Sen. John J. Cullerton
Filed: 4/28/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5640
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5640, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Article 1. | ||||||
6 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
7 | headings for Subdivisions 1, 5, 10, 15, 20, and 25 of Article | ||||||
8 | 12, by adding Section 12-0.1, by changing Sections 12-1, 12-2, | ||||||
9 | 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4.5, 12-5, 12-5.1, 12-5.2, | ||||||
10 | 12-5.5, 12-6, 12-6.2, 12-6.4, 12-7, 12-7.1, 12-7.3, 12-7.4, | ||||||
11 | 12-7.5, 12-7.6, 12-9, 12-10.2, 12-20, 12-20.5, 12-32, 12-33, | ||||||
12 | 12-34, and 12-35, and by changing and renumbering Sections | ||||||
13 | 12-2.5, 12-2.6, 12-4, 12-5.15, 12-6.1, 12-6.3, 12-16.2, 12-30, | ||||||
14 | 12-31, 45-1, and 45-2 as follows: | ||||||
15 | (720 ILCS 5/Art. 12, Subdiv. 1 heading new) |
| |||||||
| |||||||
1 | SUBDIVISION 1. DEFINITIONS | ||||||
2 | (720 ILCS 5/12-0.1 new)
| ||||||
3 | Sec. 12-0.1. Definitions. In this Article, unless the | ||||||
4 | context clearly requires otherwise: | ||||||
5 | "Bona fide labor dispute" means any controversy concerning | ||||||
6 | wages, salaries, hours, working conditions, or benefits, | ||||||
7 | including health and welfare, sick leave, insurance, and | ||||||
8 | pension or retirement provisions, the making or maintaining of | ||||||
9 | collective bargaining agreements, and the terms to be included | ||||||
10 | in those agreements. | ||||||
11 | "Coach" means a person recognized as a coach by the | ||||||
12 | sanctioning authority that conducts an athletic contest. | ||||||
13 | "Correctional institution employee" means a person | ||||||
14 | employed by a penal institution. | ||||||
15 | "Emergency medical technician" includes a paramedic, | ||||||
16 | ambulance driver, first aid worker, hospital worker, or other | ||||||
17 | medical assistance worker. | ||||||
18 | "Family or household members" include spouses, former | ||||||
19 | spouses, parents, children, stepchildren, and other persons | ||||||
20 | related by blood or by present or prior marriage, persons who | ||||||
21 | share or formerly shared a common dwelling, persons who have or | ||||||
22 | allegedly have a child in common, persons who share or | ||||||
23 | allegedly share a blood relationship through a child, persons | ||||||
24 | who have or have had a dating or engagement relationship, | ||||||
25 | persons with disabilities and their personal assistants, and |
| |||||||
| |||||||
1 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
2 | purposes of this Article, neither a casual acquaintanceship nor | ||||||
3 | ordinary fraternization between 2 individuals in business or | ||||||
4 | social contexts shall be deemed to constitute a dating | ||||||
5 | relationship. | ||||||
6 | "In the presence of a child" means in the physical presence | ||||||
7 | of a child or knowing or having reason to know that a child is | ||||||
8 | present and may see or hear an act constituting an offense. | ||||||
9 | "Park district employee" means a supervisor, director, | ||||||
10 | instructor, or other person employed by a park district. | ||||||
11 | "Physically handicapped person" means a person who suffers | ||||||
12 | from a permanent and disabling physical characteristic, | ||||||
13 | resulting from disease, injury, functional disorder, or | ||||||
14 | congenital condition. | ||||||
15 | "Private security officer" means a registered employee of a | ||||||
16 | private security contractor agency under the Private | ||||||
17 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
18 | Vendor, and Locksmith Act of 2004. | ||||||
19 | "Sports official" means a person at an athletic contest who | ||||||
20 | enforces the rules of the contest, such as an umpire or | ||||||
21 | referee. | ||||||
22 | "Sports venue" means a publicly or privately owned sports | ||||||
23 | or entertainment arena, stadium, community or convention hall, | ||||||
24 | special event center, or amusement facility, or a special event | ||||||
25 | center in a public park, during the 12 hours before or after | ||||||
26 | the sanctioned sporting event. |
| |||||||
| |||||||
1 | "Streetgang", "streetgang member", and "criminal street | ||||||
2 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
3 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
4 | "Transit employee" means a driver, operator, or employee of | ||||||
5 | any transportation facility or system engaged in the business | ||||||
6 | of transporting the public for hire. | ||||||
7 | "Transit passenger" means a passenger of any | ||||||
8 | transportation facility or system engaged in the business of | ||||||
9 | transporting the public for hire, including a passenger using | ||||||
10 | any area designated by a transportation facility or system as a | ||||||
11 | vehicle boarding, departure, or transfer location. | ||||||
12 | "Utility worker" means any of the following: | ||||||
13 | (1) A person employed by a public utility as defined in | ||||||
14 | Section 3-105 of the Public Utilities Act. | ||||||
15 | (2) An employee of a municipally owned utility. | ||||||
16 | (3) An employee of a cable television company. | ||||||
17 | (4) An employee of an electric cooperative as defined | ||||||
18 | in Section 3-119 of the Public Utilities Act. | ||||||
19 | (5) An independent contractor or an employee of an | ||||||
20 | independent contractor working on behalf of a cable | ||||||
21 | television company, public utility, municipally owned | ||||||
22 | utility, or electric cooperative. | ||||||
23 | (6) An employee of a telecommunications carrier as | ||||||
24 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
25 | an independent contractor or an employee of an independent | ||||||
26 | contractor working on behalf of a telecommunications |
| |||||||
| |||||||
1 | carrier. | ||||||
2 | (7) An employee of a telephone or telecommunications | ||||||
3 | cooperative as defined in Section 13-212 of the Public | ||||||
4 | Utilities Act, or an independent contractor or an employee | ||||||
5 | of an independent contractor working on behalf of a | ||||||
6 | telephone or telecommunications cooperative. | ||||||
7 | (720 ILCS 5/Art. 12, Subdiv. 5 heading new) | ||||||
8 | SUBDIVISION 5. ASSAULT AND BATTERY
| ||||||
9 | (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
| ||||||
10 | Sec. 12-1. Assault.
| ||||||
11 | (a) A person commits an assault when, without lawful | ||||||
12 | authority, he
or she knowingly engages in conduct which places | ||||||
13 | another in reasonable apprehension of
receiving a battery.
| ||||||
14 | (b) Sentence. Assault is a Class C misdemeanor.
| ||||||
15 | (c) In addition to any other sentence that may be imposed, | ||||||
16 | a court shall
order any person convicted of assault to perform | ||||||
17 | community service for not less
than 30 and not more than 120 | ||||||
18 | hours, if community service is available in the
jurisdiction | ||||||
19 | and is funded and approved by the county board of the county | ||||||
20 | where
the offense was committed. In addition, whenever any | ||||||
21 | person is placed on
supervision for an alleged offense under | ||||||
22 | this Section, the supervision shall be
conditioned upon the | ||||||
23 | performance of the community service.
| ||||||
24 | This subsection does not apply when the court imposes a |
| |||||||
| |||||||
1 | sentence of
incarceration.
| ||||||
2 | (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
| ||||||
3 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
4 | Sec. 12-2. Aggravated assault.
| ||||||
5 | (a) Offense based on location of conduct. A person commits | ||||||
6 | aggravated assault when he or she commits an assault against an | ||||||
7 | individual who is on or about a public way, public property, a | ||||||
8 | public place of accommodation or amusement, or a sports venue. | ||||||
9 | (b) Offense based on status of victim. A person commits | ||||||
10 | aggravated assault when, in committing an assault, he or she | ||||||
11 | knows the individual assaulted to be any of the following: | ||||||
12 | (1) A physically handicapped person or a person 60 | ||||||
13 | years of age or older and the assault is without legal | ||||||
14 | justification. | ||||||
15 | (2) A teacher or school employee upon school grounds or | ||||||
16 | grounds adjacent to a school or in any part of a building | ||||||
17 | used for school purposes. | ||||||
18 | (3) A park district employee upon park grounds or | ||||||
19 | grounds adjacent to a park or in any part of a building | ||||||
20 | used for park purposes. | ||||||
21 | (4) A peace officer, community policing volunteer, | ||||||
22 | fireman, private security officer, emergency management | ||||||
23 | worker, emergency medical technician, or utility worker: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) assaulted to prevent performance of his or her |
| |||||||
| |||||||
1 | official duties; or | ||||||
2 | (iii) assaulted in retaliation for performing his | ||||||
3 | or her official duties. | ||||||
4 | (5) A correctional officer: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) assaulted to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) assaulted in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (6) A correctional institution employee or Department | ||||||
11 | of Human Services employee supervising or controlling | ||||||
12 | sexually dangerous persons or sexually violent persons: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) assaulted to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) assaulted in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (7) An employee of the State of Illinois, a municipal | ||||||
19 | corporation therein, or a political subdivision thereof, | ||||||
20 | performing his or her official duties. | ||||||
21 | (8) A transit employee performing his or her official | ||||||
22 | duties, or a transit passenger. | ||||||
23 | (9) A sports official or coach actively participating | ||||||
24 | in any level of athletic competition within a sports venue, | ||||||
25 | on an indoor playing field or outdoor playing field, or | ||||||
26 | within the immediate vicinity of such a facility or field. |
| |||||||
| |||||||
1 | (c) Offense based on use of firearm or device. A person | ||||||
2 | commits aggravated assault when, in committing an assault, he | ||||||
3 | or she does any of the following: | ||||||
4 | (1) Uses a deadly weapon or any device manufactured and | ||||||
5 | designed to be substantially similar in appearance to a | ||||||
6 | firearm, other than by discharging a firearm. | ||||||
7 | (2) Discharges a firearm, other than from a motor | ||||||
8 | vehicle. | ||||||
9 | (3) Discharges a firearm from a motor vehicle. | ||||||
10 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
11 | identity. | ||||||
12 | (5) Knowingly and without lawful justification shines | ||||||
13 | or flashes a laser gun sight or other laser device attached | ||||||
14 | to a firearm, or used in concert with a firearm, so that | ||||||
15 | the laser beam strikes near or in the immediate vicinity of | ||||||
16 | any person. | ||||||
17 | (6) Uses a firearm, other than by discharging the | ||||||
18 | firearm, against a peace officer, community policing | ||||||
19 | volunteer, fireman, private security officer, emergency | ||||||
20 | management worker, emergency medical technician, employee | ||||||
21 | of a police department, employee of a sheriff's department, | ||||||
22 | or traffic control municipal employee: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) assaulted to prevent performance of his or her | ||||||
25 | official duties; or | ||||||
26 | (iii) assaulted in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
3 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
4 | (c)(1), or (c)(4) is a Class A misdemeanor. Aggravated assault | ||||||
5 | as defined in subdivision (b)(5), (b)(6), (c)(2), (c)(5), or | ||||||
6 | (c)(6) is a Class 4 felony. Aggravated assault as defined in | ||||||
7 | subdivision (c)(3) is a Class 3 felony. | ||||||
8 | (a) A person commits an aggravated assault, when, in | ||||||
9 | committing an
assault, he:
| ||||||
10 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
11 | the Air Rifle Act, or any device manufactured and designed | ||||||
12 | to be
substantially similar in appearance to a firearm, | ||||||
13 | other than by
discharging a firearm in the direction of | ||||||
14 | another person, a peace
officer, a person summoned or | ||||||
15 | directed by a peace officer, a correctional
officer, a | ||||||
16 | private security officer, or a fireman or in the direction | ||||||
17 | of a vehicle occupied by another
person, a peace officer, a | ||||||
18 | person summoned or directed by a peace officer,
a | ||||||
19 | correctional officer, a private security officer, or a | ||||||
20 | fireman while the officer or fireman is
engaged in the | ||||||
21 | execution of any of his official duties, or to prevent the
| ||||||
22 | officer or fireman from performing his official duties, or | ||||||
23 | in retaliation
for the officer or fireman performing his | ||||||
24 | official duties;
| ||||||
25 | (2) Is hooded, robed or masked in such manner as to | ||||||
26 | conceal his
identity or any device manufactured and |
| |||||||
| |||||||
1 | designed to be substantially
similar in appearance to a | ||||||
2 | firearm;
| ||||||
3 | (3) Knows the individual assaulted to be a teacher or | ||||||
4 | other person
employed in any school and such teacher or | ||||||
5 | other employee is upon the
grounds of a school or grounds | ||||||
6 | adjacent thereto, or is in any part of a
building used for | ||||||
7 | school purposes;
| ||||||
8 | (4) Knows the individual assaulted to be a supervisor, | ||||||
9 | director,
instructor or other person employed in any park | ||||||
10 | district and such
supervisor, director, instructor or | ||||||
11 | other employee is upon the grounds of
the park or grounds | ||||||
12 | adjacent thereto, or is in any part of a building used
for | ||||||
13 | park purposes;
| ||||||
14 | (5) Knows the individual assaulted to be a caseworker, | ||||||
15 | investigator, or
other person employed by the Department of | ||||||
16 | Healthcare and Family Services (formerly State Department | ||||||
17 | of Public Aid), a
County
Department of Public Aid, or the | ||||||
18 | Department of Human Services (acting as
successor to the | ||||||
19 | Illinois Department of Public Aid under the Department of
| ||||||
20 | Human Services Act) and such caseworker, investigator, or | ||||||
21 | other person
is upon the grounds of a public aid office or | ||||||
22 | grounds adjacent thereto, or
is in any part of a building | ||||||
23 | used for public aid purposes, or upon the
grounds of a home | ||||||
24 | of a public aid applicant, recipient or any other person
| ||||||
25 | being interviewed or investigated in the employees' | ||||||
26 | discharge of his
duties, or on grounds adjacent thereto, or |
| |||||||
| |||||||
1 | is in any part of a building in
which the applicant, | ||||||
2 | recipient, or other such person resides or is located;
| ||||||
3 | (6) Knows the individual assaulted to be a peace | ||||||
4 | officer, a community
policing volunteer, a private | ||||||
5 | security officer, or a fireman
while the officer or fireman | ||||||
6 | is engaged in the execution of any of his
official duties, | ||||||
7 | or to prevent the officer, community policing volunteer,
or | ||||||
8 | fireman from performing
his official duties, or in | ||||||
9 | retaliation for the officer, community policing
volunteer, | ||||||
10 | or fireman
performing his official duties, and the assault | ||||||
11 | is committed other than by
the discharge of a firearm in | ||||||
12 | the direction of the officer or fireman or
in the direction | ||||||
13 | of a vehicle occupied by the officer or fireman;
| ||||||
14 | (7) Knows the individual assaulted to be
an emergency | ||||||
15 | medical technician - ambulance, emergency medical
| ||||||
16 | technician - intermediate, emergency medical technician - | ||||||
17 | paramedic, ambulance
driver or other medical
assistance or | ||||||
18 | first aid personnel engaged in the
execution of any of his | ||||||
19 | official duties, or to prevent the
emergency medical | ||||||
20 | technician - ambulance, emergency medical
technician - | ||||||
21 | intermediate, emergency medical technician - paramedic,
| ||||||
22 | ambulance driver, or other medical assistance or first aid | ||||||
23 | personnel from
performing his official duties, or in | ||||||
24 | retaliation for the
emergency medical technician - | ||||||
25 | ambulance, emergency medical
technician - intermediate, | ||||||
26 | emergency medical technician - paramedic,
ambulance |
| |||||||
| |||||||
1 | driver, or other medical assistance or first aid personnel
| ||||||
2 | performing his official duties;
| ||||||
3 | (8) Knows the individual assaulted to be the driver, | ||||||
4 | operator, employee
or passenger of any transportation | ||||||
5 | facility or system engaged in the
business of | ||||||
6 | transportation of the public for hire and the individual
| ||||||
7 | assaulted is then performing in such capacity or then using | ||||||
8 | such public
transportation as a passenger or using any area | ||||||
9 | of any description
designated by the transportation | ||||||
10 | facility or system as a vehicle boarding,
departure, or | ||||||
11 | transfer location;
| ||||||
12 | (9) Or the individual assaulted is on or about a public | ||||||
13 | way, public
property, or public place of accommodation or | ||||||
14 | amusement;
| ||||||
15 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
16 | publicly or privately owned sports or entertainment arena, | ||||||
17 | stadium, community or convention hall, special event | ||||||
18 | center, amusement facility, or a special event center in a | ||||||
19 | public park during any 24-hour period when a professional | ||||||
20 | sporting event, National Collegiate Athletic Association | ||||||
21 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
22 | Committee-sanctioned sporting event, or International | ||||||
23 | Olympic Committee-sanctioned sporting event is taking | ||||||
24 | place in this venue;
| ||||||
25 | (10) Knows the individual assaulted to be an employee | ||||||
26 | of the State of
Illinois, a municipal corporation therein |
| |||||||
| |||||||
1 | or a political subdivision
thereof, engaged in the | ||||||
2 | performance of his authorized duties as such
employee;
| ||||||
3 | (11) Knowingly and without legal justification, | ||||||
4 | commits an assault on
a physically handicapped person;
| ||||||
5 | (12) Knowingly and without legal justification, | ||||||
6 | commits an assault on a
person 60 years of age or older;
| ||||||
7 | (13) Discharges a firearm, other than from a motor | ||||||
8 | vehicle;
| ||||||
9 | (13.5) Discharges a firearm from a motor vehicle;
| ||||||
10 | (14) Knows the individual assaulted to be a | ||||||
11 | correctional officer, while
the officer is engaged in the | ||||||
12 | execution of any of his or her official duties,
or to | ||||||
13 | prevent the officer from performing his or her official | ||||||
14 | duties, or in
retaliation for the officer performing his or | ||||||
15 | her official duties;
| ||||||
16 | (15) Knows the individual assaulted to be a | ||||||
17 | correctional employee or
an employee of the Department of | ||||||
18 | Human Services supervising or controlling
sexually | ||||||
19 | dangerous persons or sexually violent persons, while
the | ||||||
20 | employee is engaged in the execution of any of his or her | ||||||
21 | official duties,
or to prevent the employee from performing | ||||||
22 | his or her official duties, or in
retaliation for the | ||||||
23 | employee performing his or her official duties, and the
| ||||||
24 | assault is committed other than by the discharge of a | ||||||
25 | firearm in the direction
of the employee or in the | ||||||
26 | direction of a vehicle occupied by the employee;
|
| |||||||
| |||||||
1 | (16) Knows the individual assaulted to be an employee | ||||||
2 | of a police or
sheriff's department, or a person who is | ||||||
3 | employed by a municipality and whose duties include traffic | ||||||
4 | control, engaged in the performance of his or her official | ||||||
5 | duties
as such employee;
| ||||||
6 | (17) Knows the individual assaulted to be a sports | ||||||
7 | official or coach at any level of competition and the act | ||||||
8 | causing the assault to the sports official or coach | ||||||
9 | occurred within an athletic facility or an indoor or | ||||||
10 | outdoor playing field or within the immediate vicinity of | ||||||
11 | the athletic facility or an indoor or outdoor playing field | ||||||
12 | at which the sports official or coach was an active | ||||||
13 | participant in the athletic contest held at the athletic | ||||||
14 | facility. For the purposes of this paragraph (17), "sports | ||||||
15 | official" means a person at an athletic contest who | ||||||
16 | enforces the rules of the contest, such as an umpire or | ||||||
17 | referee; and "coach" means a person recognized as a coach | ||||||
18 | by the sanctioning authority that conducted the athletic | ||||||
19 | contest;
| ||||||
20 | (18) Knows the individual assaulted to be an emergency | ||||||
21 | management
worker, while the emergency management worker | ||||||
22 | is engaged in the execution of
any of his or her official | ||||||
23 | duties,
or to prevent the emergency management worker from | ||||||
24 | performing his or her
official duties, or in retaliation | ||||||
25 | for the emergency management worker
performing his or her | ||||||
26 | official duties, and the assault is committed other than
by |
| |||||||
| |||||||
1 | the discharge of a firearm in the direction of the | ||||||
2 | emergency management
worker or in the direction of a | ||||||
3 | vehicle occupied by the emergency management
worker; or | ||||||
4 | (19) Knows the individual assaulted to be a utility | ||||||
5 | worker, while the utility worker is engaged in the | ||||||
6 | execution of his or her duties, or to prevent the utility | ||||||
7 | worker from performing his or her duties, or in retaliation | ||||||
8 | for the utility worker performing his or her duties. In | ||||||
9 | this paragraph (19), "utility worker" means a person | ||||||
10 | employed by a public utility as defined in Section 3-105 of | ||||||
11 | the Public Utilities Act and also includes an employee of a | ||||||
12 | municipally owned utility, an employee of a cable | ||||||
13 | television company, an employee of an electric
cooperative | ||||||
14 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
15 | independent contractor or an employee of an independent
| ||||||
16 | contractor working on behalf of a cable television company, | ||||||
17 | public utility, municipally
owned utility, or an electric | ||||||
18 | cooperative, or an employee of a
telecommunications | ||||||
19 | carrier as defined in Section 13-202 of the
Public | ||||||
20 | Utilities Act, an independent contractor or an employee of
| ||||||
21 | an independent contractor working on behalf of a
| ||||||
22 | telecommunications carrier, or an employee of a telephone | ||||||
23 | or
telecommunications cooperative as defined in Section | ||||||
24 | 13-212 of
the Public Utilities Act, or an independent | ||||||
25 | contractor or an
employee of an independent contractor | ||||||
26 | working on behalf of a
telephone or telecommunications |
| |||||||
| |||||||
1 | cooperative. | ||||||
2 | (a-5) A person commits an aggravated assault when he or she | ||||||
3 | knowingly and
without lawful justification shines or flashes a | ||||||
4 | laser gunsight or other laser
device that is attached or | ||||||
5 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
6 | that the laser beam strikes near or in the immediate vicinity | ||||||
7 | of
any person.
| ||||||
8 | (b) Sentence.
| ||||||
9 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
10 | and (8) through
(12) and (17) and (19) of subsection (a) of | ||||||
11 | this Section is a Class A misdemeanor. Aggravated
assault as | ||||||
12 | defined in paragraphs (13), (14), and (15) of subsection (a) of | ||||||
13 | this
Section and as defined in subsection (a-5) of this Section | ||||||
14 | is a Class 4
felony. Aggravated assault as defined in | ||||||
15 | paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | ||||||
16 | Section is a Class A misdemeanor if a firearm is not
used in | ||||||
17 | the commission of the assault. Aggravated assault as defined in
| ||||||
18 | paragraphs (6), (7), (16), and (18) of subsection (a) of this
| ||||||
19 | Section is a Class 4 felony if a firearm is used in the | ||||||
20 | commission of the
assault. Aggravated assault as defined in | ||||||
21 | paragraph (13.5) of subsection (a) is a Class 3 felony.
| ||||||
22 | (c) For the purposes of paragraphs (1) and (6) of | ||||||
23 | subsection (a), "private security officer" means a registered | ||||||
24 | employee of a private security contractor agency under the | ||||||
25 | Private Detective, Private Alarm, Private Security, | ||||||
26 | Fingerprint Vendor, and Locksmith Act of 2004. |
| |||||||
| |||||||
1 | (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | ||||||
2 | 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | ||||||
3 | 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised | ||||||
4 | 11-4-09.)
| ||||||
5 | (720 ILCS 5/12-3) (from Ch. 38, par. 12-3)
| ||||||
6 | Sec. 12-3. Battery.
| ||||||
7 | (a) A person commits battery if he or she intentionally or | ||||||
8 | knowingly without
legal justification and by any means , (1) | ||||||
9 | causes bodily harm to an
individual or (2) makes physical | ||||||
10 | contact of an insulting or provoking
nature with an individual.
| ||||||
11 | (b) Sentence.
| ||||||
12 | Battery is a Class A misdemeanor.
| ||||||
13 | (Source: P.A. 77-2638.)
| ||||||
14 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
15 | Sec. 12-3.05 12-4 . Aggravated battery Battery .
| ||||||
16 | (a) Offense based on injury. A person commits aggravated | ||||||
17 | battery when, in committing a battery, other than by the | ||||||
18 | discharge of a firearm, he or she knowingly does any of the | ||||||
19 | following: | ||||||
20 | (1) Causes great bodily harm or permanent disability or | ||||||
21 | disfigurement. | ||||||
22 | (2) Causes severe and permanent disability, great | ||||||
23 | bodily harm, or disfigurement by means of a caustic or | ||||||
24 | flammable substance, a poisonous gas, a deadly biological |
| |||||||
| |||||||
1 | or chemical contaminant or agent, a radioactive substance, | ||||||
2 | or a bomb or explosive compound. | ||||||
3 | (3) Causes great bodily harm or permanent disability or | ||||||
4 | disfigurement to an individual whom the person knows to be | ||||||
5 | a peace officer, community policing volunteer, fireman, | ||||||
6 | private security officer, correctional institution | ||||||
7 | employee, or Department of Human Services employee | ||||||
8 | supervising or controlling sexually dangerous persons or | ||||||
9 | sexually violent persons: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) battered to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) battered in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (4) Causes great bodily harm or permanent disability or | ||||||
16 | disfigurement to an individual 60 years of age or older. | ||||||
17 | (b) Offense based on injury to a child or mentally retarded | ||||||
18 | person. A person who is at least 18 years of age commits | ||||||
19 | aggravated battery when, in committing a battery, he or she | ||||||
20 | knowingly and without legal justification by any means: | ||||||
21 | (1) causes great bodily harm or permanent disability or | ||||||
22 | disfigurement to any child under the age of 13 years, or to | ||||||
23 | any severely or profoundly mentally retarded person; or | ||||||
24 | (2) causes bodily harm or disability or disfigurement | ||||||
25 | to any child under the age of 13 years or to any severely | ||||||
26 | or profoundly mentally retarded person. |
| |||||||
| |||||||
1 | (c) Offense based on location of conduct. A person commits | ||||||
2 | aggravated battery when, in committing a battery, other than by | ||||||
3 | the discharge of a firearm, he or she is or the person battered | ||||||
4 | is on or about a public way, public property, a public place of | ||||||
5 | accommodation or amusement, a sports venue, or a domestic | ||||||
6 | violence shelter. | ||||||
7 | (d) Offense based on status of victim. A person commits | ||||||
8 | aggravated battery when, in committing a battery, other than by | ||||||
9 | discharge of a firearm, he or she knows the individual battered | ||||||
10 | to be any of the following: | ||||||
11 | (1) A person 60 years of age or older. | ||||||
12 | (2) A person who is pregnant or physically handicapped. | ||||||
13 | (3) A teacher or school employee upon school grounds or | ||||||
14 | grounds adjacent to a school or in any part of a building | ||||||
15 | used for school purposes. | ||||||
16 | (4) A peace officer, community policing volunteer, | ||||||
17 | fireman, private security officer, correctional | ||||||
18 | institution employee, or Department of Human Services | ||||||
19 | employee supervising or controlling sexually dangerous | ||||||
20 | persons or sexually violent persons: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) battered to prevent performance of his or her | ||||||
23 | official duties; or | ||||||
24 | (iii) battered in retaliation for performing his | ||||||
25 | or her official duties. | ||||||
26 | (5) A judge, emergency management worker, emergency |
| |||||||
| |||||||
1 | medical technician, or utility worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) battered to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) battered in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (6) An officer or employee of the State of Illinois, a | ||||||
8 | unit of local government, or a school district, while | ||||||
9 | performing his or her official duties. | ||||||
10 | (7) A transit employee performing his or her official | ||||||
11 | duties, or a transit passenger. | ||||||
12 | (8) A taxi driver on duty. | ||||||
13 | (9) A merchant who detains the person for an alleged | ||||||
14 | commission of retail theft under Section 16A-5 of this Code | ||||||
15 | and the person without legal justification by any means | ||||||
16 | causes bodily harm to the merchant. | ||||||
17 | (e) Offense based on use of a firearm. A person commits | ||||||
18 | aggravated battery when, in committing a battery, he or she | ||||||
19 | knowingly does any of the following: | ||||||
20 | (1) Discharges a firearm, other than a machine gun or a | ||||||
21 | firearm equipped with a silencer, and causes any injury to | ||||||
22 | another person. | ||||||
23 | (2) Discharges a firearm, other than a machine gun or a | ||||||
24 | firearm equipped with a silencer, and causes any injury to | ||||||
25 | a person he or she knows to be a peace officer, community | ||||||
26 | policing volunteer, person summoned by a police officer, |
| |||||||
| |||||||
1 | fireman, private security officer, correctional | ||||||
2 | institution employee, or emergency management worker: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) battered to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) battered in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (3) Discharges a firearm, other than a machine gun or a | ||||||
9 | firearm equipped with a silencer, and causes any injury to | ||||||
10 | a person he or she knows to be an emergency medical | ||||||
11 | technician employed by a municipality or other | ||||||
12 | governmental unit: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) battered to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) battered in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (4) Discharges a firearm and causes any injury to a | ||||||
19 | person he or she knows to be a teacher or school employee | ||||||
20 | upon school grounds or grounds adjacent to a school or in | ||||||
21 | any part of a building used for school purposes. | ||||||
22 | (5) Discharges a machine gun or a firearm equipped with | ||||||
23 | a silencer, and causes any injury to another person. | ||||||
24 | (6) Discharges a machine gun or a firearm equipped with | ||||||
25 | a silencer, and causes any injury to a person he or she | ||||||
26 | knows to be a peace officer, community policing volunteer, |
| |||||||
| |||||||
1 | person summoned by a police officer, fireman, private | ||||||
2 | security officer, correctional institution employee or | ||||||
3 | emergency management worker: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) battered to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) battered in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (7) Discharges a machine gun or a firearm equipped with | ||||||
10 | a silencer, and causes any injury to a person he or she | ||||||
11 | knows to be an emergency medical technician employed by a | ||||||
12 | municipality or other governmental unit: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) battered to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) battered in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (8) Discharges a machine gun or a firearm equipped with | ||||||
19 | a silencer, and causes any injury to a person he or she | ||||||
20 | knows to be a teacher or school employee upon school | ||||||
21 | grounds or grounds adjacent to a school or in any part of a | ||||||
22 | building used for school purposes. | ||||||
23 | (f) Offense based on use of a weapon or device. A person | ||||||
24 | commits aggravated battery when, in committing a battery, he or | ||||||
25 | she does any of the following: | ||||||
26 | (1) Uses a deadly weapon other than by discharge of a |
| |||||||
| |||||||
1 | firearm. | ||||||
2 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
3 | identity. | ||||||
4 | (3) Knowingly and without lawful justification shines | ||||||
5 | or flashes a laser gunsight or other laser device attached | ||||||
6 | to a firearm, or used in concert with a firearm, so that | ||||||
7 | the laser beam strikes upon or against the person of | ||||||
8 | another. | ||||||
9 | (g) Offense based on certain conduct. A person commits | ||||||
10 | aggravated battery when, other than by discharge of a firearm, | ||||||
11 | he or she does any of the following: | ||||||
12 | (1) Violates Section 401 of the Illinois Controlled | ||||||
13 | Substances Act by unlawfully delivering a controlled | ||||||
14 | substance to another and any user experiences great bodily | ||||||
15 | harm or permanent disability as a result of the injection, | ||||||
16 | inhalation, or ingestion of any amount of the controlled | ||||||
17 | substance. | ||||||
18 | (2) Knowingly administers to an individual or causes | ||||||
19 | him or her to take, without his or her consent or by threat | ||||||
20 | or deception, and for other than medical purposes, any | ||||||
21 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
22 | or controlled substance, or gives to another person any | ||||||
23 | food containing any substance or object intended to cause | ||||||
24 | physical injury if eaten. | ||||||
25 | (3) Knowingly causes or attempts to cause a | ||||||
26 | correctional institution employee or Department of Human |
| |||||||
| |||||||
1 | Services employee to come into contact with blood, seminal | ||||||
2 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
3 | the fluid or material, and the person is an inmate of a | ||||||
4 | penal institution or is a sexually dangerous person or | ||||||
5 | sexually violent person in the custody of the Department of | ||||||
6 | Human Services. | ||||||
7 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
8 | battery is a Class 3 felony. | ||||||
9 | Aggravated battery as defined in subdivision (a)(4), | ||||||
10 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
11 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
12 | (g)(1) is a Class 1 felony. | ||||||
13 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
14 | Class X felony. | ||||||
15 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
16 | Class X felony for which a person shall be sentenced to a term | ||||||
17 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
18 | years. | ||||||
19 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
20 | Class X felony for which a person shall be sentenced to a term | ||||||
21 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
22 | years. | ||||||
23 | Aggravated battery as defined in subdivision (e)(2), | ||||||
24 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
25 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
26 | and a maximum of 60 years. |
| |||||||
| |||||||
1 | Aggravated battery as defined in subdivision (e)(6), | ||||||
2 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
3 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
4 | and a maximum of 60 years. | ||||||
5 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
6 | Class X felony, except that: | ||||||
7 | (1) if the person committed the offense while armed | ||||||
8 | with a firearm, 15 years shall be added to the term of | ||||||
9 | imprisonment imposed by the court; | ||||||
10 | (2) if, during the commission of the offense, the | ||||||
11 | person personally discharged a firearm, 20 years shall be | ||||||
12 | added to the term of imprisonment imposed by the court; | ||||||
13 | (3) if, during the commission of the offense, the | ||||||
14 | person personally discharged a firearm that proximately | ||||||
15 | caused great bodily harm, permanent disability, permanent | ||||||
16 | disfigurement, or death to another person, 25 years or up | ||||||
17 | to a term of natural life shall be added to the term of | ||||||
18 | imprisonment imposed by the court. | ||||||
19 | (i) Definitions. For the purposes of this Section: | ||||||
20 | "Building or other structure used to provide shelter" has | ||||||
21 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
22 | Violence Shelters Act. | ||||||
23 | "Domestic violence shelter" means any building or other | ||||||
24 | structure used to provide shelter or other services to victims | ||||||
25 | or to the dependent children of victims of domestic violence | ||||||
26 | pursuant to the Illinois Domestic Violence Act of 1986 or the |
| |||||||
| |||||||
1 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
2 | such a building or other structure in the case of a person who | ||||||
3 | is going to or from such a building or other structure. | ||||||
4 | "Domestic violence" has the meaning ascribed to it in | ||||||
5 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
6 | "Machine gun" has the meaning ascribed to it in Section | ||||||
7 | 24-1 of this Code. | ||||||
8 | "Merchant" has the meaning ascribed to it in Section | ||||||
9 | 16A-2.4 of this Code. | ||||||
10 | (a) A person who, in committing a battery, intentionally or | ||||||
11 | knowingly
causes great bodily harm, or permanent disability or | ||||||
12 | disfigurement commits
aggravated battery.
| ||||||
13 | (b) In committing a battery, a person commits aggravated | ||||||
14 | battery if he or
she:
| ||||||
15 | (1) Uses a deadly weapon other than by the discharge of | ||||||
16 | a firearm;
| ||||||
17 | (2) Is hooded, robed or masked, in such manner as to | ||||||
18 | conceal his
identity;
| ||||||
19 | (3) Knows the individual harmed to be a teacher or | ||||||
20 | other person
employed in any school and such teacher or | ||||||
21 | other employee is upon the
grounds of a school or grounds | ||||||
22 | adjacent thereto, or is in any part of a
building used for | ||||||
23 | school purposes;
| ||||||
24 | (4) (Blank);
| ||||||
25 | (5) (Blank);
| ||||||
26 | (6) Knows the individual harmed to be a community
|
| |||||||
| |||||||
1 | policing volunteer while
such volunteer is engaged in the | ||||||
2 | execution of
any official duties, or to prevent the | ||||||
3 | volunteer from performing official duties, or in
| ||||||
4 | retaliation for the volunteer performing official
duties, | ||||||
5 | and the battery is committed other than by the discharge of | ||||||
6 | a firearm;
| ||||||
7 | (7) Knows the individual harmed to be an emergency | ||||||
8 | medical technician -
ambulance, emergency medical | ||||||
9 | technician - intermediate, emergency medical
technician - | ||||||
10 | paramedic, ambulance driver, other medical assistance, | ||||||
11 | first
aid personnel, or hospital personnel engaged in the
| ||||||
12 | performance of any of his or her official duties,
or to | ||||||
13 | prevent the emergency medical technician - ambulance, | ||||||
14 | emergency medical
technician - intermediate, emergency | ||||||
15 | medical technician - paramedic, ambulance
driver, other | ||||||
16 | medical assistance, first aid personnel, or
hospital | ||||||
17 | personnel from performing
official duties, or in | ||||||
18 | retaliation for performing official duties;
| ||||||
19 | (8) Is, or the person battered is, on or about a public | ||||||
20 | way, public
property or public place of accommodation or | ||||||
21 | amusement;
| ||||||
22 | (8.5) Is, or the person battered is, on a publicly or | ||||||
23 | privately owned sports or entertainment arena, stadium, | ||||||
24 | community or convention hall, special event center, | ||||||
25 | amusement facility, or a special event center in a public | ||||||
26 | park during any 24-hour period when a professional sporting |
| |||||||
| |||||||
1 | event, National Collegiate Athletic Association | ||||||
2 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
3 | Committee-sanctioned sporting event, or International | ||||||
4 | Olympic Committee-sanctioned sporting event is taking | ||||||
5 | place in this venue;
| ||||||
6 | (9) Knows the individual harmed to be the driver, | ||||||
7 | operator, employee
or passenger of any transportation | ||||||
8 | facility or system engaged in the
business of | ||||||
9 | transportation of the public for hire and the individual
| ||||||
10 | assaulted is then performing in such capacity or then using | ||||||
11 | such public
transportation as a passenger or using any area | ||||||
12 | of any description
designated by the transportation | ||||||
13 | facility or system as a vehicle
boarding, departure, or | ||||||
14 | transfer location;
| ||||||
15 | (10) Knows the individual harmed to be an individual of | ||||||
16 | 60 years of age or older;
| ||||||
17 | (11) Knows the individual harmed is pregnant;
| ||||||
18 | (12) Knows the individual harmed to be a judge whom the
| ||||||
19 | person intended to harm as a result of the judge's | ||||||
20 | performance of his or
her official duties as a judge;
| ||||||
21 | (13) (Blank);
| ||||||
22 | (14) Knows the individual harmed to be a person who is | ||||||
23 | physically
handicapped;
| ||||||
24 | (15) Knowingly and without legal justification and by | ||||||
25 | any means causes
bodily harm to a merchant who detains the | ||||||
26 | person for an alleged commission of
retail theft under |
| |||||||
| |||||||
1 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
2 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
3 | Code;
| ||||||
4 | (16) Is, or the person battered is, in any building or | ||||||
5 | other structure
used to provide shelter or other services | ||||||
6 | to victims or to the dependent
children of victims of | ||||||
7 | domestic violence pursuant to the Illinois Domestic
| ||||||
8 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
9 | or the person
battered is within 500 feet of such a | ||||||
10 | building or other structure while going
to or from such a | ||||||
11 | building or other structure. "Domestic violence" has the
| ||||||
12 | meaning ascribed to it in Section 103 of the Illinois | ||||||
13 | Domestic Violence Act of
1986. "Building or other structure | ||||||
14 | used to provide shelter" has the meaning
ascribed to | ||||||
15 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
16 | Act;
| ||||||
17 | (17) (Blank);
| ||||||
18 | (18) Knows the individual harmed to be an officer or | ||||||
19 | employee of the State of Illinois, a unit of local | ||||||
20 | government, or school district engaged in the performance | ||||||
21 | of his or her authorized duties as such officer or | ||||||
22 | employee; | ||||||
23 | (19) Knows the individual harmed to be an emergency | ||||||
24 | management worker
engaged in the performance of any of his | ||||||
25 | or her official duties, or to prevent
the emergency | ||||||
26 | management worker from performing official duties, or in
|
| |||||||
| |||||||
1 | retaliation for the emergency management worker performing | ||||||
2 | official duties; | ||||||
3 | (20) Knows the individual harmed to be a private | ||||||
4 | security officer engaged in the performance of any of his | ||||||
5 | or her official duties, or to prevent
the private security | ||||||
6 | officer from performing official duties, or in
retaliation | ||||||
7 | for the private security officer performing official | ||||||
8 | duties; or | ||||||
9 | (21)
Knows the individual harmed to be a taxi driver | ||||||
10 | and the battery is committed while the taxi driver is on | ||||||
11 | duty; or | ||||||
12 | (22)
Knows the individual harmed to be a utility | ||||||
13 | worker, while the utility worker is engaged in the | ||||||
14 | execution of his or her duties, or to prevent the utility | ||||||
15 | worker from performing his or her duties, or in retaliation | ||||||
16 | for the utility worker performing his or her duties. In | ||||||
17 | this paragraph (22), "utility worker" means a person | ||||||
18 | employed by a public utility as defined in Section 3-105 of | ||||||
19 | the Public Utilities Act and also includes an employee of a | ||||||
20 | municipally owned utility, an employee of a cable | ||||||
21 | television company, an employee of an electric
cooperative | ||||||
22 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
23 | independent contractor or an employee of an independent
| ||||||
24 | contractor working on behalf of a cable television company, | ||||||
25 | public utility, municipally
owned utility, or an electric | ||||||
26 | cooperative, or an employee of a
telecommunications |
| |||||||
| |||||||
1 | carrier as defined in Section 13-202 of the
Public | ||||||
2 | Utilities Act, an independent contractor or an employee of
| ||||||
3 | an independent contractor working on behalf of a
| ||||||
4 | telecommunications carrier, or an employee of a telephone | ||||||
5 | or
telecommunications cooperative as defined in Section | ||||||
6 | 13-212 of
the Public Utilities Act, or an independent | ||||||
7 | contractor or an
employee of an independent contractor | ||||||
8 | working on behalf of a
telephone or telecommunications | ||||||
9 | cooperative.
| ||||||
10 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
11 | Section, a
physically handicapped person is a person who | ||||||
12 | suffers from a permanent and
disabling physical | ||||||
13 | characteristic, resulting from disease, injury,
functional | ||||||
14 | disorder or congenital condition.
| ||||||
15 | For the purpose of paragraph (20) of subsection (b) and | ||||||
16 | subsection (e) of this Section, "private security officer" | ||||||
17 | means a registered employee of a private security contractor | ||||||
18 | agency under the Private Detective, Private Alarm, Private | ||||||
19 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
20 | (c) A person who administers to an individual or causes him | ||||||
21 | to take,
without his consent or by threat or deception, and for | ||||||
22 | other than
medical purposes, any intoxicating, poisonous, | ||||||
23 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
24 | commits aggravated battery.
| ||||||
25 | (d) A person who knowingly gives to another person any food | ||||||
26 | that
contains any substance or object that is intended to cause |
| |||||||
| |||||||
1 | physical
injury if eaten, commits aggravated battery.
| ||||||
2 | (d-3) A person commits aggravated battery when he or she | ||||||
3 | knowingly and
without lawful justification shines or flashes a | ||||||
4 | laser gunsight or other laser
device that is attached or | ||||||
5 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
6 | that the laser beam strikes upon or against the person of | ||||||
7 | another.
| ||||||
8 | (d-5) An inmate of a penal institution or a sexually | ||||||
9 | dangerous person or a
sexually violent person in the custody of | ||||||
10 | the Department of Human Services
who causes or attempts to | ||||||
11 | cause a
correctional employee of the penal institution or an | ||||||
12 | employee of the
Department of Human Services to come into | ||||||
13 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
14 | throwing, tossing, or expelling that fluid
or material commits | ||||||
15 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
16 | "correctional employee" means a person who is employed by a | ||||||
17 | penal institution.
| ||||||
18 | (e) Sentence.
| ||||||
19 | (1) Except as otherwise provided in paragraphs (2), | ||||||
20 | (3), and (4) aggravated battery is a Class 3 felony. | ||||||
21 | (2) Aggravated battery that does not cause great bodily | ||||||
22 | harm or permanent disability or disfigurement is a Class 2 | ||||||
23 | felony when the person knows
the individual harmed to be a | ||||||
24 | peace officer, a community
policing volunteer, a private | ||||||
25 | security officer, a correctional institution employee, an
| ||||||
26 | employee of the Department of Human Services supervising or
|
| |||||||
| |||||||
1 | controlling sexually dangerous persons or sexually violent
| ||||||
2 | persons, or a fireman while such officer, volunteer, | ||||||
3 | employee,
or fireman is engaged in the execution of any | ||||||
4 | official duties
including arrest or attempted arrest, or to | ||||||
5 | prevent the
officer, volunteer, employee, or fireman from | ||||||
6 | performing
official duties, or in retaliation for the | ||||||
7 | officer, volunteer,
employee, or fireman performing | ||||||
8 | official duties, and the
battery is committed other than by | ||||||
9 | the discharge of a firearm.
| ||||||
10 | (3) Aggravated battery that causes great bodily harm or | ||||||
11 | permanent disability or disfigurement in
violation of | ||||||
12 | subsection (a)
is a Class 1 felony when the person knows | ||||||
13 | the individual harmed to be a peace
officer, a community
| ||||||
14 | policing volunteer, a private security officer, a | ||||||
15 | correctional institution employee, an employee
of the | ||||||
16 | Department of Human Services supervising or controlling | ||||||
17 | sexually
dangerous persons or sexually violent persons, or | ||||||
18 | a fireman while
such officer, volunteer, employee, or | ||||||
19 | fireman is engaged in the execution of
any official duties | ||||||
20 | including arrest or attempted arrest, or to prevent the
| ||||||
21 | officer, volunteer, employee, or fireman from performing | ||||||
22 | official duties, or in
retaliation for the officer, | ||||||
23 | volunteer, employee, or fireman performing official
| ||||||
24 | duties, and the battery is committed other than by the | ||||||
25 | discharge of a firearm.
| ||||||
26 | (4) Aggravated battery under subsection (d-5) is a |
| |||||||
| |||||||
1 | Class 2 felony. | ||||||
2 | (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | ||||||
3 | eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; | ||||||
4 | 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
5 | 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. | ||||||
6 | 8-21-08.)
| ||||||
7 | (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
| ||||||
8 | Sec. 12-3.1. Battery of an unborn child; aggravated battery | ||||||
9 | of an unborn child Unborn Child . | ||||||
10 | (a) A person commits battery
of an unborn child if he or | ||||||
11 | she intentionally or knowingly without legal
justification and | ||||||
12 | by any means causes bodily harm to an unborn child.
| ||||||
13 | (a-5) A person commits aggravated battery of an unborn | ||||||
14 | child when, in committing a battery of an unborn child, he or | ||||||
15 | she knowingly causes great bodily harm or permanent disability | ||||||
16 | or disfigurement to an unborn child. | ||||||
17 | (b) For purposes of this Section, (1) "unborn child" shall | ||||||
18 | mean any
individual of the human species from fertilization | ||||||
19 | until birth, and (2)
"person" shall not include the pregnant | ||||||
20 | woman whose unborn child is harmed.
| ||||||
21 | (c) Sentence. Battery of an unborn child is a Class A | ||||||
22 | misdemeanor. Aggravated battery of an unborn child is a Class 2 | ||||||
23 | felony.
| ||||||
24 | (d) This Section shall not apply to acts which cause bodily | ||||||
25 | harm to an
unborn child if those acts were committed during any |
| |||||||
| |||||||
1 | abortion, as defined
in Section 2 of the Illinois Abortion Law | ||||||
2 | of 1975, as amended, to which the
pregnant woman has
consented. | ||||||
3 | This Section shall not apply to acts which were committed
| ||||||
4 | pursuant to usual and customary standards of medical practice | ||||||
5 | during
diagnostic testing or therapeutic treatment.
| ||||||
6 | (Source: P.A. 84-1414.)
| ||||||
7 | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
| ||||||
8 | Sec. 12-3.2. Domestic battery Battery .
| ||||||
9 | (a) A person commits domestic battery if he or she | ||||||
10 | intentionally or knowingly
without legal justification by any | ||||||
11 | means:
| ||||||
12 | (1) Causes bodily harm to any family or household | ||||||
13 | member as defined in
subsection (3) of Section 112A-3 of | ||||||
14 | the Code of Criminal Procedure of 1963, as
amended ;
| ||||||
15 | (2) Makes physical contact of an insulting or provoking | ||||||
16 | nature with any
family or household member as defined in | ||||||
17 | subsection (3) of Section 112A-3
of the Code of Criminal | ||||||
18 | Procedure of 1963, as amended .
| ||||||
19 | (b) Sentence. Domestic battery is a Class A misdemeanor.
| ||||||
20 | Domestic battery is a Class 4 felony if the defendant has any
| ||||||
21 | prior
conviction under this Code for domestic battery (Section | ||||||
22 | 12-3.2) or violation
of an order of protection (Section 12-3.4 | ||||||
23 | or 12-30), or any prior conviction under the
law of another | ||||||
24 | jurisdiction for an offense which is substantially similar.
| ||||||
25 | Domestic battery is a Class 4 felony
if the
defendant has any |
| |||||||
| |||||||
1 | prior conviction under this Code for first degree murder
| ||||||
2 | (Section 9-1), attempt to
commit first degree murder (Section | ||||||
3 | 8-4), aggravated domestic battery (Section
12-3.3), aggravated | ||||||
4 | battery
(Section 12-3.05 or 12-4), heinous battery (Section | ||||||
5 | 12-4.1), aggravated battery with a
firearm (Section 12-4.2), | ||||||
6 | aggravated battery with a machine gun or a firearm equipped | ||||||
7 | with a silencer (Section 12-4.2-5), aggravated battery of a | ||||||
8 | child (Section 12-4.3),
aggravated battery of
an unborn child | ||||||
9 | ( subsection (a-5) of Section 12-3.1, or Section 12-4.4), | ||||||
10 | aggravated battery of a senior citizen
(Section 12-4.6), | ||||||
11 | stalking (Section 12-7.3), aggravated stalking (Section
| ||||||
12 | 12-7.4), criminal sexual assault (Section 12-13), aggravated | ||||||
13 | criminal sexual
assault
(12-14), kidnapping (Section 10-1), | ||||||
14 | aggravated kidnapping (Section 10-2),
predatory criminal | ||||||
15 | sexual assault of a child (Section 12-14.1), aggravated
| ||||||
16 | criminal sexual abuse (Section 12-16), unlawful restraint | ||||||
17 | (Section 10-3),
aggravated unlawful restraint (Section | ||||||
18 | 10-3.1), aggravated arson (Section
20-1.1), or aggravated | ||||||
19 | discharge of a firearm
(Section 24-1.2), or any prior | ||||||
20 | conviction under the law of another
jurisdiction for any | ||||||
21 | offense that is substantially similar to the offenses
listed in | ||||||
22 | this Section, when any of these
offenses have been committed
| ||||||
23 | against a
family or household member as defined in Section
| ||||||
24 | 112A-3 of the Code of Criminal Procedure of 1963 . In addition | ||||||
25 | to any other
sentencing alternatives, for any second or | ||||||
26 | subsequent conviction of violating this
Section, the
offender |
| |||||||
| |||||||
1 | shall be mandatorily sentenced to a minimum of 72
consecutive | ||||||
2 | hours of
imprisonment. The imprisonment shall not be subject to | ||||||
3 | suspension, nor shall
the person be eligible for probation in | ||||||
4 | order to reduce the sentence.
| ||||||
5 | (c) Domestic battery committed in the presence of a child. | ||||||
6 | In addition to
any other sentencing alternatives, a defendant | ||||||
7 | who commits, in the presence of
a child, a felony domestic | ||||||
8 | battery (enhanced under subsection
(b)), aggravated domestic | ||||||
9 | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 | ||||||
10 | or 12-4), unlawful restraint (Section
10-3), or aggravated | ||||||
11 | unlawful restraint (Section 10-3.1) against a family or
| ||||||
12 | household member , as defined in Section 112A-3 of the Code of | ||||||
13 | Criminal
Procedure of 1963, shall be required to serve a | ||||||
14 | mandatory minimum imprisonment
of 10 days or perform 300 hours | ||||||
15 | of community service, or both. The defendant
shall further be | ||||||
16 | liable for the cost of any counseling required for the child
at | ||||||
17 | the discretion of the court in accordance
with subsection (b) | ||||||
18 | of Section 5-5-6 of the Unified Code of Corrections.
For | ||||||
19 | purposes of this Section, "child" means a person under 18
years | ||||||
20 | of age
who is the defendant's or victim's child or step-child | ||||||
21 | or who is a minor child
residing
within or visiting the | ||||||
22 | household of the defendant or victim. For purposes of this | ||||||
23 | Section,
"in the presence of a child" means in the physical | ||||||
24 | presence of a child or
knowing or having reason to know that a | ||||||
25 | child is present and may see or hear an
act constituting one of | ||||||
26 | the offenses listed in this subsection.
|
| |||||||
| |||||||
1 | (d) Upon conviction of domestic battery, the court shall | ||||||
2 | advise the defendant orally or in writing, substantially as | ||||||
3 | follows: "An individual convicted of domestic battery may be | ||||||
4 | subject to federal criminal penalties for possessing, | ||||||
5 | transporting, shipping, or receiving any firearm or ammunition | ||||||
6 | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | ||||||
7 | 922(g)(8) and (9))." A notation shall be made in the court file | ||||||
8 | that the admonition was given. | ||||||
9 | (Source: P.A. 96-287, eff. 8-11-09.)
| ||||||
10 | (720 ILCS 5/12-3.3)
| ||||||
11 | Sec. 12-3.3. Aggravated domestic battery.
| ||||||
12 | (a) A person who, in committing a domestic battery, | ||||||
13 | intentionally or
knowingly causes great bodily harm , or | ||||||
14 | permanent disability or disfigurement
commits aggravated | ||||||
15 | domestic battery.
| ||||||
16 | (a-5) A person who, in committing a domestic battery, | ||||||
17 | strangles another individual commits aggravated domestic | ||||||
18 | battery. For the purposes of this subsection (a-5), "strangle" | ||||||
19 | means intentionally impeding the normal breathing or | ||||||
20 | circulation of the blood of an individual by applying pressure | ||||||
21 | on the throat or neck of that individual or by blocking the | ||||||
22 | nose or mouth of that individual. | ||||||
23 | (b) Sentence. Aggravated domestic battery is a Class 2 | ||||||
24 | felony. Any order
of probation or conditional discharge entered | ||||||
25 | following a conviction for an
offense under this Section must |
| |||||||
| |||||||
1 | include, in addition to any other condition of
probation or | ||||||
2 | conditional discharge, a condition that the offender serve a
| ||||||
3 | mandatory term of imprisonment of not less than 60 consecutive | ||||||
4 | days. A person
convicted of a second or subsequent violation of | ||||||
5 | this Section must be
sentenced to a mandatory term of | ||||||
6 | imprisonment of not less than 3 years and not
more than 7 years | ||||||
7 | or an extended term of imprisonment of not less than 7 years
| ||||||
8 | and not more than 14 years.
| ||||||
9 | (c) Upon conviction of aggravated domestic battery, the | ||||||
10 | court shall advise the defendant orally or in writing, | ||||||
11 | substantially as follows: "An individual convicted of | ||||||
12 | aggravated domestic battery may be subject to federal criminal | ||||||
13 | penalties for possessing, transporting, shipping, or receiving | ||||||
14 | any firearm or ammunition in violation of the federal Gun | ||||||
15 | Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation | ||||||
16 | shall be made in the court file that the admonition was given. | ||||||
17 | (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; | ||||||
18 | revised 9-4-09.)
| ||||||
19 | (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
| ||||||
20 | Sec. 12-3.4 12-30 . Violation of an order of protection.
| ||||||
21 | (a) A person commits violation of an order of protection | ||||||
22 | if:
| ||||||
23 | (1) He or she knowingly commits an act which was | ||||||
24 | prohibited by a court or fails
to commit
an act which was | ||||||
25 | ordered by a court in violation of:
|
| |||||||
| |||||||
1 | (i) a remedy in a valid
order of protection | ||||||
2 | authorized under paragraphs (1), (2), (3), (14),
or
| ||||||
3 | (14.5) of
subsection (b) of Section 214 of the Illinois | ||||||
4 | Domestic Violence Act of 1986,
| ||||||
5 | (ii) a remedy, which is substantially similar to | ||||||
6 | the remedies
authorized
under paragraphs (1), (2), | ||||||
7 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
8 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
9 | order of protection,
which is authorized under the laws | ||||||
10 | of another state, tribe or United States
territory,
| ||||||
11 | (iii) any other remedy when the act constitutes a | ||||||
12 | crime against the
protected parties
as the term | ||||||
13 | protected parties is defined in Section 112A-4 of the | ||||||
14 | Code of
Criminal Procedure of 1963; and
| ||||||
15 | (2) Such violation occurs after the offender has been | ||||||
16 | served notice of
the contents of the order, pursuant to the | ||||||
17 | Illinois Domestic Violence
Act of 1986 or any substantially | ||||||
18 | similar statute of another state, tribe or
United
States | ||||||
19 | territory, or otherwise has acquired actual knowledge of | ||||||
20 | the contents
of the
order.
| ||||||
21 | An order of protection issued by a state, tribal or | ||||||
22 | territorial
court
related to domestic or family violence shall | ||||||
23 | be deemed valid if the issuing
court had jurisdiction over the | ||||||
24 | parties and matter under the law of the state,
tribe or | ||||||
25 | territory. There shall be a presumption of validity where an | ||||||
26 | order is
certified and appears authentic on its face. For |
| |||||||
| |||||||
1 | purposes of this Section, an "order of protection" may have | ||||||
2 | been
issued in a criminal or civil proceeding.
| ||||||
3 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
4 | to be heard
shall
be an affirmative defense to any charge or | ||||||
5 | process filed seeking enforcement of
a foreign order of | ||||||
6 | protection.
| ||||||
7 | (b) Nothing in this Section shall be construed to diminish | ||||||
8 | the inherent
authority of the courts to enforce their lawful | ||||||
9 | orders through civil or
criminal contempt proceedings. For | ||||||
10 | purposes of this Section, an "order of protection" may have | ||||||
11 | been
issued in a criminal or civil proceeding.
| ||||||
12 | (c) The limitations placed on law enforcement liability by | ||||||
13 | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | ||||||
14 | to actions taken under this
Section. Nothing in this Section | ||||||
15 | shall be construed to diminish the inherent
authority of the | ||||||
16 | courts to enforce their lawful orders through civil or
criminal | ||||||
17 | contempt proceedings.
| ||||||
18 | (d) Violation of an order of protection under subsection | ||||||
19 | (a) of this
Section is a Class A misdemeanor.
Violation of an | ||||||
20 | order of protection under subsection (a) of this Section is a
| ||||||
21 | Class 4 felony if the defendant has any prior conviction under | ||||||
22 | this Code for
domestic battery (Section 12-3.2)
or violation of | ||||||
23 | an order of protection (Section 12-3.4 or
12-30). Violation of | ||||||
24 | an order of protection is a Class 4 felony if the
defendant has | ||||||
25 | any prior conviction under this Code for
first degree murder | ||||||
26 | (Section 9-1), attempt to commit first degree murder
(Section |
| |||||||
| |||||||
1 | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | ||||||
2 | battery
(Section 12-3.05 or 12-4),
heinous battery (Section | ||||||
3 | 12-4.1), aggravated battery with a firearm (Section
12-4.2), | ||||||
4 | aggravated battery with a machine gun or a firearm equipped | ||||||
5 | with a silencer (Section 12-4.2-5) aggravated battery of a | ||||||
6 | child (Section 12-4.3), aggravated battery of
an unborn child | ||||||
7 | ( subsection (a-5) of Section 12-3.1, or Section 12-4.4), | ||||||
8 | aggravated battery of a senior citizen
(Section 12-4.6),
| ||||||
9 | stalking (Section 12-7.3), aggravated stalking (Section
| ||||||
10 | 12-7.4),
criminal sexual assault (Section 12-13), aggravated | ||||||
11 | criminal sexual assault
(12-14), kidnapping (Section 10-1), | ||||||
12 | aggravated kidnapping (Section 10-2),
predatory criminal | ||||||
13 | sexual assault of a child (Section 12-14.1),
aggravated | ||||||
14 | criminal sexual abuse (Section 12-16),
unlawful restraint | ||||||
15 | (Section 10-3), aggravated unlawful restraint
(Section
| ||||||
16 | 10-3.1),
aggravated arson (Section 20-1.1), or aggravated | ||||||
17 | discharge of a firearm
(Section 24-1.2), or a violation of any | ||||||
18 | former law of this State that is substantially similar to any | ||||||
19 | listed offense,
when any of these offenses have been committed | ||||||
20 | against a family or
household member as defined in Section | ||||||
21 | 112A-3 of the Code of Criminal Procedure
of 1963. The court | ||||||
22 | shall impose a minimum penalty of 24 hours imprisonment for
| ||||||
23 | defendant's second or subsequent violation of any order of | ||||||
24 | protection; unless
the court explicitly finds that an increased | ||||||
25 | penalty or such period of
imprisonment would be manifestly | ||||||
26 | unjust. In addition to any other penalties,
the court may order |
| |||||||
| |||||||
1 | the defendant to pay a fine as authorized under Section
5-9-1 | ||||||
2 | of the Unified Code of Corrections or to make restitution to | ||||||
3 | the victim
under Section 5-5-6 of the Unified Code of | ||||||
4 | Corrections. In addition to any
other penalties, including | ||||||
5 | those imposed by Section 5-9-1.5 of the Unified Code
of | ||||||
6 | Corrections, the court shall impose an additional fine of $20 | ||||||
7 | as authorized
by Section 5-9-1.11 of the Unified Code of | ||||||
8 | Corrections upon any person
convicted of or placed on | ||||||
9 | supervision for a violation of this
Section. The additional | ||||||
10 | fine shall
be imposed for each violation of this Section.
| ||||||
11 | (e) (Blank). The limitations placed on law enforcement | ||||||
12 | liability by Section 305 of
the Illinois Domestic Violence Act | ||||||
13 | of 1986 apply to actions taken under this
Section.
| ||||||
14 | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | ||||||
15 | 92-827, eff.
8-22-02.)
| ||||||
16 | (720 ILCS 5/12-3.5)
(was 720 ILCS 5/12-6.3)
| ||||||
17 | Sec. 12-3.5 12-6.3 . Interfering with the reporting of | ||||||
18 | domestic violence.
| ||||||
19 | (a) A person commits the offense of interfering with the | ||||||
20 | reporting of
domestic violence when, after having committed an | ||||||
21 | act of domestic violence, he
or she knowingly prevents or | ||||||
22 | attempts to prevent the victim of or a witness to the act of
| ||||||
23 | domestic violence from calling a 9-1-1 emergency telephone | ||||||
24 | system, obtaining
medical assistance, or making a report to any | ||||||
25 | law enforcement official.
|
| |||||||
| |||||||
1 | (b) For the purposes of this Section , the following terms | ||||||
2 | shall have the
indicated meanings :
| ||||||
3 | (1) "Domestic violence" shall have the meaning ascribed to | ||||||
4 | it in Section
112A-3 of the Code of Criminal Procedure of 1963.
| ||||||
5 | (2) "Family or household members" shall have the meaning | ||||||
6 | ascribed to it in
Section 112A-3 of the Code of Criminal | ||||||
7 | Procedure of 1963.
| ||||||
8 | (c) Sentence. Interfering with the reporting of domestic | ||||||
9 | violence is a
Class A misdemeanor.
| ||||||
10 | (Source: P.A. 90-118, eff. 1-1-98.)
| ||||||
11 | (720 ILCS 5/12-3.6) (was 720 ILCS 5/45-1 and 5/45-2)
| ||||||
12 | Sec. 12-3.6 45-1 . Disclosing location of domestic violence | ||||||
13 | victim Definitions . | ||||||
14 | (a) As used in this Section Article :
| ||||||
15 | (a) "Domestic violence" means attempting to cause or | ||||||
16 | causing abuse of
a family or household member or high-risk | ||||||
17 | adult with disabilities, or
attempting to cause or causing | ||||||
18 | neglect or exploitation of a high-risk adult
with disabilities | ||||||
19 | which threatens the adult's health and safety.
| ||||||
20 | (b) "Family or household member" means a spouse, person | ||||||
21 | living as a spouse,
parent, or other adult person related by | ||||||
22 | consanguinity or affinity, who
is residing or has resided with | ||||||
23 | the person committing domestic violence.
"Family or household | ||||||
24 | member" includes a high-risk adult with disabilities
who | ||||||
25 | resides with or receives care from any person who has the
|
| |||||||
| |||||||
1 | responsibility for a high-risk adult as a result of a family | ||||||
2 | relationship
or who has assumed responsibility for all or a | ||||||
3 | portion of the care of an
adult with disabilities voluntarily, | ||||||
4 | by express or implied contract, or by
court order.
| ||||||
5 | (c) "High-risk adult with disabilities" means a person aged | ||||||
6 | 18 or over
whose physical or mental disability impairs his or | ||||||
7 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
8 | or exploitation.
| ||||||
9 | (d) "Abuse", "exploitation", and "neglect" have the | ||||||
10 | meanings ascribed to
those terms in Section 103 of the Illinois | ||||||
11 | Domestic Violence Act of 1986.
| ||||||
12 | (b) A Sec. 45-2. Disclosure of location of domestic | ||||||
13 | violence victim. Any
person commits disclosure of location of | ||||||
14 | domestic violence victim when he or she who publishes, | ||||||
15 | disseminates or otherwise discloses the location of
any | ||||||
16 | domestic violence victim, without that person's the | ||||||
17 | authorization of that domestic
violence victim , knowing the | ||||||
18 | that such disclosure will result in, or has the
substantial | ||||||
19 | likelihood of resulting in, the threat of bodily harm , is
| ||||||
20 | guilty of a Class A misdemeanor . | ||||||
21 | (c) Nothing in this Section shall apply to
confidential | ||||||
22 | communications between an attorney and his or her client. | ||||||
23 | (d) Sentence. Disclosure of location of domestic violence | ||||||
24 | victim is a Class A misdemeanor. | ||||||
25 | (Source: P.A. 87-441; 88-45.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/Art. 12, Subdiv. 10 heading new) | ||||||
2 | SUBDIVISION 10. ENDANGERMENT | ||||||
3 | (720 ILCS 5/12-4.4a new)
| ||||||
4 | Sec. 12-4.4a. Abuse or criminal neglect of a long term care | ||||||
5 | facility resident; criminal abuse or neglect of an elderly | ||||||
6 | person or person with a disability. | ||||||
7 | (a) Abuse or criminal neglect of a long term care facility | ||||||
8 | resident. | ||||||
9 | (1) A person or an owner or licensee commits abuse of a | ||||||
10 | long term care facility resident when he or she knowingly | ||||||
11 | causes any physical or mental injury to, or commits any | ||||||
12 | sexual offense in this Code against, a resident. | ||||||
13 | (2) A person or an owner or licensee commits criminal | ||||||
14 | neglect of a long term care facility resident when he or | ||||||
15 | she recklessly: | ||||||
16 | (A) performs acts that cause a resident's life to | ||||||
17 | be endangered, health to be injured, or pre-existing | ||||||
18 | physical or mental condition to deteriorate; | ||||||
19 | (B) fails to perform acts that he or she knows or | ||||||
20 | reasonably should know are necessary to maintain or | ||||||
21 | preserve the life or health of a resident, and that | ||||||
22 | failure causes the resident's life to be endangered, | ||||||
23 | health to be injured, or pre-existing physical or | ||||||
24 | mental condition to deteriorate; or | ||||||
25 | (C) abandons a resident. |
| |||||||
| |||||||
1 | (3) A person or an owner or licensee commits neglect of | ||||||
2 | a long term care facility resident when he or she | ||||||
3 | negligently fails to provide adequate medical care, | ||||||
4 | personal care, or maintenance to the resident which results | ||||||
5 | in physical or mental injury or deterioration of the | ||||||
6 | resident's physical or mental condition. An owner or | ||||||
7 | licensee is guilty under this subdivision (a)(3), however, | ||||||
8 | only if the owner or licensee failed to exercise reasonable | ||||||
9 | care in the hiring, training, supervising, or providing of | ||||||
10 | staff or other related routine administrative | ||||||
11 | responsibilities. | ||||||
12 | (b) Criminal abuse or neglect of an elderly person or | ||||||
13 | person with a disability. | ||||||
14 | (1) A caregiver commits criminal abuse or neglect of an | ||||||
15 | elderly person or person with a disability when he or she | ||||||
16 | knowingly does any of the following: | ||||||
17 | (A) performs acts that cause the person's life to | ||||||
18 | be endangered, health to be injured, or pre-existing | ||||||
19 | physical or mental condition to deteriorate; | ||||||
20 | (B) fails to perform acts that he or she knows or | ||||||
21 | reasonably should know are necessary to maintain or | ||||||
22 | preserve the life or health of the person, and that | ||||||
23 | failure causes the person's life to be endangered, | ||||||
24 | health to be injured, or pre-existing physical or | ||||||
25 | mental condition to deteriorate; | ||||||
26 | (C) abandons the person; |
| |||||||
| |||||||
1 | (D) physically abuses, harasses, intimidates, or | ||||||
2 | interferes with the personal liberty of the person; or | ||||||
3 | (E) exposes the person to willful deprivation. | ||||||
4 | (2) It is not a defense to criminal abuse or neglect of | ||||||
5 | an elderly person or person with a disability that the | ||||||
6 | caregiver reasonably believed that the victim was not an | ||||||
7 | elderly person or person with a disability. | ||||||
8 | (c) Offense not applicable. | ||||||
9 | (1) Nothing in this Section applies to a physician | ||||||
10 | licensed to practice medicine in all its branches or a duly | ||||||
11 | licensed nurse providing care within the scope of his or | ||||||
12 | her professional judgment and within the accepted | ||||||
13 | standards of care within the community. | ||||||
14 | (2) Nothing in this Section imposes criminal liability | ||||||
15 | on a caregiver who made a good faith effort to provide for | ||||||
16 | the health and personal care of an elderly person or person | ||||||
17 | with a disability, but through no fault of his or her own | ||||||
18 | was unable to provide such care. | ||||||
19 | (3) Nothing in this Section applies to the medical | ||||||
20 | supervision, regulation, or control of the remedial care or | ||||||
21 | treatment of residents in a long term care facility | ||||||
22 | conducted for those who rely upon treatment by prayer or | ||||||
23 | spiritual means in accordance with the creed or tenets of | ||||||
24 | any well-recognized church or religious denomination as | ||||||
25 | described in Section 3-803 of the Nursing Home Care Act. | ||||||
26 | (4) Nothing in this Section prohibits a caregiver from |
| |||||||
| |||||||
1 | providing treatment to an elderly person or person with a | ||||||
2 | disability by spiritual means through prayer alone and care | ||||||
3 | consistent therewith in lieu of medical care and treatment | ||||||
4 | in accordance with the tenets and practices of any church | ||||||
5 | or religious denomination of which the elderly person or | ||||||
6 | person with a disability is a member. | ||||||
7 | (5) Nothing in this Section limits the remedies | ||||||
8 | available to the victim under the Illinois Domestic | ||||||
9 | Violence Act of 1986. | ||||||
10 | (d) Sentence. | ||||||
11 | (1) Long term care facility. Abuse of a long term care | ||||||
12 | facility resident is a Class 3 felony. Criminal neglect of | ||||||
13 | a long term care facility resident is a Class 4 felony, | ||||||
14 | unless it results in the resident's death in which case it | ||||||
15 | is a Class 3 felony. Neglect of a long term care facility | ||||||
16 | resident is a petty offense. | ||||||
17 | (2) Caregiver. Criminal abuse or neglect of an elderly | ||||||
18 | person or person with a disability is a Class 3 felony, | ||||||
19 | unless it results in the person's death in which case it is | ||||||
20 | a Class 2 felony, and if imprisonment is imposed it shall | ||||||
21 | be for a minimum term of 3 years and a maximum term of 14 | ||||||
22 | years. | ||||||
23 | (e) Definitions. For the purposes of this Section: | ||||||
24 | "Abandon" means to desert or knowingly forsake a resident | ||||||
25 | or an
elderly person or person with a disability under
| ||||||
26 | circumstances in which a reasonable person
would continue to |
| |||||||
| |||||||
1 | provide care and custody. | ||||||
2 | "Caregiver" means a person who has a duty to provide for an | ||||||
3 | elderly person or person with a
disability's health and | ||||||
4 | personal care, at the elderly person or person with a | ||||||
5 | disability's place of residence, including, but not limited to, | ||||||
6 | food and nutrition, shelter, hygiene, prescribed medication, | ||||||
7 | and medical care and treatment, and
includes any of the | ||||||
8 | following: | ||||||
9 | (1) A parent, spouse, adult child, or other relative by | ||||||
10 | blood or marriage
who resides with or resides in the same | ||||||
11 | building with or regularly
visits
the elderly person or | ||||||
12 | person with a disability, knows
or reasonably should know | ||||||
13 | of such person's physical or mental impairment,
and knows | ||||||
14 | or reasonably should know that such person is unable to
| ||||||
15 | adequately provide for his or her own health and personal | ||||||
16 | care. | ||||||
17 | (2) A person who is employed by the elderly person or
| ||||||
18 | person with a disability or by
another to reside with or | ||||||
19 | regularly visit the elderly person or person with a | ||||||
20 | disability
and provide for such person's health and | ||||||
21 | personal care. | ||||||
22 | (3) A person who has agreed for consideration to reside | ||||||
23 | with or
regularly visit the elderly person or person with a
| ||||||
24 | disability and provide for such
person's health and | ||||||
25 | personal care. | ||||||
26 | (4) A person who has been appointed by a private or |
| |||||||
| |||||||
1 | public agency or by
a court of competent jurisdiction to | ||||||
2 | provide for the elderly person or
person with a | ||||||
3 | disability's health and personal care. | ||||||
4 | "Caregiver" does not include a long-term care facility | ||||||
5 | licensed or
certified under the Nursing Home Care Act or any | ||||||
6 | administrative, medical, or
other personnel of such a facility, | ||||||
7 | or a health care provider who is licensed
under the Medical | ||||||
8 | Practice Act of 1987 and renders care in the ordinary
course of | ||||||
9 | his or her profession. | ||||||
10 | "Elderly person" means a person 60
years of age or older | ||||||
11 | who is incapable of
adequately providing for his or her own | ||||||
12 | health and personal care. | ||||||
13 | "Licensee" means the individual or entity licensed to | ||||||
14 | operate a
facility under the Nursing Home Care Act or the | ||||||
15 | Assisted Living and Shared
Housing Act. | ||||||
16 | "Long term care facility" means a private home,
| ||||||
17 | institution, building, residence, or other place, whether | ||||||
18 | operated for
profit or not, or a county home for the infirm and | ||||||
19 | chronically ill operated
pursuant to Division 5-21 or 5-22 of | ||||||
20 | the Counties Code, or any similar
institution operated by
the | ||||||
21 | State of Illinois or a political subdivision thereof, which | ||||||
22 | provides,
through its ownership or management, personal care, | ||||||
23 | sheltered care, or
nursing for 3 or more persons not related to | ||||||
24 | the owner by blood or
marriage. The term also includes skilled | ||||||
25 | nursing facilities and
intermediate care facilities as defined | ||||||
26 | in Titles XVIII and XIX of the
federal Social Security Act and |
| |||||||
| |||||||
1 | assisted living establishments and shared
housing | ||||||
2 | establishments licensed under the Assisted Living and Shared | ||||||
3 | Housing
Act. | ||||||
4 | "Owner" means the owner a long term care facility as
| ||||||
5 | provided in the Nursing Home Care Act or the owner of an | ||||||
6 | assisted living or shared
housing establishment as provided in | ||||||
7 | the Assisted Living and Shared Housing Act. | ||||||
8 | "Person with a disability" means a person who
suffers from | ||||||
9 | a permanent physical or mental impairment, resulting from
| ||||||
10 | disease, injury, functional disorder, or congenital condition, | ||||||
11 | which renders
the person incapable of adequately providing for | ||||||
12 | his or her own health and personal
care. | ||||||
13 | "Resident" means a person residing in a long term care | ||||||
14 | facility. | ||||||
15 | "Willful deprivation" has the meaning ascribed to it in | ||||||
16 | paragraph
(15) of Section 103 of the Illinois Domestic Violence | ||||||
17 | Act of 1986.
| ||||||
18 | (720 ILCS 5/12-4.5) (from Ch. 38, par. 12-4.5)
| ||||||
19 | Sec. 12-4.5. Tampering with food, drugs or cosmetics. | ||||||
20 | (a) A Any person
who knowingly puts any substance capable | ||||||
21 | of causing death or great bodily
harm to a human being into any | ||||||
22 | food, drug or cosmetic offered for sale or
consumption commits | ||||||
23 | the offense of tampering with food, drugs or cosmetics.
| ||||||
24 | (b) Sentence. Tampering with food, drugs or cosmetics is a | ||||||
25 | Class 2 felony.
|
| |||||||
| |||||||
1 | (Source: P.A. 84-1428; 84-1438.)
| ||||||
2 | (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
| ||||||
3 | Sec. 12-5. Reckless
conduct.
| ||||||
4 | (a) A person commits reckless conduct when he or she, by | ||||||
5 | any means lawful or unlawful, recklessly performs an act or | ||||||
6 | acts that: | ||||||
7 | (1) cause who causes bodily harm to or endanger | ||||||
8 | endangers the bodily safety of
another person; or an | ||||||
9 | individual by any means, commits reckless conduct if he or | ||||||
10 | she performs
recklessly the acts that
cause the harm or | ||||||
11 | endanger safety, whether they
otherwise are lawful or | ||||||
12 | unlawful. | ||||||
13 | (2) cause (a-5) A person who causes great bodily harm | ||||||
14 | or permanent disability or disfigurement to another person | ||||||
15 | by any means, commits reckless conduct if he or she | ||||||
16 | performs recklessly the acts that cause the harm, whether | ||||||
17 | they otherwise are lawful or unlawful .
| ||||||
18 | (b) Sentence.
| ||||||
19 | Reckless conduct under subdivision (a)(1) subsection (a) | ||||||
20 | is a Class A misdemeanor. Reckless conduct under subdivision | ||||||
21 | (a)(2) subsection (a-5) is a Class 4 felony.
| ||||||
22 | (Source: P.A. 93-710, eff. 1-1-05.)
| ||||||
23 | (720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
| ||||||
24 | Sec. 12-5.01 12-16.2 . Criminal transmission Transmission |
| |||||||
| |||||||
1 | of HIV. | ||||||
2 | (a) A person commits criminal
transmission of HIV when he | ||||||
3 | or she, knowing that he or she is infected with HIV:
| ||||||
4 | (1) engages in intimate contact with another;
| ||||||
5 | (2) transfers, donates, or provides his or her blood, | ||||||
6 | tissue, semen,
organs, or other potentially infectious | ||||||
7 | body fluids for transfusion,
transplantation, | ||||||
8 | insemination, or other administration to another; or
| ||||||
9 | (3) dispenses, delivers, exchanges, sells, or in any | ||||||
10 | other way transfers
to another any nonsterile intravenous | ||||||
11 | or intramuscular drug paraphernalia.
| ||||||
12 | (b) For purposes of this Section:
| ||||||
13 | "HIV" means the human immunodeficiency virus or any other | ||||||
14 | identified
causative agent of acquired immunodeficiency | ||||||
15 | syndrome.
| ||||||
16 | "Intimate contact with another" means the exposure of the | ||||||
17 | body
of one person to a bodily fluid of another person in a | ||||||
18 | manner that could
result in the transmission of HIV.
| ||||||
19 | "Intravenous or intramuscular drug paraphernalia" means | ||||||
20 | any
equipment, product, or material of any kind which is | ||||||
21 | peculiar to and
marketed for use in injecting a substance into | ||||||
22 | the human body.
| ||||||
23 | (c) Nothing in this Section shall be construed to require | ||||||
24 | that an infection
with HIV has occurred in order for a person | ||||||
25 | to have committed criminal
transmission of HIV.
| ||||||
26 | (d) It shall be an affirmative defense that the person |
| |||||||
| |||||||
1 | exposed knew that the
infected person was infected with HIV, | ||||||
2 | knew that the action could result
in infection with HIV, and | ||||||
3 | consented to the action with that knowledge.
| ||||||
4 | (e) A person who commits criminal transmission of HIV | ||||||
5 | commits a Class 2 felony.
| ||||||
6 | (Source: P.A. 86-897.)
| ||||||
7 | (720 ILCS 5/12-5.02)
(was 720 ILCS 5/12-2.5)
| ||||||
8 | Sec. 12-5.02 12-2.5 . Vehicular endangerment Endangerment .
| ||||||
9 | (a) A person commits vehicular endangerment when he or she | ||||||
10 | strikes Any person who with the intent to strike a motor | ||||||
11 | vehicle causes by causing
any means an object to fall from an | ||||||
12 | overpass in the direction of a moving
motor vehicle with the | ||||||
13 | intent to strike a motor vehicle while it is traveling upon a | ||||||
14 | any highway in this State , if that object strikes
a motor | ||||||
15 | vehicle, is guilty of
vehicular endangerment .
| ||||||
16 | (b) Sentence. Vehicular endangerment is a Class 2 felony, | ||||||
17 | unless except when
death results , in which case . If death | ||||||
18 | results, vehicular endangerment is a Class 1
felony.
| ||||||
19 | (c) Definitions. For purposes of this Section:
| ||||||
20 | "Object" means any object or substance that by its size, | ||||||
21 | weight, or
consistency is likely to cause great bodily harm to | ||||||
22 | any occupant of a motor
vehicle.
| ||||||
23 | "Overpass" means any structure that passes over a highway.
| ||||||
24 | "Motor vehicle" and "highway" have the meanings as defined | ||||||
25 | in the
Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-467.)
| ||||||
2 | (720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
| ||||||
3 | Sec. 12-5.1. Criminal housing management. | ||||||
4 | (a) A person commits the offense of criminal housing | ||||||
5 | management when,
having personal management or control of | ||||||
6 | residential real estate, whether
as a legal or equitable owner | ||||||
7 | or as a managing
agent or otherwise, he or she recklessly | ||||||
8 | permits the physical condition or
facilities of the residential | ||||||
9 | real estate
to become or remain in any condition which | ||||||
10 | endangers the health or safety
of a any person other than the | ||||||
11 | defendant .
| ||||||
12 | (b) Sentence.
| ||||||
13 | Criminal housing management is a Class A misdemeanor , and | ||||||
14 | a . A subsequent
conviction for a violation of subsection (a) is | ||||||
15 | a Class 4 felony.
| ||||||
16 | (Source: P.A. 85-341.)
| ||||||
17 | (720 ILCS 5/12-5.1a)
(was 720 ILCS 5/12-5.15) | ||||||
18 | Sec. 12-5.1a 12-5.15 . Aggravated criminal housing | ||||||
19 | management. | ||||||
20 | (a) A person commits the offense of aggravated criminal | ||||||
21 | housing management
when he or she commits the offense of | ||||||
22 | criminal housing management ; and:
| ||||||
23 | (1) the condition endangering the health or safety of a | ||||||
24 | person other than the defendant is
determined to be a |
| |||||||
| |||||||
1 | contributing factor in the death of that person; and
| ||||||
2 | (2) the person recklessly also conceals or attempts to | ||||||
3 | conceal the condition that
endangered the health or safety | ||||||
4 | of the person other than the defendant that is found to be | ||||||
5 | a
contributing factor in that death.
| ||||||
6 | (b) Sentence. Aggravated criminal housing management is a | ||||||
7 | Class 4 felony.
| ||||||
8 | (Source: P.A. 93-852, eff. 8-2-04.)
| ||||||
9 | (720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
| ||||||
10 | Sec. 12-5.2. Injunction in connection with criminal | ||||||
11 | housing management or aggravated criminal housing management .
| ||||||
12 | (a) In addition to any other remedies, the
State's Attorney | ||||||
13 | of the county where the residential property which
endangers | ||||||
14 | the health or safety of any person exists is authorized to file | ||||||
15 | a
complaint and apply
to the circuit court for a temporary | ||||||
16 | restraining order, and such circuit
court shall upon hearing | ||||||
17 | grant a temporary restraining order or a
preliminary or | ||||||
18 | permanent injunction, without bond, restraining any person
who | ||||||
19 | owns, manages, or has any equitable interest in the property, | ||||||
20 | from
collecting, receiving or benefiting from any rents or | ||||||
21 | other monies
available from the property, so long as the | ||||||
22 | property remains in a condition
which endangers the health or | ||||||
23 | safety of any person.
| ||||||
24 | (b) The court may order any rents or other monies owed to | ||||||
25 | be paid into
an escrow account. The funds are to be paid out of |
| |||||||
| |||||||
1 | the escrow account only
to satisfy the reasonable cost of | ||||||
2 | necessary repairs of the property which
had been incurred or | ||||||
3 | will be incurred in ameliorating the condition of the
property | ||||||
4 | as described in subsection (a),
payment of delinquent
real | ||||||
5 | estate taxes on the property or payment of other legal debts | ||||||
6 | relating
to the property. The court may order that funds remain | ||||||
7 | in escrow for a
reasonable time after the completion of all | ||||||
8 | necessary repairs to assure
continued upkeep of the property | ||||||
9 | and satisfaction of other outstanding
legal debts of the | ||||||
10 | property.
| ||||||
11 | (c) The owner shall be responsible for contracting to have | ||||||
12 | necessary
repairs completed and shall be required to submit all | ||||||
13 | bills, together with
certificates of completion, to the manager | ||||||
14 | of the escrow account within 30
days after their receipt by the | ||||||
15 | owner.
| ||||||
16 | (d) In contracting for any repairs required pursuant to | ||||||
17 | this
Section the owner of the property shall enter into a | ||||||
18 | contract only after
receiving bids
from at least 3 independent | ||||||
19 | contractors capable of making
the necessary repairs. If the | ||||||
20 | owner does not contract for the repairs with
the lowest bidder, | ||||||
21 | he shall file an affidavit with the court explaining why
the | ||||||
22 | lowest bid was not acceptable. At no time, under the provisions | ||||||
23 | of
this Section Act , shall the owner contract with anyone who | ||||||
24 | is not a licensed
contractor , except that a contractor need not | ||||||
25 | be licensed if neither the State nor the county, township, or | ||||||
26 | municipality where the residential real estate is located |
| |||||||
| |||||||
1 | requires that the contractor be licensed . The court may order | ||||||
2 | release of those funds in the escrow
account that are in excess | ||||||
3 | of the monies that the court determines to its
satisfaction are | ||||||
4 | needed to correct the condition of the property as
described in | ||||||
5 | subsection (a).
| ||||||
6 | For the purposes of this Section, "licensed contractor" | ||||||
7 | means: (i) a contractor licensed by the State, if the State | ||||||
8 | requires the licensure of the contractor; or (ii) a contractor | ||||||
9 | licensed by the county, township, or municipality where the | ||||||
10 | residential real estate is located, if that jurisdiction | ||||||
11 | requires the licensure of the contractor. | ||||||
12 | (e) The Clerk of the Circuit Court shall maintain a | ||||||
13 | separate trust
account entitled "Property Improvement Trust | ||||||
14 | Account", which shall serve as
the depository for the escrowed | ||||||
15 | funds prescribed by this Section. The
Clerk of the Court shall | ||||||
16 | be responsible for the receipt, disbursement,
monitoring and | ||||||
17 | maintenance of all funds entrusted to this account, and
shall | ||||||
18 | provide to the court a quarterly accounting of the activities | ||||||
19 | for any
property, with funds in such account, unless the court | ||||||
20 | orders accountings
on a more frequent basis.
| ||||||
21 | The Clerk of the Circuit Court shall promulgate rules and | ||||||
22 | procedures to
administer the provisions of this Act.
| ||||||
23 | (f) Nothing in this Section shall in any way be construed | ||||||
24 | to limit or
alter any existing liability incurred, or to be | ||||||
25 | incurred, by the owner or
manager except as expressly provided | ||||||
26 | in this Act. Nor shall anything in
this Section be construed to |
| |||||||
| |||||||
1 | create any liability on behalf of the Clerk of
the Court, the | ||||||
2 | State's Attorney's office or any other governmental agency
| ||||||
3 | involved in this action.
| ||||||
4 | Nor shall anything in this Section be construed to | ||||||
5 | authorize tenants to
refrain from paying rent.
| ||||||
6 | (g) Costs. As part of the costs of an action under this | ||||||
7 | Section, the
court shall assess a reasonable fee against the | ||||||
8 | defendant to be paid to the
Clerk of the Circuit Court. This | ||||||
9 | amount is to be used solely for the maintenance
of the Property | ||||||
10 | Improvement
Trust Account. No money obtained directly or | ||||||
11 | indirectly from the property
subject to the case may be used to | ||||||
12 | satisfy this cost.
| ||||||
13 | (h) The municipal building department or other entity | ||||||
14 | responsible for
inspection of property and the enforcement of | ||||||
15 | such local requirements
shall, within 5 business days of a | ||||||
16 | request by the State's Attorney,
provide all documents | ||||||
17 | requested, which shall include, but not be limited
to, all | ||||||
18 | records of inspections, permits and other information relating | ||||||
19 | to
any property.
| ||||||
20 | (Source: P.A. 88-240.)
| ||||||
21 | (720 ILCS 5/12-5.3)
(was 720 ILCS 5/12-2.6)
| ||||||
22 | Sec. 12-5.3 12-2.6 . Use of a dangerous place for the | ||||||
23 | commission of a controlled
substance or cannabis offense. | ||||||
24 | (a) A person commits the offense of use of a dangerous | ||||||
25 | place for the
commission of a
controlled substance or cannabis |
| |||||||
| |||||||
1 | offense when that person knowingly exercises
control
over any | ||||||
2 | place with the intent to use that place to manufacture, | ||||||
3 | produce,
deliver, or
possess with intent to deliver a | ||||||
4 | controlled or
counterfeit substance or controlled substance | ||||||
5 | analog in violation of Section
401 of the Illinois Controlled | ||||||
6 | Substances Act or to manufacture, produce,
deliver, or
possess | ||||||
7 | with intent to deliver cannabis in violation of Section 5, 5.1, | ||||||
8 | 5.2,
7,
or 8 of the Cannabis Control Act and:
| ||||||
9 | (1) the place, by virtue of the presence of the | ||||||
10 | substance or substances
used or intended to be used to | ||||||
11 | manufacture a controlled or counterfeit
substance, | ||||||
12 | controlled substance analog, or cannabis, presents a | ||||||
13 | substantial
risk
of injury
to any
person from fire, | ||||||
14 | explosion, or exposure to toxic or noxious chemicals or | ||||||
15 | gas;
or
| ||||||
16 | (2) the place used or intended to be used to | ||||||
17 | manufacture, produce,
deliver, or
possess with intent to | ||||||
18 | deliver a controlled or
counterfeit substance, controlled | ||||||
19 | substance analog, or cannabis has located
within it or
| ||||||
20 | surrounding it devices, weapons, chemicals, or explosives | ||||||
21 | designed, hidden, or
arranged
in
a manner that would cause | ||||||
22 | a person to be exposed to a substantial risk of great
| ||||||
23 | bodily harm.
| ||||||
24 | (b) It may be inferred that a place was intended to be used | ||||||
25 | to manufacture a
controlled or counterfeit substance or | ||||||
26 | controlled substance analog if a
substance containing a |
| |||||||
| |||||||
1 | controlled or counterfeit substance or controlled
substance | ||||||
2 | analog or a substance containing a chemical important to the
| ||||||
3 | manufacture of a controlled or counterfeit substance or | ||||||
4 | controlled substance
analog is found at the place of the | ||||||
5 | alleged illegal controlled substance
manufacturing in close | ||||||
6 | proximity to equipment or a chemical used for
facilitating the | ||||||
7 | manufacture of the controlled or counterfeit substance or
| ||||||
8 | controlled substance analog that
is alleged to have been | ||||||
9 | intended to be manufactured.
| ||||||
10 | (c) As used in this Section,
"place" means a premises, | ||||||
11 | conveyance, or location that offers
seclusion,
shelter, means, | ||||||
12 | or facilitation for manufacturing, producing, possessing, or
| ||||||
13 | possessing
with intent to deliver a controlled or counterfeit
| ||||||
14 | substance,
controlled substance analog, or cannabis.
| ||||||
15 | (d) Use of a dangerous place for the commission of a | ||||||
16 | controlled substance
or cannabis offense is a Class 1 felony.
| ||||||
17 | (Source: P.A. 93-516, eff. 1-1-04; 94-743, eff. 5-8-06.)
| ||||||
18 | (720 ILCS 5/12-5.5)
| ||||||
19 | Sec. 12-5.5. Common carrier recklessness carriers; gross | ||||||
20 | neglect . | ||||||
21 | (a) A person commits common carrier recklessness when he or | ||||||
22 | she, Whoever, having
personal management or control of or over | ||||||
23 | a steamboat or other
public conveyance used for the common | ||||||
24 | carriage of persons, recklessly endangers the safety of others. | ||||||
25 | (b) Sentence. Common carrier recklessness is is guilty of |
| |||||||
| |||||||
1 | gross
carelessness or neglect in, or in relation to, the | ||||||
2 | conduct, management, or
control of the steamboat or other | ||||||
3 | public conveyance, while
being so used for the common carriage | ||||||
4 | of persons, in which
the
safety of any person is endangered is | ||||||
5 | guilty
of a Class 4 felony.
| ||||||
6 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
7 | (720 ILCS 5/Art.12, Subdiv. 15 heading new) | ||||||
8 | SUBDIVISION 15. INTIMIDATION
| ||||||
9 | (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
| ||||||
10 | Sec. 12-6. Intimidation.
| ||||||
11 | (a) A person commits intimidation when, with intent to | ||||||
12 | cause another to
perform or to omit the performance of any act, | ||||||
13 | he or she communicates to
another, directly or indirectly by | ||||||
14 | any means whether in person, by telephone or by mail , a
threat | ||||||
15 | to perform without lawful authority any of the following acts:
| ||||||
16 | (1) Inflict physical harm on the person threatened or | ||||||
17 | any other
person or on property; or
| ||||||
18 | (2) Subject any person to physical confinement or | ||||||
19 | restraint; or
| ||||||
20 | (3) Commit a felony or Class A misdemeanor any criminal | ||||||
21 | offense ; or
| ||||||
22 | (4) Accuse any person of an offense; or
| ||||||
23 | (5) Expose any person to hatred, contempt or ridicule; | ||||||
24 | or
|
| |||||||
| |||||||
1 | (6) Take action as a public official against anyone or | ||||||
2 | anything, or
withhold official action, or cause such action | ||||||
3 | or withholding; or
| ||||||
4 | (7) Bring about or continue a strike, boycott or other | ||||||
5 | collective
action.
| ||||||
6 | (b) Sentence.
| ||||||
7 | Intimidation is a Class 3 felony for which an offender may | ||||||
8 | be sentenced to
a term of imprisonment of not less than 2 years | ||||||
9 | and not more than 10 years.
| ||||||
10 | (Source: P.A. 91-696, eff. 4-13-00.)
| ||||||
11 | (720 ILCS 5/12-6.2)
| ||||||
12 | Sec. 12-6.2. Aggravated intimidation.
| ||||||
13 | (a) A person commits the offense of aggravated intimidation | ||||||
14 | when he or she
commits the offense of intimidation and:
| ||||||
15 | (1) the person committed the offense in furtherance of | ||||||
16 | the activities of
an organized gang or because of by the | ||||||
17 | person's membership in or allegiance to an
organized gang; | ||||||
18 | or
| ||||||
19 | (2) the offense is committed with the intent to prevent | ||||||
20 | any person from
becoming a community policing volunteer; or
| ||||||
21 | (3) the following conditions are met:
| ||||||
22 | (A) the person knew that the victim was : (i) a | ||||||
23 | peace officer,
(ii) a correctional
institution | ||||||
24 | employee, (iii) a fireman , ; or (iv) a community | ||||||
25 | policing volunteer;
and
|
| |||||||
| |||||||
1 | (B) the offense was committed: | ||||||
2 | (i) while the victim was engaged in the
| ||||||
3 | execution of his or her official duties; or | ||||||
4 | (ii) to prevent the victim from
performing his | ||||||
5 | or her official duties; | ||||||
6 | (iii) in retaliation for the victim's
| ||||||
7 | performance of his or her official duties; or | ||||||
8 | (iv) by reason of any person's
activity as a | ||||||
9 | community policing volunteer.
| ||||||
10 | (b) Sentence. Aggravated intimidation as defined in | ||||||
11 | paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation | ||||||
12 | as defined in paragraph (a)(2) or (a)(3) is
a Class 2 felony
| ||||||
13 | for which the offender may be sentenced to a term of | ||||||
14 | imprisonment of not less
than 3 years nor more than 14 years.
| ||||||
15 | (c) (Blank). For the purposes of this Section, | ||||||
16 | "streetgang", "streetgang member", and
"organized gang"
have | ||||||
17 | the meanings ascribed to them in Section 10 of the Illinois | ||||||
18 | Streetgang
Terrorism Omnibus Prevention Act.
| ||||||
19 | (Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655, | ||||||
20 | eff.
7-30-98.)
| ||||||
21 | (720 ILCS 5/12-6.4) | ||||||
22 | Sec. 12-6.4. Criminal street gang recruitment on school | ||||||
23 | grounds or public property adjacent to school grounds and | ||||||
24 | criminal street gang recruitment of a minor. | ||||||
25 | (a) A person commits the offense of criminal street gang |
| |||||||
| |||||||
1 | recruitment on school grounds or public property adjacent to | ||||||
2 | school grounds when on school grounds or public property | ||||||
3 | adjacent to school grounds, he or she knowingly threatens the | ||||||
4 | use of physical force to coerce, solicit, recruit, or
induce | ||||||
5 | another person to join or remain a member of a criminal street | ||||||
6 | gang, or conspires to do so. | ||||||
7 | (a-5) A person commits the offense of criminal street gang | ||||||
8 | recruitment of a minor when he or she threatens the use of | ||||||
9 | physical force to coerce, solicit, recruit, or induce another | ||||||
10 | person to join or remain a member of a criminal street gang, or | ||||||
11 | conspires to do so, whether or not such threat is communicated | ||||||
12 | in person, by means of the Internet, or by means of a | ||||||
13 | telecommunications device. | ||||||
14 | (b) Sentence. Criminal street gang recruitment on school | ||||||
15 | grounds or public property adjacent to school grounds is a | ||||||
16 | Class 1 felony and criminal street gang recruitment of a minor | ||||||
17 | is a Class 1 felony. | ||||||
18 | (c) In this Section: | ||||||
19 | "Criminal street gang" has the meaning ascribed to it | ||||||
20 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
21 | Prevention Act. | ||||||
22 | "School grounds" means the building or buildings or | ||||||
23 | real property comprising a public or private elementary or | ||||||
24 | secondary school, community college, college, or | ||||||
25 | university and includes a school yard, school playing | ||||||
26 | field, or school playground.
|
| |||||||
| |||||||
1 | "Minor" means any person under 18 years of age. | ||||||
2 | "Internet" means an interactive computer service or | ||||||
3 | system or an information service, system, or access | ||||||
4 | software provider that provides or enables computer access | ||||||
5 | by multiple users to a computer server, and includes, but | ||||||
6 | is not limited to, an information service, system, or | ||||||
7 | access software provider that provides access to a network | ||||||
8 | system commonly known as the Internet, or any comparable | ||||||
9 | system or service and also includes, but is not limited to, | ||||||
10 | a World Wide Web page, newsgroup, message board, mailing | ||||||
11 | list, or chat area on any interactive computer service or | ||||||
12 | system or other online service. | ||||||
13 | "Telecommunications device" means a device that is | ||||||
14 | capable of receiving or transmitting speech, data, | ||||||
15 | signals, text, images, sounds, codes, or other information | ||||||
16 | including, but not limited to, paging devices, telephones, | ||||||
17 | and cellular and mobile telephones. | ||||||
18 | (Source: P.A. 96-199, eff. 1-1-10.)
| ||||||
19 | (720 ILCS 5/12-6.5) (was 720 ILCS 5/12-6.1)
| ||||||
20 | Sec. 12-6.5 12-6.1 . Compelling organization membership
of | ||||||
21 | persons. A person who knowingly, expressly or impliedly , | ||||||
22 | threatens to do bodily harm
or does bodily harm to an | ||||||
23 | individual or to that individual's family or uses any
other | ||||||
24 | criminally unlawful means to solicit or cause any person to | ||||||
25 | join, or
deter any person from leaving, any organization or
|
| |||||||
| |||||||
1 | association regardless of the nature of
such organization or | ||||||
2 | association, is guilty of a Class 2 felony.
| ||||||
3 | Any person of the age of 18 years or older who knowingly, | ||||||
4 | expressly or impliedly ,
threatens to do bodily harm or does | ||||||
5 | bodily harm to a person under 18 years
of age or uses any other
| ||||||
6 | criminally unlawful means to solicit or cause any person under | ||||||
7 | 18 years of age
to join, or deter any person under 18 years of | ||||||
8 | age from leaving,
any organization or association regardless of | ||||||
9 | the nature of such
organization or association is guilty
of a | ||||||
10 | Class 1 felony.
| ||||||
11 | A person convicted of an offense under this Section shall | ||||||
12 | not be eligible to
receive a sentence of probation, conditional | ||||||
13 | discharge, or periodic
imprisonment.
| ||||||
14 | (Source: P.A. 91-696, eff. 4-13-00.)
| ||||||
15 | (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
| ||||||
16 | Sec. 12-7. Compelling confession or information by force or | ||||||
17 | threat.
| ||||||
18 | (a) A person who, with intent to obtain a confession, | ||||||
19 | statement or
information regarding any offense, knowingly
| ||||||
20 | inflicts or threatens imminent bodily harm upon the person | ||||||
21 | threatened or upon any other person commits
the offense of | ||||||
22 | compelling a confession or information by force or threat.
| ||||||
23 | (b) Sentence.
| ||||||
24 | Compelling a confession or information is a: (1) Class 4 | ||||||
25 | felony if the
defendant threatens imminent bodily harm to |
| |||||||
| |||||||
1 | obtain a confession, statement, or information but does not | ||||||
2 | inflict
bodily harm on the victim, (2) Class 3 felony if the | ||||||
3 | defendant inflicts bodily harm on
the victim to obtain a | ||||||
4 | confession, statement, or information, and
(3) Class 2 felony | ||||||
5 | if the defendant inflicts great bodily harm to obtain a | ||||||
6 | confession, statement, or
information.
| ||||||
7 | (Source: P.A. 94-1113, eff. 1-1-08 .)
| ||||||
8 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| ||||||
9 | Sec. 12-7.1. Hate crime.
| ||||||
10 | (a) A person commits hate crime when, by reason of the | ||||||
11 | actual or
perceived race, color, creed, religion, ancestry, | ||||||
12 | gender, sexual orientation,
physical or mental disability, or | ||||||
13 | national origin of another individual or
group of individuals, | ||||||
14 | regardless of the existence of any other motivating
factor or | ||||||
15 | factors, he commits assault, battery, aggravated assault, | ||||||
16 | misdemeanor
theft, criminal trespass to residence, misdemeanor | ||||||
17 | criminal damage
to property, criminal trespass to vehicle, | ||||||
18 | criminal trespass to real property,
mob action or disorderly | ||||||
19 | conduct as these crimes are defined in Sections 12-1,
12-2, | ||||||
20 | 12-3(a) 12-3 , 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of | ||||||
21 | this Code,
respectively, or harassment by telephone as defined | ||||||
22 | in Section 1-1 of the
Harassing and Obscene Communications Act, | ||||||
23 | or harassment through electronic
communications as defined in | ||||||
24 | clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
| ||||||
25 | Obscene Communications Act.
|
| |||||||
| |||||||
1 | (b) Except as provided in subsection (b-5), hate crime is a | ||||||
2 | Class 4
felony for a first offense and a Class 2 felony for a | ||||||
3 | second or subsequent
offense.
| ||||||
4 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||
5 | and a Class 2
felony for a second or subsequent offense if | ||||||
6 | committed:
| ||||||
7 | (1) in a church, synagogue, mosque, or other building, | ||||||
8 | structure, or place
used for religious worship or other | ||||||
9 | religious purpose;
| ||||||
10 | (2) in a cemetery, mortuary, or other facility used for | ||||||
11 | the purpose of
burial or memorializing the dead;
| ||||||
12 | (3) in a school or other educational facility, | ||||||
13 | including an administrative facility or public or private | ||||||
14 | dormitory facility of or associated with the school or | ||||||
15 | other educational facility;
| ||||||
16 | (4) in a public park or an ethnic or religious | ||||||
17 | community center;
| ||||||
18 | (5) on the real property comprising any location | ||||||
19 | specified in
clauses (1) through (4) of this subsection | ||||||
20 | (b-5); or
| ||||||
21 | (6) on a public way within 1,000 feet of the real | ||||||
22 | property comprising any
location specified in clauses (1) | ||||||
23 | through (4) of this subsection (b-5).
| ||||||
24 | (b-10) Upon imposition of any sentence,
the trial
court | ||||||
25 | shall also either order restitution paid to the victim
or | ||||||
26 | impose a fine up to $1,000. In addition, any order of probation |
| |||||||
| |||||||
1 | or
conditional discharge entered following a conviction or an | ||||||
2 | adjudication of
delinquency shall include a condition that the | ||||||
3 | offender perform public or
community service of no less than | ||||||
4 | 200 hours if that service is established in
the county where | ||||||
5 | the offender was convicted of hate crime. The court may also
| ||||||
6 | impose any other condition of probation or conditional | ||||||
7 | discharge under this
Section.
| ||||||
8 | (c) Independent of any criminal prosecution or the result
| ||||||
9 | thereof, any
person suffering injury to his person or damage to | ||||||
10 | his property as a result
of hate crime may bring a civil action | ||||||
11 | for damages, injunction
or other appropriate relief. The court | ||||||
12 | may award actual damages, including
damages for emotional | ||||||
13 | distress, or punitive damages. A judgment may include
| ||||||
14 | attorney's fees and costs. The parents or legal guardians, | ||||||
15 | other than
guardians appointed pursuant to the Juvenile Court | ||||||
16 | Act or the Juvenile
Court Act of 1987, of an unemancipated | ||||||
17 | minor shall be liable for the amount
of any judgment for actual | ||||||
18 | damages rendered against such minor under this
subsection (c) | ||||||
19 | in any amount not exceeding the amount provided under
Section 5 | ||||||
20 | of the Parental Responsibility Law.
| ||||||
21 | (d) "Sexual orientation" means heterosexuality, | ||||||
22 | homosexuality,
or bisexuality.
| ||||||
23 | (Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80, | ||||||
24 | eff. 6-27-05.)
| ||||||
25 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
|
| |||||||
| |||||||
1 | Sec. 12-7.3. Stalking.
| ||||||
2 | (a) A person commits stalking when he or she knowingly | ||||||
3 | engages in a course of conduct directed at a specific person, | ||||||
4 | and he or she knows or should know that this course of conduct | ||||||
5 | would cause a reasonable person to: | ||||||
6 | (1) fear for his or her safety or the safety of a third | ||||||
7 | person; or | ||||||
8 | (2) suffer other emotional distress. | ||||||
9 | (a-3) A person commits stalking when he or she, knowingly | ||||||
10 | and without
lawful justification, on at least 2 separate | ||||||
11 | occasions follows
another person
or places the person under | ||||||
12 | surveillance or any combination thereof and:
| ||||||
13 | (1) at any time transmits a threat of immediate or | ||||||
14 | future bodily harm, sexual
assault, confinement or | ||||||
15 | restraint and the threat is directed towards that
person or | ||||||
16 | a family member of that
person; or
| ||||||
17 | (2) places that person in reasonable apprehension of | ||||||
18 | immediate or future
bodily harm, sexual assault, | ||||||
19 | confinement or restraint to or of that person or a family | ||||||
20 | member of that person. ; or
| ||||||
21 | (3) places that person in reasonable apprehension that | ||||||
22 | a family member
will receive immediate or future bodily | ||||||
23 | harm, sexual assault, confinement, or
restraint.
| ||||||
24 | (a-5) A person commits stalking when he or she has | ||||||
25 | previously been
convicted of stalking another person and | ||||||
26 | knowingly and without lawful
justification on one occasion:
|
| |||||||
| |||||||
1 | (1) follows that same person or places that same person | ||||||
2 | under
surveillance; and
| ||||||
3 | (2) transmits a threat of immediate or future bodily | ||||||
4 | harm, sexual
assault, confinement or restraint to that | ||||||
5 | person or a family member of that person. ; and
| ||||||
6 | (3) the threat is directed towards that person or a | ||||||
7 | family member of
that person.
| ||||||
8 | (b) Sentence.
Stalking is a Class 4 felony ; a . A second or | ||||||
9 | subsequent
conviction for stalking is a Class 3 felony.
| ||||||
10 | (c) Definitions. For purposes of this Section: | ||||||
11 | (1) "Course of conduct" means 2 or more acts, including | ||||||
12 | but not limited to acts in which a defendant directly, | ||||||
13 | indirectly, or through third parties, by any action, | ||||||
14 | method, device, or means follows, monitors, observes, | ||||||
15 | surveils, threatens, or communicates to or about, a person, | ||||||
16 | engages in other non-consensual contact, or interferes | ||||||
17 | with or damages a person's property or pet. A course of | ||||||
18 | conduct may include contact via electronic communications. | ||||||
19 | (2) "Electronic communication" means any transfer of | ||||||
20 | signs, signals, writings, sounds, data, or intelligence of | ||||||
21 | any nature transmitted in whole or in part by a wire, | ||||||
22 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
23 | system. "Electronic communication" includes transmissions | ||||||
24 | by a computer through the Internet to another computer. | ||||||
25 | (3) "Emotional distress" means significant mental | ||||||
26 | suffering, anxiety or alarm. |
| |||||||
| |||||||
1 | (4) "Family member" means a parent,
grandparent, | ||||||
2 | brother, sister, or child, whether by whole blood, | ||||||
3 | half-blood, or
adoption and includes a step-grandparent, | ||||||
4 | step-parent, step-brother,
step-sister or step-child. | ||||||
5 | "Family member" also means any other person who
regularly | ||||||
6 | resides in the household, or who, within the prior 6 | ||||||
7 | months,
regularly resided in the household. | ||||||
8 | (5) "Follows another person" means (i) to
move in | ||||||
9 | relative proximity to a person as that person moves from | ||||||
10 | place to place
or (ii) to remain in relative proximity to a | ||||||
11 | person who is stationary or whose
movements are confined to | ||||||
12 | a small area.
"Follows another person" does not
include a | ||||||
13 | following within the residence of the defendant. | ||||||
14 | (6) "Non-consensual contact" means any contact with | ||||||
15 | the victim that is initiated or continued without the | ||||||
16 | victim's consent, including but not limited to being in the | ||||||
17 | physical presence of the victim; appearing within the sight | ||||||
18 | of the victim; approaching or confronting the victim in a | ||||||
19 | public place or on private property; appearing at the | ||||||
20 | workplace or residence of the victim; entering onto or | ||||||
21 | remaining on property owned, leased, or occupied by the | ||||||
22 | victim; or placing an object on, or delivering an object | ||||||
23 | to, property owned, leased, or occupied by the victim. | ||||||
24 | (7) "Places a person under
surveillance" means: (1) | ||||||
25 | remaining present outside the person's school, place of
| ||||||
26 | employment, vehicle, other place occupied by the person, or |
| |||||||
| |||||||
1 | residence other
than the residence of the defendant; or (2) | ||||||
2 | placing an electronic tracking device on the person or the | ||||||
3 | person's property. | ||||||
4 | (8) "Reasonable person" means a person in the victim's | ||||||
5 | situation. | ||||||
6 | (9) "Transmits a threat" means a verbal
or
written | ||||||
7 | threat or a threat implied by a pattern of conduct or a | ||||||
8 | combination of
verbal or written statements or conduct. | ||||||
9 | (d) Exemptions. | ||||||
10 | (1) This Section does not apply to any individual or | ||||||
11 | organization (i) monitoring or attentive to compliance | ||||||
12 | with public or worker safety laws, wage and hour | ||||||
13 | requirements, or other statutory requirements, or (ii) | ||||||
14 | picketing occurring at the workplace that is otherwise | ||||||
15 | lawful and arises out of a bona fide labor dispute, | ||||||
16 | including any controversy concerning wages, salaries, | ||||||
17 | hours, working conditions or benefits, including health | ||||||
18 | and welfare, sick leave, insurance, and pension or | ||||||
19 | retirement provisions, the making or maintaining of | ||||||
20 | collective bargaining agreements, and the terms to be | ||||||
21 | included in those agreements. | ||||||
22 | (2) This Section does not apply to an exercise of the | ||||||
23 | right to free speech or assembly that is otherwise lawful. | ||||||
24 | (3) Telecommunications carriers, commercial mobile | ||||||
25 | service providers, and providers of information services, | ||||||
26 | including, but not limited to, Internet service providers |
| |||||||
| |||||||
1 | and hosting service providers, are not liable under this | ||||||
2 | Section, except for willful and wanton misconduct, by | ||||||
3 | virtue of the transmission, storage, or caching of | ||||||
4 | electronic communications or messages of others or by | ||||||
5 | virtue of the provision of other related | ||||||
6 | telecommunications, commercial mobile services, or | ||||||
7 | information services used by others in violation of this | ||||||
8 | Section. | ||||||
9 | (d-5) The incarceration of a person in a penal institution | ||||||
10 | who commits the course of conduct or transmits a
threat is not | ||||||
11 | a bar to prosecution under this Section.
| ||||||
12 | (Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
| ||||||
13 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| ||||||
14 | Sec. 12-7.4. Aggravated stalking.
| ||||||
15 | (a) A person commits
aggravated stalking when he or she | ||||||
16 | commits , in conjunction with committing the
offense of stalking | ||||||
17 | and ,
also does any of the following :
| ||||||
18 | (1) causes bodily harm to the victim;
| ||||||
19 | (2) confines or restrains the victim; or
| ||||||
20 | (3) violates a temporary
restraining order, an order of | ||||||
21 | protection, a stalking no contact order, a civil no contact | ||||||
22 | order, or an injunction
prohibiting the behavior described | ||||||
23 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
24 | Domestic Violence Act of 1986.
| ||||||
25 | (b) Sentence. Aggravated stalking is a Class 3 felony ; a . A |
| |||||||
| |||||||
1 | second or
subsequent conviction for aggravated stalking is a | ||||||
2 | Class 2
felony.
| ||||||
3 | (c) Exemptions. | ||||||
4 | (1) This Section does not apply to any individual or | ||||||
5 | organization (i) monitoring or attentive to compliance | ||||||
6 | with public or worker safety laws, wage and hour | ||||||
7 | requirements, or other statutory requirements, or (ii) | ||||||
8 | picketing occurring at the
workplace that is otherwise | ||||||
9 | lawful and arises out of a bona fide labor
dispute | ||||||
10 | including any controversy concerning wages, salaries, | ||||||
11 | hours, working conditions or benefits, including health | ||||||
12 | and welfare, sick leave, insurance, and pension or | ||||||
13 | retirement provisions, the managing or maintenance of | ||||||
14 | collective bargaining agreements, and the terms to be | ||||||
15 | included in those agreements. | ||||||
16 | (2) This Section does not apply to an exercise of the | ||||||
17 | right of free speech or assembly that is
otherwise lawful.
| ||||||
18 | (3) Telecommunications carriers, commercial mobile | ||||||
19 | service providers, and providers of information services, | ||||||
20 | including, but not limited to, Internet service providers | ||||||
21 | and hosting service providers, are not liable under this | ||||||
22 | Section, except for willful and wanton misconduct, by | ||||||
23 | virtue of the transmission, storage, or caching of | ||||||
24 | electronic communications or messages of others or by | ||||||
25 | virtue of the provision of other related | ||||||
26 | telecommunications, commercial mobile services, or |
| |||||||
| |||||||
1 | information services used by others in violation of this | ||||||
2 | Section.
| ||||||
3 | (Source: P.A. 96-686, eff. 1-1-10.)
| ||||||
4 | (720 ILCS 5/12-7.5)
| ||||||
5 | Sec. 12-7.5. Cyberstalking.
| ||||||
6 | (a) A person commits cyberstalking when he or she engages | ||||||
7 | in a course of conduct using electronic communication directed | ||||||
8 | at a specific person, and he or she knows or should know that | ||||||
9 | would cause a reasonable person to: | ||||||
10 | (1) fear for his or her safety or the safety of a third | ||||||
11 | person; or | ||||||
12 | (2) suffer other emotional distress. | ||||||
13 | (a-3) A person commits cyberstalking when he or she, | ||||||
14 | knowingly and without
lawful justification, on at least 2 | ||||||
15 | separate occasions, harasses another person
through the use of | ||||||
16 | electronic communication and:
| ||||||
17 | (1) at any time transmits a threat of immediate or | ||||||
18 | future bodily harm,
sexual assault, confinement, or | ||||||
19 | restraint and the threat is directed towards
that person or | ||||||
20 | a family member of that person; or
| ||||||
21 | (2) places that person or a family member of that | ||||||
22 | person in reasonable
apprehension of immediate or future | ||||||
23 | bodily harm, sexual assault, confinement,
or restraint; or
| ||||||
24 | (3) at any time knowingly solicits the commission of an | ||||||
25 | act by any person which would be a violation of this Code |
| |||||||
| |||||||
1 | directed towards that person or a family member of that | ||||||
2 | person. | ||||||
3 | (a-5) A person commits cyberstalking when he or she, | ||||||
4 | knowingly and without lawful justification, creates and | ||||||
5 | maintains an Internet website or webpage which is accessible to | ||||||
6 | one or more third parties for a period of at least 24 hours, | ||||||
7 | and which contains statements harassing another person and: | ||||||
8 | (1) which communicates a threat of immediate or future | ||||||
9 | bodily harm, sexual assault, confinement, or restraint, | ||||||
10 | where the threat is directed towards that person or a | ||||||
11 | family member of that person, or | ||||||
12 | (2) which places that person or a family member of that | ||||||
13 | person in reasonable apprehension of immediate or future | ||||||
14 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
15 | (3) which knowingly solicits the commission of an act | ||||||
16 | by any person which would be a violation of this Code | ||||||
17 | directed towards that person or a family member of that | ||||||
18 | person.
| ||||||
19 | (b) Sentence. Cyberstalking is a Class 4 felony ; a . A | ||||||
20 | second or subsequent
conviction for cyberstalking is a Class 3 | ||||||
21 | felony.
| ||||||
22 | (c) For purposes of this Section: | ||||||
23 | (1) "Course of conduct" means 2 or more acts, including | ||||||
24 | but not limited to acts in which a defendant directly, | ||||||
25 | indirectly, or through third parties, by any action, | ||||||
26 | method, device, or means follows, monitors, observes, |
| |||||||
| |||||||
1 | surveils, threatens, or communicates to or about, a person, | ||||||
2 | engages in other non-consensual contact, or interferes | ||||||
3 | with or damages a person's property or pet. The | ||||||
4 | incarceration in a penal institution of a person who | ||||||
5 | commits the course of conduct is not a bar to prosecution | ||||||
6 | under this Section. | ||||||
7 | (2) "Electronic communication" means any transfer of | ||||||
8 | signs, signals, writings, sounds, data, or intelligence of | ||||||
9 | any nature transmitted in whole or in part by a wire, | ||||||
10 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
11 | system. "Electronic communication" includes transmissions | ||||||
12 | by a computer through the Internet to another computer. | ||||||
13 | (3) "Emotional distress" means significant mental | ||||||
14 | suffering, anxiety or alarm. | ||||||
15 | (4) "Harass"
means to engage in a knowing and willful | ||||||
16 | course of conduct directed at a
specific person
that | ||||||
17 | alarms, torments, or terrorizes that person. | ||||||
18 | (5) "Non-consensual contact" means any contact with | ||||||
19 | the victim that is initiated or continued without the | ||||||
20 | victim's consent, including but not limited to being in the | ||||||
21 | physical presence of the victim; appearing within the sight | ||||||
22 | of the victim; approaching or confronting the victim in a | ||||||
23 | public place or on private property; appearing at the | ||||||
24 | workplace or residence of the victim; entering onto or | ||||||
25 | remaining on property owned, leased, or occupied by the | ||||||
26 | victim; or placing an object on, or delivering an object |
| |||||||
| |||||||
1 | to, property owned, leased, or occupied by the victim. | ||||||
2 | (6) "Reasonable person" means a person in the victim's | ||||||
3 | circumstances, with the victim's knowledge of the | ||||||
4 | defendant and the defendant's prior acts. | ||||||
5 | (7) "Third party" means any person other than the | ||||||
6 | person violating these provisions and the person or persons | ||||||
7 | towards whom the violator's actions are directed. | ||||||
8 | (d) Telecommunications carriers, commercial mobile service | ||||||
9 | providers, and providers of information services, including, | ||||||
10 | but not limited to, Internet service providers and hosting | ||||||
11 | service providers, are not liable under this Section, except | ||||||
12 | for willful and wanton misconduct, by virtue of the | ||||||
13 | transmission, storage, or caching of electronic communications | ||||||
14 | or messages of others or by virtue of the provision of other | ||||||
15 | related telecommunications, commercial mobile services, or | ||||||
16 | information services used by others in violation of this | ||||||
17 | Section. | ||||||
18 | (Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
19 | 96-686, eff. 1-1-10; revised 10-20-09.)
| ||||||
20 | (720 ILCS 5/12-7.6)
| ||||||
21 | Sec. 12-7.6. Cross burning.
| ||||||
22 | (a) A person commits the offense of cross burning when he | ||||||
23 | or she who , with the intent to
intimidate any other person or | ||||||
24 | group of
persons, burns or causes to be burned a cross.
| ||||||
25 | (b) Sentence. Cross burning is a Class A misdemeanor for a |
| |||||||
| |||||||
1 | first offense and
a
Class 4 felony for a second or subsequent | ||||||
2 | offense.
| ||||||
3 | (c) For the purposes of this Section, a person acts with | ||||||
4 | the "intent to
intimidate"
when he or she intentionally places | ||||||
5 | or attempts to place another person in fear
of physical
injury | ||||||
6 | or fear of damage to that other person's property.
| ||||||
7 | (Source: P.A. 93-764, eff. 1-1-05.)
| ||||||
8 | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| ||||||
9 | Sec. 12-9. Threatening public officials.
| ||||||
10 | (a) A person commits the offense of threatening a public | ||||||
11 | official when:
| ||||||
12 | (1) that person knowingly and willfully delivers or | ||||||
13 | conveys, directly
or indirectly, to a public official by | ||||||
14 | any means a communication:
| ||||||
15 | (i) containing a threat that would place
the public | ||||||
16 | official or a member of his or her immediate family in | ||||||
17 | reasonable
apprehension of immediate or future bodily | ||||||
18 | harm, sexual assault, confinement,
or restraint; or
| ||||||
19 | (ii) containing a threat that would place the | ||||||
20 | public official
or a member of his or her immediate | ||||||
21 | family in reasonable apprehension that
damage will | ||||||
22 | occur to property in the custody, care, or control of | ||||||
23 | the public
official or his or her immediate family; and
| ||||||
24 | (2) the threat was conveyed because of the performance | ||||||
25 | or nonperformance
of some public duty, because of hostility |
| |||||||
| |||||||
1 | of the person making the threat
toward the status or | ||||||
2 | position of the public official, or because of any
other | ||||||
3 | factor related to the official's public existence.
| ||||||
4 | (a-5) For purposes of a threat to a sworn law enforcement | ||||||
5 | officer, the threat must contain specific facts indicative of a | ||||||
6 | unique threat to the person, family or property of the officer | ||||||
7 | and not a generalized threat of harm.
| ||||||
8 | (b) For purposes of this Section:
| ||||||
9 | (1) "Public official"
means a person who is elected to | ||||||
10 | office in accordance with a statute or
who is appointed to | ||||||
11 | an office which is established, and the qualifications
and | ||||||
12 | duties of which are prescribed, by statute, to discharge a | ||||||
13 | public duty
for the State or any of its political | ||||||
14 | subdivisions or in the case of
an elective office any | ||||||
15 | person who has filed the required documents for
nomination | ||||||
16 | or election to such office. "Public official" includes a
| ||||||
17 | duly
appointed assistant State's Attorney , assistant | ||||||
18 | Attorney General, or Appellate Prosecutor, and a sworn law | ||||||
19 | enforcement or peace officer.
| ||||||
20 | (2) "Immediate family" means a
public official's | ||||||
21 | spouse or child or children.
| ||||||
22 | (c) Threatening a public official is a Class 3 felony for a
| ||||||
23 | first offense and a Class 2 felony for a second or subsequent | ||||||
24 | offense.
| ||||||
25 | (Source: P.A. 95-466, eff. 6-1-08 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/Art.12, Subdiv. 20 heading new) | ||||||
2 | SUBDIVISION 20. MUTILATION
| ||||||
3 | (720 ILCS 5/12-10.2)
| ||||||
4 | Sec. 12-10.2. Tongue splitting.
| ||||||
5 | (a) In this Section, "tongue splitting" means the cutting | ||||||
6 | of a human tongue
into 2
or more parts.
| ||||||
7 | (b) A person may not knowingly perform tongue splitting on | ||||||
8 | another person unless the
person performing the tongue | ||||||
9 | splitting is licensed to practice medicine in all
its branches | ||||||
10 | under the Medical Practice
Act of 1987
or licensed under the | ||||||
11 | Illinois Dental Practice Act.
| ||||||
12 | (c) Sentence. Tongue splitting performed in violation of | ||||||
13 | this Section is a
Class A
misdemeanor for a first offense and a | ||||||
14 | Class 4 felony for a second or subsequent
offense.
| ||||||
15 | (Source: P.A. 93-449, eff. 1-1-04.)
| ||||||
16 | (720 ILCS 5/12-20) (from Ch. 38, par. 12-20)
| ||||||
17 | Sec. 12-20. Sale of body parts.
| ||||||
18 | (a) Except as provided in subsection
(b), any person who | ||||||
19 | knowingly buys or sells, or offers to buy or sell, a
human body | ||||||
20 | or any part of a human body, is guilty of a Class A misdemeanor
| ||||||
21 | for the first conviction and a Class 4 felony for subsequent | ||||||
22 | convictions.
| ||||||
23 | (b) This Section does not prohibit:
| ||||||
24 | (1) An anatomical gift made in accordance with the |
| |||||||
| |||||||
1 | Illinois
Anatomical Gift
Act.
| ||||||
2 | (2) (Blank). The removal and use of a human cornea in | ||||||
3 | accordance with the
Illinois Anatomical Gift Act.
| ||||||
4 | (3) Reimbursement of actual expenses incurred by a | ||||||
5 | living person in
donating an organ, tissue or other body | ||||||
6 | part or fluid for transplantation,
implantation, infusion, | ||||||
7 | injection, or other medical or scientific purpose,
| ||||||
8 | including medical costs, loss of income, and travel | ||||||
9 | expenses.
| ||||||
10 | (4) Payments provided under a plan of insurance or
| ||||||
11 | other health care coverage.
| ||||||
12 | (5) Reimbursement of reasonable costs associated with | ||||||
13 | the removal,
storage or transportation of a human body or | ||||||
14 | part thereof donated for
medical or scientific purposes.
| ||||||
15 | (6) Purchase or sale of blood, plasma, blood products | ||||||
16 | or derivatives,
other body fluids, or human hair.
| ||||||
17 | (7) Purchase or sale of drugs, reagents or other | ||||||
18 | substances made from
human bodies or body parts, for use in | ||||||
19 | medical or scientific research,
treatment or diagnosis.
| ||||||
20 | (Source: P.A. 93-794, eff. 7-22-04.)
| ||||||
21 | (720 ILCS 5/12-20.5)
| ||||||
22 | Sec. 12-20.5. Dismembering a human body.
| ||||||
23 | (a) A person commits the offense of dismembering a human | ||||||
24 | body
when he or she knowingly dismembers, severs, separates,
| ||||||
25 | dissects, or mutilates any body part of a deceased's body.
|
| |||||||
| |||||||
1 | (b) This Section does not apply to:
| ||||||
2 | (1) an anatomical gift made in accordance with the | ||||||
3 | Illinois
Anatomical Gift Act;
| ||||||
4 | (2) (blank); the removal and use of a human cornea in | ||||||
5 | accordance with
the Illinois Anatomical Gift Act;
| ||||||
6 | (3) the purchase or sale of drugs, reagents, or other | ||||||
7 | substances
made from human body parts, for the use in | ||||||
8 | medical or scientific research,
treatment, or diagnosis;
| ||||||
9 | (4) persons employed by a county medical examiner's | ||||||
10 | office or
coroner's office acting within the scope of their | ||||||
11 | employment while
performing an autopsy;
| ||||||
12 | (5) the acts of a licensed funeral director or embalmer | ||||||
13 | while
performing acts authorized by the Funeral Directors | ||||||
14 | and Embalmers
Licensing Code;
| ||||||
15 | (6) the acts of emergency medical personnel or | ||||||
16 | physicians
performed in good faith and according to the | ||||||
17 | usual and customary standards
of medical practice in an | ||||||
18 | attempt to resuscitate a life; or
| ||||||
19 | (7) physicians licensed to practice medicine in all of | ||||||
20 | its branches or
holding a visiting professor, physician, or | ||||||
21 | resident permit under the Medical
Practice Act of 1987, | ||||||
22 | performing acts in accordance with usual and customary
| ||||||
23 | standards of
medical practice, or a currently enrolled | ||||||
24 | student in an accredited medical
school in furtherance of | ||||||
25 | his or her education at the accredited medical
school.
| ||||||
26 | (c) It is not a defense to a violation of this Section that |
| |||||||
| |||||||
1 | the decedent
died due to
natural, accidental, or suicidal | ||||||
2 | causes.
| ||||||
3 | (d) Sentence. Dismembering a human body is a Class X | ||||||
4 | felony.
| ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
6 | (720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
| ||||||
7 | Sec. 12-32. Ritual mutilation Mutilation .
| ||||||
8 | (a) A person commits the offense of ritual mutilation , when | ||||||
9 | he or she
knowingly mutilates, dismembers or tortures another | ||||||
10 | person as part of a ceremony, rite,
initiation, observance, | ||||||
11 | performance or practice, and the victim did not consent
or | ||||||
12 | under such circumstances that the defendant knew or should have | ||||||
13 | known that
the victim was unable to render effective consent.
| ||||||
14 | (b) Ritual mutilation does not include the practice of
male | ||||||
15 | circumcision or a ceremony, rite, initiation, observance, or
| ||||||
16 | performance related thereto. Sentence. Ritual mutilation is a | ||||||
17 | Class 2 felony.
| ||||||
18 | (c) Sentence. Ritual mutilation is a Class 2 felony. The | ||||||
19 | offense ritual mutilation does not include the practice of
male | ||||||
20 | circumcision or a ceremony, rite, initiation, observance, or
| ||||||
21 | performance related thereto.
| ||||||
22 | (Source: P.A. 90-88, eff. 1-1-98.)
| ||||||
23 | (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
| ||||||
24 | Sec. 12-33. Ritualized abuse of a child.
|
| |||||||
| |||||||
1 | (a) A person commits is guilty of ritualized abuse of a | ||||||
2 | child when he or she
knowingly commits any of the following | ||||||
3 | acts with, upon, or in the presence of a child
as part of a | ||||||
4 | ceremony, rite or any similar observance:
| ||||||
5 | (1) actually or in simulation, tortures, mutilates, or | ||||||
6 | sacrifices any
warm-blooded animal or human being;
| ||||||
7 | (2) forces ingestion, injection or other application | ||||||
8 | of any narcotic,
drug, hallucinogen or anaesthetic for the | ||||||
9 | purpose of dulling sensitivity,
cognition, recollection | ||||||
10 | of, or resistance to any criminal activity;
| ||||||
11 | (3) forces ingestion, or external application, of | ||||||
12 | human or animal
urine, feces, flesh, blood, bones, body | ||||||
13 | secretions, nonprescribed drugs or
chemical compounds;
| ||||||
14 | (4) involves the child in a mock, unauthorized or | ||||||
15 | unlawful marriage
ceremony with another person or | ||||||
16 | representation of any force or deity,
followed by sexual | ||||||
17 | contact with the child;
| ||||||
18 | (5) places a living child into a coffin or open grave | ||||||
19 | containing a
human corpse or remains;
| ||||||
20 | (6) threatens death or serious harm to a child, his or | ||||||
21 | her parents, family,
pets, or friends that instills a | ||||||
22 | well-founded fear in the child that the
threat will be | ||||||
23 | carried out; or
| ||||||
24 | (7) unlawfully dissects, mutilates, or incinerates a | ||||||
25 | human corpse.
| ||||||
26 | (b) The provisions of this Section shall not be construed |
| |||||||
| |||||||
1 | to apply to:
| ||||||
2 | (1) lawful agricultural, animal husbandry, food | ||||||
3 | preparation, or wild
game hunting and fishing practices and | ||||||
4 | specifically the branding or
identification of livestock;
| ||||||
5 | (2) the lawful medical practice of male circumcision or | ||||||
6 | any ceremony
related to male circumcision;
| ||||||
7 | (3) any state or federally approved, licensed, or | ||||||
8 | funded research project;
or
| ||||||
9 | (4) the ingestion of animal flesh or blood in the | ||||||
10 | performance of a
religious service or ceremony.
| ||||||
11 | (b-5) For the purposes of this Section, "child" means any | ||||||
12 | person under 18 years of age. | ||||||
13 | (c) Ritualized abuse of a child is a Class 1 felony for a | ||||||
14 | first
offense. A second or subsequent conviction for ritualized | ||||||
15 | abuse of a child
is a Class X felony for which the offender may | ||||||
16 | be sentenced to a term of
natural life imprisonment.
| ||||||
17 | (d) (Blank). For the purposes of this Section, "child" | ||||||
18 | means any person under 18
years of age.
| ||||||
19 | (Source: P.A. 90-88, eff. 1-1-98.)
| ||||||
20 | (720 ILCS 5/12-34)
| ||||||
21 | Sec. 12-34. Female genital mutilation.
| ||||||
22 | (a) Except as otherwise permitted in subsection (b), | ||||||
23 | whoever knowingly
circumcises, excises, or infibulates, in | ||||||
24 | whole or in part, the labia majora,
labia minora, or clitoris | ||||||
25 | of another commits the offense of female genital
mutilation. |
| |||||||
| |||||||
1 | Consent to the procedure by a minor on whom it is performed or | ||||||
2 | by
the minor's parent or guardian is not a defense to a | ||||||
3 | violation of this Section.
| ||||||
4 | (b) A surgical procedure is not a violation of subsection | ||||||
5 | (a) if the
procedure is performed by a physician licensed to | ||||||
6 | practice medicine in all its branches and :
| ||||||
7 | (1) is necessary to the health of the person on whom it | ||||||
8 | is performed and
is performed by a physician licensed to | ||||||
9 | practice medicine in all of its
branches ; or
| ||||||
10 | (2) is performed on a person who is in labor or who has | ||||||
11 | just given birth
and is performed for medical purposes | ||||||
12 | connected with that labor or birth by a
physician licensed | ||||||
13 | to practice medicine in all of its branches .
| ||||||
14 | (c) Sentence. Female genital mutilation is a Class X | ||||||
15 | felony.
| ||||||
16 | (Source: P.A. 90-88, eff. 1-1-98.)
| ||||||
17 | (720 ILCS 5/Art. 12, Subdiv. 25 heading new)
| ||||||
18 | SUBDIVISION 25. OTHER HARM OFFENSES
| ||||||
19 | (720 ILCS 5/12-34.5) (was 720 ILCS 5/12-31)
| ||||||
20 | Sec. 12-34.5 12-31 . Inducement to commit suicide Commit | ||||||
21 | Suicide .
| ||||||
22 | (a) A person commits the
offense of inducement to commit | ||||||
23 | suicide when he or she does either of the
following:
| ||||||
24 | (1) Knowingly coerces Coerces another to
commit |
| |||||||
| |||||||
1 | suicide and the other person commits or
attempts to commit | ||||||
2 | suicide as a direct result of
the coercion, and he or she | ||||||
3 | exercises substantial control over the other
person
| ||||||
4 | through (i) control of the other person's physical location | ||||||
5 | or
circumstances; (ii) use of psychological pressure; or | ||||||
6 | (iii) use of actual or
ostensible religious,
political, | ||||||
7 | social, philosophical or other principles.
| ||||||
8 | (2) With knowledge that another person intends to | ||||||
9 | commit or attempt to
commit suicide, intentionally (i) | ||||||
10 | offers and provides the physical means by
which another | ||||||
11 | person commits or attempts to commit suicide, or (ii)
| ||||||
12 | participates in a physical act by which another person | ||||||
13 | commits or attempts to
commit suicide.
| ||||||
14 | For the purposes of
this Section, "attempts to commit | ||||||
15 | suicide" means any act done with the intent
to
commit suicide | ||||||
16 | and which constitutes a substantial step toward commission of
| ||||||
17 | suicide.
| ||||||
18 | (b) Sentence. Inducement to commit suicide under paragraph | ||||||
19 | (a)(1) when
the other person
commits suicide as a direct result | ||||||
20 | of the coercion is a Class 2 felony.
Inducement to commit | ||||||
21 | suicide under paragraph (a)(2) when the other person
commits | ||||||
22 | suicide as a direct result of the assistance provided is a | ||||||
23 | Class 4
felony.
Inducement to commit suicide under paragraph | ||||||
24 | (a)(1) when the other person
attempts to commit
suicide as a | ||||||
25 | direct result of the coercion is a Class 3 felony.
Inducement | ||||||
26 | to commit suicide under paragraph (a)(2) when the other person
|
| |||||||
| |||||||
1 | attempts to commit suicide as a direct result of the assistance | ||||||
2 | provided is a
Class A misdemeanor.
| ||||||
3 | (c) The lawful compliance or a good-faith attempt at lawful | ||||||
4 | compliance
with the Illinois Living Will Act, the Health Care | ||||||
5 | Surrogate Act, or the Powers
of Attorney for Health Care Law is | ||||||
6 | not inducement to commit suicide under
paragraph (a)(2) of this | ||||||
7 | Section.
| ||||||
8 | (Source: P.A. 87-1167; 88-392.)
| ||||||
9 | (720 ILCS 5/12-35)
| ||||||
10 | Sec. 12-35. Sexual conduct or sexual contact with an | ||||||
11 | animal.
| ||||||
12 | (a) A person may not knowingly engage in any sexual conduct | ||||||
13 | or sexual
contact with an
animal.
| ||||||
14 | (b) (Blank). A person may not knowingly cause, aid, or abet | ||||||
15 | another person to engage
in any
sexual conduct or sexual | ||||||
16 | contact with an animal.
| ||||||
17 | (c) (Blank). A person may not knowingly permit any sexual | ||||||
18 | conduct or sexual contact
with an
animal to be conducted on any | ||||||
19 | premises under his or her charge or
control.
| ||||||
20 | (d) (Blank). A person may not knowingly engage in, promote, | ||||||
21 | aid, or abet any activity
involving any sexual conduct or | ||||||
22 | sexual contact with an animal for
a commercial or recreational | ||||||
23 | purpose.
| ||||||
24 | (e) Sentence. A person who violates this Section is guilty | ||||||
25 | of a Class 4
felony.
A person who violates this Section in the |
| |||||||
| |||||||
1 | presence of a person under 18 years
of age or causes the animal | ||||||
2 | serious physical injury or death is guilty of a
Class 3
felony.
| ||||||
3 | (f) In addition to the penalty imposed in subsection (e), | ||||||
4 | the court may
order that the defendant do any of the following:
| ||||||
5 | (1) Not harbor animals or reside in any household
where | ||||||
6 | animals are present for a reasonable period of time or | ||||||
7 | permanently, if
necessary.
| ||||||
8 | (2) Relinquish and permanently forfeit all animals | ||||||
9 | residing in the
household to a recognized or duly organized | ||||||
10 | animal shelter or humane
society.
| ||||||
11 | (3) Undergo a psychological evaluation and counseling | ||||||
12 | at defendant's
expense.
| ||||||
13 | (4) Reimburse the animal shelter or humane society for | ||||||
14 | any reasonable
costs
incurred for the care and maintenance | ||||||
15 | of the animal involved in the sexual
conduct or sexual | ||||||
16 | contact in addition to any animals relinquished to the | ||||||
17 | animal
shelter or
humane society.
| ||||||
18 | (g) Nothing in this Section shall be construed to prohibit | ||||||
19 | accepted animal
husbandry practices or accepted veterinary | ||||||
20 | medical practices by a
licensed veterinarian or certified | ||||||
21 | veterinary technician.
| ||||||
22 | (h) If the court has reasonable grounds to believe that a | ||||||
23 | violation
of this Section has occurred, the court may order
the | ||||||
24 | seizure of
all animals involved in the alleged violation as a | ||||||
25 | condition of bond of a
person charged with a violation of this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (i) In this Section:
| ||||||
2 | "Animal" means every creature, either alive or dead, other | ||||||
3 | than a human
being.
| ||||||
4 | "Sexual conduct" means any knowing touching or
fondling by | ||||||
5 | a person, either directly or through
clothing, of the sex | ||||||
6 | organs or anus of an animal or
any transfer or transmission of | ||||||
7 | semen by the person upon any part of
the animal, for the | ||||||
8 | purpose of sexual
gratification or arousal of the person.
| ||||||
9 | "Sexual contact" means any contact, however slight, | ||||||
10 | between
the sex organ or anus of a person and the sex organ, | ||||||
11 | mouth,
or anus of an animal, or any intrusion, however slight, | ||||||
12 | of any part
of the body of the person into the sex organ
or anus | ||||||
13 | of an animal, for the purpose of sexual gratification or | ||||||
14 | arousal of the
person. Evidence of emission of semen is not
| ||||||
15 | required to prove sexual contact.
| ||||||
16 | (Source: P.A. 92-721, eff. 1-1-03.)
| ||||||
17 | (720 ILCS 5/12-4.1 rep.)
| ||||||
18 | (720 ILCS 5/12-4.2 rep.)
| ||||||
19 | (720 ILCS 5/12-4.2-5 rep.)
| ||||||
20 | (720 ILCS 5/12-4.3 rep.)
| ||||||
21 | (720 ILCS 5/12-4.4 rep.)
| ||||||
22 | (720 ILCS 5/12-4.6 rep.)
| ||||||
23 | (720 ILCS 5/12-4.7 rep.)
| ||||||
24 | (720 ILCS 5/12-4.8 rep.)
| ||||||
25 | (720 ILCS 5/12-19 rep.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/12-21 rep.)
| ||||||
2 | (720 ILCS 5/Art. 45 heading rep.)
| ||||||
3 | Section 10. The Criminal Code of 1961 is amended by | ||||||
4 | repealing Sections 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, | ||||||
5 | 12-4.6, 12-4.7, 12-4.8, 12-19, and 12-21 and the heading of | ||||||
6 | Article 45. | ||||||
7 | Section 900. The Children and Family Services Act is | ||||||
8 | amended by changing Section 7 as follows:
| ||||||
9 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
10 | Sec. 7. Placement of children; considerations.
| ||||||
11 | (a) In placing any child under this Act, the Department | ||||||
12 | shall place
such child, as far as possible, in the care and | ||||||
13 | custody of some individual
holding the same religious belief as | ||||||
14 | the parents of the child, or with some
child care facility | ||||||
15 | which is operated by persons of like religious faith as
the | ||||||
16 | parents of such child.
| ||||||
17 | (b) In placing a child under this Act, the Department may | ||||||
18 | place a child
with a relative if the Department determines that | ||||||
19 | the relative
will be able to adequately provide for the child's | ||||||
20 | safety and welfare based on the factors set forth in the | ||||||
21 | Department's rules governing relative placements, and that the | ||||||
22 | placement is consistent with the child's best interests, taking | ||||||
23 | into consideration the factors set out in subsection (4.05) of | ||||||
24 | Section 1-3 of the Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | When the Department first assumes custody of a child, in | ||||||
2 | placing that child under this Act, the Department shall make | ||||||
3 | reasonable efforts to identify and locate a relative who is | ||||||
4 | ready, willing, and able to care for the child. At a minimum, | ||||||
5 | these efforts shall be renewed each time the child requires a | ||||||
6 | placement change and it is appropriate for the child to be | ||||||
7 | cared for in a home environment. The Department must document | ||||||
8 | its efforts to identify and locate such a relative placement | ||||||
9 | and maintain the documentation in the child's case file. | ||||||
10 | If the Department determines that a placement with any | ||||||
11 | identified relative is not in the child's best interests or | ||||||
12 | that the relative does not meet the requirements to be a | ||||||
13 | relative caregiver, as set forth in Department rules or by | ||||||
14 | statute, the Department must document the basis for that | ||||||
15 | decision and maintain the documentation in the child's case | ||||||
16 | file.
| ||||||
17 | If, pursuant to the Department's rules, any person files an | ||||||
18 | administrative appeal of the Department's decision not to place | ||||||
19 | a child with a relative, it is the Department's burden to prove | ||||||
20 | that the decision is consistent with the child's best | ||||||
21 | interests. | ||||||
22 | When the Department determines that the child requires | ||||||
23 | placement in an environment, other than a home environment, the | ||||||
24 | Department shall continue to make reasonable efforts to | ||||||
25 | identify and locate relatives to serve as visitation resources | ||||||
26 | for the child and potential future placement resources, except |
| |||||||
| |||||||
1 | when the Department determines that those efforts would be | ||||||
2 | futile or inconsistent with the child's best interests. | ||||||
3 | If the Department determines that efforts to identify and | ||||||
4 | locate relatives would be futile or inconsistent with the | ||||||
5 | child's best interests, the Department shall document the basis | ||||||
6 | of its determination and maintain the documentation in the | ||||||
7 | child's case file. | ||||||
8 | If the Department determines that an individual or a group | ||||||
9 | of relatives are inappropriate to serve as visitation resources | ||||||
10 | or possible placement resources, the Department shall document | ||||||
11 | the basis of its determination and maintain the documentation | ||||||
12 | in the child's case file. | ||||||
13 | When the Department determines that an individual or a | ||||||
14 | group of relatives are appropriate to serve as visitation | ||||||
15 | resources or possible future placement resources, the | ||||||
16 | Department shall document the basis of its determination, | ||||||
17 | maintain the documentation in the child's case file, create a | ||||||
18 | visitation or transition plan, or both, and incorporate the | ||||||
19 | visitation or transition plan, or both, into the child's case | ||||||
20 | plan. For the purpose of this subsection, any determination as | ||||||
21 | to the child's best interests shall include consideration of | ||||||
22 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
23 | Juvenile Court Act of 1987.
| ||||||
24 | The Department may not place a child with a relative, with | ||||||
25 | the exception of
certain circumstances which may be waived as | ||||||
26 | defined by the Department in
rules, if the results of a check |
| |||||||
| |||||||
1 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
2 | a prior criminal conviction of the relative or
any adult member | ||||||
3 | of the relative's household for any of the following offenses
| ||||||
4 | under the Criminal Code of 1961:
| ||||||
5 | (1) murder;
| ||||||
6 | (1.1) solicitation of murder;
| ||||||
7 | (1.2) solicitation of murder for hire;
| ||||||
8 | (1.3) intentional homicide of an unborn child;
| ||||||
9 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
10 | (1.5) involuntary manslaughter;
| ||||||
11 | (1.6) reckless homicide;
| ||||||
12 | (1.7) concealment of a homicidal death;
| ||||||
13 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
14 | (1.9) reckless homicide of an unborn child;
| ||||||
15 | (1.10) drug-induced homicide;
| ||||||
16 | (2) a sex offense under Article 11, except offenses | ||||||
17 | described in Sections
11-7, 11-8, 11-12, and 11-13;
| ||||||
18 | (3) kidnapping;
| ||||||
19 | (3.1) aggravated unlawful restraint;
| ||||||
20 | (3.2) forcible detention;
| ||||||
21 | (3.3) aiding and abetting child abduction;
| ||||||
22 | (4) aggravated kidnapping;
| ||||||
23 | (5) child abduction;
| ||||||
24 | (6) aggravated battery of a child as described in | ||||||
25 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 ;
| ||||||
26 | (7) criminal sexual assault;
|
| |||||||
| |||||||
1 | (8) aggravated criminal sexual assault;
| ||||||
2 | (8.1) predatory criminal sexual assault of a child;
| ||||||
3 | (9) criminal sexual abuse;
| ||||||
4 | (10) aggravated sexual abuse;
| ||||||
5 | (11) heinous battery as described in Section 12-4.1 or | ||||||
6 | subdivision (a)(2) of Section 12-3.05 ;
| ||||||
7 | (12) aggravated battery with a firearm as described in | ||||||
8 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
9 | (e)(4) of Section 12-3.05 ;
| ||||||
10 | (13) tampering with food, drugs, or cosmetics;
| ||||||
11 | (14) drug-induced infliction of great bodily harm as | ||||||
12 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
13 | Section 12-3.05 ;
| ||||||
14 | (15) aggravated stalking;
| ||||||
15 | (16) home invasion;
| ||||||
16 | (17) vehicular invasion;
| ||||||
17 | (18) criminal transmission of HIV;
| ||||||
18 | (19) criminal abuse or neglect of an elderly or | ||||||
19 | disabled person as described in Section 12-21 or subsection | ||||||
20 | (b) of Section 12-4.4a ;
| ||||||
21 | (20) child abandonment;
| ||||||
22 | (21) endangering the life or health of a child;
| ||||||
23 | (22) ritual mutilation;
| ||||||
24 | (23) ritualized abuse of a child;
| ||||||
25 | (24) an offense in any other state the elements of | ||||||
26 | which are similar and
bear a substantial relationship to |
| |||||||
| |||||||
1 | any of the foregoing offenses.
| ||||||
2 | For the purpose of this subsection, "relative" shall include
| ||||||
3 | any person, 21 years of age or over, other than the parent, who | ||||||
4 | (i) is
currently related to the child in any of the following | ||||||
5 | ways by blood or
adoption: grandparent, sibling, | ||||||
6 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
7 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
8 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
9 | step-father, step-mother, or adult
step-brother or | ||||||
10 | step-sister; "relative" also includes a person related in any
| ||||||
11 | of the foregoing ways to a sibling of a child, even though the | ||||||
12 | person is not
related to the child, when the
child and its | ||||||
13 | sibling are placed together with that person. For children who | ||||||
14 | have been in the guardianship of the Department, have been | ||||||
15 | adopted, and are subsequently returned to the temporary custody | ||||||
16 | or guardianship of the Department, a "relative" may also | ||||||
17 | include any person who would have qualified as a relative under | ||||||
18 | this paragraph prior to the adoption, but only if the | ||||||
19 | Department determines, and documents, that it would be in the | ||||||
20 | child's best interests to consider this person a relative, | ||||||
21 | based upon the factors for determining best interests set forth | ||||||
22 | in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||||||
23 | of 1987. A relative with
whom a child is placed pursuant to | ||||||
24 | this subsection may, but is not required to,
apply for | ||||||
25 | licensure as a foster family home pursuant to the Child Care | ||||||
26 | Act of
1969; provided, however, that as of July 1, 1995, foster |
| |||||||
| |||||||
1 | care payments shall be
made only to licensed foster family | ||||||
2 | homes pursuant to the terms of Section 5 of
this Act.
| ||||||
3 | (c) In placing a child under this Act, the Department shall | ||||||
4 | ensure that
the child's health, safety, and best interests are | ||||||
5 | met.
In rejecting placement of a child with an identified | ||||||
6 | relative, the Department shall ensure that the child's health, | ||||||
7 | safety, and best interests are met. In evaluating the best | ||||||
8 | interests of the child, the Department shall take into | ||||||
9 | consideration the factors set forth in subsection (4.05) of | ||||||
10 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
11 | The Department shall consider the individual needs of the
| ||||||
12 | child and the capacity of the prospective foster or adoptive
| ||||||
13 | parents to meet the needs of the child. When a child must be | ||||||
14 | placed
outside his or her home and cannot be immediately | ||||||
15 | returned to his or her
parents or guardian, a comprehensive, | ||||||
16 | individualized assessment shall be
performed of that child at | ||||||
17 | which time the needs of the child shall be
determined. Only if | ||||||
18 | race, color, or national origin is identified as a
legitimate | ||||||
19 | factor in advancing the child's best interests shall it be
| ||||||
20 | considered. Race, color, or national origin shall not be | ||||||
21 | routinely
considered in making a placement decision. The | ||||||
22 | Department shall make
special
efforts for the diligent | ||||||
23 | recruitment of potential foster and adoptive families
that | ||||||
24 | reflect the ethnic and racial diversity of the children for | ||||||
25 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
26 | shall include contacting and
working with community |
| |||||||
| |||||||
1 | organizations and religious organizations and may
include | ||||||
2 | contracting with those organizations, utilizing local media | ||||||
3 | and other
local resources, and conducting outreach activities.
| ||||||
4 | (c-1) At the time of placement, the Department shall | ||||||
5 | consider concurrent
planning, as described in subsection (l-1) | ||||||
6 | of Section 5, so that permanency may
occur at the earliest | ||||||
7 | opportunity. Consideration should be given so that if
| ||||||
8 | reunification fails or is delayed, the placement made is the | ||||||
9 | best available
placement to provide permanency for the child.
| ||||||
10 | (d) The Department may accept gifts, grants, offers of | ||||||
11 | services, and
other contributions to use in making special | ||||||
12 | recruitment efforts.
| ||||||
13 | (e) The Department in placing children in adoptive or | ||||||
14 | foster care homes
may not, in any policy or practice relating | ||||||
15 | to the placement of children for
adoption or foster care, | ||||||
16 | discriminate against any child or prospective adoptive
or | ||||||
17 | foster parent on the basis of race.
| ||||||
18 | (Source: P.A. 94-880, eff. 8-1-06.)
| ||||||
19 | Section 905. The Criminal Identification Act is amended by | ||||||
20 | changing Sections 2.1 and 5.2 as follows:
| ||||||
21 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||||||
22 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
23 | accurate
criminal records of the Department of State Police, it | ||||||
24 | is necessary for all
policing bodies of this State, the clerk |
| |||||||
| |||||||
1 | of the circuit court, the Illinois
Department of Corrections, | ||||||
2 | the sheriff of each county, and State's Attorney
of each county | ||||||
3 | to submit certain criminal arrest, charge, and disposition
| ||||||
4 | information to the Department for filing at the earliest time | ||||||
5 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
6 | of all policing bodies
of this State, the clerk of the circuit | ||||||
7 | court, the Illinois Department of
Corrections, the sheriff of | ||||||
8 | each county, and the State's Attorney of each
county to report | ||||||
9 | such information as provided in this Section, both in the
form | ||||||
10 | and manner required by the Department and within 30 days of the
| ||||||
11 | criminal history event. Specifically:
| ||||||
12 | (a) Arrest Information. All agencies making arrests for | ||||||
13 | offenses which
are required by statute to be collected, | ||||||
14 | maintained or disseminated by the
Department of State Police | ||||||
15 | shall be responsible
for furnishing daily to the Department | ||||||
16 | fingerprints, charges and
descriptions of all persons who are | ||||||
17 | arrested for such offenses. All such
agencies shall also notify | ||||||
18 | the Department of all decisions by the arresting
agency not to | ||||||
19 | refer
such arrests for prosecution. With approval of the | ||||||
20 | Department, an agency
making such arrests may enter into
| ||||||
21 | arrangements with other agencies for the purpose of furnishing | ||||||
22 | daily such
fingerprints, charges and descriptions to the | ||||||
23 | Department upon its behalf.
| ||||||
24 | (b) Charge Information. The State's Attorney of each county | ||||||
25 | shall notify
the Department of all charges filed and all | ||||||
26 | petitions filed alleging that a
minor is delinquent, including |
| |||||||
| |||||||
1 | all those added subsequent
to the filing of a case, and whether | ||||||
2 | charges were not filed
in cases for which the Department has | ||||||
3 | received information
required to be reported pursuant to | ||||||
4 | paragraph (a) of this Section.
With approval of the Department, | ||||||
5 | the State's Attorney may enter into
arrangements with other | ||||||
6 | agencies for the
purpose of furnishing the information required | ||||||
7 | by this subsection (b) to the
Department upon the State's | ||||||
8 | Attorney's behalf.
| ||||||
9 | (c) Disposition Information. The clerk of the circuit court | ||||||
10 | of each county
shall furnish the Department, in the form and | ||||||
11 | manner required by the Supreme
Court, with all final | ||||||
12 | dispositions of cases for which the Department
has received | ||||||
13 | information required to be reported pursuant to paragraph (a)
| ||||||
14 | or (d) of this Section. Such information shall include, for | ||||||
15 | each charge,
all (1) judgments of not guilty, judgments of | ||||||
16 | guilty including the sentence
pronounced by the court,
findings | ||||||
17 | that a minor is delinquent
and any sentence made based on those | ||||||
18 | findings,
discharges and dismissals in the court; (2)
reviewing | ||||||
19 | court orders filed with the clerk of the circuit court which
| ||||||
20 | reverse or remand a reported conviction
or findings that a | ||||||
21 | minor is delinquent
or that vacate or modify a sentence
or | ||||||
22 | sentence made following a trial that a minor is
delinquent;
(3)
| ||||||
23 | continuances to a date certain in furtherance of an order of | ||||||
24 | supervision
granted under Section 5-6-1 of the Unified Code of | ||||||
25 | Corrections or an order
of probation granted under Section 10 | ||||||
26 | of the Cannabis Control Act, Section
410 of the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
2 | Control and Community Protection Act, Section 12-4.3 or | ||||||
3 | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of | ||||||
4 | 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug | ||||||
5 | Dependency Act, Section 40-10 of the Alcoholism and Other Drug
| ||||||
6 | Abuse and Dependency Act, Section 10 of the Steroid Control | ||||||
7 | Act, or
Section 5-615 of the Juvenile Court Act of 1987; and
| ||||||
8 | (4) judgments or court orders terminating or revoking a | ||||||
9 | sentence
to or juvenile disposition of probation, supervision | ||||||
10 | or conditional
discharge and any resentencing
or new court | ||||||
11 | orders entered by a juvenile court relating to the disposition
| ||||||
12 | of a minor's case involving delinquency
after such revocation.
| ||||||
13 | (d) Fingerprints After Sentencing.
| ||||||
14 | (1) After the court pronounces sentence,
sentences a | ||||||
15 | minor following a trial in which a minor was found to be
| ||||||
16 | delinquent
or issues an order of supervision or an order of | ||||||
17 | probation granted under
Section 10 of the Cannabis Control | ||||||
18 | Act, Section 410 of the Illinois
Controlled Substances Act, | ||||||
19 | Section 70 of the Methamphetamine Control and Community | ||||||
20 | Protection Act, Section 12-4.3 or subdivision (b)(1) of | ||||||
21 | Section 12-3.05 of the Criminal Code of
1961, Section | ||||||
22 | 10-102 of the Illinois Alcoholism and Other Drug Dependency
| ||||||
23 | Act, Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
24 | and Dependency
Act, Section 10 of the Steroid Control Act, | ||||||
25 | or Section
5-615 of
the Juvenile Court Act of 1987 for any | ||||||
26 | offense which
is required by statute to be collected,
|
| |||||||
| |||||||
1 | maintained, or disseminated by the Department of State | ||||||
2 | Police, the State's
Attorney of each county shall ask the | ||||||
3 | court to order a law enforcement
agency to fingerprint | ||||||
4 | immediately all persons appearing before the court
who have | ||||||
5 | not previously been fingerprinted for the same case. The | ||||||
6 | court
shall so order the requested fingerprinting, if it | ||||||
7 | determines that any such
person has not previously been | ||||||
8 | fingerprinted for the same case. The law
enforcement agency | ||||||
9 | shall submit such fingerprints to the Department daily.
| ||||||
10 | (2) After the court pronounces sentence or makes a | ||||||
11 | disposition of a case
following a finding of delinquency | ||||||
12 | for any offense which is not
required by statute to be | ||||||
13 | collected, maintained, or disseminated by the
Department | ||||||
14 | of State Police, the prosecuting attorney may ask the court | ||||||
15 | to
order a law enforcement agency to fingerprint | ||||||
16 | immediately all persons
appearing before the court who have | ||||||
17 | not previously been fingerprinted for
the same case. The | ||||||
18 | court may so order the requested fingerprinting, if it
| ||||||
19 | determines that any so sentenced person has not previously | ||||||
20 | been
fingerprinted for the same case. The law enforcement | ||||||
21 | agency may retain
such fingerprints in its files.
| ||||||
22 | (e) Corrections Information. The Illinois Department of | ||||||
23 | Corrections and
the sheriff of each county shall furnish the | ||||||
24 | Department with all information
concerning the receipt, | ||||||
25 | escape, execution, death, release, pardon, parole,
commutation | ||||||
26 | of sentence, granting of executive clemency or discharge of
an |
| |||||||
| |||||||
1 | individual who has been sentenced or committed to the agency's | ||||||
2 | custody
for any offenses
which are mandated by statute to be | ||||||
3 | collected, maintained or disseminated
by the Department of | ||||||
4 | State Police. For an individual who has been charged
with any | ||||||
5 | such offense and who escapes from custody or dies while in
| ||||||
6 | custody, all information concerning the receipt and escape or | ||||||
7 | death,
whichever is appropriate, shall also be so furnished to | ||||||
8 | the Department.
| ||||||
9 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
10 | (20 ILCS 2630/5.2) | ||||||
11 | Sec. 5.2. Expungement and sealing. | ||||||
12 | (a) General Provisions. | ||||||
13 | (1) Definitions. In this Act, words and phrases have
| ||||||
14 | the meanings set forth in this subsection, except when a
| ||||||
15 | particular context clearly requires a different meaning. | ||||||
16 | (A) The following terms shall have the meanings | ||||||
17 | ascribed to them in the Unified Code of Corrections, | ||||||
18 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
19 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
20 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
21 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
22 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
23 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
24 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
25 | (vii) Judgment (730 ILCS 5/5-1-12), |
| |||||||
| |||||||
1 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
2 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
3 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
4 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
5 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
6 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
7 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
8 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
9 | (B) As used in this Section, "charge not initiated | ||||||
10 | by arrest" means a charge (as defined by 730 ILCS | ||||||
11 | 5/5-1-3) brought against a defendant where the | ||||||
12 | defendant is not arrested prior to or as a direct | ||||||
13 | result of the charge. | ||||||
14 | (C) "Conviction" means a judgment of conviction or | ||||||
15 | sentence entered upon a plea of guilty or upon a | ||||||
16 | verdict or finding of guilty of an offense, rendered by | ||||||
17 | a legally constituted jury or by a court of competent | ||||||
18 | jurisdiction authorized to try the case without a jury. | ||||||
19 | An order of supervision successfully completed by the | ||||||
20 | petitioner is not a conviction. An order of qualified | ||||||
21 | probation (as defined in subsection (a)(1)(J)) | ||||||
22 | successfully completed by the petitioner is not a | ||||||
23 | conviction. An order of supervision or an order of | ||||||
24 | qualified probation that is terminated | ||||||
25 | unsatisfactorily is a conviction, unless the | ||||||
26 | unsatisfactory termination is reversed, vacated, or |
| |||||||
| |||||||
1 | modified and the judgment of conviction, if any, is | ||||||
2 | reversed or vacated. | ||||||
3 | (D) "Criminal offense" means a petty offense, | ||||||
4 | business offense, misdemeanor, felony, or municipal | ||||||
5 | ordinance violation (as defined in subsection | ||||||
6 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
7 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
8 | be considered a criminal offense. | ||||||
9 | (E) "Expunge" means to physically destroy the | ||||||
10 | records or return them to the petitioner and to | ||||||
11 | obliterate the petitioner's name from any official | ||||||
12 | index or public record, or both. Nothing in this Act | ||||||
13 | shall require the physical destruction of the circuit | ||||||
14 | court file, but such records relating to arrests or | ||||||
15 | charges, or both, ordered expunged shall be impounded | ||||||
16 | as required by subsections (d)(9)(A)(ii) and | ||||||
17 | (d)(9)(B)(ii). | ||||||
18 | (F) As used in this Section, "last sentence" means | ||||||
19 | the sentence, order of supervision, or order of | ||||||
20 | qualified probation (as defined by subsection | ||||||
21 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
22 | subsection (a)(1)(D)) that terminates last in time in | ||||||
23 | any jurisdiction, regardless of whether the petitioner | ||||||
24 | has included the criminal offense for which the | ||||||
25 | sentence or order of supervision or qualified | ||||||
26 | probation was imposed in his or her petition. If |
| |||||||
| |||||||
1 | multiple sentences, orders of supervision, or orders | ||||||
2 | of qualified probation terminate on the same day and | ||||||
3 | are last in time, they shall be collectively considered | ||||||
4 | the "last sentence" regardless of whether they were | ||||||
5 | ordered to run concurrently. | ||||||
6 | (G) "Minor traffic offense" means a petty offense, | ||||||
7 | business offense, or Class C misdemeanor under the | ||||||
8 | Illinois Vehicle Code or a similar provision of a | ||||||
9 | municipal or local ordinance. | ||||||
10 | (H) "Municipal ordinance violation" means an | ||||||
11 | offense defined by a municipal or local ordinance that | ||||||
12 | is criminal in nature and with which the petitioner was | ||||||
13 | charged or for which the petitioner was arrested and | ||||||
14 | released without charging. | ||||||
15 | (I) "Petitioner" means an adult or a minor | ||||||
16 | prosecuted as an
adult who has applied for relief under | ||||||
17 | this Section. | ||||||
18 | (J) "Qualified probation" means an order of | ||||||
19 | probation under Section 10 of the Cannabis Control Act, | ||||||
20 | Section 410 of the Illinois Controlled Substances Act, | ||||||
21 | Section 70 of the Methamphetamine Control and | ||||||
22 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
23 | of the Criminal Code of 1961 (as those provisions | ||||||
24 | existed before their deletion by Public Act 89-313), | ||||||
25 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
26 | Drug Dependency Act, Section 40-10 of the Alcoholism |
| |||||||
| |||||||
1 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
2 | of the Steroid Control Act. For the purpose of this | ||||||
3 | Section, "successful completion" of an order of | ||||||
4 | qualified probation under Section 10-102 of the | ||||||
5 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
6 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
7 | and Dependency Act means that the probation was | ||||||
8 | terminated satisfactorily and the judgment of | ||||||
9 | conviction was vacated. | ||||||
10 | (K) "Seal" means to physically and electronically | ||||||
11 | maintain the records, unless the records would | ||||||
12 | otherwise be destroyed due to age, but to make the | ||||||
13 | records unavailable without a court order, subject to | ||||||
14 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
15 | petitioner's name shall also be obliterated from the | ||||||
16 | official index required to be kept by the circuit court | ||||||
17 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
18 | any index issued by the circuit court clerk before the | ||||||
19 | entry of the order to seal shall not be affected. | ||||||
20 | (L) "Sexual offense committed against a minor" | ||||||
21 | includes but is
not limited to the offenses of indecent | ||||||
22 | solicitation of a child
or criminal sexual abuse when | ||||||
23 | the victim of such offense is
under 18 years of age. | ||||||
24 | (M) "Terminate" as it relates to a sentence or | ||||||
25 | order of supervision or qualified probation includes | ||||||
26 | either satisfactory or unsatisfactory termination of |
| |||||||
| |||||||
1 | the sentence, unless otherwise specified in this | ||||||
2 | Section. | ||||||
3 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
4 | convictions for minor traffic offenses shall not affect a | ||||||
5 | petitioner's eligibility to expunge or seal records | ||||||
6 | pursuant to this Section. | ||||||
7 | (3) Exclusions. Except as otherwise provided in | ||||||
8 | subsections (b)(5), (b)(6), and (e) of this Section, the | ||||||
9 | court shall not order: | ||||||
10 | (A) the sealing or expungement of the records of | ||||||
11 | arrests or charges not initiated by arrest that result | ||||||
12 | in an order of supervision for or conviction of:
(i) | ||||||
13 | any sexual offense committed against a
minor; (ii) | ||||||
14 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance; or (iii) | ||||||
16 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local ordinance. | ||||||
18 | (B) the sealing or expungement of records of minor | ||||||
19 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
20 | unless the petitioner was arrested and released | ||||||
21 | without charging. | ||||||
22 | (C) the sealing of the records of arrests or | ||||||
23 | charges not initiated by arrest which result in an | ||||||
24 | order of supervision, an order of qualified probation | ||||||
25 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
26 | for the following offenses: |
| |||||||
| |||||||
1 | (i) offenses included in Article 11 of the | ||||||
2 | Criminal Code of 1961 or a similar provision of a | ||||||
3 | local ordinance, except Section 11-14 of the | ||||||
4 | Criminal Code of 1961 or a similar provision of a | ||||||
5 | local ordinance; | ||||||
6 | (ii) Section 12-3.4, 12-15, 12-30, or 26-5 of | ||||||
7 | the Criminal Code of 1961 or a similar provision of | ||||||
8 | a local ordinance; | ||||||
9 | (iii) offenses defined as "crimes of violence" | ||||||
10 | in Section 2 of the Crime Victims Compensation Act | ||||||
11 | or a similar provision of a local ordinance; | ||||||
12 | (iv) offenses which are Class A misdemeanors | ||||||
13 | under the Humane Care for Animals Act; or | ||||||
14 | (v) any offense or attempted offense that | ||||||
15 | would subject a person to registration under the | ||||||
16 | Sex Offender Registration Act. | ||||||
17 | (D) the sealing of the records of an arrest which | ||||||
18 | results in
the petitioner being charged with a felony | ||||||
19 | offense or records of a charge not initiated by arrest | ||||||
20 | for a felony offense, regardless of the disposition, | ||||||
21 | unless: | ||||||
22 | (i) the charge is amended to a misdemeanor and | ||||||
23 | is otherwise
eligible to be sealed pursuant to | ||||||
24 | subsection (c); | ||||||
25 | (ii) the charge results in first offender | ||||||
26 | probation as set forth in subsection (c)(2)(E); or |
| |||||||
| |||||||
1 | (iii) the charge is for a Class 4 felony | ||||||
2 | offense listed in subsection (c)(2)(F) or the | ||||||
3 | charge is amended to a Class 4 felony offense | ||||||
4 | listed in subsection (c)(2)(F). Records of arrests | ||||||
5 | which result in the petitioner being charged with a | ||||||
6 | Class 4 felony offense listed in subsection | ||||||
7 | (c)(2)(F), records of charges not initiated by | ||||||
8 | arrest for Class 4 felony offenses listed in | ||||||
9 | subsection (c)(2)(F), and records of charges | ||||||
10 | amended to a Class 4 felony offense listed in | ||||||
11 | (c)(2)(F) may be sealed, regardless of the | ||||||
12 | disposition, subject to any waiting periods set | ||||||
13 | forth in subsection (c)(3). | ||||||
14 | (b) Expungement. | ||||||
15 | (1) A petitioner may petition the circuit court to | ||||||
16 | expunge the
records of his or her arrests and charges not | ||||||
17 | initiated by arrest when: | ||||||
18 | (A) He or she has never been convicted of a | ||||||
19 | criminal offense; and | ||||||
20 | (B) Each arrest or charge not initiated by arrest
| ||||||
21 | sought to be expunged resulted in:
(i) acquittal, | ||||||
22 | dismissal, or the petitioner's release without | ||||||
23 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
24 | (ii) a conviction which was vacated or reversed, unless | ||||||
25 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
26 | supervision and such supervision was successfully |
| |||||||
| |||||||
1 | completed by the petitioner, unless excluded by | ||||||
2 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
3 | qualified probation (as defined in subsection | ||||||
4 | (a)(1)(J)) and such probation was successfully | ||||||
5 | completed by the petitioner. | ||||||
6 | (2) Time frame for filing a petition to expunge. | ||||||
7 | (A) When the arrest or charge not initiated by | ||||||
8 | arrest sought to be expunged resulted in an acquittal, | ||||||
9 | dismissal, the petitioner's release without charging, | ||||||
10 | or the reversal or vacation of a conviction, there is | ||||||
11 | no waiting period to petition for the expungement of | ||||||
12 | such records. | ||||||
13 | (B) When the arrest or charge not initiated by | ||||||
14 | arrest
sought to be expunged resulted in an order of | ||||||
15 | supervision, successfully
completed by the petitioner, | ||||||
16 | the following time frames will apply: | ||||||
17 | (i) Those arrests or charges that resulted in | ||||||
18 | orders of
supervision under Section 3-707, 3-708, | ||||||
19 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance, or under | ||||||
21 | Section 12-3.2, 12-15 or 16A-3 of the Criminal Code | ||||||
22 | of 1961, shall not be eligible for expungement | ||||||
23 | until 5 years have passed following the | ||||||
24 | satisfactory termination of the supervision. | ||||||
25 | (ii) Those arrests or charges that resulted in | ||||||
26 | orders
of supervision for any other offenses shall |
| |||||||
| |||||||
1 | not be
eligible for expungement until 2 years have | ||||||
2 | passed
following the satisfactory termination of | ||||||
3 | the supervision. | ||||||
4 | (C) When the arrest or charge not initiated by | ||||||
5 | arrest sought to
be expunged resulted in an order of | ||||||
6 | qualified probation, successfully
completed by the | ||||||
7 | petitioner, such records shall not be eligible for
| ||||||
8 | expungement until 5 years have passed following the | ||||||
9 | satisfactory
termination of the probation. | ||||||
10 | (3) Those records maintained by the Department for
| ||||||
11 | persons arrested prior to their 17th birthday shall be
| ||||||
12 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
13 | Act of 1987. | ||||||
14 | (4) Whenever a person has been arrested for or | ||||||
15 | convicted of any
offense, in the name of a person whose | ||||||
16 | identity he or she has stolen or otherwise
come into | ||||||
17 | possession of, the aggrieved person from whom the identity
| ||||||
18 | was stolen or otherwise obtained without authorization,
| ||||||
19 | upon learning of the person having been arrested using his
| ||||||
20 | or her identity, may, upon verified petition to the chief | ||||||
21 | judge of
the circuit wherein the arrest was made, have a | ||||||
22 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
23 | correct the
arrest record, conviction record, if any, and | ||||||
24 | all official
records of the arresting authority, the | ||||||
25 | Department, other
criminal justice agencies, the | ||||||
26 | prosecutor, and the trial
court concerning such arrest, if |
| |||||||
| |||||||
1 | any, by removing his or her name
from all such records in | ||||||
2 | connection with the arrest and
conviction, if any, and by | ||||||
3 | inserting in the records the
name of the offender, if known | ||||||
4 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
5 | records of the circuit court clerk shall be sealed until | ||||||
6 | further order of
the court upon good cause shown and the | ||||||
7 | name of the
aggrieved person obliterated on the official | ||||||
8 | index
required to be kept by the circuit court clerk under
| ||||||
9 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
10 | not affect any index issued by the circuit court clerk
| ||||||
11 | before the entry of the order. Nothing in this Section
| ||||||
12 | shall limit the Department of State Police or other
| ||||||
13 | criminal justice agencies or prosecutors from listing
| ||||||
14 | under an offender's name the false names he or she has
| ||||||
15 | used. | ||||||
16 | (5) Whenever a person has been convicted of criminal
| ||||||
17 | sexual assault, aggravated criminal sexual assault,
| ||||||
18 | predatory criminal sexual assault of a child, criminal
| ||||||
19 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
20 | victim of that offense may request that the State's
| ||||||
21 | Attorney of the county in which the conviction occurred
| ||||||
22 | file a verified petition with the presiding trial judge at
| ||||||
23 | the petitioner's trial to have a court order entered to | ||||||
24 | seal
the records of the circuit court clerk in connection
| ||||||
25 | with the proceedings of the trial court concerning that
| ||||||
26 | offense. However, the records of the arresting authority
|
| |||||||
| |||||||
1 | and the Department of State Police concerning the offense
| ||||||
2 | shall not be sealed. The court, upon good cause shown,
| ||||||
3 | shall make the records of the circuit court clerk in
| ||||||
4 | connection with the proceedings of the trial court
| ||||||
5 | concerning the offense available for public inspection. | ||||||
6 | (6) If a conviction has been set aside on direct review
| ||||||
7 | or on collateral attack and the court determines by clear
| ||||||
8 | and convincing evidence that the petitioner was factually
| ||||||
9 | innocent of the charge, the court shall enter an
| ||||||
10 | expungement order as provided in subsection (b) of Section
| ||||||
11 | 5-5-4 of the Unified Code of Corrections. | ||||||
12 | (7) Nothing in this Section shall prevent the | ||||||
13 | Department of
State Police from maintaining all records of | ||||||
14 | any person who
is admitted to probation upon terms and | ||||||
15 | conditions and who
fulfills those terms and conditions | ||||||
16 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
17 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
18 | of the
Methamphetamine Control and Community Protection | ||||||
19 | Act,
Section 12-4.3 or subdivision (b)(1) of Section | ||||||
20 | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | ||||||
21 | Illinois Alcoholism and Other Drug Dependency Act,
Section | ||||||
22 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
23 | Act, or Section 10 of the Steroid Control Act. | ||||||
24 | (c) Sealing. | ||||||
25 | (1) Applicability. Notwithstanding any other provision | ||||||
26 | of this Act to the contrary, and cumulative with any rights |
| |||||||
| |||||||
1 | to expungement of criminal records, this subsection | ||||||
2 | authorizes the sealing of criminal records of adults and of | ||||||
3 | minors prosecuted as adults. | ||||||
4 | (2) Eligible Records. The following records may be | ||||||
5 | sealed: | ||||||
6 | (A) All arrests resulting in release without | ||||||
7 | charging; | ||||||
8 | (B) Arrests or charges not initiated by arrest | ||||||
9 | resulting in acquittal, dismissal, or conviction when | ||||||
10 | the conviction was reversed or vacated, except as | ||||||
11 | excluded by subsection (a)(3)(B) or (a)(3)(D); | ||||||
12 | (C) Arrests or charges not initiated by arrest | ||||||
13 | resulting in orders of supervision successfully | ||||||
14 | completed by the petitioner, unless excluded by | ||||||
15 | subsection (a)(3); | ||||||
16 | (D) Arrests or charges not initiated by arrest | ||||||
17 | resulting in convictions unless excluded by subsection | ||||||
18 | (a)(3); | ||||||
19 | (E) Arrests or charges not initiated by arrest | ||||||
20 | resulting in orders of first offender probation under | ||||||
21 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
22 | the Illinois Controlled Substances Act, or Section 70 | ||||||
23 | of the Methamphetamine Control and Community | ||||||
24 | Protection Act; and | ||||||
25 | (F) Arrests or charges not initiated by arrest | ||||||
26 | resulting in Class 4 felony convictions for the |
| |||||||
| |||||||
1 | following offenses: | ||||||
2 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
3 | (ii) Section 4 of the Cannabis Control Act; | ||||||
4 | (iii) Section 402 of the Illinois Controlled | ||||||
5 | Substances Act; | ||||||
6 | (iv) the Methamphetamine Precursor Control | ||||||
7 | Act; and | ||||||
8 | (v) the Steroid Control Act. | ||||||
9 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
10 | identified as eligible under subsection (c)(2) may be | ||||||
11 | sealed as follows: | ||||||
12 | (A) Records identified as eligible under | ||||||
13 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
14 | time. | ||||||
15 | (B) Records identified as eligible under | ||||||
16 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
17 | the termination of petitioner's last sentence (as | ||||||
18 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
19 | never been convicted of a criminal offense (as defined | ||||||
20 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
21 | termination of the petitioner's last sentence (as | ||||||
22 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
23 | ever been convicted of a criminal offense (as defined | ||||||
24 | in subsection (a)(1)(D)). | ||||||
25 | (C) Records identified as eligible under | ||||||
26 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
| |||||||
| |||||||
1 | sealed 4 years after the termination of the | ||||||
2 | petitioner's last sentence (as defined in subsection | ||||||
3 | (a)(1)(F)). | ||||||
4 | (4) Subsequent felony convictions. A person may not | ||||||
5 | have
subsequent felony conviction records sealed as | ||||||
6 | provided in this subsection
(c) if he or she is convicted | ||||||
7 | of any felony offense after the date of the
sealing of | ||||||
8 | prior felony convictions as provided in this subsection | ||||||
9 | (c). The court may, upon conviction for a subsequent felony | ||||||
10 | offense, order the unsealing of prior felony conviction | ||||||
11 | records previously ordered sealed by the court. | ||||||
12 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
13 | disposition for an eligible record under this subsection | ||||||
14 | (c), the petitioner shall be informed by the court of the | ||||||
15 | right to have the records sealed and the procedures for the | ||||||
16 | sealing of the records. | ||||||
17 | (d) Procedure. The following procedures apply to | ||||||
18 | expungement under subsections (b) and (e), and sealing under | ||||||
19 | subsection (c): | ||||||
20 | (1) Filing the petition. Upon becoming eligible to | ||||||
21 | petition for
the expungement or sealing of records under | ||||||
22 | this Section, the petitioner shall file a petition | ||||||
23 | requesting the expungement
or sealing of records with the | ||||||
24 | clerk of the court where the arrests occurred or the | ||||||
25 | charges were brought, or both. If arrests occurred or | ||||||
26 | charges were brought in multiple jurisdictions, a petition |
| |||||||
| |||||||
1 | must be filed in each such jurisdiction. The petitioner | ||||||
2 | shall pay the applicable fee, if not waived. | ||||||
3 | (2) Contents of petition. The petition shall be
| ||||||
4 | verified and shall contain the petitioner's name, date of
| ||||||
5 | birth, current address and, for each arrest or charge not | ||||||
6 | initiated by
arrest sought to be sealed or expunged, the | ||||||
7 | case number, the date of
arrest (if any), the identity of | ||||||
8 | the arresting authority, and such
other information as the | ||||||
9 | court may require. During the pendency
of the proceeding, | ||||||
10 | the petitioner shall promptly notify the
circuit court | ||||||
11 | clerk of any change of his or her address. | ||||||
12 | (3) Drug test. The petitioner must attach to the | ||||||
13 | petition proof that the petitioner has passed a test taken | ||||||
14 | within 30 days before the filing of the petition showing | ||||||
15 | the absence within his or her body of all illegal | ||||||
16 | substances as defined by the Illinois Controlled | ||||||
17 | Substances Act, the Methamphetamine Control and Community | ||||||
18 | Protection Act, and the Cannabis Control Act if he or she | ||||||
19 | is petitioning to seal felony records pursuant to clause | ||||||
20 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
21 | petitioning to expunge felony records of a qualified | ||||||
22 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
23 | (4) Service of petition. The circuit court clerk shall | ||||||
24 | promptly
serve a copy of the petition on the State's | ||||||
25 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
26 | the
offense, the Department of State Police, the arresting
|
| |||||||
| |||||||
1 | agency and the chief legal officer of the unit of local
| ||||||
2 | government effecting the arrest. | ||||||
3 | (5) Objections. | ||||||
4 | (A) Any party entitled to notice of the petition | ||||||
5 | may file an objection to the petition. All objections | ||||||
6 | shall be in writing, shall be filed with the circuit | ||||||
7 | court clerk, and shall state with specificity the basis | ||||||
8 | of the objection. | ||||||
9 | (B) Objections to a petition to expunge or seal | ||||||
10 | must be filed within 60 days of the date of service of | ||||||
11 | the petition. | ||||||
12 | (6) Entry of order. | ||||||
13 | (A) The Chief Judge of the circuit wherein the | ||||||
14 | charge was brought, any judge of that circuit | ||||||
15 | designated by the Chief Judge, or in counties of less | ||||||
16 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
17 | at the petitioner's trial, if any, shall rule on the | ||||||
18 | petition to expunge or seal as set forth in this | ||||||
19 | subsection (d)(6). | ||||||
20 | (B) Unless the State's Attorney or prosecutor, the | ||||||
21 | Department of
State Police, the arresting agency, or | ||||||
22 | the chief legal officer
files an objection to the | ||||||
23 | petition to expunge or seal within 60 days from the | ||||||
24 | date of service of the petition, the court shall enter | ||||||
25 | an order granting or denying the petition. | ||||||
26 | (7) Hearings. If an objection is filed, the court shall |
| |||||||
| |||||||
1 | set a date for a hearing and notify the petitioner and all | ||||||
2 | parties entitled to notice of the petition of the hearing | ||||||
3 | date at least 30 days prior to the hearing, and shall hear | ||||||
4 | evidence on whether the petition should or should not be | ||||||
5 | granted, and shall grant or deny the petition to expunge or | ||||||
6 | seal the records based on the evidence presented at the | ||||||
7 | hearing. | ||||||
8 | (8) Service of order. After entering an order to | ||||||
9 | expunge or
seal records, the court must provide copies of | ||||||
10 | the order to the
Department, in a form and manner | ||||||
11 | prescribed by the Department,
to the petitioner, to the | ||||||
12 | State's Attorney or prosecutor
charged with the duty of | ||||||
13 | prosecuting the offense, to the
arresting agency, to the | ||||||
14 | chief legal officer of the unit of
local government | ||||||
15 | effecting the arrest, and to such other
criminal justice | ||||||
16 | agencies as may be ordered by the court. | ||||||
17 | (9) Effect of order. | ||||||
18 | (A) Upon entry of an order to expunge records | ||||||
19 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
20 | (i) the records shall be expunged (as defined | ||||||
21 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
22 | the Department, and any other agency as ordered by | ||||||
23 | the court, within 60 days of the date of service of | ||||||
24 | the order, unless a motion to vacate, modify, or | ||||||
25 | reconsider the order is filed pursuant to | ||||||
26 | paragraph (12) of subsection (d) of this Section; |
| |||||||
| |||||||
1 | (ii) the records of the circuit court clerk | ||||||
2 | shall be impounded until further order of the court | ||||||
3 | upon good cause shown and the name of the | ||||||
4 | petitioner obliterated on the official index | ||||||
5 | required to be kept by the circuit court clerk | ||||||
6 | under Section 16 of the Clerks of Courts Act, but | ||||||
7 | the order shall not affect any index issued by the | ||||||
8 | circuit court clerk before the entry of the order; | ||||||
9 | and | ||||||
10 | (iii) in response to an inquiry for expunged | ||||||
11 | records, the court, the Department, or the agency | ||||||
12 | receiving such inquiry, shall reply as it does in | ||||||
13 | response to inquiries when no records ever | ||||||
14 | existed. | ||||||
15 | (B) Upon entry of an order to expunge records | ||||||
16 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
17 | (i) the records shall be expunged (as defined | ||||||
18 | in subsection (a)(1)(E)) by the arresting agency | ||||||
19 | and any other agency as ordered by the court, | ||||||
20 | within 60 days of the date of service of the order, | ||||||
21 | unless a motion to vacate, modify, or reconsider | ||||||
22 | the order is filed pursuant to paragraph (12) of | ||||||
23 | subsection (d) of this Section; | ||||||
24 | (ii) the records of the circuit court clerk | ||||||
25 | shall be impounded until further order of the court | ||||||
26 | upon good cause shown and the name of the |
| |||||||
| |||||||
1 | petitioner obliterated on the official index | ||||||
2 | required to be kept by the circuit court clerk | ||||||
3 | under Section 16 of the Clerks of Courts Act, but | ||||||
4 | the order shall not affect any index issued by the | ||||||
5 | circuit court clerk before the entry of the order; | ||||||
6 | (iii) the records shall be impounded by the
| ||||||
7 | Department within 60 days of the date of service of | ||||||
8 | the order as ordered by the court, unless a motion | ||||||
9 | to vacate, modify, or reconsider the order is filed | ||||||
10 | pursuant to paragraph (12) of subsection (d) of | ||||||
11 | this Section; | ||||||
12 | (iv) records impounded by the Department may | ||||||
13 | be disseminated by the Department only to the | ||||||
14 | arresting authority, the State's Attorney, and the | ||||||
15 | court upon a later arrest for the same or a similar | ||||||
16 | offense or for the purpose of sentencing for any | ||||||
17 | subsequent felony, and to the Department of | ||||||
18 | Corrections upon conviction for any offense; and | ||||||
19 | (v) in response to an inquiry for such records | ||||||
20 | from anyone not authorized by law to access such | ||||||
21 | records the court, the Department, or the agency | ||||||
22 | receiving such inquiry shall reply as it does in | ||||||
23 | response to inquiries when no records ever | ||||||
24 | existed. | ||||||
25 | (C) Upon entry of an order to seal records under | ||||||
26 | subsection
(c), the arresting agency, any other agency |
| |||||||
| |||||||
1 | as ordered by the court, the Department, and the court | ||||||
2 | shall seal the records (as defined in subsection | ||||||
3 | (a)(1)(K)). In response to an inquiry for such records | ||||||
4 | from anyone not authorized by law to access such | ||||||
5 | records the court, the Department, or the agency | ||||||
6 | receiving such inquiry shall reply as it does in | ||||||
7 | response to inquiries when no records ever existed. | ||||||
8 | (10) Fees. The Department may charge the petitioner a | ||||||
9 | fee equivalent to the cost of processing any order to | ||||||
10 | expunge or seal records. Notwithstanding any provision of | ||||||
11 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
12 | clerk may charge a fee equivalent to the cost associated | ||||||
13 | with the sealing or expungement of records by the circuit | ||||||
14 | court clerk. From the total filing fee collected for the | ||||||
15 | petition to seal or expunge, the circuit court clerk shall | ||||||
16 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
17 | Administrative Fund, to be used to offset the costs | ||||||
18 | incurred by the circuit court clerk in performing the | ||||||
19 | additional duties required to serve the petition to seal or | ||||||
20 | expunge on all parties. The circuit court clerk shall | ||||||
21 | collect and forward the Department of State Police portion | ||||||
22 | of the fee to the Department and it shall be deposited in | ||||||
23 | the State Police Services Fund. | ||||||
24 | (11) Final Order. No court order issued under the | ||||||
25 | expungement or sealing provisions of this Section shall | ||||||
26 | become final for purposes of appeal until 30 days after |
| |||||||
| |||||||
1 | service of the order on the petitioner and all parties | ||||||
2 | entitled to notice of the petition. | ||||||
3 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
4 | petitioner or any party entitled to notice may file a | ||||||
5 | motion to vacate, modify, or reconsider the order granting | ||||||
6 | or denying the petition to expunge or seal within 60 days | ||||||
7 | of service of the order. | ||||||
8 | (e) Whenever a person who has been convicted of an offense | ||||||
9 | is granted
a pardon by the Governor which specifically | ||||||
10 | authorizes expungement, he or she may,
upon verified petition | ||||||
11 | to the Chief Judge of the circuit where the person had
been | ||||||
12 | convicted, any judge of the circuit designated by the Chief | ||||||
13 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
14 | presiding trial judge at the
defendant's trial, have a court | ||||||
15 | order entered expunging the record of
arrest from the official | ||||||
16 | records of the arresting authority and order that the
records | ||||||
17 | of the circuit court clerk and the Department be sealed until
| ||||||
18 | further order of the court upon good cause shown or as | ||||||
19 | otherwise provided
herein, and the name of the defendant | ||||||
20 | obliterated from the official index
requested to be kept by the | ||||||
21 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
22 | Act in connection with the arrest and conviction for the | ||||||
23 | offense for
which he or she had been pardoned but the order | ||||||
24 | shall not affect any index issued by
the circuit court clerk | ||||||
25 | before the entry of the order. All records sealed by
the | ||||||
26 | Department may be disseminated by the Department only as |
| |||||||
| |||||||
1 | required by law or
to the arresting authority, the State's | ||||||
2 | Attorney, and the court upon a later
arrest for the same or | ||||||
3 | similar offense or for the purpose of sentencing for any
| ||||||
4 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
5 | the Department
of Corrections shall have access to all sealed | ||||||
6 | records of the Department
pertaining to that individual. Upon | ||||||
7 | entry of the order of expungement, the
circuit court clerk | ||||||
8 | shall promptly mail a copy of the order to the
person who was | ||||||
9 | pardoned. | ||||||
10 | (f) Subject to available funding, the Illinois Department
| ||||||
11 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
12 | especially on employment and recidivism rates, utilizing a
| ||||||
13 | random sample of those who apply for the sealing of their
| ||||||
14 | criminal records under Public Act 93-211. At the request of the
| ||||||
15 | Illinois Department of Corrections, records of the Illinois
| ||||||
16 | Department of Employment Security shall be utilized as
| ||||||
17 | appropriate to assist in the study. The study shall not
| ||||||
18 | disclose any data in a manner that would allow the
| ||||||
19 | identification of any particular individual or employing unit.
| ||||||
20 | The study shall be made available to the General Assembly no
| ||||||
21 | later than September 1, 2010.
| ||||||
22 | (Source: P.A. 96-409, eff. 1-1-10.) | ||||||
23 | Section 910. The Illinois Uniform Conviction Information | ||||||
24 | Act is amended by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||||||
2 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
3 | purposes
of this Act, unless the context clearly indicates | ||||||
4 | otherwise:
| ||||||
5 | (A) "Accurate" means factually correct, containing no | ||||||
6 | mistake or error
of a material nature.
| ||||||
7 | (B) The phrase "administer the criminal laws" includes any | ||||||
8 | of the
following activities: intelligence gathering, | ||||||
9 | surveillance, criminal
investigation, crime detection and | ||||||
10 | prevention (including research),
apprehension, detention, | ||||||
11 | pretrial or post-trial release, prosecution, the
correctional | ||||||
12 | supervision or rehabilitation of accused persons or criminal
| ||||||
13 | offenders, criminal identification activities, or the | ||||||
14 | collection,
maintenance or dissemination of criminal history | ||||||
15 | record information.
| ||||||
16 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
17 | Information
Authority.
| ||||||
18 | (D) "Automated" means the utilization of computers, | ||||||
19 | telecommunication
lines, or other automatic data processing | ||||||
20 | equipment for data collection or
storage, analysis, | ||||||
21 | processing, preservation, maintenance, dissemination, or
| ||||||
22 | display and is distinguished from a system in which such | ||||||
23 | activities are
performed manually.
| ||||||
24 | (E) "Complete" means accurately reflecting all the | ||||||
25 | criminal history
record information about an individual that is | ||||||
26 | required to be reported to
the Department pursuant to Section |
| |||||||
| |||||||
1 | 2.1 of the Criminal Identification Act.
| ||||||
2 | (F) "Conviction information" means data reflecting a | ||||||
3 | judgment of guilt
or nolo contendere. The term includes all | ||||||
4 | prior and subsequent criminal
history events directly relating | ||||||
5 | to such judgments, such as, but not
limited to: (1) the | ||||||
6 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
7 | sentence imposed; (4) the fine imposed; and (5) all related
| ||||||
8 | probation, parole, and release information. Information ceases | ||||||
9 | to be
"conviction information" when a judgment of guilt is | ||||||
10 | reversed or vacated.
| ||||||
11 | For purposes of this Act, continuances to a date certain in | ||||||
12 | furtherance
of an order of supervision granted under Section | ||||||
13 | 5-6-1 of the Unified Code
of Corrections or an order of | ||||||
14 | probation granted under either Section 10 of
the Cannabis | ||||||
15 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
16 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
17 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
18 | 12-3.05 of the Criminal Code of 1961, Section
10-102 of the | ||||||
19 | Illinois Alcoholism and Other Drug Dependency Act, Section
| ||||||
20 | 40-10 of the Alcoholism and Other Drug Abuse and Dependency | ||||||
21 | Act, or Section
10 of the Steroid Control Act shall not be | ||||||
22 | deemed "conviction information".
| ||||||
23 | (G) "Criminal history record information" means data | ||||||
24 | identifiable to an
individual and consisting of descriptions or | ||||||
25 | notations of arrests,
detentions, indictments, informations, | ||||||
26 | pretrial proceedings, trials, or
other formal events in the |
| |||||||
| |||||||
1 | criminal justice system or descriptions or
notations of | ||||||
2 | criminal charges (including criminal violations of local
| ||||||
3 | municipal ordinances) and the nature of any disposition arising | ||||||
4 | therefrom,
including sentencing, court or correctional | ||||||
5 | supervision, rehabilitation and
release. The term does not | ||||||
6 | apply to statistical records and reports in
which individual | ||||||
7 | are not identified and from which their identities are not
| ||||||
8 | ascertainable, or to information that is for criminal | ||||||
9 | investigative or
intelligence purposes.
| ||||||
10 | (H) "Criminal justice agency" means (1) a government agency | ||||||
11 | or any
subunit thereof which is authorized to administer the | ||||||
12 | criminal laws and
which allocates a substantial part of its | ||||||
13 | annual budget for that purpose,
or (2) an agency supported by | ||||||
14 | public funds which is authorized as its
principal function to | ||||||
15 | administer the criminal laws and which is officially
designated | ||||||
16 | by the Department as a criminal justice agency for purposes of
| ||||||
17 | this Act.
| ||||||
18 | (I) "The Department" means the Illinois Department of State | ||||||
19 | Police.
| ||||||
20 | (J) "Director" means the Director of the Illinois | ||||||
21 | Department of State
Police.
| ||||||
22 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
23 | information
in any form, oral, written, or otherwise.
| ||||||
24 | (L) "Exigency" means pending danger or the threat of | ||||||
25 | pending danger to
an individual or property.
| ||||||
26 | (M) "Non-criminal justice agency" means a State agency, |
| |||||||
| |||||||
1 | Federal agency,
or unit of local government that is not a | ||||||
2 | criminal justice agency. The
term does not refer to private | ||||||
3 | individuals, corporations, or
non-governmental agencies or | ||||||
4 | organizations.
| ||||||
5 | (M-5) "Request" means the submission to the Department, in | ||||||
6 | the form and
manner required, the necessary data elements or | ||||||
7 | fingerprints, or both, to allow
the Department to initiate a | ||||||
8 | search of its criminal history record information
files.
| ||||||
9 | (N) "Requester" means any private individual, corporation, | ||||||
10 | organization,
employer, employment agency, labor organization, | ||||||
11 | or non-criminal justice
agency that has made a request pursuant | ||||||
12 | to this Act
to obtain
conviction information maintained in the | ||||||
13 | files of the Department of State
Police regarding a particular | ||||||
14 | individual.
| ||||||
15 | (O) "Statistical information" means data from which the | ||||||
16 | identity of an
individual cannot be ascertained, | ||||||
17 | reconstructed, or verified and to which
the identity of an | ||||||
18 | individual cannot be linked by the recipient of the
| ||||||
19 | information.
| ||||||
20 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
21 | Section 915. The Counties Code is amended by changing | ||||||
22 | Section 5-1103 as follows:
| ||||||
23 | (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
| ||||||
24 | Sec. 5-1103. Court services fee. A county board may enact |
| |||||||
| |||||||
1 | by ordinance or
resolution a court services fee dedicated to | ||||||
2 | defraying court security expenses
incurred by the sheriff in | ||||||
3 | providing court services or for any other court
services deemed | ||||||
4 | necessary by the sheriff to provide for court security,
| ||||||
5 | including without limitation court services provided pursuant | ||||||
6 | to Section
3-6023, as now or hereafter amended. Such fee shall | ||||||
7 | be paid in civil cases by
each party at the time of filing the | ||||||
8 | first pleading, paper or other appearance;
provided that no | ||||||
9 | additional fee shall be required if more than one party is
| ||||||
10 | represented in a single pleading, paper or other appearance. In | ||||||
11 | criminal,
local ordinance, county ordinance, traffic and | ||||||
12 | conservation cases, such fee
shall be assessed against the | ||||||
13 | defendant upon a plea of guilty, stipulation of
facts or | ||||||
14 | findings of guilty, resulting in a judgment of conviction, or | ||||||
15 | order of
supervision, or sentence of probation without entry of | ||||||
16 | judgment pursuant to
Section 10 of the Cannabis Control Act, | ||||||
17 | Section 410 of the Illinois Controlled
Substances Act, Section | ||||||
18 | 70 of the Methamphetamine Control and Community Protection Act,
| ||||||
19 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the | ||||||
20 | Criminal Code of 1961, Section 10-102 of
the Illinois | ||||||
21 | Alcoholism and Other Drug Dependency Act, Section 40-10 of the
| ||||||
22 | Alcoholism and Other Drug Abuse and Dependency Act, or Section | ||||||
23 | 10 of the
Steroid Control Act. In setting such fee, the county | ||||||
24 | board may impose,
with
the concurrence of the Chief Judge of | ||||||
25 | the judicial circuit in which the county
is located by | ||||||
26 | administrative order entered by the Chief Judge,
differential
|
| |||||||
| |||||||
1 | rates for the various types or categories of criminal and civil | ||||||
2 | cases, but the
maximum rate shall not exceed $25.
All proceeds | ||||||
3 | from this fee must be used to defray court security expenses
| ||||||
4 | incurred by the sheriff in providing court services.
No fee | ||||||
5 | shall be imposed or collected,
however, in traffic, | ||||||
6 | conservation, and ordinance cases in which fines are paid
| ||||||
7 | without a court appearance. The fees shall be collected in the | ||||||
8 | manner in which
all other court fees or costs are collected and | ||||||
9 | shall be deposited into the
county general fund for payment | ||||||
10 | solely of costs incurred by the sheriff in
providing court | ||||||
11 | security or for any other court services deemed necessary by
| ||||||
12 | the sheriff to provide for court security.
| ||||||
13 | (Source: P.A. 93-558, eff. 12-1-03; 94-556, eff. 9-11-05.)
| ||||||
14 | Section 920. The Metropolitan Transit Authority Act is | ||||||
15 | amended by changing Section 28b as follows:
| ||||||
16 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
17 | Sec. 28b. Any person applying for a position as a driver of | ||||||
18 | a vehicle
owned by a private carrier company which provides | ||||||
19 | public transportation
pursuant to an agreement with the | ||||||
20 | Authority shall be required to
authorize an investigation by | ||||||
21 | the private carrier company to determine if
the applicant has | ||||||
22 | been convicted of any of the following offenses: (i) those
| ||||||
23 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
24 | 10-4, 10-5,
10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1, |
| |||||||
| |||||||
1 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
2 | 11-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, | ||||||
3 | 12-13, 12-14, 12-14.1,
12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
| ||||||
4 | 20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and | ||||||
5 | subsection (b),
clause (1), of Section 12-4 , in subdivisions | ||||||
6 | (a)(1), (b)(1), and (f)(1) of Section 12-3.05, and in | ||||||
7 | subsection (a-5) of Section 12-3.1 of the Criminal Code of | ||||||
8 | 1961; (ii) those
offenses defined in the Cannabis Control Act | ||||||
9 | except those offenses defined
in subsections (a) and (b) of | ||||||
10 | Section 4, and subsection (a) of Section 5 of
the Cannabis | ||||||
11 | Control Act (iii) those offenses defined in the Illinois
| ||||||
12 | Controlled Substances Act; (iv) those offenses defined in the | ||||||
13 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
14 | any offense committed or attempted in
any other state or | ||||||
15 | against the laws of the United States, which if
committed or | ||||||
16 | attempted in this State would be punishable as one or more of
| ||||||
17 | the foregoing offenses. Upon receipt of this authorization, the | ||||||
18 | private
carrier company shall submit the applicant's name, sex, | ||||||
19 | race, date of
birth, fingerprints and social security number to | ||||||
20 | the Department of State
Police on forms prescribed by the | ||||||
21 | Department. The Department of State
Police shall conduct an | ||||||
22 | investigation to ascertain if the applicant
has been convicted | ||||||
23 | of any of the above enumerated offenses. The Department
shall | ||||||
24 | charge the private carrier company a fee for conducting the
| ||||||
25 | investigation, which fee shall be deposited in the State Police | ||||||
26 | Services
Fund and shall not exceed the cost of the inquiry; and |
| |||||||
| |||||||
1 | the applicant shall not
be charged a fee for such investigation | ||||||
2 | by the private carrier company.
The Department of State Police | ||||||
3 | shall furnish, pursuant to positive
identification, records of | ||||||
4 | convictions, until expunged, to the private
carrier company | ||||||
5 | which requested the investigation. A copy of the record of
| ||||||
6 | convictions obtained from the Department shall be provided to | ||||||
7 | the applicant.
Any record of conviction received by the private | ||||||
8 | carrier company shall be
confidential. Any person who releases | ||||||
9 | any confidential information
concerning any criminal | ||||||
10 | convictions of an applicant shall be guilty of a
Class A | ||||||
11 | misdemeanor, unless authorized by this Section.
| ||||||
12 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
13 | Section 925. The Child Care Act of 1969 is amended by | ||||||
14 | changing Section 4.2 as follows:
| ||||||
15 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||||||
16 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
17 | Department and
no person may be employed by a licensed child | ||||||
18 | care facility who refuses to
authorize an investigation as | ||||||
19 | required by Section 4.1.
| ||||||
20 | (b) In addition to the other provisions of this Section, no | ||||||
21 | applicant
may
receive a license from the Department and no | ||||||
22 | person
may be employed by a child care facility licensed by the | ||||||
23 | Department who has
been declared a sexually dangerous person | ||||||
24 | under "An Act in relation to
sexually dangerous persons, and |
| |||||||
| |||||||
1 | providing for their commitment, detention
and supervision", | ||||||
2 | approved July 6, 1938, as amended, or convicted of
committing | ||||||
3 | or attempting to commit any of the following offenses | ||||||
4 | stipulated
under the Criminal Code of 1961:
| ||||||
5 | (1) murder;
| ||||||
6 | (1.1) solicitation of murder;
| ||||||
7 | (1.2) solicitation of murder for hire;
| ||||||
8 | (1.3) intentional homicide of an unborn child;
| ||||||
9 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
10 | (1.5) involuntary manslaughter;
| ||||||
11 | (1.6) reckless homicide;
| ||||||
12 | (1.7) concealment of a homicidal death;
| ||||||
13 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
14 | (1.9) reckless homicide of an unborn child;
| ||||||
15 | (1.10) drug-induced homicide;
| ||||||
16 | (2) a sex offense under Article 11, except offenses | ||||||
17 | described in
Sections 11-7, 11-8, 11-12, and 11-13;
| ||||||
18 | (3) kidnapping;
| ||||||
19 | (3.1) aggravated unlawful restraint;
| ||||||
20 | (3.2) forcible detention;
| ||||||
21 | (3.3) harboring a runaway;
| ||||||
22 | (3.4) aiding and abetting child abduction;
| ||||||
23 | (4) aggravated kidnapping;
| ||||||
24 | (5) child abduction;
| ||||||
25 | (6) aggravated battery of a child as described in | ||||||
26 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 ;
|
| |||||||
| |||||||
1 | (7) criminal sexual assault;
| ||||||
2 | (8) aggravated criminal sexual assault;
| ||||||
3 | (8.1) predatory criminal sexual assault of a child;
| ||||||
4 | (9) criminal sexual abuse;
| ||||||
5 | (10) aggravated sexual abuse;
| ||||||
6 | (11) heinous battery as described in Section 12-4.1 or | ||||||
7 | subdivision (a)(2) of Section 12-3.05 ;
| ||||||
8 | (12) aggravated battery with a firearm as described in | ||||||
9 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
10 | (e)(4) of Section 12-3.05 ;
| ||||||
11 | (13) tampering with food, drugs, or cosmetics;
| ||||||
12 | (14) drug induced infliction of great bodily harm as | ||||||
13 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
14 | Section 12-3.05 ;
| ||||||
15 | (15) hate crime;
| ||||||
16 | (16) stalking;
| ||||||
17 | (17) aggravated stalking;
| ||||||
18 | (18) threatening public officials;
| ||||||
19 | (19) home invasion;
| ||||||
20 | (20) vehicular invasion;
| ||||||
21 | (21) criminal transmission of HIV;
| ||||||
22 | (22) criminal abuse or neglect of an elderly or | ||||||
23 | disabled person as described in Section 12-21 or subsection | ||||||
24 | (b) of Section 12-4.4a ;
| ||||||
25 | (23) child abandonment;
| ||||||
26 | (24) endangering the life or health of a child;
|
| |||||||
| |||||||
1 | (25) ritual mutilation;
| ||||||
2 | (26) ritualized abuse of a child;
| ||||||
3 | (27) an offense in any other jurisdiction the elements | ||||||
4 | of
which are similar and
bear a substantial relationship to | ||||||
5 | any of the foregoing offenses.
| ||||||
6 | (b-1) In addition to the other provisions of this Section, | ||||||
7 | beginning
January 1, 2004, no new applicant and, on the date of
| ||||||
8 | licensure renewal, no current licensee may operate or receive a | ||||||
9 | license from
the
Department to operate, no person may be | ||||||
10 | employed by, and no adult person may
reside in a child care | ||||||
11 | facility licensed by the Department who has been
convicted of | ||||||
12 | committing or attempting to commit any of the following | ||||||
13 | offenses
or an offense in any other jurisdiction the elements | ||||||
14 | of which are similar and
bear a substantial relationship to any | ||||||
15 | of the following offenses:
| ||||||
16 | (I) BODILY HARM
| ||||||
17 | (1) Felony aggravated assault.
| ||||||
18 | (2) Vehicular endangerment.
| ||||||
19 | (3) Felony domestic battery.
| ||||||
20 | (4) Aggravated battery.
| ||||||
21 | (5) Heinous battery.
| ||||||
22 | (6) Aggravated battery with a firearm.
| ||||||
23 | (7) Aggravated battery of an unborn child.
| ||||||
24 | (8) Aggravated battery of a senior citizen.
|
| |||||||
| |||||||
1 | (9) Intimidation.
| ||||||
2 | (10) Compelling organization membership of persons.
| ||||||
3 | (11) Abuse and criminal gross neglect of a long term | ||||||
4 | care facility resident.
| ||||||
5 | (12) Felony violation of an order of protection.
| ||||||
6 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
7 | (1) Felony unlawful use of weapons.
| ||||||
8 | (2) Aggravated discharge of a firearm.
| ||||||
9 | (3) Reckless discharge of a firearm.
| ||||||
10 | (4) Unlawful use of metal piercing bullets.
| ||||||
11 | (5) Unlawful sale or delivery of firearms on the | ||||||
12 | premises of any
school.
| ||||||
13 | (6) Disarming a police officer.
| ||||||
14 | (7) Obstructing justice.
| ||||||
15 | (8) Concealing or aiding a fugitive.
| ||||||
16 | (9) Armed violence.
| ||||||
17 | (10) Felony contributing to the criminal delinquency | ||||||
18 | of a juvenile.
| ||||||
19 | (III) DRUG OFFENSES
| ||||||
20 | (1) Possession of more than 30 grams of cannabis.
| ||||||
21 | (2) Manufacture of more than 10 grams of cannabis.
| ||||||
22 | (3) Cannabis trafficking.
|
| |||||||
| |||||||
1 | (4) Delivery of cannabis on school grounds.
| ||||||
2 | (5) Unauthorized production of more than 5 cannabis | ||||||
3 | sativa plants.
| ||||||
4 | (6) Calculated criminal cannabis conspiracy.
| ||||||
5 | (7) Unauthorized manufacture or delivery of controlled | ||||||
6 | substances.
| ||||||
7 | (8) Controlled substance trafficking.
| ||||||
8 | (9) Manufacture, distribution, or advertisement of | ||||||
9 | look-alike
substances.
| ||||||
10 | (10) Calculated criminal drug conspiracy.
| ||||||
11 | (11) Street gang criminal drug conspiracy.
| ||||||
12 | (12) Permitting unlawful use of a building.
| ||||||
13 | (13) Delivery of controlled, counterfeit, or | ||||||
14 | look-alike substances to
persons under age 18, or at truck | ||||||
15 | stops, rest stops, or safety rest areas, or
on school | ||||||
16 | property.
| ||||||
17 | (14) Using, engaging, or employing persons under 18 to | ||||||
18 | deliver
controlled, counterfeit, or look-alike substances.
| ||||||
19 | (15) Delivery of controlled substances.
| ||||||
20 | (16) Sale or delivery of drug paraphernalia.
| ||||||
21 | (17) Felony possession, sale, or exchange of | ||||||
22 | instruments adapted
for use of a controlled substance, | ||||||
23 | methamphetamine, or cannabis by subcutaneous injection.
| ||||||
24 | (18) Felony possession of a controlled substance.
| ||||||
25 | (19) Any violation of the Methamphetamine Control and | ||||||
26 | Community Protection Act.
|
| |||||||
| |||||||
1 | (b-2) For child care facilities other than foster family | ||||||
2 | homes,
the Department may issue a new child care facility | ||||||
3 | license to or renew the
existing child care facility license of | ||||||
4 | an applicant, a person employed by a
child care facility, or an | ||||||
5 | applicant who has an adult residing in a home child
care | ||||||
6 | facility who was convicted of an offense described in | ||||||
7 | subsection (b-1),
provided that all of the following | ||||||
8 | requirements are met:
| ||||||
9 | (1) The relevant criminal offense occurred more than 5 | ||||||
10 | years prior to the
date of application or renewal, except | ||||||
11 | for drug offenses. The relevant drug
offense must have | ||||||
12 | occurred more than 10 years prior to the date of | ||||||
13 | application
or renewal, unless the applicant passed a drug | ||||||
14 | test, arranged and paid for by
the child care facility, no | ||||||
15 | less than 5 years after the offense.
| ||||||
16 | (2) The Department must conduct a background check and | ||||||
17 | assess all
convictions and recommendations of the child | ||||||
18 | care facility to determine if
waiver shall apply in | ||||||
19 | accordance with Department administrative rules and
| ||||||
20 | procedures.
| ||||||
21 | (3) The applicant meets all other requirements and | ||||||
22 | qualifications to be
licensed as the pertinent type of | ||||||
23 | child care facility under this Act and the
Department's | ||||||
24 | administrative rules.
| ||||||
25 | (c) In addition to the other provisions of this Section, no
| ||||||
26 | applicant may receive a license from the Department to operate |
| |||||||
| |||||||
1 | a foster family
home, and no adult person may reside in a | ||||||
2 | foster family home licensed by the
Department, who has been | ||||||
3 | convicted of committing or attempting to commit any of
the | ||||||
4 | following offenses stipulated under the Criminal Code of 1961, | ||||||
5 | the Cannabis
Control Act, the Methamphetamine Control and | ||||||
6 | Community Protection Act, and the Illinois Controlled | ||||||
7 | Substances Act:
| ||||||
8 | (I) OFFENSES DIRECTED AGAINST THE PERSON
| ||||||
9 | (A) KIDNAPPING AND RELATED OFFENSES
| ||||||
10 | (1) Unlawful restraint.
| ||||||
11 | (B) BODILY HARM
| ||||||
12 | (2) Felony aggravated assault.
| ||||||
13 | (3) Vehicular endangerment.
| ||||||
14 | (4) Felony domestic battery.
| ||||||
15 | (5) Aggravated battery.
| ||||||
16 | (6) Heinous battery.
| ||||||
17 | (7) Aggravated battery with a firearm.
| ||||||
18 | (8) Aggravated battery of an unborn child.
| ||||||
19 | (9) Aggravated battery of a senior citizen.
| ||||||
20 | (10) Intimidation.
| ||||||
21 | (11) Compelling organization membership of persons.
| ||||||
22 | (12) Abuse and criminal gross neglect of a long term | ||||||
23 | care facility resident.
|
| |||||||
| |||||||
1 | (13) Felony violation of an order of protection.
| ||||||
2 | (II) OFFENSES DIRECTED AGAINST PROPERTY
| ||||||
3 | (14) Felony theft.
| ||||||
4 | (15) Robbery.
| ||||||
5 | (16) Armed robbery.
| ||||||
6 | (17) Aggravated robbery.
| ||||||
7 | (18) Vehicular hijacking.
| ||||||
8 | (19) Aggravated vehicular hijacking.
| ||||||
9 | (20) Burglary.
| ||||||
10 | (21) Possession of burglary tools.
| ||||||
11 | (22) Residential burglary.
| ||||||
12 | (23) Criminal fortification of a residence or | ||||||
13 | building.
| ||||||
14 | (24) Arson.
| ||||||
15 | (25) Aggravated arson.
| ||||||
16 | (26) Possession of explosive or explosive incendiary | ||||||
17 | devices.
| ||||||
18 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
19 | (27) Felony unlawful use of weapons.
| ||||||
20 | (28) Aggravated discharge of a firearm.
| ||||||
21 | (29) Reckless discharge of a firearm.
| ||||||
22 | (30) Unlawful use of metal piercing bullets.
|
| |||||||
| |||||||
1 | (31) Unlawful sale or delivery of firearms on the | ||||||
2 | premises of any school.
| ||||||
3 | (32) Disarming a police officer.
| ||||||
4 | (33) Obstructing justice.
| ||||||
5 | (34) Concealing or aiding a fugitive.
| ||||||
6 | (35) Armed violence.
| ||||||
7 | (36) Felony contributing to the criminal delinquency | ||||||
8 | of a juvenile.
| ||||||
9 | (IV) DRUG OFFENSES
| ||||||
10 | (37) Possession of more than 30 grams of cannabis.
| ||||||
11 | (38) Manufacture of more than 10 grams of cannabis.
| ||||||
12 | (39) Cannabis trafficking.
| ||||||
13 | (40) Delivery of cannabis on school grounds.
| ||||||
14 | (41) Unauthorized production of more than 5 cannabis | ||||||
15 | sativa plants.
| ||||||
16 | (42) Calculated criminal cannabis conspiracy.
| ||||||
17 | (43) Unauthorized manufacture or delivery of | ||||||
18 | controlled substances.
| ||||||
19 | (44) Controlled substance trafficking.
| ||||||
20 | (45) Manufacture, distribution, or advertisement of | ||||||
21 | look-alike substances.
| ||||||
22 | (46) Calculated criminal drug conspiracy.
| ||||||
23 | (46.5) Streetgang criminal drug conspiracy.
| ||||||
24 | (47) Permitting unlawful use of a building.
|
| |||||||
| |||||||
1 | (48) Delivery of controlled, counterfeit, or | ||||||
2 | look-alike substances to
persons under age 18, or at truck | ||||||
3 | stops, rest stops, or safety rest areas, or
on school | ||||||
4 | property.
| ||||||
5 | (49) Using, engaging, or employing persons under 18 to | ||||||
6 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
7 | (50) Delivery of controlled substances.
| ||||||
8 | (51) Sale or delivery of drug paraphernalia.
| ||||||
9 | (52) Felony possession, sale, or exchange of | ||||||
10 | instruments adapted for use
of a controlled substance, | ||||||
11 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
12 | (53) Any violation of the Methamphetamine Control and | ||||||
13 | Community Protection Act.
| ||||||
14 | (d) Notwithstanding subsection (c), the Department may | ||||||
15 | issue a new foster
family home license or may renew an existing
| ||||||
16 | foster family home license of an applicant who was convicted of | ||||||
17 | an offense
described in subsection (c), provided all of the | ||||||
18 | following requirements are
met:
| ||||||
19 | (1) The relevant criminal offense or offenses occurred | ||||||
20 | more than 10 years
prior to the date of application or | ||||||
21 | renewal.
| ||||||
22 | (2) The applicant had previously disclosed the | ||||||
23 | conviction or convictions
to the Department for purposes of | ||||||
24 | a background check.
| ||||||
25 | (3) After the disclosure, the Department either placed | ||||||
26 | a child in the home
or the foster family home license was |
| |||||||
| |||||||
1 | issued.
| ||||||
2 | (4) During the background check, the Department had | ||||||
3 | assessed and
waived the conviction in compliance with the | ||||||
4 | existing statutes and rules in
effect at the time of the | ||||||
5 | waiver.
| ||||||
6 | (5) The applicant meets all other requirements and | ||||||
7 | qualifications to be
licensed as a foster family home under | ||||||
8 | this Act and the Department's
administrative
rules.
| ||||||
9 | (6) The applicant has a history of providing a safe, | ||||||
10 | stable home
environment and appears able to continue to | ||||||
11 | provide a safe, stable home
environment.
| ||||||
12 | (Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
| ||||||
13 | Section 930. The Health Care Worker Background Check Act is | ||||||
14 | amended by changing Section 25 as follows:
| ||||||
15 | (225 ILCS 46/25)
| ||||||
16 | Sec. 25. Persons ineligible to be hired by health care | ||||||
17 | employers and long-term care facilities.
| ||||||
18 | (a) In the discretion of the Director of Public Health, as | ||||||
19 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||
20 | or October 1, 2007, as applicable, and as is reasonably | ||||||
21 | practical, no
health care employer shall knowingly hire, | ||||||
22 | employ, or retain any
individual in a position with duties | ||||||
23 | involving direct care for clients,
patients, or residents, and | ||||||
24 | no long-term care facility shall knowingly hire, employ, or |
| |||||||
| |||||||
1 | retain any individual in a position with duties that involve or | ||||||
2 | may involve
contact with residents or access to the living | ||||||
3 | quarters or the financial, medical, or personal records of | ||||||
4 | residents, who has been convicted of committing or attempting | ||||||
5 | to
commit one or more of the following offenses: those defined | ||||||
6 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||
7 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||
8 | 10-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, | ||||||
9 | 12-3.05, 12-3, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
10 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | ||||||
11 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| ||||||
12 | 12-33, 16-1, 16-1.3,
16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, | ||||||
13 | 19-1, 19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 , | ||||||
14 | or in subsection (a) of Section 12-3 or subsection (a) or (b) | ||||||
15 | of Section 12-4.4a, of the Criminal Code of 1961; those | ||||||
16 | provided in
Section 4 of the Wrongs to Children Act; those | ||||||
17 | provided in Section 53 of the
Criminal Jurisprudence Act; those | ||||||
18 | defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis Control | ||||||
19 | Act; those defined in the Methamphetamine Control and Community | ||||||
20 | Protection Act; or those defined in Sections 401, 401.1, 404, | ||||||
21 | 405,
405.1, 407, or 407.1 of the Illinois Controlled Substances | ||||||
22 | Act, unless the
applicant or employee obtains a waiver pursuant | ||||||
23 | to Section 40.
| ||||||
24 | (a-1) In the discretion of the Director of Public Health, | ||||||
25 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
26 | applicable, and as is reasonably practical, no health care |
| |||||||
| |||||||
1 | employer shall knowingly hire
any individual in a position with | ||||||
2 | duties involving direct care for clients,
patients, or | ||||||
3 | residents, and no long-term care facility shall knowingly hire | ||||||
4 | any individual in a position with duties that involve or may | ||||||
5 | involve
contact with residents or access to the living quarters | ||||||
6 | or the financial, medical, or personal records of residents, | ||||||
7 | who has (i) been convicted of committing or attempting
to | ||||||
8 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
9 | 12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, | ||||||
10 | 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of | ||||||
11 | 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | ||||||
12 | and Debit Card Act; or Section 5.1 of the Wrongs to Children | ||||||
13 | Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, | ||||||
14 | unless the applicant or employee obtains a waiver pursuant to | ||||||
15 | Section 40 of this Act.
| ||||||
16 | A health care employer is not required to retain an | ||||||
17 | individual in a position
with duties involving direct care for | ||||||
18 | clients, patients, or residents, and no long-term care facility | ||||||
19 | is required to retain an individual in a position with duties | ||||||
20 | that involve or may involve
contact with residents or access to | ||||||
21 | the living quarters or the financial, medical, or personal | ||||||
22 | records of residents, who has
been convicted of committing or | ||||||
23 | attempting to commit one or more of
the offenses enumerated in | ||||||
24 | this subsection.
| ||||||
25 | (b) A health care employer shall not hire, employ, or | ||||||
26 | retain any
individual in a position with duties involving |
| |||||||
| |||||||
1 | direct care of clients,
patients, or residents, and no | ||||||
2 | long-term care facility shall knowingly hire, employ, or retain | ||||||
3 | any individual in a position with duties that involve or may | ||||||
4 | involve
contact with residents or access to the living quarters | ||||||
5 | or the financial, medical, or personal records of residents, if | ||||||
6 | the health care employer becomes aware that the
individual has | ||||||
7 | been convicted in another state of committing or attempting to
| ||||||
8 | commit an offense that has the same or similar elements as an | ||||||
9 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
10 | records, records from a state
agency, or an FBI criminal | ||||||
11 | history record check, unless the applicant or employee obtains | ||||||
12 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
13 | construed to
mean that a health care employer has an obligation | ||||||
14 | to conduct a criminal
history records check in other states in | ||||||
15 | which an employee has resided.
| ||||||
16 | (Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07; | ||||||
17 | 95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
| ||||||
18 | Section 935. The Nursing Home Administrators Licensing and | ||||||
19 | Disciplinary Act is amended by changing Section 17 as follows:
| ||||||
20 | (225 ILCS 70/17) (from Ch. 111, par. 3667)
| ||||||
21 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
22 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
23 | Sec. 17. Grounds for disciplinary action.
| ||||||
24 | (a) The Department may impose fines not to exceed $10,000
|
| |||||||
| |||||||
1 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
2 | place on probation,
censure, reprimand or take other | ||||||
3 | disciplinary or non-disciplinary action with regard to the
| ||||||
4 | license of any person, for any one or combination
of the | ||||||
5 | following causes:
| ||||||
6 | (1) Intentional material misstatement in furnishing | ||||||
7 | information
to
the Department.
| ||||||
8 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
9 | contendere to any crime that is a felony under the laws of | ||||||
10 | the United States
or any
state or territory thereof or
a | ||||||
11 | misdemeanor of which an
essential element is dishonesty or | ||||||
12 | that is directly
related to the practice of the profession | ||||||
13 | of nursing home administration.
| ||||||
14 | (3) Making any misrepresentation for the purpose of | ||||||
15 | obtaining
a license,
or violating any provision of this | ||||||
16 | Act.
| ||||||
17 | (4) Immoral conduct in the commission of any act, such | ||||||
18 | as
sexual abuse or
sexual misconduct, related to the | ||||||
19 | licensee's practice.
| ||||||
20 | (5) Failing to respond within 30
days, to a
written | ||||||
21 | request made by the Department for information.
| ||||||
22 | (6) Engaging in dishonorable, unethical or | ||||||
23 | unprofessional
conduct of a
character likely to deceive, | ||||||
24 | defraud or harm the public.
| ||||||
25 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
26 | stimulants, or any
other chemical agent or drug which |
| |||||||
| |||||||
1 | results in the inability to practice
with reasonable | ||||||
2 | judgment, skill or safety.
| ||||||
3 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
4 | one of the grounds for the discipline is the same or | ||||||
5 | substantially
equivalent to those set forth herein.
| ||||||
6 | (9) A finding by the Department that the licensee, | ||||||
7 | after having
his or her license
placed on probationary | ||||||
8 | status has violated the terms of probation.
| ||||||
9 | (10) Willfully making or filing false records or | ||||||
10 | reports in
his or her
practice,
including but not limited | ||||||
11 | to false records filed with State agencies or
departments.
| ||||||
12 | (11) Physical illness, mental illness, or other | ||||||
13 | impairment or disability, including, but not limited to,
| ||||||
14 | deterioration
through the aging process, or loss of motor | ||||||
15 | skill that results in
the
inability to practice the | ||||||
16 | profession with reasonable judgment, skill or safety.
| ||||||
17 | (12) Disregard or violation of this Act or of any rule
| ||||||
18 | issued pursuant to this Act.
| ||||||
19 | (13) Aiding or abetting another in the violation of | ||||||
20 | this Act
or any rule
or regulation issued pursuant to this | ||||||
21 | Act.
| ||||||
22 | (14) Allowing one's license to be used by an unlicensed
| ||||||
23 | person.
| ||||||
24 | (15) (Blank).
| ||||||
25 | (16) Professional incompetence in the practice of | ||||||
26 | nursing
home administration.
|
| |||||||
| |||||||
1 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
2 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
3 | long term care facility resident.
| ||||||
4 | (18) Violation of the Nursing Home Care Act or of any | ||||||
5 | rule
issued under the Nursing Home Care Act.
| ||||||
6 | All proceedings to suspend, revoke, place on
probationary | ||||||
7 | status, or take any other disciplinary action
as the Department | ||||||
8 | may deem proper, with regard to a license
on any of the | ||||||
9 | foregoing grounds, must be commenced within
5
years next after | ||||||
10 | receipt by the Department of (i) a
complaint
alleging the | ||||||
11 | commission of or notice of the conviction order
for any of the | ||||||
12 | acts described herein or (ii) a referral for investigation
| ||||||
13 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
14 | The entry of an order or judgment by any circuit court | ||||||
15 | establishing that
any person holding a license under this Act | ||||||
16 | is a person in need of mental
treatment operates as a | ||||||
17 | suspension of that license. That person may resume
their | ||||||
18 | practice only upon the entry of a Department order based upon a
| ||||||
19 | finding by the Board that they have been determined to
be | ||||||
20 | recovered from mental illness by the court and upon the
Board's | ||||||
21 | recommendation that they be permitted to resume their practice.
| ||||||
22 | The Department, upon the recommendation of the
Board, may
| ||||||
23 | adopt rules which set forth
standards to be used in determining | ||||||
24 | what constitutes:
| ||||||
25 | (i)
when a person will be deemed sufficiently
| ||||||
26 | rehabilitated to warrant the public trust;
|
| |||||||
| |||||||
1 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
2 | of a character likely to deceive,
defraud, or harm the | ||||||
3 | public;
| ||||||
4 | (iii)
immoral conduct in the commission
of any act | ||||||
5 | related to the licensee's practice; and
| ||||||
6 | (iv)
professional incompetence in the practice
of | ||||||
7 | nursing home administration.
| ||||||
8 | However, no such rule shall be admissible into evidence
in | ||||||
9 | any civil action except for review of a licensing or
other | ||||||
10 | disciplinary action under this Act.
| ||||||
11 | In enforcing this Section, the Department or Board, upon a | ||||||
12 | showing of a
possible
violation,
may compel any individual | ||||||
13 | licensed to practice under this
Act, or who has applied for | ||||||
14 | licensure
pursuant to this Act, to submit to a mental or | ||||||
15 | physical
examination, or both, as required by and at the | ||||||
16 | expense of
the Department. The examining physician or | ||||||
17 | physicians shall
be those specifically designated by the | ||||||
18 | Department or Board.
The Department or Board may order the | ||||||
19 | examining physician to present
testimony
concerning this | ||||||
20 | mental or physical examination of the licensee or applicant. No
| ||||||
21 | information shall be excluded by reason of any common law or | ||||||
22 | statutory
privilege relating to communications between the | ||||||
23 | licensee or applicant and the
examining physician.
The | ||||||
24 | individual to be examined may have, at his or her own
expense, | ||||||
25 | another physician of his or her choice present
during all | ||||||
26 | aspects of the examination. Failure of any
individual to submit |
| |||||||
| |||||||
1 | to mental or physical examination, when
directed, shall be | ||||||
2 | grounds for suspension of his or her
license until such time as | ||||||
3 | the individual submits to the
examination if the Department | ||||||
4 | finds, after notice
and hearing, that the refusal to submit to | ||||||
5 | the examination
was without reasonable cause.
| ||||||
6 | If the Department or Board
finds an individual unable to | ||||||
7 | practice
because of the reasons
set forth in this Section, the | ||||||
8 | Department or Board shall
require such individual to submit to | ||||||
9 | care, counseling, or
treatment by physicians approved or | ||||||
10 | designated by the
Department or Board, as a condition, term, or | ||||||
11 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
12 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
13 | Department may file, or the Board may recommend to the
| ||||||
14 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
15 | or otherwise discipline the license of the
individual.
Any | ||||||
16 | individual whose license was granted pursuant to
this Act or | ||||||
17 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
18 | subject to such terms, conditions
or restrictions who shall | ||||||
19 | fail to comply with such terms,
conditions or restrictions
| ||||||
20 | shall be referred to the Secretary
for a
determination as to | ||||||
21 | whether the licensee shall have his or her
license suspended | ||||||
22 | immediately, pending a hearing by the
Department. In instances | ||||||
23 | in which the Secretary
immediately suspends a license under | ||||||
24 | this Section, a hearing
upon such person's license must be | ||||||
25 | convened by the
Board within 30
days after such suspension and
| ||||||
26 | completed without appreciable delay. The Department and Board
|
| |||||||
| |||||||
1 | shall have the authority to review the subject administrator's
| ||||||
2 | record of treatment and counseling regarding the impairment,
to | ||||||
3 | the extent permitted by applicable federal statutes and
| ||||||
4 | regulations safeguarding the confidentiality of medical | ||||||
5 | records.
| ||||||
6 | An individual licensed under this Act, affected under
this | ||||||
7 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
8 | Department or Board that he or she can
resume
practice in | ||||||
9 | compliance with acceptable and prevailing
standards under the | ||||||
10 | provisions of his or her license.
| ||||||
11 | (b) Any individual or
organization acting in good faith, | ||||||
12 | and not in a wilful and
wanton manner, in complying with this | ||||||
13 | Act by providing any
report or other information to the | ||||||
14 | Department, or
assisting in the investigation or preparation of | ||||||
15 | such
information, or by participating in proceedings of the
| ||||||
16 | Department, or by serving as a member of the
Board, shall not, | ||||||
17 | as a result of such actions,
be subject to criminal prosecution | ||||||
18 | or civil damages.
| ||||||
19 | (c) Members of the Board, and persons
retained under | ||||||
20 | contract to assist and advise in an investigation,
shall be | ||||||
21 | indemnified by the State for any actions
occurring within the | ||||||
22 | scope of services on or for the Board, done in good
faith
and | ||||||
23 | not wilful and wanton in
nature. The Attorney General shall | ||||||
24 | defend all such actions
unless he or she determines either that | ||||||
25 | there would be a
conflict of interest in such representation or | ||||||
26 | that the
actions complained of were not in good faith or were |
| |||||||
| |||||||
1 | wilful and wanton.
| ||||||
2 | Should the Attorney General decline representation,
a | ||||||
3 | person entitled to indemnification under this Section shall | ||||||
4 | have the
right to employ counsel of his or her
choice, whose | ||||||
5 | fees shall be provided by the State, after
approval by the | ||||||
6 | Attorney General, unless there is a
determination by a court | ||||||
7 | that the member's actions were not
in good faith or were wilful | ||||||
8 | and wanton.
| ||||||
9 | A person entitled to indemnification under this
Section | ||||||
10 | must notify the Attorney General within 7
days of receipt of | ||||||
11 | notice of the initiation of any action
involving services of | ||||||
12 | the Board. Failure to so
notify the Attorney General shall | ||||||
13 | constitute an absolute
waiver of the right to a defense and | ||||||
14 | indemnification.
| ||||||
15 | The Attorney General shall determine within 7 days
after | ||||||
16 | receiving such notice, whether he or she will undertake to | ||||||
17 | represent
a
person entitled to indemnification under this | ||||||
18 | Section.
| ||||||
19 | (d) The determination by a circuit court that a licensee is | ||||||
20 | subject to
involuntary admission or judicial admission as | ||||||
21 | provided in the Mental
Health and Developmental Disabilities | ||||||
22 | Code, as amended, operates as an
automatic suspension. Such | ||||||
23 | suspension will end only upon a finding by a
court that the | ||||||
24 | patient is no longer subject to involuntary admission or
| ||||||
25 | judicial admission and issues an order so finding and | ||||||
26 | discharging the
patient; and upon the recommendation of the |
| |||||||
| |||||||
1 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
2 | his or her practice.
| ||||||
3 | (e) The Department may refuse to issue or may suspend the | ||||||
4 | license of
any person who fails to file a return, or to pay the | ||||||
5 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
6 | final assessment of tax,
penalty or interest, as required by | ||||||
7 | any tax Act administered by the Department of Revenue, until | ||||||
8 | such time as the requirements of any
such tax Act are | ||||||
9 | satisfied.
| ||||||
10 | (f) The Department of Public Health shall transmit to the
| ||||||
11 | Department a list of those facilities which receive an "A" | ||||||
12 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
13 | Act.
| ||||||
14 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
15 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 17. Grounds for disciplinary action.
| ||||||
18 | (a) The Department may impose fines not to exceed $10,000
| ||||||
19 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
20 | place on probation,
censure, reprimand or take other | ||||||
21 | disciplinary or non-disciplinary action with regard to the
| ||||||
22 | license of any person, for any one or combination
of the | ||||||
23 | following causes:
| ||||||
24 | (1) Intentional material misstatement in furnishing | ||||||
25 | information
to
the Department.
|
| |||||||
| |||||||
1 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
2 | contendere to any crime that is a felony under the laws of | ||||||
3 | the United States
or any
state or territory thereof or
a | ||||||
4 | misdemeanor of which an
essential element is dishonesty or | ||||||
5 | that is directly
related to the practice of the profession | ||||||
6 | of nursing home administration.
| ||||||
7 | (3) Making any misrepresentation for the purpose of | ||||||
8 | obtaining
a license,
or violating any provision of this | ||||||
9 | Act.
| ||||||
10 | (4) Immoral conduct in the commission of any act, such | ||||||
11 | as
sexual abuse or
sexual misconduct, related to the | ||||||
12 | licensee's practice.
| ||||||
13 | (5) Failing to respond within 30
days, to a
written | ||||||
14 | request made by the Department for information.
| ||||||
15 | (6) Engaging in dishonorable, unethical or | ||||||
16 | unprofessional
conduct of a
character likely to deceive, | ||||||
17 | defraud or harm the public.
| ||||||
18 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
19 | stimulants, or any
other chemical agent or drug which | ||||||
20 | results in the inability to practice
with reasonable | ||||||
21 | judgment, skill or safety.
| ||||||
22 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
23 | one of the grounds for the discipline is the same or | ||||||
24 | substantially
equivalent to those set forth herein.
| ||||||
25 | (9) A finding by the Department that the licensee, | ||||||
26 | after having
his or her license
placed on probationary |
| |||||||
| |||||||
1 | status has violated the terms of probation.
| ||||||
2 | (10) Willfully making or filing false records or | ||||||
3 | reports in
his or her
practice,
including but not limited | ||||||
4 | to false records filed with State agencies or
departments.
| ||||||
5 | (11) Physical illness, mental illness, or other | ||||||
6 | impairment or disability, including, but not limited to,
| ||||||
7 | deterioration
through the aging process, or loss of motor | ||||||
8 | skill that results in
the
inability to practice the | ||||||
9 | profession with reasonable judgment, skill or safety.
| ||||||
10 | (12) Disregard or violation of this Act or of any rule
| ||||||
11 | issued pursuant to this Act.
| ||||||
12 | (13) Aiding or abetting another in the violation of | ||||||
13 | this Act
or any rule
or regulation issued pursuant to this | ||||||
14 | Act.
| ||||||
15 | (14) Allowing one's license to be used by an unlicensed
| ||||||
16 | person.
| ||||||
17 | (15) (Blank).
| ||||||
18 | (16) Professional incompetence in the practice of | ||||||
19 | nursing
home administration.
| ||||||
20 | (17) Conviction of a violation of Section 12-19 or | ||||||
21 | subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||||||
22 | 1961 for the abuse and criminal gross neglect of a long | ||||||
23 | term care facility resident.
| ||||||
24 | (18) Violation of the Nursing Home Care Act or the | ||||||
25 | MR/DD Community Care Act or of any rule
issued under the | ||||||
26 | Nursing Home Care Act or the MR/DD Community Care Act.
|
| |||||||
| |||||||
1 | All proceedings to suspend, revoke, place on
probationary | ||||||
2 | status, or take any other disciplinary action
as the Department | ||||||
3 | may deem proper, with regard to a license
on any of the | ||||||
4 | foregoing grounds, must be commenced within
5
years next after | ||||||
5 | receipt by the Department of (i) a
complaint
alleging the | ||||||
6 | commission of or notice of the conviction order
for any of the | ||||||
7 | acts described herein or (ii) a referral for investigation
| ||||||
8 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
9 | The entry of an order or judgment by any circuit court | ||||||
10 | establishing that
any person holding a license under this Act | ||||||
11 | is a person in need of mental
treatment operates as a | ||||||
12 | suspension of that license. That person may resume
their | ||||||
13 | practice only upon the entry of a Department order based upon a
| ||||||
14 | finding by the Board that they have been determined to
be | ||||||
15 | recovered from mental illness by the court and upon the
Board's | ||||||
16 | recommendation that they be permitted to resume their practice.
| ||||||
17 | The Department, upon the recommendation of the
Board, may
| ||||||
18 | adopt rules which set forth
standards to be used in determining | ||||||
19 | what constitutes:
| ||||||
20 | (i)
when a person will be deemed sufficiently
| ||||||
21 | rehabilitated to warrant the public trust;
| ||||||
22 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
23 | of a character likely to deceive,
defraud, or harm the | ||||||
24 | public;
| ||||||
25 | (iii)
immoral conduct in the commission
of any act | ||||||
26 | related to the licensee's practice; and
|
| |||||||
| |||||||
1 | (iv)
professional incompetence in the practice
of | ||||||
2 | nursing home administration.
| ||||||
3 | However, no such rule shall be admissible into evidence
in | ||||||
4 | any civil action except for review of a licensing or
other | ||||||
5 | disciplinary action under this Act.
| ||||||
6 | In enforcing this Section, the Department or Board, upon a | ||||||
7 | showing of a
possible
violation,
may compel any individual | ||||||
8 | licensed to practice under this
Act, or who has applied for | ||||||
9 | licensure
pursuant to this Act, to submit to a mental or | ||||||
10 | physical
examination, or both, as required by and at the | ||||||
11 | expense of
the Department. The examining physician or | ||||||
12 | physicians shall
be those specifically designated by the | ||||||
13 | Department or Board.
The Department or Board may order the | ||||||
14 | examining physician to present
testimony
concerning this | ||||||
15 | mental or physical examination of the licensee or applicant. No
| ||||||
16 | information shall be excluded by reason of any common law or | ||||||
17 | statutory
privilege relating to communications between the | ||||||
18 | licensee or applicant and the
examining physician.
The | ||||||
19 | individual to be examined may have, at his or her own
expense, | ||||||
20 | another physician of his or her choice present
during all | ||||||
21 | aspects of the examination. Failure of any
individual to submit | ||||||
22 | to mental or physical examination, when
directed, shall be | ||||||
23 | grounds for suspension of his or her
license until such time as | ||||||
24 | the individual submits to the
examination if the Department | ||||||
25 | finds, after notice
and hearing, that the refusal to submit to | ||||||
26 | the examination
was without reasonable cause.
|
| |||||||
| |||||||
1 | If the Department or Board
finds an individual unable to | ||||||
2 | practice
because of the reasons
set forth in this Section, the | ||||||
3 | Department or Board shall
require such individual to submit to | ||||||
4 | care, counseling, or
treatment by physicians approved or | ||||||
5 | designated by the
Department or Board, as a condition, term, or | ||||||
6 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
7 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
8 | Department may file, or the Board may recommend to the
| ||||||
9 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
10 | or otherwise discipline the license of the
individual.
Any | ||||||
11 | individual whose license was granted pursuant to
this Act or | ||||||
12 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
13 | subject to such terms, conditions
or restrictions who shall | ||||||
14 | fail to comply with such terms,
conditions or restrictions
| ||||||
15 | shall be referred to the Secretary
for a
determination as to | ||||||
16 | whether the licensee shall have his or her
license suspended | ||||||
17 | immediately, pending a hearing by the
Department. In instances | ||||||
18 | in which the Secretary
immediately suspends a license under | ||||||
19 | this Section, a hearing
upon such person's license must be | ||||||
20 | convened by the
Board within 30
days after such suspension and
| ||||||
21 | completed without appreciable delay. The Department and Board
| ||||||
22 | shall have the authority to review the subject administrator's
| ||||||
23 | record of treatment and counseling regarding the impairment,
to | ||||||
24 | the extent permitted by applicable federal statutes and
| ||||||
25 | regulations safeguarding the confidentiality of medical | ||||||
26 | records.
|
| |||||||
| |||||||
1 | An individual licensed under this Act, affected under
this | ||||||
2 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
3 | Department or Board that he or she can
resume
practice in | ||||||
4 | compliance with acceptable and prevailing
standards under the | ||||||
5 | provisions of his or her license.
| ||||||
6 | (b) Any individual or
organization acting in good faith, | ||||||
7 | and not in a wilful and
wanton manner, in complying with this | ||||||
8 | Act by providing any
report or other information to the | ||||||
9 | Department, or
assisting in the investigation or preparation of | ||||||
10 | such
information, or by participating in proceedings of the
| ||||||
11 | Department, or by serving as a member of the
Board, shall not, | ||||||
12 | as a result of such actions,
be subject to criminal prosecution | ||||||
13 | or civil damages.
| ||||||
14 | (c) Members of the Board, and persons
retained under | ||||||
15 | contract to assist and advise in an investigation,
shall be | ||||||
16 | indemnified by the State for any actions
occurring within the | ||||||
17 | scope of services on or for the Board, done in good
faith
and | ||||||
18 | not wilful and wanton in
nature. The Attorney General shall | ||||||
19 | defend all such actions
unless he or she determines either that | ||||||
20 | there would be a
conflict of interest in such representation or | ||||||
21 | that the
actions complained of were not in good faith or were | ||||||
22 | wilful and wanton.
| ||||||
23 | Should the Attorney General decline representation,
a | ||||||
24 | person entitled to indemnification under this Section shall | ||||||
25 | have the
right to employ counsel of his or her
choice, whose | ||||||
26 | fees shall be provided by the State, after
approval by the |
| |||||||
| |||||||
1 | Attorney General, unless there is a
determination by a court | ||||||
2 | that the member's actions were not
in good faith or were wilful | ||||||
3 | and wanton.
| ||||||
4 | A person entitled to indemnification under this
Section | ||||||
5 | must notify the Attorney General within 7
days of receipt of | ||||||
6 | notice of the initiation of any action
involving services of | ||||||
7 | the Board. Failure to so
notify the Attorney General shall | ||||||
8 | constitute an absolute
waiver of the right to a defense and | ||||||
9 | indemnification.
| ||||||
10 | The Attorney General shall determine within 7 days
after | ||||||
11 | receiving such notice, whether he or she will undertake to | ||||||
12 | represent
a
person entitled to indemnification under this | ||||||
13 | Section.
| ||||||
14 | (d) The determination by a circuit court that a licensee is | ||||||
15 | subject to
involuntary admission or judicial admission as | ||||||
16 | provided in the Mental
Health and Developmental Disabilities | ||||||
17 | Code, as amended, operates as an
automatic suspension. Such | ||||||
18 | suspension will end only upon a finding by a
court that the | ||||||
19 | patient is no longer subject to involuntary admission or
| ||||||
20 | judicial admission and issues an order so finding and | ||||||
21 | discharging the
patient; and upon the recommendation of the | ||||||
22 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
23 | his or her practice.
| ||||||
24 | (e) The Department may refuse to issue or may suspend the | ||||||
25 | license of
any person who fails to file a return, or to pay the | ||||||
26 | tax, penalty or
interest shown in a filed return, or to pay any |
| |||||||
| |||||||
1 | final assessment of tax,
penalty or interest, as required by | ||||||
2 | any tax Act administered by the Department of Revenue, until | ||||||
3 | such time as the requirements of any
such tax Act are | ||||||
4 | satisfied.
| ||||||
5 | (f) The Department of Public Health shall transmit to the
| ||||||
6 | Department a list of those facilities which receive an "A" | ||||||
7 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.)
| ||||||
10 | Section 945. The Illinois Sexually Transmissible Disease | ||||||
11 | Control Act is amended by changing Section 5.5 as follows:
| ||||||
12 | (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||||||
13 | Sec. 5.5. Risk assessment.
| ||||||
14 | (a) Whenever the Department receives a report of HIV | ||||||
15 | infection or AIDS
pursuant to this Act and the Department | ||||||
16 | determines that the subject of the
report may present or may | ||||||
17 | have presented a possible risk of HIV
transmission, the | ||||||
18 | Department shall, when medically appropriate, investigate
the | ||||||
19 | subject of the report and that person's contacts as defined in
| ||||||
20 | subsection (c), to assess the potential risks of transmission. | ||||||
21 | Any
investigation and action shall be conducted in a timely | ||||||
22 | fashion. All
contacts other than those defined in subsection | ||||||
23 | (c) shall be investigated
in accordance with Section 5 of this | ||||||
24 | Act.
|
| |||||||
| |||||||
1 | (b) If the Department determines that there is or may have | ||||||
2 | been
potential risks of HIV transmission from the subject of | ||||||
3 | the report to other
persons, the Department shall afford the | ||||||
4 | subject the opportunity to submit
any information and comment | ||||||
5 | on proposed actions the Department intends to
take with respect | ||||||
6 | to the subject's contacts who are at potential risk of
| ||||||
7 | transmission of HIV prior to notification of the subject's | ||||||
8 | contacts. The
Department shall also afford the subject of the | ||||||
9 | report the opportunity to
notify the subject's contacts in a | ||||||
10 | timely fashion who are at potential risk
of transmission of HIV | ||||||
11 | prior to the Department taking any steps to notify
such | ||||||
12 | contacts. If the subject declines to notify such contacts or if | ||||||
13 | the
Department determines the notices to be inadequate or | ||||||
14 | incomplete, the
Department shall endeavor to notify such other | ||||||
15 | persons of the potential
risk, and offer testing and counseling | ||||||
16 | services to these individuals. When
the contacts are notified, | ||||||
17 | they shall be informed of the disclosure
provisions of the AIDS | ||||||
18 | Confidentiality Act and the penalties therein and
this Section.
| ||||||
19 | (c) Contacts investigated under this Section shall in the | ||||||
20 | case of HIV
infection include (i) individuals who have | ||||||
21 | undergone invasive procedures
performed by an HIV infected | ||||||
22 | health care provider and (ii)
health care providers who have | ||||||
23 | performed invasive procedures for persons
infected with HIV, | ||||||
24 | provided the Department has determined that there is or
may | ||||||
25 | have been potential risk of HIV transmission from the health | ||||||
26 | care
provider to those individuals or from infected persons to |
| |||||||
| |||||||
1 | health care
providers. The Department shall have access to the | ||||||
2 | subject's records to
review for the identity of contacts. The | ||||||
3 | subject's records shall not be
copied or seized by the | ||||||
4 | Department.
| ||||||
5 | For purposes of this subsection, the term "invasive | ||||||
6 | procedures" means
those procedures termed invasive by the | ||||||
7 | Centers for Disease Control in
current guidelines or | ||||||
8 | recommendations for the prevention of HIV
transmission in | ||||||
9 | health care settings, and the term "health care provider"
means | ||||||
10 | any physician, dentist, podiatrist, advanced practice nurse, | ||||||
11 | physician assistant, nurse, or other person providing
health | ||||||
12 | care services of any kind.
| ||||||
13 | (d) All information and records held by the Department and | ||||||
14 | local health
authorities pertaining to activities conducted | ||||||
15 | pursuant to this Section
shall be strictly confidential and | ||||||
16 | exempt from copying and inspection under
the Freedom of | ||||||
17 | Information Act. Such information and records shall not be
| ||||||
18 | released or made public by the Department or local health | ||||||
19 | authorities, and
shall not be admissible as evidence, nor | ||||||
20 | discoverable in any action of any
kind in any court or before | ||||||
21 | any tribunal, board, agency or person and shall
be treated in | ||||||
22 | the same manner as the information and those records subject
to | ||||||
23 | the provisions of Part 21 of the Code of Civil Procedure except | ||||||
24 | under
the following circumstances:
| ||||||
25 | (1) When made with the written consent of all persons | ||||||
26 | to whom this
information pertains;
|
| |||||||
| |||||||
1 | (2) When authorized under Section 8 to be released | ||||||
2 | under court order
or subpoena pursuant to Section 12-5.01 | ||||||
3 | or 12-16.2 of the Criminal Code of 1961; or
| ||||||
4 | (3) When made by the Department for the purpose of | ||||||
5 | seeking a warrant
authorized by Sections 6 and 7 of this | ||||||
6 | Act. Such disclosure shall conform
to the requirements of | ||||||
7 | subsection (a) of Section 8 of this Act.
| ||||||
8 | (e) Any person who knowingly or maliciously disseminates | ||||||
9 | any
information or report concerning the existence of any | ||||||
10 | disease under this
Section is guilty of a Class A misdemeanor.
| ||||||
11 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
12 | Section 950. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 6-106.1 and 6-508 as follows: | ||||||
14 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||||
15 | Sec. 6-106.1. School bus driver permit.
| ||||||
16 | (a) The Secretary of State shall issue a school bus driver
| ||||||
17 | permit to those applicants who have met all the requirements of | ||||||
18 | the
application and screening process under this Section to | ||||||
19 | insure the
welfare and safety of children who are transported | ||||||
20 | on school buses
throughout the State of Illinois. Applicants | ||||||
21 | shall obtain the
proper application required by the Secretary | ||||||
22 | of State from their
prospective or current employer and submit | ||||||
23 | the completed
application to the prospective or current | ||||||
24 | employer along
with the necessary fingerprint submission as |
| |||||||
| |||||||
1 | required by the
Department of
State Police to conduct | ||||||
2 | fingerprint based criminal background
checks on current and | ||||||
3 | future information available in the state
system and current | ||||||
4 | information available through the Federal Bureau
of | ||||||
5 | Investigation's system. Applicants who have completed the
| ||||||
6 | fingerprinting requirements shall not be subjected to the
| ||||||
7 | fingerprinting process when applying for subsequent permits or
| ||||||
8 | submitting proof of successful completion of the annual | ||||||
9 | refresher
course. Individuals who on the effective date of this | ||||||
10 | Act possess a valid
school bus driver permit that has been | ||||||
11 | previously issued by the appropriate
Regional School | ||||||
12 | Superintendent are not subject to the fingerprinting
| ||||||
13 | provisions of this Section as long as the permit remains valid | ||||||
14 | and does not
lapse. The applicant shall be required to pay all | ||||||
15 | related
application and fingerprinting fees as established by | ||||||
16 | rule
including, but not limited to, the amounts established by | ||||||
17 | the Department of
State Police and the Federal Bureau of | ||||||
18 | Investigation to process
fingerprint based criminal background | ||||||
19 | investigations. All fees paid for
fingerprint processing | ||||||
20 | services under this Section shall be deposited into the
State | ||||||
21 | Police Services Fund for the cost incurred in processing the | ||||||
22 | fingerprint
based criminal background investigations. All | ||||||
23 | other fees paid under this
Section shall be deposited into the | ||||||
24 | Road
Fund for the purpose of defraying the costs of the | ||||||
25 | Secretary of State in
administering this Section. All | ||||||
26 | applicants must:
|
| |||||||
| |||||||
1 | 1. be 21 years of age or older;
| ||||||
2 | 2. possess a valid and properly classified driver's | ||||||
3 | license
issued by the Secretary of State;
| ||||||
4 | 3. possess a valid driver's license, which has not been
| ||||||
5 | revoked, suspended, or canceled for 3 years immediately | ||||||
6 | prior to
the date of application, or have not had his or | ||||||
7 | her commercial motor vehicle
driving privileges
| ||||||
8 | disqualified within the 3 years immediately prior to the | ||||||
9 | date of application;
| ||||||
10 | 4. successfully pass a written test, administered by | ||||||
11 | the
Secretary of State, on school bus operation, school bus | ||||||
12 | safety, and
special traffic laws relating to school buses | ||||||
13 | and submit to a review
of the applicant's driving habits by | ||||||
14 | the Secretary of State at the time the
written test is | ||||||
15 | given;
| ||||||
16 | 5. demonstrate ability to exercise reasonable care in | ||||||
17 | the operation of
school buses in accordance with rules | ||||||
18 | promulgated by the Secretary of State;
| ||||||
19 | 6. demonstrate physical fitness to operate school | ||||||
20 | buses by
submitting the results of a medical examination, | ||||||
21 | including tests for drug
use for each applicant not subject | ||||||
22 | to such testing pursuant to
federal law, conducted by a | ||||||
23 | licensed physician, an advanced practice nurse
who has a | ||||||
24 | written collaborative agreement with
a collaborating | ||||||
25 | physician which authorizes him or her to perform medical
| ||||||
26 | examinations, or a physician assistant who has been |
| |||||||
| |||||||
1 | delegated the
performance of medical examinations by his or | ||||||
2 | her supervising physician
within 90 days of the date
of | ||||||
3 | application according to standards promulgated by the | ||||||
4 | Secretary of State;
| ||||||
5 | 7. affirm under penalties of perjury that he or she has | ||||||
6 | not made a
false statement or knowingly concealed a | ||||||
7 | material fact
in any application for permit;
| ||||||
8 | 8. have completed an initial classroom course, | ||||||
9 | including first aid
procedures, in school bus driver safety | ||||||
10 | as promulgated by the Secretary of
State; and after | ||||||
11 | satisfactory completion of said initial course an annual
| ||||||
12 | refresher course; such courses and the agency or | ||||||
13 | organization conducting such
courses shall be approved by | ||||||
14 | the Secretary of State; failure to
complete the annual | ||||||
15 | refresher course, shall result in
cancellation of the | ||||||
16 | permit until such course is completed;
| ||||||
17 | 9. not have been convicted of 2 or more serious traffic | ||||||
18 | offenses, as
defined by rule, within one year prior to the | ||||||
19 | date of application that may
endanger the life or safety of | ||||||
20 | any of the driver's passengers within the
duration of the | ||||||
21 | permit period;
| ||||||
22 | 10. not have been convicted of reckless driving, | ||||||
23 | driving while
intoxicated, or reckless homicide resulting | ||||||
24 | from the operation of a motor
vehicle within 3 years of the | ||||||
25 | date of application;
| ||||||
26 | 11. not have been convicted of committing or attempting
|
| |||||||
| |||||||
1 | to commit any
one or more of the following offenses: (i) | ||||||
2 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
3 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
4 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
5 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
6 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||||||
7 | 12-4.5, 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | ||||||
8 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
9 | 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
| ||||||
10 | 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, | ||||||
11 | 31A-1.1, and
33A-2, and in subsection (a) and subsection | ||||||
12 | (b), clause (1), of Section
12-4 and subdivisions (a)(1), | ||||||
13 | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | ||||||
14 | of Section 12-3.05, of the Criminal Code of 1961; (ii) | ||||||
15 | those offenses defined in the
Cannabis Control Act except | ||||||
16 | those offenses defined in subsections (a) and
(b) of | ||||||
17 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
18 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
19 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
20 | the Methamphetamine Control and Community Protection Act; | ||||||
21 | (v) any offense committed or attempted in any other state | ||||||
22 | or against
the laws of the United States, which if | ||||||
23 | committed or attempted in this
State would be punishable as | ||||||
24 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
25 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
26 | Act and (vii) those offenses defined in Section 6-16 of the |
| |||||||
| |||||||
1 | Liquor Control Act of
1934;
| ||||||
2 | 12. not have been repeatedly involved as a driver in | ||||||
3 | motor vehicle
collisions or been repeatedly convicted of | ||||||
4 | offenses against
laws and ordinances regulating the | ||||||
5 | movement of traffic, to a degree which
indicates lack of | ||||||
6 | ability to exercise ordinary and reasonable care in the
| ||||||
7 | safe operation of a motor vehicle or disrespect for the | ||||||
8 | traffic laws and
the safety of other persons upon the | ||||||
9 | highway;
| ||||||
10 | 13. not have, through the unlawful operation of a motor
| ||||||
11 | vehicle, caused an accident resulting in the death of any | ||||||
12 | person; and
| ||||||
13 | 14. not have, within the last 5 years, been adjudged to | ||||||
14 | be
afflicted with or suffering from any mental disability | ||||||
15 | or disease.
| ||||||
16 | (b) A school bus driver permit shall be valid for a period | ||||||
17 | specified by
the Secretary of State as set forth by rule. It | ||||||
18 | shall be renewable upon compliance with subsection (a) of this
| ||||||
19 | Section.
| ||||||
20 | (c) A school bus driver permit shall contain the holder's | ||||||
21 | driver's
license number, legal name, residence address, zip | ||||||
22 | code, social
security number and date
of birth, a brief | ||||||
23 | description of the holder and a space for signature. The
| ||||||
24 | Secretary of State may require a suitable photograph of the | ||||||
25 | holder.
| ||||||
26 | (d) The employer shall be responsible for conducting a |
| |||||||
| |||||||
1 | pre-employment
interview with prospective school bus driver | ||||||
2 | candidates, distributing school
bus driver applications and | ||||||
3 | medical forms to be completed by the applicant, and
submitting | ||||||
4 | the applicant's fingerprint cards to the Department of State | ||||||
5 | Police
that are required for the criminal background | ||||||
6 | investigations. The employer
shall certify in writing to the | ||||||
7 | Secretary of State that all pre-employment
conditions have been | ||||||
8 | successfully completed including the successful completion
of | ||||||
9 | an Illinois specific criminal background investigation through | ||||||
10 | the
Department of State Police and the submission of necessary
| ||||||
11 | fingerprints to the Federal Bureau of Investigation for | ||||||
12 | criminal
history information available through the Federal | ||||||
13 | Bureau of
Investigation system. The applicant shall present the
| ||||||
14 | certification to the Secretary of State at the time of | ||||||
15 | submitting
the school bus driver permit application.
| ||||||
16 | (e) Permits shall initially be provisional upon receiving
| ||||||
17 | certification from the employer that all pre-employment | ||||||
18 | conditions
have been successfully completed, and upon | ||||||
19 | successful completion of
all training and examination | ||||||
20 | requirements for the classification of
the vehicle to be | ||||||
21 | operated, the Secretary of State shall
provisionally issue a | ||||||
22 | School Bus Driver Permit. The permit shall
remain in a | ||||||
23 | provisional status pending the completion of the
Federal Bureau | ||||||
24 | of Investigation's criminal background investigation based
| ||||||
25 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
26 | of
Investigation by the Department of State Police. The Federal |
| |||||||
| |||||||
1 | Bureau of
Investigation shall report the findings directly to | ||||||
2 | the Secretary
of State. The Secretary of State shall remove the | ||||||
3 | bus driver
permit from provisional status upon the applicant's | ||||||
4 | successful
completion of the Federal Bureau of Investigation's | ||||||
5 | criminal
background investigation.
| ||||||
6 | (f) A school bus driver permit holder shall notify the
| ||||||
7 | employer and the Secretary of State if he or she is convicted | ||||||
8 | in
another state of an offense that would make him or her | ||||||
9 | ineligible
for a permit under subsection (a) of this Section. | ||||||
10 | The
written notification shall be made within 5 days of the | ||||||
11 | entry of
the conviction. Failure of the permit holder to | ||||||
12 | provide the
notification is punishable as a petty
offense for a | ||||||
13 | first violation and a Class B misdemeanor for a
second or | ||||||
14 | subsequent violation.
| ||||||
15 | (g) Cancellation; suspension; notice and procedure.
| ||||||
16 | (1) The Secretary of State shall cancel a school bus
| ||||||
17 | driver permit of an applicant whose criminal background | ||||||
18 | investigation
discloses that he or she is not in compliance | ||||||
19 | with the provisions of subsection
(a) of this Section.
| ||||||
20 | (2) The Secretary of State shall cancel a school
bus | ||||||
21 | driver permit when he or she receives notice that the | ||||||
22 | permit holder fails
to comply with any provision of this | ||||||
23 | Section or any rule promulgated for the
administration of | ||||||
24 | this Section.
| ||||||
25 | (3) The Secretary of State shall cancel a school bus
| ||||||
26 | driver permit if the permit holder's restricted commercial |
| |||||||
| |||||||
1 | or
commercial driving privileges are withdrawn or | ||||||
2 | otherwise
invalidated.
| ||||||
3 | (4) The Secretary of State may not issue a school bus
| ||||||
4 | driver permit for a period of 3 years to an applicant who | ||||||
5 | fails to
obtain a negative result on a drug test as | ||||||
6 | required in item 6 of
subsection (a) of this Section or | ||||||
7 | under federal law.
| ||||||
8 | (5) The Secretary of State shall forthwith suspend
a | ||||||
9 | school bus driver permit for a period of 3 years upon | ||||||
10 | receiving
notice that the holder has failed to obtain a | ||||||
11 | negative result on a
drug test as required in item 6 of | ||||||
12 | subsection (a) of this Section
or under federal law.
| ||||||
13 | (6) The Secretary of State shall suspend a school bus | ||||||
14 | driver permit for a period of 3 years upon receiving notice | ||||||
15 | from the employer that the holder failed to perform the | ||||||
16 | inspection procedure set forth in subsection (a) or (b) of | ||||||
17 | Section 12-816 of this Code. | ||||||
18 | The Secretary of State shall notify the State | ||||||
19 | Superintendent
of Education and the permit holder's | ||||||
20 | prospective or current
employer that the applicant has (1) has | ||||||
21 | failed a criminal
background investigation or (2) is no
longer | ||||||
22 | eligible for a school bus driver permit; and of the related
| ||||||
23 | cancellation of the applicant's provisional school bus driver | ||||||
24 | permit. The
cancellation shall remain in effect pending the | ||||||
25 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
26 | The scope of the
hearing shall be limited to the issuance |
| |||||||
| |||||||
1 | criteria contained in
subsection (a) of this Section. A | ||||||
2 | petition requesting a
hearing shall be submitted to the | ||||||
3 | Secretary of State and shall
contain the reason the individual | ||||||
4 | feels he or she is entitled to a
school bus driver permit. The | ||||||
5 | permit holder's
employer shall notify in writing to the | ||||||
6 | Secretary of State
that the employer has certified the removal | ||||||
7 | of the offending school
bus driver from service prior to the | ||||||
8 | start of that school bus
driver's next workshift. An employing | ||||||
9 | school board that fails to
remove the offending school bus | ||||||
10 | driver from service is
subject to the penalties defined in | ||||||
11 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
12 | violates a provision of this Section is
subject to the | ||||||
13 | penalties defined in Section 6-106.11.
| ||||||
14 | All valid school bus driver permits issued under this | ||||||
15 | Section
prior to January 1, 1995, shall remain effective until | ||||||
16 | their
expiration date unless otherwise invalidated.
| ||||||
17 | (h) When a school bus driver permit holder who is a service | ||||||
18 | member is called to active duty, the employer of the permit | ||||||
19 | holder shall notify the Secretary of State, within 30 days of | ||||||
20 | notification from the permit holder, that the permit holder has | ||||||
21 | been called to active duty. Upon notification pursuant to this | ||||||
22 | subsection, (i) the Secretary of State shall characterize the | ||||||
23 | permit as inactive until a permit holder renews the permit as | ||||||
24 | provided in subsection (i) of this Section, and (ii) if a | ||||||
25 | permit holder fails to comply with the requirements of this | ||||||
26 | Section while called to active duty, the Secretary of State |
| |||||||
| |||||||
1 | shall not characterize the permit as invalid. | ||||||
2 | (i) A school bus driver permit holder who is a service | ||||||
3 | member returning from active duty must, within 90 days, renew a | ||||||
4 | permit characterized as inactive pursuant to subsection (h) of | ||||||
5 | this Section by complying with the renewal requirements of | ||||||
6 | subsection (b) of this Section. | ||||||
7 | (j) For purposes of subsections (h) and (i) of this | ||||||
8 | Section: | ||||||
9 | "Active duty" means active duty pursuant to an executive | ||||||
10 | order of the President of the United States, an act of the | ||||||
11 | Congress of the United States, or an order of the Governor. | ||||||
12 | "Service member" means a member of the Armed Services or | ||||||
13 | reserve forces of the United States or a member of the Illinois | ||||||
14 | National Guard. | ||||||
15 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
16 | revised 12-1-09.)
| ||||||
17 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
18 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
19 | qualification standards.
| ||||||
20 | (a) Testing.
| ||||||
21 | (1) General. No person shall be issued an original or | ||||||
22 | renewal CDL
unless that person is
domiciled in this State. | ||||||
23 | The Secretary shall cause to be administered such
tests as | ||||||
24 | the Secretary deems necessary to meet the requirements of | ||||||
25 | 49
C.F.R. Part 383, subparts F, G, H, and J.
|
| |||||||
| |||||||
1 | (2) Third party testing. The Secretary of state may | ||||||
2 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
3 | Part 383.75, to administer the
skills test or tests | ||||||
4 | specified by Federal Motor Carrier Safety
Administration | ||||||
5 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||||
6 | and any appropriate federal rule.
| ||||||
7 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
8 | the skills
test specified in this Section for a driver | ||||||
9 | applicant for a commercial driver license
who meets the | ||||||
10 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||||||
11 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
12 | commercial driver
instruction permit, shall not be issued to a | ||||||
13 | person while the person is
subject to a disqualification from | ||||||
14 | driving a commercial motor vehicle, or
unless otherwise | ||||||
15 | permitted by this Code, while the person's driver's
license is | ||||||
16 | suspended, revoked or cancelled in
any state, or any territory | ||||||
17 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
18 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
19 | unless the person first surrenders all such
licenses. No CDL | ||||||
20 | shall be issued to or renewed for a person who does not
meet | ||||||
21 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
22 | met with
the aid of a hearing aid.
| ||||||
23 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
24 | driver endorsement
to allow a person to drive the type of bus | ||||||
25 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
26 | The CDL with a school bus driver endorsement may be
issued only |
| |||||||
| |||||||
1 | to a person meeting the following requirements:
| ||||||
2 | (1) the person has submitted his or her fingerprints to | ||||||
3 | the
Department of State Police in the form and manner
| ||||||
4 | prescribed by the Department of State Police. These
| ||||||
5 | fingerprints shall be checked against the fingerprint | ||||||
6 | records
now and hereafter filed in the Department of State | ||||||
7 | Police and
Federal Bureau of Investigation criminal | ||||||
8 | history records databases;
| ||||||
9 | (2) the person has passed a written test, administered | ||||||
10 | by the Secretary of
State, on charter bus operation, | ||||||
11 | charter bus safety, and certain special
traffic laws
| ||||||
12 | relating to school buses determined by the Secretary of | ||||||
13 | State to be relevant to
charter buses, and submitted to a | ||||||
14 | review of the driver applicant's driving
habits by the | ||||||
15 | Secretary of State at the time the written test is given;
| ||||||
16 | (3) the person has demonstrated physical fitness to | ||||||
17 | operate school buses
by
submitting the results of a medical | ||||||
18 | examination, including tests for drug
use; and
| ||||||
19 | (4) the person has not been convicted of committing or | ||||||
20 | attempting
to commit any
one or more of the following | ||||||
21 | offenses: (i) those offenses defined in
Sections 9-1, | ||||||
22 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| ||||||
23 | 10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | ||||||
24 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
| ||||||
25 | 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, | ||||||
26 | 12-4.3, 12-4.4, 12-4.5, 12-5.01,
12-6, 12-6.2, 12-7.1, |
| |||||||
| |||||||
1 | 12-7.3, 12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, | ||||||
2 | 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, | ||||||
3 | 18-4, 18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
4 | 24-3.3, 31A-1, 31A-1.1, and
33A-2, and in subsection (a) | ||||||
5 | and subsection (b), clause (1), of Section
12-4 and | ||||||
6 | subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), | ||||||
7 | (e)(3), (e)(4), and (f)(1) of Section 12-3.05, of the | ||||||
8 | Criminal Code of 1961; (ii) those offenses defined in the
| ||||||
9 | Cannabis Control Act except those offenses defined in | ||||||
10 | subsections (a) and
(b) of Section 4, and subsection (a) of | ||||||
11 | Section 5 of the Cannabis Control
Act; (iii) those offenses | ||||||
12 | defined in the Illinois Controlled Substances
Act; (iv) | ||||||
13 | those offenses defined in the Methamphetamine Control and | ||||||
14 | Community Protection Act; (v) any offense committed or | ||||||
15 | attempted in any other state or against
the laws of the | ||||||
16 | United States, which if committed or attempted in this
| ||||||
17 | State would be punishable as one or more of the foregoing | ||||||
18 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
19 | of the Wrongs to Children Act; and (vii) those offenses | ||||||
20 | defined in Section 6-16 of the Liquor Control Act of
1934.
| ||||||
21 | The Department of State Police shall charge
a fee for | ||||||
22 | conducting the criminal history records check, which shall be
| ||||||
23 | deposited into the State Police Services Fund and may not | ||||||
24 | exceed the actual
cost of the records check.
| ||||||
25 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
26 | endorsement to allow a person to drive a school bus as defined |
| |||||||
| |||||||
1 | in this Section. The CDL shall be issued according to the | ||||||
2 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
3 | operate a school bus as defined in this Section without a | ||||||
4 | school bus endorsement. The Secretary of State may adopt rules | ||||||
5 | consistent with Federal guidelines to implement this | ||||||
6 | subsection (c-2).
| ||||||
7 | (d) Commercial driver instruction permit. A commercial | ||||||
8 | driver
instruction permit may be issued to any person holding a | ||||||
9 | valid Illinois
driver's license if such person successfully | ||||||
10 | passes such tests as the
Secretary determines to be necessary.
| ||||||
11 | A commercial driver instruction permit shall not be issued to a | ||||||
12 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
13 | (b)(11), except for the renewal of a
commercial driver
| ||||||
14 | instruction permit for a person who possesses a commercial | ||||||
15 | instruction permit
prior to the
effective date of this | ||||||
16 | amendatory Act of 1999.
| ||||||
17 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
18 | 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| ||||||
19 | Section 955. The Juvenile Court Act of 1987 is amended by | ||||||
20 | changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as | ||||||
21 | follows:
| ||||||
22 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
23 | Sec. 2-25. Order of protection.
| ||||||
24 | (1) The court may make an order of
protection in assistance |
| |||||||
| |||||||
1 | of or as a condition of any other order authorized
by this Act. | ||||||
2 | The order of protection shall be based on the health, safety
| ||||||
3 | and best interests of the minor and may set forth reasonable | ||||||
4 | conditions of
behavior to be observed for a specified period. | ||||||
5 | Such an order may require a
person:
| ||||||
6 | (a) to stay away from the home or the minor;
| ||||||
7 | (b) to permit a parent to visit the minor at stated | ||||||
8 | periods;
| ||||||
9 | (c) to abstain from offensive conduct against the | ||||||
10 | minor, his parent or
any person to whom custody of the | ||||||
11 | minor is awarded;
| ||||||
12 | (d) to give proper attention to the care of the home;
| ||||||
13 | (e) to cooperate in good faith with an agency to which | ||||||
14 | custody of a
minor is entrusted by the court or with an | ||||||
15 | agency or association to which
the minor is referred by the | ||||||
16 | court;
| ||||||
17 | (f) to prohibit and prevent any contact whatsoever with | ||||||
18 | the respondent
minor by a specified individual or | ||||||
19 | individuals who are alleged in either a
criminal or | ||||||
20 | juvenile proceeding to have caused injury to a respondent
| ||||||
21 | minor or a sibling of a respondent minor;
| ||||||
22 | (g) to refrain from acts of commission or omission that | ||||||
23 | tend to make
the home not a proper place for the minor;
| ||||||
24 | (h) to refrain from contacting the minor and the foster | ||||||
25 | parents in any
manner that is not specified in writing in | ||||||
26 | the case plan.
|
| |||||||
| |||||||
1 | (2) The court shall enter an order of protection
to | ||||||
2 | prohibit and prevent any contact between a respondent minor
or | ||||||
3 | a sibling of a respondent minor and any person named in a | ||||||
4 | petition
seeking an order of protection who has been convicted | ||||||
5 | of
heinous battery under Section 12-4.1 or aggravated battery | ||||||
6 | under subdivision (a)(2) of Section 12-3.05 ,
aggravated | ||||||
7 | battery of a child under Section 12-4.3 or aggravated battery | ||||||
8 | under subdivision (b)(1) of Section 12-3.05 , criminal sexual | ||||||
9 | assault
under Section 12-13, aggravated criminal sexual | ||||||
10 | assault under Section
12-14,
predatory criminal sexual assault | ||||||
11 | of a child under Section 12-14.1,
criminal sexual abuse under | ||||||
12 | Section 12-15, or aggravated criminal
sexual abuse under | ||||||
13 | Section 12-16 of the Criminal Code of 1961, or has been
| ||||||
14 | convicted of an offense that resulted in the death of a child, | ||||||
15 | or has
violated a previous order of protection under this | ||||||
16 | Section.
| ||||||
17 | (3) When the court issues an order of protection against | ||||||
18 | any person as
provided by this Section, the court shall direct | ||||||
19 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
20 | shall furnish a copy of the order of
protection to the | ||||||
21 | Department of State Police within 24 hours of
receipt, in the | ||||||
22 | form and manner required by the Department. The Department
of | ||||||
23 | State Police shall maintain a complete record and index of such | ||||||
24 | orders
of protection and make this data available to all local | ||||||
25 | law enforcement
agencies.
| ||||||
26 | (4) After notice and opportunity for hearing afforded to a |
| |||||||
| |||||||
1 | person
subject to an order of protection, the order may be | ||||||
2 | modified or extended
for a further specified period or both or | ||||||
3 | may be terminated if the court
finds that the health, safety, | ||||||
4 | and best interests of the minor and the
public will be served
| ||||||
5 | thereby.
| ||||||
6 | (5) An order of protection may be sought at any time during | ||||||
7 | the course
of any proceeding conducted pursuant to this Act if | ||||||
8 | such an order is
consistent with the
health, safety, and best | ||||||
9 | interests of the minor. Any person against whom
an order of | ||||||
10 | protection is sought may retain counsel to represent him at a
| ||||||
11 | hearing, and has rights to be present at the hearing, to be | ||||||
12 | informed prior
to the hearing in writing of the contents of the | ||||||
13 | petition seeking a
protective order and of the date, place and | ||||||
14 | time of such hearing, and to
cross examine witnesses called by | ||||||
15 | the petitioner and to present witnesses
and argument in | ||||||
16 | opposition to the relief sought in the petition.
| ||||||
17 | (6) Diligent efforts shall be made by the petitioner to | ||||||
18 | serve any person
or persons against whom any order of | ||||||
19 | protection is sought with written
notice of the contents of the | ||||||
20 | petition seeking a protective order and
of the date, place and | ||||||
21 | time at which the hearing on the petition is to be
held. When a | ||||||
22 | protective order is being sought in conjunction with a
| ||||||
23 | temporary custody hearing, if the court finds that the person | ||||||
24 | against whom
the protective order is being sought has been | ||||||
25 | notified of the hearing or
that diligent efforts have been made | ||||||
26 | to notify such person, the court may
conduct a hearing. If a |
| |||||||
| |||||||
1 | protective order is sought at any time other than
in | ||||||
2 | conjunction with a temporary custody hearing, the court may
not | ||||||
3 | conduct a hearing on the petition in the absence of the person | ||||||
4 | against
whom the order is sought unless the petitioner has | ||||||
5 | notified such person by
personal service at least 3 days before | ||||||
6 | the hearing or has sent written
notice by first class mail to | ||||||
7 | such person's last known address at least 5
days before the | ||||||
8 | hearing.
| ||||||
9 | (7) A person against whom an order of protection is being | ||||||
10 | sought who is
neither a parent, guardian, legal custodian or | ||||||
11 | responsible relative as
described in Section 1-5 is not a party | ||||||
12 | or respondent as defined in that
Section and shall not be | ||||||
13 | entitled to the rights provided therein.
Such person does not | ||||||
14 | have a right to appointed counsel or to be
present at any | ||||||
15 | hearing other than the hearing in which the order of protection
| ||||||
16 | is being sought or a hearing directly pertaining to that order. | ||||||
17 | Unless the
court orders otherwise, such person does not have a | ||||||
18 | right to inspect the court
file.
| ||||||
19 | (8) All protective orders entered under this Section shall | ||||||
20 | be in
writing. Unless the person against whom the order was | ||||||
21 | obtained was present
in court when the order was issued, the | ||||||
22 | sheriff, other law enforcement
official or special process | ||||||
23 | server shall
promptly serve that order upon that person and | ||||||
24 | file proof of such service,
in the manner provided for service | ||||||
25 | of process in civil proceedings. The
person against whom the | ||||||
26 | protective order was obtained may seek a
modification of the |
| |||||||
| |||||||
1 | order by filing a written motion to modify the order
within 7 | ||||||
2 | days after actual receipt by the person of a copy of the order. | ||||||
3 | Any
modification of the order granted by the court must be | ||||||
4 | determined to be
consistent with the best interests of the | ||||||
5 | minor.
| ||||||
6 | (9) If a petition is filed charging a violation of a | ||||||
7 | condition contained in the
protective order and if the court | ||||||
8 | determines that this violation is of a critical service | ||||||
9 | necessary to the safety and welfare of the minor, the court may | ||||||
10 | proceed to findings and an order for temporary custody.
| ||||||
11 | (Source: P.A. 95-405, eff. 6-1-08 .)
| ||||||
12 | (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||||||
13 | Sec. 3-26. Order of protection.
| ||||||
14 | (1) The court may make an order of
protection in assistance | ||||||
15 | of or as a
condition of any other order authorized by this Act. | ||||||
16 | The order of
protection may set forth reasonable conditions of | ||||||
17 | behavior to be observed
for a specified period. Such an order | ||||||
18 | may require a person:
| ||||||
19 | (a) To stay away from the home or the minor;
| ||||||
20 | (b) To permit a parent to visit the minor at stated | ||||||
21 | periods;
| ||||||
22 | (c) To abstain from offensive conduct against the | ||||||
23 | minor, his parent or
any person to whom custody of the | ||||||
24 | minor is awarded;
| ||||||
25 | (d) To give proper attention to the care of the home;
|
| |||||||
| |||||||
1 | (e) To cooperate in good faith with an agency to which | ||||||
2 | custody of a
minor is entrusted by the court or with an | ||||||
3 | agency or association to which
the minor is referred by the | ||||||
4 | court;
| ||||||
5 | (f) To prohibit and prevent any contact whatsoever with | ||||||
6 | the respondent
minor by a specified individual or | ||||||
7 | individuals who are alleged in either a
criminal or | ||||||
8 | juvenile proceeding to have caused injury to a respondent
| ||||||
9 | minor or a sibling of a respondent minor;
| ||||||
10 | (g) To refrain from acts of commission or omission that | ||||||
11 | tend to make
the home not a proper place for the minor.
| ||||||
12 | (2) The court shall enter an order of protection
to | ||||||
13 | prohibit and prevent any contact between a respondent minor
or | ||||||
14 | a sibling of a respondent minor and any person named in a | ||||||
15 | petition
seeking an order of protection who has been convicted | ||||||
16 | of
heinous battery under Section 12-4.1 or aggravated battery | ||||||
17 | under subdivision (a)(2) of Section 12-3.05 ,
aggravated | ||||||
18 | battery of a child under Section 12-4.3 or aggravated battery | ||||||
19 | under subdivision (b)(1) of Section 12-3.05 , criminal sexual | ||||||
20 | assault
under Section 12-13, aggravated criminal sexual | ||||||
21 | assault under Section
12-14,
predatory criminal sexual assault | ||||||
22 | of a child under Section 12-14.1,
criminal sexual abuse under | ||||||
23 | Section 12-15, or aggravated criminal
sexual abuse under | ||||||
24 | Section 12-16 of the Criminal Code of 1961, or has been
| ||||||
25 | convicted of an offense that resulted in the death of a child, | ||||||
26 | or has
violated a previous order of protection under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (3) When the court issues an order of protection against | ||||||
3 | any person as
provided by this Section, the court shall direct | ||||||
4 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
5 | shall furnish a copy of the
order of protection to the | ||||||
6 | Department of State Police within 24
hours of
receipt, in the | ||||||
7 | form and manner required by the Department. The Department
of | ||||||
8 | State Police shall maintain a complete record and index of such | ||||||
9 | orders
of protection and make this data available to all local | ||||||
10 | law enforcement
agencies.
| ||||||
11 | (4) After notice and opportunity for hearing afforded to a | ||||||
12 | person
subject to an order of protection, the order may be | ||||||
13 | modified or extended
for a further specified period or both or | ||||||
14 | may be terminated if the court
finds that the best interests of | ||||||
15 | the minor and the public will be served
thereby.
| ||||||
16 | (5) An order of protection may be sought at any time during | ||||||
17 | the course
of any proceeding conducted pursuant to this Act. | ||||||
18 | Any person against whom
an order of protection is sought may | ||||||
19 | retain counsel to represent him at a
hearing, and has rights to | ||||||
20 | be present at the hearing, to be informed prior
to the hearing | ||||||
21 | in writing of the contents of the petition seeking a
protective | ||||||
22 | order and of the date, place and time of such hearing, and to
| ||||||
23 | cross examine witnesses called by the petitioner and to present | ||||||
24 | witnesses
and argument in opposition to the relief sought in | ||||||
25 | the petition.
| ||||||
26 | (6) Diligent efforts shall be made by the petitioner to |
| |||||||
| |||||||
1 | serve any person
or persons against whom any order of | ||||||
2 | protection is sought with written
notice of the contents of the | ||||||
3 | petition seeking a protective order and
of the date, place and | ||||||
4 | time at
which the hearing on the petition is to be held. When a | ||||||
5 | protective order
is being sought in conjunction with a shelter | ||||||
6 | care hearing, if
the court finds that the person against whom | ||||||
7 | the protective order is being
sought has been notified of the | ||||||
8 | hearing or that diligent efforts have been
made to notify such | ||||||
9 | person, the court may conduct a hearing. If a
protective order | ||||||
10 | is sought at any time other than in conjunction with a
shelter | ||||||
11 | care hearing, the court may not conduct a hearing on
the | ||||||
12 | petition in the absence of the person against whom the order is | ||||||
13 | sought
unless the petitioner has notified such person by | ||||||
14 | personal service at least
3 days before the hearing or has sent | ||||||
15 | written notice by first class
mail to such person's last known | ||||||
16 | address at least 5 days before the hearing.
| ||||||
17 | (7) A person against whom an order of protection is being | ||||||
18 | sought who is
neither a parent, guardian, legal custodian or | ||||||
19 | responsible relative as
described in Section 1-5 is not a party | ||||||
20 | or respondent as defined in that
Section and shall not be | ||||||
21 | entitled to the rights provided therein.
Such person does not | ||||||
22 | have a right to appointed counsel or to be
present at any | ||||||
23 | hearing other than the hearing in which the order of
protection | ||||||
24 | is being sought or a hearing directly pertaining to that order.
| ||||||
25 | Unless the court orders otherwise, such person does not have a | ||||||
26 | right to
inspect the court file.
|
| |||||||
| |||||||
1 | (8) All protective orders entered under this Section shall | ||||||
2 | be in
writing. Unless the person against whom the order was | ||||||
3 | obtained was present
in court when the order was issued,
the | ||||||
4 | sheriff, other law enforcement official or special process | ||||||
5 | server shall
promptly serve that order upon that person and | ||||||
6 | file proof of such service,
in the manner provided for service | ||||||
7 | of process in civil proceedings. The
person against whom the | ||||||
8 | protective order was obtained may seek a
modification of the | ||||||
9 | order by filing a written motion to modify the order
within 7 | ||||||
10 | days after actual receipt by the person of a copy of the order.
| ||||||
11 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
12 | 90-655, eff.
7-30-98.)
| ||||||
13 | (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||||||
14 | Sec. 4-23. Order of protection.
| ||||||
15 | (1) The court may make an order of
protection in assistance | ||||||
16 | of or as a
condition of any other order authorized by this Act. | ||||||
17 | The order of
protection may set forth reasonable conditions of | ||||||
18 | behavior to be observed
for a specified period. Such an order | ||||||
19 | may require a person:
| ||||||
20 | (a) To stay away from the home or the minor;
| ||||||
21 | (b) To permit a parent to visit the minor at stated | ||||||
22 | periods;
| ||||||
23 | (c) To abstain from offensive conduct against the | ||||||
24 | minor, his parent or
any person to whom custody of the | ||||||
25 | minor is awarded;
|
| |||||||
| |||||||
1 | (d) To give proper attention to the care of the home;
| ||||||
2 | (e) To cooperate in good faith with an agency to which | ||||||
3 | custody of a
minor is entrusted by the court or with an | ||||||
4 | agency or association to which
the minor is referred by the | ||||||
5 | court;
| ||||||
6 | (f) To prohibit and prevent any contact whatsoever with | ||||||
7 | the respondent
minor by a specified individual or | ||||||
8 | individuals who are alleged in either a
criminal or | ||||||
9 | juvenile proceeding to have caused injury to a respondent
| ||||||
10 | minor or a sibling of a respondent minor;
| ||||||
11 | (g) To refrain from acts of commission or omission that | ||||||
12 | tend to make
the home not a proper place for the minor.
| ||||||
13 | (2) The court shall enter an order of protection
to | ||||||
14 | prohibit and prevent any contact between a respondent minor
or | ||||||
15 | a sibling of a respondent minor and any person named in a | ||||||
16 | petition
seeking an order of protection who has been convicted | ||||||
17 | of
heinous battery under Section 12-4.1 or aggravated battery | ||||||
18 | under subdivision (a)(2) of Section 12-3.05 ,
aggravated | ||||||
19 | battery of a child under Section 12-4.3 or aggravated battery | ||||||
20 | under subdivision (b)(1) of Section 12-3.05 , criminal sexual | ||||||
21 | assault
under Section 12-13, aggravated criminal sexual | ||||||
22 | assault under Section
12-14,
predatory criminal sexual assault | ||||||
23 | of a child under Section 12-14.1,
criminal sexual abuse under | ||||||
24 | Section 12-15, or aggravated criminal
sexual abuse under | ||||||
25 | Section 12-16 of the Criminal Code of 1961, or has been
| ||||||
26 | convicted of an offense that resulted in the death of a child, |
| |||||||
| |||||||
1 | or has
violated a previous order of protection under this | ||||||
2 | Section.
| ||||||
3 | (3) When the court issues an order of protection against | ||||||
4 | any person as
provided by this Section, the court shall direct | ||||||
5 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
6 | shall furnish a copy of the
order of protection to the | ||||||
7 | Department of State Police within 24
hours of
receipt, in the | ||||||
8 | form and manner required by the Department. The Department
of | ||||||
9 | State Police shall maintain a complete record and index of such | ||||||
10 | orders
of protection and make this data available to all local | ||||||
11 | law enforcement
agencies.
| ||||||
12 | (4) After notice and opportunity for hearing afforded to a | ||||||
13 | person
subject to an order of protection, the order may be | ||||||
14 | modified or extended
for a further specified period or both or | ||||||
15 | may be terminated if the court
finds that the best interests of | ||||||
16 | the minor and the public will be served
thereby.
| ||||||
17 | (5) An order of protection may be sought at any time during | ||||||
18 | the course
of any proceeding conducted pursuant to this Act. | ||||||
19 | Any person against whom
an order of protection is sought may | ||||||
20 | retain counsel to represent him at a
hearing, and has rights to | ||||||
21 | be present at the hearing, to be informed prior
to the hearing | ||||||
22 | in writing of the contents of the petition seeking a
protective | ||||||
23 | order and of the date, place and time of such hearing, and to
| ||||||
24 | cross examine witnesses called by the petitioner and to present | ||||||
25 | witnesses
and argument in opposition to the relief sought in | ||||||
26 | the petition.
|
| |||||||
| |||||||
1 | (6) Diligent efforts shall be made by the petitioner to | ||||||
2 | serve any person
or persons against whom any order of | ||||||
3 | protection is sought with written
notice of the contents of the | ||||||
4 | petition seeking a protective order and
of the date, place and | ||||||
5 | time at
which the hearing on the petition is to be held. When a | ||||||
6 | protective order
is being sought in conjunction with a shelter | ||||||
7 | care hearing, if
the court finds that the person against whom | ||||||
8 | the protective order is being
sought has been notified of the | ||||||
9 | hearing or that diligent efforts have been
made to notify such | ||||||
10 | person, the court may conduct a hearing. If a
protective order | ||||||
11 | is sought at any time other than in conjunction with a
shelter | ||||||
12 | care hearing, the court may not conduct a hearing on
the | ||||||
13 | petition in the absence of the person against whom the order is | ||||||
14 | sought
unless the petitioner has notified such person by | ||||||
15 | personal service at least
3 days before the hearing or has sent | ||||||
16 | written notice by first class
mail to such person's last known | ||||||
17 | address at least 5 days before the hearing.
| ||||||
18 | (7) A person against whom an order of protection is being | ||||||
19 | sought who is
neither a parent, guardian, legal custodian or | ||||||
20 | responsible relative as
described in Section 1-5 is not a party | ||||||
21 | or respondent as defined in that
Section and shall not be | ||||||
22 | entitled to the rights provided therein.
Such person does not | ||||||
23 | have a right to appointed counsel or to be
present at any | ||||||
24 | hearing other than the hearing in which the order of
protection | ||||||
25 | is being sought or a hearing directly pertaining to that order.
| ||||||
26 | Unless the court orders otherwise, such person does not have a |
| |||||||
| |||||||
1 | right to
inspect the court file.
| ||||||
2 | (8) All protective orders entered under this Section shall | ||||||
3 | be in
writing. Unless the person against whom the order was | ||||||
4 | obtained was present
in court when the order was issued,
the | ||||||
5 | sheriff, other law enforcement official or special process | ||||||
6 | server shall
promptly serve that order upon that person and | ||||||
7 | file proof of such service,
in the manner provided for service | ||||||
8 | of process in civil proceedings. The
person against whom the | ||||||
9 | protective order was obtained may seek a
modification of the | ||||||
10 | order by filing a written motion to modify the order
within 7 | ||||||
11 | days after actual receipt by the person of a copy of the order.
| ||||||
12 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
13 | 90-655, eff.
7-30-98.)
| ||||||
14 | (705 ILCS 405/5-130)
| ||||||
15 | Sec. 5-130. Excluded jurisdiction.
| ||||||
16 | (1) (a) The definition of delinquent minor under Section | ||||||
17 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
18 | time of an offense was at
least 15 years of age and who is | ||||||
19 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
20 | sexual assault, (iii) aggravated battery with a firearm as | ||||||
21 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
22 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
23 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
24 | Criminal Code of 1961, (iv) armed robbery when the
armed | ||||||
25 | robbery was committed with a firearm, or (v)
aggravated |
| |||||||
| |||||||
1 | vehicular hijacking
when the hijacking was committed with a | ||||||
2 | firearm.
| ||||||
3 | These charges and all other charges arising out of the same | ||||||
4 | incident shall
be prosecuted under the criminal laws of this | ||||||
5 | State.
| ||||||
6 | (b) (i) If before trial or plea an information or | ||||||
7 | indictment is filed that
does not charge an offense specified | ||||||
8 | in paragraph (a) of this subsection
(1) the State's Attorney | ||||||
9 | may proceed on any lesser charge or charges, but
only in | ||||||
10 | Juvenile Court under the provisions of this Article. The | ||||||
11 | State's
Attorney may proceed under the Criminal Code of 1961 on | ||||||
12 | a lesser charge if
before trial the minor defendant knowingly | ||||||
13 | and with advice of counsel waives,
in writing, his or her right | ||||||
14 | to have the matter proceed in Juvenile Court.
| ||||||
15 | (ii) If before trial or plea an information or indictment | ||||||
16 | is filed that
includes one or more charges specified in | ||||||
17 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
18 | that are not specified in that paragraph, all of the charges
| ||||||
19 | arising out of the same incident shall be prosecuted under the | ||||||
20 | Criminal Code of
1961.
| ||||||
21 | (c) (i) If after trial or plea the minor is convicted of | ||||||
22 | any offense
covered by paragraph (a) of this subsection (1), | ||||||
23 | then, in sentencing the minor,
the court shall have available | ||||||
24 | any or all dispositions prescribed for that
offense under | ||||||
25 | Chapter V of the Unified Code of Corrections.
| ||||||
26 | (ii) If after trial or plea the court finds that the minor |
| |||||||
| |||||||
1 | committed an
offense not covered by paragraph (a) of this | ||||||
2 | subsection (1), that finding shall
not invalidate the verdict | ||||||
3 | or the prosecution of the minor under the criminal
laws of the | ||||||
4 | State; however, unless the State requests a hearing for the
| ||||||
5 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
6 | Code of
Corrections, the Court must proceed under Sections | ||||||
7 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
8 | State must file a written motion within 10
days following the | ||||||
9 | entry of a finding or the return of a verdict. Reasonable
| ||||||
10 | notice of the motion shall be given to the minor or his or her | ||||||
11 | counsel.
If the motion is made by the State, the court shall | ||||||
12 | conduct a hearing to
determine if the minor should be sentenced | ||||||
13 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
14 | its determination, the court shall consider among
other | ||||||
15 | matters: (a) whether there is
evidence that the offense was | ||||||
16 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
17 | of the minor; (c) the previous history of the
minor; (d) | ||||||
18 | whether there are facilities particularly available to the | ||||||
19 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
20 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
21 | security of the public requires sentencing under Chapter V of | ||||||
22 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
23 | possessed a deadly
weapon when committing the offense. The | ||||||
24 | rules of evidence shall be the same as
if at trial. If after | ||||||
25 | the hearing the court finds that the minor should be
sentenced | ||||||
26 | under Chapter V of the Unified Code of Corrections, then the |
| |||||||
| |||||||
1 | court
shall sentence the minor accordingly having available to | ||||||
2 | it any or all
dispositions so prescribed.
| ||||||
3 | (2) (Blank).
| ||||||
4 | (3) (a) The definition of delinquent minor under Section
| ||||||
5 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
6 | time of the offense was at
least 15 years of age and who is | ||||||
7 | charged with a violation of the provisions of
paragraph (1), | ||||||
8 | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||||||
9 | Criminal Code of 1961 while in school, regardless of the time | ||||||
10 | of day or the
time of year, or on the real property comprising | ||||||
11 | any school, regardless of the
time of day or the time of year. | ||||||
12 | School is defined, for purposes of this
Section as any public | ||||||
13 | or private elementary or secondary school, community
college, | ||||||
14 | college, or university. These charges and all other charges | ||||||
15 | arising
out of the same incident shall be prosecuted under the | ||||||
16 | criminal laws of this
State.
| ||||||
17 | (b) (i) If before trial or plea an information or | ||||||
18 | indictment is filed that
does not charge an offense specified | ||||||
19 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
20 | may proceed on any lesser charge or charges, but only in
| ||||||
21 | Juvenile Court under the provisions of this Article. The | ||||||
22 | State's Attorney may
proceed under the criminal laws of this | ||||||
23 | State on a lesser charge if before
trial the minor defendant | ||||||
24 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
25 | her right to have the matter proceed in Juvenile Court.
| ||||||
26 | (ii) If before trial or plea an information or indictment |
| |||||||
| |||||||
1 | is filed that
includes one or more charges specified in | ||||||
2 | paragraph (a) of this subsection (3)
and additional charges | ||||||
3 | that are not specified in that paragraph, all of the
charges | ||||||
4 | arising out of the same incident shall be prosecuted under the | ||||||
5 | criminal
laws of this State.
| ||||||
6 | (c) (i) If after trial or plea the minor is convicted of | ||||||
7 | any offense
covered by paragraph (a) of this subsection (3), | ||||||
8 | then, in sentencing the minor,
the court shall have available | ||||||
9 | any or all dispositions prescribed for that
offense under | ||||||
10 | Chapter V of the Unified Code of Corrections.
| ||||||
11 | (ii) If after trial or plea the court finds that the minor | ||||||
12 | committed an
offense not covered by paragraph (a) of this | ||||||
13 | subsection (3), that finding shall
not invalidate the verdict | ||||||
14 | or the prosecution of the minor under the criminal
laws of the | ||||||
15 | State; however, unless the State requests a hearing for the
| ||||||
16 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
17 | Code of
Corrections, the Court must proceed under Sections | ||||||
18 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
19 | State must file a written motion within 10
days following the | ||||||
20 | entry of a finding or the return of a verdict. Reasonable
| ||||||
21 | notice of the motion shall be given to the minor or his or her | ||||||
22 | counsel. If the
motion is made by the State, the court shall | ||||||
23 | conduct a hearing to determine if
the minor should be sentenced | ||||||
24 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
25 | its determination, the court shall consider
among other | ||||||
26 | matters: (a) whether there is
evidence that the offense was |
| |||||||
| |||||||
1 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
2 | of the minor; (c) the previous history of the
minor; (d) | ||||||
3 | whether there are facilities particularly available to the | ||||||
4 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
5 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
6 | security of the public requires sentencing under Chapter V of | ||||||
7 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
8 | possessed a deadly
weapon when committing the offense. The | ||||||
9 | rules of evidence shall be the same as
if at trial. If after | ||||||
10 | the hearing the court finds that the minor should be
sentenced | ||||||
11 | under Chapter V of the Unified Code of Corrections, then the | ||||||
12 | court
shall sentence the minor accordingly having available to | ||||||
13 | it any or all
dispositions so prescribed.
| ||||||
14 | (4) (a) The definition of delinquent minor under Section | ||||||
15 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
16 | time of an offense was at least 13
years of age and who is | ||||||
17 | charged with first degree murder committed during the
course of | ||||||
18 | either aggravated criminal sexual assault, criminal sexual | ||||||
19 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
20 | does not include a minor
charged with first degree murder based | ||||||
21 | exclusively upon the accountability
provisions of the Criminal | ||||||
22 | Code of 1961.
| ||||||
23 | (b) (i) If before trial or plea an information or | ||||||
24 | indictment is filed that
does not charge first degree murder | ||||||
25 | committed during the course of aggravated
criminal sexual | ||||||
26 | assault, criminal
sexual assault, or aggravated kidnaping, the |
| |||||||
| |||||||
1 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
2 | but only in Juvenile Court under the provisions
of this | ||||||
3 | Article. The State's Attorney may proceed under the criminal | ||||||
4 | laws of
this State
on a lesser charge if before trial the minor | ||||||
5 | defendant knowingly and with
advice of counsel waives, in | ||||||
6 | writing, his or her right to have the matter
proceed in | ||||||
7 | Juvenile Court.
| ||||||
8 | (ii) If before trial or plea an information or
indictment | ||||||
9 | is filed that includes first degree murder committed during the
| ||||||
10 | course of aggravated criminal sexual assault, criminal sexual | ||||||
11 | assault, or
aggravated kidnaping, and additional charges that | ||||||
12 | are not specified in
paragraph (a) of this subsection, all of | ||||||
13 | the charges arising out of the same
incident shall be | ||||||
14 | prosecuted under the criminal laws of this State.
| ||||||
15 | (c) (i) If after trial or plea the minor is convicted of | ||||||
16 | first degree
murder
committed during the course of aggravated | ||||||
17 | criminal sexual assault, criminal
sexual assault, or | ||||||
18 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
19 | have available any or all dispositions prescribed for that | ||||||
20 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
21 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
22 | the offense, and if after trial or plea the court
finds that | ||||||
23 | the minor
committed an offense other than first degree murder | ||||||
24 | committed during
the course of either aggravated criminal | ||||||
25 | sexual assault, criminal sexual
assault, or aggravated | ||||||
26 | kidnapping, the finding shall not invalidate the
verdict or the |
| |||||||
| |||||||
1 | prosecution of the minor under the criminal laws of the State;
| ||||||
2 | however, unless the State requests a hearing for the purpose of | ||||||
3 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
4 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
5 | 5-710 of this Article. To request a hearing, the State must
| ||||||
6 | file a written motion within 10 days following the entry of a | ||||||
7 | finding or the
return of a verdict. Reasonable notice of the | ||||||
8 | motion shall be given to the
minor or his or her counsel. If | ||||||
9 | the motion is made by the State, the court
shall conduct a | ||||||
10 | hearing to determine whether the minor should be sentenced
| ||||||
11 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
12 | its determination, the court shall
consider among other | ||||||
13 | matters: (a) whether there is evidence that the offense
was | ||||||
14 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
15 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
16 | (d) whether there are facilities
particularly available to the | ||||||
17 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
18 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
19 | interest of the minor and the security of the public require | ||||||
20 | sentencing under
Chapter V of the Unified Code of Corrections; | ||||||
21 | and (f) whether the minor
possessed a deadly weapon when | ||||||
22 | committing the offense. The rules of evidence
shall be the same | ||||||
23 | as if at trial. If after the hearing the court finds that
the | ||||||
24 | minor should be sentenced under Chapter V of the Unified Code | ||||||
25 | of
Corrections, then the court shall sentence the minor | ||||||
26 | accordingly having
available to it any or all dispositions so |
| |||||||
| |||||||
1 | prescribed.
| ||||||
2 | (5) (a) The definition of delinquent minor under Section | ||||||
3 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
4 | charged with a violation of subsection (a)
of Section 31-6 or | ||||||
5 | Section 32-10 of the Criminal Code of 1961 when the minor is
| ||||||
6 | subject to prosecution under the criminal laws of this State as | ||||||
7 | a result of the
application of the provisions of Section 5-125, | ||||||
8 | or subsection (1) or (2) of
this Section. These charges and all | ||||||
9 | other charges arising out of the same
incident shall be | ||||||
10 | prosecuted under the criminal laws of this State.
| ||||||
11 | (b) (i) If before trial or plea an information or | ||||||
12 | indictment is filed that
does not charge an offense specified | ||||||
13 | in paragraph (a) of this subsection (5),
the State's Attorney | ||||||
14 | may proceed on any lesser charge or charges, but only in
| ||||||
15 | Juvenile Court under the provisions of this Article. The | ||||||
16 | State's Attorney may
proceed under the criminal laws of this | ||||||
17 | State on a lesser charge if before
trial the minor defendant | ||||||
18 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
19 | her right to have the matter proceed in Juvenile Court.
| ||||||
20 | (ii) If before trial
or plea an information or indictment | ||||||
21 | is filed that includes one or more charges
specified in | ||||||
22 | paragraph (a) of this subsection (5) and additional charges | ||||||
23 | that
are not specified in that paragraph, all of
the charges | ||||||
24 | arising out of the same incident shall be prosecuted under the
| ||||||
25 | criminal laws of this State.
| ||||||
26 | (c) (i) If after trial or plea the minor is convicted of |
| |||||||
| |||||||
1 | any offense
covered
by paragraph (a) of this subsection (5), | ||||||
2 | then, in sentencing the minor, the
court shall have available | ||||||
3 | any or all dispositions prescribed for that offense
under | ||||||
4 | Chapter V of the Unified Code of Corrections.
| ||||||
5 | (ii) If after trial or
plea the court finds that the minor | ||||||
6 | committed an offense not covered by
paragraph (a) of
this | ||||||
7 | subsection (5), the conviction shall not invalidate the verdict | ||||||
8 | or the
prosecution of the minor under the criminal laws of this | ||||||
9 | State; however,
unless the State requests a hearing for the
| ||||||
10 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
11 | Code of
Corrections, the Court must proceed under Sections | ||||||
12 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
13 | State must file a written motion within 10 days
following the | ||||||
14 | entry of a finding or the return of a verdict. Reasonable | ||||||
15 | notice
of the motion shall be given to the minor or his or her | ||||||
16 | counsel. If the motion
is made by the State, the court shall | ||||||
17 | conduct a hearing to determine if whether
the minor should be | ||||||
18 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
19 | In making its determination, the court shall consider among | ||||||
20 | other
matters: (a) whether there is evidence that the offense | ||||||
21 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
22 | age of the minor; (c) the previous
delinquent history of the | ||||||
23 | minor; (d) whether there are facilities particularly
available | ||||||
24 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
25 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
26 | security of the public requires sentencing under Chapter V of |
| |||||||
| |||||||
1 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
2 | possessed a deadly weapon when
committing the offense. The | ||||||
3 | rules of evidence shall be the same as if at
trial. If after | ||||||
4 | the hearing the court finds that the minor should be sentenced
| ||||||
5 | under Chapter V of the Unified Code of Corrections, then the | ||||||
6 | court shall
sentence the minor accordingly having available to | ||||||
7 | it any or all dispositions
so prescribed.
| ||||||
8 | (6) The definition of delinquent minor under Section 5-120 | ||||||
9 | of this Article
shall not apply to any minor who, pursuant to | ||||||
10 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
11 | been placed under the jurisdiction of
the criminal court and | ||||||
12 | has been convicted of a crime under an adult criminal or
penal | ||||||
13 | statute. Such a minor shall be subject to prosecution under the | ||||||
14 | criminal
laws of this State.
| ||||||
15 | (7) The procedures set out in this Article for the | ||||||
16 | investigation, arrest and
prosecution of juvenile offenders | ||||||
17 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
18 | the Juvenile Court, except that minors under 17 years of
age | ||||||
19 | shall be kept separate from confined adults.
| ||||||
20 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
21 | of any
minor for an offense committed on or after his or her | ||||||
22 | 17th birthday even though
he or she is at the time of the | ||||||
23 | offense a ward of the court.
| ||||||
24 | (9) If an original petition for adjudication of wardship | ||||||
25 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
26 | act that constitutes a crime under the laws of this State,
the |
| |||||||
| |||||||
1 | minor, with the consent of his or her counsel, may, at any time | ||||||
2 | before
commencement of the adjudicatory hearing, file with the | ||||||
3 | court a motion
that criminal prosecution be ordered and that | ||||||
4 | the petition be dismissed
insofar as the act or acts involved | ||||||
5 | in the criminal proceedings are
concerned. If such a motion is | ||||||
6 | filed as herein provided, the court shall
enter its order | ||||||
7 | accordingly.
| ||||||
8 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
9 | Public Act 94-574), a minor is charged with a violation of | ||||||
10 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
11 | criminal laws of this State, other than a minor charged with a | ||||||
12 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
13 | Act or the Methamphetamine Control and Community Protection | ||||||
14 | Act, any party including the minor or the court sua sponte
may, | ||||||
15 | before trial,
move for a hearing for the purpose of trying and | ||||||
16 | sentencing the minor as
a delinquent minor. To request a | ||||||
17 | hearing, the party must file a motion
prior to trial. | ||||||
18 | Reasonable notice of the motion shall be given to all
parties. | ||||||
19 | On its own motion or upon the filing of a motion by one of the
| ||||||
20 | parties including the minor, the court shall conduct a hearing | ||||||
21 | to
determine whether the minor should be tried and sentenced as | ||||||
22 | a
delinquent minor under this Article. In making its | ||||||
23 | determination, the
court shall consider among other matters:
| ||||||
24 | (a) The age of the minor;
| ||||||
25 | (b) Any previous delinquent or criminal history of the | ||||||
26 | minor;
|
| |||||||
| |||||||
1 | (c) Any previous abuse or neglect history of the minor;
| ||||||
2 | (d) Any mental health or educational history of the minor, | ||||||
3 | or both; and
| ||||||
4 | (e) Whether there is probable cause to support the charge, | ||||||
5 | whether
the minor is charged through accountability, and | ||||||
6 | whether there is
evidence the minor possessed a deadly weapon | ||||||
7 | or caused serious
bodily harm during the offense.
| ||||||
8 | Any material that is relevant and reliable shall be | ||||||
9 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
10 | an order permitting prosecution
under the criminal laws of | ||||||
11 | Illinois unless the judge makes a finding
based on a | ||||||
12 | preponderance of the evidence that the minor would be
amenable | ||||||
13 | to the care, treatment, and training programs available
through | ||||||
14 | the facilities of the juvenile court based on an evaluation of
| ||||||
15 | the factors listed in this subsection (10).
| ||||||
16 | (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | ||||||
17 | 94-696, eff. 6-1-06 .)
| ||||||
18 | (705 ILCS 405/5-410)
| ||||||
19 | Sec. 5-410. Non-secure custody or detention.
| ||||||
20 | (1) Any minor arrested or taken into custody pursuant to | ||||||
21 | this Act who
requires care away from his or her home but who | ||||||
22 | does not require physical
restriction shall be given temporary | ||||||
23 | care in a foster family home or other
shelter facility | ||||||
24 | designated by the court.
| ||||||
25 | (2) (a) Any minor 10 years of age or older arrested
|
| |||||||
| |||||||
1 | pursuant to this Act where there is probable cause to believe | ||||||
2 | that the minor
is a delinquent minor and that
(i) secured | ||||||
3 | custody is a matter of immediate and urgent necessity for the
| ||||||
4 | protection of the minor or of the person or property of | ||||||
5 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
6 | the court, or (iii) the minor was taken
into custody under a | ||||||
7 | warrant, may be kept or detained in an authorized
detention | ||||||
8 | facility. No minor under 12 years of age shall be detained in a
| ||||||
9 | county jail or a municipal lockup for more than 6 hours.
| ||||||
10 | (b) The written authorization of the probation officer or | ||||||
11 | detention officer
(or other public officer designated by the | ||||||
12 | court in a county having
3,000,000 or more inhabitants) | ||||||
13 | constitutes authority for the superintendent of
any juvenile | ||||||
14 | detention home to detain and keep a minor for up to 40 hours,
| ||||||
15 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
16 | These
records shall be available to the same persons and | ||||||
17 | pursuant to the same
conditions as are law enforcement records | ||||||
18 | as provided in Section 5-905.
| ||||||
19 | (b-4) The consultation required by subsection (b-5) shall | ||||||
20 | not be applicable
if the probation officer or detention officer | ||||||
21 | (or other public officer
designated
by the court in a
county | ||||||
22 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
23 | detention
screening instrument, which has been developed with | ||||||
24 | input by the State's
Attorney, to
determine whether a minor | ||||||
25 | should be detained, however, subsection (b-5) shall
still be | ||||||
26 | applicable where no such screening instrument is used or where |
| |||||||
| |||||||
1 | the
probation officer, detention officer (or other public | ||||||
2 | officer designated by the
court in a county
having 3,000,000 or | ||||||
3 | more inhabitants) deviates from the screening instrument.
| ||||||
4 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
5 | probation officer
or detention officer
(or other public officer | ||||||
6 | designated by
the court in a county having 3,000,000 or more | ||||||
7 | inhabitants) does not intend to
detain a minor for an offense | ||||||
8 | which constitutes one of the following offenses
he or she shall | ||||||
9 | consult with the State's Attorney's Office prior to the release
| ||||||
10 | of the minor: first degree murder, second degree murder, | ||||||
11 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
12 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
13 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
14 | (e)(3), or (e)(4) of Section 12-3.05 , aggravated or heinous | ||||||
15 | battery involving
permanent disability or disfigurement or | ||||||
16 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
17 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
18 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
19 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
20 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
21 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
22 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
23 | violence in which case the minor may be detained up
to 24 | ||||||
24 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
25 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
26 | Alcoholism and Other Drug Abuse and
Dependency Act.
|
| |||||||
| |||||||
1 | (i) The
period of detention is deemed to have begun | ||||||
2 | once the minor has been placed in a
locked room or cell or | ||||||
3 | handcuffed to a stationary object in a building housing
a | ||||||
4 | county jail or municipal lockup. Time spent transporting a | ||||||
5 | minor is not
considered to be time in detention or secure | ||||||
6 | custody.
| ||||||
7 | (ii) Any minor so
confined shall be under periodic | ||||||
8 | supervision and shall not be permitted to come
into or | ||||||
9 | remain in contact with adults in custody in the building.
| ||||||
10 | (iii) Upon
placement in secure custody in a jail or | ||||||
11 | lockup, the
minor shall be informed of the purpose of the | ||||||
12 | detention, the time it is
expected to last and the fact | ||||||
13 | that it cannot exceed the time specified under
this Act.
| ||||||
14 | (iv) A log shall
be kept which shows the offense which | ||||||
15 | is the basis for the detention, the
reasons and | ||||||
16 | circumstances for the decision to detain and the length of | ||||||
17 | time the
minor was in detention.
| ||||||
18 | (v) Violation of the time limit on detention
in a | ||||||
19 | county jail or municipal lockup shall not, in and of | ||||||
20 | itself, render
inadmissible evidence obtained as a result | ||||||
21 | of the violation of this
time limit. Minors under 17 years | ||||||
22 | of age shall be kept separate from confined
adults and may | ||||||
23 | not at any time be kept in the same cell, room or yard with
| ||||||
24 | adults confined pursuant to criminal law. Persons 17 years | ||||||
25 | of age and older
who have a petition of delinquency filed | ||||||
26 | against them may be
confined in an
adult detention |
| |||||||
| |||||||
1 | facility.
In making a determination whether to confine a | ||||||
2 | person 17 years of age or
older
who has a petition of | ||||||
3 | delinquency filed against the person, these factors,
among | ||||||
4 | other matters, shall be considered:
| ||||||
5 | (A) The age of the person;
| ||||||
6 | (B) Any previous delinquent or criminal history of | ||||||
7 | the person;
| ||||||
8 | (C) Any previous abuse or neglect history of the | ||||||
9 | person; and
| ||||||
10 | (D) Any mental health or educational history of the | ||||||
11 | person, or both.
| ||||||
12 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
13 | county jail
in a
county with a population below 3,000,000 | ||||||
14 | inhabitants, then the minor's
confinement shall be implemented | ||||||
15 | in such a manner that there will be no contact
by sight, sound | ||||||
16 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
17 | years of age or older must be kept separate from confined | ||||||
18 | adults and may not
at any time
be kept in the same cell, room, | ||||||
19 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
20 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
21 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
22 | designated
holidays. To accept or hold minors during this time | ||||||
23 | period, county jails shall
comply with all monitoring standards | ||||||
24 | promulgated by the Department of
Corrections and training | ||||||
25 | standards approved by the Illinois Law Enforcement
Training | ||||||
26 | Standards Board.
|
| |||||||
| |||||||
1 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
2 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
3 | subsection (2) of this Section but not
exceeding 7 days | ||||||
4 | including Saturdays, Sundays and holidays pending an
| ||||||
5 | adjudicatory hearing, county jails shall comply with all | ||||||
6 | temporary detention
standards promulgated by the Department of | ||||||
7 | Corrections and training standards
approved by the Illinois Law | ||||||
8 | Enforcement Training Standards Board.
| ||||||
9 | (iii) To accept or hold minors 12 years of age or older, | ||||||
10 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
11 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
12 | shall comply with all programmatic and training standards
for | ||||||
13 | juvenile detention homes promulgated by the Department of | ||||||
14 | Corrections.
| ||||||
15 | (e) When a minor who is at least 15 years of age is | ||||||
16 | prosecuted under the
criminal laws of this State,
the court may | ||||||
17 | enter an order directing that the juvenile be confined
in the | ||||||
18 | county jail. However, any juvenile confined in the county jail | ||||||
19 | under
this provision shall be separated from adults who are | ||||||
20 | confined in the county
jail in such a manner that there will be | ||||||
21 | no contact by sight, sound or
otherwise between the juvenile | ||||||
22 | and adult prisoners.
| ||||||
23 | (f) For purposes of appearing in a physical lineup, the | ||||||
24 | minor may be taken
to a county jail or municipal lockup under | ||||||
25 | the direct and constant supervision
of a juvenile police | ||||||
26 | officer. During such time as is necessary to conduct a
lineup, |
| |||||||
| |||||||
1 | and while supervised by a juvenile police officer, the sight | ||||||
2 | and sound
separation provisions shall not apply.
| ||||||
3 | (g) For purposes of processing a minor, the minor may be | ||||||
4 | taken to a County
Jail or municipal lockup under the direct and | ||||||
5 | constant supervision of a law
enforcement officer or | ||||||
6 | correctional officer. During such time as is necessary
to | ||||||
7 | process the minor, and while supervised by a law enforcement | ||||||
8 | officer or
correctional officer, the sight and sound separation | ||||||
9 | provisions shall not
apply.
| ||||||
10 | (3) If the probation officer or State's Attorney (or such | ||||||
11 | other public
officer designated by the court in a county having | ||||||
12 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
13 | a delinquent minor as described
in subsection (3) of Section | ||||||
14 | 5-105, and should be retained in custody but does
not require
| ||||||
15 | physical restriction, the minor may be placed in non-secure | ||||||
16 | custody for up to
40 hours pending a detention hearing.
| ||||||
17 | (4) Any minor taken into temporary custody, not requiring | ||||||
18 | secure
detention, may, however, be detained in the home of his | ||||||
19 | or her parent or
guardian subject to such conditions as the | ||||||
20 | court may impose.
| ||||||
21 | (Source: P.A. 93-255, eff. 1-1-04.)
| ||||||
22 | (705 ILCS 405/5-730)
| ||||||
23 | Sec. 5-730. Order of protection.
| ||||||
24 | (1) The court may make an order of protection in assistance | ||||||
25 | of or as a
condition of any other order authorized by this Act. |
| |||||||
| |||||||
1 | The order of protection
may set forth reasonable conditions of | ||||||
2 | behavior to be observed for a specified
period. The order may | ||||||
3 | require a
person:
| ||||||
4 | (a) to stay away from the home or the minor;
| ||||||
5 | (b) to permit a parent to visit the minor at stated | ||||||
6 | periods;
| ||||||
7 | (c) to abstain from offensive conduct against the | ||||||
8 | minor, his or her parent
or any
person to whom custody of | ||||||
9 | the minor is awarded;
| ||||||
10 | (d) to give proper attention to the care of the home;
| ||||||
11 | (e) to cooperate in good faith with an agency to which | ||||||
12 | custody of a minor
is entrusted by the court or with an | ||||||
13 | agency or association to which the minor
is referred by the | ||||||
14 | court;
| ||||||
15 | (f) to prohibit and prevent any contact whatsoever with | ||||||
16 | the respondent
minor by a specified individual or | ||||||
17 | individuals who are alleged in either a
criminal or | ||||||
18 | juvenile proceeding to have caused injury to a respondent | ||||||
19 | minor or
a sibling of a respondent minor;
| ||||||
20 | (g) to refrain from acts of commission or omission that | ||||||
21 | tend to make the
home not a proper place for the minor.
| ||||||
22 | (2) The court shall enter an order of protection to | ||||||
23 | prohibit and prevent
any contact between a respondent minor or | ||||||
24 | a sibling of a respondent minor and
any person named in a | ||||||
25 | petition seeking an order of protection who has been
convicted | ||||||
26 | of heinous battery under
Section 12-4.1 or aggravated battery |
| |||||||
| |||||||
1 | under subdivision (a)(2) of Section 12-3.05 , aggravated | ||||||
2 | battery of a child under Section 12-4.3 or aggravated battery | ||||||
3 | under subdivision (b)(1) of Section 12-3.05 , criminal
sexual | ||||||
4 | assault under Section 12-13, aggravated criminal sexual | ||||||
5 | assault under
Section 12-14, predatory criminal sexual assault | ||||||
6 | of a child under Section
12-14.1, criminal sexual abuse under | ||||||
7 | Section
12-15, or aggravated criminal sexual abuse under | ||||||
8 | Section 12-16 of the Criminal
Code of 1961, or has been | ||||||
9 | convicted of an offense that resulted in the death of
a child, | ||||||
10 | or has violated a previous order of protection under this | ||||||
11 | Section.
| ||||||
12 | (3) When the court issues an order of protection against | ||||||
13 | any person as
provided by this Section, the court shall direct | ||||||
14 | a copy of such order to the
sheriff of that county. The sheriff | ||||||
15 | shall furnish a copy of the order of
protection to the | ||||||
16 | Department of State Police within 24 hours of receipt, in the
| ||||||
17 | form and manner required by the Department. The Department of | ||||||
18 | State Police
shall maintain a complete record and index of the | ||||||
19 | orders of protection and
make this data available to all local | ||||||
20 | law enforcement agencies.
| ||||||
21 | (4) After notice and opportunity for hearing afforded to a | ||||||
22 | person subject
to an order of protection, the order may be | ||||||
23 | modified or extended for a further
specified period or both or | ||||||
24 | may be terminated if the court finds that the best
interests of | ||||||
25 | the minor and the public will be served by the modification,
| ||||||
26 | extension, or termination.
|
| |||||||
| |||||||
1 | (5) An order of protection may be sought at any time during | ||||||
2 | the course of
any proceeding conducted under this Act. Any | ||||||
3 | person against whom an
order of protection is sought may retain | ||||||
4 | counsel to represent him or her at a
hearing,
and has rights to | ||||||
5 | be present at the hearing, to be informed prior to the
hearing | ||||||
6 | in writing of the contents of the petition seeking a protective | ||||||
7 | order
and of the date, place, and time of the hearing, and to | ||||||
8 | cross-examine
witnesses called by the petitioner and to present | ||||||
9 | witnesses and argument in
opposition to the relief sought in | ||||||
10 | the petition.
| ||||||
11 | (6) Diligent efforts shall be made by the petitioner to | ||||||
12 | serve any person
or persons against whom any order of | ||||||
13 | protection is sought with written notice
of the contents of the | ||||||
14 | petition seeking a protective order and of the date,
place and | ||||||
15 | time at which the hearing on the petition is to be held. When a
| ||||||
16 | protective order is being sought in conjunction with a shelter | ||||||
17 | care or
detention hearing, if the court finds that the person | ||||||
18 | against whom the
protective order is being sought has been | ||||||
19 | notified of the hearing or that
diligent efforts have been made | ||||||
20 | to notify the person, the court may conduct a
hearing. If a | ||||||
21 | protective order is sought at any
time other than in | ||||||
22 | conjunction with a shelter care or detention hearing, the
court | ||||||
23 | may not conduct a hearing on the petition in the absence of the | ||||||
24 | person
against whom the order is sought unless the petitioner | ||||||
25 | has notified the person
by personal service at least 3 days | ||||||
26 | before the hearing or has sent written
notice by first class |
| |||||||
| |||||||
1 | mail to the person's last known address at least 5 days
before | ||||||
2 | the hearing.
| ||||||
3 | (7) A person against whom an order of protection is being | ||||||
4 | sought who is
neither a parent, guardian, or legal custodian or | ||||||
5 | responsible relative as
described in Section 1-5 of this Act or | ||||||
6 | is not a party or respondent as defined
in
that
Section shall | ||||||
7 | not be entitled to the rights provided in that Section. The
| ||||||
8 | person does not have a right to appointed counsel or to be | ||||||
9 | present at
any hearing other than the hearing in which the | ||||||
10 | order of protection is being
sought or a hearing directly | ||||||
11 | pertaining to that order. Unless the court orders
otherwise, | ||||||
12 | the person does not have a right to inspect the court file.
| ||||||
13 | (8) All protective orders entered under this Section shall | ||||||
14 | be in writing.
Unless the person against whom the order was | ||||||
15 | obtained was present in court when
the order was issued, the | ||||||
16 | sheriff, other law enforcement official, or special
process | ||||||
17 | server shall promptly serve that order upon that person and | ||||||
18 | file proof
of that service, in the manner provided for service | ||||||
19 | of process in civil
proceedings. The person against whom the | ||||||
20 | protective order was obtained may
seek a modification of the | ||||||
21 | order by filing a written motion to modify the order
within 7 | ||||||
22 | days
after actual receipt by the person of a copy of the order.
| ||||||
23 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
24 | Section 960. The Criminal Code of 1961 is amended by | ||||||
25 | changing Sections 2-10.1, 24-1.7, 33A-2, 33A-3, and 36-1 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
| ||||||
3 | Sec. 2-10.1.
"Severely or profoundly mentally retarded
| ||||||
4 | person" means a person (i)
whose intelligence quotient does not | ||||||
5 | exceed 40 or (ii) whose
intelligence quotient does not exceed | ||||||
6 | 55 and who suffers
from
significant mental illness to the | ||||||
7 | extent that the person's ability to exercise
rational judgment | ||||||
8 | is impaired. In any proceeding in which the defendant is
| ||||||
9 | charged with committing a violation of Section 10-2, 10-5, | ||||||
10 | 11-15.1, 11-19.1,
11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16 , or | ||||||
11 | subdivision (b)(1) of Section 12-3.05, of this Code against a | ||||||
12 | victim who is
alleged to be a severely or profoundly mentally
| ||||||
13 | retarded
person, any findings concerning the victim's status as | ||||||
14 | a
severely or profoundly mentally retarded person, made by a | ||||||
15 | court after a
judicial admission hearing concerning the victim | ||||||
16 | under Articles V and VI of
Chapter 4 of the Mental Health and | ||||||
17 | Developmental Disabilities Code
shall be admissible.
| ||||||
18 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
19 | (720 ILCS 5/24-1.7) | ||||||
20 | Sec. 24-1.7. Armed habitual criminal. | ||||||
21 | (a) A person commits the offense of being an armed habitual
| ||||||
22 | criminal if he or she receives, sells, possesses, or transfers
| ||||||
23 | any firearm after having been convicted a total of 2 or more
| ||||||
24 | times of any combination of the following offenses: |
| |||||||
| |||||||
1 | (1) a forcible felony as defined in Section 2-8 of this | ||||||
2 | Code; | ||||||
3 | (2) unlawful use of a weapon by a felon; aggravated | ||||||
4 | unlawful use of a weapon; aggravated discharge of a | ||||||
5 | firearm; vehicular hijacking; aggravated vehicular | ||||||
6 | hijacking; aggravated battery of a child as described in | ||||||
7 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 ;
| ||||||
8 | intimidation; aggravated intimidation; gunrunning; home | ||||||
9 | invasion; or aggravated battery with a firearm as described | ||||||
10 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
11 | (e)(4) of Section 12-3.05 ; or | ||||||
12 | (3) any violation of the Illinois Controlled | ||||||
13 | Substances
Act or the Cannabis Control Act that is | ||||||
14 | punishable as a Class 3
felony or higher. | ||||||
15 | (b) Sentence. Being an armed habitual criminal is a Class X
| ||||||
16 | felony.
| ||||||
17 | (Source: P.A. 94-398, eff. 8-2-05.)
| ||||||
18 | (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
| ||||||
19 | Sec. 33A-2. Armed violence-Elements of the offense.
| ||||||
20 | (a) A person commits armed violence when, while armed with
| ||||||
21 | a dangerous weapon, he commits any felony defined by
Illinois | ||||||
22 | Law, except first degree murder, attempted first degree murder,
| ||||||
23 | intentional
homicide of an unborn child, second degree murder, | ||||||
24 | involuntary manslaughter, reckless homicide, predatory | ||||||
25 | criminal sexual assault of a child,
aggravated battery of
a |
| |||||||
| |||||||
1 | child as described in Section 12-4.3 or subdivision (b)(1) of | ||||||
2 | Section 12-3.05 , home invasion, or any offense that makes the | ||||||
3 | possession or use of a dangerous weapon either an element of | ||||||
4 | the base offense, an aggravated or enhanced version of the | ||||||
5 | offense, or a mandatory sentencing factor that increases the | ||||||
6 | sentencing range.
| ||||||
7 | (b) A person commits armed violence when he or she | ||||||
8 | personally discharges a
firearm that is a Category I or | ||||||
9 | Category II weapon while committing any felony
defined by
| ||||||
10 | Illinois law, except first degree murder, attempted first | ||||||
11 | degree murder,
intentional homicide of an unborn child, second | ||||||
12 | degree murder, involuntary manslaughter, reckless homicide,
| ||||||
13 | predatory criminal sexual assault of a
child, aggravated
| ||||||
14 | battery of a child as described in Section 12-4.3 or | ||||||
15 | subdivision (b)(1) of Section 12-3.05 , home invasion, or any | ||||||
16 | offense that makes the possession or use of a dangerous weapon | ||||||
17 | either an element of the base offense, an aggravated or | ||||||
18 | enhanced version of the offense, or a mandatory sentencing | ||||||
19 | factor that increases the sentencing range.
| ||||||
20 | (c) A person commits armed violence when he or she | ||||||
21 | personally discharges a
firearm that is a Category I or | ||||||
22 | Category II weapon that proximately causes
great bodily harm,
| ||||||
23 | permanent disability, or permanent disfigurement or death to | ||||||
24 | another person
while committing any felony defined by Illinois | ||||||
25 | law, except first degree
murder, attempted first degree murder, | ||||||
26 | intentional homicide of an unborn child,
second degree murder, |
| |||||||
| |||||||
1 | involuntary manslaughter, reckless homicide, predatory | ||||||
2 | criminal sexual assault of a child, aggravated battery of a | ||||||
3 | child as described in Section 12-4.3 or subdivision (b)(1) of | ||||||
4 | Section 12-3.05 , home invasion,
or any offense that makes the | ||||||
5 | possession or use of a dangerous weapon either an element of | ||||||
6 | the base offense, an aggravated or enhanced version of the | ||||||
7 | offense, or a mandatory sentencing factor that increases the | ||||||
8 | sentencing range.
| ||||||
9 | (d) This Section does not apply to violations of the Fish | ||||||
10 | and Aquatic Life
Code or the Wildlife Code.
| ||||||
11 | (Source: P.A. 95-688, eff. 10-23-07.)
| ||||||
12 | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
| ||||||
13 | Sec. 33A-3. Sentence.
| ||||||
14 | (a) Violation of Section 33A-2(a) with a
Category I weapon | ||||||
15 | is a Class X felony for which the defendant shall be
sentenced | ||||||
16 | to a minimum term of imprisonment of 15 years.
| ||||||
17 | (a-5) Violation of Section 33A-2(a) with a Category II | ||||||
18 | weapon
is a Class X
felony for which the defendant shall be | ||||||
19 | sentenced to a minimum term of
imprisonment of 10 years.
| ||||||
20 | (b) Violation of Section 33A-2(a)
with a Category III | ||||||
21 | weapon is a Class 2 felony or the felony
classification | ||||||
22 | provided for the same act while unarmed, whichever
permits the | ||||||
23 | greater penalty. A second or subsequent violation of
Section | ||||||
24 | 33A-2(a) with a Category III weapon is a Class 1 felony
or the | ||||||
25 | felony classification provided for the same act while unarmed, |
| |||||||
| |||||||
1 | whichever
permits the greater penalty.
| ||||||
2 | (b-5) Violation of Section 33A-2(b) with a firearm that is | ||||||
3 | a Category I or
Category II
weapon is a Class X felony for | ||||||
4 | which the defendant shall be sentenced to a
minimum term of | ||||||
5 | imprisonment of 20 years.
| ||||||
6 | (b-10) Violation of Section 33A-2(c) with a firearm that is | ||||||
7 | a Category I or
Category II
weapon is a Class X felony for | ||||||
8 | which the defendant shall be sentenced to a
term of | ||||||
9 | imprisonment of not less than 25 years nor more than 40 years.
| ||||||
10 | (c) Unless sentencing under subsection (a) of Section | ||||||
11 | 5-4.5-95 of the Unified Code of Corrections (730 ILCS | ||||||
12 | 5/5-4.5-95) is applicable, any person who
violates subsection | ||||||
13 | (a) or (b) of Section 33A-2 with a
firearm, when that person | ||||||
14 | has been convicted in any state or federal court
of 3 or more | ||||||
15 | of the following offenses: treason, first degree murder, second
| ||||||
16 | degree murder, predatory criminal sexual assault of a child, | ||||||
17 | aggravated
criminal sexual assault, criminal sexual assault,
| ||||||
18 | robbery, burglary, arson, kidnaping, aggravated battery | ||||||
19 | resulting in great
bodily harm or permanent disability or | ||||||
20 | disfigurement, a violation of the Methamphetamine Control and | ||||||
21 | Community Protection Act, or a violation of Section
401(a) of | ||||||
22 | the Illinois Controlled Substances Act,
when the third offense | ||||||
23 | was committed after conviction on the second, the second
| ||||||
24 | offense was committed after conviction on the first, and the | ||||||
25 | violation of
Section 33A-2 was committed after conviction on | ||||||
26 | the third, shall be sentenced
to a term of imprisonment of not |
| |||||||
| |||||||
1 | less than 25 years nor more than 50
years.
| ||||||
2 | (c-5) Except as otherwise provided in paragraph (b-10) or | ||||||
3 | (c) of this
Section, a person who violates Section 33A-2(a) | ||||||
4 | with a firearm that is a
Category I weapon or
Section 33A-2(b) | ||||||
5 | in any school, in any conveyance owned, leased, or contracted
| ||||||
6 | by a school to transport students to or from school or a school | ||||||
7 | related
activity, or on the real property comprising any school | ||||||
8 | or public park, and
where
the offense was related to the | ||||||
9 | activities of an organized gang, shall be
sentenced to a term | ||||||
10 | of imprisonment of not less than the term set forth in
| ||||||
11 | subsection (a) or (b-5) of this Section, whichever is | ||||||
12 | applicable, and not more
than 30 years. For the purposes of | ||||||
13 | this subsection (c-5), "organized gang" has
the meaning | ||||||
14 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
15 | Terrorism
Omnibus Prevention Act.
| ||||||
16 | (d) For armed violence based upon a predicate offense | ||||||
17 | listed in this
subsection (d) the court
shall enter the | ||||||
18 | sentence for armed violence to run consecutively to the
| ||||||
19 | sentence imposed for the predicate offense. The offenses | ||||||
20 | covered by this
provision are:
| ||||||
21 | (i) solicitation of murder,
| ||||||
22 | (ii) solicitation of murder for hire,
| ||||||
23 | (iii) heinous battery as described in Section 12-4.1 or | ||||||
24 | subdivision (a)(2) of Section 12-3.05 ,
| ||||||
25 | (iv) aggravated battery of a senior citizen as | ||||||
26 | described in Section 12-4.6 or subdivision (a)(4) of |
| |||||||
| |||||||
1 | Section 12-3.05 ,
| ||||||
2 | (v) (blank),
| ||||||
3 | (vi) a violation of subsection (g) of Section 5 of the | ||||||
4 | Cannabis Control
Act,
| ||||||
5 | (vii) cannabis trafficking,
| ||||||
6 | (viii) a violation of subsection (a) of Section 401 of | ||||||
7 | the Illinois
Controlled Substances Act,
| ||||||
8 | (ix) controlled substance trafficking involving a | ||||||
9 | Class X felony amount of
controlled substance under Section | ||||||
10 | 401 of the Illinois Controlled Substances
Act,
| ||||||
11 | (x) calculated criminal drug conspiracy,
| ||||||
12 | (xi) streetgang criminal drug conspiracy, or | ||||||
13 | (xii) a violation of the Methamphetamine Control and | ||||||
14 | Community Protection Act.
| ||||||
15 | (Source: P.A. 94-556, eff. 9-11-05; 95-688, eff. 10-23-07; | ||||||
16 | 95-1052, eff. 7-1-09 .)
| ||||||
17 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
18 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
19 | with the knowledge
and consent of the owner in the commission | ||||||
20 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
21 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
22 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
23 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if | ||||||
24 | the theft is of precious metal or of scrap metal, 18-2, 19-1, | ||||||
25 | 19-2, 19-3, 20-1, 20-2,
29D-15.2, 24-1.2,
24-1.2-5,
24-1.5, or |
| |||||||
| |||||||
1 | 28-1 , or 29D-15.2 of this Code, subdivision (a)(1), (a)(2), | ||||||
2 | (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), | ||||||
3 | (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) of Section | ||||||
4 | 12-4 of this Code,
paragraph (a) of Section 12-15 or paragraphs | ||||||
5 | (a), (c) or (d) of Section
12-16 of this Code, or paragraph | ||||||
6 | (a)(6) or (a)(7) of Section
24-1 of this Code;
(b) Section 21, | ||||||
7 | 22, 23, 24 or 26 of the Cigarette Tax
Act if the vessel, | ||||||
8 | vehicle or aircraft contains more than 10 cartons of
such | ||||||
9 | cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax | ||||||
10 | Act if
the vessel, vehicle or aircraft contains more than 10 | ||||||
11 | cartons of such
cigarettes; (d) Section 44 of the Environmental | ||||||
12 | Protection Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
| ||||||
13 | the offenses described in the
following provisions of the | ||||||
14 | Illinois Vehicle Code:
Section 11-501 subdivisions (c-1)(1), | ||||||
15 | (c-1)(2), (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or | ||||||
16 | (d)(1)(H); (g) an offense described in subsection (g) of | ||||||
17 | Section 6-303 of the
Illinois Vehicle Code; or (h) an offense | ||||||
18 | described in subsection (e) of
Section 6-101 of the Illinois | ||||||
19 | Vehicle Code;
may be
seized and delivered forthwith to the | ||||||
20 | sheriff of the county of seizure.
| ||||||
21 | Within 15 days after such delivery the sheriff shall give | ||||||
22 | notice of seizure
to each person according to the following | ||||||
23 | method: Upon each such person
whose right, title or interest is | ||||||
24 | of record in the office of the Secretary
of State, the | ||||||
25 | Secretary of Transportation, the Administrator of the Federal
| ||||||
26 | Aviation Agency, or any other Department of this State, or any |
| |||||||
| |||||||
1 | other state
of the United States if such vessel, vehicle or | ||||||
2 | aircraft is required to be
so registered, as the case may be, | ||||||
3 | by mailing a copy of the notice by
certified mail to the | ||||||
4 | address as given upon the records of the Secretary of
State, | ||||||
5 | the Department of Aeronautics, Department of Public Works and
| ||||||
6 | Buildings or any other Department of this State or the United | ||||||
7 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
8 | registered. Within
that 15 day period the sheriff shall also | ||||||
9 | notify the State's Attorney of
the county of seizure about the | ||||||
10 | seizure.
| ||||||
11 | In addition, any mobile or portable equipment used in the | ||||||
12 | commission of an
act which is in violation of Section 7g of the | ||||||
13 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
14 | seizure and forfeiture under the same
procedures provided in | ||||||
15 | this Article for the seizure and forfeiture of vessels,
| ||||||
16 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
17 | vessel, vehicle
or aircraft for purposes of this Article.
| ||||||
18 | When a person discharges a firearm at another individual | ||||||
19 | from a vehicle with
the knowledge and consent of the owner of | ||||||
20 | the vehicle and with the intent to
cause death or great bodily | ||||||
21 | harm to that individual and as a result causes
death or great | ||||||
22 | bodily harm to that individual, the vehicle shall be subject to
| ||||||
23 | seizure and forfeiture under the same procedures provided in | ||||||
24 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
25 | violations of clauses (a), (b),
(c), or (d) of this Section.
| ||||||
26 | If the spouse of the owner of a vehicle seized for
an |
| |||||||
| |||||||
1 | offense described in subsection (g) of Section 6-303 of the
| ||||||
2 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||||||
3 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||||||
4 | of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||||||
5 | a showing
that the seized vehicle is the only source of | ||||||
6 | transportation and it is
determined that the financial hardship | ||||||
7 | to the family as a result of the seizure
outweighs the benefit | ||||||
8 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
9 | the spouse or family member and the title to the vehicle shall | ||||||
10 | be
transferred to the spouse or family member who is properly | ||||||
11 | licensed and who
requires the use of the vehicle for employment | ||||||
12 | or family transportation
purposes. A written declaration of | ||||||
13 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
14 | cause for the title to be transferred to the spouse
or family | ||||||
15 | member. The provisions of this paragraph shall apply only to | ||||||
16 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
17 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
18 | conviction of either spouse or
the family member, the spouse or | ||||||
19 | family member to whom the vehicle was
forfeited under the first | ||||||
20 | forfeiture proceeding may not utilize the
provisions of this | ||||||
21 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
22 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
23 | out in this paragraph may be used for only one vehicle.
| ||||||
24 | Property declared contraband under Section 40 of the | ||||||
25 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
26 | seized and forfeited under this
Article.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised | ||||||
2 | 10-9-09.)
| ||||||
3 | Section 965. The Code of Criminal Procedure of 1963 is | ||||||
4 | amended by changing Sections 110-5, 110-5.1, 110-6.3, 111-8, | ||||||
5 | 112A-3, 112A-23, 112A-26, 115-7.3, 115-10, and 115-10.3 as | ||||||
6 | follows:
| ||||||
7 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
8 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
9 | of release.
| ||||||
10 | (a) In determining the amount of monetary bail or | ||||||
11 | conditions of release, if
any,
which will reasonably assure the | ||||||
12 | appearance of a defendant as required or
the safety of any | ||||||
13 | other person or the community and the likelihood of
compliance | ||||||
14 | by the
defendant with all the conditions of bail, the court | ||||||
15 | shall, on the
basis of available information, take into account | ||||||
16 | such matters as the
nature and circumstances of the offense | ||||||
17 | charged, whether the evidence
shows that as part of the offense | ||||||
18 | there was a use of violence or threatened
use of violence, | ||||||
19 | whether the offense involved corruption of public
officials or | ||||||
20 | employees, whether there was physical harm or threats of | ||||||
21 | physical
harm to any
public official, public employee, judge, | ||||||
22 | prosecutor, juror or witness,
senior citizen, child or | ||||||
23 | handicapped person, whether evidence shows that
during the | ||||||
24 | offense or during the arrest the defendant possessed or used a
|
| |||||||
| |||||||
1 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
2 | explosive
bomb device or any military or paramilitary armament,
| ||||||
3 | whether the evidence
shows that the offense committed was | ||||||
4 | related to or in furtherance of the
criminal activities of an | ||||||
5 | organized gang or was motivated by the defendant's
membership | ||||||
6 | in or allegiance to an organized gang,
the condition of the
| ||||||
7 | victim, any written statement submitted by the victim or | ||||||
8 | proffer or
representation by the State regarding the
impact | ||||||
9 | which the alleged criminal conduct has had on the victim and | ||||||
10 | the
victim's concern, if any, with further contact with the | ||||||
11 | defendant if
released on bail, whether the offense was based on | ||||||
12 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
13 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
14 | conviction, the sentence applicable upon conviction, the | ||||||
15 | weight of the evidence
against such defendant, whether there | ||||||
16 | exists motivation or ability to
flee, whether there is any | ||||||
17 | verification as to prior residence, education,
or family ties | ||||||
18 | in the local jurisdiction, in another county,
state or foreign | ||||||
19 | country, the defendant's employment, financial resources,
| ||||||
20 | character and mental condition, past conduct, prior use of | ||||||
21 | alias names or
dates of birth, and length of residence in the | ||||||
22 | community,
the consent of the defendant to periodic drug | ||||||
23 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
24 | national defendant is lawfully admitted in the United
States of | ||||||
25 | America, whether the government of the foreign national
| ||||||
26 | maintains an extradition treaty with the United States by which |
| |||||||
| |||||||
1 | the foreign
government will extradite to the United States its | ||||||
2 | national for a trial for
a crime allegedly committed in the | ||||||
3 | United States, whether the defendant is
currently subject to | ||||||
4 | deportation or exclusion under the immigration laws of
the | ||||||
5 | United States, whether the defendant, although a United States | ||||||
6 | citizen,
is considered under the law of any foreign state a | ||||||
7 | national of that state
for the purposes of extradition or | ||||||
8 | non-extradition to the United States,
the amount of unrecovered | ||||||
9 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
10 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
11 | from the totality of the court's consideration,
the loss of | ||||||
12 | funds posted or sought to be posted for bail will not deter the
| ||||||
13 | defendant from flight, whether the evidence shows that the | ||||||
14 | defendant is
engaged in significant
possession, manufacture, | ||||||
15 | or delivery of a controlled substance or cannabis,
either | ||||||
16 | individually or in consort with others,
whether at the time of | ||||||
17 | the offense
charged he was on bond or pre-trial release pending | ||||||
18 | trial, probation,
periodic imprisonment or conditional | ||||||
19 | discharge pursuant to this Code or the
comparable Code of any | ||||||
20 | other state or federal jurisdiction, whether the
defendant is | ||||||
21 | on bond or
pre-trial release pending the imposition or | ||||||
22 | execution of sentence or appeal of
sentence for any offense | ||||||
23 | under the laws of Illinois or any other state or
federal | ||||||
24 | jurisdiction, whether the defendant is under parole or | ||||||
25 | mandatory
supervised release or
work release from the Illinois | ||||||
26 | Department of Corrections or any penal
institution or |
| |||||||
| |||||||
1 | corrections department of any state or federal
jurisdiction, | ||||||
2 | the defendant's record of convictions, whether the defendant | ||||||
3 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
4 | Illinois or similar
offense in other state or federal | ||||||
5 | jurisdiction within the 10 years
preceding the current charge | ||||||
6 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
7 | convicted of an offense in another state or federal
| ||||||
8 | jurisdiction that would
be a felony if committed in Illinois | ||||||
9 | within the 20 years preceding the
current charge or has been | ||||||
10 | convicted of such felony and released from the
penitentiary | ||||||
11 | within 20 years preceding the current charge if a
penitentiary | ||||||
12 | sentence was imposed in Illinois or other state or federal
| ||||||
13 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
14 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
15 | failure to appear by
the defendant at
court proceedings, | ||||||
16 | whether there was flight to avoid arrest or
prosecution, | ||||||
17 | whether the defendant escaped or
attempted to escape to avoid | ||||||
18 | arrest, whether the defendant refused to
identify himself, or | ||||||
19 | whether there was a refusal by the defendant to be
| ||||||
20 | fingerprinted as required by law. Information used by the court | ||||||
21 | in its
findings or stated in or
offered in connection with this | ||||||
22 | Section may be by way of proffer based upon
reliable | ||||||
23 | information offered by the State or defendant.
All evidence | ||||||
24 | shall be admissible if it is relevant and
reliable regardless | ||||||
25 | of whether it would be admissible under the rules of
evidence | ||||||
26 | applicable at criminal trials.
If the State presents evidence |
| |||||||
| |||||||
1 | that the offense committed by the defendant
was related to or | ||||||
2 | in furtherance of the criminal activities of an organized
gang | ||||||
3 | or was motivated by the defendant's membership in or allegiance | ||||||
4 | to an
organized gang, and if the court determines that the | ||||||
5 | evidence may be
substantiated, the court shall prohibit the | ||||||
6 | defendant from associating with
other members of the organized | ||||||
7 | gang as a condition of bail or release.
For the purposes of | ||||||
8 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
9 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act.
| ||||||
11 | (b) The amount of bail shall be:
| ||||||
12 | (1) Sufficient to assure compliance with the | ||||||
13 | conditions set forth in the
bail bond, which shall include | ||||||
14 | the defendant's current address with a written
| ||||||
15 | admonishment to the defendant that he or she must comply | ||||||
16 | with the provisions of
Section 110-12 regarding any change | ||||||
17 | in his or her address. The defendant's
address shall at all | ||||||
18 | times remain a matter of public record with the clerk
of | ||||||
19 | the court.
| ||||||
20 | (2) Not oppressive.
| ||||||
21 | (3) Considerate of the financial ability of the | ||||||
22 | accused.
| ||||||
23 | (4) When a person is charged with a drug related | ||||||
24 | offense involving
possession or delivery of cannabis or | ||||||
25 | possession or delivery of a
controlled substance as defined | ||||||
26 | in the Cannabis Control Act,
the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, or the Methamphetamine Control and | ||||||
2 | Community Protection Act, the full street value
of the | ||||||
3 | drugs seized shall be considered. "Street value" shall be
| ||||||
4 | determined by the court on the basis of a proffer by the | ||||||
5 | State based upon
reliable information of a law enforcement | ||||||
6 | official contained in a written
report as to the amount | ||||||
7 | seized and such proffer may be used by the court as
to the | ||||||
8 | current street value of the smallest unit of the drug | ||||||
9 | seized.
| ||||||
10 | (b-5) Upon the filing of a written request demonstrating | ||||||
11 | reasonable cause, the State's Attorney may request a source of | ||||||
12 | bail hearing either before or after the posting of any funds.
| ||||||
13 | If the hearing is granted, before the posting of any bail, the | ||||||
14 | accused must file a written notice requesting that the court | ||||||
15 | conduct a source of bail hearing. The notice must be | ||||||
16 | accompanied by justifying affidavits stating the legitimate | ||||||
17 | and lawful source of funds for bail. At the hearing, the court | ||||||
18 | shall inquire into any matters stated in any justifying | ||||||
19 | affidavits, and may also inquire into matters appropriate to | ||||||
20 | the determination which shall include, but are not limited to, | ||||||
21 | the following: | ||||||
22 | (1) the background, character, reputation, and | ||||||
23 | relationship to the accused of any surety; and | ||||||
24 | (2) the source of any money or property deposited by | ||||||
25 | any surety, and whether any such money or property | ||||||
26 | constitutes the fruits of criminal or unlawful conduct; and |
| |||||||
| |||||||
1 | (3) the source of any money posted as cash bail, and | ||||||
2 | whether any such money constitutes the fruits of criminal | ||||||
3 | or unlawful conduct; and | ||||||
4 | (4) the background, character, reputation, and | ||||||
5 | relationship to the accused of the person posting cash | ||||||
6 | bail. | ||||||
7 | Upon setting the hearing, the court shall examine, under | ||||||
8 | oath, any persons who may possess material information. | ||||||
9 | The State's Attorney has a right to attend the hearing, to | ||||||
10 | call witnesses and to examine any witness in the proceeding. | ||||||
11 | The court shall, upon request of the State's Attorney, continue | ||||||
12 | the proceedings for a reasonable period to allow the State's | ||||||
13 | Attorney to investigate the matter raised in any testimony or | ||||||
14 | affidavit.
If the hearing is granted after the accused has | ||||||
15 | posted bail, the court shall conduct a hearing consistent with | ||||||
16 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
17 | court must issue an order either approving of disapproving the | ||||||
18 | bail.
| ||||||
19 | (c) When a person is charged with an offense punishable by | ||||||
20 | fine only the
amount of the bail shall not exceed double the | ||||||
21 | amount of the maximum penalty.
| ||||||
22 | (d) When a person has been convicted of an offense and only | ||||||
23 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
24 | double the amount of
the fine.
| ||||||
25 | (e) The State may appeal any order granting bail or setting
| ||||||
26 | a given amount for bail. |
| |||||||
| |||||||
1 | (f) When a person is charged with a violation of an order | ||||||
2 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
3 | Code of 1961, | ||||||
4 | (1) whether the alleged incident involved harassment | ||||||
5 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
6 | of 1986; | ||||||
7 | (2) whether the person has a history of domestic | ||||||
8 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
9 | or a history of other criminal acts; | ||||||
10 | (3) based on the mental health of the person; | ||||||
11 | (4) whether the person has a history of violating the | ||||||
12 | orders of any court or governmental entity; | ||||||
13 | (5) whether the person has been, or is, potentially a | ||||||
14 | threat to any other person; | ||||||
15 | (6) whether the person has access to deadly weapons or | ||||||
16 | a history of using deadly weapons; | ||||||
17 | (7) whether the person has a history of abusing alcohol | ||||||
18 | or any controlled substance; | ||||||
19 | (8) based on the severity of the alleged incident that | ||||||
20 | is the basis of the alleged offense, including, but not | ||||||
21 | limited to, the duration of the current incident, and | ||||||
22 | whether the alleged incident involved physical injury, | ||||||
23 | sexual assault, strangulation, abuse during the alleged | ||||||
24 | victim's pregnancy, abuse of pets, or forcible entry to | ||||||
25 | gain access to the alleged victim; | ||||||
26 | (9) whether a separation of the person from the alleged |
| |||||||
| |||||||
1 | victim or a termination of the relationship between the | ||||||
2 | person and the alleged victim has recently occurred or is | ||||||
3 | pending; | ||||||
4 | (10) whether the person has exhibited obsessive or | ||||||
5 | controlling behaviors toward the alleged victim, | ||||||
6 | including, but not limited to, stalking, surveillance, or | ||||||
7 | isolation of the alleged victim or victim's family member | ||||||
8 | or members; | ||||||
9 | (11) whether the person has expressed suicidal or | ||||||
10 | homicidal ideations; | ||||||
11 | (12) based on any information contained in the | ||||||
12 | complaint and any police reports, affidavits, or other | ||||||
13 | documents accompanying the complaint, | ||||||
14 | the court may, in its discretion, order the respondent to | ||||||
15 | undergo a risk assessment evaluation conducted by an Illinois | ||||||
16 | Department of Human Services approved partner abuse | ||||||
17 | intervention program provider, pretrial service, probation, or | ||||||
18 | parole agency. These agencies shall have access to summaries of | ||||||
19 | the defendant's criminal history, which shall not include | ||||||
20 | victim interviews or information, for the risk evaluation. | ||||||
21 | Based on the information collected from the 12 points to be | ||||||
22 | considered at a bail hearing for a violation of an order of | ||||||
23 | protection, the results of any risk evaluation conducted and | ||||||
24 | the other circumstances of the violation, the court may order | ||||||
25 | that the person, as a condition of bail, be placed under | ||||||
26 | electronic surveillance as provided in Section 5-8A-7 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections.
| ||||||
2 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
| ||||||
3 | (725 ILCS 5/110-5.1)
| ||||||
4 | Sec. 110-5.1. Bail; certain persons charged with violent | ||||||
5 | crimes against family or household members. | ||||||
6 | (a) Subject to subsection (c), a person who is charged with | ||||||
7 | a violent crime shall appear before the court for the setting | ||||||
8 | of bail if the alleged victim was a family or household member | ||||||
9 | at the time of the alleged offense, and if any of the following | ||||||
10 | applies: | ||||||
11 | (1) the person charged, at the time of the alleged | ||||||
12 | offense, was subject to the terms of an order of protection | ||||||
13 | issued under Section 112A-14 of this Code or Section 214 of | ||||||
14 | the Illinois Domestic Violence Act of 1986 or previously | ||||||
15 | was convicted of a violation of an order of protection | ||||||
16 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | ||||||
17 | or a violent crime if the victim was a family or household | ||||||
18 | member at the time of the offense or a violation of a | ||||||
19 | substantially similar municipal ordinance or law of this or | ||||||
20 | any other state or the United States if the victim was a | ||||||
21 | family or household member at the time of the offense; | ||||||
22 | (2) the arresting officer indicates in a police report | ||||||
23 | or other document accompanying the complaint any of the | ||||||
24 | following: | ||||||
25 | (A) that the arresting officer observed on the |
| |||||||
| |||||||
1 | alleged victim objective manifestations of physical | ||||||
2 | harm that the arresting officer reasonably believes | ||||||
3 | are a result of the alleged offense; | ||||||
4 | (B) that the arresting officer reasonably believes | ||||||
5 | that the person had on the person's person at the time | ||||||
6 | of the alleged offense a deadly weapon; | ||||||
7 | (C) that the arresting officer reasonably believes | ||||||
8 | that the person presents a credible threat of serious | ||||||
9 | physical harm to the alleged victim or to any other | ||||||
10 | person if released on bail before trial. | ||||||
11 | (b) To the extent that information about any of the | ||||||
12 | following is available to the court, the court shall consider | ||||||
13 | all of the following, in addition to any other circumstances | ||||||
14 | considered by the court, before setting bail for a person who | ||||||
15 | appears before the court pursuant to subsection (a): | ||||||
16 | (1) whether the person has a history of domestic | ||||||
17 | violence or a history of other violent acts; | ||||||
18 | (2) the mental health of the person; | ||||||
19 | (3) whether the person has a history of violating the | ||||||
20 | orders of any court or governmental entity; | ||||||
21 | (4) whether the person is potentially a threat to any | ||||||
22 | other person; | ||||||
23 | (5) whether the person has access to deadly weapons or | ||||||
24 | a history of using deadly weapons; | ||||||
25 | (6) whether the person has a history of abusing alcohol | ||||||
26 | or any controlled substance; |
| |||||||
| |||||||
1 | (7) the severity of the alleged violence that is the | ||||||
2 | basis of the alleged offense, including, but not limited | ||||||
3 | to, the duration of the alleged violent incident, and | ||||||
4 | whether the alleged violent incident involved serious | ||||||
5 | physical injury, sexual assault, strangulation, abuse | ||||||
6 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
7 | forcible entry to gain access to the alleged victim; | ||||||
8 | (8) whether a separation of the person from the alleged | ||||||
9 | victim or a termination of the relationship between the | ||||||
10 | person and the alleged victim has recently occurred or is | ||||||
11 | pending; | ||||||
12 | (9) whether the person has exhibited obsessive or | ||||||
13 | controlling behaviors toward the alleged victim, | ||||||
14 | including, but not limited to, stalking, surveillance, or | ||||||
15 | isolation of the alleged victim; | ||||||
16 | (10) whether the person has expressed suicidal or | ||||||
17 | homicidal ideations; | ||||||
18 | (11) any information contained in the complaint and any | ||||||
19 | police reports, affidavits, or other documents | ||||||
20 | accompanying the complaint. | ||||||
21 | (c) Upon the court's own motion or the motion of a party | ||||||
22 | and upon any terms that the court may direct, a court may | ||||||
23 | permit a person who is required to appear before it by | ||||||
24 | subsection (a) to appear by video conferencing equipment. If, | ||||||
25 | in the opinion of the court, the appearance in person or by | ||||||
26 | video conferencing equipment of a person who is charged with a |
| |||||||
| |||||||
1 | misdemeanor and who is required to appear before the court by | ||||||
2 | subsection (a) is not practicable, the court may waive the | ||||||
3 | appearance and release the person on bail on one or both of the | ||||||
4 | following types of bail in an amount set by the court: | ||||||
5 | (1) a bail bond secured by a deposit of 10% of the | ||||||
6 | amount of the bond in cash; | ||||||
7 | (2) a surety bond, a bond secured by real estate or | ||||||
8 | securities as allowed by law, or the deposit of cash, at | ||||||
9 | the option of the person. | ||||||
10 | Subsection (a) does not create a right in a person to | ||||||
11 | appear before the court for the setting of bail or prohibit a | ||||||
12 | court from requiring any person charged with a violent crime | ||||||
13 | who is not described in subsection (a) from appearing before | ||||||
14 | the court for the setting of bail. | ||||||
15 | (d) As used in this Section: | ||||||
16 | (1) "Violent crime" has the meaning ascribed to it in | ||||||
17 | Section 3 of the Rights of Crime Victims and Witnesses Act. | ||||||
18 | (2) "Family or household member" has the meaning | ||||||
19 | ascribed to it in Section 112A-3 of this Code.
| ||||||
20 | (Source: P.A. 94-878, eff. 1-1-07.)
| ||||||
21 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
22 | Sec. 110-6.3.
Denial of bail in stalking and aggravated | ||||||
23 | stalking
offenses.
| ||||||
24 | (a) Upon verified petition by the State, the court shall | ||||||
25 | hold a
hearing to determine whether bail should be denied to a |
| |||||||
| |||||||
1 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
2 | when it is alleged that the defendant's
admission to bail poses | ||||||
3 | a real and present threat to the physical safety of
the alleged | ||||||
4 | victim of the offense, and denial of release on bail or
| ||||||
5 | personal recognizance is necessary to prevent fulfillment of | ||||||
6 | the threat
upon which the charge is based.
| ||||||
7 | (1) A petition may be filed without prior notice to the | ||||||
8 | defendant at the
first appearance before a judge, or within | ||||||
9 | 21 calendar days, except as
provided in Section 110-6, | ||||||
10 | after arrest and release of the defendant upon
reasonable | ||||||
11 | notice to defendant; provided that while the petition is
| ||||||
12 | pending before the court, the defendant if previously | ||||||
13 | released shall not be
detained.
| ||||||
14 | (2) The hearing shall be held immediately upon the | ||||||
15 | defendant's
appearance before the court, unless for good | ||||||
16 | cause shown the defendant or
the State seeks a continuance. | ||||||
17 | A continuance on motion of the defendant
may not exceed 5 | ||||||
18 | calendar days, and the defendant may be held in custody
| ||||||
19 | during the continuance. A continuance on the motion of the | ||||||
20 | State may not
exceed 3 calendar days; however, the | ||||||
21 | defendant may be held in custody
during the continuance | ||||||
22 | under this provision if the defendant has been
previously | ||||||
23 | found to have violated an order of protection or has been
| ||||||
24 | previously convicted of, or granted court supervision for, | ||||||
25 | any of the
offenses set forth in Sections 12-2, 12-3.05,
| ||||||
26 | 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
|
| |||||||
| |||||||
1 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of | ||||||
2 | 1961, against the
same person
as the alleged victim of the | ||||||
3 | stalking or aggravated stalking offense.
| ||||||
4 | (b) The court may deny bail to the defendant when, after | ||||||
5 | the hearing, it
is determined that:
| ||||||
6 | (1) the proof is evident or the presumption great that | ||||||
7 | the defendant has
committed the offense of stalking or | ||||||
8 | aggravated stalking; and
| ||||||
9 | (2) the defendant poses a real and present threat to | ||||||
10 | the physical safety
of the alleged victim of the offense; | ||||||
11 | and
| ||||||
12 | (3) the denial of release on bail or personal | ||||||
13 | recognizance is
necessary to prevent fulfillment of the | ||||||
14 | threat upon which the charge is based;
and
| ||||||
15 | (4) the court finds that no condition or combination of | ||||||
16 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
17 | this Code, including mental
health treatment at a community | ||||||
18 | mental health center, hospital, or
facility of the | ||||||
19 | Department of Human Services,
can reasonably assure the | ||||||
20 | physical safety of the alleged victim of the offense.
| ||||||
21 | (c) Conduct of the hearings.
| ||||||
22 | (1) The hearing on the defendant's culpability and | ||||||
23 | threat to the
alleged victim of the offense shall be
| ||||||
24 | conducted in accordance with the following provisions:
| ||||||
25 | (A) Information used by the court in its findings | ||||||
26 | or stated in or
offered
at the hearing may be by way of |
| |||||||
| |||||||
1 | proffer based upon reliable information
offered by the | ||||||
2 | State or by defendant. Defendant has the right to be
| ||||||
3 | represented by counsel, and if he is indigent, to have | ||||||
4 | counsel appointed
for him. Defendant shall have the | ||||||
5 | opportunity to testify, to present
witnesses in his own | ||||||
6 | behalf, and to cross-examine witnesses if any are
| ||||||
7 | called by the State. The defendant has the right to | ||||||
8 | present witnesses in
his favor. When the ends of | ||||||
9 | justice so require, the court may exercise
its | ||||||
10 | discretion and compel the appearance of a complaining
| ||||||
11 | witness. The court shall state on the record reasons | ||||||
12 | for granting a
defense request to compel the presence | ||||||
13 | of a complaining witness.
Cross-examination of a | ||||||
14 | complaining witness at the pretrial detention hearing | ||||||
15 | for
the purpose of impeaching the witness' credibility | ||||||
16 | is insufficient reason
to compel the presence of the | ||||||
17 | witness. In deciding whether to compel the
appearance | ||||||
18 | of a complaining witness, the court shall be | ||||||
19 | considerate of the
emotional and physical well-being | ||||||
20 | of the witness.
The pretrial detention hearing is not | ||||||
21 | to be used for the purposes of
discovery, and the post | ||||||
22 | arraignment rules of discovery do not apply. The
State | ||||||
23 | shall tender to the
defendant, prior to the hearing, | ||||||
24 | copies of defendant's criminal history, if
any, if | ||||||
25 | available, and any written or recorded statements and | ||||||
26 | the substance
of any oral statements made by any |
| |||||||
| |||||||
1 | person, if relied upon by the State.
The rules | ||||||
2 | concerning the admissibility of evidence in
criminal | ||||||
3 | trials do not apply to the presentation and | ||||||
4 | consideration of
information at the hearing. At the | ||||||
5 | trial concerning the offense for which
the hearing was | ||||||
6 | conducted neither the finding of the court nor any
| ||||||
7 | transcript or other record of the hearing shall be | ||||||
8 | admissible in the
State's case in chief, but shall be | ||||||
9 | admissible for impeachment, or as
provided in Section | ||||||
10 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
11 | (B) A motion by the defendant to suppress evidence | ||||||
12 | or to suppress a
confession shall not be entertained. | ||||||
13 | Evidence that proof may have been
obtained as the | ||||||
14 | result of an unlawful search and seizure or through
| ||||||
15 | improper interrogation is not relevant to this state of | ||||||
16 | the prosecution.
| ||||||
17 | (2) The facts relied upon by the court to support a | ||||||
18 | finding that:
| ||||||
19 | (A) the
defendant poses a real and present threat | ||||||
20 | to the physical safety of the
alleged victim of the | ||||||
21 | offense; and
| ||||||
22 | (B) the denial of release on bail or personal
| ||||||
23 | recognizance is necessary to prevent fulfillment of | ||||||
24 | the threat upon which
the charge is based;
| ||||||
25 | shall be supported by clear and convincing evidence
| ||||||
26 | presented by the State.
|
| |||||||
| |||||||
1 | (d) Factors to be considered in making a determination of | ||||||
2 | the threat to
the alleged victim of the offense.
The court may, | ||||||
3 | in determining whether the defendant poses, at the time of
the | ||||||
4 | hearing, a real and
present threat to the physical safety of | ||||||
5 | the alleged victim of the offense,
consider but
shall not be | ||||||
6 | limited to evidence or testimony concerning:
| ||||||
7 | (1) The nature and circumstances of the offense | ||||||
8 | charged;
| ||||||
9 | (2) The history and characteristics of the defendant | ||||||
10 | including:
| ||||||
11 | (A) Any evidence of the defendant's prior criminal | ||||||
12 | history indicative of
violent, abusive or assaultive | ||||||
13 | behavior, or lack of that behavior. The
evidence may | ||||||
14 | include testimony or documents received in juvenile
| ||||||
15 | proceedings, criminal, quasi-criminal, civil | ||||||
16 | commitment, domestic relations
or other proceedings;
| ||||||
17 | (B) Any evidence of the defendant's psychological, | ||||||
18 | psychiatric or other
similar social history that tends | ||||||
19 | to indicate a violent, abusive, or
assaultive nature, | ||||||
20 | or lack of any such history.
| ||||||
21 | (3) The nature of the threat which is the basis of the | ||||||
22 | charge against the defendant;
| ||||||
23 | (4) Any statements made by, or attributed to the | ||||||
24 | defendant, together with
the circumstances surrounding | ||||||
25 | them;
| ||||||
26 | (5) The age and physical condition of any person |
| |||||||
| |||||||
1 | assaulted
by the defendant;
| ||||||
2 | (6) Whether the defendant is known to possess or have | ||||||
3 | access to any
weapon or weapons;
| ||||||
4 | (7) Whether, at the time of the current offense or any | ||||||
5 | other offense or
arrest, the defendant was on probation, | ||||||
6 | parole, mandatory supervised
release or other release from | ||||||
7 | custody pending trial, sentencing, appeal or
completion of | ||||||
8 | sentence for an offense under federal or state law;
| ||||||
9 | (8) Any other factors, including those listed in | ||||||
10 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
11 | reasonable bearing upon the
defendant's propensity or | ||||||
12 | reputation for violent, abusive or assaultive
behavior, or | ||||||
13 | lack of that behavior.
| ||||||
14 | (e) The court shall, in any order denying bail to a person | ||||||
15 | charged with
stalking or aggravated stalking:
| ||||||
16 | (1) briefly summarize the evidence of the defendant's | ||||||
17 | culpability and its
reasons for concluding that the | ||||||
18 | defendant should be held without bail;
| ||||||
19 | (2) direct that the defendant be committed to the | ||||||
20 | custody of the sheriff
for confinement in the county jail | ||||||
21 | pending trial;
| ||||||
22 | (3) direct that the defendant be given a reasonable | ||||||
23 | opportunity for
private consultation with counsel, and for | ||||||
24 | communication with others of his
choice by visitation, mail | ||||||
25 | and telephone; and
| ||||||
26 | (4) direct that the sheriff deliver the defendant as |
| |||||||
| |||||||
1 | required for
appearances in connection with court | ||||||
2 | proceedings.
| ||||||
3 | (f) If the court enters an order for the detention of the | ||||||
4 | defendant
under subsection (e) of this Section, the defendant | ||||||
5 | shall be brought to
trial on the offense for which he is | ||||||
6 | detained within 90 days after the date
on which the order for | ||||||
7 | detention was entered. If the defendant is not
brought to trial | ||||||
8 | within the 90 day period required by this subsection (f),
he | ||||||
9 | shall not be held longer without bail. In computing the 90 day | ||||||
10 | period,
the court shall omit any period of delay resulting from | ||||||
11 | a continuance
granted at the request of the defendant.
The | ||||||
12 | court shall immediately notify the alleged victim of the | ||||||
13 | offense that the defendant
has been admitted to bail under this | ||||||
14 | subsection.
| ||||||
15 | (g) Any person shall be entitled to appeal any
order | ||||||
16 | entered under this Section denying bail to the defendant.
| ||||||
17 | (h) The State may appeal any order entered under this | ||||||
18 | Section denying any
motion for denial of bail.
| ||||||
19 | (i) Nothing in this Section shall be construed as modifying | ||||||
20 | or limiting
in any way the defendant's presumption of innocence | ||||||
21 | in further criminal
proceedings.
| ||||||
22 | (Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
| ||||||
23 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
| ||||||
24 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
25 | violence.
|
| |||||||
| |||||||
1 | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, | ||||||
2 | 10-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
| ||||||
3 | 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, | ||||||
4 | 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, | ||||||
5 | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, | ||||||
6 | or 21-3
of the Criminal Code of 1961 or Section 1-1 of the | ||||||
7 | Harassing and Obscene Communications Act is alleged in an | ||||||
8 | information, complaint or indictment
on file, and the alleged | ||||||
9 | offender and victim are family or household members,
as defined | ||||||
10 | in the Illinois Domestic Violence Act, as now or hereafter | ||||||
11 | amended,
the People through the respective State's Attorneys | ||||||
12 | may by separate petition
and upon notice to the defendant, | ||||||
13 | except as provided in subsection (c) herein,
request the court | ||||||
14 | to issue an order of protection.
| ||||||
15 | (b) In addition to any other remedies specified in Section | ||||||
16 | 208 of the
Illinois Domestic Violence Act, as now or hereafter | ||||||
17 | amended, the order may
direct the defendant
to initiate no | ||||||
18 | contact with the alleged victim or victims who are family
or | ||||||
19 | household members and to refrain from entering the residence, | ||||||
20 | school
or place of business of the alleged victim or victims.
| ||||||
21 | (c) The court may grant emergency relief without notice | ||||||
22 | upon a showing
of immediate and present danger of abuse to the | ||||||
23 | victim or minor children of the
victim and may enter a | ||||||
24 | temporary order pending notice and full hearing on the
matter.
| ||||||
25 | (Source: P.A. 94-325, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||||||
2 | Sec. 112A-3. Definitions. For the purposes of this Article, | ||||||
3 | the
following terms shall have the following meanings:
| ||||||
4 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
5 | of a
dependent, interference with personal liberty or willful | ||||||
6 | deprivation but
does not include reasonable direction of a | ||||||
7 | minor child by a parent or
person in loco parentis.
| ||||||
8 | (2) "Domestic violence" means abuse as described in | ||||||
9 | paragraph (1).
| ||||||
10 | (3) "Family or household members" include spouses, former | ||||||
11 | spouses,
parents, children, stepchildren and other persons | ||||||
12 | related by blood or
by present or prior marriage, persons who | ||||||
13 | share or formerly shared a
common dwelling, persons who have or | ||||||
14 | allegedly have a child in common, persons
who share or | ||||||
15 | allegedly share a blood relationship through a child, persons | ||||||
16 | who
have or have had a dating or engagement relationship, | ||||||
17 | persons with disabilities
and their personal assistants, and | ||||||
18 | caregivers as defined in paragraph (3) of
subsection (b) of | ||||||
19 | Section 12-21 or in subsection (e) of Section 12-4.4a of the | ||||||
20 | Criminal Code of 1961.
For purposes of this paragraph, neither | ||||||
21 | a casual acquaintanceship nor
ordinary fraternization between | ||||||
22 | 2 individuals in business or social
contexts shall be deemed to | ||||||
23 | constitute a dating relationship.
| ||||||
24 | (4) "Harassment" means knowing conduct which
is not | ||||||
25 | necessary to accomplish a purpose which is reasonable under the
| ||||||
26 | circumstances; would cause a reasonable person emotional |
| |||||||
| |||||||
1 | distress; and
does cause emotional distress to the petitioner.
| ||||||
2 | Unless the presumption is rebutted by a preponderance of the | ||||||
3 | evidence, the
following types of conduct shall be presumed to | ||||||
4 | cause emotional distress:
| ||||||
5 | (i) creating a disturbance at petitioner's place of | ||||||
6 | employment or school;
| ||||||
7 | (ii) repeatedly telephoning petitioner's place of | ||||||
8 | employment, home or
residence;
| ||||||
9 | (iii) repeatedly following petitioner about in a | ||||||
10 | public place or places;
| ||||||
11 | (iv) repeatedly keeping petitioner under surveillance | ||||||
12 | by remaining
present outside his or her home, school, place | ||||||
13 | of employment, vehicle or
other place occupied by | ||||||
14 | petitioner or by peering in petitioner's windows;
| ||||||
15 | (v) improperly concealing a minor child from | ||||||
16 | petitioner, repeatedly
threatening to improperly remove a | ||||||
17 | minor child of petitioner's from the
jurisdiction or from | ||||||
18 | the physical care of petitioner, repeatedly threatening to
| ||||||
19 | conceal a minor child from petitioner, or making a single | ||||||
20 | such threat following
an actual or attempted improper | ||||||
21 | removal or concealment, unless respondent was
fleeing from | ||||||
22 | an incident or pattern of domestic violence; or
| ||||||
23 | (vi) threatening physical force, confinement or | ||||||
24 | restraint on one or more
occasions.
| ||||||
25 | (5) "Interference with personal liberty" means committing | ||||||
26 | or threatening
physical abuse, harassment, intimidation or |
| |||||||
| |||||||
1 | willful deprivation so as to
compel another to engage in | ||||||
2 | conduct from which she or he has a right to
abstain or to | ||||||
3 | refrain from conduct
in which she or he has a right to engage.
| ||||||
4 | (6) "Intimidation of a dependent" means subjecting a person | ||||||
5 | who is
dependent because of age, health or disability to | ||||||
6 | participation in or the
witnessing of: physical force against | ||||||
7 | another or physical confinement or
restraint of another which | ||||||
8 | constitutes physical abuse as defined in this
Article, | ||||||
9 | regardless of whether the abused person is a family or | ||||||
10 | household member.
| ||||||
11 | (7) "Order of protection" means an emergency order, interim | ||||||
12 | order or
plenary order, granted pursuant to this Article, which | ||||||
13 | includes any or all
of the remedies authorized by Section | ||||||
14 | 112A-14 of this Code.
| ||||||
15 | (8) "Petitioner" may mean not only any named petitioner for | ||||||
16 | the order of
protection and any named victim of abuse on whose | ||||||
17 | behalf the petition
is brought, but also any other person | ||||||
18 | protected by this Article.
| ||||||
19 | (9) "Physical abuse" includes sexual abuse and means any of | ||||||
20 | the following:
| ||||||
21 | (i) knowing or reckless use of physical force, | ||||||
22 | confinement or restraint;
| ||||||
23 | (ii) knowing, repeated and unnecessary sleep | ||||||
24 | deprivation; or
| ||||||
25 | (iii) knowing or reckless conduct which creates an | ||||||
26 | immediate
risk of physical harm.
|
| |||||||
| |||||||
1 | (9.5) "Stay away" means for the respondent to refrain from | ||||||
2 | both physical presence and nonphysical contact with the | ||||||
3 | petitioner whether direct, indirect (including, but not | ||||||
4 | limited to, telephone calls, mail, email, faxes, and written | ||||||
5 | notes), or through third parties who may or may not know about | ||||||
6 | the order of protection.
| ||||||
7 | (10) "Willful deprivation" means wilfully denying a person | ||||||
8 | who because of
age, health or disability requires medication, | ||||||
9 | medical care, shelter,
accessible shelter or services, food, | ||||||
10 | therapeutic device, or other physical
assistance, and thereby | ||||||
11 | exposing that person to the risk of physical, mental or
| ||||||
12 | emotional harm, except with regard to medical care and | ||||||
13 | treatment when such
dependent person has expressed the intent | ||||||
14 | to forgo such medical care or
treatment. This paragraph does | ||||||
15 | not create any new affirmative duty to provide
support to | ||||||
16 | dependent persons.
| ||||||
17 | (Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
| ||||||
18 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
19 | Sec. 112A-23. Enforcement of orders of protection.
| ||||||
20 | (a) When violation is crime. A violation of any order of | ||||||
21 | protection,
whether issued in a civil, quasi-criminal | ||||||
22 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
23 | (1) The respondent commits the crime of violation of an | ||||||
24 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
25 | the Criminal Code of
1961, by
having knowingly violated:
|
| |||||||
| |||||||
1 | (i) remedies described in paragraphs (1), (2), | ||||||
2 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
3 | 112A-14,
| ||||||
4 | (ii) a remedy, which is substantially similar to | ||||||
5 | the remedies
authorized
under paragraphs (1), (2), | ||||||
6 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
7 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
8 | order of protection,
which is authorized under the laws | ||||||
9 | of another state, tribe or United States
territory,
| ||||||
10 | (iii) or any other remedy when the act
constitutes | ||||||
11 | a crime against the protected parties as defined by the | ||||||
12 | Criminal
Code of 1961.
| ||||||
13 | Prosecution for a violation of an order of protection shall
| ||||||
14 | not bar concurrent prosecution for any other crime, including | ||||||
15 | any crime
that may have been committed at the time of the | ||||||
16 | violation of the order
of protection; or
| ||||||
17 | (2) The respondent commits the crime of child abduction | ||||||
18 | pursuant
to Section 10-5 of the Criminal Code of 1961, by | ||||||
19 | having knowingly violated:
| ||||||
20 | (i) remedies described in paragraphs (5), (6) or | ||||||
21 | (8) of subsection
(b)
of
Section 112A-14, or
| ||||||
22 | (ii) a remedy, which is substantially similar to | ||||||
23 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
24 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
25 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
26 | order of protection,
which is authorized under the laws |
| |||||||
| |||||||
1 | of another state, tribe or United States
territory.
| ||||||
2 | (b) When violation is contempt of court. A violation of any | ||||||
3 | valid order of protection, whether issued in a civil or | ||||||
4 | criminal
proceeding, may be enforced through civil or criminal | ||||||
5 | contempt procedures,
as appropriate, by any court with | ||||||
6 | jurisdiction, regardless where the act or
acts which violated | ||||||
7 | the order of protection were committed, to the extent
| ||||||
8 | consistent with the venue provisions of this Article. Nothing | ||||||
9 | in this
Article shall preclude any Illinois court from | ||||||
10 | enforcing any valid order of
protection issued in another | ||||||
11 | state. Illinois courts may enforce orders of
protection through | ||||||
12 | both criminal prosecution and contempt proceedings,
unless the | ||||||
13 | action which is second in time is barred by collateral estoppel
| ||||||
14 | or the constitutional prohibition against double jeopardy.
| ||||||
15 | (1) In a contempt proceeding where the petition for a | ||||||
16 | rule to show
cause sets forth facts evidencing an immediate | ||||||
17 | danger that the
respondent will flee the jurisdiction, | ||||||
18 | conceal a child, or inflict physical
abuse on the | ||||||
19 | petitioner or minor children or on dependent adults in
| ||||||
20 | petitioner's care, the court may order the
attachment of | ||||||
21 | the respondent without prior service of the rule to show
| ||||||
22 | cause or the petition for a rule to show cause. Bond shall | ||||||
23 | be set unless
specifically denied in writing.
| ||||||
24 | (2) A petition for a rule to show cause for violation | ||||||
25 | of an order of
protection shall be treated as an expedited | ||||||
26 | proceeding.
|
| |||||||
| |||||||
1 | (c) Violation of custody or support orders. A violation of | ||||||
2 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
3 | subsection (b) of Section
112A-14 may be enforced by any remedy | ||||||
4 | provided by Section 611 of
the Illinois Marriage and | ||||||
5 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
6 | for support issued under paragraph (12) of subsection (b)
of | ||||||
7 | Section 112A-14 in the manner provided for under Parts
V and | ||||||
8 | VII of the
Illinois Marriage and Dissolution of Marriage Act.
| ||||||
9 | (d) Actual knowledge. An order of protection may be
| ||||||
10 | enforced pursuant to this Section if the respondent violates | ||||||
11 | the order
after respondent has actual knowledge of its contents
| ||||||
12 | as shown through one of the following means:
| ||||||
13 | (1) By service, delivery, or notice under Section | ||||||
14 | 112A-10.
| ||||||
15 | (2) By notice under Section 112A-11.
| ||||||
16 | (3) By service of an order of protection under Section | ||||||
17 | 112A-22.
| ||||||
18 | (4) By other means demonstrating actual knowledge of | ||||||
19 | the contents of the order.
| ||||||
20 | (e) The enforcement of an order of protection in civil or | ||||||
21 | criminal court
shall not be affected by either of the | ||||||
22 | following:
| ||||||
23 | (1) The existence of a separate, correlative order | ||||||
24 | entered under Section
112A-15.
| ||||||
25 | (2) Any finding or order entered in a conjoined | ||||||
26 | criminal proceeding.
|
| |||||||
| |||||||
1 | (f) Circumstances. The court, when determining whether or | ||||||
2 | not a
violation of an order of protection has occurred, shall | ||||||
3 | not require
physical manifestations of abuse on the person of | ||||||
4 | the victim.
| ||||||
5 | (g) Penalties.
| ||||||
6 | (1) Except as provided in paragraph (3) of this
| ||||||
7 | subsection, where the court finds the commission of a crime | ||||||
8 | or contempt of
court under subsections (a) or (b) of this | ||||||
9 | Section, the penalty shall be
the penalty that generally | ||||||
10 | applies in such criminal or contempt
proceedings, and may | ||||||
11 | include one or more of the following: incarceration,
| ||||||
12 | payment of restitution, a fine, payment of attorneys' fees | ||||||
13 | and costs, or
community service.
| ||||||
14 | (2) The court shall hear and take into account evidence | ||||||
15 | of any factors
in aggravation or mitigation before deciding | ||||||
16 | an appropriate penalty under
paragraph (1) of this | ||||||
17 | subsection.
| ||||||
18 | (3) To the extent permitted by law, the court is | ||||||
19 | encouraged to:
| ||||||
20 | (i) increase the penalty for the knowing violation | ||||||
21 | of
any order of protection over any penalty previously | ||||||
22 | imposed by any court
for respondent's violation of any | ||||||
23 | order of protection or penal statute
involving | ||||||
24 | petitioner as victim and respondent as defendant;
| ||||||
25 | (ii) impose a minimum penalty of 24 hours | ||||||
26 | imprisonment for respondent's
first violation of any |
| |||||||
| |||||||
1 | order of protection; and
| ||||||
2 | (iii) impose a minimum penalty of 48 hours | ||||||
3 | imprisonment for
respondent's second or subsequent | ||||||
4 | violation of an order of protection
| ||||||
5 | unless the court explicitly finds that an increased penalty | ||||||
6 | or that
period of imprisonment would be manifestly unjust.
| ||||||
7 | (4) In addition to any other penalties imposed for a | ||||||
8 | violation of an
order of protection, a criminal court may | ||||||
9 | consider evidence of any
violations of an order of | ||||||
10 | protection:
| ||||||
11 | (i) to increase, revoke or modify the bail bond on | ||||||
12 | an underlying
criminal charge pursuant to Section | ||||||
13 | 110-6;
| ||||||
14 | (ii) to revoke or modify an order of probation, | ||||||
15 | conditional discharge or
supervision, pursuant to | ||||||
16 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
17 | (iii) to revoke or modify a sentence of periodic | ||||||
18 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
19 | Code of Corrections.
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
21 | (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| ||||||
22 | Sec. 112A-26. Arrest without warrant.
| ||||||
23 | (a) Any law enforcement officer may
make an arrest without
| ||||||
24 | warrant if the officer has probable cause to believe that the | ||||||
25 | person has
committed or is committing any crime, including but |
| |||||||
| |||||||
1 | not limited to
violation of an order of protection, under | ||||||
2 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961, even if | ||||||
3 | the crime was not committed in the presence of the
officer.
| ||||||
4 | (b) The law enforcement officer may verify the existence of | ||||||
5 | an order of
protection by telephone or radio communication with | ||||||
6 | his or her law enforcement
agency or by referring to the copy | ||||||
7 | of the order provided by petitioner
or respondent.
| ||||||
8 | (Source: P.A. 87-1186.)
| ||||||
9 | (725 ILCS 5/115-7.3)
| ||||||
10 | Sec. 115-7.3. Evidence in certain cases.
| ||||||
11 | (a) This Section applies to criminal cases in which:
| ||||||
12 | (1) the defendant is accused of predatory criminal | ||||||
13 | sexual assault of a
child, aggravated criminal sexual | ||||||
14 | assault, criminal sexual assault, aggravated
criminal | ||||||
15 | sexual abuse,
criminal sexual abuse, child pornography, | ||||||
16 | aggravated child pornography, or criminal transmission of | ||||||
17 | HIV;
| ||||||
18 | (2) the defendant is accused of battery, aggravated | ||||||
19 | battery, first degree murder, or second degree murder when | ||||||
20 | the
commission of the offense involves sexual penetration | ||||||
21 | or sexual conduct as
defined in Section 12-12 of the | ||||||
22 | Criminal Code of 1961; or
| ||||||
23 | (3) the defendant is tried or retried for any of the | ||||||
24 | offenses formerly
known as rape, deviate sexual assault, | ||||||
25 | indecent liberties with a child, or
aggravated indecent |
| |||||||
| |||||||
1 | liberties with a child.
| ||||||
2 | (b) If the defendant is accused of an offense set forth in | ||||||
3 | paragraph (1)
or (2) of subsection (a) or the defendant is | ||||||
4 | tried or retried for any of the
offenses set forth in paragraph | ||||||
5 | (3) of subsection (a), evidence of the
defendant's commission | ||||||
6 | of another offense or offenses set forth in paragraph
(1), (2), | ||||||
7 | or (3) of subsection (a), or evidence to rebut that proof or an
| ||||||
8 | inference from that proof, may be admissible (if that evidence | ||||||
9 | is otherwise
admissible under the rules of evidence) and may be | ||||||
10 | considered for its bearing
on any matter to which it is | ||||||
11 | relevant.
| ||||||
12 | (c) In weighing the probative value of the evidence against | ||||||
13 | undue
prejudice to the defendant, the court may consider:
| ||||||
14 | (1) the proximity in time to the charged or predicate | ||||||
15 | offense;
| ||||||
16 | (2) the degree of factual similarity to the charged or | ||||||
17 | predicate offense;
or
| ||||||
18 | (3) other relevant facts and circumstances.
| ||||||
19 | (d) In a criminal case in which the prosecution intends to | ||||||
20 | offer evidence
under this Section, it must disclose the | ||||||
21 | evidence, including statements of
witnesses or a summary of the | ||||||
22 | substance of any testimony, at a reasonable time
in advance of | ||||||
23 | trial, or during trial if the court excuses pretrial notice on
| ||||||
24 | good cause shown.
| ||||||
25 | (e) In a criminal case in which evidence is offered under | ||||||
26 | this Section,
proof may be made by specific instances of |
| |||||||
| |||||||
1 | conduct, testimony as to reputation,
or testimony in the form | ||||||
2 | of an expert opinion, except that the prosecution may
offer
| ||||||
3 | reputation testimony only after the opposing party has offered | ||||||
4 | that
testimony.
| ||||||
5 | (f) In prosecutions for a violation of Section 10-2, | ||||||
6 | 12-3.05, 12-4, 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of | ||||||
7 | the Criminal Code of 1961, involving the
involuntary delivery
| ||||||
8 | of a controlled substance to a victim, no inference may be made | ||||||
9 | about the fact
that a victim did not consent to a test for the | ||||||
10 | presence of controlled
substances.
| ||||||
11 | (Source: P.A. 95-892, eff. 1-1-09.)
| ||||||
12 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
13 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
14 | (a) In a prosecution for a physical or sexual act | ||||||
15 | perpetrated upon or
against a child under the age of 13, or a
| ||||||
16 | person who was a moderately, severely, or
profoundly mentally | ||||||
17 | retarded person as
defined in this
Code and in Section 2-10.1 | ||||||
18 | of the
Criminal Code of 1961 at the time the act was committed, | ||||||
19 | including but not
limited to prosecutions for violations of | ||||||
20 | Sections 12-13 through 12-16 of the
Criminal Code of 1961 and | ||||||
21 | prosecutions for violations of Sections
10-1 (kidnapping), | ||||||
22 | 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), | ||||||
23 | 10-3.1 (aggravated unlawful restraint), 10-4 (forcible | ||||||
24 | detention), 10-5 (child abduction), 10-6 (harboring a | ||||||
25 | runaway), 10-7 (aiding or abetting child abduction), 11-9 |
| |||||||
| |||||||
1 | (public indecency), 11-11 (sexual relations within families), | ||||||
2 | 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated | ||||||
3 | assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 | ||||||
4 | (aggravated domestic battery), 12-3.05 or
12-4 (aggravated | ||||||
5 | battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery | ||||||
6 | with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 | ||||||
7 | (drug induced infliction of great bodily harm), 12-5 (reckless | ||||||
8 | conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling | ||||||
9 | organization membership of persons), 12-7.1 (hate crime), | ||||||
10 | 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-10 | ||||||
11 | (tattooing body of minor), 12-11 (home invasion), 12-21.5 | ||||||
12 | (child abandonment), 12-21.6 (endangering the life or health of | ||||||
13 | a child) or 12-32 (ritual mutilation) of the Criminal Code of
| ||||||
14 | 1961 or any sex offense as defined in subsection (B) of Section | ||||||
15 | 2 of the Sex Offender Registration Act, the following evidence | ||||||
16 | shall be admitted as an exception to the
hearsay rule:
| ||||||
17 | (1) testimony by the victim of an out of court | ||||||
18 | statement made by the
victim that he or
she complained of | ||||||
19 | such act to another; and
| ||||||
20 | (2) testimony of an out of court statement made by the | ||||||
21 | victim describing
any complaint of such act or matter or | ||||||
22 | detail pertaining to any act which is an
element of an | ||||||
23 | offense which is the subject of a prosecution for a sexual | ||||||
24 | or
physical act against that victim.
| ||||||
25 | (b) Such testimony shall only be admitted if:
| ||||||
26 | (1) The court finds in a hearing conducted outside the |
| |||||||
| |||||||
1 | presence of the
jury that the time, content, and | ||||||
2 | circumstances of the statement provide
sufficient | ||||||
3 | safeguards of reliability; and
| ||||||
4 | (2) The child or moderately, severely, or
profoundly | ||||||
5 | mentally
retarded person either:
| ||||||
6 | (A) testifies at the proceeding; or
| ||||||
7 | (B) is unavailable as a witness and there is | ||||||
8 | corroborative evidence of
the act which is the subject | ||||||
9 | of the statement; and
| ||||||
10 | (3) In a case involving an offense perpetrated against | ||||||
11 | a child under the
age of 13, the out of court statement was | ||||||
12 | made before the
victim attained 13 years of age or within 3 | ||||||
13 | months after the commission of the
offense, whichever | ||||||
14 | occurs later, but the statement may be admitted regardless
| ||||||
15 | of the age of
the victim at the time of the proceeding.
| ||||||
16 | (c) If a statement is admitted pursuant to this Section, | ||||||
17 | the court shall
instruct the jury that it is for the jury to | ||||||
18 | determine the weight and
credibility to be given the statement | ||||||
19 | and that, in making the determination,
it shall consider the | ||||||
20 | age and maturity of the child, or the
intellectual capabilities | ||||||
21 | of the moderately,
severely,
or profoundly mentally
retarded
| ||||||
22 | person, the nature of the statement, the circumstances under | ||||||
23 | which the
statement was made, and any other relevant factor.
| ||||||
24 | (d) The proponent of the statement shall give the adverse | ||||||
25 | party
reasonable notice of his intention to offer the statement | ||||||
26 | and the
particulars of the statement.
|
| |||||||
| |||||||
1 | (e) Statements described in paragraphs (1) and (2) of | ||||||
2 | subsection (a) shall
not be excluded on the basis that they | ||||||
3 | were obtained as a result of interviews
conducted pursuant to a | ||||||
4 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
5 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
6 | Children's
Advocacy Center Act or that an interviewer or | ||||||
7 | witness to the interview was or
is an employee, agent, or | ||||||
8 | investigator of a State's Attorney's office.
| ||||||
9 | (Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
| ||||||
10 | (725 ILCS 5/115-10.3)
| ||||||
11 | Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||||||
12 | (a) In a prosecution for a physical act, abuse, neglect, or | ||||||
13 | financial
exploitation
perpetrated upon or against an eligible | ||||||
14 | adult, as defined in
the Elder Abuse
and Neglect
Act, who has | ||||||
15 | been diagnosed by a physician to suffer from (i) any form of
| ||||||
16 | dementia, developmental disability, or other form of mental | ||||||
17 | incapacity or (ii)
any physical infirmity, including but not | ||||||
18 | limited to
prosecutions for violations of Sections 10-1, 10-2, | ||||||
19 | 10-3, 10-3.1, 10-4, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, | ||||||
20 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, | ||||||
21 | 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, | ||||||
22 | 12-16, 12-21,
16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, | ||||||
23 | 18-5, 20-1.1,
24-1.2, and 33A-2 , or subsection (b) of Section | ||||||
24 | 12-4.4a, of the
Criminal Code of 1961, the following evidence | ||||||
25 | shall be admitted
as an exception to the hearsay rule:
|
| |||||||
| |||||||
1 | (1) testimony by an eligible adult, of an out of court | ||||||
2 | statement made by
the eligible adult, that he or she | ||||||
3 | complained of such act to another; and
| ||||||
4 | (2) testimony of an out of court statement made by the
| ||||||
5 | eligible adult,
describing any complaint of such act or | ||||||
6 | matter or detail pertaining to any act
which is an element | ||||||
7 | of an offense which is the subject of a prosecution for
a | ||||||
8 | physical act, abuse, neglect, or financial exploitation | ||||||
9 | perpetrated
upon or
against the eligible adult.
| ||||||
10 | (b) Such testimony shall only be admitted if:
| ||||||
11 | (1) The court finds in a hearing conducted outside the | ||||||
12 | presence of the
jury that the time, content, and | ||||||
13 | circumstances of the statement provide
sufficient | ||||||
14 | safeguards of reliability; and
| ||||||
15 | (2) The eligible adult either:
| ||||||
16 | (A) testifies at the proceeding; or
| ||||||
17 | (B) is unavailable as a witness and there is | ||||||
18 | corroborative evidence of
the act which is the subject | ||||||
19 | of the statement.
| ||||||
20 | (c) If a statement is admitted pursuant to this Section, | ||||||
21 | the court shall
instruct the jury that it is for the jury to | ||||||
22 | determine the weight and
credibility to be given the statement | ||||||
23 | and that, in making the determination, it
shall consider the | ||||||
24 | condition of the eligible adult, the nature of
the
statement, | ||||||
25 | the circumstances under which the statement was made, and any | ||||||
26 | other
relevant factor.
|
| |||||||
| |||||||
1 | (d) The proponent of the statement shall give the adverse | ||||||
2 | party reasonable
notice of his or her intention to offer the | ||||||
3 | statement and the particulars of
the statement.
| ||||||
4 | (Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
| ||||||
5 | Section 970. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 3-6-3, 5-3-2, 5-5-3, 5-5-3.2, 5-8-4, 5-8A-2, | ||||||
7 | and 5-9-1.16 as follows:
| ||||||
8 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
9 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
10 | (a) (1) The Department of Corrections shall prescribe | ||||||
11 | rules
and regulations for the early release on account of | ||||||
12 | good
conduct of persons committed to the Department which | ||||||
13 | shall
be subject to review by the Prisoner Review Board.
| ||||||
14 | (2) The rules and regulations on early release shall | ||||||
15 | provide, with
respect to offenses listed in clause (i), | ||||||
16 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
17 | June 19, 1998 or with respect to the offense listed in | ||||||
18 | clause (iv) of this paragraph (2) committed on or after | ||||||
19 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
20 | with
respect to offense listed in clause (vi)
committed on | ||||||
21 | or after June 1, 2008 (the effective date of Public Act | ||||||
22 | 95-625)
or with respect to the offense of being an armed | ||||||
23 | habitual criminal committed on or after August 2, 2005 (the | ||||||
24 | effective date of Public Act 94-398) or with respect to the |
| |||||||
| |||||||
1 | offenses listed in clause (v) of this paragraph (2) | ||||||
2 | committed on or after August 13, 2007 (the effective date | ||||||
3 | of Public Act 95-134), the following:
| ||||||
4 | (i) that a prisoner who is serving a term of | ||||||
5 | imprisonment for first
degree murder or for the offense | ||||||
6 | of terrorism shall receive no good conduct
credit and | ||||||
7 | shall serve the entire
sentence imposed by the court;
| ||||||
8 | (ii) that a prisoner serving a sentence for attempt | ||||||
9 | to commit first
degree murder, solicitation of murder, | ||||||
10 | solicitation of murder for hire,
intentional homicide | ||||||
11 | of an unborn child, predatory criminal sexual assault | ||||||
12 | of a
child, aggravated criminal sexual assault, | ||||||
13 | criminal sexual assault, aggravated
kidnapping, | ||||||
14 | aggravated battery with a firearm as described in | ||||||
15 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
16 | or (e)(4) of Section 12-3.05 , heinous battery as | ||||||
17 | described in Section 12-4.1 or subdivision (a)(2) of | ||||||
18 | Section 12-3.05 , being an armed habitual criminal, | ||||||
19 | aggravated
battery of a senior citizen as described in | ||||||
20 | Section 12-4.6 or subdivision (a)(4) of Section | ||||||
21 | 12-3.05 , or aggravated battery of a child as described | ||||||
22 | in Section 12-4.3 or subdivision (b)(1) of Section | ||||||
23 | 12-3.05 shall receive no
more than 4.5 days of good | ||||||
24 | conduct credit for each month of his or her sentence
of | ||||||
25 | imprisonment;
| ||||||
26 | (iii) that a prisoner serving a sentence
for home |
| |||||||
| |||||||
1 | invasion, armed robbery, aggravated vehicular | ||||||
2 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
3 | violence with a category I weapon
or category II | ||||||
4 | weapon, when the court
has made and entered a finding, | ||||||
5 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
6 | Code, that the conduct leading to conviction for the | ||||||
7 | enumerated offense
resulted in great bodily harm to a | ||||||
8 | victim, shall receive no more than 4.5 days
of good | ||||||
9 | conduct credit for each month of his or her sentence of | ||||||
10 | imprisonment;
| ||||||
11 | (iv) that a prisoner serving a sentence for | ||||||
12 | aggravated discharge of a firearm, whether or not the | ||||||
13 | conduct leading to conviction for the offense resulted | ||||||
14 | in great bodily harm to the victim, shall receive no | ||||||
15 | more than 4.5 days of good conduct credit for each | ||||||
16 | month of his or her sentence of imprisonment;
| ||||||
17 | (v) that a person serving a sentence for | ||||||
18 | gunrunning, narcotics racketeering, controlled | ||||||
19 | substance trafficking, methamphetamine trafficking, | ||||||
20 | drug-induced homicide, aggravated | ||||||
21 | methamphetamine-related child endangerment, money | ||||||
22 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
23 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
24 | conviction for delivery of a controlled substance, | ||||||
25 | possession of a controlled substance with intent to | ||||||
26 | manufacture or deliver, calculated criminal drug |
| |||||||
| |||||||
1 | conspiracy, criminal drug conspiracy, street gang | ||||||
2 | criminal drug conspiracy, participation in | ||||||
3 | methamphetamine manufacturing, aggravated | ||||||
4 | participation in methamphetamine manufacturing, | ||||||
5 | delivery of methamphetamine, possession with intent to | ||||||
6 | deliver methamphetamine, aggravated delivery of | ||||||
7 | methamphetamine, aggravated possession with intent to | ||||||
8 | deliver methamphetamine, methamphetamine conspiracy | ||||||
9 | when the substance containing the controlled substance | ||||||
10 | or methamphetamine is 100 grams or more shall receive | ||||||
11 | no more than 7.5 days good conduct credit for each | ||||||
12 | month of his or her sentence of imprisonment; and
| ||||||
13 | (vi)
that a prisoner serving a sentence for a | ||||||
14 | second or subsequent offense of luring a minor shall | ||||||
15 | receive no more than 4.5 days of good conduct credit | ||||||
16 | for each month of his or her sentence of imprisonment.
| ||||||
17 | (2.1) For all offenses, other than those enumerated in | ||||||
18 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
19 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
20 | after June 23, 2005 (the effective date of Public Act | ||||||
21 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
22 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
23 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
24 | 2008 (the effective date of Public Act 95-625), and other | ||||||
25 | than the offense of reckless
homicide as defined in | ||||||
26 | subsection (e) of Section 9-3 of the Criminal Code of
1961 |
| |||||||
| |||||||
1 | committed on or after January 1, 1999,
or aggravated | ||||||
2 | driving under the influence of alcohol, other drug or | ||||||
3 | drugs, or
intoxicating compound or compounds, or any | ||||||
4 | combination thereof as defined in
subparagraph (F) of | ||||||
5 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
6 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
7 | provide that a prisoner who is serving a term of
| ||||||
8 | imprisonment shall receive one day of good conduct credit | ||||||
9 | for each day of
his or her sentence of imprisonment or | ||||||
10 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
11 | credit shall reduce by one day the prisoner's period
of | ||||||
12 | imprisonment or recommitment under Section 3-3-9.
| ||||||
13 | (2.2) A prisoner serving a term of natural life | ||||||
14 | imprisonment or a
prisoner who has been sentenced to death | ||||||
15 | shall receive no good conduct
credit.
| ||||||
16 | (2.3) The rules and regulations on early release shall | ||||||
17 | provide that
a prisoner who is serving a sentence for | ||||||
18 | reckless homicide as defined in
subsection (e) of Section | ||||||
19 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
20 | January 1, 1999, or aggravated driving under the influence | ||||||
21 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
22 | or compounds, or any combination
thereof as defined in | ||||||
23 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
24 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
25 | no more than 4.5
days of good conduct credit for each month | ||||||
26 | of his or her sentence of
imprisonment.
|
| |||||||
| |||||||
1 | (2.4) The rules and regulations on early release shall | ||||||
2 | provide with
respect to the offenses of aggravated battery | ||||||
3 | with a machine gun or a firearm
equipped with any device or | ||||||
4 | attachment designed or used for silencing the
report of a | ||||||
5 | firearm or aggravated discharge of a machine gun or a | ||||||
6 | firearm
equipped with any device or attachment designed or | ||||||
7 | used for silencing the
report of a firearm, committed on or | ||||||
8 | after
July 15, 1999 (the effective date of Public Act | ||||||
9 | 91-121),
that a prisoner serving a sentence for any of | ||||||
10 | these offenses shall receive no
more than 4.5 days of good | ||||||
11 | conduct credit for each month of his or her sentence
of | ||||||
12 | imprisonment.
| ||||||
13 | (2.5) The rules and regulations on early release shall | ||||||
14 | provide that a
prisoner who is serving a sentence for | ||||||
15 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
16 | effective date of Public Act 92-176) shall receive no more | ||||||
17 | than
4.5 days of good conduct credit for each month of his | ||||||
18 | or her sentence of
imprisonment.
| ||||||
19 | (3) The rules and regulations shall also provide that
| ||||||
20 | the Director may award up to 180 days additional good | ||||||
21 | conduct
credit for meritorious service in specific | ||||||
22 | instances as the
Director deems proper; except that no more | ||||||
23 | than 90 days
of good conduct credit for meritorious service
| ||||||
24 | shall be awarded to any prisoner who is serving a sentence | ||||||
25 | for
conviction of first degree murder, reckless homicide | ||||||
26 | while under the
influence of alcohol or any other drug,
or |
| |||||||
| |||||||
1 | aggravated driving under the influence of alcohol, other | ||||||
2 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
3 | any combination thereof as defined in
subparagraph (F) of | ||||||
4 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
5 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
6 | predatory criminal sexual assault of a child,
aggravated | ||||||
7 | criminal sexual assault, criminal sexual assault, deviate | ||||||
8 | sexual
assault, aggravated criminal sexual abuse, | ||||||
9 | aggravated indecent liberties
with a child, indecent | ||||||
10 | liberties with a child, child pornography, heinous
battery | ||||||
11 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
12 | Section 12-3.05 , aggravated battery of a spouse, | ||||||
13 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
14 | aggravated stalking, aggravated battery of a child as | ||||||
15 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
16 | Section 12-3.05 ,
endangering the life or health of a child, | ||||||
17 | or cruelty to a child. Notwithstanding the foregoing, good | ||||||
18 | conduct credit for
meritorious service shall not be awarded | ||||||
19 | on a
sentence of imprisonment imposed for conviction of: | ||||||
20 | (i) one of the offenses
enumerated in subdivision | ||||||
21 | (a)(2)(i), (ii), or (iii) when the offense is committed on | ||||||
22 | or after
June 19, 1998 or subdivision (a)(2)(iv) when the | ||||||
23 | offense is committed on or after June 23, 2005 (the | ||||||
24 | effective date of Public Act 94-71) or subdivision | ||||||
25 | (a)(2)(v) when the offense is committed on or after August | ||||||
26 | 13, 2007 (the effective date of Public Act 95-134)
or |
| |||||||
| |||||||
1 | subdivision (a)(2)(vi) when the offense is committed on or | ||||||
2 | after June 1, 2008 (the effective date of Public Act | ||||||
3 | 95-625), (ii) reckless homicide as
defined in subsection | ||||||
4 | (e) of Section 9-3 of the Criminal Code of 1961 when
the | ||||||
5 | offense is committed on or after January 1, 1999,
or | ||||||
6 | aggravated driving under the influence of alcohol, other | ||||||
7 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
8 | any combination thereof as defined in
subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
10 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
11 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
12 | after
July 15, 1999 (the effective date of Public Act | ||||||
13 | 91-121),
or (iv) aggravated arson when the offense is | ||||||
14 | committed
on or after July 27, 2001 (the effective date of | ||||||
15 | Public Act 92-176).
| ||||||
16 | The Director shall not award good conduct credit for | ||||||
17 | meritorious service under this paragraph (3) to an inmate | ||||||
18 | unless the inmate has served a minimum of 60 days of the | ||||||
19 | sentence; except nothing in this paragraph shall be | ||||||
20 | construed to permit the Director to extend an inmate's | ||||||
21 | sentence beyond that which was imposed by the court. Prior | ||||||
22 | to awarding credit under this paragraph (3), the Director | ||||||
23 | shall make a written determination that the inmate: | ||||||
24 | (A) is eligible for good conduct credit for | ||||||
25 | meritorious service; | ||||||
26 | (B) has served a minimum of 60 days, or as close to |
| |||||||
| |||||||
1 | 60 days as the sentence will allow; and | ||||||
2 | (C) has met the eligibility criteria established | ||||||
3 | by rule. | ||||||
4 | The Director shall determine the form and content of | ||||||
5 | the written determination required in this subsection.
| ||||||
6 | (4) The rules and regulations shall also provide that | ||||||
7 | the good conduct
credit accumulated and retained under | ||||||
8 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
9 | inmate during specific periods of time in which such
inmate | ||||||
10 | is engaged full-time in substance abuse programs, | ||||||
11 | correctional
industry assignments, or educational programs | ||||||
12 | provided by the Department
under this paragraph (4) and | ||||||
13 | satisfactorily completes the assigned program as
| ||||||
14 | determined by the standards of the Department, shall be | ||||||
15 | multiplied by a factor
of 1.25 for program participation | ||||||
16 | before August 11, 1993
and 1.50 for program participation | ||||||
17 | on or after that date.
However, no inmate shall be eligible | ||||||
18 | for the additional good conduct credit
under this paragraph | ||||||
19 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
20 | boot camp
or electronic detention, or if convicted of an | ||||||
21 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
22 | (iii) of this Section that is committed on or after June | ||||||
23 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
24 | committed on or after June 23, 2005 (the effective date of | ||||||
25 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
26 | that is committed on or after August 13, 2007 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-134)
or subdivision | ||||||
2 | (a)(2)(vi) when the offense is committed on or after June | ||||||
3 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
4 | convicted of reckless homicide as defined in subsection (e) | ||||||
5 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
6 | is committed on or
after January 1, 1999,
or aggravated | ||||||
7 | driving under the influence of alcohol, other drug or | ||||||
8 | drugs, or
intoxicating compound or compounds, or any | ||||||
9 | combination thereof as defined in
subparagraph (F) of | ||||||
10 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
11 | Illinois Vehicle Code, or if convicted of an offense | ||||||
12 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
13 | committed on or after
July 15, 1999 (the effective date of | ||||||
14 | Public Act 91-121),
or first degree murder, a Class X | ||||||
15 | felony, criminal sexual
assault, felony criminal sexual | ||||||
16 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
17 | battery with a firearm as described in Section 12-4.2 or | ||||||
18 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
19 | 12-3.05 , or any predecessor or successor offenses
with the | ||||||
20 | same or substantially the same elements, or any inchoate | ||||||
21 | offenses
relating to the foregoing offenses. No inmate | ||||||
22 | shall be eligible for the
additional good conduct credit | ||||||
23 | under this paragraph (4) who (i) has previously
received | ||||||
24 | increased good conduct credit under this paragraph (4) and | ||||||
25 | has
subsequently been convicted of a
felony, or (ii) has | ||||||
26 | previously served more than one prior sentence of
|
| |||||||
| |||||||
1 | imprisonment for a felony in an adult correctional | ||||||
2 | facility.
| ||||||
3 | Educational, vocational, substance abuse and | ||||||
4 | correctional
industry programs under which good conduct | ||||||
5 | credit may be increased under
this paragraph (4) and | ||||||
6 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
7 | by the Department on the basis of
documented standards. The | ||||||
8 | Department shall report the results of these
evaluations to | ||||||
9 | the Governor and the General Assembly by September 30th of | ||||||
10 | each
year. The reports shall include data relating to the | ||||||
11 | recidivism rate among
program participants.
| ||||||
12 | Availability of these programs shall be subject to the
| ||||||
13 | limits of fiscal resources appropriated by the General | ||||||
14 | Assembly for these
purposes. Eligible inmates who are | ||||||
15 | denied immediate admission shall be
placed on a waiting | ||||||
16 | list under criteria established by the Department.
The | ||||||
17 | inability of any inmate to become engaged in any such | ||||||
18 | programs
by reason of insufficient program resources or for | ||||||
19 | any other reason
established under the rules and | ||||||
20 | regulations of the Department shall not be
deemed a cause | ||||||
21 | of action under which the Department or any employee or
| ||||||
22 | agent of the Department shall be liable for damages to the | ||||||
23 | inmate.
| ||||||
24 | (4.1) The rules and regulations shall also provide that | ||||||
25 | an additional 60 days of good conduct credit shall be | ||||||
26 | awarded to any prisoner who passes the high school level |
| |||||||
| |||||||
1 | Test of General Educational Development (GED) while the | ||||||
2 | prisoner is incarcerated. The good conduct credit awarded | ||||||
3 | under this paragraph (4.1) shall be in addition to, and | ||||||
4 | shall not affect, the award of good conduct under any other | ||||||
5 | paragraph of this Section, but shall also be pursuant to | ||||||
6 | the guidelines and restrictions set forth in paragraph (4) | ||||||
7 | of subsection (a) of this Section.
The good conduct credit | ||||||
8 | provided for in this paragraph shall be available only to | ||||||
9 | those prisoners who have not previously earned a high | ||||||
10 | school diploma or a GED. If, after an award of the GED good | ||||||
11 | conduct credit has been made and the Department determines | ||||||
12 | that the prisoner was not eligible, then the award shall be | ||||||
13 | revoked.
| ||||||
14 | (4.5) The rules and regulations on early release shall | ||||||
15 | also provide that
when the court's sentencing order | ||||||
16 | recommends a prisoner for substance abuse treatment and the
| ||||||
17 | crime was committed on or after September 1, 2003 (the | ||||||
18 | effective date of
Public Act 93-354), the prisoner shall | ||||||
19 | receive no good conduct credit awarded under clause (3) of | ||||||
20 | this subsection (a) unless he or she participates in and
| ||||||
21 | completes a substance abuse treatment program. The | ||||||
22 | Director may waive the requirement to participate in or | ||||||
23 | complete a substance abuse treatment program and award the | ||||||
24 | good conduct credit in specific instances if the prisoner | ||||||
25 | is not a good candidate for a substance abuse treatment | ||||||
26 | program for medical, programming, or operational reasons. |
| |||||||
| |||||||
1 | Availability of
substance abuse treatment shall be subject | ||||||
2 | to the limits of fiscal resources
appropriated by the | ||||||
3 | General Assembly for these purposes. If treatment is not
| ||||||
4 | available and the requirement to participate and complete | ||||||
5 | the treatment has not been waived by the Director, the | ||||||
6 | prisoner shall be placed on a waiting list under criteria
| ||||||
7 | established by the Department. The Director may allow a | ||||||
8 | prisoner placed on
a waiting list to participate in and | ||||||
9 | complete a substance abuse education class or attend | ||||||
10 | substance
abuse self-help meetings in lieu of a substance | ||||||
11 | abuse treatment program. A prisoner on a waiting list who | ||||||
12 | is not placed in a substance abuse program prior to release | ||||||
13 | may be eligible for a waiver and receive good conduct | ||||||
14 | credit under clause (3) of this subsection (a) at the | ||||||
15 | discretion of the Director.
| ||||||
16 | (4.6) The rules and regulations on early release shall | ||||||
17 | also provide that a prisoner who has been convicted of a | ||||||
18 | sex offense as defined in Section 2 of the Sex Offender | ||||||
19 | Registration Act shall receive no good conduct credit | ||||||
20 | unless he or she either has successfully completed or is | ||||||
21 | participating in sex offender treatment as defined by the | ||||||
22 | Sex Offender Management Board. However, prisoners who are | ||||||
23 | waiting to receive such treatment, but who are unable to do | ||||||
24 | so due solely to the lack of resources on the part of the | ||||||
25 | Department, may, at the Director's sole discretion, be | ||||||
26 | awarded good conduct credit at such rate as the Director |
| |||||||
| |||||||
1 | shall determine.
| ||||||
2 | (5) Whenever the Department is to release any inmate | ||||||
3 | earlier than it
otherwise would because of a grant of good | ||||||
4 | conduct credit for meritorious
service given at any time | ||||||
5 | during the term, the Department shall give
reasonable | ||||||
6 | notice of the impending release not less than 14 days prior | ||||||
7 | to the date of the release to the State's
Attorney of the | ||||||
8 | county where the prosecution of the inmate took place, and | ||||||
9 | if applicable, the State's Attorney of the county into | ||||||
10 | which the inmate will be released.
| ||||||
11 | (b) Whenever a person is or has been committed under
| ||||||
12 | several convictions, with separate sentences, the sentences
| ||||||
13 | shall be construed under Section 5-8-4 in granting and
| ||||||
14 | forfeiting of good time.
| ||||||
15 | (c) The Department shall prescribe rules and regulations
| ||||||
16 | for revoking good conduct credit, or suspending or reducing
the | ||||||
17 | rate of accumulation of good conduct credit for specific
rule | ||||||
18 | violations, during imprisonment. These rules and regulations
| ||||||
19 | shall provide that no inmate may be penalized more than one
| ||||||
20 | year of good conduct credit for any one infraction.
| ||||||
21 | When the Department seeks to revoke, suspend or reduce
the | ||||||
22 | rate of accumulation of any good conduct credits for
an alleged | ||||||
23 | infraction of its rules, it shall bring charges
therefor | ||||||
24 | against the prisoner sought to be so deprived of
good conduct | ||||||
25 | credits before the Prisoner Review Board as
provided in | ||||||
26 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
| |||||||
| |||||||
1 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
2 | month period, the cumulative amount of
credit revoked exceeds | ||||||
3 | 30 days except where the infraction is committed
or discovered | ||||||
4 | within 60 days of scheduled release. In those cases,
the | ||||||
5 | Department of Corrections may revoke up to 30 days of good | ||||||
6 | conduct credit.
The Board may subsequently approve the | ||||||
7 | revocation of additional good
conduct credit, if the Department | ||||||
8 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
9 | However, the Board shall not be empowered to review the
| ||||||
10 | Department's decision with respect to the loss of 30 days of | ||||||
11 | good conduct
credit within any calendar year for any prisoner | ||||||
12 | or to increase any penalty
beyond the length requested by the | ||||||
13 | Department.
| ||||||
14 | The Director of the Department of Corrections, in | ||||||
15 | appropriate cases, may
restore up to 30 days good conduct | ||||||
16 | credits which have been revoked, suspended
or reduced. Any | ||||||
17 | restoration of good conduct credits in excess of 30 days shall
| ||||||
18 | be subject to review by the Prisoner Review Board. However, the | ||||||
19 | Board may not
restore good conduct credit in excess of the | ||||||
20 | amount requested by the Director.
| ||||||
21 | Nothing contained in this Section shall prohibit the | ||||||
22 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
23 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
24 | sentence imposed by the court that was not served due to the
| ||||||
25 | accumulation of good conduct credit.
| ||||||
26 | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| |||||||
| |||||||
1 | federal court
against the State, the Department of Corrections, | ||||||
2 | or the Prisoner Review Board,
or against any of
their officers | ||||||
3 | or employees, and the court makes a specific finding that a
| ||||||
4 | pleading, motion, or other paper filed by the prisoner is | ||||||
5 | frivolous, the
Department of Corrections shall conduct a | ||||||
6 | hearing to revoke up to
180 days of good conduct credit by | ||||||
7 | bringing charges against the prisoner
sought to be deprived of | ||||||
8 | the good conduct credits before the Prisoner Review
Board as | ||||||
9 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
10 | If the prisoner has not accumulated 180 days of good conduct | ||||||
11 | credit at the
time of the finding, then the Prisoner Review | ||||||
12 | Board may revoke all
good conduct credit accumulated by the | ||||||
13 | prisoner.
| ||||||
14 | For purposes of this subsection (d):
| ||||||
15 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
16 | filing which
purports to be a legal document filed by a | ||||||
17 | prisoner in his or her lawsuit meets
any or all of the | ||||||
18 | following criteria:
| ||||||
19 | (A) it lacks an arguable basis either in law or in | ||||||
20 | fact;
| ||||||
21 | (B) it is being presented for any improper purpose, | ||||||
22 | such as to harass or
to cause unnecessary delay or | ||||||
23 | needless increase in the cost of litigation;
| ||||||
24 | (C) the claims, defenses, and other legal | ||||||
25 | contentions therein are not
warranted by existing law | ||||||
26 | or by a nonfrivolous argument for the extension,
|
| |||||||
| |||||||
1 | modification, or reversal of existing law or the | ||||||
2 | establishment of new law;
| ||||||
3 | (D) the allegations and other factual contentions | ||||||
4 | do not have
evidentiary
support or, if specifically so | ||||||
5 | identified, are not likely to have evidentiary
support | ||||||
6 | after a reasonable opportunity for further | ||||||
7 | investigation or discovery;
or
| ||||||
8 | (E) the denials of factual contentions are not | ||||||
9 | warranted on the
evidence, or if specifically so | ||||||
10 | identified, are not reasonably based on a lack
of | ||||||
11 | information or belief.
| ||||||
12 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
13 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
14 | action under
Article X of the Code of Civil Procedure or | ||||||
15 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
16 | under the Court of Claims Act, an action under the
federal | ||||||
17 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
18 | subsequent petition for post-conviction relief under | ||||||
19 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
20 | whether filed with or without leave of court or a second or | ||||||
21 | subsequent petition for relief from judgment under Section | ||||||
22 | 2-1401 of the Code of Civil Procedure.
| ||||||
23 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
24 | validity of Public Act 89-404.
| ||||||
25 | (f) Whenever the Department is to release any inmate who | ||||||
26 | has been convicted of a violation of an order of protection |
| |||||||
| |||||||
1 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961, | ||||||
2 | earlier than it
otherwise would because of a grant of good | ||||||
3 | conduct credit, the Department, as a condition of such early | ||||||
4 | release, shall require that the person, upon release, be placed | ||||||
5 | under electronic surveillance as provided in Section 5-8A-7 of | ||||||
6 | this Code. | ||||||
7 | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | ||||||
8 | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
9 | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
| ||||||
10 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
11 | Sec. 5-3-2. Presentence Report.
| ||||||
12 | (a) In felony cases, the presentence
report shall set | ||||||
13 | forth:
| ||||||
14 | (1) the defendant's history of delinquency or | ||||||
15 | criminality,
physical and mental history and condition, | ||||||
16 | family situation and
background, economic status, | ||||||
17 | education, occupation and personal habits;
| ||||||
18 | (2) information about special resources within the | ||||||
19 | community
which might be available to assist the | ||||||
20 | defendant's rehabilitation,
including treatment centers, | ||||||
21 | residential facilities, vocational
training services, | ||||||
22 | correctional manpower programs, employment
opportunities, | ||||||
23 | special educational programs, alcohol and drug
abuse | ||||||
24 | programming, psychiatric and marriage counseling, and | ||||||
25 | other
programs and facilities which could aid the |
| |||||||
| |||||||
1 | defendant's successful
reintegration into society;
| ||||||
2 | (3) the effect the offense committed has had upon the | ||||||
3 | victim or
victims thereof, and any compensatory benefit | ||||||
4 | that various
sentencing alternatives would confer on such | ||||||
5 | victim or victims;
| ||||||
6 | (4) information concerning the defendant's status | ||||||
7 | since arrest,
including his record if released on his own | ||||||
8 | recognizance, or the
defendant's achievement record if | ||||||
9 | released on a conditional
pre-trial supervision program;
| ||||||
10 | (5) when appropriate, a plan, based upon the personal, | ||||||
11 | economic
and social adjustment needs of the defendant, | ||||||
12 | utilizing public and
private community resources as an | ||||||
13 | alternative to institutional
sentencing;
| ||||||
14 | (6) any other matters that the investigatory officer | ||||||
15 | deems
relevant or the court directs to be included; and
| ||||||
16 | (7) information concerning defendant's eligibility for | ||||||
17 | a sentence to a
county impact incarceration program under | ||||||
18 | Section 5-8-1.2 of this Code.
| ||||||
19 | (b) The investigation shall include a physical and mental
| ||||||
20 | examination of the defendant when so ordered by the court. If
| ||||||
21 | the court determines that such an examination should be made, | ||||||
22 | it
shall issue an order that the defendant submit to | ||||||
23 | examination at
such time and place as designated by the court | ||||||
24 | and that such
examination be conducted by a physician, | ||||||
25 | psychologist or
psychiatrist designated by the court. Such an | ||||||
26 | examination may
be conducted in a court clinic if so ordered by |
| |||||||
| |||||||
1 | the court. The
cost of such examination shall be paid by the | ||||||
2 | county in which
the trial is held.
| ||||||
3 | (b-5) In cases involving felony sex offenses in which the | ||||||
4 | offender is being considered for probation only or any felony | ||||||
5 | offense that is
sexually motivated as defined in the Sex | ||||||
6 | Offender Management Board Act in which the offender is being | ||||||
7 | considered for probation only, the
investigation shall include | ||||||
8 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
9 | and conducted in conformance with the standards developed under
| ||||||
10 | the Sex Offender Management Board Act. In cases in which the | ||||||
11 | offender is being considered for any mandatory prison sentence, | ||||||
12 | the investigation shall not include a sex offender evaluation.
| ||||||
13 | (c) In misdemeanor, business offense or petty offense | ||||||
14 | cases, except as
specified in subsection (d) of this Section, | ||||||
15 | when a presentence report has
been ordered by the court, such | ||||||
16 | presentence report shall contain
information on the | ||||||
17 | defendant's history of delinquency or criminality and
shall | ||||||
18 | further contain only those matters listed in any of paragraphs | ||||||
19 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
20 | Section as are
specified by the court in its order for the | ||||||
21 | report.
| ||||||
22 | (d) In cases under Section 12-15 and Section 12-3.4 or | ||||||
23 | 12-30 of the Criminal
Code of 1961, as amended, the presentence | ||||||
24 | report shall set forth
information about alcohol, drug abuse, | ||||||
25 | psychiatric, and marriage counseling
or other treatment | ||||||
26 | programs and facilities, information on the defendant's
|
| |||||||
| |||||||
1 | history of delinquency or criminality, and shall contain those | ||||||
2 | additional
matters listed in any of paragraphs (1) through (6) | ||||||
3 | of subsection (a) or in
subsection (b) of this Section as are | ||||||
4 | specified by the court.
| ||||||
5 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
6 | held without bail or to have his bail revoked for the purpose
| ||||||
7 | of preparing the presentence report or making an examination.
| ||||||
8 | (Source: P.A. 96-322, eff. 1-1-10.)
| ||||||
9 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
10 | Sec. 5-5-3. Disposition.
| ||||||
11 | (a) (Blank).
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) (1) (Blank).
| ||||||
14 | (2) A period of probation, a term of periodic | ||||||
15 | imprisonment or
conditional discharge shall not be imposed | ||||||
16 | for the following offenses.
The court shall sentence the | ||||||
17 | offender to not less than the minimum term
of imprisonment | ||||||
18 | set forth in this Code for the following offenses, and
may | ||||||
19 | order a fine or restitution or both in conjunction with | ||||||
20 | such term of
imprisonment:
| ||||||
21 | (A) First degree murder where the death penalty is | ||||||
22 | not imposed.
| ||||||
23 | (B) Attempted first degree murder.
| ||||||
24 | (C) A Class X felony.
| ||||||
25 | (D) A violation of Section 401.1 or 407 of the
|
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, or a violation of | ||||||
2 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
3 | of that Act which relates to more than 5 grams of a | ||||||
4 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
5 | analog thereof.
| ||||||
6 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
7 | Control
Act.
| ||||||
8 | (F) A Class 2 or greater felony if the offender had | ||||||
9 | been convicted
of a Class 2 or greater felony, | ||||||
10 | including any state or federal conviction for an | ||||||
11 | offense that contained, at the time it was committed, | ||||||
12 | the same elements as an offense now (the date of the | ||||||
13 | offense committed after the prior Class 2 or greater | ||||||
14 | felony) classified as a Class 2 or greater felony, | ||||||
15 | within 10 years of the date on which the
offender
| ||||||
16 | committed the offense for which he or she is being | ||||||
17 | sentenced, except as
otherwise provided in Section | ||||||
18 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
19 | Dependency Act.
| ||||||
20 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
21 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
22 | imprisonment is prescribed in those Sections.
| ||||||
23 | (G) Residential burglary, except as otherwise | ||||||
24 | provided in Section 40-10
of the Alcoholism and Other | ||||||
25 | Drug Abuse and Dependency Act.
| ||||||
26 | (H) Criminal sexual assault.
|
| |||||||
| |||||||
1 | (I) Aggravated battery of a senior citizen as | ||||||
2 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
3 | Section 12-3.05 .
| ||||||
4 | (J) A forcible felony if the offense was related to | ||||||
5 | the activities of an
organized gang.
| ||||||
6 | Before July 1, 1994, for the purposes of this | ||||||
7 | paragraph, "organized
gang" means an association of 5 | ||||||
8 | or more persons, with an established hierarchy,
that | ||||||
9 | encourages members of the association to perpetrate | ||||||
10 | crimes or provides
support to the members of the | ||||||
11 | association who do commit crimes.
| ||||||
12 | Beginning July 1, 1994, for the purposes of this | ||||||
13 | paragraph,
"organized gang" has the meaning ascribed | ||||||
14 | to it in Section 10 of the Illinois
Streetgang | ||||||
15 | Terrorism Omnibus Prevention Act.
| ||||||
16 | (K) Vehicular hijacking.
| ||||||
17 | (L) A second or subsequent conviction for the | ||||||
18 | offense of hate crime
when the underlying offense upon | ||||||
19 | which the hate crime is based is felony
aggravated
| ||||||
20 | assault or felony mob action.
| ||||||
21 | (M) A second or subsequent conviction for the | ||||||
22 | offense of institutional
vandalism if the damage to the | ||||||
23 | property exceeds $300.
| ||||||
24 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
25 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
26 | Identification Card Act.
|
| |||||||
| |||||||
1 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
2 | Criminal Code of 1961.
| ||||||
3 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
4 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
5 | Criminal Code of 1961.
| ||||||
6 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
7 | Criminal Code of
1961.
| ||||||
8 | (R) A violation of Section 24-3A of the Criminal | ||||||
9 | Code of
1961.
| ||||||
10 | (S) (Blank).
| ||||||
11 | (T) A second or subsequent violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act.
| ||||||
13 | (U) A second or subsequent violation of Section | ||||||
14 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
15 | or her driver's license, permit, or privilege was | ||||||
16 | revoked because of a violation of Section 9-3 of the | ||||||
17 | Criminal Code of 1961, relating to the offense of | ||||||
18 | reckless homicide, or a similar provision of a law of | ||||||
19 | another state.
| ||||||
20 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
21 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
22 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
23 | Code of 1961.
| ||||||
24 | (X) A violation of subsection (a) of Section 31-1a | ||||||
25 | of the Criminal Code of 1961. | ||||||
26 | (Y) A conviction for unlawful possession of a |
| |||||||
| |||||||
1 | firearm by a street gang member when the firearm was | ||||||
2 | loaded or contained firearm ammunition.
| ||||||
3 | (3) (Blank).
| ||||||
4 | (4) A minimum term of imprisonment of not less than 10
| ||||||
5 | consecutive days or 30 days of community service shall be | ||||||
6 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
7 | of the Illinois Vehicle Code.
| ||||||
8 | (4.1) (Blank).
| ||||||
9 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
10 | of this subsection (c), a
minimum of
100 hours of community | ||||||
11 | service shall be imposed for a second violation of
Section | ||||||
12 | 6-303
of the Illinois Vehicle Code.
| ||||||
13 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
14 | hours of community
service, as determined by the court, | ||||||
15 | shall
be imposed for a second violation of subsection (c) | ||||||
16 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
17 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
18 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
19 | imprisonment of 30 days or 300 hours of community service, | ||||||
20 | as
determined by the court, shall
be imposed
for a third or | ||||||
21 | subsequent violation of Section 6-303 of the Illinois | ||||||
22 | Vehicle
Code.
| ||||||
23 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
24 | be imposed for a third violation of subsection (c) of
| ||||||
25 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
26 | (4.6) Except as provided in paragraph (4.10) of this |
| |||||||
| |||||||
1 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
2 | shall be imposed for a
fourth or subsequent violation of | ||||||
3 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
4 | Code.
| ||||||
5 | (4.7) A minimum term of imprisonment of not less than | ||||||
6 | 30 consecutive days, or 300 hours of community service, | ||||||
7 | shall be imposed for a violation of subsection (a-5) of | ||||||
8 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
9 | subsection (b-5) of that Section.
| ||||||
10 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
11 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
12 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
13 | of that Section. The person's driving privileges shall be | ||||||
14 | revoked for a period of not less than 5 years from the date | ||||||
15 | of his or her release from prison.
| ||||||
16 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
17 | and not more than 15 years shall be imposed for a third | ||||||
18 | violation of subsection (a-5) of Section 6-303 of the | ||||||
19 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
20 | that Section. The person's driving privileges shall be | ||||||
21 | revoked for the remainder of his or her life.
| ||||||
22 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
23 | shall be imposed, and the person shall be eligible for an | ||||||
24 | extended term sentence, for a fourth or subsequent | ||||||
25 | violation of subsection (a-5) of Section 6-303 of the | ||||||
26 | Illinois Vehicle Code, as provided in subsection (d-3.5) of |
| |||||||
| |||||||
1 | that Section. The person's driving privileges shall be | ||||||
2 | revoked for the remainder of his or her life.
| ||||||
3 | (5) The court may sentence a corporation or | ||||||
4 | unincorporated
association convicted of any offense to:
| ||||||
5 | (A) a period of conditional discharge;
| ||||||
6 | (B) a fine;
| ||||||
7 | (C) make restitution to the victim under Section | ||||||
8 | 5-5-6 of this Code.
| ||||||
9 | (5.1) In addition to any other penalties imposed, and | ||||||
10 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
11 | convicted of violating subsection (c) of Section 11-907 of | ||||||
12 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
13 | license, permit, or privileges
suspended for at least 90 | ||||||
14 | days but not more than one year, if the violation
resulted | ||||||
15 | in damage to the property of another person.
| ||||||
16 | (5.2) In addition to any other penalties imposed, and | ||||||
17 | except as provided in paragraph (5.3), 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 at
least 180 | ||||||
21 | days but not more than 2 years, if the violation resulted | ||||||
22 | in injury
to
another person.
| ||||||
23 | (5.3) In addition to any other penalties imposed, a | ||||||
24 | person convicted of violating subsection (c) of Section
| ||||||
25 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
26 | driver's license,
permit, or privileges suspended for 2 |
| |||||||
| |||||||
1 | years, if the violation resulted in the
death of another | ||||||
2 | person.
| ||||||
3 | (5.4) In addition to any other penalties imposed, a | ||||||
4 | person convicted of violating Section 3-707 of the Illinois | ||||||
5 | Vehicle Code shall have his or her driver's license, | ||||||
6 | permit, or privileges suspended for 3 months and until he | ||||||
7 | or she has paid a reinstatement fee of $100. | ||||||
8 | (5.5) In addition to any other penalties imposed, a | ||||||
9 | person convicted of violating Section 3-707 of the Illinois | ||||||
10 | Vehicle Code during a period in which his or her driver's | ||||||
11 | license, permit, or privileges were suspended for a | ||||||
12 | previous violation of that Section shall have his or her | ||||||
13 | driver's license, permit, or privileges suspended for an | ||||||
14 | additional 6 months after the expiration of the original | ||||||
15 | 3-month suspension and until he or she has paid a | ||||||
16 | reinstatement fee of $100.
| ||||||
17 | (6) (Blank).
| ||||||
18 | (7) (Blank).
| ||||||
19 | (8) (Blank).
| ||||||
20 | (9) A defendant convicted of a second or subsequent | ||||||
21 | offense of ritualized
abuse of a child may be sentenced to | ||||||
22 | a term of natural life imprisonment.
| ||||||
23 | (10) (Blank).
| ||||||
24 | (11) The court shall impose a minimum fine of $1,000 | ||||||
25 | for a first offense
and $2,000 for a second or subsequent | ||||||
26 | offense upon a person convicted of or
placed on supervision |
| |||||||
| |||||||
1 | for battery when the individual harmed was a sports
| ||||||
2 | official or coach at any level of competition and the act | ||||||
3 | causing harm to the
sports
official or coach occurred | ||||||
4 | within an athletic facility or within the immediate | ||||||
5 | vicinity
of the athletic facility at which the sports | ||||||
6 | official or coach was an active
participant
of the athletic | ||||||
7 | contest held at the athletic facility. For the purposes of
| ||||||
8 | this paragraph (11), "sports official" means a person at an | ||||||
9 | athletic contest
who enforces the rules of the contest, | ||||||
10 | such as an umpire or referee; "athletic facility" means an | ||||||
11 | indoor or outdoor playing field or recreational area where | ||||||
12 | sports activities are conducted;
and "coach" means a person | ||||||
13 | recognized as a coach by the sanctioning
authority that | ||||||
14 | conducted the sporting event. | ||||||
15 | (12) A person may not receive a disposition of court | ||||||
16 | supervision for a
violation of Section 5-16 of the Boat | ||||||
17 | Registration and Safety Act if that
person has previously | ||||||
18 | received a disposition of court supervision for a
violation | ||||||
19 | of that Section.
| ||||||
20 | (13) A person convicted of or placed on court | ||||||
21 | supervision for an assault or aggravated assault when the | ||||||
22 | victim and the offender are family or household members as | ||||||
23 | defined in Section 103 of the Illinois Domestic Violence | ||||||
24 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
25 | domestic battery may be required to attend a Partner Abuse | ||||||
26 | Intervention Program under protocols set forth by the |
| |||||||
| |||||||
1 | Illinois Department of Human Services under such terms and | ||||||
2 | conditions imposed by the court. The costs of such classes | ||||||
3 | shall be paid by the offender.
| ||||||
4 | (d) In any case in which a sentence originally imposed is | ||||||
5 | vacated,
the case shall be remanded to the trial court. The | ||||||
6 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
7 | Unified Code of Corrections
which may include evidence of the | ||||||
8 | defendant's life, moral character and
occupation during the | ||||||
9 | time since the original sentence was passed. The
trial court | ||||||
10 | shall then impose sentence upon the defendant. The trial
court | ||||||
11 | may impose any sentence which could have been imposed at the
| ||||||
12 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
13 | Corrections.
If a sentence is vacated on appeal or on | ||||||
14 | collateral attack due to the
failure of the trier of fact at | ||||||
15 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
16 | fact (other than a prior conviction) necessary to increase the
| ||||||
17 | punishment for the offense beyond the statutory maximum | ||||||
18 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
19 | to a term within the range otherwise
provided or, if the State | ||||||
20 | files notice of its intention to again seek the
extended | ||||||
21 | sentence, the defendant shall be afforded a new trial.
| ||||||
22 | (e) In cases where prosecution for
aggravated criminal | ||||||
23 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
24 | results in conviction of a defendant
who was a family member of | ||||||
25 | the victim at the time of the commission of the
offense, the | ||||||
26 | court shall consider the safety and welfare of the victim and
|
| |||||||
| |||||||
1 | may impose a sentence of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | 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 victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | 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 court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | 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 |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 12-12 of the Criminal Code of
1961.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Whenever a defendant is convicted of an offense under | ||||||
10 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
11 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
12 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
13 | medical testing to
determine whether the defendant has any | ||||||
14 | sexually transmissible disease,
including a test for infection | ||||||
15 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
16 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
17 | Any such medical test shall be performed only by appropriately
| ||||||
18 | licensed medical practitioners and may include an analysis of | ||||||
19 | any bodily
fluids as well as an examination of the defendant's | ||||||
20 | person.
Except as otherwise provided by law, the results of | ||||||
21 | such test shall be kept
strictly confidential by all medical | ||||||
22 | personnel involved in the testing and must
be personally | ||||||
23 | delivered in a sealed envelope to the judge of the court in | ||||||
24 | which
the conviction was entered for the judge's inspection in | ||||||
25 | camera. Acting in
accordance with the best interests of the | ||||||
26 | victim and the public, the judge
shall have the discretion to |
| |||||||
| |||||||
1 | determine to whom, if anyone, the results of the
testing may be | ||||||
2 | revealed. The court shall notify the defendant
of the test | ||||||
3 | results. The court shall
also notify the victim if requested by | ||||||
4 | the victim, and if the victim is under
the age of 15 and if | ||||||
5 | requested by the victim's parents or legal guardian, the
court | ||||||
6 | shall notify the victim's parents or legal guardian of the test
| ||||||
7 | results.
The court shall provide information on the | ||||||
8 | availability of HIV testing
and counseling at Department of | ||||||
9 | Public Health facilities to all parties to
whom the results of | ||||||
10 | the testing are revealed and shall direct the State's
Attorney | ||||||
11 | to provide the information to the victim when possible.
A | ||||||
12 | State's Attorney may petition the court to obtain the results | ||||||
13 | of any HIV test
administered under this Section, and the court | ||||||
14 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
15 | relevant in order to prosecute a charge of
criminal | ||||||
16 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
17 | Criminal Code of 1961
against the defendant. The court shall | ||||||
18 | order that the cost of any such test
shall be paid by the | ||||||
19 | county and may be taxed as costs against the convicted
| ||||||
20 | defendant.
| ||||||
21 | (g-5) When an inmate is tested for an airborne communicable | ||||||
22 | disease, as
determined by the Illinois Department of Public | ||||||
23 | Health including but not
limited to tuberculosis, the results | ||||||
24 | of the test shall be
personally delivered by the warden or his | ||||||
25 | or her designee in a sealed envelope
to the judge of the court | ||||||
26 | in which the inmate must appear for the judge's
inspection in |
| |||||||
| |||||||
1 | camera if requested by the judge. Acting in accordance with the
| ||||||
2 | best interests of those in the courtroom, the judge shall have | ||||||
3 | the discretion
to determine what if any precautions need to be | ||||||
4 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
5 | (h) Whenever a defendant is convicted of an offense under | ||||||
6 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
7 | defendant shall undergo
medical testing to determine whether | ||||||
8 | the defendant has been exposed to human
immunodeficiency virus | ||||||
9 | (HIV) or any other identified causative agent of
acquired | ||||||
10 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
11 | by
law, the results of such test shall be kept strictly | ||||||
12 | confidential by all
medical personnel involved in the testing | ||||||
13 | and must be personally delivered in a
sealed envelope to the | ||||||
14 | judge of the court in which the conviction was entered
for the | ||||||
15 | judge's inspection in camera. Acting in accordance with the | ||||||
16 | best
interests of the public, the judge shall have the | ||||||
17 | discretion to determine to
whom, if anyone, the results of the | ||||||
18 | testing may be revealed. The court shall
notify the defendant | ||||||
19 | of a positive test showing an infection with the human
| ||||||
20 | immunodeficiency virus (HIV). The court shall provide | ||||||
21 | information on the
availability of HIV testing and counseling | ||||||
22 | at Department of Public Health
facilities to all parties to | ||||||
23 | whom the results of the testing are revealed and
shall direct | ||||||
24 | the State's Attorney to provide the information to the victim | ||||||
25 | when
possible. A State's Attorney may petition the court to | ||||||
26 | obtain the results of
any HIV test administered under this |
| |||||||
| |||||||
1 | Section, and the court shall grant the
disclosure if the | ||||||
2 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
3 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
4 | 12-16.2 of the Criminal
Code of 1961 against the defendant. The | ||||||
5 | court shall order that the cost of any
such test shall be paid | ||||||
6 | by the county and may be taxed as costs against the
convicted | ||||||
7 | defendant.
| ||||||
8 | (i) All fines and penalties imposed under this Section for | ||||||
9 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
10 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
11 | any violation
of the Child Passenger Protection Act, or a | ||||||
12 | similar provision of a local
ordinance, shall be collected and | ||||||
13 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
14 | of the Clerks of Courts Act.
| ||||||
15 | (j) In cases when prosecution for any violation of Section | ||||||
16 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
17 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
18 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
19 | Code of 1961, any violation of the Illinois Controlled | ||||||
20 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
21 | any violation of the Methamphetamine Control and Community | ||||||
22 | Protection Act results in conviction, a
disposition of court | ||||||
23 | supervision, or an order of probation granted under
Section 10 | ||||||
24 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
25 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
26 | Control and Community Protection Act of a defendant, the court |
| |||||||
| |||||||
1 | shall determine whether the
defendant is employed by a facility | ||||||
2 | or center as defined under the Child Care
Act of 1969, a public | ||||||
3 | or private elementary or secondary school, or otherwise
works | ||||||
4 | with children under 18 years of age on a daily basis. When a | ||||||
5 | defendant
is so employed, the court shall order the Clerk of | ||||||
6 | the Court to send a copy of
the judgment of conviction or order | ||||||
7 | of supervision or probation to the
defendant's employer by | ||||||
8 | certified mail.
If the employer of the defendant is a school, | ||||||
9 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
10 | the judgment of conviction or order of
supervision or probation | ||||||
11 | to the appropriate regional superintendent of schools.
The | ||||||
12 | regional superintendent of schools shall notify the State Board | ||||||
13 | of
Education of any notification under this subsection.
| ||||||
14 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
15 | of a felony and
who has not been previously convicted of a | ||||||
16 | misdemeanor or felony and who is
sentenced to a term of | ||||||
17 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
18 | a condition of his or her sentence be required by the court to | ||||||
19 | attend
educational courses designed to prepare the defendant | ||||||
20 | for a high school diploma
and to work toward a high school | ||||||
21 | diploma or to work toward passing the high
school level Test of | ||||||
22 | General Educational Development (GED) or to work toward
| ||||||
23 | completing a vocational training program offered by the | ||||||
24 | Department of
Corrections. If a defendant fails to complete the | ||||||
25 | educational training
required by his or her sentence during the | ||||||
26 | term of incarceration, the Prisoner
Review Board shall, as a |
| |||||||
| |||||||
1 | condition of mandatory supervised release, require the
| ||||||
2 | defendant, at his or her own expense, to pursue a course of | ||||||
3 | study toward a high
school diploma or passage of the GED test. | ||||||
4 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
5 | release of a defendant who wilfully fails to
comply with this | ||||||
6 | subsection (j-5) upon his or her release from confinement in a
| ||||||
7 | penal institution while serving a mandatory supervised release | ||||||
8 | term; however,
the inability of the defendant after making a | ||||||
9 | good faith effort to obtain
financial aid or pay for the | ||||||
10 | educational training shall not be deemed a wilful
failure to | ||||||
11 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
12 | whose mandatory supervised release term has been revoked under | ||||||
13 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
14 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
15 | school diploma or has successfully passed the GED
test. This | ||||||
16 | subsection (j-5) does not apply to a defendant who is | ||||||
17 | determined by
the court to be developmentally disabled or | ||||||
18 | otherwise mentally incapable of
completing the educational or | ||||||
19 | vocational program.
| ||||||
20 | (k) (Blank).
| ||||||
21 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
22 | (l), whenever a defendant,
who is an alien as defined by | ||||||
23 | the Immigration and Nationality Act, is convicted
of any | ||||||
24 | felony or misdemeanor offense, the court after sentencing | ||||||
25 | the defendant
may, upon motion of the State's Attorney, | ||||||
26 | hold sentence in abeyance and remand
the defendant to the |
| |||||||
| |||||||
1 | custody of the Attorney General of
the United States or his | ||||||
2 | or her designated agent to be deported when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under | ||||||
5 | the Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct | ||||||
8 | and would not be inconsistent with the ends of
justice.
| ||||||
9 | Otherwise, the defendant shall be sentenced as | ||||||
10 | provided in this Chapter V.
| ||||||
11 | (B) If the defendant has already been sentenced for a | ||||||
12 | felony or
misdemeanor
offense, or has been placed on | ||||||
13 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
14 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
15 | Section 70 of the Methamphetamine Control and Community | ||||||
16 | Protection Act, the court
may, upon motion of the State's | ||||||
17 | Attorney to suspend the
sentence imposed, commit the | ||||||
18 | defendant to the custody of the Attorney General
of the | ||||||
19 | United States or his or her designated agent when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under | ||||||
22 | the Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct | ||||||
25 | and would not be inconsistent with the ends of
justice.
| ||||||
26 | (C) This subsection (l) does not apply to offenders who |
| |||||||
| |||||||
1 | are subject to the
provisions of paragraph (2) of | ||||||
2 | subsection (a) of Section 3-6-3.
| ||||||
3 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
4 | sentenced under
this Section returns to the jurisdiction of | ||||||
5 | the United States, the defendant
shall be recommitted to | ||||||
6 | the custody of the county from which he or she was
| ||||||
7 | sentenced.
Thereafter, the defendant shall be brought | ||||||
8 | before the sentencing court, which
may impose any sentence | ||||||
9 | that was available under Section 5-5-3 at the time of
| ||||||
10 | initial sentencing. In addition, the defendant shall not be | ||||||
11 | eligible for
additional good conduct credit for | ||||||
12 | meritorious service as provided under
Section 3-6-6.
| ||||||
13 | (m) A person convicted of criminal defacement of property | ||||||
14 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
15 | property damage exceeds $300
and the property damaged is a | ||||||
16 | school building, shall be ordered to perform
community service | ||||||
17 | that may include cleanup, removal, or painting over the
| ||||||
18 | defacement.
| ||||||
19 | (n) The court may sentence a person convicted of a | ||||||
20 | violation of Section
12-19, 12-21, or 16-1.3 , or subsection (a) | ||||||
21 | or (b) of Section 12-4.4a, of the Criminal Code of 1961 (i) to | ||||||
22 | an impact
incarceration program if the person is otherwise | ||||||
23 | eligible for that program
under Section 5-8-1.1, (ii) to | ||||||
24 | community service, or (iii) if the person is an
addict or | ||||||
25 | alcoholic, as defined in the Alcoholism and Other Drug Abuse | ||||||
26 | and
Dependency Act, to a substance or alcohol abuse program |
| |||||||
| |||||||
1 | licensed under that
Act. | ||||||
2 | (o) Whenever a person is convicted of a sex offense as | ||||||
3 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
4 | defendant's driver's license or permit shall be subject to | ||||||
5 | renewal on an annual basis in accordance with the provisions of | ||||||
6 | license renewal established by the Secretary of State.
| ||||||
7 | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||||||
8 | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||||||
9 | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||||||
10 | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | ||||||
11 | eff. 12-3-09.)
| ||||||
12 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
13 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
14 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
15 | (a) The following factors shall be accorded weight in favor | ||||||
16 | of
imposing a term of imprisonment or may be considered by the | ||||||
17 | court as reasons
to impose a more severe sentence under Section | ||||||
18 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
19 | (1) the defendant's conduct caused or threatened | ||||||
20 | serious harm;
| ||||||
21 | (2) the defendant received compensation for committing | ||||||
22 | the offense;
| ||||||
23 | (3) the defendant has a history of prior delinquency or | ||||||
24 | criminal activity;
| ||||||
25 | (4) the defendant, by the duties of his office or by |
| |||||||
| |||||||
1 | his position,
was obliged to prevent the particular offense | ||||||
2 | committed or to bring
the offenders committing it to | ||||||
3 | justice;
| ||||||
4 | (5) the defendant held public office at the time of the | ||||||
5 | offense,
and the offense related to the conduct of that | ||||||
6 | office;
| ||||||
7 | (6) the defendant utilized his professional reputation | ||||||
8 | or
position in the community to commit the offense, or to | ||||||
9 | afford
him an easier means of committing it;
| ||||||
10 | (7) the sentence is necessary to deter others from | ||||||
11 | committing
the same crime;
| ||||||
12 | (8) the defendant committed the offense against a | ||||||
13 | person 60 years of age
or older or such person's property;
| ||||||
14 | (9) the defendant committed the offense against a | ||||||
15 | person who is
physically handicapped or such person's | ||||||
16 | property;
| ||||||
17 | (10) by reason of another individual's actual or | ||||||
18 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
19 | sexual orientation, physical or mental
disability, or | ||||||
20 | national origin, the defendant committed the offense | ||||||
21 | against (i)
the person or property
of that individual; (ii) | ||||||
22 | the person or property of a person who has an
association | ||||||
23 | with, is married to, or has a friendship with the other | ||||||
24 | individual;
or (iii) the person or property of a relative | ||||||
25 | (by blood or marriage) of a
person described in clause (i) | ||||||
26 | or (ii). For the purposes of this Section,
"sexual |
| |||||||
| |||||||
1 | orientation" means heterosexuality, homosexuality, or | ||||||
2 | bisexuality;
| ||||||
3 | (11) the offense took place in a place of worship or on | ||||||
4 | the
grounds of a place of worship, immediately prior to, | ||||||
5 | during or immediately
following worship services. For | ||||||
6 | purposes of this subparagraph, "place of
worship" shall | ||||||
7 | mean any church, synagogue or other building, structure or
| ||||||
8 | place used primarily for religious worship;
| ||||||
9 | (12) the defendant was convicted of a felony committed | ||||||
10 | while he was
released on bail or his own recognizance | ||||||
11 | pending trial for a prior felony
and was convicted of such | ||||||
12 | prior felony, or the defendant was convicted of a
felony | ||||||
13 | committed while he was serving a period of probation,
| ||||||
14 | conditional discharge, or mandatory supervised release | ||||||
15 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
16 | (13) the defendant committed or attempted to commit a | ||||||
17 | felony while he
was wearing a bulletproof vest. For the | ||||||
18 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
19 | device which is designed for the purpose of
protecting the | ||||||
20 | wearer from bullets, shot or other lethal projectiles;
| ||||||
21 | (14) the defendant held a position of trust or | ||||||
22 | supervision such as, but
not limited to, family member as | ||||||
23 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
24 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
25 | relation to a victim under 18 years of age, and the | ||||||
26 | defendant committed an
offense in violation of Section |
| |||||||
| |||||||
1 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
2 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
3 | against
that victim;
| ||||||
4 | (15) the defendant committed an offense related to the | ||||||
5 | activities of an
organized gang. For the purposes of this | ||||||
6 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
7 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
8 | Act;
| ||||||
9 | (16) the defendant committed an offense in violation of | ||||||
10 | one of the
following Sections while in a school, regardless | ||||||
11 | of the time of day or time of
year; on any conveyance | ||||||
12 | owned, leased, or contracted by a school to transport
| ||||||
13 | students to or from school or a school related activity; on | ||||||
14 | the real property
of a school; or on a public way within | ||||||
15 | 1,000 feet of the real property
comprising any school: | ||||||
16 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
17 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
18 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
19 | 33A-2 of the Criminal Code of
1961;
| ||||||
20 | (16.5) the defendant committed an offense in violation | ||||||
21 | of one of the
following Sections while in a day care | ||||||
22 | center, regardless of the time of day or
time of year; on | ||||||
23 | the real property of a day care center, regardless of the | ||||||
24 | time
of day or time of year; or on a public
way within | ||||||
25 | 1,000 feet of the real property comprising any day care | ||||||
26 | center,
regardless of the time of day or time of year:
|
| |||||||
| |||||||
1 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
2 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
3 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
4 | 33A-2 of the Criminal
Code of 1961;
| ||||||
5 | (17) the defendant committed the offense by reason of | ||||||
6 | any person's
activity as a community policing volunteer or | ||||||
7 | to prevent any person from
engaging in activity as a | ||||||
8 | community policing volunteer. For the purpose of
this | ||||||
9 | Section, "community policing volunteer" has the meaning | ||||||
10 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
11 | 1961;
| ||||||
12 | (18) the defendant committed the offense in a nursing | ||||||
13 | home or on the
real
property comprising a nursing home. For | ||||||
14 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
15 | skilled nursing
or intermediate long term care facility | ||||||
16 | that is subject to license by the
Illinois Department of | ||||||
17 | Public Health under the Nursing Home Care
Act;
| ||||||
18 | (19) the defendant was a federally licensed firearm | ||||||
19 | dealer
and
was
previously convicted of a violation of | ||||||
20 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
21 | Identification Card Act and has now committed either a | ||||||
22 | felony
violation
of the Firearm Owners Identification Card | ||||||
23 | Act or an act of armed violence while
armed
with a firearm; | ||||||
24 | (20) the defendant (i) committed the offense of | ||||||
25 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
26 | 1961 or the offense of driving under the influence of |
| |||||||
| |||||||
1 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
2 | compounds or any combination thereof under Section 11-501 | ||||||
3 | of the Illinois Vehicle Code or a similar provision of a | ||||||
4 | local ordinance and (ii) was operating a motor vehicle in | ||||||
5 | excess of 20 miles per hour over the posted speed limit as | ||||||
6 | provided in Article VI of Chapter 11 of the Illinois | ||||||
7 | Vehicle Code;
| ||||||
8 | (21) the defendant (i) committed the offense of | ||||||
9 | reckless driving or aggravated reckless driving under | ||||||
10 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
11 | operating a motor vehicle in excess of 20 miles per hour | ||||||
12 | over the posted speed limit as provided in Article VI of | ||||||
13 | Chapter 11 of the Illinois Vehicle Code; | ||||||
14 | (22) the defendant committed the offense against a | ||||||
15 | person that the defendant knew, or reasonably should have | ||||||
16 | known, was a member of the Armed Forces of the United | ||||||
17 | States serving on active duty. For purposes of this clause | ||||||
18 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
19 | of the United States, including a member of any reserve | ||||||
20 | component thereof or National Guard unit called to active | ||||||
21 | duty;
| ||||||
22 | (23)
the defendant committed the offense against a | ||||||
23 | person who was elderly, disabled, or infirm by taking | ||||||
24 | advantage of a family or fiduciary relationship with the | ||||||
25 | elderly, disabled, or infirm person; or
| ||||||
26 | (24)
the defendant committed any offense under Section |
| |||||||
| |||||||
1 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
2 | more images;
or | ||||||
3 | (25) the defendant committed the offense while the | ||||||
4 | defendant or the victim was in a train, bus, or other | ||||||
5 | vehicle used for public transportation ; or . | ||||||
6 | (26) (25) the defendant committed the offense of child | ||||||
7 | pornography or aggravated child pornography, specifically | ||||||
8 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
9 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
10 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
11 | or posed in any act of sexual penetration or bound, | ||||||
12 | fettered, or subject to sadistic, masochistic, or | ||||||
13 | sadomasochistic abuse in a sexual context and specifically | ||||||
14 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
15 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
16 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
17 | or posed in any act of sexual penetration or bound, | ||||||
18 | fettered, or subject to sadistic, masochistic, or | ||||||
19 | sadomasochistic abuse in a sexual context. | ||||||
20 | For the purposes of this Section:
| ||||||
21 | "School" is defined as a public or private
elementary or | ||||||
22 | secondary school, community college, college, or university.
| ||||||
23 | "Day care center" means a public or private State certified | ||||||
24 | and
licensed day care center as defined in Section 2.09 of the | ||||||
25 | Child Care Act of
1969 that displays a sign in plain view | ||||||
26 | stating that the
property is a day care center.
|
| |||||||
| |||||||
1 | "Public transportation" means the transportation
or | ||||||
2 | conveyance of persons by means available to the general public, | ||||||
3 | and includes paratransit services. | ||||||
4 | (b) The following factors, related to all felonies, may be | ||||||
5 | considered by the court as
reasons to impose an extended term | ||||||
6 | sentence under Section 5-8-2
upon any offender:
| ||||||
7 | (1) When a defendant is convicted of any felony, after | ||||||
8 | having
been previously convicted in Illinois or any other | ||||||
9 | jurisdiction of the
same or similar class felony or greater | ||||||
10 | class felony, when such conviction
has occurred within 10 | ||||||
11 | years after the
previous conviction, excluding time spent | ||||||
12 | in custody, and such charges are
separately brought and | ||||||
13 | tried and arise out of different series of acts; or
| ||||||
14 | (2) When a defendant is convicted of any felony and the | ||||||
15 | court
finds that the offense was accompanied by | ||||||
16 | exceptionally brutal
or heinous behavior indicative of | ||||||
17 | wanton cruelty; or
| ||||||
18 | (3) When a defendant is convicted of any felony | ||||||
19 | committed against:
| ||||||
20 | (i) a person under 12 years of age at the time of | ||||||
21 | the offense or such
person's property;
| ||||||
22 | (ii) a person 60 years of age or older at the time | ||||||
23 | of the offense or
such person's property; or
| ||||||
24 | (iii) a person physically handicapped at the time | ||||||
25 | of the offense or
such person's property; or
| ||||||
26 | (4) When a defendant is convicted of any felony and the |
| |||||||
| |||||||
1 | offense
involved any of the following types of specific | ||||||
2 | misconduct committed as
part of a ceremony, rite, | ||||||
3 | initiation, observance, performance, practice or
activity | ||||||
4 | of any actual or ostensible religious, fraternal, or social | ||||||
5 | group:
| ||||||
6 | (i) the brutalizing or torturing of humans or | ||||||
7 | animals;
| ||||||
8 | (ii) the theft of human corpses;
| ||||||
9 | (iii) the kidnapping of humans;
| ||||||
10 | (iv) the desecration of any cemetery, religious, | ||||||
11 | fraternal, business,
governmental, educational, or | ||||||
12 | other building or property; or
| ||||||
13 | (v) ritualized abuse of a child; or
| ||||||
14 | (5) When a defendant is convicted of a felony other | ||||||
15 | than conspiracy and
the court finds that
the felony was | ||||||
16 | committed under an agreement with 2 or more other persons
| ||||||
17 | to commit that offense and the defendant, with respect to | ||||||
18 | the other
individuals, occupied a position of organizer, | ||||||
19 | supervisor, financier, or any
other position of management | ||||||
20 | or leadership, and the court further finds that
the felony | ||||||
21 | committed was related to or in furtherance of the criminal
| ||||||
22 | activities of an organized gang or was motivated by the | ||||||
23 | defendant's leadership
in an organized gang; or
| ||||||
24 | (6) When a defendant is convicted of an offense | ||||||
25 | committed while using a firearm with a
laser sight attached | ||||||
26 | to it. For purposes of this paragraph, "laser sight"
has |
| |||||||
| |||||||
1 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
2 | Criminal Code of
1961; or
| ||||||
3 | (7) When a defendant who was at least 17 years of age | ||||||
4 | at the
time of
the commission of the offense is convicted | ||||||
5 | of a felony and has been previously
adjudicated a | ||||||
6 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
7 | an act
that if committed by an adult would be a Class X or | ||||||
8 | Class 1 felony when the
conviction has occurred within 10 | ||||||
9 | years after the previous adjudication,
excluding time | ||||||
10 | spent in custody; or
| ||||||
11 | (8) When a defendant commits any felony and the | ||||||
12 | defendant used, possessed, exercised control over, or | ||||||
13 | otherwise directed an animal to assault a law enforcement | ||||||
14 | officer engaged in the execution of his or her official | ||||||
15 | duties or in furtherance of the criminal activities of an | ||||||
16 | organized gang in which the defendant is engaged.
| ||||||
17 | (c) The following factors may be considered by the court as | ||||||
18 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
19 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
20 | (1) When a defendant is convicted of first degree | ||||||
21 | murder, after having been previously convicted in Illinois | ||||||
22 | of any offense listed under paragraph (c)(2) of Section | ||||||
23 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
24 | within 10 years after the previous conviction, excluding | ||||||
25 | time spent in custody, and the charges are separately | ||||||
26 | brought and tried and arise out of different series of |
| |||||||
| |||||||
1 | acts. | ||||||
2 | (1.5) When a defendant is convicted of first degree | ||||||
3 | murder, after having been previously convicted of domestic | ||||||
4 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
5 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
6 | having been previously convicted of violation of an order | ||||||
7 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
8 | was the protected person. | ||||||
9 | (2) When a defendant is convicted of voluntary | ||||||
10 | manslaughter, second degree murder, involuntary | ||||||
11 | manslaughter, or reckless homicide in which the defendant | ||||||
12 | has been convicted of causing the death of more than one | ||||||
13 | individual. | ||||||
14 | (3) When a defendant is convicted of aggravated | ||||||
15 | criminal sexual assault or criminal sexual assault, when | ||||||
16 | there is a finding that aggravated criminal sexual assault | ||||||
17 | or criminal sexual assault was also committed on the same | ||||||
18 | victim by one or more other individuals, and the defendant | ||||||
19 | voluntarily participated in the crime with the knowledge of | ||||||
20 | the participation of the others in the crime, and the | ||||||
21 | commission of the crime was part of a single course of | ||||||
22 | conduct during which there was no substantial change in the | ||||||
23 | nature of the criminal objective. | ||||||
24 | (4) If the victim was under 18 years of age at the time | ||||||
25 | of the commission of the offense, when a defendant is | ||||||
26 | convicted of aggravated criminal sexual assault or |
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child under | ||||||
2 | subsection (a)(1) of Section 12-14.1 of the Criminal Code | ||||||
3 | of 1961 (720 ILCS 5/12-14.1). | ||||||
4 | (5) When a defendant is convicted of a felony violation | ||||||
5 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
6 | 5/24-1) and there is a finding that the defendant is a | ||||||
7 | member of an organized gang. | ||||||
8 | (6) When a defendant was convicted of unlawful use of | ||||||
9 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
10 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
11 | readily distinguishable as one of the weapons enumerated in | ||||||
12 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
13 | 5/24-1). | ||||||
14 | (7) When a defendant is convicted of an offense | ||||||
15 | involving the illegal manufacture of a controlled | ||||||
16 | substance under Section 401 of the Illinois Controlled | ||||||
17 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
18 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
19 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
20 | the illegal possession of explosives and an emergency | ||||||
21 | response officer in the performance of his or her duties is | ||||||
22 | killed or injured at the scene of the offense while | ||||||
23 | responding to the emergency caused by the commission of the | ||||||
24 | offense. In this paragraph, "emergency" means a situation | ||||||
25 | in which a person's life, health, or safety is in jeopardy; | ||||||
26 | and "emergency response officer" means a peace officer, |
| |||||||
| |||||||
1 | community policing volunteer, fireman, emergency medical | ||||||
2 | technician-ambulance, emergency medical | ||||||
3 | technician-intermediate, emergency medical | ||||||
4 | technician-paramedic, ambulance driver, other medical | ||||||
5 | assistance or first aid personnel, or hospital emergency | ||||||
6 | room personnel.
| ||||||
7 | (d) For the purposes of this Section, "organized gang" has | ||||||
8 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
9 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
10 | (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | ||||||
11 | eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | ||||||
12 | 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | ||||||
13 | 96-328, eff. 8-11-09; revised 9-25-09.)
| ||||||
14 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
15 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
16 | (a) The following factors shall be accorded weight in favor | ||||||
17 | of
imposing a term of imprisonment or may be considered by the | ||||||
18 | court as reasons
to impose a more severe sentence under Section | ||||||
19 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
20 | (1) the defendant's conduct caused or threatened | ||||||
21 | serious harm;
| ||||||
22 | (2) the defendant received compensation for committing | ||||||
23 | the offense;
| ||||||
24 | (3) the defendant has a history of prior delinquency or | ||||||
25 | criminal activity;
|
| |||||||
| |||||||
1 | (4) the defendant, by the duties of his office or by | ||||||
2 | his position,
was obliged to prevent the particular offense | ||||||
3 | committed or to bring
the offenders committing it to | ||||||
4 | justice;
| ||||||
5 | (5) the defendant held public office at the time of the | ||||||
6 | offense,
and the offense related to the conduct of that | ||||||
7 | office;
| ||||||
8 | (6) the defendant utilized his professional reputation | ||||||
9 | or
position in the community to commit the offense, or to | ||||||
10 | afford
him an easier means of committing it;
| ||||||
11 | (7) the sentence is necessary to deter others from | ||||||
12 | committing
the same crime;
| ||||||
13 | (8) the defendant committed the offense against a | ||||||
14 | person 60 years of age
or older or such person's property;
| ||||||
15 | (9) the defendant committed the offense against a | ||||||
16 | person who is
physically handicapped or such person's | ||||||
17 | property;
| ||||||
18 | (10) by reason of another individual's actual or | ||||||
19 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
20 | sexual orientation, physical or mental
disability, or | ||||||
21 | national origin, the defendant committed the offense | ||||||
22 | against (i)
the person or property
of that individual; (ii) | ||||||
23 | the person or property of a person who has an
association | ||||||
24 | with, is married to, or has a friendship with the other | ||||||
25 | individual;
or (iii) the person or property of a relative | ||||||
26 | (by blood or marriage) of a
person described in clause (i) |
| |||||||
| |||||||
1 | or (ii). For the purposes of this Section,
"sexual | ||||||
2 | orientation" means heterosexuality, homosexuality, or | ||||||
3 | bisexuality;
| ||||||
4 | (11) the offense took place in a place of worship or on | ||||||
5 | the
grounds of a place of worship, immediately prior to, | ||||||
6 | during or immediately
following worship services. For | ||||||
7 | purposes of this subparagraph, "place of
worship" shall | ||||||
8 | mean any church, synagogue or other building, structure or
| ||||||
9 | place used primarily for religious worship;
| ||||||
10 | (12) the defendant was convicted of a felony committed | ||||||
11 | while he was
released on bail or his own recognizance | ||||||
12 | pending trial for a prior felony
and was convicted of such | ||||||
13 | prior felony, or the defendant was convicted of a
felony | ||||||
14 | committed while he was serving a period of probation,
| ||||||
15 | conditional discharge, or mandatory supervised release | ||||||
16 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
17 | (13) the defendant committed or attempted to commit a | ||||||
18 | felony while he
was wearing a bulletproof vest. For the | ||||||
19 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
20 | device which is designed for the purpose of
protecting the | ||||||
21 | wearer from bullets, shot or other lethal projectiles;
| ||||||
22 | (14) the defendant held a position of trust or | ||||||
23 | supervision such as, but
not limited to, family member as | ||||||
24 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
25 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
26 | relation to a victim under 18 years of age, and the |
| |||||||
| |||||||
1 | defendant committed an
offense in violation of Section | ||||||
2 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
3 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
4 | against
that victim;
| ||||||
5 | (15) the defendant committed an offense related to the | ||||||
6 | activities of an
organized gang. For the purposes of this | ||||||
7 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
8 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
9 | Act;
| ||||||
10 | (16) the defendant committed an offense in violation of | ||||||
11 | one of the
following Sections while in a school, regardless | ||||||
12 | of the time of day or time of
year; on any conveyance | ||||||
13 | owned, leased, or contracted by a school to transport
| ||||||
14 | students to or from school or a school related activity; on | ||||||
15 | the real property
of a school; or on a public way within | ||||||
16 | 1,000 feet of the real property
comprising any school: | ||||||
17 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
18 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
19 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
20 | 18-2, or 33A-2 , or Section 12-3.05 except for subdivision | ||||||
21 | (a)(4) or (g)(1), of the Criminal Code of
1961;
| ||||||
22 | (16.5) the defendant committed an offense in violation | ||||||
23 | of one of the
following Sections while in a day care | ||||||
24 | center, regardless of the time of day or
time of year; on | ||||||
25 | the real property of a day care center, regardless of the | ||||||
26 | time
of day or time of year; or on a public
way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising any day care | ||||||
2 | center,
regardless of the time of day or time of year:
| ||||||
3 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
4 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
6 | 18-2, or 33A-2 , or Section 12-3.05 except for subdivision | ||||||
7 | (a)(4) or (g)(1), of the Criminal
Code of 1961;
| ||||||
8 | (17) the defendant committed the offense by reason of | ||||||
9 | any person's
activity as a community policing volunteer or | ||||||
10 | to prevent any person from
engaging in activity as a | ||||||
11 | community policing volunteer. For the purpose of
this | ||||||
12 | Section, "community policing volunteer" has the meaning | ||||||
13 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
14 | 1961;
| ||||||
15 | (18) the defendant committed the offense in a nursing | ||||||
16 | home or on the
real
property comprising a nursing home. For | ||||||
17 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
18 | skilled nursing
or intermediate long term care facility | ||||||
19 | that is subject to license by the
Illinois Department of | ||||||
20 | Public Health under the Nursing Home Care
Act or the MR/DD | ||||||
21 | Community Care Act;
| ||||||
22 | (19) the defendant was a federally licensed firearm | ||||||
23 | dealer
and
was
previously convicted of a violation of | ||||||
24 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
25 | Identification Card Act and has now committed either a | ||||||
26 | felony
violation
of the Firearm Owners Identification Card |
| |||||||
| |||||||
1 | Act or an act of armed violence while
armed
with a firearm; | ||||||
2 | (20) the defendant (i) committed the offense of | ||||||
3 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
4 | 1961 or the offense of driving under the influence of | ||||||
5 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
6 | compounds or any combination thereof under Section 11-501 | ||||||
7 | of the Illinois Vehicle Code or a similar provision of a | ||||||
8 | local ordinance and (ii) was operating a motor vehicle in | ||||||
9 | excess of 20 miles per hour over the posted speed limit as | ||||||
10 | provided in Article VI of Chapter 11 of the Illinois | ||||||
11 | Vehicle Code;
| ||||||
12 | (21) the defendant (i) committed the offense of | ||||||
13 | reckless driving or aggravated reckless driving under | ||||||
14 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
15 | operating a motor vehicle in excess of 20 miles per hour | ||||||
16 | over the posted speed limit as provided in Article VI of | ||||||
17 | Chapter 11 of the Illinois Vehicle Code; | ||||||
18 | (22) the defendant committed the offense against a | ||||||
19 | person that the defendant knew, or reasonably should have | ||||||
20 | known, was a member of the Armed Forces of the United | ||||||
21 | States serving on active duty. For purposes of this clause | ||||||
22 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
23 | of the United States, including a member of any reserve | ||||||
24 | component thereof or National Guard unit called to active | ||||||
25 | duty;
| ||||||
26 | (23)
the defendant committed the offense against a |
| |||||||
| |||||||
1 | person who was elderly, disabled, or infirm by taking | ||||||
2 | advantage of a family or fiduciary relationship with the | ||||||
3 | elderly, disabled, or infirm person; or
| ||||||
4 | (24)
the defendant committed any offense under Section | ||||||
5 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
6 | more images;
or | ||||||
7 | (25) the defendant committed the offense while the | ||||||
8 | defendant or the victim was in a train, bus, or other | ||||||
9 | vehicle used for public transportation ; or . | ||||||
10 | (26) (25) the defendant committed the offense of child | ||||||
11 | pornography or aggravated child pornography, specifically | ||||||
12 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
13 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
14 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
15 | or posed in any act of sexual penetration or bound, | ||||||
16 | fettered, or subject to sadistic, masochistic, or | ||||||
17 | sadomasochistic abuse in a sexual context and specifically | ||||||
18 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
19 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
20 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
21 | or posed in any act of sexual penetration or bound, | ||||||
22 | fettered, or subject to sadistic, masochistic, or | ||||||
23 | sadomasochistic abuse in a sexual context. | ||||||
24 | For the purposes of this Section:
| ||||||
25 | "School" is defined as a public or private
elementary or | ||||||
26 | secondary school, community college, college, or university.
|
| |||||||
| |||||||
1 | "Day care center" means a public or private State certified | ||||||
2 | and
licensed day care center as defined in Section 2.09 of the | ||||||
3 | Child Care Act of
1969 that displays a sign in plain view | ||||||
4 | stating that the
property is a day care center.
| ||||||
5 | "Public transportation" means the transportation
or | ||||||
6 | conveyance of persons by means available to the general public, | ||||||
7 | and includes paratransit services. | ||||||
8 | (b) The following factors, related to all felonies, may be | ||||||
9 | considered by the court as
reasons to impose an extended term | ||||||
10 | sentence under Section 5-8-2
upon any offender:
| ||||||
11 | (1) When a defendant is convicted of any felony, after | ||||||
12 | having
been previously convicted in Illinois or any other | ||||||
13 | jurisdiction of the
same or similar class felony or greater | ||||||
14 | class felony, when such conviction
has occurred within 10 | ||||||
15 | years after the
previous conviction, excluding time spent | ||||||
16 | in custody, and such charges are
separately brought and | ||||||
17 | tried and arise out of different series of acts; or
| ||||||
18 | (2) When a defendant is convicted of any felony and the | ||||||
19 | court
finds that the offense was accompanied by | ||||||
20 | exceptionally brutal
or heinous behavior indicative of | ||||||
21 | wanton cruelty; or
| ||||||
22 | (3) When a defendant is convicted of any felony | ||||||
23 | committed against:
| ||||||
24 | (i) a person under 12 years of age at the time of | ||||||
25 | the offense or such
person's property;
| ||||||
26 | (ii) a person 60 years of age or older at the time |
| |||||||
| |||||||
1 | of the offense or
such person's property; or
| ||||||
2 | (iii) a person physically handicapped at the time | ||||||
3 | of the offense or
such person's property; or
| ||||||
4 | (4) When a defendant is convicted of any felony and the | ||||||
5 | offense
involved any of the following types of specific | ||||||
6 | misconduct committed as
part of a ceremony, rite, | ||||||
7 | initiation, observance, performance, practice or
activity | ||||||
8 | of any actual or ostensible religious, fraternal, or social | ||||||
9 | group:
| ||||||
10 | (i) the brutalizing or torturing of humans or | ||||||
11 | animals;
| ||||||
12 | (ii) the theft of human corpses;
| ||||||
13 | (iii) the kidnapping of humans;
| ||||||
14 | (iv) the desecration of any cemetery, religious, | ||||||
15 | fraternal, business,
governmental, educational, or | ||||||
16 | other building or property; or
| ||||||
17 | (v) ritualized abuse of a child; or
| ||||||
18 | (5) When a defendant is convicted of a felony other | ||||||
19 | than conspiracy and
the court finds that
the felony was | ||||||
20 | committed under an agreement with 2 or more other persons
| ||||||
21 | to commit that offense and the defendant, with respect to | ||||||
22 | the other
individuals, occupied a position of organizer, | ||||||
23 | supervisor, financier, or any
other position of management | ||||||
24 | or leadership, and the court further finds that
the felony | ||||||
25 | committed was related to or in furtherance of the criminal
| ||||||
26 | activities of an organized gang or was motivated by the |
| |||||||
| |||||||
1 | defendant's leadership
in an organized gang; or
| ||||||
2 | (6) When a defendant is convicted of an offense | ||||||
3 | committed while using a firearm with a
laser sight attached | ||||||
4 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
5 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
6 | Criminal Code of
1961; or
| ||||||
7 | (7) When a defendant who was at least 17 years of age | ||||||
8 | at the
time of
the commission of the offense is convicted | ||||||
9 | of a felony and has been previously
adjudicated a | ||||||
10 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
11 | an act
that if committed by an adult would be a Class X or | ||||||
12 | Class 1 felony when the
conviction has occurred within 10 | ||||||
13 | years after the previous adjudication,
excluding time | ||||||
14 | spent in custody; or
| ||||||
15 | (8) When a defendant commits any felony and the | ||||||
16 | defendant used, possessed, exercised control over, or | ||||||
17 | otherwise directed an animal to assault a law enforcement | ||||||
18 | officer engaged in the execution of his or her official | ||||||
19 | duties or in furtherance of the criminal activities of an | ||||||
20 | organized gang in which the defendant is engaged.
| ||||||
21 | (c) The following factors may be considered by the court as | ||||||
22 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
23 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
24 | (1) When a defendant is convicted of first degree | ||||||
25 | murder, after having been previously convicted in Illinois | ||||||
26 | of any offense listed under paragraph (c)(2) of Section |
| |||||||
| |||||||
1 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
2 | within 10 years after the previous conviction, excluding | ||||||
3 | time spent in custody, and the charges are separately | ||||||
4 | brought and tried and arise out of different series of | ||||||
5 | acts. | ||||||
6 | (1.5) When a defendant is convicted of first degree | ||||||
7 | murder, after having been previously convicted of domestic | ||||||
8 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
9 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
10 | having been previously convicted of violation of an order | ||||||
11 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
12 | was the protected person. | ||||||
13 | (2) When a defendant is convicted of voluntary | ||||||
14 | manslaughter, second degree murder, involuntary | ||||||
15 | manslaughter, or reckless homicide in which the defendant | ||||||
16 | has been convicted of causing the death of more than one | ||||||
17 | individual. | ||||||
18 | (3) When a defendant is convicted of aggravated | ||||||
19 | criminal sexual assault or criminal sexual assault, when | ||||||
20 | there is a finding that aggravated criminal sexual assault | ||||||
21 | or criminal sexual assault was also committed on the same | ||||||
22 | victim by one or more other individuals, and the defendant | ||||||
23 | voluntarily participated in the crime with the knowledge of | ||||||
24 | the participation of the others in the crime, and the | ||||||
25 | commission of the crime was part of a single course of | ||||||
26 | conduct during which there was no substantial change in the |
| |||||||
| |||||||
1 | nature of the criminal objective. | ||||||
2 | (4) If the victim was under 18 years of age at the time | ||||||
3 | of the commission of the offense, when a defendant is | ||||||
4 | convicted of aggravated criminal sexual assault or | ||||||
5 | predatory criminal sexual assault of a child under | ||||||
6 | subsection (a)(1) of Section 12-14.1 of the Criminal Code | ||||||
7 | of 1961 (720 ILCS 5/12-14.1). | ||||||
8 | (5) When a defendant is convicted of a felony violation | ||||||
9 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
10 | 5/24-1) and there is a finding that the defendant is a | ||||||
11 | member of an organized gang. | ||||||
12 | (6) When a defendant was convicted of unlawful use of | ||||||
13 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
14 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
15 | readily distinguishable as one of the weapons enumerated in | ||||||
16 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
17 | 5/24-1). | ||||||
18 | (7) When a defendant is convicted of an offense | ||||||
19 | involving the illegal manufacture of a controlled | ||||||
20 | substance under Section 401 of the Illinois Controlled | ||||||
21 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
22 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
23 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
24 | the illegal possession of explosives and an emergency | ||||||
25 | response officer in the performance of his or her duties is | ||||||
26 | killed or injured at the scene of the offense while |
| |||||||
| |||||||
1 | responding to the emergency caused by the commission of the | ||||||
2 | offense. In this paragraph, "emergency" means a situation | ||||||
3 | in which a person's life, health, or safety is in jeopardy; | ||||||
4 | and "emergency response officer" means a peace officer, | ||||||
5 | community policing volunteer, fireman, emergency medical | ||||||
6 | technician-ambulance, emergency medical | ||||||
7 | technician-intermediate, emergency medical | ||||||
8 | technician-paramedic, ambulance driver, other medical | ||||||
9 | assistance or first aid personnel, or hospital emergency | ||||||
10 | room personnel.
| ||||||
11 | (d) For the purposes of this Section, "organized gang" has | ||||||
12 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
13 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
14 | (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | ||||||
15 | eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | ||||||
16 | 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | ||||||
17 | 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
| ||||||
18 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
19 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
20 | imprisonment .
| ||||||
21 | (a) Concurrent terms; multiple or additional sentences. | ||||||
22 | When an Illinois court (i) imposes multiple sentences of | ||||||
23 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
24 | sentence of imprisonment on a defendant who is already subject | ||||||
25 | to a sentence of imprisonment imposed by an Illinois court, a |
| |||||||
| |||||||
1 | court of another state, or a federal court, then the sentences | ||||||
2 | shall run concurrently unless otherwise determined by the | ||||||
3 | Illinois court under this Section. | ||||||
4 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
5 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
6 | felony and sentenced to imprisonment shall be transferred to | ||||||
7 | the Department of Corrections, and the misdemeanor sentence | ||||||
8 | shall be merged in and run concurrently with the felony | ||||||
9 | sentence. | ||||||
10 | (c) Consecutive terms; permissive. The court may impose | ||||||
11 | consecutive sentences in any of the following circumstances: | ||||||
12 | (1) If, having regard to the nature and circumstances | ||||||
13 | of the offense and the history
and character of the | ||||||
14 | defendant, it is the opinion of the court that consecutive | ||||||
15 | sentences are
required to protect the public from further | ||||||
16 | criminal conduct by the defendant, the basis for which the | ||||||
17 | court shall set forth in the record. | ||||||
18 | (2) If one of the offenses for which a defendant was | ||||||
19 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
20 | false personation of a peace officer) of the Criminal Code | ||||||
21 | of 1961
(720 ILCS 5/32-5.2) and the offense was committed | ||||||
22 | in attempting or committing a forcible felony.
| ||||||
23 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
24 | consecutive sentences in each of the following circumstances: | ||||||
25 | (1) One of the offenses for which the defendant was | ||||||
26 | convicted was first degree
murder or a Class X or Class 1 |
| |||||||
| |||||||
1 | felony and the defendant inflicted severe bodily injury. | ||||||
2 | (2) The defendant was convicted of a violation of | ||||||
3 | Section 12-13 (criminal sexual
assault), 12-14 (aggravated | ||||||
4 | criminal sexual assault), or 12-14.1 (predatory criminal | ||||||
5 | sexual assault of a child) of the Criminal Code of 1961 | ||||||
6 | (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1). | ||||||
7 | (3) The defendant was convicted of armed violence based | ||||||
8 | upon the predicate
offense of any of the following: | ||||||
9 | solicitation of murder, solicitation of murder for hire, | ||||||
10 | heinous battery as described in Section 12-4.1 or | ||||||
11 | subdivision (a)(2) of Section 12-3.05 , aggravated battery | ||||||
12 | of a senior citizen as described in Section 12-4.6 or | ||||||
13 | subdivision (a)(4) of Section 12-3.05 , criminal sexual | ||||||
14 | assault, a violation of subsection (g) of Section 5 of the | ||||||
15 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
16 | trafficking, a violation of subsection (a) of Section 401 | ||||||
17 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
18 | 570/401), controlled substance trafficking involving a | ||||||
19 | Class X felony amount of controlled substance under Section | ||||||
20 | 401 of the Illinois Controlled Substances Act (720 ILCS | ||||||
21 | 570/401), a violation of the Methamphetamine Control and | ||||||
22 | Community Protection Act (720 ILCS 646/), calculated | ||||||
23 | criminal drug conspiracy, or streetgang criminal drug | ||||||
24 | conspiracy. | ||||||
25 | (4) The defendant was convicted of the offense of | ||||||
26 | leaving the scene of a motor
vehicle accident involving |
| |||||||
| |||||||
1 | death or personal injuries under Section 11-401 of the | ||||||
2 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
3 | aggravated driving under the influence of alcohol, other | ||||||
4 | drug or drugs, or intoxicating compound or compounds, or | ||||||
5 | any combination thereof under Section 11-501 of the | ||||||
6 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
7 | homicide under Section 9-3 of the Criminal Code of 1961 | ||||||
8 | (720 ILCS 5/9-3), or (C) both an offense described in item | ||||||
9 | (A) and an offense described in item (B). | ||||||
10 | (5) The defendant was convicted of a violation of | ||||||
11 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
12 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
13 | 1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or | ||||||
14 | (5.5) The (vi) the defendant was convicted of a | ||||||
15 | violation of Section 24-3.7 (use of a stolen firearm in the | ||||||
16 | commission of an offense) of the Criminal Code of 1961 . , | ||||||
17 | (6) If the defendant was in the custody of the | ||||||
18 | Department of Corrections at the
time of the commission of | ||||||
19 | the offense, the sentence shall be served consecutive to | ||||||
20 | the sentence under which the defendant is held by the | ||||||
21 | Department of Corrections. If, however, the defendant is | ||||||
22 | sentenced to punishment by death, the sentence shall be | ||||||
23 | executed at such time as the court may fix without regard | ||||||
24 | to the sentence under which the defendant may be held by | ||||||
25 | the Department. | ||||||
26 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
| |||||||
| |||||||
1 | for escape or attempted escape shall be served
consecutive | ||||||
2 | to the terms under which the offender is held by the | ||||||
3 | Department of Corrections. | ||||||
4 | (8) If a person charged with a felony commits a | ||||||
5 | separate felony while on pretrial
release or in pretrial | ||||||
6 | detention in a county jail facility or county detention | ||||||
7 | facility, then the sentences imposed upon conviction of | ||||||
8 | these felonies shall be served consecutively regardless of | ||||||
9 | the order in which the judgments of conviction are entered. | ||||||
10 | (8.5) If a person commits a battery against a county | ||||||
11 | correctional officer or sheriff's employee while serving a | ||||||
12 | sentence or in pretrial detention in a county jail | ||||||
13 | facility, then the sentence imposed upon conviction of the | ||||||
14 | battery shall be served consecutively with the sentence | ||||||
15 | imposed upon conviction of the earlier misdemeanor or | ||||||
16 | felony, regardless of the order in which the
judgments of | ||||||
17 | conviction are entered. | ||||||
18 | (9) If a person admitted to bail following conviction | ||||||
19 | of a felony commits a
separate felony while free on bond or | ||||||
20 | if a person detained in a county jail facility or county | ||||||
21 | detention facility following conviction of a felony | ||||||
22 | commits a separate felony while in detention, then any | ||||||
23 | sentence following conviction of the separate felony shall | ||||||
24 | be consecutive to that of the original sentence for which | ||||||
25 | the defendant was on bond or detained.
| ||||||
26 | (10) If a person is found to be in possession of an |
| |||||||
| |||||||
1 | item of contraband, as defined in clause (c)(2) of Section | ||||||
2 | 31A-1.1 of the Criminal Code of 1961, while serving a | ||||||
3 | sentence in a county jail or while in pre-trial detention | ||||||
4 | in a county jail, the sentence imposed upon conviction for | ||||||
5 | the offense of possessing contraband in a penal institution | ||||||
6 | shall be served consecutively to the sentence imposed for | ||||||
7 | the offense in which the person is serving sentence in the | ||||||
8 | county jail or serving pretrial detention, regardless of | ||||||
9 | the order in which the judgments of conviction are entered. | ||||||
10 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
11 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
12 | defendant and the defendant is subsequently sentenced to a term | ||||||
13 | of imprisonment by a court of another state or a federal court, | ||||||
14 | then the Illinois sentence shall run consecutively to the | ||||||
15 | sentence imposed by the court of the other state or the federal | ||||||
16 | court. That same Illinois court, however, may order that the | ||||||
17 | Illinois sentence run concurrently with the sentence imposed by | ||||||
18 | the court of the other state or the federal court, but only if | ||||||
19 | the defendant applies to that same Illinois court within 30 | ||||||
20 | days after the sentence imposed by the court of the other state | ||||||
21 | or the federal court is finalized. | ||||||
22 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
23 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
24 | sentences shall be determined as follows: | ||||||
25 | (1) For sentences imposed under law in effect prior to | ||||||
26 | February 1, 1978, the
aggregate maximum of consecutive |
| |||||||
| |||||||
1 | sentences shall not exceed the maximum term authorized | ||||||
2 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
3 | Chapter V for the 2 most serious felonies involved. The | ||||||
4 | aggregate minimum period of consecutive sentences shall | ||||||
5 | not exceed the highest minimum term authorized under | ||||||
6 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
7 | V for the 2 most serious felonies involved. When sentenced | ||||||
8 | only for misdemeanors, a defendant shall not be | ||||||
9 | consecutively sentenced to more than the maximum for one | ||||||
10 | Class A misdemeanor. | ||||||
11 | (2) For sentences imposed under the law in effect on or | ||||||
12 | after February 1, 1978,
the aggregate of consecutive | ||||||
13 | sentences for offenses that were committed as part of a | ||||||
14 | single
course of conduct during which there was no | ||||||
15 | substantial change in the nature of the criminal objective | ||||||
16 | shall not exceed the sum of the maximum terms authorized | ||||||
17 | under Section 5-8-2 (730 ILCS 5/5-8-2) for the 2 most | ||||||
18 | serious felonies involved, but no such limitation shall | ||||||
19 | apply for offenses that were not committed as part of a | ||||||
20 | single course of conduct during which there was no | ||||||
21 | substantial change in the nature of the criminal objective. | ||||||
22 | When sentenced only for misdemeanors, a defendant shall not | ||||||
23 | be consecutively sentenced to more than the maximum for one | ||||||
24 | Class A misdemeanor.
| ||||||
25 | (g) Consecutive terms; manner served. In determining the | ||||||
26 | manner in which consecutive sentences of imprisonment, one or |
| |||||||
| |||||||
1 | more of which is for a felony, will be served, the Department | ||||||
2 | of Corrections shall treat the defendant as though he or she | ||||||
3 | had been committed for a single term subject to each of the | ||||||
4 | following: | ||||||
5 | (1) The maximum period of a term of imprisonment shall | ||||||
6 | consist of the aggregate
of the maximums of the imposed | ||||||
7 | indeterminate terms, if any, plus the aggregate of the | ||||||
8 | imposed determinate sentences for felonies, plus the | ||||||
9 | aggregate of the imposed determinate sentences for | ||||||
10 | misdemeanors, subject to subsection (f) of this Section. | ||||||
11 | (2) The parole or mandatory supervised release term | ||||||
12 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
13 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
14 | involved. | ||||||
15 | (3) The minimum period of imprisonment shall be the | ||||||
16 | aggregate of the minimum
and determinate periods of | ||||||
17 | imprisonment imposed by the court, subject to subsection | ||||||
18 | (f) of this Section. | ||||||
19 | (4) The defendant shall be awarded credit against the | ||||||
20 | aggregate maximum term
and the aggregate minimum term of | ||||||
21 | imprisonment for all time served in an institution since | ||||||
22 | the commission of the offense or offenses and as a | ||||||
23 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
24 | (730 ILCS 5/3-6-3).
| ||||||
25 | (Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09; | ||||||
26 | 95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| ||||||
2 | Sec. 5-8A-2. Definitions. As used in this Article:
| ||||||
3 | (A) "Approved electronic monitoring device" means a device | ||||||
4 | approved by
the supervising authority which is primarily | ||||||
5 | intended to record or transmit
information as to the | ||||||
6 | defendant's presence or nonpresence in the home.
| ||||||
7 | An approved electronic monitoring device may record or | ||||||
8 | transmit: oral or
wire communications or an auditory sound; | ||||||
9 | visual images; or information
regarding the offender's | ||||||
10 | activities while inside the offender's home.
These devices are | ||||||
11 | subject to the required consent as set forth in Section
5-8A-5 | ||||||
12 | of this Article.
| ||||||
13 | An approved electronic monitoring device may be used to | ||||||
14 | record a
conversation between the participant and the | ||||||
15 | monitoring device, or the
participant and the person | ||||||
16 | supervising the participant solely for the
purpose of | ||||||
17 | identification and not for the purpose of eavesdropping or
| ||||||
18 | conducting any other illegally intrusive monitoring.
| ||||||
19 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
20 | predatory
criminal sexual assault of a child, aggravated | ||||||
21 | criminal sexual assault,
criminal sexual assault, aggravated | ||||||
22 | battery with a firearm as described in Section 12-4.2 or | ||||||
23 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
24 | 12-3.05 , bringing or
possessing a firearm, ammunition or | ||||||
25 | explosive in a penal institution, any
"Super-X" drug offense or |
| |||||||
| |||||||
1 | calculated criminal drug conspiracy or streetgang
criminal | ||||||
2 | drug conspiracy, or any predecessor or successor offenses with | ||||||
3 | the
same or substantially the same elements, or any inchoate | ||||||
4 | offenses relating to
the foregoing offenses.
| ||||||
5 | (C) "Home detention" means the confinement of a person | ||||||
6 | convicted or
charged with an offense to his or her place of | ||||||
7 | residence under the terms
and conditions established by the | ||||||
8 | supervising authority.
| ||||||
9 | (D) "Participant" means an inmate or offender placed into | ||||||
10 | an
electronic monitoring program.
| ||||||
11 | (E) "Supervising authority" means the Department of | ||||||
12 | Corrections,
probation supervisory authority, sheriff, | ||||||
13 | superintendent of
municipal house of corrections or any other | ||||||
14 | officer or agency charged with
authorizing and supervising home | ||||||
15 | detention.
| ||||||
16 | (F) "Super-X drug offense" means a violation of Section | ||||||
17 | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
18 | Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | ||||||
19 | (C), or (D) of the Illinois Controlled Substances
Act.
| ||||||
20 | (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff. | ||||||
21 | 5-29-96; 89-498,
eff. 6-27-96.)
| ||||||
22 | (730 ILCS 5/5-9-1.16) | ||||||
23 | Sec. 5-9-1.16. Protective order violation fees. | ||||||
24 | (a) There shall be added to every penalty imposed in | ||||||
25 | sentencing for a violation of an order of protection under |
| |||||||
| |||||||
1 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 an | ||||||
2 | additional fee to be set in an amount not less than $200 to be | ||||||
3 | imposed upon a plea of guilty or finding of guilty resulting in | ||||||
4 | a judgment of conviction. | ||||||
5 | (b)
Such additional amount shall be assessed by the court | ||||||
6 | imposing sentence and shall be collected by the Circuit Clerk | ||||||
7 | in addition to the fine, if any, and costs in the case to be | ||||||
8 | used by the supervising authority in implementing the domestic | ||||||
9 | violence surveillance program. The clerk of the circuit court | ||||||
10 | shall pay all monies collected from this fee to the county | ||||||
11 | treasurer for deposit in the probation and court services fund | ||||||
12 | under Section 15.1 of the Probation and Probations Officers | ||||||
13 | Act. | ||||||
14 | (c) The supervising authority of a domestic violence | ||||||
15 | surveillance program under Section 5-8A-7 of this Act shall | ||||||
16 | assess a person either convicted of, or charged with, the | ||||||
17 | violation of an order of protection an additional fee to cover | ||||||
18 | the costs of providing the equipment used and the additional | ||||||
19 | supervision needed for such domestic violence surveillance | ||||||
20 | program. If the court finds that the fee would impose an undue | ||||||
21 | burden on the victim, the court may reduce or waive the fee. | ||||||
22 | The court shall order that the defendant may not use funds | ||||||
23 | belonging solely to the victim of the offense for payment of | ||||||
24 | the fee. | ||||||
25 | When the supervising authority is the court or the | ||||||
26 | probation and court services department, the fee shall be |
| |||||||
| |||||||
1 | collected by the circuit court clerk. The clerk of the circuit | ||||||
2 | court shall pay all monies collected from this fee and all | ||||||
3 | other required probation fees that are assessed to the county | ||||||
4 | treasurer for deposit in the probation and court services fund | ||||||
5 | under Section 15.1 of the Probation and Probations Officers | ||||||
6 | Act. In counties with a population of 2 million or more, when | ||||||
7 | the supervising authority is the court or the probation and | ||||||
8 | court services department, the fee shall be collected by the | ||||||
9 | supervising authority. In these counties, the supervising | ||||||
10 | authority shall pay all monies collected from this fee and all | ||||||
11 | other required probation fees that are assessed, to the county | ||||||
12 | treasurer for deposit in the probation and court services fund | ||||||
13 | under Section 15.1 of the Probation and Probation Officers Act. | ||||||
14 | When the supervising authority is the Department of | ||||||
15 | Corrections, the Department shall collect the fee for deposit | ||||||
16 | into the Illinois Department of Corrections "fund". The Circuit | ||||||
17 | Clerk shall retain 10% of such penalty and deposit that | ||||||
18 | percentage into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund to cover the costs incurred in | ||||||
20 | administering and enforcing this Section. | ||||||
21 | (d) (Blank). | ||||||
22 | (e) (Blank).
| ||||||
23 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.) | ||||||
24 | Section 975. The Secure Residential Youth Care Facility | ||||||
25 | Licensing Act is amended by changing Section 45-30 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 175/45-30)
| ||||||
2 | Sec. 45-30. License or employment eligibility.
| ||||||
3 | (a) No applicant may receive a
license from the Department | ||||||
4 | and no
person may be employed by a licensed facility who | ||||||
5 | refuses to
authorize an investigation as required by Section | ||||||
6 | 45-25.
| ||||||
7 | (b) No applicant may receive a license from the Department | ||||||
8 | and no person may
be employed by a secure residential youth | ||||||
9 | care facility licensed by the
Department who has
been declared | ||||||
10 | a sexually dangerous person under the Sexually Dangerous | ||||||
11 | Persons
Act or convicted of
committing or attempting to commit | ||||||
12 | any of the following offenses under the
Criminal Code of 1961:
| ||||||
13 | (1) First degree murder.
| ||||||
14 | (2) A sex offense under Article 11, except offenses | ||||||
15 | described in
Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
| ||||||
16 | (3) Kidnapping.
| ||||||
17 | (4) Aggravated kidnapping.
| ||||||
18 | (5) Child abduction.
| ||||||
19 | (6) Aggravated battery of a child as described in | ||||||
20 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 .
| ||||||
21 | (7) Criminal sexual assault.
| ||||||
22 | (8) Aggravated criminal sexual assault.
| ||||||
23 | (8.1) Predatory criminal sexual assault of a child.
| ||||||
24 | (9) Criminal sexual abuse.
| ||||||
25 | (10) Aggravated criminal sexual abuse.
|
| |||||||
| |||||||
1 | (11) A federal offense or an offense in any other state | ||||||
2 | the elements of
which are similar to any of the foregoing | ||||||
3 | offenses.
| ||||||
4 | (Source: P.A. 88-680, eff. 1-1-95 ; 89-428, eff. 12-13-95; | ||||||
5 | 89-462, eff. 5-29-96.)
| ||||||
6 | Section 980. The Crime Victims Compensation Act is amended | ||||||
7 | by changing Section 2 as follows:
| ||||||
8 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
9 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
10 | context
otherwise requires:
| ||||||
11 | (a) "Applicant" means any person who applies for | ||||||
12 | compensation under this
Act or any person the Court of Claims | ||||||
13 | finds is entitled to compensation,
including the guardian of a | ||||||
14 | minor or of a person under legal disability. It
includes any | ||||||
15 | person who was a dependent of a deceased victim of a crime of
| ||||||
16 | violence for his or her support at the time of the death of | ||||||
17 | that victim.
| ||||||
18 | (b) "Court of Claims" means the Court of Claims created by | ||||||
19 | the Court
of Claims Act.
| ||||||
20 | (c) "Crime of violence" means and includes any offense | ||||||
21 | defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | ||||||
22 | 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-3.4, 12-4, | ||||||
23 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
24 | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1 , |
| |||||||
| |||||||
1 | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of | ||||||
2 | the Criminal Code of 1961, Sections 1(a) and 1(a-5) of the | ||||||
3 | Cemetery Protection Act, driving under
the influence of | ||||||
4 | intoxicating liquor or narcotic drugs as defined in Section
| ||||||
5 | 11-501 of the Illinois Vehicle Code, and a violation of Section | ||||||
6 | 11-401 of the Illinois Vehicle Code, provided the victim was a | ||||||
7 | pedestrian or was operating a vehicle moved solely by human | ||||||
8 | power or a mobility device at the time of contact; so long as | ||||||
9 | the offense did not occur
during a civil riot, insurrection or | ||||||
10 | rebellion. "Crime of violence" does not
include any other | ||||||
11 | offense or accident involving a motor vehicle except those
| ||||||
12 | vehicle offenses specifically provided for in this paragraph. | ||||||
13 | "Crime of
violence" does include all of the offenses | ||||||
14 | specifically provided for in this
paragraph that occur within | ||||||
15 | this State but are subject to federal jurisdiction
and crimes | ||||||
16 | involving terrorism as defined in 18 U.S.C. 2331.
| ||||||
17 | (d) "Victim" means (1) a person killed or injured in this | ||||||
18 | State as a
result of a crime of violence perpetrated or | ||||||
19 | attempted against him or her,
(2) the
parent of a person killed | ||||||
20 | or injured in this State as a result of a crime of
violence | ||||||
21 | perpetrated or attempted against the person, (3) a person | ||||||
22 | killed
or injured in this State while attempting to assist a | ||||||
23 | person against whom a
crime of violence is being perpetrated or | ||||||
24 | attempted, if that attempt of
assistance would be expected of a | ||||||
25 | reasonable person under the circumstances,
(4) a person killed | ||||||
26 | or injured in this State while assisting a law
enforcement |
| |||||||
| |||||||
1 | official apprehend a person who has perpetrated a crime of
| ||||||
2 | violence or prevent the perpetration of any such crime if that
| ||||||
3 | assistance was in response to the express request of the law | ||||||
4 | enforcement
official, (5) a person who personally
witnessed a | ||||||
5 | violent crime, (5.1) solely
for the purpose of compensating for | ||||||
6 | pecuniary loss incurred for
psychological treatment of a mental | ||||||
7 | or emotional condition caused or aggravated
by the crime, any | ||||||
8 | other person under the age of 18 who is the brother, sister,
| ||||||
9 | half brother, half sister, child, or stepchild
of a person | ||||||
10 | killed or injured in
this State as a
result of a crime of | ||||||
11 | violence, (6) an Illinois resident
who is a victim of a "crime | ||||||
12 | of violence" as defined in this Act except, if
the crime | ||||||
13 | occurred outside this State, the resident has the same rights
| ||||||
14 | under this Act as if the crime had occurred in this State upon | ||||||
15 | a showing
that the state, territory, country, or political | ||||||
16 | subdivision of a country
in which the crime occurred does not | ||||||
17 | have a compensation of victims of
crimes law for which that | ||||||
18 | Illinois resident is eligible, (7) a deceased person whose body | ||||||
19 | is dismembered or whose remains are desecrated as the result of | ||||||
20 | a crime of violence, or (8) solely for the purpose of | ||||||
21 | compensating for pecuniary loss incurred for psychological | ||||||
22 | treatment of a mental or emotional condition caused or | ||||||
23 | aggravated by the crime, any parent, spouse, or child under the | ||||||
24 | age of 18 of a deceased person whose body is dismembered or | ||||||
25 | whose remains are desecrated as the result of a crime of | ||||||
26 | violence.
|
| |||||||
| |||||||
1 | (e) "Dependent" means a relative of a deceased victim who | ||||||
2 | was wholly or
partially dependent upon the victim's income at | ||||||
3 | the time of his or her
death
and shall include the child of a | ||||||
4 | victim born after his or her death.
| ||||||
5 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
6 | stepfather, stepmother,
child, grandchild, brother, | ||||||
7 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
8 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
9 | (g) "Child" means an unmarried son or daughter who is under | ||||||
10 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
11 | child born out of wedlock.
| ||||||
12 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
13 | appropriate medical
expenses and hospital expenses including | ||||||
14 | expenses of medical
examinations, rehabilitation, medically | ||||||
15 | required
nursing care expenses, appropriate
psychiatric care | ||||||
16 | or psychiatric counseling expenses, expenses for care or
| ||||||
17 | counseling by a licensed clinical psychologist, licensed | ||||||
18 | clinical social
worker, or licensed clinical professional | ||||||
19 | counselor and expenses for treatment by Christian Science | ||||||
20 | practitioners and
nursing care appropriate thereto; | ||||||
21 | transportation expenses to and from medical and treatment | ||||||
22 | facilities; prosthetic appliances, eyeglasses, and
hearing | ||||||
23 | aids necessary or damaged as a result of the
crime; replacement | ||||||
24 | costs for clothing and bedding used as evidence; costs
| ||||||
25 | associated with temporary lodging or relocation necessary as a
| ||||||
26 | result of the crime, including, but not limited to, the first |
| |||||||
| |||||||
1 | month's rent and security deposit of the dwelling that the | ||||||
2 | claimant relocated to and other reasonable relocation expenses | ||||||
3 | incurred as a result of the violent crime;
locks or windows | ||||||
4 | necessary or damaged as a result of the crime; the purchase,
| ||||||
5 | lease, or rental of equipment necessary to create usability of | ||||||
6 | and
accessibility to the victim's real and personal property, | ||||||
7 | or the real and
personal property which is used by the victim, | ||||||
8 | necessary as a result of the
crime; the costs of appropriate | ||||||
9 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
10 | of $1000 per month;
dependents replacement
services loss, to a | ||||||
11 | maximum of $1000 per month; loss of tuition paid to
attend | ||||||
12 | grammar school or high school when the victim had been enrolled | ||||||
13 | as a
student prior to the injury, or college or graduate school | ||||||
14 | when
the victim had been enrolled as a day or night student | ||||||
15 | prior to
the injury when the victim becomes unable to continue | ||||||
16 | attendance at school
as a result of the crime of violence | ||||||
17 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
18 | future earnings because of disability resulting from the
| ||||||
19 | injury, and, in addition, in the case of death, expenses for | ||||||
20 | funeral, burial, and travel and transport for survivors
of | ||||||
21 | homicide victims to secure bodies of deceased victims and to | ||||||
22 | transport
bodies for burial all of which
may not exceed a | ||||||
23 | maximum of $5,000 and loss of support of the dependents of
the | ||||||
24 | victim; in the case of dismemberment or desecration of a body, | ||||||
25 | expenses for funeral and burial, all of which may not exceed a | ||||||
26 | maximum of $5,000.
Loss of future earnings shall be reduced by |
| |||||||
| |||||||
1 | any income from substitute work
actually performed by the | ||||||
2 | victim or by income he or she would have earned
in
available | ||||||
3 | appropriate substitute work he or she was capable of performing
| ||||||
4 | but
unreasonably failed to undertake. Loss of earnings, loss of | ||||||
5 | future
earnings and loss of support shall be determined on the | ||||||
6 | basis of the
victim's average net monthly earnings for the 6 | ||||||
7 | months immediately
preceding the date of the injury or on $1000 | ||||||
8 | per month, whichever is less.
If a divorced or legally | ||||||
9 | separated applicant is claiming loss of support
for a minor | ||||||
10 | child of the deceased, the amount of support for each child
| ||||||
11 | shall be based either on the amount of support
pursuant to the | ||||||
12 | judgment prior to the date of the deceased
victim's injury or | ||||||
13 | death, or, if the subject of pending litigation filed by
or on | ||||||
14 | behalf of the divorced or legally separated applicant prior to | ||||||
15 | the
injury or death, on the result of that litigation. Real and | ||||||
16 | personal
property includes, but is not limited to, vehicles, | ||||||
17 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
18 | loss does not
include pain and suffering or property loss or | ||||||
19 | damage.
| ||||||
20 | (i) "Replacement services loss" means expenses reasonably | ||||||
21 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
22 | of those the
injured person would have performed, not for | ||||||
23 | income, but for the benefit
of himself or herself or his or her | ||||||
24 | family, if he or she had not
been injured.
| ||||||
25 | (j) "Dependents replacement services loss" means loss | ||||||
26 | reasonably incurred
by dependents or private legal guardians of |
| |||||||
| |||||||
1 | minor dependents after a victim's death in obtaining ordinary | ||||||
2 | and necessary
services in lieu of those the victim would have | ||||||
3 | performed, not for income,
but for their benefit, if he or she | ||||||
4 | had not been fatally injured.
| ||||||
5 | (k) "Survivor" means immediate family including a parent, | ||||||
6 | step-father,
step-mother, child,
brother, sister, or spouse.
| ||||||
7 | (Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
| ||||||
8 | Section 985. The Illinois Marriage and Dissolution of | ||||||
9 | Marriage Act is amended by changing Section 503 as follows:
| ||||||
10 | (750 ILCS 5/503) (from Ch. 40, par. 503)
| ||||||
11 | Sec. 503. Disposition of property.
| ||||||
12 | (a) For purposes of this Act, "marital property" means all | ||||||
13 | property acquired
by either spouse subsequent to the marriage, | ||||||
14 | except the following, which is
known as "non-marital property":
| ||||||
15 | (1) property acquired by gift, legacy or descent;
| ||||||
16 | (2) property acquired in exchange for property | ||||||
17 | acquired before the
marriage or in exchange for property | ||||||
18 | acquired by gift, legacy or descent;
| ||||||
19 | (3) property acquired by a spouse after a judgment of | ||||||
20 | legal separation;
| ||||||
21 | (4) property excluded by valid agreement of the | ||||||
22 | parties;
| ||||||
23 | (5) any judgment or property obtained by judgment | ||||||
24 | awarded to a spouse
from the other spouse;
|
| |||||||
| |||||||
1 | (6) property acquired before the marriage;
| ||||||
2 | (7) the increase in value of property acquired by a | ||||||
3 | method listed in
paragraphs (1) through (6) of this | ||||||
4 | subsection, irrespective of whether the
increase results | ||||||
5 | from a contribution of marital property, non-marital | ||||||
6 | property,
the personal effort of a spouse, or otherwise, | ||||||
7 | subject to the right of
reimbursement provided in | ||||||
8 | subsection (c) of this Section; and
| ||||||
9 | (8) income from property acquired by a method listed in | ||||||
10 | paragraphs (1)
through (7) of this subsection if the income | ||||||
11 | is not attributable to the
personal effort of a spouse.
| ||||||
12 | (b)(1) For purposes of distribution of property pursuant to | ||||||
13 | this
Section, all property acquired by either spouse after the | ||||||
14 | marriage and before a
judgment of dissolution of marriage or | ||||||
15 | declaration of invalidity of marriage,
including non-marital | ||||||
16 | property transferred into some form of co-ownership
between the | ||||||
17 | spouses, is presumed to be marital property, regardless of | ||||||
18 | whether
title is held individually or by the spouses in some | ||||||
19 | form of co-ownership such
as joint tenancy, tenancy in common, | ||||||
20 | tenancy by the entirety, or community
property. The presumption | ||||||
21 | of marital property is overcome by a showing that
the property | ||||||
22 | was acquired by a method listed in subsection (a) of this | ||||||
23 | Section.
| ||||||
24 | (2) For purposes of distribution of property pursuant to | ||||||
25 | this Section,
all pension benefits (including pension benefits | ||||||
26 | under the Illinois Pension
Code) acquired by either spouse |
| |||||||
| |||||||
1 | after the marriage and before a judgment of
dissolution of | ||||||
2 | marriage or declaration of invalidity of the marriage are
| ||||||
3 | presumed to be marital property, regardless of which spouse | ||||||
4 | participates in the
pension plan. The presumption that these | ||||||
5 | pension benefits are marital property
is overcome by a showing | ||||||
6 | that the pension benefits were acquired by a method
listed in | ||||||
7 | subsection (a) of this Section. The right to a division of | ||||||
8 | pension
benefits in just proportions under this Section is | ||||||
9 | enforceable under Section
1-119 of the Illinois Pension Code.
| ||||||
10 | The value of pension benefits in a retirement system | ||||||
11 | subject to the Illinois
Pension Code shall be determined in | ||||||
12 | accordance with the valuation procedures
established by the | ||||||
13 | retirement system.
| ||||||
14 | The recognition of pension benefits as marital property and | ||||||
15 | the division of
those benefits pursuant to a Qualified Illinois | ||||||
16 | Domestic Relations Order shall
not be deemed to be a | ||||||
17 | diminishment, alienation, or impairment of those
benefits. The | ||||||
18 | division of pension benefits is an allocation of property in
| ||||||
19 | which each spouse has a species of common ownership.
| ||||||
20 | (3) For purposes of distribution of property under this | ||||||
21 | Section, all stock
options granted to either spouse after the | ||||||
22 | marriage and before a judgment of
dissolution of marriage or | ||||||
23 | declaration of invalidity of marriage, whether
vested or | ||||||
24 | non-vested or whether their value is ascertainable, are | ||||||
25 | presumed to
be marital property. This presumption of marital | ||||||
26 | property is overcome by a
showing that the stock options were |
| |||||||
| |||||||
1 | acquired by a method listed in subsection
(a) of this Section. | ||||||
2 | The court shall allocate stock options between the
parties at | ||||||
3 | the time of the judgment of dissolution of marriage or | ||||||
4 | declaration
of invalidity of marriage recognizing that the | ||||||
5 | value of the stock options may
not be then determinable and | ||||||
6 | that the actual division of the options may not
occur until a | ||||||
7 | future date. In making the allocation between the parties, the
| ||||||
8 | court shall consider, in addition to the factors set forth in | ||||||
9 | subsection (d) of
this Section, the following:
| ||||||
10 | (i) All circumstances underlying the grant of the stock | ||||||
11 | option including
but not limited to whether the grant was | ||||||
12 | for past, present, or future efforts,
or any combination | ||||||
13 | thereof.
| ||||||
14 | (ii) The length of time from the grant of the option to | ||||||
15 | the time the
option is exercisable.
| ||||||
16 | (c) Commingled marital and non-marital property shall be | ||||||
17 | treated in
the following manner, unless otherwise agreed by the | ||||||
18 | spouses:
| ||||||
19 | (1) When marital and non-marital property are | ||||||
20 | commingled by contributing
one estate of property into | ||||||
21 | another resulting in a loss of identity of the
contributed | ||||||
22 | property, the classification of the contributed property | ||||||
23 | is
transmuted to the estate receiving the contribution, | ||||||
24 | subject to the provisions
of paragraph (2) of this | ||||||
25 | subsection; provided that if marital and non-marital
| ||||||
26 | property are commingled into newly acquired property |
| |||||||
| |||||||
1 | resulting in a loss
of identity of the contributing | ||||||
2 | estates, the commingled property shall be
deemed | ||||||
3 | transmuted to marital property, subject to the provisions | ||||||
4 | of paragraph
(2) of this subsection.
| ||||||
5 | (2) When one estate of property makes a contribution to | ||||||
6 | another estate
of property, or when a spouse contributes | ||||||
7 | personal effort to non-marital
property, the contributing | ||||||
8 | estate shall be reimbursed from the estate receiving
the | ||||||
9 | contribution notwithstanding any transmutation; provided, | ||||||
10 | that no such
reimbursement shall be made with respect to a | ||||||
11 | contribution which is not
retraceable by clear and | ||||||
12 | convincing evidence, or was a gift, or, in the
case of a | ||||||
13 | contribution of personal effort of a spouse to non-marital | ||||||
14 | property,
unless the effort is significant and results in | ||||||
15 | substantial appreciation
of the non-marital property. | ||||||
16 | Personal effort of a spouse shall be deemed
a contribution | ||||||
17 | by the marital estate. The court may provide for | ||||||
18 | reimbursement
out of the marital property to be divided or | ||||||
19 | by imposing a lien against the
non-marital property which | ||||||
20 | received the contribution.
| ||||||
21 | (d) In a proceeding for dissolution of marriage or | ||||||
22 | declaration of invalidity
of marriage, or in a proceeding for | ||||||
23 | disposition of property following
dissolution of marriage by a | ||||||
24 | court which lacked personal jurisdiction over the
absent spouse | ||||||
25 | or lacked jurisdiction to dispose of the property, the court
| ||||||
26 | shall assign each spouse's non-marital property to that spouse. |
| |||||||
| |||||||
1 | It also shall
divide the marital property without regard to | ||||||
2 | marital misconduct in just
proportions considering all | ||||||
3 | relevant factors, including:
| ||||||
4 | (1) the contribution of each party to the acquisition, | ||||||
5 | preservation, or
increase or decrease in value of the | ||||||
6 | marital or non-marital property, including
(i) any such | ||||||
7 | decrease attributable to a payment deemed to have been an | ||||||
8 | advance from the parties' marital estate under subsection | ||||||
9 | (c-1)(2) of Section 501 and (ii) the contribution of a | ||||||
10 | spouse as a homemaker or to the family unit;
| ||||||
11 | (2) the dissipation by each party of the marital or | ||||||
12 | non-marital property;
| ||||||
13 | (3) the value of the property assigned to each spouse;
| ||||||
14 | (4) the duration of the marriage;
| ||||||
15 | (5) the relevant economic circumstances of each spouse | ||||||
16 | when the division
of property is to become effective, | ||||||
17 | including the desirability of awarding
the family home, or | ||||||
18 | the right to live therein for reasonable periods, to the
| ||||||
19 | spouse having custody of the children;
| ||||||
20 | (6) any obligations and rights arising from a prior | ||||||
21 | marriage
of either party;
| ||||||
22 | (7) any antenuptial agreement of the parties;
| ||||||
23 | (8) the age, health, station, occupation, amount and | ||||||
24 | sources of income,
vocational skills, employability, | ||||||
25 | estate, liabilities, and needs of each of the
parties;
| ||||||
26 | (9) the custodial provisions for any children;
|
| |||||||
| |||||||
1 | (10) whether the apportionment is in lieu of or in | ||||||
2 | addition to
maintenance;
| ||||||
3 | (11) the reasonable opportunity of each spouse for | ||||||
4 | future acquisition
of capital assets and income; and
| ||||||
5 | (12) the tax consequences of the property division upon | ||||||
6 | the
respective economic circumstances of the parties.
| ||||||
7 | (e) Each spouse has a species of common ownership in the | ||||||
8 | marital property
which vests at the time dissolution | ||||||
9 | proceedings are commenced and continues
only during the | ||||||
10 | pendency of the action. Any such interest in marital property
| ||||||
11 | shall not encumber that property so as to restrict its | ||||||
12 | transfer, assignment
or conveyance by the title holder unless | ||||||
13 | such title holder is specifically
enjoined from making such | ||||||
14 | transfer, assignment or conveyance.
| ||||||
15 | (f) In a proceeding for dissolution of marriage or | ||||||
16 | declaration of
invalidity of marriage or in a proceeding for | ||||||
17 | disposition of property
following dissolution of marriage by a | ||||||
18 | court that lacked personal
jurisdiction over the absent spouse | ||||||
19 | or lacked jurisdiction to dispose of
the property, the court, | ||||||
20 | in determining the value of the marital and
non-marital | ||||||
21 | property for purposes of dividing the property, shall value the
| ||||||
22 | property as of the date of trial or some other date as close to | ||||||
23 | the date
of trial as is practicable.
| ||||||
24 | (g) The court if necessary to protect and promote the best | ||||||
25 | interests of the
children may set aside a portion of the | ||||||
26 | jointly or separately held
estates of the parties in a separate |
| |||||||
| |||||||
1 | fund or trust for the support,
maintenance, education, physical | ||||||
2 | and mental health, and general welfare of any minor, dependent,
| ||||||
3 | or incompetent child of the parties. In making a determination | ||||||
4 | under this
subsection, the court may consider, among other | ||||||
5 | things, the conviction of a
party of any of the offenses set | ||||||
6 | forth in Section 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, | ||||||
7 | 12-14, 12-14.1, 12-15, or 12-16 , or Section 12-3.05 except for | ||||||
8 | subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 if | ||||||
9 | the
victim is a
child of one or both of the parties, and there | ||||||
10 | is a need for, and cost of,
care, healing and counseling for | ||||||
11 | the child who is the victim of the crime.
| ||||||
12 | (h) Unless specifically directed by a reviewing court, or | ||||||
13 | upon good
cause shown, the court shall not on remand consider | ||||||
14 | any increase or
decrease in the value of any "marital" or | ||||||
15 | "non-marital" property occurring
since the assessment of such | ||||||
16 | property at the original trial or hearing, but
shall use only | ||||||
17 | that assessment made at the original trial or hearing.
| ||||||
18 | (i) The court may make such judgments affecting the marital | ||||||
19 | property
as may be just and may enforce such judgments by | ||||||
20 | ordering a sale of marital
property, with proceeds therefrom to | ||||||
21 | be applied as determined by the court.
| ||||||
22 | (j) After proofs have closed in the final hearing on all | ||||||
23 | other issues
between the parties (or in conjunction with the | ||||||
24 | final hearing, if all parties
so stipulate) and before judgment | ||||||
25 | is entered, a party's petition for
contribution to fees and | ||||||
26 | costs incurred in the proceeding shall be heard and
decided, in |
| |||||||
| |||||||
1 | accordance with the following provisions:
| ||||||
2 | (1) A petition for contribution, if not filed before | ||||||
3 | the final hearing
on other issues between the parties, | ||||||
4 | shall be filed no later than 30 days after
the closing of | ||||||
5 | proofs in the final hearing or within such other period as | ||||||
6 | the
court orders.
| ||||||
7 | (2) Any award of contribution to one party from the | ||||||
8 | other party shall be
based on the criteria for division of | ||||||
9 | marital property under this Section 503
and, if maintenance | ||||||
10 | has been awarded, on the criteria for an award of
| ||||||
11 | maintenance under Section 504.
| ||||||
12 | (3) The filing of a petition for contribution shall not | ||||||
13 | be deemed to
constitute a waiver of the attorney-client | ||||||
14 | privilege between the petitioning
party and current or | ||||||
15 | former counsel; and such a waiver shall not constitute a
| ||||||
16 | prerequisite to a hearing for contribution. If either | ||||||
17 | party's presentation on
contribution, however, includes | ||||||
18 | evidence within the scope of the
attorney-client | ||||||
19 | privilege, the disclosure or disclosures shall be narrowly
| ||||||
20 | construed and shall not be deemed by the court to | ||||||
21 | constitute a general waiver
of the privilege as to matters | ||||||
22 | beyond the scope of the presentation.
| ||||||
23 | (4) No finding on which a contribution award is based | ||||||
24 | or denied shall be
asserted against counsel or former | ||||||
25 | counsel for purposes of any hearing under
subsection (c) or | ||||||
26 | (e) of Section 508.
|
| |||||||
| |||||||
1 | (5) A contribution award (payable to either the | ||||||
2 | petitioning
party or the party's counsel, or jointly, as | ||||||
3 | the court determines) may be in
the form of either a set | ||||||
4 | dollar amount or a percentage of fees and costs (or a
| ||||||
5 | portion of fees and costs) to be subsequently agreed upon | ||||||
6 | by the petitioning
party and counsel or, alternatively, | ||||||
7 | thereafter determined in a hearing
pursuant to subsection | ||||||
8 | (c) of Section 508 or previously or thereafter
determined | ||||||
9 | in an independent proceeding under subsection (e) of | ||||||
10 | Section
508.
| ||||||
11 | (6) The changes to this Section 503 made by this | ||||||
12 | amendatory Act of 1996
apply to cases pending on or after | ||||||
13 | June 1, 1997, except as otherwise provided
in Section 508.
| ||||||
14 | (Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
| ||||||
15 | Section 990. The Illinois Domestic Violence Act of 1986 is | ||||||
16 | amended by changing Sections 103, 223, and 301 as follows:
| ||||||
17 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
18 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
19 | following
terms shall have the following meanings:
| ||||||
20 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
21 | of a dependent,
interference with personal liberty or willful | ||||||
22 | deprivation but does not include
reasonable direction of a | ||||||
23 | minor child by a parent or person in loco parentis.
| ||||||
24 | (2) "Adult with disabilities" means an elder adult with |
| |||||||
| |||||||
1 | disabilities
or a high-risk adult with disabilities. A person | ||||||
2 | may be an adult with
disabilities for purposes of this Act even | ||||||
3 | though he or she has never been
adjudicated an incompetent | ||||||
4 | adult. However, no court proceeding may be
initiated or | ||||||
5 | continued on
behalf of an adult with disabilities over that | ||||||
6 | adult's objection, unless such
proceeding is approved by his or | ||||||
7 | her legal guardian, if any.
| ||||||
8 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
9 | (1).
| ||||||
10 | (4) "Elder adult with disabilities" means an adult | ||||||
11 | prevented by
advanced age from taking appropriate action to | ||||||
12 | protect himself or herself
from abuse by a family or household | ||||||
13 | member.
| ||||||
14 | (5) "Exploitation" means the illegal, including tortious, | ||||||
15 | use of a
high-risk adult with disabilities or of the assets or | ||||||
16 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
17 | includes, but is not
limited to, the misappropriation of assets | ||||||
18 | or resources of a high-risk
adult with disabilities by undue | ||||||
19 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
20 | deception, or extortion, or the use of such assets or
resources | ||||||
21 | in a manner contrary to law.
| ||||||
22 | (6) "Family or household members" include spouses, former | ||||||
23 | spouses,
parents, children, stepchildren and other persons | ||||||
24 | related by blood or
by present or prior marriage, persons
who | ||||||
25 | share or formerly shared a common dwelling, persons who have or
| ||||||
26 | allegedly have a child in common, persons who share or |
| |||||||
| |||||||
1 | allegedly share a
blood relationship through a child, persons | ||||||
2 | who have or have had a dating
or engagement relationship, | ||||||
3 | persons with disabilities and their
personal assistants, and | ||||||
4 | caregivers as defined in Section 12-4.4a or paragraph (3) of | ||||||
5 | subsection
(b) of Section 12-21 of the Criminal Code of 1961.
| ||||||
6 | For purposes of this paragraph, neither a casual | ||||||
7 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
8 | individuals in business or social
contexts shall be deemed to | ||||||
9 | constitute a dating relationship.
In the case of a high-risk | ||||||
10 | adult with
disabilities, "family or household members" | ||||||
11 | includes any person
who has the responsibility for a high-risk | ||||||
12 | adult as a result of a family
relationship or who has assumed | ||||||
13 | responsibility for all or a portion of the
care of a high-risk | ||||||
14 | adult with disabilities voluntarily, or by express or
implied | ||||||
15 | contract, or by court order.
| ||||||
16 | (7) "Harassment" means knowing conduct which
is not | ||||||
17 | necessary to accomplish a purpose that is reasonable under the
| ||||||
18 | circumstances; would cause a reasonable person emotional | ||||||
19 | distress; and
does cause emotional distress to the petitioner.
| ||||||
20 | Unless the presumption is rebutted by a preponderance of the | ||||||
21 | evidence, the
following types of conduct shall be
presumed to | ||||||
22 | cause emotional distress:
| ||||||
23 | (i) creating a disturbance at petitioner's place of | ||||||
24 | employment or school;
| ||||||
25 | (ii) repeatedly telephoning petitioner's place of | ||||||
26 | employment, home or residence;
|
| |||||||
| |||||||
1 | (iii) repeatedly following petitioner about in a | ||||||
2 | public place or places;
| ||||||
3 | (iv) repeatedly keeping petitioner under surveillance | ||||||
4 | by remaining
present outside his or her
home, school, place | ||||||
5 | of employment, vehicle or other place occupied by
| ||||||
6 | petitioner or by peering in petitioner's windows;
| ||||||
7 | (v) improperly concealing a minor child from | ||||||
8 | petitioner, repeatedly
threatening to improperly remove a | ||||||
9 | minor child of petitioner's from
the jurisdiction or from | ||||||
10 | the physical care of petitioner,
repeatedly threatening to | ||||||
11 | conceal a minor
child from petitioner, or making
a single | ||||||
12 | such
threat following an actual or attempted improper | ||||||
13 | removal or concealment,
unless respondent was fleeing an | ||||||
14 | incident or pattern of domestic violence; or
| ||||||
15 | (vi) threatening physical force, confinement or | ||||||
16 | restraint on one or more occasions.
| ||||||
17 | (8) "High-risk adult with disabilities" means a person aged | ||||||
18 | 18 or over
whose physical or mental disability impairs his or | ||||||
19 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
20 | or exploitation.
| ||||||
21 | (9) "Interference with personal liberty" means committing | ||||||
22 | or
threatening physical abuse, harassment, intimidation or
| ||||||
23 | willful deprivation so as to
compel another to
engage in | ||||||
24 | conduct from which she or he has a right to abstain or to | ||||||
25 | refrain from conduct
in which she or he has a right to engage.
| ||||||
26 | (10) "Intimidation of a dependent" means subjecting a |
| |||||||
| |||||||
1 | person
who is dependent
because of
age, health or disability to | ||||||
2 | participation in or the witnessing of: physical force
against | ||||||
3 | another or physical confinement or restraint of another which
| ||||||
4 | constitutes physical abuse as defined in this Act, regardless | ||||||
5 | of whether the
abused person is a family or household member.
| ||||||
6 | (11) (A) "Neglect" means the failure to exercise that | ||||||
7 | degree of care
toward a high-risk adult with disabilities which | ||||||
8 | a reasonable person would
exercise under the circumstances and | ||||||
9 | includes but is not limited to:
| ||||||
10 | (i) the failure to take reasonable steps to protect a | ||||||
11 | high-risk adult
with disabilities from acts of abuse;
| ||||||
12 | (ii) the repeated, careless imposition of unreasonable | ||||||
13 | confinement;
| ||||||
14 | (iii) the failure to provide food, shelter, clothing, | ||||||
15 | and personal
hygiene to a high-risk adult with disabilities | ||||||
16 | who requires such assistance;
| ||||||
17 | (iv) the failure to provide medical and rehabilitative | ||||||
18 | care for the
physical and mental health needs of a | ||||||
19 | high-risk adult with disabilities; or
| ||||||
20 | (v) the failure to protect a high-risk adult with | ||||||
21 | disabilities from
health and safety hazards.
| ||||||
22 | (B) Nothing in this subsection (10) shall be construed to | ||||||
23 | impose a requirement that
assistance be provided to a high-risk | ||||||
24 | adult with disabilities over his or
her objection in the | ||||||
25 | absence of a court order, nor to create any new
affirmative | ||||||
26 | duty to provide support to a high-risk adult with disabilities.
|
| |||||||
| |||||||
1 | (12) "Order of protection" means an emergency order, | ||||||
2 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
3 | which includes any or
all of the remedies authorized by Section | ||||||
4 | 214 of this Act.
| ||||||
5 | (13) "Petitioner" may mean not only any named petitioner | ||||||
6 | for the order of
protection and any named victim of abuse on | ||||||
7 | whose behalf the petition
is brought, but also any other person | ||||||
8 | protected by this Act.
| ||||||
9 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
10 | of the following:
| ||||||
11 | (i) knowing or reckless use of physical force, | ||||||
12 | confinement or restraint;
| ||||||
13 | (ii) knowing, repeated and unnecessary sleep | ||||||
14 | deprivation; or
| ||||||
15 | (iii) knowing or reckless conduct which creates an | ||||||
16 | immediate
risk of physical harm.
| ||||||
17 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
18 | both physical presence and nonphysical contact with the | ||||||
19 | petitioner whether direct, indirect (including, but not | ||||||
20 | limited to, telephone calls, mail, email, faxes, and written | ||||||
21 | notes), or through third parties who may or may not know about | ||||||
22 | the order of protection.
| ||||||
23 | (15) "Willful deprivation" means wilfully denying a person | ||||||
24 | who
because of age, health or disability requires medication,
| ||||||
25 | medical care, shelter, accessible shelter or services, food,
| ||||||
26 | therapeutic device, or other physical
assistance, and thereby |
| |||||||
| |||||||
1 | exposing that person to the risk of physical,
mental or | ||||||
2 | emotional harm, except with regard to medical care or treatment
| ||||||
3 | when the dependent person has expressed an intent to forgo such | ||||||
4 | medical
care or treatment. This paragraph does not
create any | ||||||
5 | new affirmative duty to provide support to dependent persons.
| ||||||
6 | (Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
| ||||||
7 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
8 | Sec. 223. Enforcement of orders of protection.
| ||||||
9 | (a) When violation is crime. A violation of any order of | ||||||
10 | protection,
whether issued in a civil or criminal proceeding, | ||||||
11 | shall be enforced
by a
criminal court when:
| ||||||
12 | (1) The respondent commits the crime of violation of an | ||||||
13 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
14 | the Criminal Code of
1961, by
having knowingly violated:
| ||||||
15 | (i) remedies described in paragraphs (1), (2), | ||||||
16 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
17 | of this Act; or
| ||||||
18 | (ii) a remedy, which is substantially similar to | ||||||
19 | the remedies
authorized under paragraphs (1), (2), | ||||||
20 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
21 | of this Act, in a valid order of protection which is | ||||||
22 | authorized
under the laws of another state, tribe, or | ||||||
23 | United States territory; or
| ||||||
24 | (iii) any other remedy when the act
constitutes a | ||||||
25 | crime against the protected parties as defined by the
|
| |||||||
| |||||||
1 | Criminal Code of 1961.
| ||||||
2 | Prosecution for a violation of an order of
protection | ||||||
3 | shall not bar concurrent prosecution for any other crime,
| ||||||
4 | including any crime that may have been committed at the | ||||||
5 | time of the
violation of the order of protection; or
| ||||||
6 | (2) The respondent commits the crime of child abduction | ||||||
7 | pursuant
to Section 10-5 of the Criminal Code of 1961, by | ||||||
8 | having knowingly violated:
| ||||||
9 | (i) remedies described in paragraphs (5), (6) or | ||||||
10 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
11 | (ii) a remedy, which is substantially similar to | ||||||
12 | the remedies
authorized under paragraphs (5), (6), or | ||||||
13 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
14 | valid order of protection which is authorized under the | ||||||
15 | laws
of another state, tribe, or United States | ||||||
16 | territory.
| ||||||
17 | (b) When violation is contempt of court. A violation of any | ||||||
18 | valid
Illinois order of protection, whether issued in a civil | ||||||
19 | or criminal
proceeding, may be enforced through civil or | ||||||
20 | criminal contempt procedures,
as appropriate, by any court with | ||||||
21 | jurisdiction, regardless where the act or
acts which violated | ||||||
22 | the order of protection were committed, to the extent
| ||||||
23 | consistent with the venue provisions of this Act. Nothing in | ||||||
24 | this Act
shall preclude any Illinois court from enforcing any | ||||||
25 | valid order of
protection issued in another state. Illinois | ||||||
26 | courts may enforce orders of
protection through both criminal |
| |||||||
| |||||||
1 | prosecution and contempt proceedings,
unless the action which | ||||||
2 | is second in time is barred by collateral estoppel
or the | ||||||
3 | constitutional prohibition against double jeopardy.
| ||||||
4 | (1) In a contempt proceeding where the petition for a | ||||||
5 | rule to show
cause sets forth facts evidencing an immediate | ||||||
6 | danger that the
respondent will flee the jurisdiction, | ||||||
7 | conceal a child, or inflict physical
abuse on the | ||||||
8 | petitioner or minor children or on dependent adults in
| ||||||
9 | petitioner's care, the court may order the
attachment of | ||||||
10 | the respondent without prior service of the rule to show
| ||||||
11 | cause or the petition for a rule to show cause. Bond shall | ||||||
12 | be set unless
specifically denied in writing.
| ||||||
13 | (2) A petition for a rule to show cause for violation | ||||||
14 | of an order of
protection shall be treated as an expedited | ||||||
15 | proceeding.
| ||||||
16 | (c) Violation of custody or support orders. A violation of | ||||||
17 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
18 | subsection (b) of Section
214 of this Act may be enforced by | ||||||
19 | any remedy provided by Section 611 of
the Illinois Marriage and | ||||||
20 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
21 | for support issued under paragraph (12) of subsection (b)
of | ||||||
22 | Section 214 in the manner provided for under Parts V and VII of | ||||||
23 | the
Illinois Marriage and Dissolution of Marriage Act.
| ||||||
24 | (d) Actual knowledge. An order of protection may be | ||||||
25 | enforced pursuant to
this Section if the respondent violates | ||||||
26 | the order after the
respondent has
actual knowledge of its |
| |||||||
| |||||||
1 | contents as shown through one of the following means:
| ||||||
2 | (1) By service, delivery, or notice under Section 210.
| ||||||
3 | (2) By notice under Section 210.1 or 211.
| ||||||
4 | (3) By service of an order of protection under Section | ||||||
5 | 222.
| ||||||
6 | (4) By other means demonstrating actual knowledge of | ||||||
7 | the contents of the
order.
| ||||||
8 | (e) The enforcement of an order of protection in civil or | ||||||
9 | criminal court
shall not be affected by either of the | ||||||
10 | following:
| ||||||
11 | (1) The existence of a separate, correlative order, | ||||||
12 | entered under Section
215.
| ||||||
13 | (2) Any finding or order entered in a conjoined | ||||||
14 | criminal proceeding.
| ||||||
15 | (f) Circumstances. The court, when determining whether or | ||||||
16 | not a
violation of an order of protection has occurred, shall | ||||||
17 | not require
physical manifestations of abuse on the person of | ||||||
18 | the victim.
| ||||||
19 | (g) Penalties.
| ||||||
20 | (1) Except as provided in paragraph (3) of this
| ||||||
21 | subsection, where the court finds the commission of a crime | ||||||
22 | or contempt of
court under subsections (a) or (b) of this | ||||||
23 | Section, the penalty shall be
the penalty that generally | ||||||
24 | applies in such criminal or contempt
proceedings, and may | ||||||
25 | include one or more of the following: incarceration,
| ||||||
26 | payment of restitution, a fine, payment of attorneys' fees |
| |||||||
| |||||||
1 | and costs, or
community service.
| ||||||
2 | (2) The court shall hear and take into account evidence | ||||||
3 | of any factors
in aggravation or mitigation before deciding | ||||||
4 | an appropriate penalty under
paragraph (1) of this | ||||||
5 | subsection.
| ||||||
6 | (3) To the extent permitted by law, the court is | ||||||
7 | encouraged to:
| ||||||
8 | (i) increase the penalty for the knowing violation | ||||||
9 | of
any order of protection over any penalty previously | ||||||
10 | imposed by any court
for respondent's violation of any | ||||||
11 | order of protection or penal statute
involving | ||||||
12 | petitioner as victim and respondent as defendant;
| ||||||
13 | (ii) impose a minimum penalty of 24 hours | ||||||
14 | imprisonment for respondent's
first violation of any | ||||||
15 | order of protection; and
| ||||||
16 | (iii) impose a minimum penalty of 48 hours | ||||||
17 | imprisonment for
respondent's second or subsequent | ||||||
18 | violation of an order of protection
| ||||||
19 | unless the court explicitly finds that an increased penalty | ||||||
20 | or that
period of imprisonment would be manifestly unjust.
| ||||||
21 | (4) In addition to any other penalties imposed for a | ||||||
22 | violation of an
order of protection, a criminal court may | ||||||
23 | consider evidence of any
violations of an order of | ||||||
24 | protection:
| ||||||
25 | (i) to increase, revoke or modify the bail bond on | ||||||
26 | an underlying
criminal charge pursuant to Section |
| |||||||
| |||||||
1 | 110-6 of the Code of Criminal Procedure
of 1963;
| ||||||
2 | (ii) to revoke or modify an order of probation, | ||||||
3 | conditional discharge or
supervision, pursuant to | ||||||
4 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
5 | (iii) to revoke or modify a sentence of periodic | ||||||
6 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
7 | Code of Corrections.
| ||||||
8 | (5) In addition to any other penalties, the court shall | ||||||
9 | impose an
additional fine of $20 as authorized by Section | ||||||
10 | 5-9-1.11 of the Unified Code of
Corrections upon any person | ||||||
11 | convicted of or placed on supervision for a
violation of an | ||||||
12 | order of protection.
The additional fine shall be imposed | ||||||
13 | for each violation of this Section.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
15 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
16 | Sec. 301. Arrest without warrant.
| ||||||
17 | (a) Any law enforcement officer may
make an arrest without
| ||||||
18 | warrant if the officer has probable cause to believe that the | ||||||
19 | person has
committed or is committing any crime, including but | ||||||
20 | not limited to
violation of an order of protection, under | ||||||
21 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961, even if | ||||||
22 | the crime was not committed in the presence of the
officer.
| ||||||
23 | (b) The law enforcement officer may verify the existence of | ||||||
24 | an order of
protection by telephone or radio communication with | ||||||
25 | his or her law enforcement
agency or by referring to the copy |
| |||||||
| |||||||
1 | of the order provided by the petitioner
or respondent.
| ||||||
2 | (c) Any law enforcement officer may make an arrest without | ||||||
3 | warrant if the
officer has reasonable grounds to believe a | ||||||
4 | defendant at liberty under
the provisions of subdivision (d)(1) | ||||||
5 | or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||||||
6 | of 1963 has violated a condition of
his or her bail bond or | ||||||
7 | recognizance.
| ||||||
8 | (Source: P.A. 88-624, eff. 1-1-95.)
| ||||||
9 | Section 995. The Probate Act of 1975 is amended by changing | ||||||
10 | Sections 2-6.2 and 2-6.6 as follows:
| ||||||
11 | (755 ILCS 5/2-6.2)
| ||||||
12 | Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||||
13 | elderly person
or a person with a disability. | ||||||
14 | (a) In this Section:
| ||||||
15 | "Abuse" means any offense described in Section 12-21 or | ||||||
16 | subsection (b) of Section 12-4.4a of the Criminal Code of
1961.
| ||||||
17 | "Financial exploitation" means any offense described in | ||||||
18 | Section 16-1.3 of the
Criminal Code of 1961.
| ||||||
19 | "Neglect" means any offense described in Section 12-19 or | ||||||
20 | subsection (a) of Section 12-4.4a of the Criminal Code
of 1961.
| ||||||
21 | (b) Persons convicted of financial exploitation,
abuse, or | ||||||
22 | neglect of an elderly person or a person with a disability | ||||||
23 | shall not
receive
any property, benefit, or other interest by | ||||||
24 | reason of the
death of that elderly person or person with a |
| |||||||
| |||||||
1 | disability, whether as heir,
legatee,
beneficiary, survivor, | ||||||
2 | appointee, claimant under Section 18-1.1, or in any other | ||||||
3 | capacity
and whether the property, benefit, or other interest | ||||||
4 | passes
pursuant to any form of title registration, testamentary | ||||||
5 | or
nontestamentary instrument, intestacy, renunciation, or any
| ||||||
6 | other circumstance. The property, benefit, or other
interest | ||||||
7 | shall pass as if the person convicted of the
financial | ||||||
8 | exploitation, abuse, or neglect died before the
decedent, | ||||||
9 | provided that with respect to joint tenancy
property the | ||||||
10 | interest possessed prior to the death by the
person convicted | ||||||
11 | of the financial exploitation, abuse, or
neglect shall not be
| ||||||
12 | diminished by the application of this Section. Notwithstanding | ||||||
13 | the
foregoing, a person convicted of financial exploitation, | ||||||
14 | abuse, or neglect of
an elderly person or a person with a | ||||||
15 | disability shall be entitled to receive
property, a benefit, or | ||||||
16 | an
interest in any capacity and under any circumstances | ||||||
17 | described in this
subsection (b) if it is demonstrated by clear | ||||||
18 | and convincing evidence that the
victim of that offense knew of | ||||||
19 | the conviction and subsequent to the
conviction expressed or | ||||||
20 | ratified his or her intent to transfer the property,
benefit, | ||||||
21 | or interest to the person convicted of financial exploitation, | ||||||
22 | abuse,
or
neglect of an elderly person or a person with a | ||||||
23 | disability in any manner
contemplated by this subsection
(b).
| ||||||
24 | (c) (1) The holder of any property subject to the
| ||||||
25 | provisions of this Section shall not be liable for
| ||||||
26 | distributing or releasing the property to the person
|
| |||||||
| |||||||
1 | convicted of financial exploitation, abuse, or neglect of
| ||||||
2 | an elderly person or a person with a disability if the | ||||||
3 | distribution or release
occurs
prior to the conviction.
| ||||||
4 | (2) If the holder is a financial institution, trust | ||||||
5 | company, trustee, or
similar entity or person, the holder | ||||||
6 | shall not be liable for any distribution
or
release of the | ||||||
7 | property, benefit, or other interest to the person | ||||||
8 | convicted of
a
violation of Section 12-19, 12-21, or | ||||||
9 | 16-1.3 , or subsection (a) or (b) of Section 12-4.4a, of the | ||||||
10 | Criminal Code of 1961
unless the holder knowingly | ||||||
11 | distributes or releases the property, benefit, or
other | ||||||
12 | interest to the person so convicted after first having | ||||||
13 | received actual
written notice of the conviction in | ||||||
14 | sufficient time to act upon the notice.
| ||||||
15 | (d) If the holder of any property subject to the
provisions | ||||||
16 | of this Section knows that a potential beneficiary has been
| ||||||
17 | convicted of financial
exploitation, abuse, or neglect of an | ||||||
18 | elderly person or a person with a
disability within
the scope | ||||||
19 | of this Section, the holder shall fully cooperate
with law | ||||||
20 | enforcement authorities and judicial officers in
connection | ||||||
21 | with any investigation of the financial
exploitation, abuse, or | ||||||
22 | neglect. If the holder is a person or entity that is
subject to | ||||||
23 | regulation by a regulatory agency pursuant to the laws of this | ||||||
24 | or
any other state or pursuant to the laws of the United | ||||||
25 | States, including but not
limited to the business of a | ||||||
26 | financial institution, corporate fiduciary, or
insurance |
| |||||||
| |||||||
1 | company, then such person or entity shall not be deemed to be | ||||||
2 | in
violation of this Section to the extent that privacy laws | ||||||
3 | and regulations
applicable to such person or entity prevent it | ||||||
4 | from voluntarily providing law
enforcement authorities or | ||||||
5 | judicial officers with information.
| ||||||
6 | (Source: P.A. 95-315, eff. 1-1-08.)
| ||||||
7 | (755 ILCS 5/2-6.6)
| ||||||
8 | Sec. 2-6.6.
Person convicted of certain offenses against | ||||||
9 | the elderly or
disabled. A person who is convicted of a | ||||||
10 | violation of Section 12-19, 12-21, or
16-1.3 , or subsection (a) | ||||||
11 | or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not | ||||||
12 | receive any property, benefit, or
other interest by reason of | ||||||
13 | the death of the victim of that offense, whether as
heir, | ||||||
14 | legatee, beneficiary, joint tenant, tenant by the entirety, | ||||||
15 | survivor,
appointee, or in any other capacity and whether the | ||||||
16 | property, benefit, or other
interest passes pursuant to any | ||||||
17 | form of title registration, testamentary or
nontestamentary | ||||||
18 | instrument, intestacy, renunciation, or any other | ||||||
19 | circumstance.
The property, benefit, or other interest shall | ||||||
20 | pass as if the person convicted
of a violation of Section | ||||||
21 | 12-19, 12-21, or 16-1.3 , or subsection (a) or (b) of Section | ||||||
22 | 12-4.4a, of the Criminal Code of 1961
died before the decedent; | ||||||
23 | provided that with respect to joint tenancy property
or | ||||||
24 | property held in tenancy by the entirety, the interest | ||||||
25 | possessed prior to
the death by the person convicted may not
be |
| |||||||
| |||||||
1 | diminished by the application of this Section. Notwithstanding | ||||||
2 | the
foregoing, a person convicted of a violation of Section | ||||||
3 | 12-19, 12-21, or 16-1.3 , or subsection (a) or (b) of Section | ||||||
4 | 12-4.4a,
of the Criminal Code of 1961 shall be entitled to | ||||||
5 | receive property, a
benefit, or an interest in any capacity and | ||||||
6 | under any circumstances described
in this Section if it is | ||||||
7 | demonstrated by clear and convincing evidence that the
victim | ||||||
8 | of that offense knew of the conviction and subsequent to the
| ||||||
9 | conviction expressed or ratified his or her intent to transfer | ||||||
10 | the property,
benefit, or interest to the person convicted of a | ||||||
11 | violation of Section 12-19,
12-21, or 16-1.3 , or subsection (a) | ||||||
12 | or (b) of Section 12-4.4a, of the Criminal Code of 1961 in any | ||||||
13 | manner contemplated
by 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 , or subsection (a) or (b) of Section 12-4.4a, | ||||||
18 | of the Criminal
Code of 1961.
| ||||||
19 | If the holder is a financial institution, trust company, | ||||||
20 | trustee, or
similar entity or person, the holder shall not be | ||||||
21 | liable for any distribution
or
release of the property, | ||||||
22 | benefit, or other interest to the person convicted of
a | ||||||
23 | violation of Section 12-19, 12-21, or 16-1.3 , or subsection (a) | ||||||
24 | or (b) of Section 12-4.4a, of the Criminal Code of 1961
unless | ||||||
25 | the holder knowingly distributes or releases the property, | ||||||
26 | benefit, or
other interest to the person so convicted after |
| |||||||
| |||||||
1 | first having received actual
written notice of the conviction | ||||||
2 | in sufficient time to act upon the notice.
| ||||||
3 | The Department of State Police shall have access to State | ||||||
4 | of Illinois
databases containing information that may help in | ||||||
5 | the identification or
location of persons convicted of the | ||||||
6 | offenses enumerated in this Section.
Interagency agreements | ||||||
7 | shall be implemented, consistent with security and
procedures | ||||||
8 | established by the State agency and consistent with the laws
| ||||||
9 | governing the confidentiality of the information in the | ||||||
10 | databases. Information
shall be used only for administration of | ||||||
11 | this Section.
| ||||||
12 | (Source: P.A. 93-301, eff. 1-1-04.)
| ||||||
13 | Article 95. | ||||||
14 | Section 9995. No acceleration or delay. Where this Act | ||||||
15 | makes changes in a statute that is represented in this Act by | ||||||
16 | text that is not yet or no longer in effect (for example, a | ||||||
17 | Section represented by multiple versions), the use of that text | ||||||
18 | does not accelerate or delay the taking effect of (i) the | ||||||
19 | changes made by this Act or (ii) provisions derived from any | ||||||
20 | other Public Act. | ||||||
21 | Article 99.
| ||||||
22 | Section 9999. Effective date. This Act takes effect January |
| |||||||
| |||||||
1 | 1, 2011.".
|