State of Illinois
91st General Assembly
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Public Act 91-0696

SB1365 Enrolled                                LRB9111410RCpk

    AN ACT to re-enact certain criminal provisions of  Public
Act 88-680.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1. Purpose.
    (1)  The General Assembly finds and declares that:
         (i)  Public Act 88-680, effective January  1,  1995,
    contained  provisions amending the Criminal Code of 1961,
    the  Unified  Code  of  Corrections  and  the  Wrongs  to
    Children Act. Public  Act  88-680  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 December 2,  1999,  the  Illinois  Supreme
    Court,  in  People  v. Cervantes, Docket No. 87229, 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.
         (iv)  The  provisions  of Public Act 88-680 amending
    the  Criminal  Code  of  1961,  the   Unified   Code   of
    Corrections,  and the Wrongs to Children Act are of vital
    concern to the  people  of  this  State  and  legislative
    action  concerning  those provisions of Public Act 88-680
    is necessary.
    (2)  It is the purpose of this Act  to  re-enact  certain
criminal   provisions   of   Public   Act  88-680,  including
subsequent  amendments.  This  re-enactment  is  intended  to
remove any question as to the validity or  content  of  those
provisions.
    (3)  This  Act  re-enacts  certain criminal provisions of
Public Act 88-680, including subsequent amendments, to remove
any  question  as  to  the  validity  or  content  of   those
provisions;  it is not intended to supersede any other Public
Act that amends the text of the Sections as set forth in this
Act. The material is shown as existing  text  (i.e.,  without
underscoring), except for technical changes having a revisory
function.

                      ARTICLE 15. GANGS

    Section  15-5.   The  Criminal Code of 1961 is amended by
re-enacting Sections 12-6, 32-4, and 32-4a as follows:
    (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
    Sec. 12-6. Intimidation.
    (a)  A person commits intimidation when, with  intent  to
cause  another  to  perform or to omit the performance of any
act, he  communicates  to  another,  whether  in  person,  by
telephone  or  by  mail,  a  threat to perform without lawful
authority any of the following acts:
         (1)  Inflict physical harm on the person  threatened
or any other person or on property; or
         (2)  Subject  any  person to physical confinement or
restraint; or
         (3)  Commit any criminal offense; or
         (4)  Accuse any person of an offense; or
         (5)  Expose  any  person  to  hatred,  contempt   or
ridicule; or
         (6)  Take action as a public official against anyone
or  anything,  or  withhold  official  action,  or cause such
action or withholding; or
         (7)  Bring about or continue a  strike,  boycott  or
other collective action.
    (b)  Sentence.
    Intimidation  is  a  Class 3 felony for which an offender
may be sentenced to a term of imprisonment of not less than 2
years and not more than 10 years.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
    Sec. 32-4.  Communicating with jurors and witnesses.
    (a)  A person who, with intent to  influence  any  person
whom  he believes has been summoned as a juror, regarding any
matter  which  is  or  may  be  brought  before  such  juror,
communicates,  directly  or  indirectly,  with   such   juror
otherwise than as authorized by law commits a Class 4 felony.
    (b)  A  person  who,  with  intent  to deter any party or
witness from testifying freely, fully and truthfully  to  any
matter  pending  in  any  court,  or  before  a  Grand  Jury,
Administrative   agency   or   any   other   State  or  local
governmental unit, forcibly detains such party or witness, or
communicates,  directly  or  indirectly,  to  such  party  or
witness any knowingly false information or a threat of injury
or damage to the property or  person  of  any  individual  or
offers  or delivers or threatens to withhold money or another
thing of value to any individual commits a Class 3 felony.
(Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)

    (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
    Sec. 32-4a.  Harassment of representatives for the child,
jurors, witnesses and family members of  representatives  for
the child, jurors, and witnesses.
    (a)  A person who, with intent to harass or annoy one who
has  served  or  is  serving  or  who is a family member of a
person who has served or is serving (1) as a juror because of
the  verdict  returned  by  the  jury  in  a  pending   legal
proceeding  or  the participation of the juror in the verdict
or (2) as a witness, or who may be expected  to  serve  as  a
witness  in  a  pending  legal  proceeding,  because  of  the
testimony or potential testimony of the witness, communicates
directly  or  indirectly  with  the juror, witness, or family
member of a juror or witness in such  manner  as  to  produce
mental  anguish or emotional distress or who conveys a threat
of injury or damage to the property or person of  any  juror,
witness,  or  family member of the juror or witness commits a
Class 2 felony.
    (b)  A person who, with intent to harass or annoy one who
has served or is serving or who  is  a  family  member  of  a
person  who  has served or is serving as a representative for
the child,  appointed  under  Section  506  of  the  Illinois
Marriage  and  Dissolution of Marriage Act, Section 12 of the
Uniform Child Custody Jurisdiction Act, or Section  2-502  of
the  Code  of  Civil Procedure, because of the representative
service of that capacity, communicates directly or indirectly
with  the  representative  or  a   family   member   of   the
representative in such manner as to produce mental anguish or
emotional  distress  or  who  conveys  a  threat of injury or
damage to the property or person of any representative  or  a
family  member  of  the  representative  commits  a  Class  A
misdemeanor.
    (c)  For  purposes of this Section, "family member" means
a spouse, parent, child, stepchild or other person related by
blood or by present marriage, a person who has, or  allegedly
has  a  child in common, and a person who shares or allegedly
shares a blood relationship through a child.
(Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)

    Section  15-15.   The  Unified  Code  of  Corrections  is
amended by re-enacting Sections 5-5-3.2, 5-6-3,  and  5-6-3.1
as follows:

    (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
    Sec. 5-5-3.2.  Factors in Aggravation.
    (a)  The  following  factors  shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to  impose  a  more  severe  sentence
under Section 5-8-1:
         (1)  the  defendant's  conduct  caused or threatened
    serious harm;
         (2)  the   defendant   received   compensation   for
    committing the offense;
         (3)  the  defendant   has   a   history   of   prior
    delinquency or criminal activity;
         (4)  the  defendant,  by the duties of his office or
    by his position, was obliged to  prevent  the  particular
    offense committed or to bring the offenders committing it
    to justice;
         (5)  the defendant held public office at the time of
    the  offense,  and  the offense related to the conduct of
    that office;
         (6)  the   defendant   utilized   his   professional
    reputation or position in the  community  to  commit  the
    offense,  or  to afford him an easier means of committing
    it;
         (7)  the sentence is necessary to deter others  from
    committing the same crime;
         (8)  the  defendant  committed the offense against a
    person  60  years  of  age  or  older  or  such  person's
    property;
         (9)  the defendant committed the offense  against  a
    person  who  is  physically  handicapped or such person's
    property;
         (10)  by reason of another  individual's  actual  or
    perceived race, color, creed, religion, ancestry, gender,
    sexual  orientation,  physical  or  mental disability, or
    national origin,  the  defendant  committed  the  offense
    against  (i)  the  person or property of that individual;
    (ii) the person or  property  of  a  person  who  has  an
    association with, is married to, or has a friendship with
    the  other individual; or (iii) the person or property of
    a relative (by blood or marriage) of a  person  described
    in clause (i) or (ii).  For the purposes of this Section,
    "sexual      orientation"      means     heterosexuality,
    homosexuality, or bisexuality;
         (11)  the offense took place in a place  of  worship
    or  on  the  grounds  of  a place of worship, immediately
    prior  to,  during  or  immediately   following   worship
    services.   For  purposes of this subparagraph, "place of
    worship"  shall  mean  any  church,  synagogue  or  other



    building, structure or place used primarily for religious
    worship;
         (12)  the  defendant  was  convicted  of  a   felony
    committed  while  he  was  released  on  bail  or his own
    recognizance pending trial for a  prior  felony  and  was
    convicted  of  such  prior  felony,  or the defendant was
    convicted of a felony committed while he  was  serving  a
    period  of probation, conditional discharge, or mandatory
    supervised release under subsection (d) of Section  5-8-1
    for a prior felony;
         (13)  the defendant committed or attempted to commit
    a  felony  while  he was wearing a bulletproof vest.  For
    the purposes of this paragraph (13), a  bulletproof  vest
    is  any  device  which  is  designed  for  the purpose of
    protecting the wearer from bullets, shot or other  lethal
    projectiles;
         (14)  the  defendant  held  a  position  of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal  Code  of  1961,
    teacher,  scout  leader, baby sitter, or day care worker,
    in relation to a victim under 18 years of  age,  and  the
    defendant  committed  an  offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
    12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
    1961 against that victim;
         (15)  the defendant committed an offense related  to
    the activities of an organized gang.  For the purposes of
    this factor, "organized gang" has the meaning ascribed to
    it  in  Section  10  of  the Streetgang Terrorism Omnibus
    Prevention Act;
         (16)  the  defendant   committed   an   offense   in
    violation  of  one  of  the following Sections while in a
    school, regardless of the time of day or time of year; on
    any conveyance owned, leased, or contracted by  a  school
    to  transport  students  to  or  from  school or a school
    related activity; on the real property of a school; or on
    a public way within  1,000  feet  of  the  real  property
    comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
    11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
    12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
    12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
    1961;
         (16.5)  the  defendant  committed  an   offense   in
    violation of one of the following Sections while in a day
    care  center,  regardless  of  the time of day or time of
    year;  on  the  real  property  of  a  day  care  center,
    regardless of the time of day or time of year;  or  on  a
    public  way  within  1,000  feet  of  the  real  property
    comprising any day care center, regardless of the time of
    day  or time of year:  Section 10-1, 10-2, 10-5, 11-15.1,
    11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2,  12-4,  12-4.1,
    12-4.2,  12-4.3,  12-6,  12-6.1,  12-13,  12-14, 12-14.1,
    12-15, 12-16, 18-2, or 33A-2  of  the  Criminal  Code  of
    1961;
         (17)  the  defendant committed the offense by reason
    of  any  person's  activity  as  a   community   policing
    volunteer  or  to  prevent  any  person  from engaging in
    activity as a  community  policing  volunteer.   For  the
    purpose  of  this Section, "community policing volunteer"
    has the meaning ascribed to it in Section  2-3.5  of  the
    Criminal Code of 1961; or
         (18)  the  defendant  committed  the  offense  in  a
    nursing home or on the real property comprising a nursing
    home.   For the purposes of this paragraph (18), "nursing
    home" means a skilled nursing or intermediate  long  term
    care  facility that is subject to license by the Illinois
    Department of Public Health under the Nursing  Home  Care
    Act; or.
         (19)  (18)  the  defendant  was a federally licensed
    firearm  dealer  and  was  previously  convicted   of   a
    violation  of  subsection (a) of Section 3 of the Firearm
    Owners Identification Card  Act  and  has  now  committed
    either   a   felony   violation  of  the  Firearm  Owners
    Identification Card Act or an act of armed violence while
    armed with a firearm.
    For the purposes of this Section:
    "School" is defined as a public or private elementary  or
secondary school, community college, college, or university.
    "Day  care  center"  means  a  public  or  private  State
certified  and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays  a  sign  in
plain view stating that the property is a day care center.
    (b)  The following factors may be considered by the court
as  reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
         (1)  When a defendant is convicted  of  any  felony,
    after having been previously convicted in Illinois or any
    other jurisdiction of the same or similar class felony or
    greater  class  felony, when such conviction has occurred
    within 10 years after the previous conviction,  excluding
    time  spent  in  custody, and such charges are separately
    brought and tried and arise out of  different  series  of
    acts; or
         (2)  When a defendant is convicted of any felony and
    the  court  finds  that  the  offense  was accompanied by
    exceptionally brutal or heinous  behavior  indicative  of
    wanton cruelty; or
         (3)  When  a  defendant  is  convicted  of voluntary
    manslaughter,   second   degree    murder,    involuntary
    manslaughter  or reckless homicide in which the defendant
    has been convicted of causing the death of more than  one
    individual; or
         (4)  When  a  defendant  is  convicted of any felony
    committed against:
              (i)  a person under 12 years of age at the time
         of the offense or such person's property;
              (ii)  a person 60 years of age or older at  the
         time of the offense or such person's property; or
              (iii)  a  person  physically handicapped at the
         time of the offense or such person's property; or
         (5)  In  the  case  of  a  defendant  convicted   of
    aggravated  criminal  sexual  assault  or criminal sexual
    assault, when the court finds  that  aggravated  criminal
    sexual  assault  or  criminal  sexual  assault  was  also
    committed  on  the  same  victim  by  one  or  more other
    individuals, and the defendant  voluntarily  participated
    in  the  crime with the knowledge of the participation of
    the others in the crime, and the commission of the  crime
    was part of a single course of conduct during which there
    was  no  substantial change in the nature of the criminal
    objective; or
         (6)  When a defendant is convicted of any felony and
    the offense  involved  any  of  the  following  types  of
    specific  misconduct  committed  as  part  of a ceremony,
    rite, initiation, observance,  performance,  practice  or
    activity   of   any   actual   or  ostensible  religious,
    fraternal, or social group:
              (i)  the brutalizing or torturing of humans  or
         animals;
              (ii)  the theft of human corpses;
              (iii)  the kidnapping of humans;
              (iv)  the    desecration   of   any   cemetery,
         religious,   fraternal,   business,    governmental,
         educational, or other building or property; or
              (v)  ritualized abuse of a child; or
         (7)  When  a  defendant is convicted of first degree
    murder,  after  having  been  previously   convicted   in
    Illinois  of any offense listed under paragraph (c)(2) of
    Section 5-5-3, when such conviction has  occurred  within
    10  years  after  the previous conviction, excluding time
    spent in custody, and such charges are separately brought
    and tried and arise out of different series of acts; or
         (8)  When a defendant is convicted of a felony other
    than conspiracy and the court finds that the  felony  was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the  other individuals, occupied a position of organizer,
    supervisor,  financier,  or   any   other   position   of
    management  or  leadership,  and  the court further finds
    that  the  felony  committed  was  related   to   or   in
    furtherance  of  the  criminal activities of an organized
    gang or was motivated by the defendant's leadership in an
    organized gang; or
         (9)  When a  defendant  is  convicted  of  a  felony
    violation  of  Section  24-1 of the Criminal Code of 1961
    and the court finds that the defendant is a member of  an
    organized gang; or
         (10)  When a defendant committed the offense using a
    firearm  with a laser sight attached to it.  For purposes
    of this paragraph (10), "laser  sight"  has  the  meaning
    ascribed  to it in Section 24.6-5 of the Criminal Code of
    1961; or.
         (11) (10)  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.
    (b-1)  For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c)  The court may impose an extended term sentence under
Section   5-8-2  upon  any  offender  who  was  convicted  of
aggravated criminal  sexual  assault  or  predatory  criminal
sexual  assault of a child under subsection (a)(1) of Section
12-14.1 of the Criminal Code of 1961  where  the  victim  was
under  18  years  of age at the time of the commission of the
offense.
    (d)  The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of  the  Criminal  Code  of
1961   for   possessing   a   weapon   that  is  not  readily
distinguishable as one of the weapons enumerated  in  Section
24-1 of the Criminal Code of 1961.
(Source:  P.A.  90-14,  eff.  7-1-97;  90-651,  eff.  1-1-99;
90-686,  eff.  1-1-99;  91-119,  eff.  1-1-00;  91-120,  eff.
7-15-99;  91-252,  eff.  1-1-00; 91-267, eff. 1-1-00; 91-268,
eff. 1-1-00;  91-357,  eff.  7-29-99;  91-437,  eff.  1-1-00;
revised 8-30-99.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer;
         (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; and
         (8)   if convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court.
    (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;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the  offender  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be. This fee shall be imposed in
         addition to the fees imposed under  subsections  (g)
         and  (i) of this Section. The fee shall be collected
         by the clerk of the circuit court.  The clerk of the
         circuit court shall pay all  monies  collected  from
         this  fee to the county treasurer for deposit in the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those  referenced in clause (iv) above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the defendant  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be.  This fee shall  be  imposed
         in  addition  to  the fees imposed under subsections
         (g) and (i) of  this  Section.   The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer who
         shall use the monies collected to defray  the  costs
         of  corrections.  The county treasurer shall deposit
         the fee collected in the county  working  cash  fund
         under  Section  6-27001  or  Section  6-29002 of the
         Counties Code, as the case may be.
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter amended. A copy  of  the  order  of  protection
    shall  be  transmitted to the probation officer or agency
    having responsibility for the case;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation  officer,  if  the defendant has been placed on
    probation or  advance  approval  by  the  court,  if  the
    defendant was placed on conditional discharge;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (c)  The court may as a  condition  of  probation  or  of
conditional discharge require that a person under 18 years of
age  found  guilty  of  any  alcohol,  cannabis or controlled
substance  violation,  refrain  from  acquiring  a   driver's
license   during  the  period  of  probation  or  conditional
discharge.  If such person is in possession of  a  permit  or
license,  the  court  may require that the minor refrain from
driving or operating any motor vehicle during the  period  of
probation   or   conditional  discharge,  except  as  may  be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge shall be given  a  certificate  setting  forth  the
conditions thereof.
    (e)  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, or to another state
under  an  Interstate  Probation  Reciprocal   Agreement   as
provided in Section 3-3-11.  Further transfers or retransfers
of  jurisdiction are also authorized in the same manner.  The
court to which jurisdiction has been transferred  shall  have
the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation  after  January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of  such  probation  or
conditional  discharge,  a  fee  of  $25  for  each  month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of  the  person
sentenced  to  probation  or conditional discharge 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.
    (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.
(Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325,  eff.
7-29-99.)

    (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
    (a)  When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such  supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b)  The period of supervision shall be reasonable  under
all  of  the circumstances of the case, but may not be longer
than 2 years, unless the defendant  has  failed  to  pay  the
assessment  required  by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the  Illinois  Controlled  Substances
Act,  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; and
         (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. If the court  has
    ordered  the  defendant  to  make  a report and appear in
    person under paragraph (1) of this subsection, a copy  of
    the  order  of  protection  shall  be  transmitted to the
    person or agency so designated by the court;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of person, including but not limited to members  of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug;
         (17)  refrain from operating any motor  vehicle  not
    equipped  with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code.  Under this
    condition the court may allow  a  defendant  who  is  not
    self-employed   to   operate   a  vehicle  owned  by  the
    defendant's  employer  that  is  not  equipped  with   an
    ignition  interlock device in the course and scope of the
    defendant's employment.
    (d)  The court shall defer entering any judgment  on  the
charges until the conclusion of the supervision.
    (e)  At  the  conclusion of the period of supervision, if
the court determines  that  the  defendant  has  successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
    (f)  Discharge and dismissal upon a successful conclusion
of  a  disposition  of  supervision  shall  be deemed without
adjudication of guilt and shall not be  termed  a  conviction
for  purposes  of disqualification or disabilities imposed by
law  upon  conviction  of  a  crime.   Two  years  after  the
discharge  and  dismissal  under  this  Section,  unless  the
disposition of supervision was for a  violation  of  Sections
3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
Vehicle Code or a similar provision of a local ordinance,  or
for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in  which  case  it  shall  be  5  years  after
discharge  and  dismissal,  a  person  may have his record of
arrest  sealed  or  expunged  as  may  be  provided  by  law.
However, any defendant placed on supervision  before  January
1,  1980,  may  move for sealing or expungement of his arrest
record, as provided by law, at any time after  discharge  and
dismissal  under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined  in
subsection  (g)  of  Section 5 of the Criminal Identification
Act or for a violation of  Section  11-501  of  the  Illinois
Vehicle  Code  or  a  similar  provision of a local ordinance
shall not  have  his  or  her  record  of  arrest  sealed  or
expunged.
    (g)  A defendant placed on supervision and who during the
period  of  supervision  undergoes  mandatory drug or alcohol
testing, or both, or is assigned to be placed on an  approved
electronic  monitoring  device,  shall  be ordered to pay the
costs incidental to such mandatory drug or  alcohol  testing,
or  both,  and  costs  incidental to such approved electronic
monitoring in accordance with the defendant's ability to  pay
those  costs.  The  county  board with the concurrence of the
Chief Judge of the judicial circuit in which  the  county  is
located  shall  establish  reasonable  fees  for  the cost of
maintenance, testing, and incidental expenses related to  the
mandatory  drug  or  alcohol  testing, or both, and all costs
incidental  to  approved  electronic   monitoring,   of   all
defendants  placed  on  supervision.   The concurrence of the
Chief Judge shall be in the form of an administrative  order.
The  fees  shall  be  collected  by  the clerk of the circuit
court.  The clerk of the circuit court shall pay  all  moneys
collected  from  these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol  testing,  and  electronic  monitoring.  The   county
treasurer  shall  deposit  the  fees  collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h)  A disposition of supervision is a  final  order  for
the purposes of appeal.
    (i)  The  court  shall  impose upon a defendant placed on
supervision  after  January  1,  1992,  as  a  condition   of
supervision,  a  fee  of  $25  for  each month of supervision
ordered by the court, unless after determining the  inability
of the person placed on supervision 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.
    (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 or Illinois  Controlled  Substances  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  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  court  shall  require  a  defendant  placed  on
supervision  for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance,  as
a  condition  of  supervision,  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
defendant in a manner satisfactory to the Secretary of  State
for  a minimum period of one year after the date the proof is
first filed.   The  Secretary  of  State  shall  suspend  the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source:  P.A.  90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784, eff.
1-1-99; 91-127, eff. 1-1-00.)

                   ARTICLE 25. DRUG ABUSE

    Section 25-10.  The Cannabis Control Act  is  amended  by
re-enacting Section 10 as follows:

    (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
    Sec.  10.  (a) Whenever any person who has not previously
been  convicted  of,  or  placed  on   probation   or   court
supervision for, any offense under this Act or any law of the
United  States  or  of  any  State  relating  to cannabis, or
controlled substances as defined in the  Illinois  Controlled
Substances  Act,  pleads  guilty  to  or  is  found guilty of
violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b),  5  (c)
or  8 of this Act, the court may, without entering a judgment
and  with  the  consent  of  such  person,  sentence  him  to
probation.
    (b)  When a person is  placed  on  probation,  the  court
shall  enter  an order specifying a period of probation of 24
months, and shall defer further proceedings in the case until
the conclusion of  the  period  or  until  the  filing  of  a
petition  alleging  violation  of  a  term  or  condition  of
probation.
    (c)  The  conditions  of  probation  shall  be  that  the
person:   (1)   not  violate  any  criminal  statute  of  any
jurisdiction; (2) refrain from possession  of  a  firearm  or
other  dangerous  weapon; (3) submit to periodic drug testing
at a time and in a manner as ordered by  the  court,  but  no
less  than  3  times during the period of the probation, with
the cost of the testing to be paid by  the  probationer;  and
(4)  perform  no  less  than  30  hours of community service,
provided community service is available in  the  jurisdiction
and is funded and approved by the county board.
    (d)  The  court  may,  in  addition  to other conditions,
require that the person:
         (1)  make a report to and appear in person before or
    participate with the court or  such  courts,  person,  or
    social  service  agency  as  directed by the court in the
    order of probation;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical  or  psychiatric treatment; or
    treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  refrain  from  possessing  a  firearm  or other
    dangerous weapon;
         (7-5)  refrain from having in his or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;
         (8)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home.
    (e)  Upon  violation of a term or condition of probation,
the court may enter a judgment on  its  original  finding  of
guilt and proceed as otherwise provided.
    (f)  Upon  fulfillment  of  the  terms  and conditions of
probation, the court shall discharge such person and  dismiss
the proceedings against him.
    (g)  A  disposition  of  probation  is considered to be a
conviction for the purposes of  imposing  the  conditions  of
probation  and  for  appeal, however, discharge and dismissal
under this Section  is  not  a  conviction  for  purposes  of
disqualification   or   disabilities   imposed  by  law  upon
conviction of  a  crime  (including  the  additional  penalty
imposed for subsequent offenses under Section 4 (c), 4 (d), 5
(c) or 5 (d) of this Act).
    (h)  Discharge  and dismissal under this Section or under
Section 410 of the Illinois  Controlled  Substances  Act  may
occur only once with respect to any person.
    (i)  If  a  person  is convicted of an offense under this
Act or the Illinois Controlled Substances Act within 5  years
subsequent  to  a discharge and dismissal under this Section,
the discharge and  dismissal  under  this  Section  shall  be
admissible  in  the sentencing proceeding for that conviction
as a factor in aggravation.
(Source: P.A. 88-510; 88-680, eff. 1-1-95.)

    Section 25-15.  The Illinois Controlled Substances Act is
amended by re-enacting Section 410 as follows:

    (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
    Sec. 410. (a) Whenever any person who has not  previously
been   convicted   of,   or  placed  on  probation  or  court
supervision for any offense under this Act or any law of  the
United  States  or  of  any  State  relating  to  cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled  or  counterfeit  substance  under
subsection  (c) of Section 402, the court, without entering a
judgment and with the consent of such  person,  may  sentence
him to probation.
    (b)  When  a  person  is  placed  on probation, the court
shall enter an order specifying a period of probation  of  24
months  and shall defer further proceedings in the case until
the conclusion of  the  period  or  until  the  filing  of  a
petition  alleging  violation  of  a  term  or  condition  of
probation.
    (c)  The  conditions  of  probation  shall  be  that  the
person:   (1)   not  violate  any  criminal  statute  of  any
jurisdiction; (2) refrain from possessing a firearm or  other
dangerous  weapon;  (3)  submit to periodic drug testing at a
time and in a manner as ordered by the  court,  but  no  less
than  3  times  during  the period of the probation, with the
cost of the testing to be paid by the  probationer;  and  (4)
perform  no less than 30 hours of community service, provided
community service is available in  the  jurisdiction  and  is
funded and approved by the county board.
    (d)  The  court  may,  in  addition  to other conditions,
require that the person:
         (1)  make a report to and appear in person before or
    participate with the court or  such  courts,  person,  or
    social  service  agency  as  directed by the court in the
    order of probation;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical  or  psychiatric treatment; or
    treatment or  rehabilitation  approved  by  the  Illinois
    Department of Human Services;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (6-5)  refrain from having in his or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home.
    (e)  Upon  violation of a term or condition of probation,
the court may enter a judgment on  its  original  finding  of
guilt and proceed as otherwise provided.
    (f)  Upon  fulfillment  of  the  terms  and conditions of
probation, the court shall discharge the person  and  dismiss
the proceedings against him.
    (g)  A  disposition  of  probation  is considered to be a
conviction for the purposes of  imposing  the  conditions  of
probation  and  for  appeal, however, discharge and dismissal
under this Section is not a conviction for purposes  of  this
Act  or  for  purposes  of  disqualifications or disabilities
imposed by law upon conviction of a crime.
    (h)  There may be only one discharge and dismissal  under
this  Section  or Section 10 of the Cannabis Control Act with
respect to any person.
    (i)  If a person is convicted of an  offense  under  this
Act  or the Cannabis Control Act within 5 years subsequent to
a discharge and dismissal under this Section,  the  discharge
and  dismissal  under this Section shall be admissible in the
sentencing proceeding for  that  conviction  as  evidence  in
aggravation.
(Source:  P.A.  88-510;  88-680,  eff.  1-1-95;  89-507, eff.
7-1-97.)

                    ARTICLE 30. FIREARMS

    Section 30-905.  The Criminal Code of 1961 is amended  by
re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:

    (720 ILCS 5/24-3A)
    Sec. 24-3A.  Gunrunning.
    (a)  A person commits gunrunning when he or she transfers
3  or  more firearms in violation of any of the paragraphs of
Section 24-3 of this Code.
    (b)  Sentence.  A person who commits gunrunning is guilty
of a Class 1 felony.  A  person  who  commits  gunrunning  by
transferring  firearms  to  a  person who, at the time of the
commission of the offense, is under 18 years of age is guilty
of a Class X felony.
(Source: P.A. 91-13, eff. 1-1-00.)

    (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
    Sec. 24-5. Defacing identification marks of firearms.
    (a)  Any person  who  shall  knowingly  or  intentionally
change,  alter,  remove  or obliterate the name of the maker,
model, manufacturer's number or other mark of  identification
of any firearm commits a Class 2 felony.
    (b)  Possession  of  any firearm upon which any such mark
shall have been  changed,  altered,  removed  or  obliterated
shall be prima facie evidence that the possessor has changed,
altered, removed or obliterated the same.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
    Sec. 24-6. Confiscation and disposition of weapons.
    (a)  Upon  conviction of an offense in which a weapon was
used or possessed by the offender, any weapon seized shall be
confiscated by the trial court.
    (b)  Any stolen weapon so  confiscated,  when  no  longer
needed  for  evidentiary  purposes,  shall be returned to the
person  entitled  to  possession,  if   known.    After   the
disposition  of a criminal case or in any criminal case where
a final judgment in the case was not entered due to the death
of the defendant, and when a confiscated weapon is no  longer
needed  for  evidentiary  purposes, and when in due course no
legitimate claim has been made for the weapon, the court  may
transfer  the  weapon  to  the  sheriff of the county who may
proceed to destroy it, or may in  its  discretion  order  the
weapon  preserved  as property of the governmental body whose
police agency seized the weapon, or  may  in  its  discretion
order the weapon to be transferred to the Department of State
Police  for  use by the crime laboratory system, for training
purposes, or for any other application as deemed  appropriate
by  the  Department.  If, after the disposition of a criminal
case, a need still exists for  the  use  of  the  confiscated
weapon  for  evidentiary purposes, the court may transfer the
weapon to the custody of the State Department of  Corrections
for  preservation.   The  court may not order the transfer of
the weapon to any private individual or private  organization
other than to return a stolen weapon to its rightful owner.
    The  provisions  of  this  Section  shall  not  apply  to
violations  of the Fish and Aquatic Life Code or the Wildlife
Code.  Confiscation of weapons for Fish and Aquatic Life Code
and Wildlife Code violations shall be  only  as  provided  in
those Codes.
    (c)  Any  mental  hospital  that  admits  a  person as an
inpatient pursuant to any of the  provisions  of  the  Mental
Health  and  Developmental Disabilities Code shall confiscate
any firearms in the possession of that person at the time  of
admission,  or at any time the firearms are discovered in the
person's possession during the course of hospitalization. The
hospital shall, as soon as possible  following  confiscation,
transfer  custody  of  the  firearms  to  the appropriate law
enforcement agency. The hospital shall give written notice to
the person from whom  the  firearm  was  confiscated  of  the
identity  and  address of the law enforcement agency to which
it has given the firearm.
    The law enforcement agency shall maintain  possession  of
any  firearm  it  obtains  pursuant  to this subsection for a
minimum of 90 days.  Thereafter, the firearm may be  disposed
of  pursuant  to  the  provisions  of  subsection (b) of this
Section.
(Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)

    (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
    Sec. 32-10. Violation of bail bond.
    (a)  Whoever, having been admitted to bail for appearance
before any court of this State, incurs a  forfeiture  of  the
bail  and willfully fails to surrender himself within 30 days
following the date of such forfeiture, commits, if  the  bail
was  given  in  connection with a charge of felony or pending
appeal or certiorari  after  conviction  of  any  offense,  a
felony  of  the  next lower Class or a Class A misdemeanor if
the underlying offense was a Class 4 felony; or, if the  bail
was  given  in  connection  with  a  charge  of  committing a
misdemeanor, or  for  appearance  as  a  witness,  commits  a
misdemeanor  of  the  next  lower  Class, but not less than a
Class C misdemeanor.
    (a-5)  Any person who violates a condition of  bail  bond
by possessing a firearm in violation of his or her conditions
of  bail commits a Class 4 felony for a first violation and a
Class 3 felony for a second violation.
    (b)  Whoever, having been admitted to bail for appearance
before any court of this State, while charged with a criminal
offense in which the victim is a family or  household  member
as  defined in Article 112A of the Code of Criminal Procedure
of 1963, knowingly violates a condition of  that  release  as
set  forth  in  Section 110-10, subsection (d) of the Code of
Criminal Procedure of 1963, commits a Class A misdemeanor.
    (c)  Whoever, having been admitted to bail for appearance
before any  court  of  this  State  for  a  felony,  Class  A
misdemeanor  or  a  criminal offense in which the victim is a
family or household member as defined in Article 112A of  the
Code of Criminal Procedure of 1963, is charged with any other
felony,  Class  A misdemeanor, or a criminal offense in which
the victim is a family or  household  member  as  defined  in
Article  112A of the Code of Criminal Procedure of 1963 while
on such release, must appear before the court before bail  is
statutorily set.
    (d)  Nothing  in  this  Section  shall  interfere with or
prevent the exercise by any court of its power to  punishment
for  contempt.  Any  sentence  imposed  for violation of this
Section 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.
(Source: P.A.  88-430;  88-680,  eff.  1-1-95;  89-203,  eff.
7-21-95.)

    Section   30-910.  The Code of Criminal Procedure of 1963
is amended by re-enacting Section 110-10 as follows:

    (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 when the offense the
    person has  been  charged  with  is  a  forcible  felony,
    stalking,  aggravated  stalking,  domestic  battery,  any
    violation  of  either  the Illinois Controlled Substances
    Act 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  forego  the imposition of this condition
    when the circumstances of the case clearly do not warrant
    it or when  its  imposition  would  be  impractical;  all
    legally  possessed  firearms  shall  be  returned  to the
    person upon that  person  completing  a  sentence  for  a
    conviction  on  a  misdemeanor domestic battery, upon the
    charges being dismissed, or if the person  is  found  not
    guilty,  unless the finding of not guilty is by reason of
    insanity; and
         (6)  At a time and place designated  by  the  court,
    submit  to a psychological evaluation when the person has
    been charged with a violation of item (4)  of  subsection
    (a) of Section 24-1 of the Criminal Code of 1961 and that
    violation  occurred  in  a  school  or  in any conveyance
    owned, leased, or contracted by  a  school  to  transport
    students  to or from school or a school-related activity,
    or on any public way within 1,000 feet of  real  property
    comprising any school.
    Psychological   evaluations   ordered  pursuant  to  this
Section shall be completed promptly and made available to the
State, the defendant, and the court.  As a further  condition
of  bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property  of  the
school, including any conveyance owned, leased, or contracted
by  a  school  to  transport  students to or from school or a
school-related activity, or on any public  way  within  1,000
feet of real property comprising any school.  Upon receipt of
the   psychological  evaluation,  either  the  State  or  the
defendant may request a change in  the  conditions  of  bail,
pursuant to Section 110-6 of this Code.  The court may change
the  conditions  of  bail  to  include a requirement that the
defendant follow the  recommendations  of  the  psychological
evaluation,  including undergoing psychiatric treatment.  The
conclusions  of  the   psychological   evaluation   and   any
statements   elicited   from   the   defendant   during   its
administration are not admissible as evidence of guilt during
the  course  of  any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
    (b)  The court may impose other conditions, such  as  the
following,  if  the  court  finds  that  such  conditions are
reasonably necessary to assure the defendant's appearance  in
court,  protect the public from the defendant, or prevent the
defendant's   unlawful   interference   with   the    orderly
administration of justice:
         (1)  Report  to  or  appear  in  person  before such
    person or agency as the court may direct;
         (2)  Refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (3)  Refrain  from approaching or communicating with
    particular persons or classes of persons;
         (4)  Refrain  from  going   to   certain   described
    geographical areas or premises;
         (5)  Refrain  from engaging in certain activities or
    indulging in intoxicating liquors or in certain drugs;
         (6)  Undergo  treatment  for   drug   addiction   or
    alcoholism;
         (7)  Undergo medical or psychiatric treatment;
         (8)  Work  or pursue a course of study or vocational
    training;
         (9)  Attend or reside in a  facility  designated  by
    the court;
         (10)  Support his or her dependents;
         (11)  If  a minor resides with his or her parents or
    in a foster home, attend school, attend a non-residential
    program for youths, and contribute  to  his  or  her  own
    support at home or in a foster home;
         (12)  Observe any curfew ordered by the court;
         (13)  Remain  in  the  custody  of  such  designated
    person or organization agreeing to supervise his release.
    Such  third  party  custodian  shall  be  responsible for
    notifying the court if the defendant fails to observe the
    conditions of release which the custodian has  agreed  to
    monitor,  and  shall  be subject to contempt of court for
    failure so to notify the court;
         (14)  Be placed  under  direct  supervision  of  the
    Pretrial  Services  Agency, Probation Department or Court
    Services Department in a pretrial bond  home  supervision
    capacity   with   or  without  the  use  of  an  approved
    electronic monitoring device subject  to  Article  8A  of
    Chapter V of the Unified Code of Corrections; or
         (14.1)  The  court shall impose upon a defendant who
    is charged  with  any  alcohol,  cannabis  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;
         (15)  Comply with the terms  and  conditions  of  an
    order  of  protection  issued  by  the  court  under  the
    Illinois Domestic Violence Act of 1986;
         (16)  Under   Section   110-6.5   comply   with  the
    conditions of the drug testing program; and
         (17)  Such other reasonable conditions as the  court
    may impose.
    (c)  When  a  person  is  charged  with  an offense under
Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
"Criminal  Code  of  1961", involving a victim who is a minor
under 18 years of age living in the same household  with  the
defendant  at  the  time  of the offense, in granting bail or
releasing the defendant on his own  recognizance,  the  judge
shall impose conditions to restrict the defendant's access to
the  victim  which  may  include,  but  are  not  limited  to
conditions that he will:
         1.  Vacate the Household.
         2.  Make   payment   of  temporary  support  to  his
    dependents.
         3.  Refrain from contact or communication  with  the
    child victim, except as ordered by the court.
    (d)  When a person is charged with a criminal offense and
the  victim  is  a  family  or household member as defined in
Article 112A, conditions shall be imposed at the time of  the
defendant's  release  on  bond  that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the  restrictions  shall  include   requirements   that   the
defendant do the following:
         (1)  refrain  from contact or communication with the
    victim for a minimum period of  72  hours  following  the
    defendant's release; and
         (2)  refrain  from  entering  or  remaining  at  the
    victim's  residence  for  a  minimum  period  of 72 hours
    following the defendant's release.
    (e)  Local  law  enforcement   agencies   shall   develop
standardized  bond forms for use in cases involving family or
household members  as  defined  in  Article  112A,  including
specific  conditions  of  bond as provided in subsection (d).
Failure of any law enforcement department to develop  or  use
those  forms  shall  in  no  way  limit the applicability and
enforcement of subsections (d) and (f).
    (f)  If  the  defendant  is  admitted   to   bail   after
conviction  the  conditions of the bail bond shall be that he
will, in addition to the conditions set forth in  subsections
(a) and (b) hereof:
         (1)  Duly prosecute his appeal;
         (2)  Appear  at such time and place as the court may
    direct;
         (3)  Not depart this  State  without  leave  of  the
    court;
         (4)  Comply with such other reasonable conditions as
    the court may impose; and,
         (5)  If  the  judgment  is  affirmed  or  the  cause
    reversed   and   remanded  for  a  new  trial,  forthwith
    surrender to  the  officer  from  whose  custody  he  was
    bailed.
(Source: P.A.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
91-312, eff. 1-1-00; revised 10-15-99.)

                         ARTICLE 35

    Section 35-5.  The Criminal Code of 1961  is  amended  by
re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:

    (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
    Sec. 8-4.  Attempt.
    (a)  Elements of the Offense.
    A person commits an attempt when, with intent to commit a
specific  offense,  he  does  any  act  which  constitutes  a
substantial step toward the commission of that offense.
    (b)  Impossibility.
    It  shall  not  be  a defense to a charge of attempt that
because of a misapprehension of the  circumstances  it  would
have  been  impossible  for the accused to commit the offense
attempted.
    (c)  Sentence.
    A  person  convicted  of  an  attempt  may  be  fined  or
imprisoned or both not to exceed the maximum provided for the
offense attempted but, except for an attempt  to  commit  the
offense defined in Section 33A-2 of this Act,
         (1)  the sentence for attempt to commit first degree
    murder is the sentence for a Class X felony, except that
              (A)  an  attempt  to commit first degree murder
         when  at  least  one  of  the  aggravating   factors
         specified   in  paragraphs  (1),  (2)  and  (12)  of
         subsection (b) of Section 9-1 is present is a  Class
         X  felony  for which the sentence shall be a term of
         imprisonment of not less than 20 years and not  more
         than 80 years;
              (B)  an  attempt  to commit first degree murder
         while armed with a firearm is a Class X  felony  for
         which  15  years  shall  be  added  to  the  term of
         imprisonment imposed by the court;
              (C)  an attempt to commit first  degree  murder
         during  which  the  person  personally  discharged a
         firearm is a Class X felony for which 20 years shall
         be added to the term of imprisonment imposed by  the
         court;
              (D)  an  attempt  to commit first degree murder
         during which  the  person  personally  discharged  a
         firearm  that  proximately caused great bodily harm,
         permanent disability,  permanent  disfigurement,  or
         death  to  another  person,  is a Class X felony for
         which 25 years or up to a term of natural life shall
         be added to the term of imprisonment imposed by  the
         court.
         (2)  the  sentence  for  attempt to commit a Class X
    felony is the sentence for a Class 1 felony;
         (3)  the sentence for attempt to commit  a  Class  1
    felony is the sentence for a Class 2 felony;
         (4)  the  sentence  for  attempt to commit a Class 2
    felony is the sentence for a Class 3 felony; and
         (5)  the sentence for attempt to commit  any  felony
    other  than  those specified in Subsections (1), (2), (3)
    and (4) hereof is the sentence for a Class A misdemeanor.
(Source: P.A. 91-404, eff. 1-1-00.)

    (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2.  Aggravated Battery with a firearm.
    (a)  A person commits aggravated battery with  a  firearm
when  he, in committing a battery, knowingly or intentionally
by means of the discharging  of  a  firearm  (1)  causes  any
injury  to  another  person,  or  (2)  causes any injury to a
person he knows to be a peace officer, a  community  policing
volunteer,  a  correctional institution employee or a fireman
while the  officer, volunteer, employee or fireman is engaged
in the execution of any of his official duties, or to prevent
the officer, volunteer, employee or fireman  from  performing
his  official  duties,  or  in  retaliation  for the officer,
volunteer,  employee  or  fireman  performing  his   official
duties,  or  (3) causes any injury to a person he knows to be
an  emergency  medical  technician  -  ambulance,   emergency
medical   technician   -   intermediate,   emergency  medical
technician - paramedic, ambulance driver,  or  other  medical
assistance or first aid personnel, employed by a municipality
or  other  governmental  unit,  while  the  emergency medical
technician  -  ambulance,  emergency  medical  technician   -
intermediate,   emergency  medical  technician  -  paramedic,
ambulance driver, or other medical assistance  or  first  aid
personnel  is engaged in the execution of any of his official
duties, or to prevent  the  emergency  medical  technician  -
ambulance,   emergency  medical  technician  -  intermediate,
emergency medical technician - paramedic,  ambulance  driver,
or  other  medical  assistance  or  first  aid personnel from
performing his official duties, or  in  retaliation  for  the
emergency  medical  technician - ambulance, emergency medical
technician - intermediate,  emergency  medical  technician  -
paramedic,  ambulance  driver, or other medical assistance or
first aid personnel performing his official  duties,  or  (4)
causes any injury to a person he or she knows to be a teacher
or other person employed in a school and the teacher or other
employee is upon grounds of a school or grounds adjacent to a
school,  or  is  in  any  part  of a building used for school
purposes.
    (b)  A violation of subsection (a) (1) of this Section is
a Class X  felony.    A  violation  of  subsection  (a)  (2),
subsection  (a) (3), or subsection (a)(4)  of this Section is
a Class X felony for which the sentence shall be  a  term  of
imprisonment  of  no  less  than 15 years and no more than 60
years.
    (c)  For purposes of this Section, "firearm"  is  defined
as  in  "An  Act  relating to the acquisition, possession and
transfer of firearms and firearm  ammunition,  to  provide  a
penalty   for   the   violation   thereof   and  to  make  an
appropriation in connection therewith",  approved  August  1,
1967, as amended.
(Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)

    (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
    Sec. 24-1.2.  Aggravated discharge of a firearm.
    (a)  A  person  commits aggravated discharge of a firearm
when he or she knowingly or intentionally:
         (1)  Discharges a firearm at or into a  building  he
    or she knows or reasonably should know to be occupied and
    the  firearm  is  discharged  from  a  place  or position
    outside that building;
         (2)  Discharges  a  firearm  in  the  direction   of
    another person or in the direction of a vehicle he or she
    knows  or  reasonably  should  know  to  be occupied by a
    person;
         (3)  Discharges a firearm  in  the  direction  of  a
    person he or she knows to be a peace officer, a community
    policing  volunteer, a correctional institution employee,
    or a fireman while the officer,  volunteer,  employee  or
    fireman  is engaged in the execution of any of his or her
    official duties, or to prevent  the  officer,  volunteer,
    employee  or  fireman from performing his or her official
    duties, or in retaliation  for  the  officer,  volunteer,
    employee  or  fireman  performing  his  or  her  official
    duties;
         (4)  Discharges  a  firearm  in  the  direction of a
    vehicle he or  she  knows  to  be  occupied  by  a  peace
    officer,  a  person  summoned  or  directed  by  a  peace
    officer, a correctional institution employee or a fireman
    while  the officer, employee or fireman is engaged in the
    execution of any of his or her  official  duties,  or  to
    prevent  the officer, employee or fireman from performing
    his or her official duties, or  in  retaliation  for  the
    officer,  employee  or  fireman  performing  his  or  her
    official duties;
         (5)  Discharges  a  firearm  in  the  direction of a
    person he  or  she  knows  to  be  an  emergency  medical
    technician  -  ambulance,  emergency medical technician -
    intermediate, emergency medical technician  -  paramedic,
    ambulance  driver,  or  other medical assistance or first
    aid  personnel,  employed  by  a  municipality  or  other
    governmental unit, while the emergency medical technician
    - ambulance, emergency medical technician - intermediate,
    emergency  medical  technician  -  paramedic,   ambulance
    driver,   or   other  medical  assistance  or  first  aid
    personnel is engaged in the execution of any  of  his  or
    her  official duties, or to prevent the emergency medical
    technician - ambulance, emergency  medical  technician  -
    intermediate,  emergency  medical technician - paramedic,
    ambulance driver, or other medical  assistance  or  first
    aid personnel from performing his or her official duties,
    or  in retaliation for the emergency medical technician -
    ambulance, emergency medical technician  -  intermediate,
    emergency   medical  technician  -  paramedic,  ambulance
    driver,  or  other  medical  assistance  or   first   aid
    personnel performing his or her official duties; or
         (6)  Discharges  a  firearm  in  the  direction of a
    vehicle he or she knows to be occupied  by  an  emergency
    medical   technician   -   ambulance,  emergency  medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, or other medical  assistance
    or  first  aid  personnel,  employed by a municipality or
    other governmental  unit,  while  the  emergency  medical
    technician   -  ambulance, emergency medical technician -
    intermediate, emergency medical technician  -  paramedic,
    ambulance  driver,  or  other medical assistance or first
    aid personnel is engaged in the execution of any  of  his
    or  her  official  duties,  or  to  prevent the emergency
    medical  technician  -   ambulance,   emergency   medical
    technician - intermediate, emergency medical technician -
    paramedic,  ambulance driver, or other medical assistance
    or  first  aid  personnel  from  performing  his  or  her
    official duties, or  in  retaliation  for  the  emergency
    medical   technician   -   ambulance,  emergency  medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, or other medical  assistance
    or  first  aid  personnel  performing his or her official
    duties; or
         (7)  Discharges a firearm  in  the  direction  of  a
    person  he  or  she knows to be a teacher or other person
    employed in any school and the teacher or other  employee
    is  upon the grounds of a school or grounds adjacent to a
    school, or is in any part of a building used  for  school
    purposes.
    (b)  A  violation   of   subsection (a)(1) or  subsection
(a)(2) of this Section is a Class 1 felony.  A  violation  of
subsection  (a)(1)  or  (a)(2) of this Section committed in a
school, on the real  property  comprising  a  school,  within
1,000  feet  of  the  real property comprising a school, at a
school related activity or on or within  1,000  feet  of  any
conveyance  owned,  leased,  or  contracted  by  a  school to
transport students to or from  school  or  a  school  related
activity,  regardless of the time of day or time of year that
the offense was committed is a Class X felony. A violation of
subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of  this
Section is a Class X felony for which the sentence shall be a
term  of  imprisonment  of no less than 10 years and not more
than 45 years.
    (c)  For purposes of this Section:
    "School"  means  a  public  or  private   elementary   or
secondary school, community college, college, or university.
    "School  related  activity"  means  any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole  or
in part by a school or school district.
(Source: P.A.   90-651,  eff.  1-1-99;  91-12,  eff.  1-1-00;
91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)

                         ARTICLE 40

    Section 40-10.  The Criminal Code of 1961 is  amended  by
re-enacting Section 12-6.1 as follows:

    (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
    Sec.   12-6.1.  Compelling   organization  membership  of
persons. A person who expressly or impliedly threatens to  do
bodily  harm  or does bodily harm to an individual or to that
individual's family or uses  any  other  criminally  unlawful
means  to  solicit  or cause any person to join, or deter any
person  from  leaving,  any   organization   or   association
regardless of the nature of such organization or association,
is guilty of a Class 2 felony.
    Any  person of the age of 18 years or older who expressly
or impliedly threatens to do bodily harm or does bodily  harm
to  a  person  under  18  years  of  age  or  uses  any other
criminally unlawful means to  solicit  or  cause  any  person
under  18  years of age to join, or deter any person under 18
years of age from leaving, any  organization  or  association
regardless  of the nature of such organization or association
is guilty of a Class 1 felony.
    A person convicted of an offense under this Section shall
not  be  eligible  to  receive  a  sentence   of   probation,
conditional discharge, or periodic imprisonment.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
eff. 1-1-96; 89-626, eff. 8-9-96.)

                         ARTICLE 50

    Section  50-5.   The  Criminal Code of 1961 is amended by
re-enacting Sections 11-14, 11-14.1, 11-16,  11-19,  11-19.1,
11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:

    (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
    Sec. 11-14.  Prostitution.
    (a)  Any person who performs, offers or agrees to perform
any  act of sexual penetration as defined in Section 12-12 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 commits an act
of prostitution.
    (b)  Sentence.
    Prostitution is a Class A misdemeanor. 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 11-15 , 11-17, 11-18, 11-18.1 and 11-19
of this Code is guilty of a Class 4 felony. When a person has
one or more prior convictions, the information or  indictment
charging  that person shall state such prior conviction so as
to give notice of the State's intention to treat  the  charge
as  a  felony.  The  fact  of such prior 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.
    (c)  A person who violates this Section within 1,000 feet
of real property  comprising  a  school  commits  a  Class  4
felony.
(Source:  P.A.  91-274,  eff.  1-1-00;  91-498,  eff. 1-1-00;
revised 10-20-99.)

    (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 to perform any act of sexual penetration as defined  in
Section  12-12  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 the
offense of solicitation of a sexual act.
    (b)  Sentence. Solicitation of a sexual act is a Class  B
misdemeanor.
(Source: P.A. 88-325; 88-680, eff. 1-1-95.)

    (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
    Sec. 11-16. Pandering.
    (a)  Any  person  who  performs any of the following acts
for  any  money,  property,  token,  object,  or  article  or
anything of value commits pandering:
         (1)  Compels a person to become a prostitute; or
         (2)  Arranges or offers to arrange  a  situation  in
    which a person may practice prostitution.
    (b)  Sentence.
    Pandering  by  compulsion  is a Class 4 felony. Pandering
other than by compulsion is a Class 4 felony.
    (c)  A person who violates this Section within 1,000 feet
of real property  comprising  a  school  commits  a  Class  3
felony.
(Source: P.A. 91-274, eff. 1-1-00.)

    (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
    Sec. 11-19.  Pimping.
    (a)  Any  person who receives any money, property, token,
object, or article or anything of value  from  a  prostitute,
not  for  a  lawful  consideration,  knowing it was earned in
whole or in part from the practice of  prostitution,  commits
pimping.
    (b)  Sentence.
    Pimping is a Class A misdemeanor. 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, 11-15, 11-17, 11-18 and 11-18.1 of this
Code is guilty of a Class 4 felony.  When a person has one or
more  prior  convictions,  the  information   or   indictment
charging  that person shall state such prior conviction so as
to give notice of the State's intention to treat  the  charge
as  a  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.
    (c)  A person who violates this Section within 1,000 feet
of real property  comprising  a  school  commits  a  Class  4
felony.
(Source:  P.A.  91-274,  eff.  1-1-00;  91-498,  eff. 1-1-00;
revised 10-20-99.)

    (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
    Sec. 11-19.1.  Juvenile Pimping.
    (a)  Any person who receives any money, property,  token,
object,  or  article  or  anything of value from a prostitute
under 16 years  of  age  or  from  a  prostitute  who  is  an
institutionalized  severely  or  profoundly mentally retarded
person, not for a lawful consideration, knowing it was earned
in whole or  in  part  from  the  practice  of  prostitution,
commits juvenile pimping.
    (b)  It is an affirmative defense to a charge of juvenile
pimping  that  the accused reasonably believed the person was
of  the  age  of  16  years   or   over   or   was   not   an
institutionalized  severely  or  profoundly mentally retarded
person at the time of the act giving rise to the charge.
    (c)  Sentence.
    Juvenile pimping is a Class 1 felony.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
    Sec. 11-19.2.  Exploitation of a child.
    (A)  A person commits exploitation of a child when he  or
she   confines   a   child   under   the  age  of  16  or  an
institutionalized severely or  profoundly  mentally  retarded
person against his or her will by the infliction or threat of
imminent   infliction   of   great   bodily  harm,  permanent
disability or disfigurement or by administering to the  child
or  an  institutionalized  severely  or  profoundly  mentally
retarded  person  without  his or her consent or by threat or
deception and for other than medical purposes, any  alcoholic
intoxicant  or  a  drug as defined in the Illinois Controlled
Substances Act or the Cannabis Control Act and:
         (1)  compels  the  child  or  an   institutionalized
    severely or profoundly mentally retarded person to become
    a prostitute; or
         (2)  arranges  a  situation in which the child or an
    institutionalized   severely   or   profoundly   mentally
    retarded person may practice prostitution; or
         (3)  receives any money, property, token, object, or
    article or  anything  of  value  from  the  child  or  an
    institutionalized   severely   or   profoundly   mentally
    retarded  person  knowing  it was obtained in whole or in
    part from the practice of prostitution.
    (B)  For purposes of this Section,  administering  drugs,
as defined in subsection (A), or an alcoholic intoxicant to a
child under the age of 13 or an institutionalized severely or
profoundly  mentally  retarded  person  shall be deemed to be
without consent if such administering  is  done  without  the
consent of the parents or legal guardian.
    (C)  Exploitation of a child is a Class X felony.
    (D)  Any  person  convicted under this Section is subject
to the forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec. 24-3.  Unlawful Sale of Firearms.
    (A)  A person commits the offense  of  unlawful  sale  of
firearms when he or she knowingly does any of the following:
         (a)  Sells  or gives any firearm of a size which may
    be concealed upon the person to any person under 18 years
    of age.; or
         (b)  Sells or gives any firearm to a person under 21
    years of age who has  been  convicted  of  a  misdemeanor
    other than a traffic offense or adjudged delinquent.; or
         (c)  Sells  or  gives  any  firearm  to any narcotic
    addict.; or
         (d)  Sells or gives any firearm to  any  person  who
    has  been convicted of a felony under the laws of this or
    any other jurisdiction.; or
         (e)  Sells or gives any firearm to  any  person  who
    has been a patient in a mental hospital within the past 5
    years.; or
         (f)  Sells  or  gives any firearms to any person who
    is mentally retarded.; or
         (g)  Delivers any firearm of a  size  which  may  be
    concealed  upon the person, incidental to a sale, without
    withholding delivery of such  firearm  for  at  least  72
    hours  after  application for its purchase has been made,
    or  delivers  any  rifle,  shotgun  or  other  long  gun,
    incidental to a sale,  without  withholding  delivery  of
    such  rifle,  shotgun  or  other long gun for at least 24
    hours after application for its purchase has  been  made.
    However,  this paragraph (g) does shall not apply to: (1)
    the sale of a firearm to a law enforcement officer  or  a
    person  who  desires  to  purchase  a  firearm for use in
    promoting the public interest  incident  to  his  or  her
    employment  as  a bank guard, armed truck guard, or other
    similar employment; or (2) a mail order sale of a firearm
    to a nonresident of Illinois under which the  firearm  is
    mailed  to a point outside the boundaries of Illinois; or
    (3) the sale of a firearm to a  nonresident  of  Illinois
    while  at  a firearm showing or display recognized by the
    Illinois Department of State Police; or (4) the sale of a
    firearm to a dealer licensed under the  Federal  Firearms
    Act of the United States.; or
         (h)  While  holding  any  license  under the federal
    "Gun Control Act of  1968",  as  amended,  as  a  dealer,
    importer,  manufacturer  or  pawnbroker under the federal
    Gun Control Act of 1968,; manufactures, sells or delivers
    to any unlicensed  person  a  handgun  having  a  barrel,
    slide,  frame  or receiver which is a die casting of zinc
    alloy or any other nonhomogeneous metal which  will  melt
    or  deform  at  a  temperature  of  less than 800 degrees
    Fahrenheit.   For  purposes  of   this   paragraph,   (1)
    "firearm"   is   defined   as   in   the  Firearm  Owners
    Identification  Card  Act  "An  Act   relating   to   the
    acquisition,  possession  and  transfer  of  firearms and
    firearm  ammunition,  to  provide  a  penalty   for   the
    violation   thereof  and  to  make  an  appropriation  in
    connection  therewith",  approved  August  3,  1967,   as
    amended;  and  (2)  "handgun"  is  defined  as  a firearm
    designed to be held and fired by  the  use  of  a  single
    hand, and includes a combination of parts from which such
    a firearm can be assembled.; or
         (i)  Sells  or  gives  a  firearm of any size to any
    person under 18 years of age who does not possess a valid
    Firearm Owner's Identification Card.
    (B)  (j)  Paragraph  (h)  of  subsection  (A)  does  this
Section shall not include firearms sold within 6 months after
enactment of Public Act 78-355  (approved  August  21,  1973,
effective  October  1, 1973) this amendatory Act of 1973, nor
is shall any  firearm  legally  owned  or  possessed  by  any
citizen or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 this amendatory Act of 1973 be
subject  to  confiscation  or seizure under the provisions of
that Public this amendatory Act of 1973.  Nothing  in  Public
Act  78-355 this amendatory Act of 1973 shall be construed to
prohibit the gift or trade of any firearm if that firearm was
legally held or acquired within 6 months after the  enactment
of that Public this amendatory Act of 1973.
    (C) (k)  Sentence.
         (1)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of any of  paragraphs  (c)  through
    (h) of subsection (A) commits a Class 4 felony.
         (2)  Any   person  convicted  of  unlawful  sale  of
    firearms  in  violation  of  paragraph  (b)  or  (i)   of
    subsection (A) commits a Class 3 felony.
         (3)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of paragraph (a) of subsection  (A)
    commits a Class 2 felony.
         (4)  Any   person  convicted  of  unlawful  sale  of
    firearms in violation of paragraph (a), (b),  or  (i)  of
    subsection  (A)  in  any  school,  on  the  real property
    comprising a  school,  within  1,000  feet  of  the  real
    property   comprising  a  school,  at  a  school  related
    activity, or on or within 1,000 feet  of  any  conveyance
    owned,  leased,  or  contracted  by  a  school  or school
    district to transport students to or  from  school  or  a
    school related activity, regardless of the time of day or
    time  of  year  at  which that the offense was committed,
    commits a Class 1 felony.   Any  person  convicted  of  a
    second  or  subsequent  violation  of  unlawful  sale  of
    firearms  in  violation  of paragraph (a), (b), or (i) of
    subsection (A)  in  any  school,  on  the  real  property
    comprising  a  school,  within  1,000  feet  of  the real
    property  comprising  a  school,  at  a  school   related
    activity,  or  on  or within 1,000 feet of any conveyance
    owned, leased,  or  contracted  by  a  school  or  school
    district  to  transport  students  to or from school or a
    school related activity, regardless of the time of day or
    time of year at which that  the  offense  was  committed,
    commits  a Class 1 felony for which the sentence shall be
    a term of imprisonment of no less than  5  years  and  no
    more than 15 years.
         (5)  Any   person  convicted  of  unlawful  sale  of
    firearms  in  violation  of  paragraph  (a)  or  (i)   of
    subsection  (A)  in residential property owned, operated,
    or managed by a public housing  agency  or  leased  by  a
    public  housing  agency  as  part  of a scattered site or
    mixed-income  development,  in  a  public  park,   in   a
    courthouse,  on  residential property owned, operated, or
    managed by a public housing agency or leased by a  public
    housing   agency   as   part   of  a  scattered  site  or
    mixed-income development, on the real property comprising
    any public park, on  the  real  property  comprising  any
    courthouse, or on any public way within 1,000 feet of the
    real  property comprising any public park, courthouse, or
    residential property owned, operated,  or  managed  by  a
    public  housing  agency  or  leased  by  a public housing
    agency as  part  of  a  scattered  site  or  mixed-income
    development commits a Class 2 felony.
    (D) (6)  For purposes of this Section:
    "School"   means   a  public  or  private  elementary  or
secondary school, community college, college, or university.
    "School related activity"  means  any  sporting,  social,
academic, or other activity for which students' attendance or
participation  is sponsored, organized, or funded in whole or
in part by a school or school district.
(Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
revised 1-7-00.)

    (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
    Sec. 24-3.1.  Unlawful possession of firearms and firearm
ammunition.
    (a)  A  person commits the offense of unlawful possession
of firearms or firearm ammunition when:
         (1)  He is under 18 years of  age  and  has  in  his
    possession  any  firearm of a size which may be concealed
    upon the person; or
         (2)  He is under 21 years of age, has been convicted
    of a misdemeanor other than a traffic offense or adjudged
    delinquent and has any firearms or firearm ammunition  in
    his possession; or
         (3)  He is a narcotic addict and has any firearms or
    firearm ammunition in his possession; or
         (4)  He  has  been  a  patient  in a mental hospital
    within the past 5 years and has any firearms  or  firearm
    ammunition in his possession; or
         (5)  He is mentally retarded and has any firearms or
    firearm ammunition in his possession; or
         (6)  He has in his possession any explosive bullet.
    For  purposes  of this paragraph "explosive bullet" means
the projectile  portion  of  an  ammunition  cartridge  which
contains  or  carries  an explosive charge which will explode
upon contact  with  the  flesh  of  a  human  or  an  animal.
"Cartridge"  means  a  tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the  rear
end  thereof,  with  the  propellant  contained  in such tube
between the projectile and the cap; or
    (b)  Sentence.
    Unlawful possession of firearms, other than handguns, and
firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
possession of handguns is a Class 4 felony.
(Source: P.A. 88-680, eff. 1-1-95.)

    (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
    Sec. 33A-1. Legislative intent and definitions.
    (a)  Legislative  findings.  The  legislature  finds  and
declares the following:
         (1)  The use of a dangerous weapon in the commission
    of a felony offense poses a much greater  threat  to  the
    public  health,  safety, and general welfare, than when a
    weapon is not used in the commission of the offense.
         (2)  Further,  the  use   of   a   firearm   greatly
    facilitates  the commission of a criminal offense because
    of the more lethal nature of a firearm  and  the  greater
    perceived threat produced in those confronted by a person
    wielding  a  firearm. Unlike other dangerous weapons such
    as knives  and  clubs,  the  use  of  a  firearm  in  the
    commission  of  a  criminal  felony offense significantly
    escalates the threat and the potential for  bodily  harm,
    and  the  greater  range  of  the  firearm  increases the
    potential for harm to more  persons.  Not  only  are  the
    victims  and bystanders at greater risk when a firearm is
    used, but also the law  enforcement officers  whose  duty
    is to confront and apprehend the armed suspect.
         (3)  Current law does contain offenses involving the
    use  or  discharge  of  a gun toward or against a person,
    such as aggravated battery  with  a  firearm,  aggravated
    discharge  of  a  firearm,  and  reckless  discharge of a
    firearm; however, the  General  Assembly  has  legislated
    greater penalties for the commission of a felony while in
    possession  of  a  firearm  because it deems such acts as
    more serious.
    (b)  Legislative intent.
         (1)  In order to deter the use of  firearms  in  the
    commission  of  a  felony  offense,  the General Assembly
    deems it appropriate for a greater penalty to be  imposed
    when a firearm is used or discharged in the commission of
    an offense than the penalty imposed for using other types
    of  weapons  and  for  the  penalty  to  increase on more
    serious offenses.
         (2)  With the additional elements of  the  discharge
    of a firearm and great bodily harm inflicted by a firearm
    being  added  to  armed violence and other serious felony
    offenses, it is the intent of  the  General  Assembly  to
    punish  those elements more severely during commission of
    a felony offense than when those elements stand alone  as
    the act of the offender.
         (3)  It  is  the intent of the 91st General Assembly
    that   should   Public    Act    88-680    be    declared
    unconstitutional  for a violation of Article 4, Section 8
    of the 1970 Constitution of the State  of  Illinois,  the
    amendatory  changes  made by Public Act 88-680 to Article
    33A of the Criminal Code of 1961 and which are set  forth
    as  law  in  this  amendatory  Act  of  the  91st General
    Assembly are hereby reenacted by this amendatory  Act  of
    the 91st General Assembly.
    (c)  Definitions.
         (1)  "Armed  with  a  dangerous weapon". A person is
    considered armed with a dangerous weapon for purposes  of
    this  Article,  when he or she carries on or about his or
    her person or is  otherwise  armed  with  a  Category  I,
    Category II, or Category III weapon.
         (2)  A  Category  I  weapon  is a handgun, sawed-off
    shotgun, sawed-off rifle, any other firearm small  enough
    to  be  concealed upon the person, semiautomatic firearm,
    or machine gun.  A Category II weapon is any other rifle,
    shotgun, spring gun, other firearm, stun gun or taser  as
    defined  in  paragraph  (a) of Section 24-1 of this Code,
    knife with a blade  of  at  least  3  inches  in  length,
    dagger,  dirk, switchblade knife, stiletto, axe, hatchet,
    or other deadly or dangerous weapon or instrument of like
    character.  As used in this subsection (b) "semiautomatic
    firearm"  means  a  repeating  firearm  that  utilizes  a
    portion of the energy of a firing  cartridge  to  extract
    the  fired  cartridge case and chamber the next round and
    that requires a separate pull of the trigger to fire each
    cartridge.
         (3)  A  Category   III   weapon   is   a   bludgeon,
    black-jack,   slungshot,   sand-bag,   sand-club,   metal
    knuckles,  billy,  or  other  dangerous  weapon  of  like
    character.
(Source: P.A. 91-404, eff. 1-1-00.)

    (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
    Sec. 33A-3. Sentence.
    (a)  Violation  of  Section  33A-2(a)  with  a Category I
weapon is a Class X felony for which the defendant  shall  be
sentenced to a minimum term of imprisonment of 15 years.
    (a-5)  Violation  of  Section 33A-2(a) with a Category II
weapon is a Class X felony for which the defendant  shall  be
sentenced to a minimum term of imprisonment of 10 years.
    (b)  Violation  of  Section  33A-2(a) with a Category III
weapon is a Class  2  felony  or  the  felony  classification
provided  for  the  same act while unarmed, whichever permits
the greater penalty.   A second or  subsequent  violation  of
Section  33A-2(a)  with  a  Category  III weapon is a Class 1
felony or the felony classification provided for the same act
while unarmed, whichever permits the greater penalty.
    (b-5)  Violation of Section 33A-2(b) with a firearm  that
is a Category I or Category II weapon is a Class X felony for
which  the  defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
    (b-10)  Violation of Section 33A-2(c) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which  the  defendant  shall  be  sentenced  to  a  term   of
imprisonment  of  not  less  than  25  years nor more than 40
years.
    (c)  Unless sentencing under Section 33B-1 is applicable,
any person who violates subsection  (a)  or  (b)  of  Section
33A-2  with a firearm, when that person has been convicted in
any state or federal court of 3  or  more  of  the  following
offenses: treason, first degree murder, second degree murder,
predatory  criminal  sexual  assault  of  a child, aggravated
criminal sexual assault, criminal  sexual  assault,  robbery,
burglary,  arson,  kidnaping, aggravated battery resulting in
great bodily harm or permanent disability  or  disfigurement,
or  a  violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense  was  committed  after
conviction  on  the  second, the second offense was committed
after conviction on the first, and the violation  of  Section
33A-2  was  committed after conviction on the third, shall be
sentenced to a term of imprisonment of not less than 25 years
nor more than 50 years.
    (c-5)  Except as otherwise provided in  paragraph  (b-10)
or  (c)  of  this  Section,  a  person  who  violates Section
33A-2(a) with a firearm  that  is  a  Category  I  weapon  or
Section  33A-2(b)  in  any  school,  in any conveyance owned,
leased, or contracted by a school to transport students to or
from school or a school related  activity,  or  on  the  real
property  comprising any school or public park, and where the
offense was related to the activities of an  organized  gang,
shall be sentenced to a term of imprisonment of not less than
the  term  set  forth  in  subsection  (a)  or  (b-5) of this
Section, whichever is applicable, and not more than 30 years.
For the purposes of this subsection (c-5),  "organized  gang"
has  the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (d)  For armed violence based upon  a  predicate  offense
listed  in  this  subsection  (d)  the  court shall enter the
sentence for armed  violence  to  run  consecutively  to  the
sentence  imposed  for  the  predicate  offense. The offenses
covered by this provision are:
         (i)  solicitation of murder,
         (ii)  solicitation of murder for hire,
         (iii)  heinous battery,
         (iv)  aggravated battery of a senior citizen,
         (v)  criminal sexual assault,
         (vi)  a violation of subsection (g) of  Section 5 of
    the Cannabis Control Act,
         (vii)  cannabis trafficking,
         (viii)  a violation of subsection (a) of Section 401
    of the Illinois Controlled Substances Act,
         (ix)  controlled substance trafficking  involving  a
    Class  X  felony  amount  of  controlled  substance under
    Section 401 of the Illinois Controlled Substances Act,
         (x)  calculated criminal drug conspiracy, or
         (xi)  streetgang criminal drug conspiracy.
(Source: P.A. 91-404, eff. 1-1-00.)

    (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
    Sec. 33F-1.  Definitions.  For purposes of this Article:
    (a)  "Body Armor" means any one of the following:
         (1)  A military style flak or tactical assault  vest
    which  is made of Kevlar or any other similar material or
    metal, fiberglass, plastic, and nylon plates and designed
    to be worn over one's clothing for the  intended  purpose
    of  stopping  not  only missile fragmentation from mines,
    grenades, mortar shells and artillery fire but also  fire
    from rifles, machine guns, and small arms.
         (2)  Soft  body armor which is made of Kevlar or any
    other similar material or metal  or  any  other  type  of
    insert and which is lightweight and pliable and which can
    be easily concealed under a shirt.
         (3)  A  military style recon/surveillance vest which
    is made of Kevlar or any other similar material and which
    is  lightweight  and  designed  to  be  worn  over  one's
    clothing.
         (4)  Protective casual clothing  which  is  made  of
    Kevlar  or  any  other  similar  material  and  which was
    originally  intended  to  be  used  by   undercover   law
    enforcement  officers  or  dignitaries and is designed to
    look like jackets, coats,  raincoats,  quilted  or  three
    piece suit vests.
    (b)  "Dangerous  weapon" means a Category I, Category II,
or Category III weapon as defined in Section  33A-1  of  this
Code.
(Source: P.A. 87-521; 88-680, eff. 1-1-95.)

    Section  50-10.  The Wrongs to Children Act is amended by
re-enacting Section 5.1 as follows:

    (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
    Sec. 5.1.  A. A parent, step-parent, legal  guardian,  or
other  person  having custody of a child who knowingly allows
or permits an act of criminal sexual abuse or criminal sexual
assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
12-16 of the Criminal Code of 1961, upon his or her child, or
knowingly permits, induces, promotes,  or  arranges  for  the
child  to  engage in prostitution as defined in Section 11-14
of the Criminal Code of 1961, and fails  to  take  reasonable
steps to prevent its commission or future occurrences of such
acts  commits the offense of permitting the sexual abuse of a
child.  For purposes of this Section, "child" means  a  minor
under the age of 17 years.
    B.  Any  person  convicted of permitting the sexual abuse
of a child is guilty of a Class 1 felony.
(Source: P.A. 88-680, eff.  1-1-95;  89-428,  eff.  12-13-95;
89-462, eff. 5-29-96.)

                         ARTICLE 990

    Section 990-1.  Severability.  The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
                         ARTICLE 999

    Section  999-1.  Effective  date.   This Act takes effect
upon becoming law.

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