093_HB0087eng
HB0087 Engrossed LRB093 02293 DRJ 02708 b
1 AN ACT in relation to elderly persons and persons with
2 disabilities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Elder Abuse and Neglect Act is amended by
6 changing Sections 3.5, 4, and 7 as follows:
7 (320 ILCS 20/3.5)
8 Sec. 3.5. Other Responsibilities. The Department shall
9 also be responsible for the following activities, contingent
10 upon adequate funding:
11 (a) promotion of a wide range of endeavors for the
12 purpose of preventing elder abuse, neglect, and financial
13 exploitation in both domestic and institutional settings,
14 including, but not limited to, promotion of public and
15 professional education to increase awareness of elder abuse,
16 neglect, and financial exploitation, to increase reports, and
17 to improve response by various legal, financial, social, and
18 health systems;
19 (b) coordination of efforts with other agencies,
20 councils, and like entities, to include but not be limited
21 to, the Office of the Attorney General, the State Police, the
22 Illinois Law Enforcement Training Standards Board, the State
23 Triad, the Illinois Criminal Justice Information Authority,
24 the Departments of Public Health, Public Aid, and Human
25 Services, the Family Violence Coordinating Council, the
26 Illinois Violence Prevention Authority, and other entities
27 which may impact awareness of, and response to, elder abuse,
28 neglect, and financial exploitation;
29 (c) collection and analysis of data;
30 (d) monitoring of the performance of regional
31 administrative agencies and elder abuse provider agencies;
HB0087 Engrossed -2- LRB093 02293 DRJ 02708 b
1 and
2 (e) promotion of prevention activities;.
3 (f) establishing and coordinating a training program on
4 the unique nature of elder abuse cases with other agencies,
5 councils, and like entities, to include but not be limited to
6 the Office of the Attorney General, the State Police, the
7 Illinois Law Enforcement Training Standards Board, the State
8 Triad, the Illinois Criminal Justice Information Authority,
9 the State departments of Public Health, Public Aid, and Human
10 Services, the Family Violence Coordinating Council, the
11 Illinois Violence Prevention Authority, and other entities
12 that may impact awareness of, and response to elder abuse,
13 neglect, and financial exploitation;
14 (g) solicitation of financial institutions for the
15 purpose of making information available to the general public
16 warning of financial exploitation of the elderly and related
17 financial fraud or abuse, including such information and
18 warnings available through signage or other written materials
19 provided by the Department on the premises of such financial
20 institutions, provided that the manner of displaying or
21 distributing such information is subject to the sole
22 discretion of each financial institution; and
23 (h) coordinating efforts with utility and electric
24 companies to send notices in utility bills to explain to
25 persons 60 years of age or older their rights regarding
26 telemarketing and home repair fraud.
27 (Source: P.A. 92-16, eff. 6-28-01.)
28 (320 ILCS 20/4) (from Ch. 23, par. 6604)
29 Sec. 4. Reports of abuse or neglect.
30 (a) Any person who suspects the abuse, neglect, or
31 financial exploitation of an eligible adult may report this
32 suspicion to an agency designated to receive such reports
33 under this Act or to the Department.
HB0087 Engrossed -3- LRB093 02293 DRJ 02708 b
1 (a-5) If any mandated reporter has reason to believe
2 that an eligible adult, who because of dysfunction is unable
3 to seek assistance for himself or herself, has, within the
4 previous 12 months, been subjected to abuse, neglect, or
5 financial exploitation, the mandated reporter shall, within
6 24 hours after developing such belief, report this suspicion
7 to an agency designated to receive such reports under this
8 Act or to the Department. Whenever a mandated reporter is
9 required to report under this Act in his or her capacity as a
10 member of the staff of a medical or other public or private
11 institution, facility, board and care home, or agency, he or
12 she shall make a report to an agency designated to receive
13 such reports under this Act or to the Department in
14 accordance with the provisions of this Act and may also
15 notify the person in charge of the institution, facility,
16 board and care home, or agency or his or her designated agent
17 that the report has been made. Under no circumstances shall
18 any person in charge of such institution, facility, board and
19 care home, or agency, or his or her designated agent to whom
20 the notification has been made, exercise any control,
21 restraint, modification, or other change in the report or the
22 forwarding of the report to an agency designated to receive
23 such reports under this Act or to the Department. The
24 privileged quality of communication between any professional
25 person required to report and his or her patient or client
26 shall not apply to situations involving abused, neglected, or
27 financially exploited eligible adults and shall not
28 constitute grounds for failure to report as required by this
29 Act.
30 (a-7) A person making a report under this Act in the
31 belief that it is in the alleged victim's best interest shall
32 be immune from criminal or civil liability or professional
33 disciplinary action on account of making the report,
34 notwithstanding any requirements concerning the
HB0087 Engrossed -4- LRB093 02293 DRJ 02708 b
1 confidentiality of information with respect to such eligible
2 adult which might otherwise be applicable.
3 (a-9) Law enforcement officers shall continue to report
4 incidents of alleged abuse pursuant to the Illinois Domestic
5 Violence Act of 1986, notwithstanding any requirements under
6 this Act.
7 (b) Any person, institution or agency participating in
8 the making of a report, providing information or records
9 related to a report, assessment, or services, or
10 participating in the investigation of a report under this Act
11 in good faith, or taking photographs or x-rays as a result of
12 an authorized assessment, shall have immunity from any civil,
13 criminal or other liability in any civil, criminal or other
14 proceeding brought in consequence of making such report or
15 assessment or on account of submitting or otherwise
16 disclosing such photographs or x-rays to any agency
17 designated to receive reports of alleged or suspected abuse
18 or neglect. Any person, institution or agency authorized by
19 the Department to provide assessment, intervention, or
20 administrative services under this Act shall, in the good
21 faith performance of those services, have immunity from any
22 civil, criminal or other liability in any civil, criminal, or
23 other proceeding brought as a consequence of the performance
24 of those services. For the purposes of any civil, criminal,
25 or other proceeding, the good faith of any person required to
26 report, permitted to report, or participating in an
27 investigation of a report of alleged or suspected abuse,
28 neglect, or financial exploitation shall be presumed.
29 (c) The identity of a person making a report of alleged
30 or suspected abuse or neglect under this Act may be disclosed
31 by the Department or other agency provided for in this Act
32 only with such person's written consent or by court order.
33 (d) The Department shall by rule establish a system for
34 filing and compiling reports made under this Act.
HB0087 Engrossed -5- LRB093 02293 DRJ 02708 b
1 (e) Any physician who willfully fails to report as
2 required by this Act shall be referred to the Illinois State
3 Medical Disciplinary Board for action in accordance with
4 subdivision (A)(22) of Section 22 of the Medical Practice Act
5 of 1987. Any dentist or dental hygienist who willfully fails
6 to report as required by this Act shall be referred to the
7 Department of Professional Regulation for action in
8 accordance with paragraph 19 of Section 23 of the Illinois
9 Dental Practice Act. Any other mandated reporter required by
10 this Act to report suspected abuse, neglect, or financial
11 exploitation who willfully fails to report the same is guilty
12 of a Class A misdemeanor.
13 (Source: P.A. 90-628, eff. 1-1-99.)
14 (320 ILCS 20/7) (from Ch. 23, par. 6607)
15 Sec. 7. Review. All services provided to an eligible
16 adult shall be reviewed by the provider agency on at least a
17 quarterly basis for up to one year to determine whether the
18 service care plan should be continued or modified, except
19 that, upon review, the Department may grant a waiver to
20 extend the service care plan for up to one additional year.
21 (Source: P.A. 90-628, eff. 1-1-99.)
22 Section 10. The Criminal Code of 1961 is amended by
23 changing Sections 12-19, 12-21, and 16-1.3 as follows:
24 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
25 Sec. 12-19. Abuse and Criminal Gross Neglect of a Long
26 Term Care Facility Resident.
27 (a) Any person or any owner or licensee of a long term
28 care facility who abuses a long term care facility resident
29 is guilty of a Class 3 felony. Any person or any owner or
30 licensee of a long term care facility who criminally grossly
31 neglects a long term care facility resident is guilty of a
HB0087 Engrossed -6- LRB093 02293 DRJ 02708 b
1 Class 4 felony. A person whose criminal neglect of a long
2 term care facility resident results in the resident's death
3 is guilty of a Class 3 felony. However, nothing herein shall
4 be deemed to apply to a physician licensed to practice
5 medicine in all its branches or a duly licensed nurse
6 providing care within the scope of his or her professional
7 judgment and within the accepted standards of care within the
8 community.
9 (b) Notwithstanding the penalties in subsections (a) and
10 (c) and in addition thereto, if a licensee or owner of a long
11 term care facility or his or her employee has caused neglect
12 of a resident, the licensee or owner is guilty of a petty
13 offense. An owner or licensee is guilty under this
14 subsection (b) only if the owner or licensee failed to
15 exercise reasonable care in the hiring, training, supervising
16 or providing of staff or other related routine administrative
17 responsibilities.
18 (c) Notwithstanding the penalties in subsections (a) and
19 (b) and in addition thereto, if a licensee or owner of a long
20 term care facility or his or her employee has caused gross
21 neglect of a resident, the licensee or owner is guilty of a
22 business offense for which a fine of not more than $10,000
23 may be imposed. An owner or licensee is guilty under this
24 subsection (c) only if the owner or licensee failed to
25 exercise reasonable care in the hiring, training, supervising
26 or providing of staff or other related routine administrative
27 responsibilities.
28 (d) For the purpose of this Section:
29 (1) "Abuse" means intentionally or knowingly
30 causing any physical or mental injury or committing any
31 sexual offense set forth in this Code.
32 (2) "Criminal neglect" means an act whereby a
33 person recklessly (i) performs acts that cause an elderly
34 person's or person with a disability's life to be
HB0087 Engrossed -7- LRB093 02293 DRJ 02708 b
1 endangered, health to be injured, or pre-existing
2 physical or mental condition to deteriorate, or (ii)
3 fails to perform acts that he or she knows or reasonably
4 should know are necessary to maintain or preserve the
5 life or health of an elderly person or person with a
6 disability, and that failure causes the elderly person's
7 or person with a disability's life to be endangered,
8 health to be injured, or pre-existing physical or mental
9 condition to deteriorate, or (iii) abandons an elderly
10 person or person with a disability. "Gross neglect" means
11 recklessly failing to provide adequate medical or
12 personal care or maintenance, which failure results in
13 physical or mental injury or the deterioration of a
14 physical or mental condition.
15 (3) "Neglect" means negligently failing to provide
16 adequate medical or personal care or maintenance, which
17 failure results in physical or mental injury or the
18 deterioration of a physical or mental condition.
19 (4) "Resident" means a person residing in a long
20 term care facility.
21 (5) "Owner" means the person who owns a long term
22 care facility as provided under the Nursing Home Care Act
23 or an assisted living or shared housing establishment
24 under the Assisted Living and Shared Housing Act.
25 (6) "Licensee" means the individual or entity
26 licensed to operate a facility under the Nursing Home
27 Care Act or the Assisted Living and Shared Housing Act.
28 (7) "Facility" or "long term care facility" means a
29 private home, institution, building, residence, or any
30 other place, whether operated for profit or not, or a
31 county home for the infirm and chronically ill operated
32 pursuant to Division 5-21 or 5-22 of the Counties Code,
33 or any similar institution operated by the State of
34 Illinois or a political subdivision thereof, which
HB0087 Engrossed -8- LRB093 02293 DRJ 02708 b
1 provides, through its ownership or management, personal
2 care, sheltered care or nursing for 3 or more persons not
3 related to the owner by blood or marriage. The term also
4 includes skilled nursing facilities and intermediate care
5 facilities as defined in Title XVIII and Title XIX of the
6 federal Social Security Act and assisted living
7 establishments and shared housing establishments licensed
8 under the Assisted Living and Shared Housing Act.
9 (e) Nothing contained in this Section shall be deemed to
10 apply to the medical supervision, regulation or control of
11 the remedial care or treatment of residents in a facility
12 conducted for those who rely upon treatment by prayer or
13 spiritual means in accordance with the creed or tenets of any
14 well recognized church or religious denomination and which is
15 licensed in accordance with Section 3-803 of the Nursing Home
16 Care Act.
17 (Source: P.A. 91-656, eff. 1-1-01.)
18 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
19 Sec. 12-21. Criminal abuse or neglect of an elderly
20 person or disabled person with a disability.
21 (a) A person commits the offense of criminal abuse or
22 neglect of an elderly person or disabled person with a
23 disability when he or she is a caregiver and he or she
24 knowingly:
25 (1) performs acts that cause the elderly person or
26 person with a disability's disabled person's life to be
27 endangered, health to be injured, or pre-existing
28 physical or mental condition to deteriorate; or
29 (2) fails to perform acts that he or she knows or
30 reasonably should know are necessary to maintain or
31 preserve the life or health of the elderly person or
32 disabled person with a disability and such failure causes
33 the elderly person or person with a disability's disabled
HB0087 Engrossed -9- LRB093 02293 DRJ 02708 b
1 person's life to be endangered, health to be injured or
2 pre-existing physical or mental condition to deteriorate;
3 or
4 (3) abandons the elderly person or disabled person
5 with a disability; or
6 (4) physically abuses, harasses, intimidates, or
7 interferes with the personal liberty of the elderly
8 person or disabled person with a disability or exposes
9 the elderly person or disabled person with a disability
10 to willful deprivation.
11 Criminal abuse or neglect of an elderly person or
12 disabled person with a disability is a Class 3 felony.
13 Criminal neglect of an elderly person or person with a
14 disability is a Class 2 felony if the criminal neglect
15 results in the death of the person neglected for which the
16 defendant, if sentenced to a term of imprisonment, shall be
17 sentenced to a term of not less than 3 years and not more
18 than 14 years.
19 (b) For purposes of this Section:
20 (1) "Elderly person" means a person 60 years of age
21 or older who is suffering from a disease or infirmity
22 associated with advanced age and manifested by physical,
23 mental or emotional dysfunctioning to the extent that
24 such person is incapable of adequately providing for his
25 own health and personal care.
26 (2) "Disabled Person with a disability" means a
27 person who suffers from a permanent physical or mental
28 impairment, resulting from disease, injury, functional
29 disorder or congenital condition which renders such
30 person incapable of adequately providing for his own
31 health and personal care.
32 (3) "Caregiver" means a person who has a duty to
33 provide for an elderly person or person with a
34 disability's disabled person's health and personal care,
HB0087 Engrossed -10- LRB093 02293 DRJ 02708 b
1 at such person's place of residence, including but not
2 limited to, food and nutrition, shelter, hygiene,
3 prescribed medication and medical care and treatment.
4 "Caregiver" shall include:
5 (A) a parent, spouse, adult child or other
6 relative by blood or marriage who resides with or
7 resides in the same building with or and regularly
8 visits the elderly person or disabled person with a
9 disability, knows or reasonably should know of such
10 person's physical or mental impairment and knows or
11 reasonably should know that such person is unable to
12 adequately provide for his own health and personal
13 care;
14 (B) a person who is employed by the elderly
15 person or disabled person with a disability or by
16 another to reside with or regularly visit the
17 elderly person or disabled person with a disability
18 and provide for such person's health and personal
19 care;
20 (C) a person who has agreed for consideration
21 to reside with or regularly visit the elderly person
22 or disabled person with a disability and provide
23 for such person's health and personal care; and
24 (D) a person who has been appointed by a
25 private or public agency or by a court of competent
26 jurisdiction to provide for the elderly person or
27 person with a disability's disabled person's health
28 and personal care.
29 "Caregiver" shall not include a long-term care
30 facility licensed or certified under the Nursing Home
31 Care Act or any administrative, medical or other
32 personnel of such a facility, or a health care provider
33 who is licensed under the Medical Practice Act of 1987
34 and renders care in the ordinary course of his
HB0087 Engrossed -11- LRB093 02293 DRJ 02708 b
1 profession.
2 (4) "Abandon" means to desert or knowingly forsake
3 an elderly person or disabled person with a disability
4 under circumstances in which a reasonable person would
5 continue to provide care and custody.
6 (5) "Willful deprivation" has the meaning ascribed
7 to it in paragraph (15) of Section 103 of the Illinois
8 Domestic Violence Act of 1986.
9 (c) Nothing in this Section shall be construed to limit
10 the remedies available to the victim under the Illinois
11 Domestic Violence Act.
12 (d) Nothing in this Section shall be construed to impose
13 criminal liability on a person who has made a good faith
14 effort to provide for the health and personal care of an
15 elderly person or disabled person with a disability, but
16 through no fault of his own has been unable to provide such
17 care.
18 (e) Nothing in this Section shall be construed as
19 prohibiting a person from providing treatment by spiritual
20 means through prayer alone and care consistent therewith in
21 lieu of medical care and treatment in accordance with the
22 tenets and practices of any church or religious denomination
23 of which the elderly person or disabled person with a
24 disability is a member.
25 (f) It is not a defense to criminal abuse or neglect of
26 an elderly person or disabled person with a disability that
27 the accused reasonably believed that the victim was not an
28 elderly person or disabled person with a disability.
29 (Source: P.A. 92-328, eff. 1-1-02.)
30 (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
31 Sec. 16-1.3. Financial exploitation of an elderly person
32 or a person with a disability.
33 (a) A person commits the offense of financial
HB0087 Engrossed -12- LRB093 02293 DRJ 02708 b
1 exploitation of an elderly person or a person with a
2 disability when he or she stands in a position of trust or
3 confidence with the elderly person or a person with a
4 disability and he or she knowingly and by deception or
5 intimidation obtains control over the property of an elderly
6 person or a person with a disability or illegally uses the
7 assets or resources of an elderly person or a person with a
8 disability. The illegal use of the assets or resources of an
9 elderly person or a person with a disability includes, but is
10 not limited to, the misappropriation of those assets or
11 resources by undue influence, breach of a fiduciary
12 relationship, fraud, deception, extortion, or use of the
13 assets or resources contrary to law with the intent to
14 permanently deprive the elderly person or the person with a
15 disability of the use, benefit, or possession of his or her
16 property.
17 Financial exploitation of an elderly person or a person
18 with a disability is a Class 4 felony if the value of the
19 property is $300 or less, a Class 3 felony if the value of
20 the property is more than $300 but less than $5,000, a Class
21 2 felony if the value of the property is $5,000 or more but
22 less than $100,000 and a Class 1 felony if the value of the
23 property is $100,000 or more or if the elderly person is over
24 70 years of age and the value of the property is $15,000 or
25 more or if the elderly person is 80 years of age or older and
26 the value of the property is $5,000 or more.
27 (b) For purposes of this Section:
28 (1) "Elderly person" means a person 60 years of age
29 or older who is suffering from a disease or infirmity
30 that impairs the individual's mental or physical ability
31 to independently manage his or her property or financial
32 resources, or both.
33 (2) "Person with a disability" means a person who
34 suffers from a permanent physical or mental impairment
HB0087 Engrossed -13- LRB093 02293 DRJ 02708 b
1 resulting from disease, injury, functional disorder or
2 congenital condition that impairs the individual's mental
3 or physical ability to independently manage his or her
4 property or financial resources, or both.
5 (3) "Intimidation" means the communication to an
6 elderly person or a person with a disability that he or
7 she shall be deprived of food and nutrition, shelter,
8 prescribed medication or medical care and treatment.
9 (4) "Deception" means, in addition to its meaning
10 as defined in Section 15-4 of this Code, a
11 misrepresentation or concealment of material fact
12 relating to the terms of a contract or agreement entered
13 into with the elderly person or person with a disability
14 or to the existing or pre-existing condition of any of
15 the property involved in such contract or agreement; or
16 the use or employment of any misrepresentation, false
17 pretense or false promise in order to induce, encourage
18 or solicit the elderly person or person with a disability
19 to enter into a contract or agreement.
20 (c) For purposes of this Section, a person stands in a
21 position of trust and confidence with an elderly person or
22 person with a disability when he (1) is a parent, spouse,
23 adult child or other relative by blood or marriage of the
24 elderly person or person with a disability, (2) is a joint
25 tenant or tenant in common with the elderly person or person
26 with a disability, (3) has a legal or fiduciary relationship
27 with the elderly person or person with a disability, or (4)
28 is a financial planning or investment professional.
29 (d) Nothing in this Section shall be construed to limit
30 the remedies available to the victim under the Illinois
31 Domestic Violence Act of 1986.
32 (e) Nothing in this Section shall be construed to impose
33 criminal liability on a person who has made a good faith
34 effort to assist the elderly person or person with a
HB0087 Engrossed -14- LRB093 02293 DRJ 02708 b
1 disability in the management of his or her property, but
2 through no fault of his or her own has been unable to provide
3 such assistance.
4 (f) It shall not be a defense to financial exploitation
5 of an elderly person or person with a disability that the
6 accused reasonably believed that the victim was not an
7 elderly person or person with a disability.
8 (g) Civil Liability. A person who is charged by
9 information or indictment with the offense of financial
10 exploitation of an elderly person or person with a disability
11 and who fails or refuses to return the victim's property
12 within 60 days following a written demand from the victim or
13 the victim's legal representative shall be liable to the
14 victim or to the estate of the victim in damages of treble
15 the amount of the value of the property obtained, plus
16 reasonable attorney fees and court costs. The burden of
17 proof that the defendant unlawfully obtained the victim's
18 property shall be by a preponderance of the evidence. This
19 subsection shall be operative whether or not the defendant
20 has been convicted of the offense.
21 (Source: P.A. 91-236, eff. 7-22-99; 92-808, eff. 8-21-02.)
22 Section 15. The Code of Criminal Procedure of 1963 is
23 amended by changing Section 115-10.3 and adding Section
24 114-13.5 as follows:
25 (725 ILCS 5/114-13.5 new)
26 Sec. 114-13.5. Evidence deposition; elder abuse. In a
27 prosecution for abuse, neglect, or financial exploitation of
28 an eligible adult as defined in the Elder Abuse and Neglect
29 Act, the eligible adult may give testimony in the form of an
30 evidence deposition and not be required to appear in court to
31 testify.
HB0087 Engrossed -15- LRB093 02293 DRJ 02708 b
1 (725 ILCS 5/115-10.3)
2 Sec. 115-10.3. Hearsay exception regarding elder adults.
3 (a) In a prosecution for a physical act, abuse, neglect,
4 or financial exploitation perpetrated upon or against an
5 eligible adult, as defined in the Elder Abuse and Neglect
6 Act, who at the time the act was committed or prior to the
7 time of the trial has been diagnosed by a physician to suffer
8 from (i) any form of dementia, developmental disability, or
9 other form of mental incapacity or (ii) any physical
10 infirmity, including but not limited to prosecutions for
11 violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11,
12 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.5,
13 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1,
14 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3,
15 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2 of
16 the Criminal Code of 1961, the following evidence shall be
17 admitted as an exception to the hearsay rule:
18 (1) testimony by an eligible adult, of an out of
19 court statement made by the eligible adult, that he or
20 she complained of such act to another; and
21 (2) testimony of an out of court statement made by
22 the eligible adult, describing any complaint of such act
23 or matter or detail pertaining to any act which is an
24 element of an offense which is the subject of a
25 prosecution for a physical act, abuse, neglect, or
26 financial exploitation perpetrated upon or against the
27 eligible adult.
28 (b) Such testimony shall only be admitted if:
29 (1) The court finds in a hearing conducted outside
30 the presence of the jury that the time, content, and
31 circumstances of the statement provide sufficient
32 safeguards of reliability; and
33 (2) The eligible adult either:
34 (A) testifies at the proceeding; or
HB0087 Engrossed -16- LRB093 02293 DRJ 02708 b
1 (B) is unavailable as a witness and there is
2 corroborative evidence of the act which is the
3 subject of the statement.
4 (c) If a statement is admitted pursuant to this Section,
5 the court shall instruct the jury that it is for the jury to
6 determine the weight and credibility to be given the
7 statement and that, in making the determination, it shall
8 consider the condition of the eligible adult, the nature of
9 the statement, the circumstances under which the statement
10 was made, and any other relevant factor.
11 (d) The proponent of the statement shall give the
12 adverse party reasonable notice of his or her intention to
13 offer the statement and the particulars of the statement.
14 (Source: P.A. 92-91, eff. 7-18-01.)
15 Section 20. The Unified Code of Corrections is amended
16 by changing Section 5-5-3 as follows:
17 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
18 Sec. 5-5-3. Disposition.
19 (a) Every person convicted of an offense shall be
20 sentenced as provided in this Section.
21 (b) The following options shall be appropriate
22 dispositions, alone or in combination, for all felonies and
23 misdemeanors other than those identified in subsection (c) of
24 this Section:
25 (1) A period of probation.
26 (2) A term of periodic imprisonment.
27 (3) A term of conditional discharge.
28 (4) A term of imprisonment.
29 (5) An order directing the offender to clean up and
30 repair the damage, if the offender was convicted under
31 paragraph (h) of Section 21-1 of the Criminal Code of
32 1961.
HB0087 Engrossed -17- LRB093 02293 DRJ 02708 b
1 (6) A fine.
2 (7) An order directing the offender to make
3 restitution to the victim under Section 5-5-6 of this
4 Code.
5 (8) A sentence of participation in a county impact
6 incarceration program under Section 5-8-1.2 of this Code.
7 Whenever an individual is sentenced for an offense based
8 upon an arrest for a violation of Section 11-501 of the
9 Illinois Vehicle Code, or a similar provision of a local
10 ordinance, and the professional evaluation recommends
11 remedial or rehabilitative treatment or education, neither
12 the treatment nor the education shall be the sole disposition
13 and either or both may be imposed only in conjunction with
14 another disposition. The court shall monitor compliance with
15 any remedial education or treatment recommendations contained
16 in the professional evaluation. Programs conducting alcohol
17 or other drug evaluation or remedial education must be
18 licensed by the Department of Human Services. However, if
19 the individual is not a resident of Illinois, the court may
20 accept an alcohol or other drug evaluation or remedial
21 education program in the state of such individual's
22 residence. Programs providing treatment must be licensed
23 under existing applicable alcoholism and drug treatment
24 licensure standards.
25 In addition to any other fine or penalty required by law,
26 any individual convicted of a violation of Section 11-501 of
27 the Illinois Vehicle Code or a similar provision of local
28 ordinance, whose operation of a motor vehicle while in
29 violation of Section 11-501 or such ordinance proximately
30 caused an incident resulting in an appropriate emergency
31 response, shall be required to make restitution to a public
32 agency for the costs of that emergency response. Such
33 restitution shall not exceed $500 per public agency for each
34 such emergency response. For the purpose of this paragraph,
HB0087 Engrossed -18- LRB093 02293 DRJ 02708 b
1 emergency response shall mean any incident requiring a
2 response by: a police officer as defined under Section 1-162
3 of the Illinois Vehicle Code; a fireman carried on the rolls
4 of a regularly constituted fire department; and an ambulance
5 as defined under Section 4.05 of the Emergency Medical
6 Services (EMS) Systems Act.
7 Neither a fine nor restitution shall be the sole
8 disposition for a felony and either or both may be imposed
9 only in conjunction with another disposition.
10 (c) (1) When a defendant is found guilty of first degree
11 murder the State may either seek a sentence of
12 imprisonment under Section 5-8-1 of this Code, or where
13 appropriate seek a sentence of death under Section 9-1 of
14 the Criminal Code of 1961.
15 (2) A period of probation, a term of periodic
16 imprisonment or conditional discharge shall not be
17 imposed for the following offenses. The court shall
18 sentence the offender to not less than the minimum term
19 of imprisonment set forth in this Code for the following
20 offenses, and may order a fine or restitution or both in
21 conjunction with such term of imprisonment:
22 (A) First degree murder where the death
23 penalty is not imposed.
24 (B) Attempted first degree murder.
25 (C) A Class X felony.
26 (D) A violation of Section 401.1 or 407 of the
27 Illinois Controlled Substances Act, or a violation
28 of subdivision (c)(1) or (c)(2) of Section 401 of
29 that Act which relates to more than 5 grams of a
30 substance containing heroin or cocaine or an analog
31 thereof.
32 (E) A violation of Section 5.1 or 9 of the
33 Cannabis Control Act.
34 (F) A Class 2 or greater felony if the
HB0087 Engrossed -19- LRB093 02293 DRJ 02708 b
1 offender had been convicted of a Class 2 or greater
2 felony within 10 years of the date on which the
3 offender committed the offense for which he or she
4 is being sentenced, except as otherwise provided in
5 Section 40-10 of the Alcoholism and Other Drug Abuse
6 and Dependency Act.
7 (G) Residential burglary, except as otherwise
8 provided in Section 40-10 of the Alcoholism and
9 Other Drug Abuse and Dependency Act.
10 (H) Criminal sexual assault, except as
11 otherwise provided in subsection (e) of this
12 Section.
13 (I) Aggravated battery of a senior citizen.
14 (J) A forcible felony if the offense was
15 related to the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of
18 5 or more persons, with an established hierarchy,
19 that encourages members of the association to
20 perpetrate crimes or provides support to the members
21 of the association who do commit crimes.
22 Beginning July 1, 1994, for the purposes of
23 this paragraph, "organized gang" has the meaning
24 ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (K) Vehicular hijacking.
27 (L) A second or subsequent conviction for the
28 offense of hate crime when the underlying offense
29 upon which the hate crime is based is felony
30 aggravated assault or felony mob action.
31 (M) A second or subsequent conviction for the
32 offense of institutional vandalism if the damage to
33 the property exceeds $300.
34 (N) A Class 3 felony violation of paragraph
HB0087 Engrossed -20- LRB093 02293 DRJ 02708 b
1 (1) of subsection (a) of Section 2 of the Firearm
2 Owners Identification Card Act.
3 (O) A violation of Section 12-6.1 of the
4 Criminal Code of 1961.
5 (P) A violation of paragraph (1), (2), (3),
6 (4), (5), or (7) of subsection (a) of Section
7 11-20.1 of the Criminal Code of 1961.
8 (Q) A violation of Section 20-1.2 of the
9 Criminal Code of 1961.
10 (R) A violation of Section 24-3A of the
11 Criminal Code of 1961.
12 (S) A violation of Section 11-501(c-1)(3) of
13 the Illinois Vehicle Code.
14 (3) A minimum term of imprisonment of not less than
15 5 days or 30 days of community service as may be
16 determined by the court shall be imposed for a second
17 violation committed within 5 years of a previous
18 violation of Section 11-501 of the Illinois Vehicle Code
19 or a similar provision of a local ordinance. In the case
20 of a third or subsequent violation committed within 5
21 years of a previous violation of Section 11-501 of the
22 Illinois Vehicle Code or a similar provision of a local
23 ordinance, a minimum term of either 10 days of
24 imprisonment or 60 days of community service shall be
25 imposed.
26 (4) A minimum term of imprisonment of not less than
27 10 consecutive days or 30 days of community service shall
28 be imposed for a violation of paragraph (c) of Section
29 6-303 of the Illinois Vehicle Code.
30 (4.1) A minimum term of 30 consecutive days of
31 imprisonment, 40 days of 24 hour periodic imprisonment or
32 720 hours of community service, as may be determined by
33 the court, shall be imposed for a violation of Section
34 11-501 of the Illinois Vehicle Code during a period in
HB0087 Engrossed -21- LRB093 02293 DRJ 02708 b
1 which the defendant's driving privileges are revoked or
2 suspended, where the revocation or suspension was for a
3 violation of Section 11-501 or Section 11-501.1 of that
4 Code.
5 (4.2) Except as provided in paragraph (4.3) of this
6 subsection (c), a minimum of 100 hours of community
7 service shall be imposed for a second violation of
8 Section 6-303 of the Illinois Vehicle Code.
9 (4.3) A minimum term of imprisonment of 30 days or
10 300 hours of community service, as determined by the
11 court, shall be imposed for a second violation of
12 subsection (c) of Section 6-303 of the Illinois Vehicle
13 Code.
14 (4.4) Except as provided in paragraph (4.5) and
15 paragraph (4.6) of this subsection (c), a minimum term of
16 imprisonment of 30 days or 300 hours of community
17 service, as determined by the court, shall be imposed for
18 a third or subsequent violation of Section 6-303 of the
19 Illinois Vehicle Code.
20 (4.5) A minimum term of imprisonment of 30 days
21 shall be imposed for a third violation of subsection (c)
22 of Section 6-303 of the Illinois Vehicle Code.
23 (4.6) A minimum term of imprisonment of 180 days
24 shall be imposed for a fourth or subsequent violation of
25 subsection (c) of Section 6-303 of the Illinois Vehicle
26 Code.
27 (5) The court may sentence an offender convicted of
28 a business offense or a petty offense or a corporation or
29 unincorporated association convicted of any offense to:
30 (A) a period of conditional discharge;
31 (B) a fine;
32 (C) make restitution to the victim under
33 Section 5-5-6 of this Code.
34 (5.1) In addition to any penalties imposed under
HB0087 Engrossed -22- LRB093 02293 DRJ 02708 b
1 paragraph (5) of this subsection (c), and except as
2 provided in paragraph (5.2) or (5.3), a person convicted
3 of violating subsection (c) of Section 11-907 of the
4 Illinois Vehicle Code shall have his or her driver's
5 license, permit, or privileges suspended for at least 90
6 days but not more than one year, if the violation
7 resulted in damage to the property of another person.
8 (5.2) In addition to any penalties imposed under
9 paragraph (5) of this subsection (c), and except as
10 provided in paragraph (5.3), a person convicted of
11 violating subsection (c) of Section 11-907 of the
12 Illinois Vehicle Code shall have his or her driver's
13 license, permit, or privileges suspended for at least 180
14 days but not more than 2 years, if the violation resulted
15 in injury to another person.
16 (5.3) In addition to any penalties imposed under
17 paragraph (5) of this subsection (c), a person convicted
18 of violating subsection (c) of Section 11-907 of the
19 Illinois Vehicle Code shall have his or her driver's
20 license, permit, or privileges suspended for 2 years, if
21 the violation resulted in the death of another person.
22 (6) In no case shall an offender be eligible for a
23 disposition of probation or conditional discharge for a
24 Class 1 felony committed while he was serving a term of
25 probation or conditional discharge for a felony.
26 (7) When a defendant is adjudged a habitual
27 criminal under Article 33B of the Criminal Code of 1961,
28 the court shall sentence the defendant to a term of
29 natural life imprisonment.
30 (8) When a defendant, over the age of 21 years, is
31 convicted of a Class 1 or Class 2 felony, after having
32 twice been convicted in any state or federal court of an
33 offense that contains the same elements as an offense now
34 classified in Illinois as a Class 2 or greater Class
HB0087 Engrossed -23- LRB093 02293 DRJ 02708 b
1 felony and such charges are separately brought and tried
2 and arise out of different series of acts, such defendant
3 shall be sentenced as a Class X offender. This paragraph
4 shall not apply unless (1) the first felony was committed
5 after the effective date of this amendatory Act of 1977;
6 and (2) the second felony was committed after conviction
7 on the first; and (3) the third felony was committed
8 after conviction on the second. A person sentenced as a
9 Class X offender under this paragraph is not eligible to
10 apply for treatment as a condition of probation as
11 provided by Section 40-10 of the Alcoholism and Other
12 Drug Abuse and Dependency Act.
13 (9) A defendant convicted of a second or subsequent
14 offense of ritualized abuse of a child may be sentenced
15 to a term of natural life imprisonment.
16 (10) When a person is convicted of violating
17 Section 11-501 of the Illinois Vehicle Code or a similar
18 provision of a local ordinance, the following penalties
19 apply when his or her blood, breath, or urine was .16 or
20 more based on the definition of blood, breath, or urine
21 units in Section 11-501.2 or that person is convicted of
22 violating Section 11-501 of the Illinois Vehicle Code
23 while transporting a child under the age of 16:
24 (A) For a first violation of subsection (a) of
25 Section 11-501, in addition to any other penalty
26 that may be imposed under subsection (c) of Section
27 11-501: a mandatory minimum of 100 hours of
28 community service and a minimum fine of $500.
29 (B) For a second violation of subsection (a)
30 of Section 11-501, in addition to any other penalty
31 that may be imposed under subsection (c) of Section
32 11-501 within 10 years: a mandatory minimum of 2
33 days of imprisonment and a minimum fine of $1,250.
34 (C) For a third violation of subsection (a) of
HB0087 Engrossed -24- LRB093 02293 DRJ 02708 b
1 Section 11-501, in addition to any other penalty
2 that may be imposed under subsection (c) of Section
3 11-501 within 20 years: a mandatory minimum of 90
4 days of imprisonment and a minimum fine of $2,500.
5 (D) For a fourth or subsequent violation of
6 subsection (a) of Section 11-501: ineligibility for
7 a sentence of probation or conditional discharge and
8 a minimum fine of $2,500.
9 (d) In any case in which a sentence originally imposed
10 is vacated, the case shall be remanded to the trial court.
11 The trial court shall hold a hearing under Section 5-4-1 of
12 the Unified Code of Corrections which may include evidence of
13 the defendant's life, moral character and occupation during
14 the time since the original sentence was passed. The trial
15 court shall then impose sentence upon the defendant. The
16 trial court may impose any sentence which could have been
17 imposed at the original trial subject to Section 5-5-4 of the
18 Unified Code of Corrections. If a sentence is vacated on
19 appeal or on collateral attack due to the failure of the
20 trier of fact at trial to determine beyond a reasonable doubt
21 the existence of a fact (other than a prior conviction)
22 necessary to increase the punishment for the offense beyond
23 the statutory maximum otherwise applicable, either the
24 defendant may be re-sentenced to a term within the range
25 otherwise provided or, if the State files notice of its
26 intention to again seek the extended sentence, the defendant
27 shall be afforded a new trial.
28 (e) In cases where prosecution for criminal sexual
29 assault or aggravated criminal sexual abuse under Section
30 12-13 or 12-16 of the Criminal Code of 1961 results in
31 conviction of a defendant who was a family member of the
32 victim at the time of the commission of the offense, the
33 court shall consider the safety and welfare of the victim and
34 may impose a sentence of probation only where:
HB0087 Engrossed -25- LRB093 02293 DRJ 02708 b
1 (1) the court finds (A) or (B) or both are
2 appropriate:
3 (A) the defendant is willing to undergo a
4 court approved counseling program for a minimum
5 duration of 2 years; or
6 (B) the defendant is willing to participate in
7 a court approved plan including but not limited to
8 the defendant's:
9 (i) removal from the household;
10 (ii) restricted contact with the victim;
11 (iii) continued financial support of the
12 family;
13 (iv) restitution for harm done to the
14 victim; and
15 (v) compliance with any other measures
16 that the court may deem appropriate; and
17 (2) the court orders the defendant to pay for the
18 victim's counseling services, to the extent that the
19 court finds, after considering the defendant's income and
20 assets, that the defendant is financially capable of
21 paying for such services, if the victim was under 18
22 years of age at the time the offense was committed and
23 requires counseling as a result of the offense.
24 Probation may be revoked or modified pursuant to Section
25 5-6-4; except where the court determines at the hearing that
26 the defendant violated a condition of his or her probation
27 restricting contact with the victim or other family members
28 or commits another offense with the victim or other family
29 members, the court shall revoke the defendant's probation and
30 impose a term of imprisonment.
31 For the purposes of this Section, "family member" and
32 "victim" shall have the meanings ascribed to them in Section
33 12-12 of the Criminal Code of 1961.
34 (f) This Article shall not deprive a court in other
HB0087 Engrossed -26- LRB093 02293 DRJ 02708 b
1 proceedings to order a forfeiture of property, to suspend or
2 cancel a license, to remove a person from office, or to
3 impose any other civil penalty.
4 (g) Whenever a defendant is convicted of an offense
5 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
6 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
7 12-15 or 12-16 of the Criminal Code of 1961, the defendant
8 shall undergo medical testing to determine whether the
9 defendant has any sexually transmissible disease, including a
10 test for infection with human immunodeficiency virus (HIV) or
11 any other identified causative agent of acquired
12 immunodeficiency syndrome (AIDS). Any such medical test
13 shall be performed only by appropriately licensed medical
14 practitioners and may include an analysis of any bodily
15 fluids as well as an examination of the defendant's person.
16 Except as otherwise provided by law, the results of such test
17 shall be kept strictly confidential by all medical personnel
18 involved in the testing and must be personally delivered in a
19 sealed envelope to the judge of the court in which the
20 conviction was entered for the judge's inspection in camera.
21 Acting in accordance with the best interests of the victim
22 and the public, the judge shall have the discretion to
23 determine to whom, if anyone, the results of the testing may
24 be revealed. The court shall notify the defendant of the test
25 results. The court shall also notify the victim if requested
26 by the victim, and if the victim is under the age of 15 and
27 if requested by the victim's parents or legal guardian, the
28 court shall notify the victim's parents or legal guardian of
29 the test results. The court shall provide information on the
30 availability of HIV testing and counseling at Department of
31 Public Health facilities to all parties to whom the results
32 of the testing are revealed and shall direct the State's
33 Attorney to provide the information to the victim when
34 possible. A State's Attorney may petition the court to obtain
HB0087 Engrossed -27- LRB093 02293 DRJ 02708 b
1 the results of any HIV test administered under this Section,
2 and the court shall grant the disclosure if the State's
3 Attorney shows it is relevant in order to prosecute a charge
4 of criminal transmission of HIV under Section 12-16.2 of the
5 Criminal Code of 1961 against the defendant. The court shall
6 order that the cost of any such test shall be paid by the
7 county and may be taxed as costs against the convicted
8 defendant.
9 (g-5) When an inmate is tested for an airborne
10 communicable disease, as determined by the Illinois
11 Department of Public Health including but not limited to
12 tuberculosis, the results of the test shall be personally
13 delivered by the warden or his or her designee in a sealed
14 envelope to the judge of the court in which the inmate must
15 appear for the judge's inspection in camera if requested by
16 the judge. Acting in accordance with the best interests of
17 those in the courtroom, the judge shall have the discretion
18 to determine what if any precautions need to be taken to
19 prevent transmission of the disease in the courtroom.
20 (h) Whenever a defendant is convicted of an offense
21 under Section 1 or 2 of the Hypodermic Syringes and Needles
22 Act, the defendant shall undergo medical testing to determine
23 whether the defendant has been exposed to human
24 immunodeficiency virus (HIV) or any other identified
25 causative agent of acquired immunodeficiency syndrome (AIDS).
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the public,
32 the judge shall have the discretion to determine to whom, if
33 anyone, the results of the testing may be revealed. The court
34 shall notify the defendant of a positive test showing an
HB0087 Engrossed -28- LRB093 02293 DRJ 02708 b
1 infection with the human immunodeficiency virus (HIV). The
2 court shall provide information on the availability of HIV
3 testing and counseling at Department of Public Health
4 facilities to all parties to whom the results of the testing
5 are revealed and shall direct the State's Attorney to provide
6 the information to the victim when possible. A State's
7 Attorney may petition the court to obtain the results of any
8 HIV test administered under this Section, and the court
9 shall grant the disclosure if the State's Attorney shows it
10 is relevant in order to prosecute a charge of criminal
11 transmission of HIV under Section 12-16.2 of the Criminal
12 Code of 1961 against the defendant. The court shall order
13 that the cost of any such test shall be paid by the county
14 and may be taxed as costs against the convicted defendant.
15 (i) All fines and penalties imposed under this Section
16 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance,
18 and any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected
20 and disbursed by the circuit clerk as provided under Section
21 27.5 of the Clerks of Courts Act.
22 (j) In cases when prosecution for any violation of
23 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
24 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
25 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
26 12-16 of the Criminal Code of 1961, any violation of the
27 Illinois Controlled Substances Act, or any violation of the
28 Cannabis Control Act results in conviction, a disposition of
29 court supervision, or an order of probation granted under
30 Section 10 of the Cannabis Control Act or Section 410 of the
31 Illinois Controlled Substance Act of a defendant, the court
32 shall determine whether the defendant is employed by a
33 facility or center as defined under the Child Care Act of
34 1969, a public or private elementary or secondary school, or
HB0087 Engrossed -29- LRB093 02293 DRJ 02708 b
1 otherwise works with children under 18 years of age on a
2 daily basis. When a defendant is so employed, the court
3 shall order the Clerk of the Court to send a copy of the
4 judgment of conviction or order of supervision or probation
5 to the defendant's employer by certified mail. If the
6 employer of the defendant is a school, the Clerk of the Court
7 shall direct the mailing of a copy of the judgment of
8 conviction or order of supervision or probation to the
9 appropriate regional superintendent of schools. The regional
10 superintendent of schools shall notify the State Board of
11 Education of any notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is
13 convicted of a felony and who has not been previously
14 convicted of a misdemeanor or felony and who is sentenced to
15 a term of imprisonment in the Illinois Department of
16 Corrections shall as a condition of his or her sentence be
17 required by the court to attend educational courses designed
18 to prepare the defendant for a high school diploma and to
19 work toward a high school diploma or to work toward passing
20 the high school level Test of General Educational Development
21 (GED) or to work toward completing a vocational training
22 program offered by the Department of Corrections. If a
23 defendant fails to complete the educational training required
24 by his or her sentence during the term of incarceration, the
25 Prisoner Review Board shall, as a condition of mandatory
26 supervised release, require the defendant, at his or her own
27 expense, to pursue a course of study toward a high school
28 diploma or passage of the GED test. The Prisoner Review
29 Board shall revoke the mandatory supervised release of a
30 defendant who wilfully fails to comply with this subsection
31 (j-5) upon his or her release from confinement in a penal
32 institution while serving a mandatory supervised release
33 term; however, the inability of the defendant after making a
34 good faith effort to obtain financial aid or pay for the
HB0087 Engrossed -30- LRB093 02293 DRJ 02708 b
1 educational training shall not be deemed a wilful failure to
2 comply. The Prisoner Review Board shall recommit the
3 defendant whose mandatory supervised release term has been
4 revoked under this subsection (j-5) as provided in Section
5 3-3-9. This subsection (j-5) does not apply to a defendant
6 who has a high school diploma or has successfully passed the
7 GED test. This subsection (j-5) does not apply to a defendant
8 who is determined by the court to be developmentally disabled
9 or otherwise mentally incapable of completing the educational
10 or vocational program.
11 (k) A court may not impose a sentence or disposition for
12 a felony or misdemeanor that requires the defendant to be
13 implanted or injected with or to use any form of birth
14 control.
15 (l) (A) Except as provided in paragraph (C) of
16 subsection (l), whenever a defendant, who is an alien as
17 defined by the Immigration and Nationality Act, is
18 convicted of any felony or misdemeanor offense, the court
19 after sentencing the defendant may, upon motion of the
20 State's Attorney, hold sentence in abeyance and remand
21 the defendant to the custody of the Attorney General of
22 the United States or his or her designated agent to be
23 deported when:
24 (1) a final order of deportation has been
25 issued against the defendant pursuant to proceedings
26 under the Immigration and Nationality Act, and
27 (2) the deportation of the defendant would not
28 deprecate the seriousness of the defendant's conduct
29 and would not be inconsistent with the ends of
30 justice.
31 Otherwise, the defendant shall be sentenced as
32 provided in this Chapter V.
33 (B) If the defendant has already been sentenced for
34 a felony or misdemeanor offense, or has been placed on
HB0087 Engrossed -31- LRB093 02293 DRJ 02708 b
1 probation under Section 10 of the Cannabis Control Act or
2 Section 410 of the Illinois Controlled Substances Act,
3 the court may, upon motion of the State's Attorney to
4 suspend the sentence imposed, commit the defendant to the
5 custody of the Attorney General of the United States or
6 his or her designated agent when:
7 (1) a final order of deportation has been
8 issued against the defendant pursuant to proceedings
9 under the Immigration and Nationality Act, and
10 (2) the deportation of the defendant would not
11 deprecate the seriousness of the defendant's conduct
12 and would not be inconsistent with the ends of
13 justice.
14 (C) This subsection (l) does not apply to offenders
15 who are subject to the provisions of paragraph (2) of
16 subsection (a) of Section 3-6-3.
17 (D) Upon motion of the State's Attorney, if a
18 defendant sentenced under this Section returns to the
19 jurisdiction of the United States, the defendant shall be
20 recommitted to the custody of the county from which he or
21 she was sentenced. Thereafter, the defendant shall be
22 brought before the sentencing court, which may impose any
23 sentence that was available under Section 5-5-3 at the
24 time of initial sentencing. In addition, the defendant
25 shall not be eligible for additional good conduct credit
26 for meritorious service as provided under Section 3-6-6.
27 (m) A person convicted of criminal defacement of
28 property under Section 21-1.3 of the Criminal Code of 1961,
29 in which the property damage exceeds $300 and the property
30 damaged is a school building, shall be ordered to perform
31 community service that may include cleanup, removal, or
32 painting over the defacement.
33 (n) The court may sentence a person convicted of a
34 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
HB0087 Engrossed -32- LRB093 02293 DRJ 02708 b
1 Code of 1961 (i) to an impact incarceration program if the
2 person is otherwise eligible for that program under Section
3 5-8-1.1, (ii) to community service, or (iii) if the person is
4 an addict or alcoholic, as defined in the Alcoholism and
5 Other Drug Abuse and Dependency Act, to a substance or
6 alcohol abuse program licensed under that Act.
7 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
8 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
9 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
10 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
11 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff.
12 7-19-02.)
13 Section 25. The Probate Act of 1975 is amended by adding
14 Section 2-6.6 as follows:
15 (755 ILCS 5/2-6.6 new)
16 Sec. 2-6.6. Person convicted of certain offenses against
17 the elderly or disabled. A person who is convicted of a
18 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
19 Code of 1961 may not receive any property, benefit, or other
20 interest by reason of the death of the victim of that
21 offense, whether as heir, legatee, beneficiary, joint tenant,
22 tenant by the entirety, survivor, appointee, or in any other
23 capacity and whether the property, benefit, or other interest
24 passes pursuant to any form of title registration,
25 testamentary or nontestamentary instrument, intestacy,
26 renunciation, or any other circumstance. The property,
27 benefit, or other interest shall pass as if the person
28 convicted of a violation of Section 12-19, 12-21, or 16-1.3
29 of the Criminal Code of 1961 died before the decedent;
30 provided that with respect to joint tenancy property or
31 property held in tenancy by the entirety, the interest
32 possessed prior to the death by the person convicted may not
HB0087 Engrossed -33- LRB093 02293 DRJ 02708 b
1 be diminished by the application of this Section.
2 Notwithstanding the foregoing, a person convicted of a
3 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
4 Code of 1961 shall be entitled to receive property, a
5 benefit, or an interest in any capacity and under any
6 circumstances described in this Section if it is demonstrated
7 by clear and convincing evidence that the victim of that
8 offense knew of the conviction and subsequent to the
9 conviction expressed or ratified his or her intent to
10 transfer the property, benefit, or interest to the person
11 convicted of a violation of Section 12-19, 12-21, or 16-1.3
12 of the Criminal Code of 1961 in any manner contemplated by
13 this Section.
14 The holder of any property subject to the provisions of
15 this Section is not liable for distributing or releasing the
16 property to the person convicted of violating Section 12-19,
17 12-21, or 16-1.3 of the Criminal Code of 1961.
18 If the holder is a financial institution, trust company,
19 trustee, or similar entity or person, the holder shall not be
20 liable for any distribution or release of the property,
21 benefit, or other interest to the person convicted of a
22 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
23 Code of 1961 unless the holder knowingly distributes or
24 releases the property, benefit, or other interest to the
25 person so convicted after first having received actual
26 written notice of the conviction in sufficient time to act
27 upon the notice.
28 The Department of State Police shall have access to State
29 of Illinois databases containing information that may help in
30 the identification or location of persons convicted of the
31 offenses enumerated in this Section. Interagency agreements
32 shall be implemented, consistent with security and procedures
33 established by the State agency and consistent with the laws
34 governing the confidentiality of the information in the
HB0087 Engrossed -34- LRB093 02293 DRJ 02708 b
1 databases. Information shall be used only for administration
2 of this Section.