Public Act 097-0531
 
SB1740 EnrolledLRB097 02705 RLC 42724 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 3-3-7, 3-3-8, and 5-8-1 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    (Text of Section after amendment by P.A. 96-1551)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 
Release.


    (a) The conditions of parole or mandatory
supervised 
release shall be such as the Prisoner Review
Board deems 
necessary to assist the subject in leading a
law-abiding life. 
The conditions of every parole and mandatory
supervised release 
are that the subject:


        (1) not violate any criminal statute of any 
    jurisdiction
during the parole or release term;


        (2) refrain from possessing a firearm or other 
    dangerous
weapon;


        (3) report to an agent of the Department of 
    Corrections;


        (4) permit the agent to visit him or her at his or her 
    home, employment,
or
elsewhere to the
extent necessary for 
    the agent to discharge his or her duties;


        (5) attend or reside in a facility established for the 
    instruction or
residence
of persons on
parole or mandatory 
    supervised release;


        (6) secure permission before visiting or writing a 
    committed person in an
Illinois Department
of Corrections 
    facility;


        (7) report all arrests to an agent of the Department of 
    Corrections as
soon as
permitted by the
arresting authority 
    but in no event later than 24 hours after release from

    custody;


        (7.5) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, the individual shall 
    undergo and successfully complete
sex offender treatment 
    conducted in conformance with the standards developed by

    the Sex
Offender Management Board Act by a treatment 
    provider approved by the Board;


        (7.6) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, refrain from residing at 
    the same address or in the  same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; the 
    provisions of this paragraph do not apply to a person 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders, or is in any facility operated or licensed by 
    the Department of Children and Family Services or by the 
    Department of Human Services, or is in any licensed medical 
    facility;

        (7.7) if convicted for an offense that would qualify 
    the accused as a sexual predator under the Sex Offender 
    Registration Act on or after January 1, 2007 (the effective 
    date of Public Act 94-988) the effective date of this 
    amendatory Act of the 94th General Assembly, wear an 
    approved electronic monitoring device as defined in 
    Section 5-8A-2 for the duration of the person's parole, 
    mandatory supervised release term, or extended mandatory 
    supervised release term and if convicted for an offense of 
    criminal sexual assault, aggravated criminal sexual 
    assault, predatory criminal sexual assault of a child, 
    criminal sexual abuse, aggravated criminal sexual abuse, 
    or ritualized abuse of a child committed on or after August 
    11, 2009 (the effective date of Public Act 96-236) when the 
    victim was under 18 years of age at the time of the 
    commission of the offense and the defendant used force or 
    the threat of force in the commission of the offense wear 
    an approved electronic monitoring device as defined in 
    Section 5-8A-2 that has Global Positioning System (GPS) 
    capability for the duration of the person's parole, 
    mandatory supervised release term, or extended mandatory 
    supervised release term;

        (7.8)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) the 
    effective date of this amendatory Act of the 95th General 
    Assembly that would qualify the accused as a child sex 
    offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is not 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.8), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961; and a person 
    is not related to the accused if the person is  not: (i) the 
    spouse, brother, or sister of the accused;  (ii) a 
    descendant of the accused; (iii) a first or second cousin 
    of the accused; or (iv) a step-child or adopted child of 
    the accused;

        (7.9)
 if convicted under Section 11-6, 11-20.1, 
    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, 
    consent to search of computers, PDAs, cellular phones, and 
    other devices under his or her control that are capable of 
    accessing the Internet or storing electronic files, in 
    order to confirm Internet protocol addresses reported in 
    accordance with the Sex Offender Registration Act and 
    compliance with conditions in this Act;

        (7.10)
 if convicted for an offense that would qualify 
    the accused as a sex offender or sexual predator under the 
    Sex Offender Registration Act on or after June 1, 2008 (the 
    effective date of Public Act 95-640) the effective date of 
    this amendatory Act of the 95th General Assembly, not 
    possess prescription drugs for erectile dysfunction;

        (7.11) if convicted for an offense under Section 11-6, 
    11-9.1, 11-14.4 that involves soliciting for a juvenile 
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
    of the Criminal Code of 1961, or any attempt to commit any 
    of these offenses, committed on or after June 1, 2009 (the 
    effective date of Public Act 95-983):
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 
        (7.12)  if convicted of a sex offense as defined in the 
    Sex Offender
Registration Act committed on or after January 
    1, 2010 (the effective date of Public Act 96-262),  refrain 
    from accessing or using a social networking website as 
    defined in Section 17-0.5 of the Criminal Code of 1961;

        (7.13)  if convicted of a sex offense as defined in 
    Section 2 of the Sex Offender Registration Act committed on 
    or after January 1, 2010 (the effective date of Public Act 
    96-362) that requires the person to register as a sex 
    offender under that Act, may not knowingly use any computer 
    scrub software on any computer that the sex offender uses; 
        (8) obtain permission of an agent of the Department of 
    Corrections before
leaving the
State of Illinois;


        (9) obtain permission of an agent of the Department of 
    Corrections before
changing
his or her residence or 
    employment;


        (10) consent to a search of his or her person, 
    property, or residence
under his or her
control;


        (11) refrain from the use or possession of narcotics or 
    other controlled
substances in
any form, or both, or any 
    paraphernalia related to those substances and submit
to a

    urinalysis test as instructed by a parole agent of the 
    Department of
Corrections;


        (12) not frequent places where controlled substances 
    are illegally sold,
used,
distributed, or administered;


        (13) not knowingly associate with other persons on 
    parole or mandatory
supervised
release without prior 
    written permission of his or her parole agent and not

    associate with
persons who are members of an organized gang 
    as that term is defined in the
Illinois
Streetgang 
    Terrorism Omnibus Prevention Act;


        (14) provide true and accurate information, as it 
    relates to his or her
adjustment in the
community while on 
    parole or mandatory supervised release or to his or her

    conduct
while incarcerated, in response to inquiries by his 
    or her parole agent or of
the
Department of Corrections; 

        (15) follow any specific instructions provided by the 
    parole agent that
are consistent
with furthering 
    conditions set and approved by the Prisoner Review Board or 
    by
law,
exclusive of placement on electronic detention, to 
    achieve the goals and
objectives of his
or her parole or 
    mandatory supervised release or to protect the public. 
    These
instructions by the parole agent may be modified at 
    any time, as the agent
deems
appropriate;


        (16) if convicted of a sex offense as defined in 
    subsection (a-5) of Section 3-1-2 of this Code, unless the 
    offender is a parent or guardian of the person under 18 
    years of age present in the home and no non-familial minors 
    are present, not participate in a holiday event involving 
    children under 18 years of age, such as distributing candy 
    or other items to children on Halloween, wearing a Santa 
    Claus costume on or preceding Christmas, being employed as 
    a department store Santa Claus, or wearing an Easter Bunny 
    costume on or preceding Easter; and
        (17)  if convicted of a violation of an order of 
    protection under Section 12-30 of the Criminal Code of 
    1961, be placed under electronic surveillance as provided 
    in Section 5-8A-7 of this Code. 
    (b) The Board may in addition to other conditions
require 
that the subject:


        (1) work or pursue a course of study or vocational 
    training;


        (2) undergo medical or psychiatric treatment, or 
    treatment
for drug addiction or alcoholism;


        (3) attend or reside in a facility established for the

    instruction or residence of persons on probation or parole;


        (4) support his dependents;


        (5) (blank);


        (6) (blank);


        (7) comply with the terms and conditions of an order of 
    protection
issued pursuant to the Illinois Domestic 
    Violence Act of 1986, enacted by the
84th General Assembly, 
    or an order of protection issued by the court of another

    state, tribe, or United States territory; 

        (7.5)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.5), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961; and a person 
    is related to the accused if the person is: (i) the spouse, 
    brother, or sister of the accused;  (ii) a descendant of the 
    accused; (iii) a first or second cousin of the accused; or 
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) that 
    would qualify as a sex offense as defined in the Sex 
    Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; and

        (8) in addition, if a minor:


            (i) reside with his parents or in a foster home;


            (ii) attend school;


            (iii) attend a non-residential program for youth; 
        or


            (iv) contribute to his own support at home or in a 
        foster
home.


    (b-1) In addition to the conditions set forth in 
subsections (a) and (b), persons required to register as sex 
offenders pursuant to the Sex Offender Registration Act, upon 
release from the custody of the Illinois Department of 
Corrections, may be required by the Board to  comply with the 
following specific conditions of release:
        (1) reside only at a Department approved location;  
        (2) comply with all requirements of the Sex Offender 
    Registration Act;

        (3) notify
         third parties of the risks that may be 
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department 
    of Corrections prior to accepting employment or pursuing a 
    course of study or vocational training and notify the 
    Department prior to any change in employment, study, or 
    training;
        (5) not be employed or participate in any
         volunteer 
    activity that involves contact with children, except under 
    circumstances approved in advance and in writing by an 
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12 
    months from the date of release as determined by the Board;

        (7) refrain from entering into a designated
         geographic 
    area except upon terms approved in advance by an  agent of 
    the Department of Corrections.  The terms may include 
    consideration of the purpose of the entry, the time of day, 
    and others accompanying the person;
        (8) refrain from having any contact, including
         written 
    or oral communications, directly or indirectly, personally 
    or by telephone, letter, or through a third party with 
    certain specified persons including, but not limited to, 
    the victim or the victim's family without the prior written 
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or
         indirectly, 
    personally, by telephone, letter, or through a third party, 
    with minor children without prior identification and 
    approval of an  agent of  the Department of Corrections;
        (10) neither possess or have under his or her
         control 
    any material that is sexually oriented, sexually 
    stimulating, or that shows male or female sex organs or any 
    pictures depicting children under 18 years of age nude or 
    any written or audio material describing sexual 
    intercourse or that depicts or alludes to sexual activity, 
    including but not limited to visual, auditory, telephonic, 
    or electronic media, or any matter obtained through access 
    to any computer or material linked to computer access use;
        (11) not patronize any business providing
         sexually 
    stimulating or sexually oriented entertainment nor utilize 
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about
         parks, 
    schools, day care centers, swimming pools, beaches, 
    theaters, or any other places where minor children 
    congregate without advance approval of an agent of the 
    Department of Corrections and immediately report any 
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
         
    certain specified items of contraband related to the 
    incidence of sexually offending as determined by an agent 
    of the Department of Corrections;
        (14) may be required to provide a written daily log of 
    activities
         if directed by an agent of the Department of 
    Corrections;
        (15) comply with all other special conditions
         that the 
    Department may impose that restrict the person from 
    high-risk situations and limit access to potential 
    victims;
        (16) take an annual polygraph exam;
        (17)  maintain a log of his or her travel; or
        (18)  obtain prior approval of his or her parole officer 
    before driving alone in a motor vehicle.

    (c) The conditions under which the parole or mandatory

supervised release is to be served shall be communicated to
the 
person in writing prior to his release, and he shall
sign the 
same before release. A signed copy of these conditions,

including a copy of an order of protection where one had been 
issued by the
criminal court, shall be retained by the person 
and another copy forwarded to
the officer in charge of his 
supervision.


    (d) After a hearing under Section 3-3-9, the Prisoner

Review  Board may modify or enlarge the conditions of parole
or 
mandatory supervised release.


    (e) The Department shall inform all offenders committed to

the Department of the optional services available to them
upon 
release and shall assist inmates in availing themselves
of such 
optional services upon their release on a voluntary
basis.
    (f)  (Blank). When the subject is in compliance with all 
conditions of his or her parole or mandatory supervised 
release, the subject shall receive a reduction of the period of 
his or her parole or mandatory supervised release  of 90 days 
upon receiving a high school diploma or passage of the high 
school level Test of General Educational Development during the 
period of his or her parole or mandatory supervised release.  
This reduction in the period of a subject's term of parole or 
mandatory supervised release shall be available only to 
subjects who have not previously earned a high school diploma 
or who have not previously passed the high school level Test of 
General Educational Development.


(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, 
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, 
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; 
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 
96-1000, eff. 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, 
Section 1065, eff. 7-1-11; 96-1551, Article 10, Section 10-150, 
eff. 7-1-11; revised 4-18-11.)
 



    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)



    Sec. 3-3-8. 
Length of parole and mandatory supervised

release; discharge.)

    (a) The length of parole
for a person sentenced under the 
law in effect prior to
the effective date of this amendatory 
Act of 1977 and the
length of mandatory supervised release for 
those sentenced
under the law in effect on and after such 
effective date
shall be as set out in Section 5-8-1 unless 
sooner terminated
under paragraph (b) of this Section.   The 
parole period
of a juvenile committed to the Department under 
the Juvenile
Court Act or the Juvenile Court Act of 1987 shall 
extend until he is 21
years of age unless sooner terminated 
under paragraph (b) of this Section.

    (b) The Prisoner Review Board may enter an order
releasing 
and discharging one from parole or mandatory
supervised 
release, and his commitment to the Department,
when it 
determines that he is likely to remain at liberty
without 
committing another offense.

    (b-1) Provided that the subject is in compliance with the 
terms and conditions of his or her parole or mandatory 
supervised release, the Prisoner Review Board may reduce the 
period of a parolee or releasee's parole or mandatory 
supervised release by 90 days upon the parolee or releasee 
receiving a high school diploma or upon passage of the high 
school level Test of General Educational Development during the 
period of his or her parole or mandatory supervised release.  
This reduction in the period of a subject's term of parole or 
mandatory supervised release shall be available only to 
subjects who have not previously earned a high school diploma 
or who have not previously passed the high school level Test of 
General Educational Development. 
    (c) The order of discharge shall become effective upon 
entry of the
order of the Board.  The Board shall notify the 
clerk of the committing
court of the order.  Upon receipt of 
such copy, the clerk shall make an
entry on the record judgment 
that the sentence or commitment has been
satisfied pursuant to 
the order.

    (d) Rights of the person discharged under this
Section 
shall be restored under Section 5-5-5.  This Section is subject 
to
Section 5-750 of the Juvenile Court Act of 1987.

(Source: P.A. 90-590, eff. 1-1-99.)

 


    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)





    Sec. 5-8-1. Natural life imprisonment; enhancements for 
use of a firearm; mandatory supervised release terms. 

    (a) Except as otherwise provided in the statute defining 
the offense or in Article 4.5 of Chapter V, a
sentence of 
imprisonment for a felony shall be a determinate sentence set 
by
the court under this Section, according to the following 
limitations:


        (1) for first degree murder,


            (a) (blank),


            (b) if a trier of fact finds beyond a reasonable

        doubt that the murder was accompanied by exceptionally

        brutal or heinous behavior indicative of wanton 
        cruelty or, except as set forth
in subsection (a)(1)(c) 
        of this Section, that any of the aggravating factors

        listed in subsection (b) or (b-5) of Section 9-1 of the 
        Criminal Code of 1961 are
present, the court may 
        sentence the defendant to a term of natural life

        imprisonment, or


            (c) the court shall sentence the defendant to a 
        term of natural life
imprisonment when the death 
        penalty is not imposed if the defendant,


                (i) has previously been convicted of first 
            degree murder under
any state or federal law, or


                (ii) is a person who, at the time of the 
            commission of the murder,
had attained the age of 
            17 or more and is found guilty of murdering an

            individual under 12 years of age; or, irrespective 
            of the defendant's age at
the time of the 
            commission of the offense, is found guilty of 
            murdering more
than one victim, or


                (iii) is found guilty of murdering a peace 
            officer, fireman, or emergency management worker 
            when
the peace officer, fireman, or emergency 
            management worker was killed in the course of 
            performing his
official duties, or to prevent the 
            peace officer or fireman from
performing his 
            official duties, or in retaliation for the peace 
            officer,
fireman, or emergency management worker 
            from performing his official duties, and the 
            defendant knew or should
have known that the 
            murdered individual was a peace officer, fireman, 
            or emergency management worker, or


                (iv) is found guilty of murdering an employee 
            of an institution or
facility of the Department of 
            Corrections, or any similar local
correctional 
            agency, when the employee was killed in the course 
            of
performing his official duties, or to prevent 
            the employee from performing
his official duties, 
            or in retaliation for the employee performing his

            official duties, or


                (v) is found guilty of murdering an emergency 
            medical
technician - ambulance, emergency medical 
            technician - intermediate, emergency
medical 
            technician - paramedic, ambulance driver or other 
            medical assistance or
first aid person while 
            employed by a municipality or other governmental 
            unit
when the person was killed in the course of 
            performing official duties or
to prevent the 
            person from performing official duties or in 
            retaliation
for performing official duties and the 
            defendant knew or should have known
that the 
            murdered individual was an emergency medical 
            technician - ambulance,
emergency medical 
            technician - intermediate, emergency medical

            technician - paramedic, ambulance driver, or other 
            medical
assistant or first aid personnel, or


                (vi) is a person who, at the time of the 
            commission of the murder,
had not attained the age 
            of 17, and is found guilty of murdering a person 
            under
12 years of age and the murder is committed 
            during the course of aggravated
criminal sexual 
            assault, criminal sexual assault, or aggravated 
            kidnaping,
or


                (vii) is found guilty of first degree murder 
            and the murder was
committed by reason of any 
            person's activity as a community policing 
            volunteer
or to prevent any person from engaging in 
            activity as a community policing
volunteer.  For 
            the purpose of this Section, "community policing 
            volunteer"
has the meaning ascribed to it in 
            Section 2-3.5 of the Criminal Code of 1961.


            For purposes of clause (v), "emergency medical 
        technician - ambulance",
"emergency medical technician -
         intermediate", "emergency medical technician -

        paramedic", have the meanings ascribed to them in the 
        Emergency Medical
Services (EMS) Systems Act.


            (d) (i) if the person committed the offense while 
            armed with a
firearm, 15 years shall be added to 
            the term of imprisonment imposed by the
court;


                (ii) if, during the commission of the offense, 
            the person
personally discharged a firearm, 20 
            years shall be added to the term of
imprisonment 
            imposed by the court;


                (iii) if, during the commission of the 
            offense, the person
personally discharged a 
            firearm that proximately caused great bodily harm,

            permanent disability, permanent disfigurement, or 
            death to another person, 25
years or up to a term 
            of natural life shall be added to the term of

            imprisonment imposed by the court.



        (2) (blank);


        (2.5) for a person convicted under the circumstances 
    described in
paragraph (3) of subsection (b) of Section 
    12-13, paragraph (2) of subsection
(d) of Section 12-14, 
    paragraph (1.2) of subsection (b) of
Section 12-14.1, or 
    paragraph (2) of subsection (b) of Section 12-14.1
of the 
    Criminal Code of 1961, the sentence shall be a term of 
    natural life
imprisonment.






    (b) (Blank).

    (c) (Blank).




    (d)  Subject to
earlier termination under Section 3-3-8, the 
parole or mandatory
supervised release term shall be written as 
part of the sentencing order and shall be as follows:


        (1) for first degree murder or a Class X felony except 
    for the offenses of predatory criminal sexual assault of a 
    child, aggravated criminal sexual assault, and criminal 
    sexual assault if committed on or after the effective date 
    of this amendatory Act of the 94th General Assembly and 
    except for the offense of aggravated child pornography 
    under Section 11-20.3 of the Criminal Code of 1961, if 
    committed on or after January 1, 2009, 3 years;


        (2) for a Class 1 felony or a Class 2 felony except for 
    the offense of criminal sexual assault if committed on or 
    after the effective date of this amendatory Act of the 94th 
    General Assembly and except for the offenses of manufacture 
    and dissemination of child pornography  under clauses 
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
    of 1961, if committed on or after January 1, 2009, 2 years;


        (3) for a Class 3 felony or a Class 4 felony, 1 year;


        (4) for defendants who commit the offense of predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, or criminal sexual assault, on or after the 
    effective date of this amendatory Act of the 94th General 
    Assembly, or who commit the offense of aggravated child 
    pornography, manufacture of child pornography, or 
    dissemination of child pornography after January 1, 2009, 
    the term of mandatory supervised release shall range from a 
    minimum of 3 years to a maximum of the natural life of the 
    defendant;


        (5) if the victim is under 18 years of age, for a 
    second or subsequent
offense of aggravated criminal sexual 
    abuse or felony criminal sexual abuse,
4 years, at least 
    the first 2 years of which the defendant shall serve in an

    electronic home detention program under Article 8A of 
    Chapter V of this Code;
 
        (6)  for a felony domestic battery, aggravated domestic 
    battery, stalking, aggravated stalking, and a felony 
    violation of an order of protection, 4 years. 
    (e) (Blank).

    (f) (Blank).


(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; 
96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. 
7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)