Rep. John D'Amico
Filed: 4/18/2007
 
 

 




 

 		












09500HB2749ham002

LRB095 00989 RLC 35137 a






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AMENDMENT TO HOUSE BILL 2749




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    AMENDMENT NO. ______. Amend House Bill 2749 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Unified Code of Corrections is amended  by 
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changing Section 5-8A-2 as follows:
 



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    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)



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    Sec. 5-8A-2. Definitions. As used in this Article:

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    (A) "Approved electronic monitoring device" means a device 
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approved by
the supervising authority which is primarily 
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intended to record or transmit
information as to the 
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defendant's presence or nonpresence in the home.

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    An approved electronic monitoring device may record or 
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transmit: oral or
wire communications or an auditory sound; 
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visual images; or information
regarding the offender's 
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activities while inside the offender's home.
These devices are 
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subject to the required consent as set forth in Section
5-8A-5 
 


 






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of this Article.

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    An approved electronic monitoring device may be used to 
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record a
conversation between the participant and the 
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monitoring device, or the
participant and the person 
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supervising the participant solely for the
purpose of 
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identification and not for the purpose of eavesdropping or

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conducting any other illegally intrusive monitoring.

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    (B) "Excluded offenses" means first degree murder, escape, 
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predatory
criminal sexual assault of a child, aggravated 
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criminal sexual assault,
criminal sexual assault, aggravated 
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battery with a firearm, bringing or
possessing a firearm, 
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ammunition or explosive in a penal institution, any
"Super-X" 
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drug offense or calculated criminal drug conspiracy or 
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streetgang
criminal drug conspiracy, or any predecessor or 
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successor offenses with the
same or substantially the same 
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elements, or any inchoate offenses relating to
the foregoing 
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offenses.

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    (C) "Home detention" means the confinement of a person 
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convicted or
charged with an offense to his or her place of 
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residence under the terms
and conditions established by the 
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supervising authority.

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    (D) "Participant" means an inmate or offender placed into 
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an
electronic monitoring program.

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    (E) "Supervising authority" means the Department of 
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Corrections,
probation  supervisory authority, sheriff, 
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superintendent of
municipal house of corrections or any other 
 


 






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officer or agency charged with
authorizing and supervising home 
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detention. In counties of over 3,000,000 inhabitants, for the 
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purpose of determining eligibility of a person to be placed in 
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an electronic home detention program, the "supervising 
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authority" shall be the judge and not the sheriff.


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    (F) "Super-X drug offense" means a violation of Section 
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401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); 
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Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), 
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(C), or (D) of the Illinois Controlled Substances
Act.

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(Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff. 
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5-29-96; 89-498,
eff. 6-27-96.)".