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;
| ||
(11) whether there was food and other provision left | ||
for the child;
| ||
(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;
| ||
(13) the age and physical and mental capabilities of |
the person or persons
who provided supervision for the | ||
child;
| ||
(14) any other factor that would endanger the health or | ||
safety of that
particular child;
| ||
(15) whether the child was left under the supervision | ||
of another person.
| ||
(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.
| ||
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
| ||
(720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
| ||
Sec. 12C-15 12-22 . Child abandonment or endangerment; | ||
probation Probation .
| ||
(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
| ||
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 |
shall require the person to cooperate with
the Department of | ||
Children and Family Services at the times and in the programs
| ||
that the Department of Children and Family Services may | ||
require.
| ||
(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.
| ||
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.
| ||
(c) Discharge and dismissal under this Section may occur | ||
only once.
| ||
(d) Probation under this Section may not be for a period of | ||
less than 2
years.
| ||
(e) If the child dies of the injuries alleged, this Section | ||
shall be
inapplicable.
| ||
(Source: P.A. 88-479.)
| ||
(720 ILCS 5/12C-20 new) |
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
| ||
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, |
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.
| ||
(720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
| ||
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 |
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 .
| ||
(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; |
(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
|
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
| ||
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.
| ||
(Source: P.A. 91-337, eff. 1-1-00.)
| ||
(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)
| ||
Sec. 12C-35 12-10 . Tattooing the body of a minor. Tattooing | ||
Body of Minor.
| ||
(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 .
| ||
(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
| ||
premises where
tattooing
is being performed unless the person |
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.
| ||
(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.
| ||
(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.)
| ||
(720 ILCS 5/12C-40)
(was 720 ILCS 5/12-10.1)
| ||
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
| ||
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:
| ||
"I understand that the oral piercing of the tongue, lips, |
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.".
| ||
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.
| ||
(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
| ||
years of age
is accompanied by his or her parent or legal | ||
guardian.
| ||
(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of | ||
this
Section is a Class A
misdemeanor.
| ||
(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
| ||
12-10.2. The term "body" includes the oral cavity.
| ||
(c) Exceptions. This Section may not be construed in any | ||
way to prohibit
any injection, incision, acupuncture, or |
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
| ||
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.
| ||
(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.)
| ||
(720 ILCS 5/12C-45)
(was 720 ILCS 5/12-4.9)
| ||
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.
| ||
(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
| ||
a person under the age of 18 with the intent
that the
person |
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 .
| ||
(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.
| ||
(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.
| ||
(Source: P.A. 89-632, eff. 1-1-97.)
| ||
(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
| ||
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 |
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; |
(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 |
other circumstances, no defense in subsection (b) is present.
| ||
(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
| ||
business operated for a profit to which the public is
| ||
invited, including, but not limited to, any place of | ||
amusement
or entertainment.
| ||
(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 |
(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 |
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 |
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.) |
(720 ILCS 5/Art. 33D rep.) | ||
(720 ILCS 5/Art. 44 rep.) | ||
Section 10-925. The Criminal Code of 1961 is amended by | ||
repealing Section 12-21.7 and Articles 33D and 44.
| ||
(720 ILCS 120/Act rep.)
| ||
Section 10-930. The Hazing Act is repealed. | ||
(720 ILCS 130/Act rep.) | ||
Section 10-935. The Neglected Children Offense Act is | ||
repealed.
| ||
(720 ILCS 150/4.1 rep.)
| ||
Section 10-940. The Wrongs to Children Act is amended by | ||
repealing Section 4.1.
| ||
(720 ILCS 525/Act rep.)
| ||
Section 10-945. The Adoption Compensation Prohibition Act | ||
is repealed.
| ||
(720 ILCS 555/Act rep.)
| ||
Section 10-950. The Child Curfew Act is repealed. | ||
Section 10-955. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 115-10, 124B-10, and 124B-100 and | ||
by adding Part 1000 to Article 124B as follows:
|
(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.
|
(II) OFFENSES DIRECTED AGAINST PROPERTY
| ||
(14) Felony theft.
| ||
(15) Robbery.
| ||
(16) Armed robbery.
| ||
(17) Aggravated robbery.
| ||
(18) Vehicular hijacking.
| ||
(19) Aggravated vehicular hijacking.
| ||
(20) Burglary.
| ||
(21) Possession of burglary tools.
| ||
(22) Residential burglary.
| ||
(23) Criminal fortification of a residence or | ||
building.
| ||
(24) Arson.
| ||
(25) Aggravated arson.
| ||
(26) Possession of explosive or explosive incendiary | ||
devices.
| ||
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||
(27) Felony unlawful use of weapons.
| ||
(28) Aggravated discharge of a firearm.
| ||
(29) Reckless discharge of a firearm.
| ||
(30) Unlawful use of metal piercing bullets.
| ||
(31) Unlawful sale or delivery of firearms on the |
premises of any school.
| ||
(32) Disarming a police officer.
| ||
(33) Obstructing justice.
| ||
(34) Concealing or aiding a fugitive.
| ||
(35) Armed violence.
| ||
(36) Felony contributing to the criminal delinquency | ||
of a juvenile.
| ||
(IV) DRUG OFFENSES
| ||
(37) Possession of more than 30 grams of cannabis.
| ||
(38) Manufacture of more than 10 grams of cannabis.
| ||
(39) Cannabis trafficking.
| ||
(40) Delivery of cannabis on school grounds.
| ||
(41) Unauthorized production of more than 5 cannabis | ||
sativa plants.
| ||
(42) Calculated criminal cannabis conspiracy.
| ||
(43) Unauthorized manufacture or delivery of | ||
controlled substances.
| ||
(44) Controlled substance trafficking.
| ||
(45) Manufacture, distribution, or advertisement of | ||
look-alike substances.
| ||
(46) Calculated criminal drug conspiracy.
| ||
(46.5) Streetgang criminal drug conspiracy.
| ||
(47) Permitting unlawful use of a building.
| ||
(48) Delivery of controlled, counterfeit, or |
look-alike substances to
persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or
on school | ||
property.
| ||
(49) Using, engaging, or employing persons under 18 to | ||
deliver controlled,
counterfeit, or look-alike substances.
| ||
(50) Delivery of controlled substances.
| ||
(51) Sale or delivery of drug paraphernalia.
| ||
(52) Felony possession, sale, or exchange of | ||
instruments adapted for use
of a controlled substance, | ||
methamphetamine, or cannabis by subcutaneous injection. | ||
(53) Any violation of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(d) Notwithstanding subsection (c), the Department may | ||
issue a new foster
family home license or may renew an existing
| ||
foster family home license of an applicant who was convicted of | ||
an offense
described in subsection (c), provided all of the | ||
following requirements are
met:
| ||
(1) The relevant criminal offense or offenses occurred | ||
more than 10 years
prior to the date of application or | ||
renewal.
| ||
(2) The applicant had previously disclosed the | ||
conviction or convictions
to the Department for purposes of | ||
a background check.
| ||
(3) After the disclosure, the Department either placed | ||
a child in the home
or the foster family home license was | ||
issued.
|
(4) During the background check, the Department had | ||
assessed and
waived the conviction in compliance with the | ||
existing statutes and rules in
effect at the time of the | ||
waiver.
| ||
(5) The applicant meets all other requirements and | ||
qualifications to be
licensed as a foster family home under | ||
this Act and the Department's
administrative
rules.
| ||
(6) The applicant has a history of providing a safe, | ||
stable home
environment and appears able to continue to | ||
provide a safe, stable home
environment.
| ||
(Source: P.A. 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.)
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(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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Sec. 5-5-3. Disposition.
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(a) (Blank).
| ||
(b) (Blank).
| ||
(c) (1) (Blank).
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(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the | ||
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
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(A) First degree murder where the death penalty is |
not imposed.
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(B) Attempted first degree murder.
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(C) A Class X felony.
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(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1), (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.
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(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.
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(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.
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(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
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(I) Aggravated battery of a senior citizen as | ||
described in Section 12-4.6 or subdivision (a)(4) of | ||
Section 12-3.05.
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(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
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(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.
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(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the |
property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
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(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
Criminal Code of 1961.
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(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.
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(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
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(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
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(S) (Blank).
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(T) A second or subsequent violation of the | ||
Methamphetamine Control and Community Protection Act.
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(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.
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(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.
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(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.
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(3) (Blank).
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(4) A minimum term of imprisonment of not less than 10
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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.
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(4.1) (Blank).
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(5) The court may sentence a corporation or | ||
unincorporated
association convicted of any offense to:
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(A) a period of conditional discharge;
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(B) a fine;
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(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
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(5.1) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.2) or (5.3), a person
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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.
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(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.
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(5.3) In addition to any other penalties imposed, a | ||
person convicted of violating subsection (c) of Section
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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.
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(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.
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(6) (Blank).
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(7) (Blank).
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(8) (Blank).
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(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.
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(10) (Blank).
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(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
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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.
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(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.
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(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.
|
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||
96-1551, Article 10, Section 10-155, eff. 7-1-11; revised | ||
9-30-11.)
|