Sen. Kirk W. Dillard
Filed: 5/6/2010
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1 | AMENDMENT TO HOUSE BILL 6195
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2 | AMENDMENT NO. ______. Amend House Bill 6195, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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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) |
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1 | SUBDIVISION 1. DEFINITIONS | ||||||
2 | (720 ILCS 5/12-0.1 new)
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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 |
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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. |
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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 |
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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
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9 | (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
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10 | Sec. 12-1. Assault.
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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.
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14 | (b) Sentence. Assault is a Class C misdemeanor.
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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.
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24 | This subsection does not apply when the court imposes a |
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1 | sentence of
incarceration.
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2 | (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
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3 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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4 | Sec. 12-2. Aggravated assault.
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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 |
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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. |
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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 |
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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:
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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
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22 | officer or fireman from performing his official duties, or | ||||||
23 | in retaliation
for the officer or fireman performing his | ||||||
24 | official duties;
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25 | (2) Is hooded, robed or masked in such manner as to | ||||||
26 | conceal his
identity or any device manufactured and |
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1 | designed to be substantially
similar in appearance to a | ||||||
2 | firearm;
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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;
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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;
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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
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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
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25 | being interviewed or investigated in the employees' | ||||||
26 | discharge of his
duties, or on grounds adjacent thereto, or |
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1 | is in any part of a building in
which the applicant, | ||||||
2 | recipient, or other such person resides or is located;
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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;
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14 | (7) Knows the individual assaulted to be
an emergency | ||||||
15 | medical technician - ambulance, emergency medical
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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,
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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 |
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1 | driver, or other medical assistance or first aid personnel
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2 | performing his official duties;
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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
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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;
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12 | (9) Or the individual assaulted is on or about a public | ||||||
13 | way, public
property, or public place of accommodation or | ||||||
14 | amusement;
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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;
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25 | (10) Knows the individual assaulted to be an employee | ||||||
26 | of the State of
Illinois, a municipal corporation therein |
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1 | or a political subdivision
thereof, engaged in the | ||||||
2 | performance of his authorized duties as such
employee;
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3 | (11) Knowingly and without legal justification, | ||||||
4 | commits an assault on
a physically handicapped person;
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5 | (12) Knowingly and without legal justification, | ||||||
6 | commits an assault on a
person 60 years of age or older;
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7 | (13) Discharges a firearm, other than from a motor | ||||||
8 | vehicle;
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9 | (13.5) Discharges a firearm from a motor vehicle;
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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;
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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
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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;
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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;
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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;
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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 |
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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
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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
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21 | an independent contractor working on behalf of a
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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 |
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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.
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8 | (b) Sentence.
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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
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18 | paragraphs (6), (7), (16), and (18) of subsection (a) of this
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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.
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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. |
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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 |
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| |||||||
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. |
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| |||||||
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 |
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| |||||||
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, |
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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, |
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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 |
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| |||||||
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 |
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| |||||||
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. |
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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 |
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| |||||||
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:
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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
|
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| |||||||
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 |
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| |||||||
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 |
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| |||||||
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
|
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| |||||||
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 2. | ||||||
14 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
15 | the headings of Subdivisions 1, 5, 10, 15, 20, and 25 of | ||||||
16 | Article 11, by adding Sections 11-0.1, 11-9.1A, 11-14.3, and | ||||||
17 | 11-14.4, by changing Sections 11-6, 11-6.5, 11-9.1, 11-9.2, | ||||||
18 | 11-9.3, 11-9.5, 11-11, 11-14, 11-14.1, 11-18, 11-18.1, 11-20, | ||||||
19 | 11-20.1, 11-20.2, 11-21, 11-23, and 11-24, and by renumbering | ||||||
20 | and changing Sections 11-7, 11-8, 11-9, 11-12, 11-20.3, 12-13, | ||||||
21 | 12-14, 12-14.1, 12-15, 12-16, 12-17, 12-18, and 12-18.1 as | ||||||
22 | follows: | ||||||
23 | (720 ILCS 5/Art. 11 Subdiv. 1 heading new)
|
| |||||||
| |||||||
1 | SUBDIVISION 1. GENERAL DEFINITIONS | ||||||
2 | (720 ILCS 5/11-0.1 new) | ||||||
3 | Sec. 11-0.1. Definitions. In this Article, unless the | ||||||
4 | context clearly requires otherwise, the following terms are | ||||||
5 | defined as indicated: | ||||||
6 | "Accused" means a person accused of an offense prohibited | ||||||
7 | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | ||||||
8 | this Code or a person for whose conduct the accused is legally | ||||||
9 | responsible under Article 5 of this Code. | ||||||
10 | "Adult obscenity or child pornography Internet site". See | ||||||
11 | Section 11-23. | ||||||
12 | "Advance prostitution" means: | ||||||
13 | (1) Soliciting for a prostitute by performing any of | ||||||
14 | the following acts when acting other than as a prostitute | ||||||
15 | or a patron of a prostitute: | ||||||
16 | (A) Soliciting another for the purpose of | ||||||
17 | prostitution. | ||||||
18 | (B) Arranging or offering to arrange a meeting of | ||||||
19 | persons for the purpose of prostitution. | ||||||
20 | (C) Directing another to a place knowing the | ||||||
21 | direction is for the purpose of prostitution. | ||||||
22 | (2) Keeping a place of prostitution by controlling or | ||||||
23 | exercising control over the use of any place that could | ||||||
24 | offer seclusion or shelter for the practice of prostitution | ||||||
25 | and performing any of the following acts when acting other |
| |||||||
| |||||||
1 | than as a prostitute or a patron of a prostitute: | ||||||
2 | (A) Knowingly granting or permitting the use of the | ||||||
3 | place for the purpose of prostitution. | ||||||
4 | (B) Granting or permitting the use of the place | ||||||
5 | under circumstances from which he or she could | ||||||
6 | reasonably know that the place is used or is to be used | ||||||
7 | for purposes of prostitution. | ||||||
8 | (C) Permitting the continued use of the place after | ||||||
9 | becoming aware of facts or circumstances from which he | ||||||
10 | or she should reasonably know that the place is being | ||||||
11 | used for purposes of prostitution. | ||||||
12 | "Agency". See Section 11-9.5. | ||||||
13 | "Arranges". See Section 11-6.5. | ||||||
14 | "Bodily harm" means physical harm, and includes, but is not | ||||||
15 | limited to, sexually transmitted disease, pregnancy, and | ||||||
16 | impotence. | ||||||
17 | "Care and custody". See Section 11-9.5. | ||||||
18 | "Child care institution". See Section 11-9.3. | ||||||
19 | "Child pornography". See Section 11-20.1. | ||||||
20 | "Child sex offender". See Section 11-9.3. | ||||||
21 | "Community agency". See Section 11-9.5. | ||||||
22 | "Conditional release". See Section 11-9.2. | ||||||
23 | "Consent". See Section 11-1.70. | ||||||
24 | "Custody". See Section 11-9.2. | ||||||
25 | "Day care center". See Section 11-9.3. | ||||||
26 | "Depict by computer". See Section 11-20.1. |
| |||||||
| |||||||
1 | "Depiction by computer". See Section 11-20.1. | ||||||
2 | "Disseminate". See Section 11-20.1. | ||||||
3 | "Distribute". See Section 11-21. | ||||||
4 | "Family member" means a parent, grandparent, child, aunt, | ||||||
5 | uncle, great-aunt, or great-uncle, whether by whole blood, | ||||||
6 | half-blood, or adoption, and includes a step-grandparent, | ||||||
7 | step-parent, or step-child. "Family member" also means, if the | ||||||
8 | victim is a child under 18 years of age, an accused who has | ||||||
9 | resided in the household with the child continuously for at | ||||||
10 | least 6 months. | ||||||
11 | "Force or threat of force" means the use of force or | ||||||
12 | violence or the threat of force or violence, including, but not | ||||||
13 | limited to, the following situations: | ||||||
14 | (1) when the accused threatens to use force or violence | ||||||
15 | on the victim or on any other person, and the victim under | ||||||
16 | the circumstances reasonably believes that the accused has | ||||||
17 | the ability to execute that threat; or | ||||||
18 | (2) when the accused overcomes the victim by use of | ||||||
19 | superior strength or size, physical restraint, or physical | ||||||
20 | confinement. | ||||||
21 | "Harmful to minors". See Section 11-21. | ||||||
22 | "Loiter". See Section 9.3. | ||||||
23 | "Material". See Section 11-21. | ||||||
24 | "Minor". See Section 11-21. | ||||||
25 | "Nudity". See Section 11-21. | ||||||
26 | "Obscene". See Section 11-20. |
| |||||||
| |||||||
1 | "Part day child care facility". See Section 11-9.3. | ||||||
2 | "Penal system". See Section 11-9.2. | ||||||
3 | "Person responsible for the child's welfare". See Section | ||||||
4 | 11-9.1A. | ||||||
5 | "Person with a disability". See Section 11-9.5. | ||||||
6 | "Playground". See Section 11-9.3. | ||||||
7 | "Probation officer". See Section 11-9.2. | ||||||
8 | "Produce". See Section 11-20.1. | ||||||
9 | "Profit from prostitution" means, when acting other than as | ||||||
10 | a prostitute, to receive anything of value for personally | ||||||
11 | rendered prostitution services or to receive anything of value | ||||||
12 | from a prostitute, if the thing received is not for lawful | ||||||
13 | consideration and the person knows it was earned in whole or in | ||||||
14 | part from the practice of prostitution. | ||||||
15 | "Public park". See Section 11-9.3. | ||||||
16 | "Public place". See Section 11-30. | ||||||
17 | "Reproduce". See Section 11-20.1. | ||||||
18 | "Sado-masochistic abuse". See Section 11-21. | ||||||
19 | "School". See Section 11-9.3. | ||||||
20 | "School official". See Section 11-9.3. | ||||||
21 | "Sexual abuse". See Section 11-9.1A. | ||||||
22 | "Sexual act". See Section 11-9.1. | ||||||
23 | "Sexual conduct" means any knowing touching or fondling by | ||||||
24 | the victim or the accused, either directly or through clothing, | ||||||
25 | of the sex organs, anus, or breast of the victim or the | ||||||
26 | accused, or any part of the body of a child under 13 years of |
| |||||||
| |||||||
1 | age, or any transfer or transmission of semen by the accused | ||||||
2 | upon any part of the clothed or unclothed body of the victim, | ||||||
3 | for the purpose of sexual gratification or arousal of the | ||||||
4 | victim or the accused. | ||||||
5 | "Sexual excitement". See Section 11-21. | ||||||
6 | "Sexual penetration" means any contact, however slight, | ||||||
7 | between the sex organ or anus of one person and an object or | ||||||
8 | the sex organ, mouth, or anus of another person, or any | ||||||
9 | intrusion, however slight, of any part of the body of one | ||||||
10 | person or of any animal or object into the sex organ or anus of | ||||||
11 | another person, including, but not limited to, cunnilingus, | ||||||
12 | fellatio, or anal penetration. Evidence of emission of semen is | ||||||
13 | not required to prove sexual penetration. | ||||||
14 | "Solicit". See Section 11-6. | ||||||
15 | "State-operated facility". See Section 11-9.5. | ||||||
16 | "Supervising officer". See Section 11-9.2. | ||||||
17 | "Surveillance agent". See Section 11-9.2. | ||||||
18 | "Treatment and detention facility". See Section 11-9.2. | ||||||
19 | "Victim" means a person alleging to have been subjected to | ||||||
20 | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | ||||||
21 | 11-1.50, or 11-1.60 of this Code. | ||||||
22 | (720 ILCS 5/Art. 11 Subdiv. 5 heading new)
| ||||||
23 | SUBDIVISION 5. SEXUAL MISCONDUCT OFFENSES
| ||||||
24 | (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
|
| |||||||
| |||||||
1 | Sec. 11-1.10. 12-18. General provisions concerning | ||||||
2 | offenses described in Sections 11-1.20 through 11-1.60. | ||||||
3 | Provisions.
| ||||||
4 | (a) No person accused of violating Section 11-1.20, | ||||||
5 | 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14, | ||||||
6 | 12-15 or 12-16
of this Code shall be presumed to be incapable | ||||||
7 | of committing an offense
prohibited by Section 11-1.20, | ||||||
8 | 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14, | ||||||
9 | 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | ||||||
10 | condition or relationship to the victim , except as
otherwise | ||||||
11 | provided in subsection (c) of this Section . Nothing in this | ||||||
12 | Section
shall be construed to modify or abrogate the | ||||||
13 | affirmative defense of infancy
under Section 6-1 of this Code | ||||||
14 | or the provisions of Section 5-805 of the
Juvenile Court Act of | ||||||
15 | 1987.
| ||||||
16 | (b) Any medical examination or procedure which is conducted | ||||||
17 | by a physician,
nurse, medical or hospital personnel, parent, | ||||||
18 | or caretaker for purposes
and in a manner consistent with | ||||||
19 | reasonable medical standards is not an offense
under Section | ||||||
20 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, | ||||||
21 | 12-14, 12-14.1, 12-15 and 12-16 of this Code.
| ||||||
22 | (c) (Blank).
| ||||||
23 | (d) (Blank).
| ||||||
24 | (e) After a finding at a preliminary hearing that there is | ||||||
25 | probable
cause to believe that an accused has committed a | ||||||
26 | violation of Section 11-1.20, 11-1.30, or 11-1.40
12-13, 12-14, |
| |||||||
| |||||||
1 | or 12-14.1 of this Code, or after an indictment is returned
| ||||||
2 | charging an accused with a violation of Section 11-1.20, | ||||||
3 | 11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1 of
this Code,
or | ||||||
4 | after a finding that a defendant charged with a violation of | ||||||
5 | Section 11-1.20, 11-1.30, or 11-1.40
12-13, 12-14, or 12-14.1 | ||||||
6 | of this Code is unfit to stand trial pursuant to
Section 104-16 | ||||||
7 | of the Code of
Criminal Procedure of 1963 where the finding is | ||||||
8 | made prior to preliminary
hearing,
at the request of the person | ||||||
9 | who was the victim of the violation of
Section 11-1.20, | ||||||
10 | 11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1 , the prosecuting | ||||||
11 | State's attorney shall seek
an order from the court to compel | ||||||
12 | the accused to be tested within 48 hours for any sexually
| ||||||
13 | transmissible disease, including a test for infection with
| ||||||
14 | human immunodeficiency virus (HIV). The medical tests shall be
| ||||||
15 | performed only
by appropriately licensed medical | ||||||
16 | practitioners. The test for infection with
human | ||||||
17 | immunodeficiency virus (HIV) shall consist of an
enzyme-linked | ||||||
18 | immunosorbent assay (ELISA) test, or such other test as may
be | ||||||
19 | approved by the Illinois Department of Public Health; in the | ||||||
20 | event of a
positive result, the Western Blot Assay or a more | ||||||
21 | reliable confirmatory
test shall be administered. The results | ||||||
22 | of the tests and any follow-up tests shall be
kept
strictly | ||||||
23 | confidential by all medical personnel involved in the testing | ||||||
24 | and
must be personally delivered in a sealed envelope to the | ||||||
25 | victim, to the defendant, to the State's Attorney, and to the
| ||||||
26 | judge who entered the order, for the judge's inspection in |
| |||||||
| |||||||
1 | camera. The judge shall provide to the victim a referral to the | ||||||
2 | Illinois Department of Public Health HIV/AIDS toll-free | ||||||
3 | hotline for counseling and information in connection with the | ||||||
4 | test result. Acting
in accordance with the best interests of | ||||||
5 | the victim and the public, the
judge shall have the discretion | ||||||
6 | to determine to whom, if anyone, the result
of the testing may | ||||||
7 | be revealed; however, in no case shall the identity of
the | ||||||
8 | victim be disclosed. The court shall order that the cost of the | ||||||
9 | tests
shall be paid by the county, and shall be taxed as costs | ||||||
10 | against the accused
if convicted.
| ||||||
11 | (f) Whenever any law enforcement officer has reasonable | ||||||
12 | cause to believe
that a person has been delivered a controlled | ||||||
13 | substance without his or her
consent, the law enforcement | ||||||
14 | officer shall advise the victim about seeking
medical treatment | ||||||
15 | and preserving evidence.
| ||||||
16 | (g) Every hospital providing emergency hospital services | ||||||
17 | to an alleged
sexual assault survivor, when there is reasonable
| ||||||
18 | cause to believe that a person has been delivered a controlled | ||||||
19 | substance
without his or her consent, shall designate personnel | ||||||
20 | to provide:
| ||||||
21 | (1) An explanation to the victim about the nature and | ||||||
22 | effects of commonly
used controlled substances and how such | ||||||
23 | controlled substances are administered.
| ||||||
24 | (2) An offer to the victim of testing for the presence | ||||||
25 | of such controlled
substances.
| ||||||
26 | (3) A disclosure to the victim that all controlled |
| |||||||
| |||||||
1 | substances or alcohol
ingested by the victim will be | ||||||
2 | disclosed by the test.
| ||||||
3 | (4) A statement that the test is completely voluntary.
| ||||||
4 | (5) A form for written authorization for sample | ||||||
5 | analysis of all controlled
substances and alcohol ingested | ||||||
6 | by the victim.
| ||||||
7 | A physician licensed to practice medicine in all its | ||||||
8 | branches may agree to
be a designated person under this | ||||||
9 | subsection.
| ||||||
10 | No sample analysis may be performed unless the victim
| ||||||
11 | returns a signed written authorization within 30 days
after the | ||||||
12 | sample was
collected.
| ||||||
13 | Any medical treatment or care under this subsection shall | ||||||
14 | be only in
accordance with the order of a physician licensed to | ||||||
15 | practice medicine in all
of its branches. Any testing under | ||||||
16 | this subsection shall be only in accordance
with the order of a | ||||||
17 | licensed individual authorized to order the testing.
| ||||||
18 | (Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
| ||||||
19 | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
| ||||||
20 | Sec. 11-1.20. 12-13. Criminal Sexual Assault.
| ||||||
21 | (a) A person commits criminal sexual assault if that person | ||||||
22 | commits an act of sexual penetration and: | ||||||
23 | (1) uses force or threat of force; | ||||||
24 | (2) knows that the victim is unable to understand the | ||||||
25 | nature of the act or is unable to give knowing consent; |
| |||||||
| |||||||
1 | (3) is a family member of the victim, and the victim is | ||||||
2 | under 18 years of age; or | ||||||
3 | (4) is 17 years of age or over and holds a position of | ||||||
4 | trust, authority, or supervision in relation to the victim, | ||||||
5 | and the victim is at least 13 years of age but under 18 | ||||||
6 | years of age. The accused commits criminal sexual assault | ||||||
7 | if he or she:
| ||||||
8 | (1) commits an act of sexual penetration by the use of | ||||||
9 | force or threat of
force; or
| ||||||
10 | (2) commits an act of sexual penetration and the | ||||||
11 | accused knew that the
victim was unable to understand the | ||||||
12 | nature of the act or was unable to give
knowing consent; or
| ||||||
13 | (3) commits an act of sexual penetration with a victim | ||||||
14 | who was under 18
years of age when the act was committed | ||||||
15 | and the accused was a family
member; or
| ||||||
16 | (4) commits an act of sexual penetration with a victim | ||||||
17 | who was at
least 13 years of age but under 18 years of age | ||||||
18 | when the act was committed
and the accused was 17 years of | ||||||
19 | age or over and held a position of trust,
authority or | ||||||
20 | supervision in relation to the victim.
| ||||||
21 | (b) Sentence.
| ||||||
22 | (1) Criminal sexual assault is a Class 1 felony , except | ||||||
23 | that: .
| ||||||
24 | (A) (2) A person who is convicted of the offense of | ||||||
25 | criminal sexual assault as
defined in paragraph (a)(1) | ||||||
26 | or (a)(2) after having previously been convicted of
the |
| |||||||
| |||||||
1 | offense of criminal sexual assault or the offense of | ||||||
2 | exploitation of a child, or who is convicted of the | ||||||
3 | offense of
criminal sexual assault as defined in | ||||||
4 | paragraph (a)(1) or (a)(2) after having
previously | ||||||
5 | been convicted under the laws of this State or any | ||||||
6 | other state of an
offense that is substantially | ||||||
7 | equivalent to the offense of criminal sexual
assault or | ||||||
8 | to the offense of exploitation of a child, commits a | ||||||
9 | Class X felony for which the person shall be sentenced | ||||||
10 | to a
term of imprisonment of not less than 30 years and | ||||||
11 | not more than 60 years. The
commission of the second or | ||||||
12 | subsequent offense is required to have been after
the | ||||||
13 | initial conviction for this paragraph (A) (2) to apply.
| ||||||
14 | (B) (3) A person who is convicted of the offense of | ||||||
15 | criminal sexual assault as
defined in paragraph (a)(1) | ||||||
16 | or (a)(2) after having previously been convicted of
the | ||||||
17 | offense of aggravated criminal sexual assault or the | ||||||
18 | offense of predatory
criminal sexual assault of a | ||||||
19 | child, or who is convicted of the offense of
criminal | ||||||
20 | sexual assault as defined in paragraph (a)(1) or (a)(2) | ||||||
21 | after having
previously been convicted under the laws | ||||||
22 | of this State or any other state of an
offense that is | ||||||
23 | substantially equivalent to the offense of aggravated | ||||||
24 | criminal
sexual assault or the offense of criminal | ||||||
25 | predatory criminal sexual assault of a child shall be
| ||||||
26 | sentenced to a term of natural life imprisonment. The |
| |||||||
| |||||||
1 | commission of the second
or subsequent offense is | ||||||
2 | required to have been after the initial conviction for
| ||||||
3 | this paragraph (B) (3) to apply.
| ||||||
4 | (C) (4) A second or subsequent conviction for a | ||||||
5 | violation of paragraph
(a)(3) or (a)(4) or under any | ||||||
6 | similar statute of this State
or any other state for | ||||||
7 | any offense involving criminal sexual assault that is
| ||||||
8 | substantially equivalent to or more serious than the | ||||||
9 | sexual assault prohibited
under paragraph (a)(3) or | ||||||
10 | (a)(4) is a Class X felony.
| ||||||
11 | (5) When a person has any such prior conviction, the | ||||||
12 | information or
indictment charging that person shall state | ||||||
13 | such prior conviction so as to give
notice of the State's | ||||||
14 | intention to treat the charge as a Class X felony. The
fact | ||||||
15 | of such prior conviction is not an element of the offense | ||||||
16 | and may not be
disclosed to the jury during trial unless | ||||||
17 | otherwise permitted by issues
properly raised during such | ||||||
18 | trial.
| ||||||
19 | (Source: P.A. 95-640, eff. 6-1-08 .)
| ||||||
20 | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
| ||||||
21 | Sec. 11-1.30 12-14 . Aggravated Criminal Sexual Assault.
| ||||||
22 | (a) A person commits aggravated criminal sexual assault if | ||||||
23 | that person commits criminal sexual assault and any of the | ||||||
24 | following aggravating circumstances exist during the | ||||||
25 | commission of the offense or, for purposes of paragraph (7), |
| |||||||
| |||||||
1 | occur as part of the same course of conduct as the commission | ||||||
2 | of the offense: | ||||||
3 | (1) the person displays, threatens to use, or uses a | ||||||
4 | dangerous weapon, other than a firearm, or any other object | ||||||
5 | fashioned or used in a manner that leads the victim, under | ||||||
6 | the circumstances, reasonably to believe that the object is | ||||||
7 | a dangerous weapon; | ||||||
8 | (2) the person causes bodily harm to the victim, except | ||||||
9 | as provided in paragraph (10); | ||||||
10 | (3) the person acts in a manner that threatens or | ||||||
11 | endangers the life of the victim or any other person; | ||||||
12 | (4) the person commits the criminal sexual assault | ||||||
13 | during the course of committing or attempting to commit any | ||||||
14 | other felony; | ||||||
15 | (5) the victim is 60 years of age or older; | ||||||
16 | (6) the victim is a physically handicapped person; | ||||||
17 | (7) the person delivers (by injection, inhalation, | ||||||
18 | ingestion, transfer of possession, or any other means) any | ||||||
19 | controlled substance to the victim without the victim's | ||||||
20 | consent or by threat or deception for other than medical | ||||||
21 | purposes; | ||||||
22 | (8) the person is armed with a firearm; | ||||||
23 | (9) the person personally discharges a firearm during | ||||||
24 | the commission of the offense; or | ||||||
25 | (10) the person personally discharges a firearm during | ||||||
26 | the commission of the offense, and that discharge |
| |||||||
| |||||||
1 | proximately causes great bodily harm, permanent | ||||||
2 | disability, permanent disfigurement, or death to another | ||||||
3 | person. The accused commits
aggravated criminal sexual | ||||||
4 | assault if he or she commits criminal sexual
assault and | ||||||
5 | any of the following aggravating circumstances existed | ||||||
6 | during, or
for the purposes of paragraph (7) of this | ||||||
7 | subsection (a)
as part of the same course of conduct as, | ||||||
8 | the commission of the offense:
| ||||||
9 | (1) the accused displayed, threatened to use, or used a | ||||||
10 | dangerous
weapon, other than a firearm, or any object | ||||||
11 | fashioned or utilized in such a
manner as to lead the | ||||||
12 | victim under the circumstances reasonably to believe it
to | ||||||
13 | be a dangerous weapon; or
| ||||||
14 | (2) the accused caused bodily harm, except as provided | ||||||
15 | in subsection
(a)(10), to the victim; or
| ||||||
16 | (3) the accused acted in such a manner as to threaten | ||||||
17 | or endanger the
life of the victim or any other person; or
| ||||||
18 | (4) the criminal sexual assault was perpetrated during | ||||||
19 | the course of
the commission or attempted commission of any | ||||||
20 | other felony by the accused; or
| ||||||
21 | (5) the victim was 60 years of age or over when the | ||||||
22 | offense was committed;
or
| ||||||
23 | (6) the victim was a physically handicapped person; or
| ||||||
24 | (7) the accused delivered (by injection, inhalation, | ||||||
25 | ingestion, transfer
of possession, or any other means) to | ||||||
26 | the victim without his or her consent, or
by threat or |
| |||||||
| |||||||
1 | deception, and for other than medical purposes, any | ||||||
2 | controlled
substance; or
| ||||||
3 | (8) the accused was armed with a firearm; or
| ||||||
4 | (9) the accused personally discharged a firearm during | ||||||
5 | the commission of
the offense; or
| ||||||
6 | (10) the accused, during the commission of the offense, | ||||||
7 | personally
discharged a firearm that proximately caused | ||||||
8 | great bodily harm, permanent
disability, permanent | ||||||
9 | disfigurement, or death to another person.
| ||||||
10 | (b) A person The accused commits aggravated criminal sexual | ||||||
11 | assault if
that person is the accused was under 17 years of age | ||||||
12 | and : (i) commits an act of
sexual penetration with a victim who | ||||||
13 | is was under 9 years of age when the act
was committed ; or (ii) | ||||||
14 | commits an act of sexual penetration with a victim
who is was | ||||||
15 | at least 9 years of age but under 13 years of age when the act | ||||||
16 | was
committed and the person uses accused used force or threat | ||||||
17 | of force to commit the act.
| ||||||
18 | (c) A person The accused commits aggravated criminal sexual | ||||||
19 | assault if that person he or
she commits an act of sexual | ||||||
20 | penetration with a victim who is was a severely or
profoundly | ||||||
21 | mentally retarded person at the
time the act was committed .
| ||||||
22 | (d) Sentence.
| ||||||
23 | (1) Aggravated criminal sexual assault in violation of | ||||||
24 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
25 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
26 | felony.
A violation of subsection (a)(1) is a Class X |
| |||||||
| |||||||
1 | felony for which 10 years shall
be added to the term of | ||||||
2 | imprisonment imposed by the court. A violation of
| ||||||
3 | subsection (a)(8) is a Class X felony for which 15 years | ||||||
4 | shall be added to the
term of imprisonment imposed by the | ||||||
5 | court. A violation of
subsection (a)(9) is a Class X felony | ||||||
6 | for which 20 years shall be added to the
term of | ||||||
7 | imprisonment imposed by the court. A violation of | ||||||
8 | subsection (a)(10) is
a Class X felony for which 25 years | ||||||
9 | or up to a term of natural life
imprisonment shall be added | ||||||
10 | to
the term of imprisonment imposed by the court.
| ||||||
11 | (2) A person who is convicted of a second or subsequent | ||||||
12 | offense of
aggravated criminal sexual assault, or who is | ||||||
13 | convicted of the offense of
aggravated
criminal sexual | ||||||
14 | assault after having previously been convicted of the | ||||||
15 | offense
of criminal sexual assault or the offense of | ||||||
16 | predatory criminal sexual assault
of a child, or who is | ||||||
17 | convicted of the offense of aggravated criminal sexual
| ||||||
18 | assault after having previously been convicted under the | ||||||
19 | laws of this or any
other state of an offense that is | ||||||
20 | substantially equivalent to the offense of
criminal sexual
| ||||||
21 | assault, the offense of aggravated criminal sexual assault | ||||||
22 | or the offense of
predatory criminal sexual assault of a | ||||||
23 | child, shall be sentenced to a term of
natural life | ||||||
24 | imprisonment.
The commission of the second or subsequent | ||||||
25 | offense is required to have been
after the initial | ||||||
26 | conviction for this paragraph (2) to apply.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | ||||||
2 | eff.
12-19-01; 92-721, eff. 1-1-03 .)
| ||||||
3 | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| ||||||
4 | Sec. 11-1.40 12-14.1 . Predatory criminal sexual assault of | ||||||
5 | a child.
| ||||||
6 | (a) A person commits predatory criminal sexual assault of a | ||||||
7 | child if that person commits an act of sexual penetration, is | ||||||
8 | 17 years of age or older, and: | ||||||
9 | (1) the victim is under 13 years of age; or | ||||||
10 | (2) the victim is under 13 years of age and that | ||||||
11 | person: | ||||||
12 | (A) is armed with a firearm; | ||||||
13 | (B) personally discharges a firearm during the | ||||||
14 | commission of the offense; | ||||||
15 | (C) causes great bodily harm to the victim that: | ||||||
16 | (i) results in permanent disability; or | ||||||
17 | (ii) is life threatening; or | ||||||
18 | (D) delivers (by injection, inhalation, ingestion, | ||||||
19 | transfer of possession, or any other means) any | ||||||
20 | controlled substance to the victim without the | ||||||
21 | victim's consent or by threat or deception, for other | ||||||
22 | than medical purposes. The accused commits predatory | ||||||
23 | criminal sexual assault of a
child if:
| ||||||
24 | (1) the accused was 17 years of age or over and commits | ||||||
25 | an act of sexual
penetration with a victim who was under 13 |
| |||||||
| |||||||
1 | years of age when the act was
committed; or
| ||||||
2 | (1.1) the accused was 17 years of age or over and, | ||||||
3 | while armed with a
firearm, commits an act of sexual | ||||||
4 | penetration with a victim who was under 13
years of age | ||||||
5 | when the act was committed; or
| ||||||
6 | (1.2) the accused was 17 years of age or over and | ||||||
7 | commits an act of sexual
penetration with a victim who was | ||||||
8 | under 13 years of age when the act was
committed and, | ||||||
9 | during the commission of the offense, the accused | ||||||
10 | personally
discharged a firearm; or
| ||||||
11 | (2) the accused was 17 years of age or over and commits | ||||||
12 | an act
of sexual
penetration with a victim who was under 13 | ||||||
13 | years of age when the act was
committed and the accused | ||||||
14 | caused great bodily harm to the victim that:
| ||||||
15 | (A) resulted in permanent disability; or
| ||||||
16 | (B) was life threatening; or
| ||||||
17 | (3) the accused was 17 years of age or over and commits | ||||||
18 | an act of
sexual penetration with a victim who was under 13 | ||||||
19 | years of age when the act was
committed and the accused | ||||||
20 | delivered (by injection, inhalation, ingestion,
transfer | ||||||
21 | of possession, or any other means) to the victim without | ||||||
22 | his or her
consent, or by threat or deception,
and for | ||||||
23 | other than medical
purposes, any
controlled substance.
| ||||||
24 | (b) Sentence.
| ||||||
25 | (1) A person convicted of a violation of subsection | ||||||
26 | (a)(1)
commits a Class X felony, for which the person shall |
| |||||||
| |||||||
1 | be sentenced to a term of imprisonment of not less than 6 | ||||||
2 | years and not more than 60 years.
A person convicted of a | ||||||
3 | violation of subsection (a)(2)(A) (a)(1.1) commits a Class | ||||||
4 | X
felony for which 15 years shall be added to the term of | ||||||
5 | imprisonment imposed by
the court. A person convicted of a | ||||||
6 | violation of subsection (a)(2)(B) (a)(1.2) commits a
Class | ||||||
7 | X felony for which 20 years shall be added to the term of | ||||||
8 | imprisonment
imposed by the court. A person convicted of a | ||||||
9 | violation of subsection (a)(2)(C) (a)(2)
commits a Class X | ||||||
10 | felony for which the person shall be sentenced to a term of
| ||||||
11 | imprisonment of not less than 50 years or up to a term of | ||||||
12 | natural life
imprisonment.
| ||||||
13 | (1.1) A person convicted of a violation of subsection | ||||||
14 | (a)(2)(D) (a)(3) commits a
Class X felony for which the | ||||||
15 | person
shall be
sentenced to a
term of imprisonment of not | ||||||
16 | less than 50 years and not more than 60 years.
| ||||||
17 | (1.2) A person convicted of predatory criminal sexual | ||||||
18 | assault of a child
committed
against 2 or more persons | ||||||
19 | regardless of whether the offenses occurred as the
result | ||||||
20 | of the same act or of several related or unrelated acts | ||||||
21 | shall be
sentenced to a term of natural life imprisonment.
| ||||||
22 | (2) A person who is convicted of a second or subsequent | ||||||
23 | offense of
predatory criminal sexual assault of a child, or | ||||||
24 | who is convicted of the
offense of
predatory criminal | ||||||
25 | sexual assault of a child after having previously been
| ||||||
26 | convicted of the offense of criminal sexual assault or the |
| |||||||
| |||||||
1 | offense of
aggravated criminal sexual assault, or who is | ||||||
2 | convicted of the offense of
predatory criminal sexual | ||||||
3 | assault of a child after having previously been
convicted | ||||||
4 | under the laws of this State
or any other state of an | ||||||
5 | offense that is substantially equivalent to the
offense
of | ||||||
6 | predatory criminal sexual assault of a child, the offense | ||||||
7 | of aggravated
criminal sexual assault or the offense of | ||||||
8 | criminal sexual assault, shall be
sentenced to a term of | ||||||
9 | natural life imprisonment.
The commission of the second or | ||||||
10 | subsequent offense is required to have been
after the | ||||||
11 | initial conviction for this paragraph (2) to apply.
| ||||||
12 | (Source: P.A. 95-640, eff. 6-1-08 .)
| ||||||
13 | (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
| ||||||
14 | Sec. 11-1.50 12-15 . Criminal sexual abuse.
| ||||||
15 | (a) A person The accused commits criminal sexual abuse if | ||||||
16 | that person he or she :
| ||||||
17 | (1) commits an act of sexual conduct by the use of | ||||||
18 | force or threat of
force; or
| ||||||
19 | (2) commits an act of sexual conduct and knows the | ||||||
20 | accused
knew that the victim is was unable to understand | ||||||
21 | the nature of the act or
is was unable to give knowing | ||||||
22 | consent.
| ||||||
23 | (b) A person The accused commits criminal sexual abuse if
| ||||||
24 | that person is the accused was under 17 years of age and | ||||||
25 | commits an act of sexual
penetration or sexual conduct with a |
| |||||||
| |||||||
1 | victim who is was at least 9 years of age
but under 17 years of | ||||||
2 | age when the act was committed .
| ||||||
3 | (c) A person The accused commits criminal sexual abuse if | ||||||
4 | that person he or she commits an
act of sexual penetration or | ||||||
5 | sexual conduct with a victim who is was at least
13 years of | ||||||
6 | age but under 17 years of age and the person is accused was | ||||||
7 | less than 5
years older than the victim.
| ||||||
8 | (d) Sentence. Criminal sexual abuse
for a violation of | ||||||
9 | subsection (b) or
(c) of this Section
is a Class A misdemeanor.
| ||||||
10 | Criminal sexual abuse for a violation of paragraph (1) or (2)
| ||||||
11 | of subsection (a) of this Section is a Class 4 felony.
A second
| ||||||
12 | or subsequent conviction
for a violation of subsection (a) of | ||||||
13 | this Section is a Class 2 felony.
For purposes of this
Section | ||||||
14 | it is a second or subsequent conviction if
the accused has at | ||||||
15 | any
time been convicted under this Section or under any similar | ||||||
16 | statute of this
State or any other state for any offense | ||||||
17 | involving sexual abuse or sexual
assault that is substantially | ||||||
18 | equivalent to or more serious than the sexual
abuse prohibited | ||||||
19 | under this Section.
| ||||||
20 | (Source: P.A. 91-389, eff. 1-1-00.)
| ||||||
21 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| ||||||
22 | Sec. 11-1.60 12-16 . Aggravated Criminal Sexual Abuse.
| ||||||
23 | (a) A person commits aggravated criminal sexual abuse if | ||||||
24 | that person commits criminal sexual abuse and any of the | ||||||
25 | following aggravating circumstances exist (i) during the |
| |||||||
| |||||||
1 | commission of the offense or (ii) for purposes of paragraph | ||||||
2 | (7), as part of the same course of conduct as the commission of | ||||||
3 | the offense: | ||||||
4 | (1) the person displays, threatens to use, or uses a | ||||||
5 | dangerous weapon or any other object fashioned or used in a | ||||||
6 | manner that leads the victim, under the circumstances, | ||||||
7 | reasonably to believe that the object is a dangerous | ||||||
8 | weapon; | ||||||
9 | (2) the person causes bodily harm to the victim; | ||||||
10 | (3) the victim is 60 years of age or older; | ||||||
11 | (4) the victim is a physically handicapped person; | ||||||
12 | (5) the person acts in a manner that threatens or | ||||||
13 | endangers the life of the victim or any other person; | ||||||
14 | (6) the person commits the criminal sexual abuse during | ||||||
15 | the course of committing or attempting to commit any other | ||||||
16 | felony; or | ||||||
17 | (7) the person delivers (by injection, inhalation, | ||||||
18 | ingestion, transfer of possession, or any other means) any | ||||||
19 | controlled substance to the victim for other than medical | ||||||
20 | purposes without the victim's consent or by threat or | ||||||
21 | deception. The accused commits aggravated criminal sexual | ||||||
22 | abuse if he or she
commits criminal sexual abuse as defined | ||||||
23 | in subsection (a) of Section 12-15
of this Code and any of | ||||||
24 | the following aggravating
circumstances existed during, or | ||||||
25 | for the purposes of paragraph (7) of this
subsection (a) as | ||||||
26 | part of the same course of conduct as, the commission of
|
| |||||||
| |||||||
1 | the
offense:
| ||||||
2 | (1) the accused displayed, threatened to use or used a | ||||||
3 | dangerous weapon
or any object fashioned or utilized in | ||||||
4 | such a manner as to lead the victim
under the circumstances | ||||||
5 | reasonably to believe it to be a dangerous weapon; or
| ||||||
6 | (2) the accused caused bodily harm to the victim; or
| ||||||
7 | (3) the victim was 60 years of age or over when the | ||||||
8 | offense was committed;
or
| ||||||
9 | (4) the victim was a physically handicapped person; or
| ||||||
10 | (5) the accused acted in such a manner as to threaten | ||||||
11 | or endanger the
life of the victim or any other person; or
| ||||||
12 | (6) the criminal sexual abuse was perpetrated during | ||||||
13 | the course of the
commission or attempted commission of any | ||||||
14 | other felony by the accused; or
| ||||||
15 | (7) the accused delivered (by injection, inhalation, | ||||||
16 | ingestion, transfer
of possession, or any other means) to | ||||||
17 | the victim without his or her consent, or
by threat or | ||||||
18 | deception,
and for other than medical
purposes, any
| ||||||
19 | controlled substance.
| ||||||
20 | (b) A person The accused commits aggravated criminal sexual | ||||||
21 | abuse if that person he or she
commits an act of sexual conduct | ||||||
22 | with a victim who is was under 18
years of age when the act was | ||||||
23 | committed
and the person is accused was a family member.
| ||||||
24 | (c) A person The accused commits aggravated criminal sexual | ||||||
25 | abuse if:
| ||||||
26 | (1) that person is the accused was 17 years of age or |
| |||||||
| |||||||
1 | over and : (i) commits an act of
sexual
conduct with a | ||||||
2 | victim who is was under 13 years of age when the
act was | ||||||
3 | committed ; or
(ii) commits an act of sexual conduct with a | ||||||
4 | victim who is was at least 13
years of age but under 17 | ||||||
5 | years of age when the act was committed and the
person uses | ||||||
6 | accused used force or threat of force to commit the act; or
| ||||||
7 | (2) that person is the accused was under 17 years of | ||||||
8 | age and : (i) commits an act of
sexual conduct with a victim | ||||||
9 | who is was under 9 years of age when the act was
committed ; | ||||||
10 | or (ii) commits an act of sexual conduct with a victim who | ||||||
11 | is was
at least 9 years of age but under 17 years of age | ||||||
12 | when the act was
committed and the person uses accused used | ||||||
13 | force or threat of force to commit the act.
| ||||||
14 | (d) A person The accused commits aggravated criminal sexual | ||||||
15 | abuse if that person he or she
commits an act of sexual | ||||||
16 | penetration or sexual conduct with a victim
who is was at least | ||||||
17 | 13
years of age but under 17 years of age and the person is | ||||||
18 | accused was at least 5 years
older than the victim.
| ||||||
19 | (e) A person The accused commits aggravated criminal sexual | ||||||
20 | abuse if that person he or she
commits an act of sexual conduct | ||||||
21 | with a victim who is was a
severely or profoundly mentally | ||||||
22 | retarded person at the time the act was
committed .
| ||||||
23 | (f) A person The accused commits aggravated criminal sexual | ||||||
24 | abuse if
that person he or she commits an act of sexual conduct | ||||||
25 | with a victim who is was at least
13 years of age but under 18 | ||||||
26 | years of age when the act was committed and
the person is |
| |||||||
| |||||||
1 | accused was 17 years of age or over and holds held a position | ||||||
2 | of trust,
authority , or supervision in relation to the victim.
| ||||||
3 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
4 | felony.
| ||||||
5 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
6 | (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
| ||||||
7 | Sec. 11-1.70 12-17 . Defenses with respect to offenses | ||||||
8 | described in Sections 11-1.20 through 11-1.60 .
| ||||||
9 | (a) It shall be a defense to any offense under Section | ||||||
10 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 12-13 through
| ||||||
11 | 12-16 of this Code where force or threat of force is an element | ||||||
12 | of the
offense that the victim consented. "Consent" means a | ||||||
13 | freely given
agreement to the act of sexual penetration or | ||||||
14 | sexual conduct in question.
Lack of verbal or physical | ||||||
15 | resistance or submission by the victim resulting
from the use | ||||||
16 | of force or threat of force by the accused shall not
constitute | ||||||
17 | consent. The manner of dress of the victim at the time of the
| ||||||
18 | offense shall not constitute consent.
| ||||||
19 | (b) It shall be a defense under subsection (b) and | ||||||
20 | subsection (c) of
Section 11-1.50 12-15 and subsection (d) of | ||||||
21 | Section 11-1.60 12-16 of this Code that the
accused reasonably | ||||||
22 | believed the person to be 17 years of age or over.
| ||||||
23 | (c) A person who initially consents to sexual penetration | ||||||
24 | or sexual
conduct
is not deemed to have consented to any sexual | ||||||
25 | penetration or sexual
conduct that occurs after he or she |
| |||||||
| |||||||
1 | withdraws consent during the course of
that sexual penetration | ||||||
2 | or sexual conduct.
| ||||||
3 | (Source: P.A. 93-389, eff. 7-25-03.)
| ||||||
4 | (720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
| ||||||
5 | Sec. 11-1.80 12-18.1 . Civil Liability. | ||||||
6 | (a) If any person has been convicted of
any offense defined | ||||||
7 | in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, | ||||||
8 | 12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such | ||||||
9 | offense has a cause of action for damages against any
person or | ||||||
10 | entity who, by the manufacture, production, or wholesale
| ||||||
11 | distribution of any obscene material which was possessed or | ||||||
12 | viewed by the
person convicted of the offense, proximately | ||||||
13 | caused such person, through his
or her reading or viewing of | ||||||
14 | the obscene material, to commit the violation
of Section | ||||||
15 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
16 | 12-14.1, 12-15, or 12-16. No victim may recover in any
such | ||||||
17 | action unless he or she proves by a preponderance of the | ||||||
18 | evidence
that: (1) the reading or viewing of the specific | ||||||
19 | obscene material
manufactured, produced, or distributed | ||||||
20 | wholesale by the defendant
proximately caused the person | ||||||
21 | convicted of the violation of Section 11-1.20, 11-1.30, | ||||||
22 | 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or | ||||||
23 | 12-16 to commit such violation and (2) the defendant knew
or | ||||||
24 | had reason to know that the manufacture, production, or | ||||||
25 | wholesale
distribution of such material was likely to cause a |
| |||||||
| |||||||
1 | violation of an offense substantially
of the type enumerated.
| ||||||
2 | (b) The manufacturer, producer or wholesale distributor | ||||||
3 | shall be liable
to the victim for:
| ||||||
4 | (1) actual damages incurred by the victim, including | ||||||
5 | medical costs;
| ||||||
6 | (2) court costs and reasonable attorneys fees;
| ||||||
7 | (3) infliction of emotional distress;
| ||||||
8 | (4) pain and suffering; and
| ||||||
9 | (5) loss of consortium.
| ||||||
10 | (c) Every action under this Section shall be commenced | ||||||
11 | within 3 years
after the conviction of the defendant for a | ||||||
12 | violation of Section 11-1.20, 11-1.30, 11-1.50, 11-1.60, | ||||||
13 | 12-13,
12-14, 12-15 or 12-16 of this Code. However, if the | ||||||
14 | victim was under the
age of 18 years at the time of the | ||||||
15 | conviction of the defendant for a
violation of Section 11-1.20, | ||||||
16 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, | ||||||
17 | 12-15 or 12-16 of this Code, an action
under this Section shall | ||||||
18 | be commenced within 3 years after the victim
attains the age of | ||||||
19 | 18 years.
| ||||||
20 | (d) For the purposes of this Section:
| ||||||
21 | (1) "obscene" has the meaning ascribed to it in subsection | ||||||
22 | (b) of
Section 11-20 of this Code;
| ||||||
23 | (2) "wholesale distributor" means any individual, | ||||||
24 | partnership,
corporation, association, or other legal entity | ||||||
25 | which stands between the
manufacturer and the retail seller in | ||||||
26 | purchases, consignments, contracts
for sale or rental of the |
| |||||||
| |||||||
1 | obscene material;
| ||||||
2 | (3) "producer" means any individual, partnership, | ||||||
3 | corporation,
association, or other legal entity which finances | ||||||
4 | or supervises, to any
extent, the production or making of | ||||||
5 | obscene material;
| ||||||
6 | (4) "manufacturer" means any individual, partnership, | ||||||
7 | corporation,
association, or other legal entity which | ||||||
8 | manufacturers, assembles or
produces obscene material.
| ||||||
9 | (Source: P.A. 86-857.)
| ||||||
10 | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| ||||||
11 | Sec. 11-6. Indecent solicitation of a child.
| ||||||
12 | (a) A person of the age of 17 years and upwards commits the | ||||||
13 | offense of
indecent solicitation of a child if the person, with | ||||||
14 | the intent that the
offense of aggravated criminal sexual | ||||||
15 | assault, criminal sexual assault,
predatory criminal sexual | ||||||
16 | assault of a child, or aggravated criminal sexual
abuse be | ||||||
17 | committed, knowingly solicits a child or one whom he or she | ||||||
18 | believes
to be a child to perform an act of sexual penetration | ||||||
19 | or sexual conduct as
defined in Section 11-0.1 12-12 of this | ||||||
20 | Code.
| ||||||
21 | (a-5) A person of the age of 17 years and upwards commits | ||||||
22 | the offense of
indecent solicitation of a child if the person | ||||||
23 | knowingly discusses an act of sexual conduct or sexual | ||||||
24 | penetration with a child or with one whom he or she believes
to | ||||||
25 | be a child by means of the Internet with the intent that the |
| |||||||
| |||||||
1 | offense of aggravated criminal sexual assault, predatory | ||||||
2 | criminal sexual assault of a child, or aggravated criminal | ||||||
3 | sexual abuse be committed. | ||||||
4 | (a-6) It is not a defense to subsection (a-5) that the | ||||||
5 | person did not solicit the child to perform sexual conduct or | ||||||
6 | sexual penetration with the person.
| ||||||
7 | (b) Definitions. As used in this Section:
| ||||||
8 | "Solicit" means to command, authorize, urge, incite, | ||||||
9 | request, or
advise another to perform an act by any means | ||||||
10 | including, but not limited to, in
person, over the phone, | ||||||
11 | in writing, by computer, or by advertisement of any
kind.
| ||||||
12 | "Child" means a person under 17 years of age.
| ||||||
13 | "Internet" has the meaning set forth in Section 16J-5 | ||||||
14 | of this Code means an interactive computer service or | ||||||
15 | system or an
information service, system, or access | ||||||
16 | software provider that provides or
enables computer access | ||||||
17 | by multiple users to a computer server, and includes,
but | ||||||
18 | is not limited to, an information service, system, or | ||||||
19 | access software
provider that provides access to a network | ||||||
20 | system commonly known as the
Internet, or any comparable | ||||||
21 | system or service and also includes, but is not
limited to, | ||||||
22 | a World Wide Web page, newsgroup, message board, mailing | ||||||
23 | list, or
chat area on any interactive computer service or | ||||||
24 | system or other online
service .
| ||||||
25 | "Sexual penetration" or "sexual conduct" are defined | ||||||
26 | in Section 11-0.1 12-12 of this Code.
|
| |||||||
| |||||||
1 | (c) Sentence. Indecent solicitation of a child under | ||||||
2 | subsection (a) is:
| ||||||
3 | (1) a Class 1 felony when the act, if done, would be | ||||||
4 | predatory criminal
sexual assault of a child or aggravated | ||||||
5 | criminal sexual assault;
| ||||||
6 | (2) a Class 2 felony when the act, if done, would be | ||||||
7 | criminal sexual
assault;
| ||||||
8 | (3) a Class 3 felony when the act, if done, would be | ||||||
9 | aggravated criminal
sexual abuse.
| ||||||
10 | Indecent solicitation of a child under subsection (a-5) is | ||||||
11 | a Class 4 felony.
| ||||||
12 | (Source: P.A. 95-143, eff. 1-1-08.)
| ||||||
13 | (720 ILCS 5/11-6.5)
| ||||||
14 | Sec. 11-6.5. Indecent solicitation of an adult.
| ||||||
15 | (a) A person commits indecent solicitation of an adult if | ||||||
16 | the person knowingly :
| ||||||
17 | (1) Arranges for a person 17 years of age or over to | ||||||
18 | commit an act of
sexual penetration as defined in Section | ||||||
19 | 11-0.1 12-12 with a person:
| ||||||
20 | (i) Under the age of 13 years; or
| ||||||
21 | (ii) Thirteen years of age or over but under the | ||||||
22 | age of 17 years; or
| ||||||
23 | (2) Arranges for a person 17 years of age or over to | ||||||
24 | commit an act of
sexual conduct as defined in Section | ||||||
25 | 11-0.1 12-12 with a person:
|
| |||||||
| |||||||
1 | (i) Under the age of 13 years; or
| ||||||
2 | (ii) Thirteen years of age or older but under the | ||||||
3 | age of 17 years.
| ||||||
4 | (b) Sentence.
| ||||||
5 | (1) Violation of paragraph (a)(1)(i) is a Class X | ||||||
6 | felony.
| ||||||
7 | (2) Violation of paragraph (a)(1)(ii) is a Class 1 | ||||||
8 | felony.
| ||||||
9 | (3) Violation of
paragraph (a)(2)(i) is a Class 2 | ||||||
10 | felony.
| ||||||
11 | (4) Violation of paragraph (a)(2)(ii)
is a Class A | ||||||
12 | misdemeanor.
| ||||||
13 | (c) For the purposes of this Section, "arranges" includes | ||||||
14 | but is not
limited to oral or written communication and
| ||||||
15 | communication by telephone, computer, or other electronic | ||||||
16 | means. "Computer"
has the meaning ascribed to it in Section | ||||||
17 | 16D-2 of this Code.
| ||||||
18 | (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
| ||||||
19 | (720 ILCS 5/Art. 11 Subdiv. 10 heading new)
| ||||||
20 | SUBDIVISION 10. VULNERABLE VICTIM OFFENSES
| ||||||
21 | (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
| ||||||
22 | Sec. 11-9.1. Sexual exploitation of a child.
| ||||||
23 | (a) A Any person commits sexual exploitation of a child if | ||||||
24 | in the presence
of a child and with intent or knowledge that a |
| |||||||
| |||||||
1 | child would view his or her
acts, that person:
| ||||||
2 | (1) engages in a sexual act; or
| ||||||
3 | (2) exposes his or her sex organs, anus or breast for | ||||||
4 | the purpose of
sexual arousal or gratification of such | ||||||
5 | person or the child.
| ||||||
6 | (a-5) A person commits sexual exploitation of a child who | ||||||
7 | knowingly
entices, coerces, or persuades a child to remove the | ||||||
8 | child's clothing for the
purpose of sexual arousal or | ||||||
9 | gratification of the person or the child, or
both.
| ||||||
10 | (b) Definitions. As used in this Section:
| ||||||
11 | "Sexual act" means masturbation, sexual conduct or sexual | ||||||
12 | penetration
as defined in Section 11-0.1 12-12 of this Code.
| ||||||
13 | "Sex offense" means any violation
of
Article 11 of this | ||||||
14 | Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
| ||||||
15 | 12-16, or 12-16.2 of this Code.
| ||||||
16 | "Child" means a person under 17 years of age.
| ||||||
17 | (c) Sentence.
| ||||||
18 | (1) Sexual exploitation of a child is a Class A | ||||||
19 | misdemeanor. A second
or subsequent violation of this | ||||||
20 | Section or a substantially similar law of another state is | ||||||
21 | a Class 4 felony.
| ||||||
22 | (2) Sexual exploitation of a child is a Class 4 felony | ||||||
23 | if the person has
been previously convicted of a sex | ||||||
24 | offense. | ||||||
25 | (3) Sexual exploitation of a child is a Class 4 felony | ||||||
26 | if the victim was under 13 years of age at the time of the |
| |||||||
| |||||||
1 | commission of the offense.
| ||||||
2 | (Source: P.A. 94-140, eff. 7-7-05.)
| ||||||
3 | (720 ILCS 5/11-9.1A new)
| ||||||
4 | Sec. 11-9.1A. Permitting sexual abuse of a child. | ||||||
5 | (a) A person responsible for a child's welfare commits
| ||||||
6 | permitting sexual
abuse of a child if the person has actual | ||||||
7 | knowledge of and permits an act of
sexual
abuse upon the
child, | ||||||
8 | or permits the child to engage in prostitution as
defined in | ||||||
9 | Section
11-14 of the Criminal Code of 1961. | ||||||
10 | (b) In this Section: | ||||||
11 | "Actual knowledge" includes credible allegations made by | ||||||
12 | the child. | ||||||
13 | "Child" means a minor under the age of 17 years. | ||||||
14 | "Person responsible for the child's welfare" means the | ||||||
15 | child's parent,
step-parent, legal guardian, or other person | ||||||
16 | having custody of a child, who is
responsible
for the child's | ||||||
17 | care at the time of the alleged sexual abuse. | ||||||
18 | "Prostitution" means prostitution as defined in Section | ||||||
19 | 11-14 of the
Criminal Code of 1961. | ||||||
20 | "Sexual abuse" includes criminal sexual abuse or criminal | ||||||
21 | sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
22 | 11-1.50, or 11-1.60 of the Criminal Code of
1961. | ||||||
23 | (c) This Section does not apply to a person responsible for | ||||||
24 | the child's
welfare who, having
reason to believe that sexual | ||||||
25 | abuse has occurred, makes timely and reasonable
efforts to
stop |
| |||||||
| |||||||
1 | the sexual abuse by reporting the sexual abuse in conformance | ||||||
2 | with the
Abused and
Neglected Child Reporting Act or by | ||||||
3 | reporting the sexual abuse, or causing a
report to be made,
to | ||||||
4 | medical or
law enforcement authorities or anyone who is a | ||||||
5 | mandated reporter under Section
4
of the Abused and Neglected | ||||||
6 | Child Reporting Act. | ||||||
7 | (d) Whenever a law enforcement officer has reason to | ||||||
8 | believe that the child
or the
person responsible for the | ||||||
9 | child's welfare has been abused by a family or
household member | ||||||
10 | as defined by the Illinois Domestic Violence Act of 1986, the
| ||||||
11 | officer
shall immediately use all reasonable means to prevent | ||||||
12 | further abuse under
Section 112A-30 of the Code of Criminal | ||||||
13 | Procedure of 1963. | ||||||
14 | (e) An order of protection under Section 111-8 of the Code | ||||||
15 | of Criminal
Procedure of 1963 shall be sought in all cases | ||||||
16 | where there is reason to believe
that a child has been sexually | ||||||
17 | abused by a family or household member. In
considering | ||||||
18 | appropriate available remedies, it shall be presumed that | ||||||
19 | awarding
physical care or custody to the abuser is not in the | ||||||
20 | child's best interest. | ||||||
21 | (f) A person may not be charged with the offense of | ||||||
22 | permitting sexual abuse
of a child under this Section until the | ||||||
23 | person who committed the offense is
charged with criminal | ||||||
24 | sexual assault, aggravated criminal sexual assault,
predatory
| ||||||
25 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
26 | aggravated
criminal sexual
abuse, or prostitution. |
| |||||||
| |||||||
1 | (g) A person convicted of permitting the sexual abuse of a | ||||||
2 | child is
guilty
of a Class 1
felony.
As
a condition of any | ||||||
3 | sentence of supervision, probation, conditional discharge,
or | ||||||
4 | mandatory
supervised release, any person convicted under this | ||||||
5 | Section shall be ordered to
undergo
child sexual abuse, | ||||||
6 | domestic violence, or other appropriate
counseling for a
| ||||||
7 | specified duration with a qualified social or mental health | ||||||
8 | worker. | ||||||
9 | (h) It is an affirmative defense to a charge of permitting | ||||||
10 | sexual abuse of a
child under this Section that the person | ||||||
11 | responsible for the child's welfare
had
a reasonable | ||||||
12 | apprehension that timely action to stop the abuse or | ||||||
13 | prostitution
would result in the imminent infliction of death, | ||||||
14 | great bodily harm, permanent
disfigurement, or permanent | ||||||
15 | disability to that person or another in retaliation
for | ||||||
16 | reporting.
| ||||||
17 | (720 ILCS 5/11-9.2)
| ||||||
18 | Sec. 11-9.2. Custodial sexual misconduct.
| ||||||
19 | (a) A person commits the offense of custodial sexual | ||||||
20 | misconduct
when: (1) he or
she is an employee of a penal system | ||||||
21 | and engages in sexual conduct or sexual
penetration with a | ||||||
22 | person who is in the custody of that penal system or (2)
he or | ||||||
23 | she is an employee of a treatment and detention facility and | ||||||
24 | engages in
sexual conduct or sexual penetration with a person | ||||||
25 | who is in the custody of
that
treatment and detention facility.
|
| |||||||
| |||||||
1 | (b) A probation or supervising officer or surveillance | ||||||
2 | agent commits the
offense of custodial
sexual misconduct when | ||||||
3 | the probation or supervising officer or surveillance
agent | ||||||
4 | engages in sexual
conduct or sexual penetration with a | ||||||
5 | probationer, parolee, or releasee or
person serving a term of | ||||||
6 | conditional release who is
under the supervisory, | ||||||
7 | disciplinary, or custodial authority of the
officer or agent so
| ||||||
8 | engaging in the sexual conduct or sexual penetration.
| ||||||
9 | (c) Custodial sexual misconduct is a Class 3 felony.
| ||||||
10 | (d) Any person convicted of violating this Section | ||||||
11 | immediately shall forfeit
his or her employment with a penal | ||||||
12 | system, treatment and detention facility,
or conditional | ||||||
13 | release program.
| ||||||
14 | (e) For purposes of this Section, the consent of the | ||||||
15 | probationer, parolee,
releasee, or inmate in custody of the | ||||||
16 | penal system or person detained or
civilly committed under the | ||||||
17 | Sexually Violent Persons Commitment Act
shall not be a defense | ||||||
18 | to a
prosecution under this Section. A person is deemed | ||||||
19 | incapable of consent, for
purposes of this Section, when he or | ||||||
20 | she is a probationer, parolee, releasee,
or inmate in custody | ||||||
21 | of a penal system or person detained or civilly
committed under | ||||||
22 | the Sexually Violent Persons Commitment Act.
| ||||||
23 | (f) This Section does not apply to:
| ||||||
24 | (1) Any employee, probation or supervising officer, or | ||||||
25 | surveillance
agent who is lawfully
married to a person in | ||||||
26 | custody if the marriage occurred before the date of
|
| |||||||
| |||||||
1 | custody.
| ||||||
2 | (2) Any employee, probation or supervising officer, or | ||||||
3 | surveillance
agent who has no knowledge,
and would have no | ||||||
4 | reason to believe, that the person with whom he or she
| ||||||
5 | engaged in custodial sexual misconduct was a person in | ||||||
6 | custody.
| ||||||
7 | (g) In this Section:
| ||||||
8 | (1) "Custody" means:
| ||||||
9 | (i) pretrial incarceration or detention;
| ||||||
10 | (ii) incarceration or detention under a sentence | ||||||
11 | or commitment to a
State or local penal institution;
| ||||||
12 | (iii) parole or mandatory supervised release;
| ||||||
13 | (iv) electronic home detention;
| ||||||
14 | (v) probation;
| ||||||
15 | (vi) detention or civil commitment either in | ||||||
16 | secure care or in the
community under the Sexually | ||||||
17 | Violent Persons Commitment Act.
| ||||||
18 | (2) "Penal system" means any system which includes | ||||||
19 | institutions as defined
in Section 2-14 of this Code or a | ||||||
20 | county shelter care or detention home
established under | ||||||
21 | Section 1 of the County Shelter Care and Detention Home | ||||||
22 | Act.
| ||||||
23 | (2.1) "Treatment and detention facility" means any | ||||||
24 | Department of Human
Services facility established for the | ||||||
25 | detention or civil commitment of persons
under the Sexually | ||||||
26 | Violent Persons Commitment Act.
|
| |||||||
| |||||||
1 | (2.2) "Conditional release" means a program of | ||||||
2 | treatment and services,
vocational services, and alcohol | ||||||
3 | or other drug abuse treatment provided to any
person | ||||||
4 | civilly committed and conditionally released to the | ||||||
5 | community under
the Sexually Violent Persons Commitment | ||||||
6 | Act;
| ||||||
7 | (3) "Employee" means:
| ||||||
8 | (i) an employee of any governmental agency of this | ||||||
9 | State or any county
or
municipal corporation that has | ||||||
10 | by statute, ordinance, or court order the
| ||||||
11 | responsibility for the care, control, or supervision | ||||||
12 | of pretrial or sentenced
persons in a penal system or | ||||||
13 | persons detained or civilly committed under the
| ||||||
14 | Sexually Violent Persons Commitment Act;
| ||||||
15 | (ii) a contractual employee of a penal system as | ||||||
16 | defined in paragraph
(g)(2) of
this Section who works | ||||||
17 | in a penal institution as defined in Section 2-14 of
| ||||||
18 | this Code;
| ||||||
19 | (iii) a contractual employee of a "treatment and | ||||||
20 | detention facility"
as defined in paragraph (g)(2.1) | ||||||
21 | of this Code or a contractual employee of the
| ||||||
22 | Department of Human Services who provides supervision | ||||||
23 | of persons serving a
term of conditional release as | ||||||
24 | defined in paragraph (g)(2.2) of this Code.
| ||||||
25 | (4) "Sexual conduct" or "sexual penetration" means any | ||||||
26 | act of sexual
conduct or sexual penetration as defined in |
| |||||||
| |||||||
1 | Section 11-0.1 12-12 of this Code.
| ||||||
2 | (5) "Probation officer" means any person employed in a | ||||||
3 | probation or court
services department as defined in | ||||||
4 | Section 9b of the Probation and Probation
Officers Act.
| ||||||
5 | (6) "Supervising officer" means any person employed to | ||||||
6 | supervise persons
placed on parole or mandatory supervised | ||||||
7 | release with the duties described in
Section 3-14-2 of the | ||||||
8 | Unified Code of Corrections.
| ||||||
9 | (7) "Surveillance agent" means any person employed or | ||||||
10 | contracted to
supervise persons placed on conditional | ||||||
11 | release in the community under
the Sexually Violent Persons | ||||||
12 | Commitment Act.
| ||||||
13 | (Source: P.A. 92-415, eff. 8-17-01.)
| ||||||
14 | (720 ILCS 5/11-9.3)
| ||||||
15 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
16 | offenders prohibited ; approaching, contacting, residing with, | ||||||
17 | or communicating with a child within certain places by child | ||||||
18 | sex offenders prohibited .
| ||||||
19 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
20 | present in any
school building, on real property comprising any | ||||||
21 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
22 | school to transport students to or from
school or a school | ||||||
23 | related activity when persons under the age of 18 are
present | ||||||
24 | in the building, on the grounds or in
the conveyance, unless | ||||||
25 | the offender is a parent or guardian of a student attending the |
| |||||||
| |||||||
1 | school and the parent or guardian is: (i) attending a | ||||||
2 | conference at the school with school personnel to discuss the | ||||||
3 | progress of his or her child academically or socially, (ii) | ||||||
4 | participating in child review conferences in which evaluation | ||||||
5 | and placement decisions may be made with respect to his or her | ||||||
6 | child regarding special education services, or (iii) attending | ||||||
7 | conferences to discuss other student issues concerning his or | ||||||
8 | her child such as retention and promotion and notifies the | ||||||
9 | principal of the school of his or her presence at the school or | ||||||
10 | unless the
offender has permission to be present from the
| ||||||
11 | superintendent or the school board or in the case of a private | ||||||
12 | school from the
principal. In the case of a public school, if | ||||||
13 | permission is granted, the
superintendent or school board | ||||||
14 | president must inform the principal of the
school where the sex | ||||||
15 | offender will be present. Notification includes the
nature of | ||||||
16 | the sex offender's visit and the hours in which the sex | ||||||
17 | offender will
be present in the school. The sex offender is | ||||||
18 | responsible for notifying the
principal's office when he or she | ||||||
19 | arrives on school property and when he or she
departs from | ||||||
20 | school property. If the sex offender is to be present in the
| ||||||
21 | vicinity of children, the sex offender has the duty to remain | ||||||
22 | under the direct
supervision of a school official. A child sex | ||||||
23 | offender who violates this
provision is
guilty of a Class 4 | ||||||
24 | felony.
| ||||||
25 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
26 | be present within 100 feet of a site posted as a pick-up or |
| |||||||
| |||||||
1 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
2 | a school to transport students to or from school or a school | ||||||
3 | related activity when one or more persons under the age of 18 | ||||||
4 | are present at the site.
| ||||||
5 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
6 | be present in any
public park building or on real property | ||||||
7 | comprising any public park
when persons under the age of
18 are
| ||||||
8 | present in the building or on the grounds
and to approach, | ||||||
9 | contact, or communicate with a child under 18 years of
age,
| ||||||
10 | unless the
offender
is a parent or guardian of a person under | ||||||
11 | 18 years of age present in the
building or on the
grounds. | ||||||
12 | (b) It is unlawful for a child sex offender to knowingly | ||||||
13 | loiter within 500 feet of a school building or real property | ||||||
14 | comprising any school
while persons under the age of 18 are | ||||||
15 | present in the building or on the
grounds,
unless the offender | ||||||
16 | is a parent or guardian of a student attending the school and | ||||||
17 | the parent or guardian is: (i) attending a conference at the | ||||||
18 | school with school personnel to discuss the progress of his or | ||||||
19 | her child academically or socially, (ii) participating in child | ||||||
20 | review conferences in which evaluation and placement decisions | ||||||
21 | may be made with respect to his or her child regarding special | ||||||
22 | education services, or (iii) attending conferences to discuss | ||||||
23 | other student issues concerning his or her child such as | ||||||
24 | retention and promotion and notifies the principal of the | ||||||
25 | school of his or her presence at the school or has permission | ||||||
26 | to be present from the
superintendent or the school board or in |
| |||||||
| |||||||
1 | the case of a private school from the
principal. In the case of | ||||||
2 | a public school, if permission is granted, the
superintendent | ||||||
3 | or school board president must inform the principal of the
| ||||||
4 | school where the sex offender will be present. Notification | ||||||
5 | includes the
nature of the sex offender's visit and the hours | ||||||
6 | in which the sex offender will
be present in the school. The | ||||||
7 | sex offender is responsible for notifying the
principal's | ||||||
8 | office when he or she arrives on school property and when he or | ||||||
9 | she
departs from school property. If the sex offender is to be | ||||||
10 | present in the
vicinity of children, the sex offender has the | ||||||
11 | duty to remain under the direct
supervision of a school | ||||||
12 | official. A child sex offender who violates this
provision is
| ||||||
13 | guilty of a Class 4 felony.
| ||||||
14 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
15 | loiter on a public
way within 500 feet of a public park | ||||||
16 | building or real property comprising any
public park
while | ||||||
17 | persons under the age of 18 are present in the building or on | ||||||
18 | the
grounds
and to approach, contact, or communicate with a | ||||||
19 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
20 | guardian of a person under 18 years of age present in the
| ||||||
21 | building or on the grounds. | ||||||
22 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
23 | reside within
500 feet of a school building or the real | ||||||
24 | property comprising any school that
persons under the age of 18 | ||||||
25 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
26 | offender from residing within 500 feet of a school building or |
| |||||||
| |||||||
1 | the
real property comprising any school that persons under 18 | ||||||
2 | attend if the
property is owned by the child sex offender and | ||||||
3 | was purchased before the
effective date of this amendatory Act | ||||||
4 | of the 91st General Assembly.
| ||||||
5 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
6 | reside within
500 feet of a playground, child care institution, | ||||||
7 | day care center, part day child care facility, or a facility | ||||||
8 | providing programs or services
exclusively directed toward | ||||||
9 | persons under 18 years of age. Nothing in this
subsection | ||||||
10 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
11 | feet
of a playground or a facility providing programs or | ||||||
12 | services exclusively
directed toward persons under 18 years of | ||||||
13 | age if the property is owned by the
child sex offender and was | ||||||
14 | purchased before July 7, 2000. Nothing in this
subsection | ||||||
15 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
16 | feet
of a child care institution, day care center, or part day | ||||||
17 | child care facility if the property is owned by the
child sex | ||||||
18 | offender and was purchased before June 26, 2006. | ||||||
19 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
20 | reside within
500 feet of the victim of the sex offense. | ||||||
21 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
22 | offender from residing within 500 feet
of the victim if the | ||||||
23 | property in which the child sex offender resides is owned by | ||||||
24 | the
child sex offender and was purchased before August 22, | ||||||
25 | 2002. | ||||||
26 | This subsection (b-15) does not apply if the victim of the |
| |||||||
| |||||||
1 | sex offense
is 21 years of age or older. | ||||||
2 | (b-20) It is unlawful for a child sex offender to knowingly | ||||||
3 | communicate, other than for a lawful purpose under Illinois | ||||||
4 | law, using the Internet or any other digital media, with a | ||||||
5 | person under 18 years of age or with a person whom he or she | ||||||
6 | believes to be a person under 18 years of age,
unless the | ||||||
7 | offender
is a parent or guardian of the person under 18 years | ||||||
8 | of age. | ||||||
9 | (c) It is unlawful for a child sex offender to knowingly | ||||||
10 | operate, manage,
be employed by, volunteer at, be associated | ||||||
11 | with, or knowingly be present at
any: (i) facility providing
| ||||||
12 | programs or services exclusively directed toward persons under | ||||||
13 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
14 | facility; (iv) child care institution; or (v) school providing | ||||||
15 | before and after school programs for children under 18 years of | ||||||
16 | age.
This does not prohibit a child sex offender from owning | ||||||
17 | the real property upon
which the programs or services are | ||||||
18 | offered or upon which the day care center, part day child care | ||||||
19 | facility, child care institution, or school providing before | ||||||
20 | and after school programs for children under 18 years of age is | ||||||
21 | located, provided the child sex offender
refrains from being | ||||||
22 | present on the premises for the hours during which: (1) the
| ||||||
23 | programs or services are being offered or (2) the day care | ||||||
24 | center, part day child care facility, child care institution, | ||||||
25 | or school providing before and after school programs for | ||||||
26 | children under 18 years of age is operated. |
| |||||||
| |||||||
1 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, manage, be employed by, or be associated with any | ||||||
3 | county fair when persons under the age of 18 are present. | ||||||
4 | (d) (c) Definitions. In this Section:
| ||||||
5 | (1) "Child sex offender" means any person who:
| ||||||
6 | (i) has been charged under Illinois law, or any | ||||||
7 | substantially similar
federal law
or law of another | ||||||
8 | state, with a sex offense set forth in
paragraph (2) of | ||||||
9 | this subsection (d) (c) or the attempt to commit an | ||||||
10 | included sex
offense, and:
| ||||||
11 | (A) is convicted of such offense or an attempt | ||||||
12 | to commit such offense;
or
| ||||||
13 | (B) is found not guilty by reason of insanity | ||||||
14 | of such offense or an
attempt to commit such | ||||||
15 | offense; or
| ||||||
16 | (C) is found not guilty by reason of insanity | ||||||
17 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
18 | Code of Criminal Procedure of 1963 of such offense
| ||||||
19 | or an attempt to commit such offense; or
| ||||||
20 | (D) is the subject of a finding not resulting | ||||||
21 | in an acquittal at a
hearing conducted pursuant to | ||||||
22 | subsection (a) of Section 104-25 of the Code of
| ||||||
23 | Criminal Procedure of 1963 for the alleged | ||||||
24 | commission or attempted commission
of such | ||||||
25 | offense; or
| ||||||
26 | (E) is found not guilty by reason of insanity |
| |||||||
| |||||||
1 | following a hearing
conducted pursuant to a | ||||||
2 | federal law or the law of another state | ||||||
3 | substantially
similar to subsection (c) of Section | ||||||
4 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
5 | such offense or of the attempted commission of such | ||||||
6 | offense; or
| ||||||
7 | (F) is the subject of a finding not resulting | ||||||
8 | in an acquittal at a
hearing
conducted pursuant to | ||||||
9 | a federal law or the law of another state | ||||||
10 | substantially
similar to subsection (a) of Section | ||||||
11 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
12 | for the alleged violation or attempted commission | ||||||
13 | of such offense; or
| ||||||
14 | (ii) is certified as a sexually dangerous person | ||||||
15 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
16 | Act, or any substantially similar federal
law or the | ||||||
17 | law of another state, when any conduct giving rise to | ||||||
18 | such
certification is committed or attempted against a | ||||||
19 | person less than 18 years of
age; or
| ||||||
20 | (iii) is subject to the provisions of Section 2 of | ||||||
21 | the Interstate
Agreements on Sexually Dangerous | ||||||
22 | Persons Act.
| ||||||
23 | Convictions that result from or are connected with the | ||||||
24 | same act, or result
from offenses committed at the same | ||||||
25 | time, shall be counted for the purpose of
this Section as | ||||||
26 | one conviction. Any conviction set aside pursuant to law is
|
| |||||||
| |||||||
1 | not a conviction for purposes of this Section.
| ||||||
2 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
3 | "sex offense"
means:
| ||||||
4 | (i) A violation of any of the following Sections of | ||||||
5 | the Criminal Code of
1961: 10-7 (aiding or abetting | ||||||
6 | child abduction under Section 10-5(b)(10)),
| ||||||
7 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
8 | criminal sexual assault of a child), 11-6 (indecent | ||||||
9 | solicitation of a child), 11-6.5
(indecent | ||||||
10 | solicitation of an adult),
11-9 (public indecency when | ||||||
11 | committed in a school, on the real property
comprising | ||||||
12 | a school, or on a conveyance, owned, leased, or | ||||||
13 | contracted by a
school to transport students to or from | ||||||
14 | school or a school related activity),
11-9.1 (sexual | ||||||
15 | exploitation of a child), 11-14.4 (promoting juvenile | ||||||
16 | prostitution), 11-15.1 (soliciting for a juvenile
| ||||||
17 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
18 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
19 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
20 | (exploitation of a child), 11-20.1 (child | ||||||
21 | pornography), 11-20.1B 11-20.3 (aggravated child | ||||||
22 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
23 | (predatory criminal sexual assault of a child), 12-33 | ||||||
24 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
25 | that offense was committed in any school, on
real | ||||||
26 | property comprising any school, in any conveyance |
| |||||||
| |||||||
1 | owned,
leased, or contracted by a school to transport | ||||||
2 | students to or from school or a
school related | ||||||
3 | activity , or in a public park ) , 11-30 (public | ||||||
4 | indecency) (when committed in a school, on real | ||||||
5 | property
comprising a school, in any conveyance owned, | ||||||
6 | leased, or contracted by a
school to transport students | ||||||
7 | to or from school or a school related activity, or in a | ||||||
8 | public park) . An attempt to commit any of these | ||||||
9 | offenses.
| ||||||
10 | (ii) A violation of any of the following Sections | ||||||
11 | of the Criminal Code
of 1961, when the victim is a | ||||||
12 | person under 18 years of age: 11-1.20 12-13 (criminal
| ||||||
13 | sexual assault), 11-1.30 12-14 (aggravated criminal | ||||||
14 | sexual assault), 11-1.50 12-15 (criminal
sexual | ||||||
15 | abuse), 11-1.60 12-16 (aggravated criminal sexual | ||||||
16 | abuse). An attempt to commit
any of these offenses.
| ||||||
17 | (iii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code
of 1961, when the victim is a | ||||||
19 | person under 18 years of age and the defendant is
not a | ||||||
20 | parent of the victim:
| ||||||
21 | 10-1 (kidnapping),
| ||||||
22 | 10-2 (aggravated kidnapping),
| ||||||
23 | 10-3 (unlawful restraint),
| ||||||
24 | 10-3.1 (aggravated unlawful restraint).
| ||||||
25 | An attempt to commit any of these offenses.
| ||||||
26 | (iv) A violation of any former law of this State |
| |||||||
| |||||||
1 | substantially
equivalent to any offense listed in | ||||||
2 | clause (2)(i) of subsection (d) (c) of this
Section.
| ||||||
3 | (2.5) For the purposes of subsections subsection (b-5) | ||||||
4 | and (b-10) only, a sex offense means:
| ||||||
5 | (i) A violation of any of the following Sections of | ||||||
6 | the Criminal Code of
1961:
| ||||||
7 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
8 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
9 | 11-1.40 (predatory criminal sexual assault of a | ||||||
10 | child), 11-6 (indecent solicitation of
a
child), | ||||||
11 | 11-6.5 (indecent solicitation of an adult), 11-14.4 | ||||||
12 | (promoting juvenile prostitution), 11-15.1 (soliciting | ||||||
13 | for a
juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
14 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
15 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
16 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
17 | pornography), 11-20.1B 11-20.3 (aggravated child | ||||||
18 | pornography), 12-14.1
(predatory criminal sexual | ||||||
19 | assault of a child), or 12-33 (ritualized abuse of a
| ||||||
20 | child). An attempt
to commit any of
these offenses.
| ||||||
21 | (ii) A violation of any of the following Sections | ||||||
22 | of the Criminal Code
of 1961, when the victim is a | ||||||
23 | person under 18 years of age: 11-1.20 12-13 (criminal
| ||||||
24 | sexual assault), 11-1.30 12-14 (aggravated criminal | ||||||
25 | sexual assault), 11-1.60
12-16 (aggravated criminal | ||||||
26 | sexual abuse), and subsection (a) of Section 11-1.50 |
| |||||||
| |||||||
1 | 12-15
(criminal sexual abuse). An attempt to commit
any | ||||||
2 | of these offenses.
| ||||||
3 | (iii) A violation of any of the following Sections | ||||||
4 | of the Criminal Code
of 1961, when the victim is a | ||||||
5 | person under 18 years of age and the defendant is
not a | ||||||
6 | parent of the victim:
| ||||||
7 | 10-1 (kidnapping),
| ||||||
8 | 10-2 (aggravated kidnapping),
| ||||||
9 | 10-3 (unlawful restraint),
| ||||||
10 | 10-3.1 (aggravated unlawful restraint).
| ||||||
11 | An attempt to commit any of these offenses.
| ||||||
12 | (iv) A violation of any former law of this State | ||||||
13 | substantially
equivalent to any offense listed in this | ||||||
14 | paragraph (2.5) of
this subsection.
| ||||||
15 | (3) A conviction for an offense of federal law or the | ||||||
16 | law of another state
that is substantially equivalent to | ||||||
17 | any offense listed in paragraph (2) of
subsection (d) (c) | ||||||
18 | of this Section shall constitute a conviction for the | ||||||
19 | purpose of
this Section Article . A finding or adjudication | ||||||
20 | as a sexually dangerous person under
any federal law or law | ||||||
21 | of another state that is substantially equivalent to the
| ||||||
22 | Sexually Dangerous Persons Act shall constitute an | ||||||
23 | adjudication for the
purposes of this Section.
| ||||||
24 | (4) "Child care institution" has the meaning ascribed | ||||||
25 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
26 | (5) "Day care center" has the meaning ascribed to it in |
| |||||||
| |||||||
1 | Section 2.09 of the Child Care Act of 1969. | ||||||
2 | (6) "Internet" has the meaning set forth in Section | ||||||
3 | 16J-5 of this Code.
| ||||||
4 | (4) "School" means a public or private
pre-school, | ||||||
5 | elementary, or secondary school.
| ||||||
6 | (7) (5) "Loiter" means:
| ||||||
7 | (i) Standing, sitting idly, whether or not the | ||||||
8 | person is in a vehicle , or
remaining in or around | ||||||
9 | school or public park property.
| ||||||
10 | (ii) Standing, sitting idly, whether or not the | ||||||
11 | person is in a vehicle ,
or remaining in or around | ||||||
12 | school or public park property, for the purpose of | ||||||
13 | committing or
attempting to commit a sex offense.
| ||||||
14 | (iii) Entering or remaining in a building in or | ||||||
15 | around school property, other than the offender's | ||||||
16 | residence. | ||||||
17 | (8) "Part day child care facility" has the meaning | ||||||
18 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
19 | 1969. | ||||||
20 | (9) "Playground" means a piece of land owned or | ||||||
21 | controlled by a unit
of
local government that is designated | ||||||
22 | by the unit of local government for use
solely or primarily | ||||||
23 | for children's recreation. | ||||||
24 | (10) "Public park" includes a park, forest preserve, or
| ||||||
25 | conservation
area
under the jurisdiction of the State or a | ||||||
26 | unit of local government. |
| |||||||
| |||||||
1 | (11) "School" means a public or private preschool or | ||||||
2 | elementary or secondary school.
| ||||||
3 | (12) (6) "School official"
means the principal, a | ||||||
4 | teacher, or any other certified employee of the
school, the | ||||||
5 | superintendent of schools or a member of the school board.
| ||||||
6 | (c-5) For the purposes of this Section, the 500 feet | ||||||
7 | distance shall be measured from the edge of the property of the | ||||||
8 | school building or the real property comprising the school that | ||||||
9 | is closest to the edge of the property of the child sex | ||||||
10 | offender's residence or where he or she is loitering.
| ||||||
11 | (d) Sentence. A person who violates this Section is guilty | ||||||
12 | of a Class 4
felony.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | ||||||
14 | 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; | ||||||
15 | 96-328, eff. 8-11-09; 96-710, eff. 1-1-10.) | ||||||
16 | (720 ILCS 5/11-9.5) | ||||||
17 | Sec. 11-9.5. Sexual misconduct with a person with a | ||||||
18 | disability. | ||||||
19 | (a) Definitions. As used in this Section: | ||||||
20 | (1) "Person with a disability" means: | ||||||
21 | (i) a person diagnosed with a developmental | ||||||
22 | disability as defined in Section 1-106 of the Mental | ||||||
23 | Health and Developmental Disabilities Code; or | ||||||
24 | (ii) a person diagnosed with a mental illness as | ||||||
25 | defined in Section 1-129 of the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities Code. | ||||||
2 | (2) "State-operated facility" means: | ||||||
3 | (i) a developmental disability facility as defined | ||||||
4 | in the Mental Health and Developmental Disabilities | ||||||
5 | Code;
or | ||||||
6 | (ii) a mental health facility as defined in the | ||||||
7 | Mental Health and Developmental Disabilities Code. | ||||||
8 | (3) "Community agency" or "agency" means any community | ||||||
9 | entity or program providing residential mental health or | ||||||
10 | developmental disabilities services that is licensed, | ||||||
11 | certified, or funded by the Department of Human Services | ||||||
12 | and not licensed or certified by any other human service | ||||||
13 | agency of the State such as the Departments of Public | ||||||
14 | Health, Healthcare and Family Services, and Children and | ||||||
15 | Family Services. | ||||||
16 | (4) "Care and custody" means admission to a | ||||||
17 | State-operated facility. | ||||||
18 | (5) "Employee" means: | ||||||
19 | (i) any person employed by the Illinois Department | ||||||
20 | of Human Services; | ||||||
21 | (ii) any person employed by a community agency | ||||||
22 | providing services at the direction of the owner or | ||||||
23 | operator of the agency on or off site;
or | ||||||
24 | (iii) any person who is a contractual employee or | ||||||
25 | contractual agent of the Department of Human Services | ||||||
26 | or the community agency. This includes but is not |
| |||||||
| |||||||
1 | limited to payroll personnel, contractors, | ||||||
2 | subcontractors, and volunteers. | ||||||
3 | (6) "Sexual conduct" or "sexual penetration" means any | ||||||
4 | act of sexual conduct or sexual penetration as defined in | ||||||
5 | Section 11-0.1 12-12 of this Code.
| ||||||
6 | (b) A person commits the offense of sexual misconduct with | ||||||
7 | a person with a disability when: | ||||||
8 | (1) he or she is an employee and knowingly engages in | ||||||
9 | sexual conduct or sexual penetration with a person with a | ||||||
10 | disability who is under the care and custody of the | ||||||
11 | Department of Human Services at a State-operated facility; | ||||||
12 | or | ||||||
13 | (2) he or she is an employee of a community agency | ||||||
14 | funded by the Department of Human Services and knowingly | ||||||
15 | engages in sexual conduct or sexual penetration with a | ||||||
16 | person with a disability who is in a residential program | ||||||
17 | operated or supervised by a community agency. | ||||||
18 | (c) For purposes of this Section, the consent of a person | ||||||
19 | with a disability in custody of the Department of Human | ||||||
20 | Services residing at a State-operated facility or receiving | ||||||
21 | services from a community agency shall not be a defense to a | ||||||
22 | prosecution under this Section. A person is deemed incapable of | ||||||
23 | consent, for purposes of this Section, when he or she is a | ||||||
24 | person with a disability and is receiving services at a | ||||||
25 | State-operated facility or is a person with a disability who is | ||||||
26 | in a residential program operated or supervised by a community |
| |||||||
| |||||||
1 | agency. | ||||||
2 | (d) This Section does not apply to: | ||||||
3 | (1) any State employee or any community agency employee | ||||||
4 | who is lawfully married to a person with a disability in | ||||||
5 | custody of the Department of Human Services or receiving | ||||||
6 | services from a community agency if the marriage occurred | ||||||
7 | before the date of custody or the initiation of services at | ||||||
8 | a community agency; or | ||||||
9 | (2) any State employee or community agency employee who | ||||||
10 | has no knowledge, and would have no reason to believe, that | ||||||
11 | the person with whom he or she engaged in sexual misconduct | ||||||
12 | was a person with a disability in custody of the Department | ||||||
13 | of Human Services or was receiving services from a | ||||||
14 | community agency. | ||||||
15 | (e) Sentence. Sexual misconduct with a person with a | ||||||
16 | disability is a Class 3 felony. | ||||||
17 | (f) Any person convicted of violating this Section shall | ||||||
18 | immediately forfeit his or her employment with the State or the | ||||||
19 | community agency.
| ||||||
20 | (Source: P.A. 94-1053, eff. 7-24-06.)
| ||||||
21 | (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
| ||||||
22 | Sec. 11-11. Sexual Relations Within Families. | ||||||
23 | (a) A
person commits sexual relations within families if he | ||||||
24 | or she:
| ||||||
25 | (1) Commits an act of sexual penetration as defined in |
| |||||||
| |||||||
1 | Section 11-0.1 12-12
of this Code; and
| ||||||
2 | (2) The person knows that he or she is related to the | ||||||
3 | other person as follows:
(i) Brother or sister, either of | ||||||
4 | the whole blood or the half blood;
or (ii) Father or | ||||||
5 | mother, when the child, regardless of
legitimacy and | ||||||
6 | regardless of whether the child was of the
whole blood or | ||||||
7 | half-blood or was adopted, was
18 years of age or over when | ||||||
8 | the act was committed; or (iii) Stepfather
or stepmother, | ||||||
9 | when the stepchild was 18 years of age or over when the act
| ||||||
10 | was committed; or (iv) Aunt or uncle, when the niece or | ||||||
11 | nephew was 18 years of age or over when the act
was | ||||||
12 | committed; or (v) Great-aunt or great-uncle, when the | ||||||
13 | grand-niece or grand-nephew was 18 years of age or over | ||||||
14 | when the act
was committed; or (vi) Grandparent or | ||||||
15 | step-grandparent, when the grandchild or step-grandchild | ||||||
16 | was 18 years of age or over when the act was committed.
| ||||||
17 | (b) Sentence. Sexual relations within families
is a Class 3 | ||||||
18 | felony.
| ||||||
19 | (Source: P.A. 96-233, eff. 1-1-10.)
| ||||||
20 | (720 ILCS 5/Art. 11 Subdiv. 15 heading new)
| ||||||
21 | SUBDIVISION 15. PROSTITUTION OFFENSES
| ||||||
22 | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
| ||||||
23 | Sec. 11-14. Prostitution.
| ||||||
24 | (a) Any person who knowingly performs, offers or agrees
to |
| |||||||
| |||||||
1 | perform any act of sexual penetration as defined in Section | ||||||
2 | 11-0.1 12-12 of
this Code for any money, property, token, | ||||||
3 | object, or article or anything
of value, or any touching or | ||||||
4 | fondling
of the sex organs of one person by another person, for | ||||||
5 | any money,
property, token, object, or article or
anything of | ||||||
6 | value, for the purpose of sexual arousal or gratification | ||||||
7 | commits
an act of prostitution.
| ||||||
8 | (b) Sentence.
| ||||||
9 | A violation of this Section is a Class A misdemeanor, | ||||||
10 | unless committed within 1,000 feet of real property comprising | ||||||
11 | a school, in which case it is a Class 4 felony. A second or | ||||||
12 | subsequent violation of this Section, or any combination of | ||||||
13 | convictions under this Section and Section 11-14.3 (promoting | ||||||
14 | prostitution), 11-18 (patronizing a prostitute), or 11-18.1 | ||||||
15 | (patronizing a juvenile prostitute), is a Class 4 felony. | ||||||
16 | Prostitution is a Class A misdemeanor.
A person convicted of a | ||||||
17 | second or
subsequent violation of this Section, or of any | ||||||
18 | combination of such number
of convictions under this Section | ||||||
19 | and Sections 11-15, 11-17,
11-18, 11-18.1
and
11-19 of this | ||||||
20 | Code is guilty of a Class 4 felony.
When a person has one or | ||||||
21 | more prior convictions, the information or
indictment charging | ||||||
22 | that
person shall state such prior conviction so as to give
| ||||||
23 | notice of the
State's intention to treat the charge as a | ||||||
24 | felony. The fact of such prior
conviction is not an element of | ||||||
25 | the offense and may not be
disclosed to
the jury during trial | ||||||
26 | unless otherwise permitted by issues properly raised
during |
| |||||||
| |||||||
1 | such trial.
| ||||||
2 | (c) First offender; felony prostitution. | ||||||
3 | (1) Whenever any person who has not previously been | ||||||
4 | convicted
of or placed on probation for felony prostitution | ||||||
5 | or any law of the United States or of any other state | ||||||
6 | relating to felony prostitution pleads guilty to or is | ||||||
7 | found guilty of felony prostitution, the court, without | ||||||
8 | entering a judgment and with the consent of such
person, | ||||||
9 | may sentence the person to probation. | ||||||
10 | (2) When a person is placed on probation, the court | ||||||
11 | shall enter an order
specifying a period of probation of 24 | ||||||
12 | months and shall defer further
proceedings in the case | ||||||
13 | until the conclusion of the period or until the
filing of a | ||||||
14 | petition alleging violation of a term or condition of | ||||||
15 | probation. | ||||||
16 | (3) The conditions of probation shall be that the | ||||||
17 | person: (i) not
violate any criminal statute of any | ||||||
18 | jurisdiction; (ii) refrain from
possessing a firearm or | ||||||
19 | other dangerous weapon; (iii) submit to periodic drug
| ||||||
20 | testing at a time and in a manner as ordered by the court, | ||||||
21 | but no less than 3
times during the period of the | ||||||
22 | probation, with the cost of the testing to be
paid by the | ||||||
23 | probationer; and (iv) perform no less than 30 hours of | ||||||
24 | community
service, provided community service is available | ||||||
25 | in the jurisdiction and is
funded
and approved by the | ||||||
26 | county board. |
| |||||||
| |||||||
1 | (4) The court may, in addition to other conditions, | ||||||
2 | require that the person:
| ||||||
3 | (A) make a report to and appear in person before or | ||||||
4 | participate with the
court or such courts, person, or | ||||||
5 | social service agency as directed by the
court in the | ||||||
6 | order of probation; | ||||||
7 | (B) pay a fine and costs; | ||||||
8 | (C) work or pursue a course of study or vocational
| ||||||
9 | training; | ||||||
10 | (D) undergo medical or psychiatric treatment; or | ||||||
11 | treatment or
rehabilitation by a provider approved by | ||||||
12 | the Illinois Department of Human Services; | ||||||
13 | (E) attend or reside in a facility established for | ||||||
14 | the instruction or
residence of defendants on | ||||||
15 | probation; | ||||||
16 | (F) support his or her dependents;
| ||||||
17 | (G) refrain from having in his or her body the | ||||||
18 | presence of any illicit
drug prohibited by the Cannabis | ||||||
19 | Control Act or the Illinois Controlled
Substances Act, | ||||||
20 | unless prescribed by a physician, and submit samples of
| ||||||
21 | his or her blood or urine or both for tests to | ||||||
22 | determine the presence of any
illicit drug; | ||||||
23 | (H) and in addition, if a minor: | ||||||
24 | (i) reside with his or her parents or in a | ||||||
25 | foster home; | ||||||
26 | (ii) attend school; |
| |||||||
| |||||||
1 | (iii) attend a non-residential program for | ||||||
2 | youth; | ||||||
3 | (iv) contribute to his or her own support at | ||||||
4 | home or in a foster home. | ||||||
5 | (5) Upon violation of a term or condition of probation, | ||||||
6 | the court
may enter a judgment on its original finding of | ||||||
7 | guilt and proceed as
otherwise provided. | ||||||
8 | (6) Upon fulfillment of the terms and conditions of | ||||||
9 | probation, the court
shall discharge the person and dismiss | ||||||
10 | the proceedings against him or her.
| ||||||
11 | (7) A disposition of probation is considered to be a | ||||||
12 | conviction
for the purposes of imposing the conditions of | ||||||
13 | probation and for appeal,
however, discharge and dismissal | ||||||
14 | under this subsection is not a conviction for
purposes of | ||||||
15 | this Code or for purposes of disqualifications or | ||||||
16 | disabilities
imposed by law upon conviction of a crime. | ||||||
17 | (8) There may be only one discharge and dismissal under | ||||||
18 | this Section. | ||||||
19 | (9) If a person is convicted of prostitution within 5 | ||||||
20 | years
subsequent to a discharge and dismissal under this | ||||||
21 | subsection, the discharge and
dismissal under this | ||||||
22 | subsection shall be admissible in the sentencing | ||||||
23 | proceeding
for that conviction
as evidence in aggravation.
| ||||||
24 | A person who violates this Section within 1,000 feet of | ||||||
25 | real property
comprising a school commits a Class 4 felony. | ||||||
26 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, |
| |||||||
| |||||||
1 | eff.
4-13-00.)
| ||||||
2 | (720 ILCS 5/11-14.1)
| ||||||
3 | Sec. 11-14.1. Solicitation of a sexual act.
| ||||||
4 | (a) Any person who offers a person not his or her spouse | ||||||
5 | any money,
property, token, object, or article or anything of | ||||||
6 | value to
perform any act of sexual penetration as defined in | ||||||
7 | Section 11-0.1 12-12 of this Code,
or any touching or fondling | ||||||
8 | of the sex organs of one person by another person
for the | ||||||
9 | purpose of sexual arousal or gratification, commits the offense | ||||||
10 | of
solicitation of a sexual act.
| ||||||
11 | (b) Sentence. Solicitation of a sexual act is a Class B | ||||||
12 | misdemeanor.
| ||||||
13 | (Source: P.A. 91-696, eff. 4-13-00.)
| ||||||
14 | (720 ILCS 5/11-14.3 new) | ||||||
15 | Sec. 11-14.3. Promoting prostitution. | ||||||
16 | (a) Any person who knowingly performs any of the following | ||||||
17 | acts commits promoting prostitution: | ||||||
18 | (1) advances prostitution as defined in Section | ||||||
19 | 11-0.1; | ||||||
20 | (2) profits from prostitution by: | ||||||
21 | (A) compelling a person to become a prostitute; | ||||||
22 | (B) arranging or offering to arrange a situation in | ||||||
23 | which a person may practice prostitution; or | ||||||
24 | (C) any means other than those described in |
| |||||||
| |||||||
1 | subparagraph (A) or (B). | ||||||
2 | (b) Sentence. | ||||||
3 | (1) A violation of subdivision (a)(1) is a Class A | ||||||
4 | misdemeanor, unless committed within 1,000 feet of real | ||||||
5 | property comprising a school, in which case it is a Class 4 | ||||||
6 | felony. A second or subsequent violation of subdivision | ||||||
7 | (a)(1), or any combination of convictions under | ||||||
8 | subdivision (a)(1) and Section 11-14 (prostitution), 11-18 | ||||||
9 | (patronizing a prostitute) or 11-18.1 (patronizing a | ||||||
10 | juvenile prostitute), is a Class 4 felony. | ||||||
11 | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||||||
12 | is a Class 4 felony, unless committed within 1,000 feet of | ||||||
13 | real property comprising a school, in which case it is a | ||||||
14 | Class 3 felony. | ||||||
15 | (3) A violation of subdivision (a)(2)(C) is a Class A | ||||||
16 | misdemeanor, unless committed within 1,000 feet of real | ||||||
17 | property comprising a school, in which case it is a Class 4 | ||||||
18 | felony. A second or subsequent violation of subdivision | ||||||
19 | (a)(2)(C), or any combination of convictions under | ||||||
20 | subdivision (a)(2)(C) and subdivision (a)(1) of this | ||||||
21 | Section (promoting prostitution), 11-14 (prostitution), | ||||||
22 | 11-18 (patronizing a prostitute) or 11-18.1 (patronizing a | ||||||
23 | juvenile prostitute), is a Class 4 felony. | ||||||
24 | (c) Impounding vehicle. A peace officer may impound any | ||||||
25 | vehicle used by a person in the commission of promoting | ||||||
26 | prostitution, if the officer arrested the person for a |
| |||||||
| |||||||
1 | violation involving: | ||||||
2 | (1) soliciting another for the purpose of | ||||||
3 | prostitution; | ||||||
4 | (2) arranging or offering to arrange a meeting of | ||||||
5 | persons for the purpose of
prostitution; or | ||||||
6 | (3) directing another to a place knowing the direction | ||||||
7 | is for the purpose of
prostitution. | ||||||
8 | The person may recover the vehicle from the impound after a | ||||||
9 | minimum of 2 hours after arrest upon payment of a fee of $200. | ||||||
10 | The fee shall be distributed to the unit of government whose | ||||||
11 | peace officer made the arrest for a violation of this Section. | ||||||
12 | This $200 fee includes the costs incurred by the unit of | ||||||
13 | government to tow the vehicle to the impound. Upon the | ||||||
14 | presentation of a signed court order by the defendant whose | ||||||
15 | vehicle was impounded showing that the defendant has been | ||||||
16 | acquitted of the offense or that the charges have been | ||||||
17 | dismissed against the defendant for the offense, the | ||||||
18 | municipality shall refund the $200 fee to the defendant. | ||||||
19 | (720 ILCS 5/11-14.4 new) | ||||||
20 | Sec. 11-14.4. Promoting juvenile prostitution. | ||||||
21 | (a) Any person who knowingly performs any of the following | ||||||
22 | acts commits promoting juvenile prostitution: | ||||||
23 | (1) advances prostitution as defined in Section | ||||||
24 | 11-0.1, where the prostitute, or a prostitute in the place, | ||||||
25 | is under 17 years of age or is severely or profoundly |
| |||||||
| |||||||
1 | mentally retarded at the time of the offense; | ||||||
2 | (2) profits from prostitution by any means where the | ||||||
3 | prostitute is under 17 years of age or is severely or | ||||||
4 | profoundly mentally retarded at the time of the offense; | ||||||
5 | (3) profits from prostitution by any means where the | ||||||
6 | prostitute is under 13 years of age at the time of the | ||||||
7 | offense; | ||||||
8 | (4) confines a child under the age of 16 or a severely | ||||||
9 | or profoundly mentally retarded person against his or her | ||||||
10 | will by the infliction or threat of imminent infliction of | ||||||
11 | great bodily harm or permanent disability or disfigurement | ||||||
12 | or by administering to the child or severely or profoundly | ||||||
13 | mentally retarded person, without his or her consent or by | ||||||
14 | threat or deception and for other than medical purposes, | ||||||
15 | any alcoholic intoxicant or a drug as defined in the | ||||||
16 | Illinois Controlled Substances Act or the Cannabis Control | ||||||
17 | Act or methamphetamine as defined in the Methamphetamine | ||||||
18 | Control and Community Protection Act and: | ||||||
19 | (A) compels the child or severely or profoundly | ||||||
20 | mentally retarded person to become a prostitute; | ||||||
21 | (B) arranges a situation in which the child or | ||||||
22 | severely or profoundly mentally retarded person may | ||||||
23 | practice prostitution; or | ||||||
24 | (C) profits from prostitution by the child or | ||||||
25 | severely or profoundly mentally retarded person. | ||||||
26 | (b) For purposes of this Section, administering drugs, as |
| |||||||
| |||||||
1 | defined in subdivision (a)(4), or an alcoholic intoxicant to a | ||||||
2 | child under the age of 13 or a severely or profoundly mentally | ||||||
3 | retarded person shall be deemed to be without consent if the | ||||||
4 | administering is done without the consent of the parents or | ||||||
5 | legal guardian. | ||||||
6 | (c) It is an affirmative defense to a charge of promoting | ||||||
7 | juvenile prostitution, except for a charge under subdivision | ||||||
8 | (a)(4), that the accused reasonably believed the person was of | ||||||
9 | the age of 17 years or over or was not a severely or profoundly | ||||||
10 | mentally retarded person at the time of the act giving rise to | ||||||
11 | the charge. | ||||||
12 | (d) Sentence. A violation of subdivision (a)(1) or (a)(2) | ||||||
13 | is a Class 1 felony. A violation of subdivision (a)(3) is a | ||||||
14 | Class X felony. A violation of subdivision (a)(4) is a Class X | ||||||
15 | felony, for which the person shall be sentenced to a term of | ||||||
16 | imprisonment of not less than 6 years and not more than 60 | ||||||
17 | years. A second or subsequent violation of this Section that | ||||||
18 | involves promoting juvenile prostitution by keeping a place of | ||||||
19 | juvenile prostitution is a Class X felony. | ||||||
20 | (e) Forfeiture. Any person convicted of a violation of this | ||||||
21 | Section that involves promoting juvenile prostitution by | ||||||
22 | keeping a place of juvenile prostitution or convicted of a | ||||||
23 | violation of subdivision (a)(4) is subject to the property | ||||||
24 | forfeiture provisions set forth in Article 124B of the Code of | ||||||
25 | Criminal Procedure of 1963.
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
| ||||||
2 | Sec. 11-18. Patronizing a prostitute.
| ||||||
3 | (a) Any person who knowingly performs any of the following | ||||||
4 | acts with a person
not his or her spouse commits the offense of | ||||||
5 | patronizing a prostitute:
| ||||||
6 | (1) Engages in an act of sexual penetration as defined | ||||||
7 | in Section 11-0.1 12-12
of this Code with a prostitute; or
| ||||||
8 | (2) Enters or remains in a place of prostitution with | ||||||
9 | intent to
engage in an act of sexual penetration as defined | ||||||
10 | in Section 11-0.1 12-12 of
this Code ; or .
| ||||||
11 | (3) Engages in any touching or fondling with a | ||||||
12 | prostitute of the sex organs of one person by the other | ||||||
13 | person, with the intent to achieve sexual arousal or | ||||||
14 | gratification. | ||||||
15 | (b) Sentence.
| ||||||
16 | Patronizing a prostitute is a Class A misdemeanor , unless | ||||||
17 | committed within 1,000 feet of real property comprising a | ||||||
18 | school, in which case it is a Class 4 felony .
A person
| ||||||
19 | convicted of a second or subsequent violation of this Section, | ||||||
20 | or
of any
combination of such number of convictions under this | ||||||
21 | Section and Sections
11-14 (prostitution), 11-14.3 (promoting | ||||||
22 | prostitution), 11-14.4 (promoting juvenile prostitution) , and | ||||||
23 | 11-15, 11-17, 11-18.1 (patronizing a juvenile prostitute) and | ||||||
24 | 11-19 of this Code, is guilty of a Class 4
felony. When a | ||||||
25 | person has one or more prior convictions, the information or
| ||||||
26 | indictment charging that person shall state such prior |
| |||||||
| |||||||
1 | convictions so as to
give notice of the State's intention to | ||||||
2 | treat the charge as a felony. The fact
of such conviction is | ||||||
3 | not an element of the offense and may
not be disclosed
to the | ||||||
4 | jury during trial unless otherwise permitted by issues properly | ||||||
5 | raised
during such trial.
| ||||||
6 | (c) (Blank). A person who violates this Section within | ||||||
7 | 1,000 feet of real property
comprising a school commits a Class | ||||||
8 | 4 felony.
| ||||||
9 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, | ||||||
10 | eff.
6-28-01.)
| ||||||
11 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
| ||||||
12 | Sec. 11-18.1. Patronizing a juvenile prostitute. | ||||||
13 | (a) Any person who
engages in an act of sexual penetration | ||||||
14 | as defined in Section 11-0.1 12-12 of this
Code with a | ||||||
15 | prostitute under 17 years of age commits the offense of
| ||||||
16 | patronizing a juvenile prostitute. | ||||||
17 | (a-5) Any person who engages in any touching or fondling | ||||||
18 | with a prostitute, under 17 years of age, of the sex organs of | ||||||
19 | one person by the other person, with the intent to achieve | ||||||
20 | sexual arousal or gratification, commits patronizing a | ||||||
21 | juvenile prostitute.
| ||||||
22 | (b) It is an affirmative defense to the charge of | ||||||
23 | patronizing a
juvenile prostitute that the accused reasonably | ||||||
24 | believed that the person
was of the age of 17 years or over at | ||||||
25 | the time of the act giving rise to
the charge.
|
| |||||||
| |||||||
1 | (c) Sentence.
A person who commits patronizing a juvenile | ||||||
2 | prostitute is guilty of a Class 4 felony.
| ||||||
3 | (Source: P.A. 85-1447.)
| ||||||
4 | (720 ILCS 5/Art. 11 Subdiv. 20 heading new)
| ||||||
5 | SUBDIVISION 20. PORNOGRAPHY OFFENSES
| ||||||
6 | (720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
| ||||||
7 | Sec. 11-20. Obscenity. | ||||||
8 | (a) Elements of the Offense.
A person commits obscenity | ||||||
9 | when, with knowledge of the nature or content
thereof, or | ||||||
10 | recklessly failing to exercise reasonable inspection which
| ||||||
11 | would have disclosed the nature or content thereof, he or she :
| ||||||
12 | (1) Sells, delivers or provides, or offers or agrees to | ||||||
13 | sell, deliver
or provide any obscene writing, picture, | ||||||
14 | record or other representation or
embodiment of the | ||||||
15 | obscene; or
| ||||||
16 | (2) Presents or directs an obscene play, dance or other | ||||||
17 | performance
or participates directly in that portion | ||||||
18 | thereof which makes it obscene; or
| ||||||
19 | (3) Publishes, exhibits or otherwise makes available | ||||||
20 | anything
obscene; or
| ||||||
21 | (4) Performs an obscene act or otherwise presents an | ||||||
22 | obscene
exhibition of his or her body for gain; or
| ||||||
23 | (5) Creates, buys, procures or possesses obscene | ||||||
24 | matter or material
with intent to disseminate it in |
| |||||||
| |||||||
1 | violation of this Section, or of the penal
laws or | ||||||
2 | regulations of any other jurisdiction; or
| ||||||
3 | (6) Advertises or otherwise promotes the sale of | ||||||
4 | material represented
or held out by him or her to be | ||||||
5 | obscene, whether or not it is obscene.
| ||||||
6 | (b) Obscene Defined.
| ||||||
7 | Any material or performance is obscene if: (1) the average | ||||||
8 | person,
applying contemporary adult community standards, would | ||||||
9 | find that, taken as
a whole, it appeals to the prurient | ||||||
10 | interest; and (2) the average person,
applying contemporary | ||||||
11 | adult community standards, would find that it depicts
or | ||||||
12 | describes, in a patently offensive way, ultimate sexual acts or
| ||||||
13 | sadomasochistic sexual acts, whether normal or perverted, | ||||||
14 | actual or
simulated, or masturbation, excretory functions or | ||||||
15 | lewd exhibition of the
genitals; and (3) taken as a whole, it | ||||||
16 | lacks serious literary, artistic,
political or scientific | ||||||
17 | value.
| ||||||
18 | (c) Interpretation of Evidence.
| ||||||
19 | Obscenity shall be judged with reference to ordinary | ||||||
20 | adults, except that
it shall be judged with reference to | ||||||
21 | children or other specially
susceptible audiences if it appears | ||||||
22 | from the character of the material or
the circumstances of its | ||||||
23 | dissemination to be specially designed for or
directed to such | ||||||
24 | an audience.
| ||||||
25 | Where circumstances of production, presentation, sale, | ||||||
26 | dissemination,
distribution, or publicity indicate that |
| |||||||
| |||||||
1 | material is being commercially
exploited for the sake of its | ||||||
2 | prurient appeal, such evidence is probative
with respect to the | ||||||
3 | nature of the matter and can justify the conclusion
that the | ||||||
4 | matter is lacking in serious literary, artistic, political or
| ||||||
5 | scientific value.
| ||||||
6 | In any prosecution for an offense under this Section | ||||||
7 | evidence shall be
admissible to show:
| ||||||
8 | (1) The character of the audience for which the | ||||||
9 | material was designed
or to which it was directed;
| ||||||
10 | (2) What the predominant appeal of the material would | ||||||
11 | be for ordinary
adults or a special audience, and what | ||||||
12 | effect, if any, it would probably
have on the behavior of | ||||||
13 | such people;
| ||||||
14 | (3) The artistic, literary, scientific, educational or | ||||||
15 | other merits
of the material, or absence thereof;
| ||||||
16 | (4) The degree, if any, of public acceptance of the | ||||||
17 | material in this
State;
| ||||||
18 | (5) Appeal to prurient interest, or absence thereof, in | ||||||
19 | advertising
or other promotion of the material;
| ||||||
20 | (6) Purpose of the author, creator, publisher or | ||||||
21 | disseminator.
| ||||||
22 | (d) Sentence.
| ||||||
23 | Obscenity is a Class A misdemeanor. A second or subsequent | ||||||
24 | offense is a
Class 4 felony.
| ||||||
25 | (e) Permissive Inference Prima Facie Evidence .
| ||||||
26 | The trier of fact may infer an intent to disseminate from |
| |||||||
| |||||||
1 | the creation, purchase, procurement or possession of a mold, | ||||||
2 | engraved
plate or other embodiment of obscenity specially | ||||||
3 | adapted for reproducing
multiple copies, or the possession of | ||||||
4 | more than 3 copies of obscene
material shall be prima facie | ||||||
5 | evidence of an intent to disseminate .
| ||||||
6 | (f) Affirmative Defenses.
| ||||||
7 | It shall be an affirmative defense to obscenity that the | ||||||
8 | dissemination:
| ||||||
9 | (1) Was not for gain and was made to personal | ||||||
10 | associates other than
children under 18 years of age;
| ||||||
11 | (2) Was to institutions or individuals having | ||||||
12 | scientific or other
special justification for possession | ||||||
13 | of such material.
| ||||||
14 | (g) Forfeiture of property. A person who has been convicted
| ||||||
15 | previously of the offense of obscenity and who is convicted of | ||||||
16 | a
second or subsequent offense of obscenity is subject to the | ||||||
17 | property forfeiture provisions set forth in Article 124B of the | ||||||
18 | Code of Criminal Procedure of 1963.
| ||||||
19 | (Source: P.A. 96-712, eff. 1-1-10.)
| ||||||
20 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| ||||||
21 | Sec. 11-20.1. Child pornography.
| ||||||
22 | (a) A person commits the offense of child pornography who:
| ||||||
23 | (1) films, videotapes, photographs, or otherwise | ||||||
24 | depicts or portrays by
means of any similar visual medium | ||||||
25 | or reproduction or depicts by computer any
child whom he or |
| |||||||
| |||||||
1 | she knows or reasonably should know to be under the age of | ||||||
2 | 18 and at least 13 years of age or any
severely or | ||||||
3 | profoundly mentally retarded person where such child or | ||||||
4 | severely
or profoundly mentally retarded person is:
| ||||||
5 | (i) actually or by simulation engaged in any act of | ||||||
6 | sexual
penetration or sexual conduct
with any person or | ||||||
7 | animal; or
| ||||||
8 | (ii) actually or by simulation engaged in any act | ||||||
9 | of sexual
penetration or sexual conduct
involving the | ||||||
10 | sex organs of the child or severely or
profoundly | ||||||
11 | mentally retarded person and the mouth, anus, or sex | ||||||
12 | organs of
another person or animal; or which involves | ||||||
13 | the mouth, anus or sex organs
of the child or severely | ||||||
14 | or profoundly mentally retarded
person and the sex | ||||||
15 | organs of another person or animal; or
| ||||||
16 | (iii) actually or by simulation engaged in any act | ||||||
17 | of masturbation; or
| ||||||
18 | (iv) actually or by simulation portrayed as being | ||||||
19 | the object of, or
otherwise engaged in, any act of lewd | ||||||
20 | fondling, touching, or caressing
involving another | ||||||
21 | person or animal; or
| ||||||
22 | (v) actually or by simulation engaged in any act of | ||||||
23 | excretion or
urination within a sexual context; or
| ||||||
24 | (vi) actually or by simulation portrayed or | ||||||
25 | depicted as bound, fettered,
or subject to sadistic, | ||||||
26 | masochistic, or sadomasochistic abuse in any sexual
|
| |||||||
| |||||||
1 | context; or
| ||||||
2 | (vii) depicted or portrayed in any pose, posture or | ||||||
3 | setting involving
a lewd exhibition of the unclothed or | ||||||
4 | transparently clothed genitals, pubic area, buttocks, | ||||||
5 | or, if
such person is female, a fully or partially | ||||||
6 | developed breast of the child
or other person; or
| ||||||
7 | (2) with the knowledge of the nature or content | ||||||
8 | thereof, reproduces,
disseminates, offers to disseminate, | ||||||
9 | exhibits or possesses with intent to
disseminate any film, | ||||||
10 | videotape, photograph or other similar visual
reproduction | ||||||
11 | or depiction by computer of any child or severely or | ||||||
12 | profoundly
mentally retarded person whom the person knows | ||||||
13 | or reasonably should know to be
under the age of 18 and at | ||||||
14 | least 13 years of age or to be a severely or profoundly | ||||||
15 | mentally retarded person,
engaged in any activity | ||||||
16 | described in subparagraphs (i) through (vii) of
paragraph | ||||||
17 | (1) of this subsection; or
| ||||||
18 | (3) with knowledge of the subject matter or theme | ||||||
19 | thereof, produces any
stage play, live performance, film, | ||||||
20 | videotape or other similar visual
portrayal or depiction by | ||||||
21 | computer which
includes a child whom the person knows or | ||||||
22 | reasonably should
know to be under the age of 18 and at | ||||||
23 | least 13 years of age or a severely or
profoundly mentally | ||||||
24 | retarded person engaged in any activity described in
| ||||||
25 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
26 | subsection; or
|
| |||||||
| |||||||
1 | (4) solicits, uses, persuades, induces, entices, or | ||||||
2 | coerces any child
whom he or she knows or reasonably should | ||||||
3 | know to be under
the age of 18 and at least 13 years of age | ||||||
4 | or a severely or profoundly mentally
retarded person to | ||||||
5 | appear in any stage play, live presentation, film,
| ||||||
6 | videotape, photograph or other similar visual reproduction | ||||||
7 | or depiction
by computer in which the
child or severely or | ||||||
8 | profoundly mentally retarded person
is or will be depicted, | ||||||
9 | actually or by simulation, in any act, pose or
setting | ||||||
10 | described in subparagraphs (i) through (vii) of paragraph | ||||||
11 | (1) of
this subsection; or
| ||||||
12 | (5) is a parent, step-parent, legal guardian or other | ||||||
13 | person having
care or custody
of a child whom the person | ||||||
14 | knows or reasonably should know to be under
the age of 18 | ||||||
15 | and at least 13 years of age or a severely or profoundly | ||||||
16 | mentally
retarded person and who knowingly permits, | ||||||
17 | induces, promotes, or arranges
for such child or severely | ||||||
18 | or profoundly mentally retarded
person to appear in any | ||||||
19 | stage play, live performance, film, videotape,
photograph | ||||||
20 | or other similar visual presentation, portrayal or | ||||||
21 | simulation or
depiction by computer of any act or activity | ||||||
22 | described in subparagraphs (i)
through (vii) of paragraph | ||||||
23 | (1) of this subsection; or
| ||||||
24 | (6) with knowledge of the nature or content thereof, | ||||||
25 | possesses any film,
videotape, photograph or other similar | ||||||
26 | visual reproduction or depiction by
computer of any child |
| |||||||
| |||||||
1 | or severely or profoundly mentally retarded person
whom the | ||||||
2 | person knows or reasonably should know to be under the age | ||||||
3 | of 18 and at least 13 years of age
or to be a severely or | ||||||
4 | profoundly mentally retarded
person, engaged in any | ||||||
5 | activity described in subparagraphs (i) through
(vii) of | ||||||
6 | paragraph (1) of this subsection; or
| ||||||
7 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
8 | entices, or coerces , a person
to provide a child under the | ||||||
9 | age of 18 and at least 13 years of age or a severely or | ||||||
10 | profoundly mentally
retarded person to appear in any | ||||||
11 | videotape, photograph, film, stage play, live
| ||||||
12 | presentation, or other similar visual reproduction or | ||||||
13 | depiction by computer
in which the child or severely or | ||||||
14 | profoundly mentally retarded person will be
depicted, | ||||||
15 | actually or by simulation, in any act, pose, or setting | ||||||
16 | described in
subparagraphs (i) through (vii) of paragraph | ||||||
17 | (1) of this subsection.
| ||||||
18 | (b) (1) It shall be an affirmative defense to a charge of | ||||||
19 | child
pornography that the defendant reasonably believed, | ||||||
20 | under all of the
circumstances, that the child was 18 years | ||||||
21 | of age or older or that the
person was not a severely or | ||||||
22 | profoundly mentally
retarded person but only where, prior | ||||||
23 | to the act or acts giving rise to a
prosecution under this | ||||||
24 | Section, he or she took some affirmative action or made a
| ||||||
25 | bonafide inquiry designed to ascertain whether the child | ||||||
26 | was 18 years of
age or older or that the person was not a |
| |||||||
| |||||||
1 | severely or
profoundly mentally retarded person and his or | ||||||
2 | her reliance upon the information
so obtained was clearly | ||||||
3 | reasonable.
| ||||||
4 | (2) (Blank).
| ||||||
5 | (3) The charge of child pornography shall not apply to | ||||||
6 | the performance
of official duties by law enforcement or | ||||||
7 | prosecuting officers or persons employed by law | ||||||
8 | enforcement or prosecuting agencies, court personnel
or | ||||||
9 | attorneys, nor to bonafide treatment or professional | ||||||
10 | education programs
conducted by licensed physicians, | ||||||
11 | psychologists or social workers.
| ||||||
12 | (4) If Possession by the defendant possessed of more | ||||||
13 | than one of the same film,
videotape or visual reproduction | ||||||
14 | or depiction by computer in which child
pornography is | ||||||
15 | depicted , then the trier of fact may infer
shall raise a | ||||||
16 | rebuttable presumption that the defendant possessed such
| ||||||
17 | materials with the intent to disseminate them.
| ||||||
18 | (5) The charge of child pornography does not apply to a | ||||||
19 | person who does
not voluntarily possess a film, videotape, | ||||||
20 | or visual reproduction or depiction
by computer in which | ||||||
21 | child pornography is depicted. Possession is voluntary if
| ||||||
22 | the defendant knowingly procures or receives a film, | ||||||
23 | videotape, or visual
reproduction or depiction for a | ||||||
24 | sufficient time to be able to terminate his
or her | ||||||
25 | possession.
| ||||||
26 | (6) Any violation of paragraph (1), (2), (3), (4), (5), |
| |||||||
| |||||||
1 | or (7) of subsection (a) that includes a child engaged in, | ||||||
2 | solicited for, depicted in, or posed in any act of sexual | ||||||
3 | penetration or bound, fettered, or subject to sadistic, | ||||||
4 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
5 | shall be deemed a crime of violence. | ||||||
6 | (c) Violation of paragraph (1), (4), (5), or (7) of | ||||||
7 | subsection (a) is a
Class 1 felony with a mandatory minimum | ||||||
8 | fine of $2,000 and a maximum fine of
$100,000. Violation of | ||||||
9 | paragraph (3) of subsection (a) is a Class 1 felony
with a | ||||||
10 | mandatory minimum fine of $1500 and a maximum fine of $100,000.
| ||||||
11 | Violation of paragraph (2) of subsection (a) is a Class 1 | ||||||
12 | felony with a
mandatory minimum fine of $1000 and a maximum | ||||||
13 | fine of $100,000. Violation of
paragraph (6) of subsection (a) | ||||||
14 | is a Class 3 felony with a mandatory
minimum fine of $1000 and | ||||||
15 | a maximum fine of $100,000.
| ||||||
16 | (d) If a person is convicted of a second or subsequent | ||||||
17 | violation of
this Section within 10 years of a prior | ||||||
18 | conviction, the court shall order a
presentence psychiatric | ||||||
19 | examination of the person. The examiner shall report
to the | ||||||
20 | court whether treatment of the person is necessary.
| ||||||
21 | (e) Any film, videotape, photograph or other similar visual | ||||||
22 | reproduction
or depiction by computer which includes a child | ||||||
23 | under the age of 18 and at least 13 years of age or a
severely | ||||||
24 | or profoundly mentally retarded person engaged in any activity
| ||||||
25 | described in subparagraphs (i) through (vii) or paragraph 1 of | ||||||
26 | subsection
(a), and any material or equipment used or intended |
| |||||||
| |||||||
1 | for use in photographing,
filming, printing, producing, | ||||||
2 | reproducing, manufacturing, projecting,
exhibiting, depiction | ||||||
3 | by computer, or disseminating such material shall be
seized and | ||||||
4 | forfeited in the manner, method and procedure provided by | ||||||
5 | Section
36-1 of this Code for the seizure and forfeiture of | ||||||
6 | vessels, vehicles and
aircraft.
| ||||||
7 | In addition, any person convicted under this Section is | ||||||
8 | subject to the property forfeiture provisions set forth in | ||||||
9 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
10 | (e-5) Upon the conclusion of a case brought under this | ||||||
11 | Section, the court
shall seal all evidence depicting a victim | ||||||
12 | or witness that is sexually
explicit. The evidence may be | ||||||
13 | unsealed and viewed, on a motion of the party
seeking to unseal | ||||||
14 | and view the evidence, only for good cause shown and in the
| ||||||
15 | discretion of the court. The motion must expressly set forth | ||||||
16 | the purpose for
viewing the material. The State's attorney and | ||||||
17 | the victim, if possible, shall
be provided reasonable notice of | ||||||
18 | the hearing on the motion to unseal the
evidence. Any person | ||||||
19 | entitled to notice of a hearing under this subsection
(e-5) may | ||||||
20 | object to the motion.
| ||||||
21 | (f) Definitions. For the purposes of this Section:
| ||||||
22 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
23 | exchange or transfer
possession, whether with or without | ||||||
24 | consideration or (ii) to make a depiction
by computer | ||||||
25 | available for distribution or downloading through the | ||||||
26 | facilities
of any telecommunications network or through |
| |||||||
| |||||||
1 | any other means of transferring
computer programs or data | ||||||
2 | to a computer.
| ||||||
3 | (2) "Produce" means to direct, promote, advertise, | ||||||
4 | publish, manufacture,
issue, present or show.
| ||||||
5 | (3) "Reproduce" means to make a duplication or copy.
| ||||||
6 | (4) "Depict by computer" means to generate or create, | ||||||
7 | or cause to be
created or generated, a computer program or | ||||||
8 | data that, after being processed by
a computer either alone | ||||||
9 | or in conjunction with one or more computer programs,
| ||||||
10 | results in a visual depiction on a computer monitor, | ||||||
11 | screen, or display.
| ||||||
12 | (5) "Depiction by computer" means a computer program or | ||||||
13 | data that, after
being processed by a computer either alone | ||||||
14 | or in conjunction with one or more
computer programs, | ||||||
15 | results in a visual depiction on a computer monitor, | ||||||
16 | screen,
or display.
| ||||||
17 | (6) "Computer", "computer program", and "data" have | ||||||
18 | the meanings
ascribed to them in Section 16D-2 of this | ||||||
19 | Code.
| ||||||
20 | (7) For the purposes of this Section, " child | ||||||
21 | pornography Child " includes a film, videotape, photograph, | ||||||
22 | or other similar
visual medium or reproduction or depiction | ||||||
23 | by computer that is, or appears to
be, that of a person, | ||||||
24 | either in part, or in total, under the age of 18 and at | ||||||
25 | least 13 years of age or a severely or profoundly mentally | ||||||
26 | retarded person ,
regardless of the method by which the |
| |||||||
| |||||||
1 | film, videotape, photograph, or other
similar visual | ||||||
2 | medium or reproduction or depiction by computer is created,
| ||||||
3 | adopted, or modified to appear as such. "Child pornography " | ||||||
4 | also includes a film,
videotape, photograph, or other | ||||||
5 | similar visual medium or reproduction or
depiction by | ||||||
6 | computer that is advertised, promoted, presented, | ||||||
7 | described, or
distributed in such a manner that conveys the | ||||||
8 | impression that the film,
videotape, photograph, or other | ||||||
9 | similar visual medium or reproduction or
depiction by | ||||||
10 | computer is of a person under the age of 18 and at least 13 | ||||||
11 | years of age or a severely or profoundly mentally retarded | ||||||
12 | person .
| ||||||
13 | (8) "Sexual penetration" and "sexual conduct" have the | ||||||
14 | meanings ascribed
to them in Section 12-12 of this Code.
| ||||||
15 | (g) Re-enactment; findings; purposes.
| ||||||
16 | (1) The General Assembly finds and declares that:
| ||||||
17 | (i) Section 50-5 of Public Act 88-680, effective | ||||||
18 | January 1, 1995,
contained provisions amending the | ||||||
19 | child pornography statute, Section 11-20.1
of the | ||||||
20 | Criminal Code of 1961. Section 50-5 also contained | ||||||
21 | other provisions.
| ||||||
22 | (ii) In addition, Public Act 88-680 was entitled | ||||||
23 | "AN ACT to create a
Safe Neighborhoods Law". (A) | ||||||
24 | Article 5 was entitled JUVENILE JUSTICE and
amended the | ||||||
25 | Juvenile Court Act of 1987. (B) Article 15 was entitled | ||||||
26 | GANGS and
amended various provisions of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 and the Unified Code
of Corrections. (C) | ||||||
2 | Article 20 was entitled ALCOHOL ABUSE and amended | ||||||
3 | various
provisions of the Illinois Vehicle Code. (D) | ||||||
4 | Article 25 was entitled DRUG
ABUSE and amended the | ||||||
5 | Cannabis Control Act and the Illinois Controlled
| ||||||
6 | Substances Act. (E) Article 30 was entitled FIREARMS | ||||||
7 | and amended the Criminal
Code of 1961 and the Code of | ||||||
8 | Criminal Procedure of 1963. (F) Article 35
amended the | ||||||
9 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
10 | Witnesses
Act, and the Unified Code of Corrections. (G) | ||||||
11 | Article 40 amended the Criminal
Code of 1961 to | ||||||
12 | increase the penalty for compelling organization | ||||||
13 | membership of
persons. (H) Article 45 created the | ||||||
14 | Secure Residential Youth Care Facility
Licensing Act | ||||||
15 | and amended the State Finance Act, the Juvenile Court | ||||||
16 | Act of
1987, the Unified Code of Corrections, and the | ||||||
17 | Private Correctional Facility
Moratorium Act. (I) | ||||||
18 | Article 50 amended the WIC Vendor Management Act, the
| ||||||
19 | Firearm Owners Identification Card Act, the Juvenile | ||||||
20 | Court Act of 1987, the
Criminal Code of 1961, the | ||||||
21 | Wrongs to Children Act, and the Unified Code of
| ||||||
22 | Corrections.
| ||||||
23 | (iii) On September 22, 1998, the Third District | ||||||
24 | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | ||||||
25 | ruled that Public Act 88-680 violates the
single | ||||||
26 | subject clause of the Illinois Constitution (Article |
| |||||||
| |||||||
1 | IV, Section 8 (d))
and was unconstitutional in its | ||||||
2 | entirety. As of the time this amendatory Act
of 1999 | ||||||
3 | was prepared, People v. Dainty was still subject to | ||||||
4 | appeal.
| ||||||
5 | (iv) Child pornography is a vital concern to the | ||||||
6 | people of this State
and the validity of future | ||||||
7 | prosecutions under the child pornography statute of
| ||||||
8 | the Criminal Code of 1961 is in grave doubt.
| ||||||
9 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
10 | prevent or
minimize any problems relating to prosecutions | ||||||
11 | for child pornography that may
result from challenges to | ||||||
12 | the constitutional validity of Public Act 88-680 by
| ||||||
13 | re-enacting the Section relating to child pornography that | ||||||
14 | was included in
Public Act 88-680.
| ||||||
15 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
16 | 11-20.1 of the
Criminal Code of 1961, as it has been | ||||||
17 | amended. This re-enactment is intended
to remove any | ||||||
18 | question as to the validity or content of that Section; it | ||||||
19 | is not
intended to supersede any other Public Act that | ||||||
20 | amends the text of the Section
as set forth in this | ||||||
21 | amendatory Act of 1999. The material is shown as existing
| ||||||
22 | text (i.e., without underscoring) because, as of the time | ||||||
23 | this amendatory Act
of 1999 was prepared, People v. Dainty | ||||||
24 | was subject to appeal to the Illinois
Supreme Court.
| ||||||
25 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
26 | Section 11-20.1 of
the Criminal Code of 1961 relating to |
| |||||||
| |||||||
1 | child pornography that was amended by
Public Act 88-680 is | ||||||
2 | not intended, and shall not be construed, to imply that
| ||||||
3 | Public Act 88-680 is invalid or to limit or impair any | ||||||
4 | legal argument
concerning whether those provisions were | ||||||
5 | substantially re-enacted by other
Public Acts.
| ||||||
6 | (Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; revised | ||||||
7 | 10-1-09.)
| ||||||
8 | (720 ILCS 5/11-20.1B) (was 720 ILCS 5/11-20.3) | ||||||
9 | Sec. 11-20.1B 11-20.3 . Aggravated child pornography. | ||||||
10 | (a) A person commits the offense of aggravated child | ||||||
11 | pornography who: | ||||||
12 | (1) films, videotapes, photographs, or otherwise | ||||||
13 | depicts or portrays by means of any similar visual medium | ||||||
14 | or reproduction or depicts by computer any child whom he or | ||||||
15 | she knows or reasonably should know to be under the age of | ||||||
16 | 13 years where such child is: | ||||||
17 | (i) actually or by simulation engaged in any act of | ||||||
18 | sexual penetration or sexual conduct with any person or | ||||||
19 | animal; or | ||||||
20 | (ii) actually or by simulation engaged in any act | ||||||
21 | of sexual penetration or sexual conduct involving the | ||||||
22 | sex organs of the child and the mouth, anus, or sex | ||||||
23 | organs of another person or animal; or which involves | ||||||
24 | the mouth, anus or sex organs of the child and the sex | ||||||
25 | organs of another person or animal; or |
| |||||||
| |||||||
1 | (iii) actually or by simulation engaged in any act | ||||||
2 | of masturbation; or | ||||||
3 | (iv) actually or by simulation portrayed as being | ||||||
4 | the object of, or otherwise engaged in, any act of lewd | ||||||
5 | fondling, touching, or caressing involving another | ||||||
6 | person or animal; or | ||||||
7 | (v) actually or by simulation engaged in any act of | ||||||
8 | excretion or urination within a sexual context; or | ||||||
9 | (vi) actually or by simulation portrayed or | ||||||
10 | depicted as bound, fettered, or subject to sadistic, | ||||||
11 | masochistic, or sadomasochistic abuse in any sexual | ||||||
12 | context; or | ||||||
13 | (vii) depicted or portrayed in any pose, posture or | ||||||
14 | setting involving a lewd exhibition of the unclothed or | ||||||
15 | transparently clothed genitals, pubic area, buttocks, | ||||||
16 | or, if such person is female, a fully or partially | ||||||
17 | developed breast of the child or other person; or | ||||||
18 | (2) with the knowledge of the nature or content | ||||||
19 | thereof, reproduces, disseminates, offers to disseminate, | ||||||
20 | exhibits or possesses with intent to disseminate any film, | ||||||
21 | videotape, photograph or other similar visual reproduction | ||||||
22 | or depiction by computer of any child whom the person knows | ||||||
23 | or reasonably should know to be under the age of 13 engaged | ||||||
24 | in any activity described in subparagraphs (i) through | ||||||
25 | (vii) of paragraph (1) of this subsection; or | ||||||
26 | (3) with knowledge of the subject matter or theme |
| |||||||
| |||||||
1 | thereof, produces any stage play, live performance, film, | ||||||
2 | videotape or other similar visual portrayal or depiction by | ||||||
3 | computer which includes a child whom the person knows or | ||||||
4 | reasonably should know to be under the age of 13 engaged in | ||||||
5 | any activity described in subparagraphs (i) through (vii) | ||||||
6 | of paragraph (1) of this subsection; or | ||||||
7 | (4) solicits, uses, persuades, induces, entices, or | ||||||
8 | coerces any child whom he or she knows or reasonably should | ||||||
9 | know to be under the age of 13 to appear in any stage play, | ||||||
10 | live presentation, film, videotape, photograph or other | ||||||
11 | similar visual reproduction or depiction by computer in | ||||||
12 | which the child or severely or profoundly mentally retarded | ||||||
13 | person is or will be depicted, actually or by simulation, | ||||||
14 | in any act, pose or setting described in subparagraphs (i) | ||||||
15 | through (vii) of paragraph (1) of this subsection; or | ||||||
16 | (5) is a parent, step-parent, legal guardian or other | ||||||
17 | person having care or custody of a child whom the person | ||||||
18 | knows or reasonably should know to be under the age of 13 | ||||||
19 | and who knowingly permits, induces, promotes, or arranges | ||||||
20 | for such child to appear in any stage play, live | ||||||
21 | performance, film, videotape, photograph or other similar | ||||||
22 | visual presentation, portrayal or simulation or depiction | ||||||
23 | by computer of any act or activity described in | ||||||
24 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
25 | subsection; or | ||||||
26 | (6) with knowledge of the nature or content thereof, |
| |||||||
| |||||||
1 | possesses any film, videotape, photograph or other similar | ||||||
2 | visual reproduction or depiction by computer of any child | ||||||
3 | whom the person knows or reasonably should know to be under | ||||||
4 | the age of 13 engaged in any activity described in | ||||||
5 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
6 | subsection; or | ||||||
7 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
8 | entices, or coerces a person to provide a child under the | ||||||
9 | age of 13 to appear in any videotape, photograph, film, | ||||||
10 | stage play, live presentation, or other similar visual | ||||||
11 | reproduction or depiction by computer in which the child | ||||||
12 | will be depicted, actually or by simulation, in any act, | ||||||
13 | pose, or setting described in subparagraphs (i) through | ||||||
14 | (vii) of paragraph (1) of this subsection. | ||||||
15 | (b)(1) It shall be an affirmative defense to a charge of | ||||||
16 | aggravated child pornography that the defendant reasonably | ||||||
17 | believed, under all of the circumstances, that the child was 13 | ||||||
18 | years of age or older, but only where, prior to the act or acts | ||||||
19 | giving rise to a prosecution under this Section, he or she took | ||||||
20 | some affirmative action or made a bonafide inquiry designed to | ||||||
21 | ascertain whether the child was 13 years of age or older and | ||||||
22 | his or her reliance upon the information so obtained was | ||||||
23 | clearly reasonable. | ||||||
24 | (2) The charge of aggravated child pornography shall not | ||||||
25 | apply to the performance of official duties by law enforcement | ||||||
26 | or prosecuting officers or persons employed by law enforcement |
| |||||||
| |||||||
1 | or prosecuting agencies, court personnel or attorneys, nor to | ||||||
2 | bonafide treatment or professional education programs | ||||||
3 | conducted by licensed physicians, psychologists or social | ||||||
4 | workers. | ||||||
5 | (3) If the defendant possessed more than one 3 of the same | ||||||
6 | film, videotape or visual reproduction or depiction by computer | ||||||
7 | in which aggravated child pornography is depicted, then the | ||||||
8 | trier of fact may infer that the defendant possessed such | ||||||
9 | materials with the intent to disseminate them. | ||||||
10 | (4) The charge of aggravated child pornography does not | ||||||
11 | apply to a person who does not voluntarily possess a film, | ||||||
12 | videotape, or visual reproduction or depiction by computer in | ||||||
13 | which aggravated child pornography is depicted. Possession is | ||||||
14 | voluntary if the defendant knowingly procures or receives a | ||||||
15 | film, videotape, or visual reproduction or depiction for a | ||||||
16 | sufficient time to be able to terminate his or her possession. | ||||||
17 | (5) Any violation of paragraph (1), (2), (3), (4), (5), or | ||||||
18 | (7) of subsection (a) that includes a child engaged in, | ||||||
19 | solicited for, depicted in, or posed in any act of sexual | ||||||
20 | penetration or bound, fettered, or subject to sadistic, | ||||||
21 | masochistic, or sadomasochistic abuse in a sexual context shall | ||||||
22 | be deemed a crime of violence. | ||||||
23 | (c) Sentence:
(1) A person who commits a violation of | ||||||
24 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is | ||||||
25 | guilty of a Class X felony with a mandatory minimum fine of | ||||||
26 | $2,000 and a maximum fine of $100,000. |
| |||||||
| |||||||
1 | (2) A person who commits a violation of paragraph (6) of | ||||||
2 | subsection (a) is guilty of a Class 2 felony with a mandatory | ||||||
3 | minimum fine of $1000 and a maximum fine of $100,000. | ||||||
4 | (3) A person who commits a violation of paragraph (1), (2), | ||||||
5 | (3), (4), (5), or (7) of subsection (a) where the defendant has | ||||||
6 | previously been convicted under the laws of this State or any | ||||||
7 | other state of the offense of child pornography, aggravated | ||||||
8 | child pornography, aggravated criminal sexual abuse, | ||||||
9 | aggravated criminal sexual assault, predatory criminal sexual | ||||||
10 | assault of a child, or any of the offenses formerly known as | ||||||
11 | rape, deviate sexual assault, indecent liberties with a child, | ||||||
12 | or aggravated indecent liberties with a child where the victim | ||||||
13 | was under the age of 18 years or an offense that is | ||||||
14 | substantially equivalent to those offenses, is guilty of a | ||||||
15 | Class X felony for which the person shall be sentenced to a | ||||||
16 | term of imprisonment of not less than 9 years with a mandatory | ||||||
17 | minimum fine of $2,000 and a maximum fine of $100,000. | ||||||
18 | (4) A person who commits a violation of paragraph (6) of | ||||||
19 | subsection (a) where the defendant has previously been | ||||||
20 | convicted under the laws of this State or any other state of | ||||||
21 | the offense of child pornography, aggravated child | ||||||
22 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
23 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
24 | child, or any of the offenses formerly known as rape, deviate | ||||||
25 | sexual assault, indecent liberties with a child, or aggravated | ||||||
26 | indecent liberties with a child where the victim was under the |
| |||||||
| |||||||
1 | age of 18 years or an offense that is substantially equivalent | ||||||
2 | to those offenses, is guilty of a Class 1 felony with a | ||||||
3 | mandatory minimum fine of $1000 and a maximum fine of $100,000. | ||||||
4 | (d) If a person is convicted of a second or subsequent | ||||||
5 | violation of this Section within 10 years of a prior | ||||||
6 | conviction, the court shall order a presentence psychiatric | ||||||
7 | examination of the person. The examiner shall report to the | ||||||
8 | court whether treatment of the person is necessary. | ||||||
9 | (e) Any film, videotape, photograph or other similar visual | ||||||
10 | reproduction or depiction by computer which includes a child | ||||||
11 | under the age of 13 engaged in any activity described in | ||||||
12 | subparagraphs (i) through (vii) of paragraph (1) of subsection | ||||||
13 | (a), and any material or equipment used or intended for use in | ||||||
14 | photographing, filming, printing, producing, reproducing, | ||||||
15 | manufacturing, projecting, exhibiting, depiction by computer, | ||||||
16 | or disseminating such material shall be seized and forfeited in | ||||||
17 | the manner, method and procedure provided by Section 36-1 of | ||||||
18 | this Code for the seizure and forfeiture of vessels, vehicles | ||||||
19 | and aircraft. | ||||||
20 | In addition, any person convicted under this Section is | ||||||
21 | subject to the property forfeiture provisions set forth in | ||||||
22 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
23 | (e-5) Upon the conclusion of a case brought under this | ||||||
24 | Section, the court shall seal all evidence depicting a victim | ||||||
25 | or witness that is sexually explicit. The evidence may be | ||||||
26 | unsealed and viewed, on a motion of the party seeking to unseal |
| |||||||
| |||||||
1 | and view the evidence, only for good cause shown and in the | ||||||
2 | discretion of the court. The motion must expressly set forth | ||||||
3 | the purpose for viewing the material. The State's attorney and | ||||||
4 | the victim, if possible, shall be provided reasonable notice of | ||||||
5 | the hearing on the motion to unseal the evidence. Any person | ||||||
6 | entitled to notice of a hearing under this subsection (e-5) may | ||||||
7 | object to the motion. | ||||||
8 | (f) Definitions. For the purposes of this Section: | ||||||
9 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
10 | exchange or transfer possession, whether with or without | ||||||
11 | consideration or (ii) to make a depiction by computer | ||||||
12 | available for distribution or downloading through the | ||||||
13 | facilities of any telecommunications network or through | ||||||
14 | any other means of transferring computer programs or data | ||||||
15 | to a computer. | ||||||
16 | (2) "Produce" means to direct, promote, advertise, | ||||||
17 | publish, manufacture, issue, present or show. | ||||||
18 | (3) "Reproduce" means to make a duplication or copy. | ||||||
19 | (4) "Depict by computer" means to generate or create, | ||||||
20 | or cause to be created or generated, a computer program or | ||||||
21 | data that, after being processed by a computer either alone | ||||||
22 | or in conjunction with one or more computer programs, | ||||||
23 | results in a visual depiction on a computer monitor, | ||||||
24 | screen, or display. | ||||||
25 | (5) "Depiction by computer" means a computer program or | ||||||
26 | data that, after being processed by a computer either alone |
| |||||||
| |||||||
1 | or in conjunction with one or more computer programs, | ||||||
2 | results in a visual depiction on a computer monitor, | ||||||
3 | screen, or display. | ||||||
4 | (6) "Computer", "computer program", and "data" have | ||||||
5 | the meanings ascribed to them in Section 16D-2 of this | ||||||
6 | Code. | ||||||
7 | (7) For the purposes of this Section, "child" means a | ||||||
8 | person, either in part or in total, under the age of 13, | ||||||
9 | regardless of the method by which the film, videotape, | ||||||
10 | photograph, or other similar visual medium or reproduction | ||||||
11 | or depiction by computer is created, adopted, or modified | ||||||
12 | to appear as such. | ||||||
13 | (8) "Sexual penetration" and "sexual conduct" have the | ||||||
14 | meanings ascribed to them in Section 12-12 of this Code. | ||||||
15 | (g) When a charge of aggravated child pornography is | ||||||
16 | brought, the age of the child is an element of the offense to | ||||||
17 | be resolved by the trier of fact as either exceeding or not | ||||||
18 | exceeding the age in question. The trier of fact can rely on | ||||||
19 | its own everyday observations and common experiences in making | ||||||
20 | this determination.
| ||||||
21 | (Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712, | ||||||
22 | eff. 1-1-10; revised 10-1-09.)
| ||||||
23 | (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
| ||||||
24 | Sec. 11-20.2. Duty of commercial film and photographic | ||||||
25 | print processors to report sexual depiction of children. Duty |
| |||||||
| |||||||
1 | to report child pornography.
| ||||||
2 | (a) Any commercial film and photographic print processor or | ||||||
3 | computer technician who
has knowledge of or observes, within | ||||||
4 | the scope of his professional capacity
or employment, any film, | ||||||
5 | photograph, videotape, negative,
slide, computer hard drive or | ||||||
6 | any other magnetic or optical media which
depicts a child whom | ||||||
7 | the processor or computer technician knows or reasonably should | ||||||
8 | know to be
under the age of 18 where such child is:
| ||||||
9 | (i) actually or by simulation engaged in any act of | ||||||
10 | sexual penetration or sexual conduct
with any person or | ||||||
11 | animal; or
| ||||||
12 | (ii) actually or by simulation engaged in any act of | ||||||
13 | sexual penetration or sexual conduct
involving the sex | ||||||
14 | organs of the child and the mouth, anus, or sex organs of
| ||||||
15 | another person or animal; or which involves the mouth, anus | ||||||
16 | or sex organs
of the child and the sex organs of another | ||||||
17 | person or animal; or
| ||||||
18 | (iii) actually or by simulation engaged in any act of | ||||||
19 | masturbation; or
| ||||||
20 | (iv) actually or by simulation portrayed as being the | ||||||
21 | object of, or
otherwise engaged in, any act of lewd | ||||||
22 | fondling, touching, or caressing
involving another person | ||||||
23 | or animal; or
| ||||||
24 | (v) actually or by simulation engaged in any act of | ||||||
25 | excretion or
urination within a sexual context; or
| ||||||
26 | (vi) actually or by simulation portrayed or depicted as |
| |||||||
| |||||||
1 | bound, fettered,
or subject to sadistic, masochistic, or | ||||||
2 | sadomasochistic abuse in any sexual
context; or
| ||||||
3 | (vii) depicted or portrayed in any pose, posture or | ||||||
4 | setting involving a lewd exhibition of the unclothed or | ||||||
5 | transparently clothed genitals, pubic area, buttocks, or, | ||||||
6 | if such person is female, a fully or partially developed | ||||||
7 | breast of the child or other person;
| ||||||
8 | shall report or cause a report to be made pursuant to | ||||||
9 | subsections (b) and (c) as
soon as reasonably possible. Failure | ||||||
10 | to make such report shall be a business offense
with a fine of | ||||||
11 | $1,000.
| ||||||
12 | (b) Commercial film and photographic film processors shall | ||||||
13 | report or cause a report to be made to the local law | ||||||
14 | enforcement agency of the jurisdiction in which the image or | ||||||
15 | images described in subsection (a) are discovered. | ||||||
16 | (c) Computer technicians shall report or cause the report | ||||||
17 | to be made to the local law enforcement agency of the | ||||||
18 | jurisdiction in which the image or images described in | ||||||
19 | subsection (a) are discovered or to the Illinois Child | ||||||
20 | Exploitation e-Tipline at reportchildporn@atg.state.il.us. | ||||||
21 | (d) Reports required by this Act shall include the | ||||||
22 | following information:
(i) name, address, and telephone number | ||||||
23 | of the person filing the report;
(ii) the employer of the | ||||||
24 | person filing the report, if any;
(iii) the name, address and | ||||||
25 | telephone number of the person whose property is the subject of | ||||||
26 | the report, if known;
(iv) the circumstances which led to the |
| |||||||
| |||||||
1 | filing of the report, including a description of the reported | ||||||
2 | content. | ||||||
3 | (e) If a report is filed with the Cyber Tipline at the | ||||||
4 | National Center for Missing and Exploited Children or in | ||||||
5 | accordance with the requirements of 42 U.S.C. 13032, the | ||||||
6 | requirements of this Act will be deemed to have been met. | ||||||
7 | (f) A computer technician or an employer caused to report | ||||||
8 | child pornography under this Section is immune from any | ||||||
9 | criminal, civil, or administrative liability in connection | ||||||
10 | with making the report, except for willful or wanton | ||||||
11 | misconduct. | ||||||
12 | (g) For the purposes of this Section, a "computer | ||||||
13 | technician" is a person who installs, maintains, | ||||||
14 | troubleshoots, repairs or upgrades computer hardware, | ||||||
15 | software, computer networks, peripheral equipment, electronic | ||||||
16 | mail systems, or provides user assistance for any of the | ||||||
17 | aforementioned tasks.
| ||||||
18 | (Source: P.A. 95-983, eff. 6-1-09 .)
| ||||||
19 | (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
| ||||||
20 | Sec. 11-21. Harmful material.
| ||||||
21 | (a) As used in this Section:
| ||||||
22 | "Distribute" means to transfer possession of, whether | ||||||
23 | with or without consideration.
| ||||||
24 | "Harmful to minors" means that quality of any | ||||||
25 | description or representation, in whatever form, of |
| |||||||
| |||||||
1 | nudity, sexual conduct, sexual excitement, or | ||||||
2 | sado-masochistic abuse, when, taken as a whole, it (i) | ||||||
3 | predominately appeals to the prurient interest in sex of | ||||||
4 | minors, (ii) is patently offensive to prevailing standards | ||||||
5 | in the adult community in the State as a whole with respect | ||||||
6 | to what is suitable material for minors, and (iii) lacks | ||||||
7 | serious literary, artistic, political, or scientific value | ||||||
8 | for minors.
| ||||||
9 | "Knowingly" means having knowledge of the contents of | ||||||
10 | the subject matter, or recklessly failing to exercise | ||||||
11 | reasonable inspection which would have disclosed the | ||||||
12 | contents.
| ||||||
13 | "Material" means (i) any picture, photograph, drawing, | ||||||
14 | sculpture, film, video game, computer game, video or | ||||||
15 | similar visual depiction, including any such | ||||||
16 | representation or image which is stored electronically, or | ||||||
17 | (ii) any book, magazine, printed matter however | ||||||
18 | reproduced, or recorded audio of any sort.
| ||||||
19 | "Minor" means any person under the age of 18.
| ||||||
20 | "Nudity" means the showing of the human male or female | ||||||
21 | genitals, pubic area or buttocks with less than a fully | ||||||
22 | full opaque covering, or the showing of the female breast | ||||||
23 | with less than a fully opaque covering of any portion below | ||||||
24 | the top of the nipple, or the depiction of covered male | ||||||
25 | genitals in a discernably turgid state.
| ||||||
26 | "Sado-masochistic abuse" means flagellation or torture |
| |||||||
| |||||||
1 | by or upon a person clad in undergarments, a mask or | ||||||
2 | bizarre costume, or the condition of being fettered, bound | ||||||
3 | or otherwise physically restrained on the part of one | ||||||
4 | clothed for sexual gratification or stimulation.
| ||||||
5 | "Sexual conduct" means acts of masturbation, sexual | ||||||
6 | intercourse, or physical contact with a person's clothed or | ||||||
7 | unclothed genitals, pubic area, buttocks or, if such person | ||||||
8 | be a female, breast.
| ||||||
9 | "Sexual excitement" means the condition of human male | ||||||
10 | or female genitals when in a state of sexual stimulation or | ||||||
11 | arousal.
| ||||||
12 | (b) A person is guilty of distributing harmful material to | ||||||
13 | a minor when he or she:
| ||||||
14 | (1) knowingly sells, lends, distributes, exhibits to, | ||||||
15 | depicts to, or gives away to a minor, knowing that the | ||||||
16 | minor is under the age of 18 or failing to exercise | ||||||
17 | reasonable care in ascertaining the person's true age:
| ||||||
18 | (A) any material which depicts nudity, sexual | ||||||
19 | conduct or sado-masochistic abuse, or which contains | ||||||
20 | explicit and detailed verbal descriptions or narrative | ||||||
21 | accounts of sexual excitement, sexual conduct or | ||||||
22 | sado-masochistic abuse, and which taken as a whole is | ||||||
23 | harmful to minors;
| ||||||
24 | (B) a motion picture, show, or other presentation | ||||||
25 | which depicts nudity, sexual conduct or | ||||||
26 | sado-masochistic abuse and is harmful to minors; or
|
| |||||||
| |||||||
1 | (C) an admission ticket or pass to premises where | ||||||
2 | there is exhibited or to be exhibited such a motion | ||||||
3 | picture, show, or other presentation; or
| ||||||
4 | (2) admits a minor to premises where there is exhibited | ||||||
5 | or to be exhibited such a motion picture, show, or other | ||||||
6 | presentation, knowing that the minor is a person under the | ||||||
7 | age of 18 or failing to exercise reasonable care in | ||||||
8 | ascertaining the person's true age.
| ||||||
9 | (c) In any prosecution arising under this Section, it is an | ||||||
10 | affirmative defense:
| ||||||
11 | (1) that the minor as to whom the offense is alleged to | ||||||
12 | have been committed exhibited to the accused a draft card, | ||||||
13 | driver's license, birth certificate or other official or | ||||||
14 | apparently official document purporting to establish that | ||||||
15 | the minor was 18 years of age or older, which was relied | ||||||
16 | upon by the accused;
| ||||||
17 | (2) that the defendant was in a parental or | ||||||
18 | guardianship relationship with the minor or that the minor | ||||||
19 | was accompanied by a parent or legal guardian;
| ||||||
20 | (3) that the defendant was a bona fide school, museum, | ||||||
21 | or public library, or was a person acting in the course of | ||||||
22 | his or her employment as an employee or official of such | ||||||
23 | organization or retail outlet affiliated with and serving | ||||||
24 | the educational purpose of such organization;
| ||||||
25 | (4) that the act charged was committed in aid of | ||||||
26 | legitimate scientific or educational purposes; or
|
| |||||||
| |||||||
1 | (5) that an advertisement of harmful material as | ||||||
2 | defined in this Section culminated in the sale or | ||||||
3 | distribution of such harmful material to a child under | ||||||
4 | circumstances where there was no personal confrontation of | ||||||
5 | the child by the defendant, his or her employees, or | ||||||
6 | agents, as where the order or request for such harmful | ||||||
7 | material was transmitted by mail, telephone, Internet or | ||||||
8 | similar means of communication, and delivery of such | ||||||
9 | harmful material to the child was by mail, freight, | ||||||
10 | Internet or similar means of transport, which | ||||||
11 | advertisement contained the following statement, or a | ||||||
12 | substantially similar statement, and that the defendant | ||||||
13 | required the purchaser to certify that he or she was not | ||||||
14 | under the age of 18 and that the purchaser falsely stated | ||||||
15 | that he or she was not under the age of 18: "NOTICE: It is | ||||||
16 | unlawful for any person under the age of 18 to purchase the | ||||||
17 | matter advertised. Any person under the age of 18 that | ||||||
18 | falsely states that he or she is not under the age of 18 | ||||||
19 | for the purpose of obtaining the material advertised is | ||||||
20 | guilty of a Class B misdemeanor under the laws of the | ||||||
21 | State."
| ||||||
22 | (d) The predominant appeal to prurient interest of the | ||||||
23 | material shall be judged with reference to average children of | ||||||
24 | the same general age of the child to whom such material was | ||||||
25 | sold, lent, distributed or given, unless it appears from the | ||||||
26 | nature of the matter or the circumstances of its dissemination |
| |||||||
| |||||||
1 | or distribution that it is designed for specially susceptible | ||||||
2 | groups, in which case the predominant appeal of the material | ||||||
3 | shall be judged with reference to its intended or probable | ||||||
4 | recipient group.
| ||||||
5 | (e) Distribution of harmful material in violation of this | ||||||
6 | Section is a Class A misdemeanor. A second or subsequent | ||||||
7 | offense is a Class 4 felony.
| ||||||
8 | (f) Any person under the age of 18 who that falsely states, | ||||||
9 | either orally or in writing, that he or she is not under the | ||||||
10 | age of 18, or who that presents or offers to any person any | ||||||
11 | evidence of age and identity that is false or not actually his | ||||||
12 | or her own with the intent for the purpose of ordering, | ||||||
13 | obtaining, viewing, or otherwise procuring or attempting to | ||||||
14 | procure or view any harmful material is guilty of a Class B | ||||||
15 | misdemeanor.
| ||||||
16 | (g) A person over the age of 18 who fails to exercise | ||||||
17 | reasonable care in ascertaining the true age of a minor, | ||||||
18 | knowingly distributes to, or sends, or causes to be sent, or | ||||||
19 | exhibits to, or offers to distribute, or exhibits any harmful | ||||||
20 | material to a person that he or she believes is a minor is | ||||||
21 | guilty of a Class A misdemeanor. If that person utilized a | ||||||
22 | computer web camera, cellular telephone, or any other type of | ||||||
23 | device to manufacture the harmful material, then each offense | ||||||
24 | is a Class 4 felony. | ||||||
25 | (h) Telecommunications carriers, commercial mobile service | ||||||
26 | providers, and providers of information services, including, |
| |||||||
| |||||||
1 | but not limited to, Internet service providers and hosting | ||||||
2 | service providers, are not liable under this Section, except | ||||||
3 | for willful and wanton misconduct, by virtue of the | ||||||
4 | transmission, storage, or caching of electronic communications | ||||||
5 | or messages of others or by virtue of the provision of other | ||||||
6 | related telecommunications, commercial mobile services, or | ||||||
7 | information services used by others in violation of this | ||||||
8 | Section. | ||||||
9 | (Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10.)
| ||||||
10 | (720 ILCS 5/11-23)
| ||||||
11 | Sec. 11-23. Posting of identifying or graphic information | ||||||
12 | on a pornographic
Internet site or possessing graphic | ||||||
13 | information with pornographic material. | ||||||
14 | (a) A person at least 17 years of age who knowingly | ||||||
15 | discloses on an adult obscenity or
child
pornography Internet | ||||||
16 | site the name, address, telephone number, or e-mail
address of | ||||||
17 | a person
under 17 years of age at the time of the commission of
| ||||||
18 | the offense or of a person at least 17 years of age without the | ||||||
19 | consent of
the person at least 17 years of age is guilty of the | ||||||
20 | offense of posting of
identifying information on a pornographic | ||||||
21 | Internet site.
| ||||||
22 | (a-5) Any person who knowingly places, posts, reproduces, | ||||||
23 | or maintains on an adult obscenity or child pornography | ||||||
24 | Internet site a photograph, video, or digital image of a person | ||||||
25 | under 18 years of age that is not child pornography under |
| |||||||
| |||||||
1 | Section 11-20.1, without the knowledge and consent of the | ||||||
2 | person under 18 years of age, is guilty of the offense of | ||||||
3 | posting of graphic information on a pornographic Internet site. | ||||||
4 | This provision applies even if the person under 18 years of age | ||||||
5 | is fully or properly clothed in the photograph, video, or | ||||||
6 | digital image. | ||||||
7 | (a-10) Any person who knowingly places, posts, reproduces, | ||||||
8 | or maintains on an adult obscenity or child pornography | ||||||
9 | Internet site, or possesses with obscene or child pornographic | ||||||
10 | material a photograph, video, or digital image of a person | ||||||
11 | under 18 years of age in which the child is posed in a | ||||||
12 | suggestive manner with the focus or concentration of the image | ||||||
13 | on the child's clothed genitals, clothed pubic area, clothed | ||||||
14 | buttocks area, or if the child is female, the breast exposed | ||||||
15 | through transparent clothing, and the photograph, video, or | ||||||
16 | digital image is not child pornography under Section 11-20.1, | ||||||
17 | is guilty of posting of graphic information on a pornographic | ||||||
18 | Internet site or possessing graphic information with | ||||||
19 | pornographic material. | ||||||
20 | (b) Sentence. A person who violates subsection (a) of this | ||||||
21 | Section is guilty of a Class 4
felony if the victim is at least | ||||||
22 | 17 years of age at the time of the offense and
a
Class 3 felony | ||||||
23 | if the victim is under 17 years of age at the time of the
| ||||||
24 | offense. A person who violates subsection (a-5) of this Section | ||||||
25 | is guilty of a Class 4 felony. A person who violates subsection | ||||||
26 | (a-10) of this Section is guilty of a Class 3 felony.
|
| |||||||
| |||||||
1 | (c) Definitions. For purposes of this Section:
| ||||||
2 | (1) "Adult obscenity or child pornography Internet | ||||||
3 | site" means a site on
the Internet that contains material | ||||||
4 | that is obscene as defined in Section 11-20
of this Code or
| ||||||
5 | that is child pornography as defined in Section 11-20.1 of | ||||||
6 | this Code.
| ||||||
7 | (2) "Internet" has the meaning set forth in Section | ||||||
8 | 16J-5 of this Code includes the World Wide Web, electronic | ||||||
9 | mail, a
news group posting, or Internet file transfer .
| ||||||
10 | (Source: P.A. 95-983, eff. 6-1-09 .)
| ||||||
11 | (720 ILCS 5/11-24) | ||||||
12 | Sec. 11-24. Child photography by sex offender. | ||||||
13 | (a) In this Section: | ||||||
14 | "Child" means a person under 18 years of age. | ||||||
15 | "Child sex offender" has the meaning ascribed to it in
| ||||||
16 | Section 11-0.1 11-9.3 of this Code. | ||||||
17 | (b) It is unlawful for a child sex offender to
knowingly: | ||||||
18 | (1) conduct or operate any type of business in
which he | ||||||
19 | or she photographs, videotapes, or takes a
digital image of | ||||||
20 | a child; or | ||||||
21 | (2) conduct or operate any type of business in
which he | ||||||
22 | or she instructs or directs another person to
photograph, | ||||||
23 | videotape, or take a digital image of a
child; or | ||||||
24 | (3) photograph, videotape, or take a digital image of a | ||||||
25 | child, or instruct or direct another person to photograph, |
| |||||||
| |||||||
1 | videotape, or take a digital image of a child without the | ||||||
2 | consent of the parent or guardian. | ||||||
3 | (c) Sentence. A violation of this Section is a Class 2
| ||||||
4 | felony. A person who violates this Section at a playground, | ||||||
5 | park facility, school, forest preserve, day care facility, or | ||||||
6 | at a facility providing programs or services directed to | ||||||
7 | persons under 17 years of age is guilty of a Class 1 felony.
| ||||||
8 | (Source: P.A. 95-983, eff. 6-1-09 .) | ||||||
9 | (720 ILCS 5/Art. 11 Subdiv. 25 heading new)
| ||||||
10 | SUBDIVISION 25. OTHER OFFENSES
| ||||||
11 | (720 ILCS 5/11-30) (was 720 ILCS 5/11-9)
| ||||||
12 | Sec. 11-30 11-9 . Public indecency.
| ||||||
13 | (a) Any person of the age of 17 years and upwards who | ||||||
14 | performs any of
the following acts in a public place commits a | ||||||
15 | public indecency:
| ||||||
16 | (1) An act of sexual penetration or sexual conduct as | ||||||
17 | defined in Section
12-12 of this Code ; or
| ||||||
18 | (2) A lewd exposure of the body done with intent to | ||||||
19 | arouse or to satisfy
the sexual desire of the person.
| ||||||
20 | Breast-feeding of infants is not an act of public | ||||||
21 | indecency.
| ||||||
22 | (b) "Public place" for purposes of this Section means any | ||||||
23 | place where
the conduct may reasonably be expected to be viewed | ||||||
24 | by others.
|
| |||||||
| |||||||
1 | (c) Sentence.
| ||||||
2 | Public indecency is a Class A misdemeanor.
A person | ||||||
3 | convicted of a third or subsequent violation for public | ||||||
4 | indecency
is guilty of a Class 4 felony.
| ||||||
5 | (Source: P.A. 91-115, eff. 1-1-00.)
| ||||||
6 | (720 ILCS 5/11-35) (was 720 ILCS 5/11-7)
| ||||||
7 | Sec. 11-35 11-7 . Adultery. | ||||||
8 | Adultery.) (a) A Any person commits adultery when he or she | ||||||
9 | who has sexual intercourse with
another not his or her spouse | ||||||
10 | commits adultery , if the behavior is open and notorious, and
| ||||||
11 | (1) The person is married and knows the other person | ||||||
12 | involved in such
intercourse is not his spouse; or
| ||||||
13 | (2) The person is not married and knows that the other | ||||||
14 | person
involved in such intercourse is married.
| ||||||
15 | A person shall be exempt from prosecution under this | ||||||
16 | Section if his
liability is based solely on evidence he has | ||||||
17 | given in order to comply with
the requirements of Section 4-1.7 | ||||||
18 | of "The Illinois Public Aid Code",
approved April 11, 1967, as | ||||||
19 | amended.
| ||||||
20 | (b) Sentence.
| ||||||
21 | Adultery is a Class A misdemeanor.
| ||||||
22 | (Source: P.A. 86-490.)
| ||||||
23 | (720 ILCS 5/11-40) (was 720 ILCS 5/11-8)
| ||||||
24 | Sec. 11-40 11-8 . Fornication. |
| |||||||
| |||||||
1 | Fornication.) (a) A Any person commits fornication when he | ||||||
2 | or she knowingly who has sexual intercourse with
another not | ||||||
3 | his or her spouse commits fornication if the behavior is open | ||||||
4 | and
notorious.
| ||||||
5 | A person shall be exempt from prosecution under this | ||||||
6 | Section if his
liability is based solely on evidence he has | ||||||
7 | given in order to comply with the
requirements of Section 4-1.7 | ||||||
8 | of "The Illinois Public Aid Code", approved
April 11, 1967, as | ||||||
9 | amended.
| ||||||
10 | (b) Sentence.
| ||||||
11 | Fornication is a Class B misdemeanor.
| ||||||
12 | (Source: P.A. 86-490.)
| ||||||
13 | (720 ILCS 5/11-45) (was 720 ILCS 5/11-12)
| ||||||
14 | Sec. 11-45 11-12 . Bigamy and Marrying a bigamist . | ||||||
15 | (a) Bigamy. A person commits bigamy when that person has | ||||||
16 | Any person having a husband or wife and who subsequently | ||||||
17 | knowingly marries
another or cohabits in this State after such | ||||||
18 | marriage commits bigamy .
| ||||||
19 | (a-5) Marrying a bigamist. An unmarried person commits | ||||||
20 | marrying a bigamist when that person knowingly marries another | ||||||
21 | under circumstances known to him or her which would render the | ||||||
22 | other person guilty of bigamy under the laws of this State. | ||||||
23 | (b) It shall be an affirmative defense to bigamy and | ||||||
24 | marrying a bigamist that:
| ||||||
25 | (1) The prior marriage was dissolved or declared |
| |||||||
| |||||||
1 | invalid; or
| ||||||
2 | (2) The accused reasonably believed the prior spouse to | ||||||
3 | be dead; or
| ||||||
4 | (3) The prior spouse had been continually absent for a | ||||||
5 | period of 5
years during which time the accused did not | ||||||
6 | know the prior spouse to be
alive; or
| ||||||
7 | (4) The accused reasonably believed that he or she or | ||||||
8 | the person he or she marries was legally eligible to
be | ||||||
9 | married remarry .
| ||||||
10 | (c) Sentence.
| ||||||
11 | Bigamy is a Class 4 felony. Marrying a bigamist is a Class | ||||||
12 | A misdemeanor.
| ||||||
13 | (Source: P.A. 81-230.)
| ||||||
14 | (720 ILCS 5/11-9.4 rep.)
| ||||||
15 | (720 ILCS 5/11-13 rep.)
| ||||||
16 | (720 ILCS 5/11-14.2 rep.)
| ||||||
17 | (720 ILCS 5/11-15 rep.)
| ||||||
18 | (720 ILCS 5/11-15.1 rep.)
| ||||||
19 | (720 ILCS 5/11-16 rep.)
| ||||||
20 | (720 ILCS 5/11-17 rep.)
| ||||||
21 | (720 ILCS 5/11-17.1 rep.)
| ||||||
22 | (720 ILCS 5/11-19 rep.)
| ||||||
23 | (720 ILCS 5/11-19.1 rep.)
| ||||||
24 | (720 ILCS 5/11-19.2 rep.)
| ||||||
25 | (720 ILCS 5/12-12 rep.)
|
| |||||||
| |||||||
1 | Section 6. The Criminal Code of 1961 is amended by | ||||||
2 | repealing Sections 11-9.4, 11-13, 11-14.2, 11-15, 11-15.1, | ||||||
3 | 11-16, 11-17, 11-17.1, 11-19, 11-19.1, 11-19.2, and 12-12. | ||||||
4 | (720 ILCS 150/5.1 rep.) | ||||||
5 | Section 10. The Wrongs to Children Act is amended by | ||||||
6 | repealing Section 5.1.
| ||||||
7 | Section 905. The Secretary of State Merit Employment Code | ||||||
8 | is amended by changing Section 10b.1 as follows:
| ||||||
9 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
| ||||||
10 | Sec. 10b.1. Competitive examinations.
| ||||||
11 | (a) For open competitive
examinations to test the relative | ||||||
12 | fitness of applicants for the
respective positions. Tests shall | ||||||
13 | be designed to eliminate those who
are not qualified for | ||||||
14 | entrance into the Office of the Secretary of State
and to | ||||||
15 | discover the relative fitness of those who are qualified. The
| ||||||
16 | Director may use any one of or any combination of the following
| ||||||
17 | examination methods which in his judgment best serves this end:
| ||||||
18 | investigation of education and experience; test of cultural | ||||||
19 | knowledge;
test of capacity; test of knowledge; test of manual | ||||||
20 | skill; test of
linguistic ability; test of character; test of | ||||||
21 | physical skill; test of
psychological fitness. No person with a | ||||||
22 | record of misdemeanor
convictions except those under Sections | ||||||
23 | 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, |
| |||||||
| |||||||
1 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
| ||||||
2 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, | ||||||
3 | 32-4, and 32-8 , subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
4 | 11-14.3,
and sub-sections 1, 6 and 8 of Section 24-1 of the | ||||||
5 | Criminal Code of
1961, or arrested for any cause but not | ||||||
6 | convicted thereon shall be
disqualified from taking such | ||||||
7 | examinations or subsequent appointment
unless the person is | ||||||
8 | attempting to qualify for a position which would
give him the | ||||||
9 | powers of a peace officer, in which case the person's
| ||||||
10 | conviction or arrest record may be considered as a factor in | ||||||
11 | determining
the person's fitness for the position. All | ||||||
12 | examinations shall be
announced publicly at least 2 weeks in | ||||||
13 | advance of the date of
examinations and may be advertised | ||||||
14 | through the press, radio or other
media.
| ||||||
15 | The Director may, at his discretion, accept the results of
| ||||||
16 | competitive examinations conducted by any merit system | ||||||
17 | established by
Federal law or by the law of any State, and may | ||||||
18 | compile eligible lists
therefrom or may add the names of | ||||||
19 | successful candidates in examinations
conducted by those merit | ||||||
20 | systems to existing eligible lists in
accordance with their | ||||||
21 | respective ratings. No person who is a
non-resident of the | ||||||
22 | State of Illinois may be appointed from those
eligible lists, | ||||||
23 | however, unless the requirement that applicants be
residents of | ||||||
24 | the State of Illinois is waived by the Director of
Personnel | ||||||
25 | and unless there are less than 3 Illinois residents available
| ||||||
26 | for appointment from the appropriate eligible list. The results |
| |||||||
| |||||||
1 | of the
examinations conducted by other merit systems may not be | ||||||
2 | used unless
they are comparable in difficulty and | ||||||
3 | comprehensiveness to examinations
conducted by the Department | ||||||
4 | of Personnel for similar positions. Special
linguistic options | ||||||
5 | may also be established where deemed appropriate.
| ||||||
6 | (b) The Director of Personnel may require that each person | ||||||
7 | seeking
employment with the Secretary of State, as part of the | ||||||
8 | application
process, authorize an investigation to determine | ||||||
9 | if the applicant has
ever been convicted of a crime and if so, | ||||||
10 | the disposition of those
convictions; this authorization shall | ||||||
11 | indicate the scope of the inquiry
and the agencies which may be | ||||||
12 | contacted. Upon this authorization, the
Director of Personnel | ||||||
13 | may request and receive information and assistance
from any | ||||||
14 | federal, state or local governmental agency as part of the
| ||||||
15 | authorized investigation. The investigation shall be | ||||||
16 | undertaken after the
fingerprinting of an applicant in the form | ||||||
17 | and manner prescribed by the
Department of State Police. The | ||||||
18 | investigation shall consist of a criminal
history records check | ||||||
19 | performed by the Department of State Police and the
Federal | ||||||
20 | Bureau of Investigation, or some other entity that has the | ||||||
21 | ability to
check the applicant's fingerprints against the | ||||||
22 | fingerprint records now and
hereafter filed in the Department | ||||||
23 | of State Police and Federal Bureau of
Investigation criminal | ||||||
24 | history records databases. If the Department of State
Police | ||||||
25 | and the Federal Bureau of Investigation
conduct an | ||||||
26 | investigation directly for the Secretary of State's Office, |
| |||||||
| |||||||
1 | then
the Department of State Police shall charge a fee for | ||||||
2 | conducting the criminal
history records check, which shall be | ||||||
3 | deposited in the State Police Services
Fund and shall not | ||||||
4 | exceed the actual cost of the records check. The
Department of | ||||||
5 | State Police shall
provide information concerning any criminal | ||||||
6 | convictions, and their
disposition, brought against the | ||||||
7 | applicant or prospective employee of
the Secretary of State | ||||||
8 | upon request of the Department of Personnel when
the request is | ||||||
9 | made in the form and manner required by the Department of
State | ||||||
10 | Police. The information derived from this investigation,
| ||||||
11 | including the source of this information, and any conclusions | ||||||
12 | or
recommendations derived from this information by the | ||||||
13 | Director of
Personnel shall be provided to the applicant or | ||||||
14 | prospective employee, or
his designee, upon request to the | ||||||
15 | Director of Personnel prior to any
final action by the Director | ||||||
16 | of Personnel on the application. No
information obtained from | ||||||
17 | such investigation may be placed in any
automated information | ||||||
18 | system. Any criminal convictions and their
disposition | ||||||
19 | information obtained by the Director of Personnel shall be
| ||||||
20 | confidential and may not be transmitted outside the Office of | ||||||
21 | the
Secretary of State, except as required herein, and may not | ||||||
22 | be
transmitted to anyone within the Office of the Secretary of | ||||||
23 | State except
as needed for the purpose of evaluating the | ||||||
24 | application. The only
physical identity materials which the | ||||||
25 | applicant or prospective employee
can be required to provide | ||||||
26 | the Director of Personnel are photographs or
fingerprints; |
| |||||||
| |||||||
1 | these shall be returned to the applicant or prospective
| ||||||
2 | employee upon request to the Director of Personnel, after the
| ||||||
3 | investigation has been completed and no copy of these materials | ||||||
4 | may be
kept by the Director of Personnel or any agency to which | ||||||
5 | such identity
materials were transmitted. Only information and | ||||||
6 | standards which bear a
reasonable and rational relation to the | ||||||
7 | performance of an employee shall
be used by the Director of | ||||||
8 | Personnel. The Secretary of State shall
adopt rules and | ||||||
9 | regulations for the administration of this Section. Any
| ||||||
10 | employee of the Secretary of State who gives or causes to be | ||||||
11 | given away
any confidential information concerning any | ||||||
12 | criminal convictions and
their disposition of an applicant or | ||||||
13 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
14 | unless release of such information is
authorized by this | ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
17 | Section 910. The Comptroller Merit Employment Code is | ||||||
18 | amended by changing Section 10b.1 as follows:
| ||||||
19 | (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
| ||||||
20 | Sec. 10b.1. Competitive examinations. For open competitive | ||||||
21 | examinations
to test the relative fitness of applicants for the | ||||||
22 | respective positions.
Tests shall be designed to eliminate | ||||||
23 | those who are not qualified for entrance
into the Office of the | ||||||
24 | Comptroller and to discover the relative fitness
of those who |
| |||||||
| |||||||
1 | are qualified. The Director may use any one of or any | ||||||
2 | combination
of the following examination methods which in his | ||||||
3 | judgment best serves this
end: investigation of education and | ||||||
4 | experience; test of cultural knowledge;
test of capacity; test | ||||||
5 | of knowledge; test of manual skill; test of linguistic
ability; | ||||||
6 | test of character; test of physical skill; test of | ||||||
7 | psychological
fitness. No person with a record of misdemeanor | ||||||
8 | convictions except those
under Sections 11-1.50, 11-6, 11-7, | ||||||
9 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, | ||||||
10 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
11 | 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8 , | ||||||
12 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
13 | sub-sections 1, 6 and
8 of Section 24-1 of the Criminal Code of | ||||||
14 | 1961, or arrested for any cause
but not convicted thereon shall | ||||||
15 | be disqualified
from taking such examinations or subsequent | ||||||
16 | appointment unless the person
is attempting to qualify for a | ||||||
17 | position which entails financial
responsibilities,
in which | ||||||
18 | case the person's conviction or arrest record
may be considered | ||||||
19 | as a factor in determining the person's fitness for the
| ||||||
20 | position. All examinations shall be announced publicly at least | ||||||
21 | 2 weeks
in advance of the date of examinations and may be | ||||||
22 | advertised through the
press, radio or other media.
| ||||||
23 | The Director may, at his or her discretion, accept the | ||||||
24 | results of
competitive examinations
conducted by any merit | ||||||
25 | system established by Federal law or by the law of
any State, | ||||||
26 | and may compile eligible lists therefrom or may add the names
|
| |||||||
| |||||||
1 | of successful candidates in examinations conducted by those | ||||||
2 | merit systems
to existing eligible lists in accordance with | ||||||
3 | their respective ratings.
No person who is a non-resident of | ||||||
4 | the State of Illinois may be appointed
from those eligible | ||||||
5 | lists, however, unless the requirement that applicants
be | ||||||
6 | residents of the State of Illinois is waived by the Director of | ||||||
7 | Human
Resources
and unless there are less than 3 Illinois | ||||||
8 | residents available for appointment
from the appropriate | ||||||
9 | eligible list. The results of the examinations conducted
by | ||||||
10 | other merit systems may not be used unless they are comparable | ||||||
11 | in difficulty
and comprehensiveness to examinations conducted | ||||||
12 | by the Department of Human
Resources
for similar positions. | ||||||
13 | Special linguistic options may also be established
where deemed | ||||||
14 | appropriate.
| ||||||
15 | (Source: P.A. 90-24, eff. 6-20-97.)
| ||||||
16 | Section 915. The Personnel Code is amended by changing | ||||||
17 | Section 8b.1 as follows:
| ||||||
18 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
19 | Sec. 8b.1. For open competitive
examinations to test the | ||||||
20 | relative fitness of
applicants for the respective positions.
| ||||||
21 | Tests shall be designed to eliminate those who are not | ||||||
22 | qualified for
entrance into or promotion within the service, | ||||||
23 | and to discover the relative
fitness of those who are | ||||||
24 | qualified. The Director may use any one of or any
combination |
| |||||||
| |||||||
1 | of the following examination methods which in his judgment best
| ||||||
2 | serves this end: investigation of education; investigation of | ||||||
3 | experience;
test of cultural knowledge; test of capacity; test | ||||||
4 | of knowledge; test of
manual skill; test of linguistic ability; | ||||||
5 | test of character; test of
physical fitness; test of | ||||||
6 | psychological fitness. No person with a record of
misdemeanor | ||||||
7 | convictions except those under Sections 11-1.50, 11-6, 11-7, | ||||||
8 | 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, | ||||||
9 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, | ||||||
10 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8 , | ||||||
11 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
| ||||||
12 | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of | ||||||
13 | 1961 or
arrested for any cause but not convicted thereon shall | ||||||
14 | be disqualified from
taking such examinations or subsequent | ||||||
15 | appointment, unless the person is
attempting to qualify for a | ||||||
16 | position which would give him the powers of a
peace officer, in | ||||||
17 | which case the person's conviction or arrest record may
be | ||||||
18 | considered as a factor in determining the person's fitness for | ||||||
19 | the
position. The eligibility conditions specified for the | ||||||
20 | position of
Assistant Director of Healthcare and Family | ||||||
21 | Services in the Department of Healthcare and Family Services in | ||||||
22 | Section
5-230 of the Departments of State Government Law (20 | ||||||
23 | ILCS
5/5-230) shall be applied to that position in addition to | ||||||
24 | other
standards, tests or criteria established by the Director. | ||||||
25 | All examinations
shall be announced publicly at least 2 weeks | ||||||
26 | in advance of the date of the
examinations and may be |
| |||||||
| |||||||
1 | advertised through the press, radio and other
media. The | ||||||
2 | Director may, however, in his discretion, continue to receive
| ||||||
3 | applications and examine candidates long enough to assure a | ||||||
4 | sufficient
number of eligibles to meet the needs of the service | ||||||
5 | and may add the names
of successful candidates to existing | ||||||
6 | eligible lists in accordance with
their respective ratings.
| ||||||
7 | The Director may, in his discretion, accept the results of | ||||||
8 | competitive
examinations conducted by any merit system | ||||||
9 | established by federal law or by
the law of any State, and may | ||||||
10 | compile eligible lists therefrom or may add
the names of | ||||||
11 | successful candidates in examinations conducted by those merit
| ||||||
12 | systems to existing eligible lists in accordance with their | ||||||
13 | respective
ratings. No person who is a non-resident of the | ||||||
14 | State of Illinois may be
appointed from those eligible lists, | ||||||
15 | however, unless the requirement that
applicants be residents of | ||||||
16 | the State of Illinois is waived by the Director
of Central | ||||||
17 | Management Services and unless there are less than 3 Illinois
| ||||||
18 | residents available
for appointment from the appropriate | ||||||
19 | eligible list. The results of the
examinations conducted by | ||||||
20 | other merit systems may not be used unless they
are comparable | ||||||
21 | in difficulty and comprehensiveness to examinations
conducted | ||||||
22 | by the Department of Central Management Services
for similar | ||||||
23 | positions. Special
linguistic options may also be established | ||||||
24 | where deemed appropriate.
| ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 920. The Children and Family Services Act is | ||||||
2 | amended by changing Section 7 as follows:
| ||||||
3 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
4 | Sec. 7. Placement of children; considerations.
| ||||||
5 | (a) In placing any child under this Act, the Department | ||||||
6 | shall place
such child, as far as possible, in the care and | ||||||
7 | custody of some individual
holding the same religious belief as | ||||||
8 | the parents of the child, or with some
child care facility | ||||||
9 | which is operated by persons of like religious faith as
the | ||||||
10 | parents of such child.
| ||||||
11 | (b) In placing a child under this Act, the Department may | ||||||
12 | place a child
with a relative if the Department determines that | ||||||
13 | the relative
will be able to adequately provide for the child's | ||||||
14 | safety and welfare based on the factors set forth in the | ||||||
15 | Department's rules governing relative placements, and that the | ||||||
16 | placement is consistent with the child's best interests, taking | ||||||
17 | into consideration the factors set out in subsection (4.05) of | ||||||
18 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
19 | When the Department first assumes custody of a child, in | ||||||
20 | placing that child under this Act, the Department shall make | ||||||
21 | reasonable efforts to identify and locate a relative who is | ||||||
22 | ready, willing, and able to care for the child. At a minimum, | ||||||
23 | these efforts shall be renewed each time the child requires a | ||||||
24 | placement change and it is appropriate for the child to be | ||||||
25 | cared for in a home environment. The Department must document |
| |||||||
| |||||||
1 | its efforts to identify and locate such a relative placement | ||||||
2 | and maintain the documentation in the child's case file. | ||||||
3 | If the Department determines that a placement with any | ||||||
4 | identified relative is not in the child's best interests or | ||||||
5 | that the relative does not meet the requirements to be a | ||||||
6 | relative caregiver, as set forth in Department rules or by | ||||||
7 | statute, the Department must document the basis for that | ||||||
8 | decision and maintain the documentation in the child's case | ||||||
9 | file.
| ||||||
10 | If, pursuant to the Department's rules, any person files an | ||||||
11 | administrative appeal of the Department's decision not to place | ||||||
12 | a child with a relative, it is the Department's burden to prove | ||||||
13 | that the decision is consistent with the child's best | ||||||
14 | interests. | ||||||
15 | When the Department determines that the child requires | ||||||
16 | placement in an environment, other than a home environment, the | ||||||
17 | Department shall continue to make reasonable efforts to | ||||||
18 | identify and locate relatives to serve as visitation resources | ||||||
19 | for the child and potential future placement resources, except | ||||||
20 | when the Department determines that those efforts would be | ||||||
21 | futile or inconsistent with the child's best interests. | ||||||
22 | If the Department determines that efforts to identify and | ||||||
23 | locate relatives would be futile or inconsistent with the | ||||||
24 | child's best interests, the Department shall document the basis | ||||||
25 | of its determination and maintain the documentation in the | ||||||
26 | child's case file. |
| |||||||
| |||||||
1 | If the Department determines that an individual or a group | ||||||
2 | of relatives are inappropriate to serve as visitation resources | ||||||
3 | or possible placement resources, the Department shall document | ||||||
4 | the basis of its determination and maintain the documentation | ||||||
5 | in the child's case file. | ||||||
6 | When the Department determines that an individual or a | ||||||
7 | group of relatives are appropriate to serve as visitation | ||||||
8 | resources or possible future placement resources, the | ||||||
9 | Department shall document the basis of its determination, | ||||||
10 | maintain the documentation in the child's case file, create a | ||||||
11 | visitation or transition plan, or both, and incorporate the | ||||||
12 | visitation or transition plan, or both, into the child's case | ||||||
13 | plan. For the purpose of this subsection, any determination as | ||||||
14 | to the child's best interests shall include consideration of | ||||||
15 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
16 | Juvenile Court Act of 1987.
| ||||||
17 | The Department may not place a child with a relative, with | ||||||
18 | the exception of
certain circumstances which may be waived as | ||||||
19 | defined by the Department in
rules, if the results of a check | ||||||
20 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
21 | a prior criminal conviction of the relative or
any adult member | ||||||
22 | of the relative's household for any of the following offenses
| ||||||
23 | under the Criminal Code of 1961:
| ||||||
24 | (1) murder;
| ||||||
25 | (1.1) solicitation of murder;
| ||||||
26 | (1.2) solicitation of murder for hire;
|
| |||||||
| |||||||
1 | (1.3) intentional homicide of an unborn child;
| ||||||
2 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
3 | (1.5) involuntary manslaughter;
| ||||||
4 | (1.6) reckless homicide;
| ||||||
5 | (1.7) concealment of a homicidal death;
| ||||||
6 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
7 | (1.9) reckless homicide of an unborn child;
| ||||||
8 | (1.10) drug-induced homicide;
| ||||||
9 | (2) a sex offense under Article 11, except offenses | ||||||
10 | described in Sections
11-7, 11-8, 11-12, and 11-13 , 11-35, | ||||||
11 | 11-40, and 11-45 ;
| ||||||
12 | (3) kidnapping;
| ||||||
13 | (3.1) aggravated unlawful restraint;
| ||||||
14 | (3.2) forcible detention;
| ||||||
15 | (3.3) aiding and abetting child abduction;
| ||||||
16 | (4) aggravated kidnapping;
| ||||||
17 | (5) child abduction;
| ||||||
18 | (6) aggravated battery of a child;
| ||||||
19 | (7) criminal sexual assault;
| ||||||
20 | (8) aggravated criminal sexual assault;
| ||||||
21 | (8.1) predatory criminal sexual assault of a child;
| ||||||
22 | (9) criminal sexual abuse;
| ||||||
23 | (10) aggravated sexual abuse;
| ||||||
24 | (11) heinous battery;
| ||||||
25 | (12) aggravated battery with a firearm;
| ||||||
26 | (13) tampering with food, drugs, or cosmetics;
|
| |||||||
| |||||||
1 | (14) drug-induced infliction of great bodily harm;
| ||||||
2 | (15) aggravated stalking;
| ||||||
3 | (16) home invasion;
| ||||||
4 | (17) vehicular invasion;
| ||||||
5 | (18) criminal transmission of HIV;
| ||||||
6 | (19) criminal abuse or neglect of an elderly or | ||||||
7 | disabled person;
| ||||||
8 | (20) child abandonment;
| ||||||
9 | (21) endangering the life or health of a child;
| ||||||
10 | (22) ritual mutilation;
| ||||||
11 | (23) ritualized abuse of a child;
| ||||||
12 | (24) an offense in any other state the elements of | ||||||
13 | which are similar and
bear a substantial relationship to | ||||||
14 | any of the foregoing offenses.
| ||||||
15 | For the purpose of this subsection, "relative" shall include
| ||||||
16 | any person, 21 years of age or over, other than the parent, who | ||||||
17 | (i) is
currently related to the child in any of the following | ||||||
18 | ways by blood or
adoption: grandparent, sibling, | ||||||
19 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
20 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
21 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
22 | step-father, step-mother, or adult
step-brother or | ||||||
23 | step-sister; "relative" also includes a person related in any
| ||||||
24 | of the foregoing ways to a sibling of a child, even though the | ||||||
25 | person is not
related to the child, when the
child and its | ||||||
26 | sibling are placed together with that person. For children who |
| |||||||
| |||||||
1 | have been in the guardianship of the Department, have been | ||||||
2 | adopted, and are subsequently returned to the temporary custody | ||||||
3 | or guardianship of the Department, a "relative" may also | ||||||
4 | include any person who would have qualified as a relative under | ||||||
5 | this paragraph prior to the adoption, but only if the | ||||||
6 | Department determines, and documents, that it would be in the | ||||||
7 | child's best interests to consider this person a relative, | ||||||
8 | based upon the factors for determining best interests set forth | ||||||
9 | in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||||||
10 | of 1987. A relative with
whom a child is placed pursuant to | ||||||
11 | this subsection may, but is not required to,
apply for | ||||||
12 | licensure as a foster family home pursuant to the Child Care | ||||||
13 | Act of
1969; provided, however, that as of July 1, 1995, foster | ||||||
14 | care payments shall be
made only to licensed foster family | ||||||
15 | homes pursuant to the terms of Section 5 of
this Act.
| ||||||
16 | (c) In placing a child under this Act, the Department shall | ||||||
17 | ensure that
the child's health, safety, and best interests are | ||||||
18 | met.
In rejecting placement of a child with an identified | ||||||
19 | relative, the Department shall ensure that the child's health, | ||||||
20 | safety, and best interests are met. In evaluating the best | ||||||
21 | interests of the child, the Department shall take into | ||||||
22 | consideration the factors set forth in subsection (4.05) of | ||||||
23 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
24 | The Department shall consider the individual needs of the
| ||||||
25 | child and the capacity of the prospective foster or adoptive
| ||||||
26 | parents to meet the needs of the child. When a child must be |
| |||||||
| |||||||
1 | placed
outside his or her home and cannot be immediately | ||||||
2 | returned to his or her
parents or guardian, a comprehensive, | ||||||
3 | individualized assessment shall be
performed of that child at | ||||||
4 | which time the needs of the child shall be
determined. Only if | ||||||
5 | race, color, or national origin is identified as a
legitimate | ||||||
6 | factor in advancing the child's best interests shall it be
| ||||||
7 | considered. Race, color, or national origin shall not be | ||||||
8 | routinely
considered in making a placement decision. The | ||||||
9 | Department shall make
special
efforts for the diligent | ||||||
10 | recruitment of potential foster and adoptive families
that | ||||||
11 | reflect the ethnic and racial diversity of the children for | ||||||
12 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
13 | shall include contacting and
working with community | ||||||
14 | organizations and religious organizations and may
include | ||||||
15 | contracting with those organizations, utilizing local media | ||||||
16 | and other
local resources, and conducting outreach activities.
| ||||||
17 | (c-1) At the time of placement, the Department shall | ||||||
18 | consider concurrent
planning, as described in subsection (l-1) | ||||||
19 | of Section 5, so that permanency may
occur at the earliest | ||||||
20 | opportunity. Consideration should be given so that if
| ||||||
21 | reunification fails or is delayed, the placement made is the | ||||||
22 | best available
placement to provide permanency for the child.
| ||||||
23 | (d) The Department may accept gifts, grants, offers of | ||||||
24 | services, and
other contributions to use in making special | ||||||
25 | recruitment efforts.
| ||||||
26 | (e) The Department in placing children in adoptive or |
| |||||||
| |||||||
1 | foster care homes
may not, in any policy or practice relating | ||||||
2 | to the placement of children for
adoption or foster care, | ||||||
3 | discriminate against any child or prospective adoptive
or | ||||||
4 | foster parent on the basis of race.
| ||||||
5 | (Source: P.A. 94-880, eff. 8-1-06.)
| ||||||
6 | Section 925. The Criminal Identification Act is amended by | ||||||
7 | changing Section 5.2 as follows: | ||||||
8 | (20 ILCS 2630/5.2) | ||||||
9 | Sec. 5.2. Expungement and sealing. | ||||||
10 | (a) General Provisions. | ||||||
11 | (1) Definitions. In this Act, words and phrases have
| ||||||
12 | the meanings set forth in this subsection, except when a
| ||||||
13 | particular context clearly requires a different meaning. | ||||||
14 | (A) The following terms shall have the meanings | ||||||
15 | ascribed to them in the Unified Code of Corrections, | ||||||
16 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
17 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
18 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
19 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
20 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
21 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
22 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
23 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
24 | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
| |||||||
| |||||||
1 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
2 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
3 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
4 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
5 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
6 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
7 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
8 | (B) As used in this Section, "charge not initiated | ||||||
9 | by arrest" means a charge (as defined by 730 ILCS | ||||||
10 | 5/5-1-3) brought against a defendant where the | ||||||
11 | defendant is not arrested prior to or as a direct | ||||||
12 | result of the charge. | ||||||
13 | (C) "Conviction" means a judgment of conviction or | ||||||
14 | sentence entered upon a plea of guilty or upon a | ||||||
15 | verdict or finding of guilty of an offense, rendered by | ||||||
16 | a legally constituted jury or by a court of competent | ||||||
17 | jurisdiction authorized to try the case without a jury. | ||||||
18 | An order of supervision successfully completed by the | ||||||
19 | petitioner is not a conviction. An order of qualified | ||||||
20 | probation (as defined in subsection (a)(1)(J)) | ||||||
21 | successfully completed by the petitioner is not a | ||||||
22 | conviction. An order of supervision or an order of | ||||||
23 | qualified probation that is terminated | ||||||
24 | unsatisfactorily is a conviction, unless the | ||||||
25 | unsatisfactory termination is reversed, vacated, or | ||||||
26 | modified and the judgment of conviction, if any, is |
| |||||||
| |||||||
1 | reversed or vacated. | ||||||
2 | (D) "Criminal offense" means a petty offense, | ||||||
3 | business offense, misdemeanor, felony, or municipal | ||||||
4 | ordinance violation (as defined in subsection | ||||||
5 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
6 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
7 | be considered a criminal offense. | ||||||
8 | (E) "Expunge" means to physically destroy the | ||||||
9 | records or return them to the petitioner and to | ||||||
10 | obliterate the petitioner's name from any official | ||||||
11 | index or public record, or both. Nothing in this Act | ||||||
12 | shall require the physical destruction of the circuit | ||||||
13 | court file, but such records relating to arrests or | ||||||
14 | charges, or both, ordered expunged shall be impounded | ||||||
15 | as required by subsections (d)(9)(A)(ii) and | ||||||
16 | (d)(9)(B)(ii). | ||||||
17 | (F) As used in this Section, "last sentence" means | ||||||
18 | the sentence, order of supervision, or order of | ||||||
19 | qualified probation (as defined by subsection | ||||||
20 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
21 | subsection (a)(1)(D)) that terminates last in time in | ||||||
22 | any jurisdiction, regardless of whether the petitioner | ||||||
23 | has included the criminal offense for which the | ||||||
24 | sentence or order of supervision or qualified | ||||||
25 | probation was imposed in his or her petition. If | ||||||
26 | multiple sentences, orders of supervision, or orders |
| |||||||
| |||||||
1 | of qualified probation terminate on the same day and | ||||||
2 | are last in time, they shall be collectively considered | ||||||
3 | the "last sentence" regardless of whether they were | ||||||
4 | ordered to run concurrently. | ||||||
5 | (G) "Minor traffic offense" means a petty offense, | ||||||
6 | business offense, or Class C misdemeanor under the | ||||||
7 | Illinois Vehicle Code or a similar provision of a | ||||||
8 | municipal or local ordinance. | ||||||
9 | (H) "Municipal ordinance violation" means an | ||||||
10 | offense defined by a municipal or local ordinance that | ||||||
11 | is criminal in nature and with which the petitioner was | ||||||
12 | charged or for which the petitioner was arrested and | ||||||
13 | released without charging. | ||||||
14 | (I) "Petitioner" means an adult or a minor | ||||||
15 | prosecuted as an
adult who has applied for relief under | ||||||
16 | this Section. | ||||||
17 | (J) "Qualified probation" means an order of | ||||||
18 | probation under Section 10 of the Cannabis Control Act, | ||||||
19 | Section 410 of the Illinois Controlled Substances Act, | ||||||
20 | Section 70 of the Methamphetamine Control and | ||||||
21 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
22 | of the Criminal Code of 1961 (as those provisions | ||||||
23 | existed before their deletion by Public Act 89-313), | ||||||
24 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
25 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
26 | and Other Drug Abuse and Dependency Act, or Section 10 |
| |||||||
| |||||||
1 | of the Steroid Control Act. For the purpose of this | ||||||
2 | Section, "successful completion" of an order of | ||||||
3 | qualified probation under Section 10-102 of the | ||||||
4 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
5 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
6 | and Dependency Act means that the probation was | ||||||
7 | terminated satisfactorily and the judgment of | ||||||
8 | conviction was vacated. | ||||||
9 | (K) "Seal" means to physically and electronically | ||||||
10 | maintain the records, unless the records would | ||||||
11 | otherwise be destroyed due to age, but to make the | ||||||
12 | records unavailable without a court order, subject to | ||||||
13 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
14 | petitioner's name shall also be obliterated from the | ||||||
15 | official index required to be kept by the circuit court | ||||||
16 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
17 | any index issued by the circuit court clerk before the | ||||||
18 | entry of the order to seal shall not be affected. | ||||||
19 | (L) "Sexual offense committed against a minor" | ||||||
20 | includes but is
not limited to the offenses of indecent | ||||||
21 | solicitation of a child
or criminal sexual abuse when | ||||||
22 | the victim of such offense is
under 18 years of age. | ||||||
23 | (M) "Terminate" as it relates to a sentence or | ||||||
24 | order of supervision or qualified probation includes | ||||||
25 | either satisfactory or unsatisfactory termination of | ||||||
26 | the sentence, unless otherwise specified in this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
3 | convictions for minor traffic offenses shall not affect a | ||||||
4 | petitioner's eligibility to expunge or seal records | ||||||
5 | pursuant to this Section. | ||||||
6 | (3) Exclusions. Except as otherwise provided in | ||||||
7 | subsections (b)(5), (b)(6), and (e) of this Section, the | ||||||
8 | court shall not order: | ||||||
9 | (A) the sealing or expungement of the records of | ||||||
10 | arrests or charges not initiated by arrest that result | ||||||
11 | in an order of supervision for or conviction of:
(i) | ||||||
12 | any sexual offense committed against a
minor; (ii) | ||||||
13 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance; or (iii) | ||||||
15 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance. | ||||||
17 | (B) the sealing or expungement of records of minor | ||||||
18 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
19 | unless the petitioner was arrested and released | ||||||
20 | without charging. | ||||||
21 | (C) the sealing of the records of arrests or | ||||||
22 | charges not initiated by arrest which result in an | ||||||
23 | order of supervision, an order of qualified probation | ||||||
24 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
25 | for the following offenses: | ||||||
26 | (i) offenses included in Article 11 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or a similar provision of a | ||||||
2 | local ordinance, except Section 11-14 of the | ||||||
3 | Criminal Code of 1961 or a similar provision of a | ||||||
4 | local ordinance; | ||||||
5 | (ii) Section 11-1.50, 12-15, 12-30, or 26-5 of | ||||||
6 | the Criminal Code of 1961 or a similar provision of | ||||||
7 | a local ordinance; | ||||||
8 | (iii) offenses defined as "crimes of violence" | ||||||
9 | in Section 2 of the Crime Victims Compensation Act | ||||||
10 | or a similar provision of a local ordinance; | ||||||
11 | (iv) offenses which are Class A misdemeanors | ||||||
12 | under the Humane Care for Animals Act; or | ||||||
13 | (v) any offense or attempted offense that | ||||||
14 | would subject a person to registration under the | ||||||
15 | Sex Offender Registration Act. | ||||||
16 | (D) the sealing of the records of an arrest which | ||||||
17 | results in
the petitioner being charged with a felony | ||||||
18 | offense or records of a charge not initiated by arrest | ||||||
19 | for a felony offense, regardless of the disposition, | ||||||
20 | unless: | ||||||
21 | (i) the charge is amended to a misdemeanor and | ||||||
22 | is otherwise
eligible to be sealed pursuant to | ||||||
23 | subsection (c); | ||||||
24 | (ii) the charge results in first offender | ||||||
25 | probation as set forth in subsection (c)(2)(E); or | ||||||
26 | (iii) the charge is for a Class 4 felony |
| |||||||
| |||||||
1 | offense listed in subsection (c)(2)(F) or the | ||||||
2 | charge is amended to a Class 4 felony offense | ||||||
3 | listed in subsection (c)(2)(F). Records of arrests | ||||||
4 | which result in the petitioner being charged with a | ||||||
5 | Class 4 felony offense listed in subsection | ||||||
6 | (c)(2)(F), records of charges not initiated by | ||||||
7 | arrest for Class 4 felony offenses listed in | ||||||
8 | subsection (c)(2)(F), and records of charges | ||||||
9 | amended to a Class 4 felony offense listed in | ||||||
10 | (c)(2)(F) may be sealed, regardless of the | ||||||
11 | disposition, subject to any waiting periods set | ||||||
12 | forth in subsection (c)(3). | ||||||
13 | (b) Expungement. | ||||||
14 | (1) A petitioner may petition the circuit court to | ||||||
15 | expunge the
records of his or her arrests and charges not | ||||||
16 | initiated by arrest when: | ||||||
17 | (A) He or she has never been convicted of a | ||||||
18 | criminal offense; and | ||||||
19 | (B) Each arrest or charge not initiated by arrest
| ||||||
20 | sought to be expunged resulted in:
(i) acquittal, | ||||||
21 | dismissal, or the petitioner's release without | ||||||
22 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
23 | (ii) a conviction which was vacated or reversed, unless | ||||||
24 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
25 | supervision and such supervision was successfully | ||||||
26 | completed by the petitioner, unless excluded by |
| |||||||
| |||||||
1 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
2 | qualified probation (as defined in subsection | ||||||
3 | (a)(1)(J)) and such probation was successfully | ||||||
4 | completed by the petitioner. | ||||||
5 | (2) Time frame for filing a petition to expunge. | ||||||
6 | (A) When the arrest or charge not initiated by | ||||||
7 | arrest sought to be expunged resulted in an acquittal, | ||||||
8 | dismissal, the petitioner's release without charging, | ||||||
9 | or the reversal or vacation of a conviction, there is | ||||||
10 | no waiting period to petition for the expungement of | ||||||
11 | such records. | ||||||
12 | (B) When the arrest or charge not initiated by | ||||||
13 | arrest
sought to be expunged resulted in an order of | ||||||
14 | supervision, successfully
completed by the petitioner, | ||||||
15 | the following time frames will apply: | ||||||
16 | (i) Those arrests or charges that resulted in | ||||||
17 | orders of
supervision under Section 3-707, 3-708, | ||||||
18 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
19 | similar provision of a local ordinance, or under | ||||||
20 | Section 11-1.50, 12-3.2, 12-15 or 16A-3 of the | ||||||
21 | Criminal Code of 1961, shall not be eligible for | ||||||
22 | expungement until 5 years have passed following | ||||||
23 | the satisfactory termination of the supervision. | ||||||
24 | (ii) Those arrests or charges that resulted in | ||||||
25 | orders
of supervision for any other offenses shall | ||||||
26 | not be
eligible for expungement until 2 years have |
| |||||||
| |||||||
1 | passed
following the satisfactory termination of | ||||||
2 | the supervision. | ||||||
3 | (C) When the arrest or charge not initiated by | ||||||
4 | arrest sought to
be expunged resulted in an order of | ||||||
5 | qualified probation, successfully
completed by the | ||||||
6 | petitioner, such records shall not be eligible for
| ||||||
7 | expungement until 5 years have passed following the | ||||||
8 | satisfactory
termination of the probation. | ||||||
9 | (3) Those records maintained by the Department for
| ||||||
10 | persons arrested prior to their 17th birthday shall be
| ||||||
11 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
12 | Act of 1987. | ||||||
13 | (4) Whenever a person has been arrested for or | ||||||
14 | convicted of any
offense, in the name of a person whose | ||||||
15 | identity he or she has stolen or otherwise
come into | ||||||
16 | possession of, the aggrieved person from whom the identity
| ||||||
17 | was stolen or otherwise obtained without authorization,
| ||||||
18 | upon learning of the person having been arrested using his
| ||||||
19 | or her identity, may, upon verified petition to the chief | ||||||
20 | judge of
the circuit wherein the arrest was made, have a | ||||||
21 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
22 | correct the
arrest record, conviction record, if any, and | ||||||
23 | all official
records of the arresting authority, the | ||||||
24 | Department, other
criminal justice agencies, the | ||||||
25 | prosecutor, and the trial
court concerning such arrest, if | ||||||
26 | any, by removing his or her name
from all such records in |
| |||||||
| |||||||
1 | connection with the arrest and
conviction, if any, and by | ||||||
2 | inserting in the records the
name of the offender, if known | ||||||
3 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
4 | records of the circuit court clerk shall be sealed until | ||||||
5 | further order of
the court upon good cause shown and the | ||||||
6 | name of the
aggrieved person obliterated on the official | ||||||
7 | index
required to be kept by the circuit court clerk under
| ||||||
8 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
9 | not affect any index issued by the circuit court clerk
| ||||||
10 | before the entry of the order. Nothing in this Section
| ||||||
11 | shall limit the Department of State Police or other
| ||||||
12 | criminal justice agencies or prosecutors from listing
| ||||||
13 | under an offender's name the false names he or she has
| ||||||
14 | used. | ||||||
15 | (5) Whenever a person has been convicted of criminal
| ||||||
16 | sexual assault, aggravated criminal sexual assault,
| ||||||
17 | predatory criminal sexual assault of a child, criminal
| ||||||
18 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
19 | victim of that offense may request that the State's
| ||||||
20 | Attorney of the county in which the conviction occurred
| ||||||
21 | file a verified petition with the presiding trial judge at
| ||||||
22 | the petitioner's trial to have a court order entered to | ||||||
23 | seal
the records of the circuit court clerk in connection
| ||||||
24 | with the proceedings of the trial court concerning that
| ||||||
25 | offense. However, the records of the arresting authority
| ||||||
26 | and the Department of State Police concerning the offense
|
| |||||||
| |||||||
1 | shall not be sealed. The court, upon good cause shown,
| ||||||
2 | shall make the records of the circuit court clerk in
| ||||||
3 | connection with the proceedings of the trial court
| ||||||
4 | concerning the offense available for public inspection. | ||||||
5 | (6) If a conviction has been set aside on direct review
| ||||||
6 | or on collateral attack and the court determines by clear
| ||||||
7 | and convincing evidence that the petitioner was factually
| ||||||
8 | innocent of the charge, the court shall enter an
| ||||||
9 | expungement order as provided in subsection (b) of Section
| ||||||
10 | 5-5-4 of the Unified Code of Corrections. | ||||||
11 | (7) Nothing in this Section shall prevent the | ||||||
12 | Department of
State Police from maintaining all records of | ||||||
13 | any person who
is admitted to probation upon terms and | ||||||
14 | conditions and who
fulfills those terms and conditions | ||||||
15 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
16 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
17 | of the
Methamphetamine Control and Community Protection | ||||||
18 | Act,
Section 12-4.3 of the Criminal Code of 1961, Section | ||||||
19 | 10-102
of the Illinois Alcoholism and Other Drug Dependency | ||||||
20 | Act,
Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
21 | and
Dependency Act, or Section 10 of the Steroid Control | ||||||
22 | Act. | ||||||
23 | (c) Sealing. | ||||||
24 | (1) Applicability. Notwithstanding any other provision | ||||||
25 | of this Act to the contrary, and cumulative with any rights | ||||||
26 | to expungement of criminal records, this subsection |
| |||||||
| |||||||
1 | authorizes the sealing of criminal records of adults and of | ||||||
2 | minors prosecuted as adults. | ||||||
3 | (2) Eligible Records. The following records may be | ||||||
4 | sealed: | ||||||
5 | (A) All arrests resulting in release without | ||||||
6 | charging; | ||||||
7 | (B) Arrests or charges not initiated by arrest | ||||||
8 | resulting in acquittal, dismissal, or conviction when | ||||||
9 | the conviction was reversed or vacated, except as | ||||||
10 | excluded by subsection (a)(3)(B) or (a)(3)(D); | ||||||
11 | (C) Arrests or charges not initiated by arrest | ||||||
12 | resulting in orders of supervision successfully | ||||||
13 | completed by the petitioner, unless excluded by | ||||||
14 | subsection (a)(3); | ||||||
15 | (D) Arrests or charges not initiated by arrest | ||||||
16 | resulting in convictions unless excluded by subsection | ||||||
17 | (a)(3); | ||||||
18 | (E) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of first offender probation under | ||||||
20 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
21 | the Illinois Controlled Substances Act, or Section 70 | ||||||
22 | of the Methamphetamine Control and Community | ||||||
23 | Protection Act; and | ||||||
24 | (F) Arrests or charges not initiated by arrest | ||||||
25 | resulting in Class 4 felony convictions for the | ||||||
26 | following offenses: |
| |||||||
| |||||||
1 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
2 | (ii) Section 4 of the Cannabis Control Act; | ||||||
3 | (iii) Section 402 of the Illinois Controlled | ||||||
4 | Substances Act; | ||||||
5 | (iv) the Methamphetamine Precursor Control | ||||||
6 | Act; and | ||||||
7 | (v) the Steroid Control Act. | ||||||
8 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
9 | identified as eligible under subsection (c)(2) may be | ||||||
10 | sealed as follows: | ||||||
11 | (A) Records identified as eligible under | ||||||
12 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
13 | time. | ||||||
14 | (B) Records identified as eligible under | ||||||
15 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
16 | the termination of petitioner's last sentence (as | ||||||
17 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
18 | never been convicted of a criminal offense (as defined | ||||||
19 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
20 | termination of the petitioner's last sentence (as | ||||||
21 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
22 | ever been convicted of a criminal offense (as defined | ||||||
23 | in subsection (a)(1)(D)). | ||||||
24 | (C) Records identified as eligible under | ||||||
25 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
26 | sealed 4 years after the termination of the |
| |||||||
| |||||||
1 | petitioner's last sentence (as defined in subsection | ||||||
2 | (a)(1)(F)). | ||||||
3 | (4) Subsequent felony convictions. A person may not | ||||||
4 | have
subsequent felony conviction records sealed as | ||||||
5 | provided in this subsection
(c) if he or she is convicted | ||||||
6 | of any felony offense after the date of the
sealing of | ||||||
7 | prior felony convictions as provided in this subsection | ||||||
8 | (c). The court may, upon conviction for a subsequent felony | ||||||
9 | offense, order the unsealing of prior felony conviction | ||||||
10 | records previously ordered sealed by the court. | ||||||
11 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
12 | disposition for an eligible record under this subsection | ||||||
13 | (c), the petitioner shall be informed by the court of the | ||||||
14 | right to have the records sealed and the procedures for the | ||||||
15 | sealing of the records. | ||||||
16 | (d) Procedure. The following procedures apply to | ||||||
17 | expungement under subsections (b) and (e), and sealing under | ||||||
18 | subsection (c): | ||||||
19 | (1) Filing the petition. Upon becoming eligible to | ||||||
20 | petition for
the expungement or sealing of records under | ||||||
21 | this Section, the petitioner shall file a petition | ||||||
22 | requesting the expungement
or sealing of records with the | ||||||
23 | clerk of the court where the arrests occurred or the | ||||||
24 | charges were brought, or both. If arrests occurred or | ||||||
25 | charges were brought in multiple jurisdictions, a petition | ||||||
26 | must be filed in each such jurisdiction. The petitioner |
| |||||||
| |||||||
1 | shall pay the applicable fee, if not waived. | ||||||
2 | (2) Contents of petition. The petition shall be
| ||||||
3 | verified and shall contain the petitioner's name, date of
| ||||||
4 | birth, current address and, for each arrest or charge not | ||||||
5 | initiated by
arrest sought to be sealed or expunged, the | ||||||
6 | case number, the date of
arrest (if any), the identity of | ||||||
7 | the arresting authority, and such
other information as the | ||||||
8 | court may require. During the pendency
of the proceeding, | ||||||
9 | the petitioner shall promptly notify the
circuit court | ||||||
10 | clerk of any change of his or her address. | ||||||
11 | (3) Drug test. The petitioner must attach to the | ||||||
12 | petition proof that the petitioner has passed a test taken | ||||||
13 | within 30 days before the filing of the petition showing | ||||||
14 | the absence within his or her body of all illegal | ||||||
15 | substances as defined by the Illinois Controlled | ||||||
16 | Substances Act, the Methamphetamine Control and Community | ||||||
17 | Protection Act, and the Cannabis Control Act if he or she | ||||||
18 | is petitioning to seal felony records pursuant to clause | ||||||
19 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
20 | petitioning to expunge felony records of a qualified | ||||||
21 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
22 | (4) Service of petition. The circuit court clerk shall | ||||||
23 | promptly
serve a copy of the petition on the State's | ||||||
24 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
25 | the
offense, the Department of State Police, the arresting
| ||||||
26 | agency and the chief legal officer of the unit of local
|
| |||||||
| |||||||
1 | government effecting the arrest. | ||||||
2 | (5) Objections. | ||||||
3 | (A) Any party entitled to notice of the petition | ||||||
4 | may file an objection to the petition. All objections | ||||||
5 | shall be in writing, shall be filed with the circuit | ||||||
6 | court clerk, and shall state with specificity the basis | ||||||
7 | of the objection. | ||||||
8 | (B) Objections to a petition to expunge or seal | ||||||
9 | must be filed within 60 days of the date of service of | ||||||
10 | the petition. | ||||||
11 | (6) Entry of order. | ||||||
12 | (A) The Chief Judge of the circuit wherein the | ||||||
13 | charge was brought, any judge of that circuit | ||||||
14 | designated by the Chief Judge, or in counties of less | ||||||
15 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
16 | at the petitioner's trial, if any, shall rule on the | ||||||
17 | petition to expunge or seal as set forth in this | ||||||
18 | subsection (d)(6). | ||||||
19 | (B) Unless the State's Attorney or prosecutor, the | ||||||
20 | Department of
State Police, the arresting agency, or | ||||||
21 | the chief legal officer
files an objection to the | ||||||
22 | petition to expunge or seal within 60 days from the | ||||||
23 | date of service of the petition, the court shall enter | ||||||
24 | an order granting or denying the petition. | ||||||
25 | (7) Hearings. If an objection is filed, the court shall | ||||||
26 | set a date for a hearing and notify the petitioner and all |
| |||||||
| |||||||
1 | parties entitled to notice of the petition of the hearing | ||||||
2 | date at least 30 days prior to the hearing, and shall hear | ||||||
3 | evidence on whether the petition should or should not be | ||||||
4 | granted, and shall grant or deny the petition to expunge or | ||||||
5 | seal the records based on the evidence presented at the | ||||||
6 | hearing. | ||||||
7 | (8) Service of order. After entering an order to | ||||||
8 | expunge or
seal records, the court must provide copies of | ||||||
9 | the order to the
Department, in a form and manner | ||||||
10 | prescribed by the Department,
to the petitioner, to the | ||||||
11 | State's Attorney or prosecutor
charged with the duty of | ||||||
12 | prosecuting the offense, to the
arresting agency, to the | ||||||
13 | chief legal officer of the unit of
local government | ||||||
14 | effecting the arrest, and to such other
criminal justice | ||||||
15 | agencies as may be ordered by the court. | ||||||
16 | (9) Effect of order. | ||||||
17 | (A) Upon entry of an order to expunge records | ||||||
18 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
19 | (i) the records shall be expunged (as defined | ||||||
20 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
21 | the Department, and any other agency as ordered by | ||||||
22 | the court, within 60 days of the date of service of | ||||||
23 | the order, unless a motion to vacate, modify, or | ||||||
24 | reconsider the order is filed pursuant to | ||||||
25 | paragraph (12) of subsection (d) of this Section; | ||||||
26 | (ii) the records of the circuit court clerk |
| |||||||
| |||||||
1 | shall be impounded until further order of the court | ||||||
2 | upon good cause shown and the name of the | ||||||
3 | petitioner obliterated on the official index | ||||||
4 | required to be kept by the circuit court clerk | ||||||
5 | under Section 16 of the Clerks of Courts Act, but | ||||||
6 | the order shall not affect any index issued by the | ||||||
7 | circuit court clerk before the entry of the order; | ||||||
8 | and | ||||||
9 | (iii) in response to an inquiry for expunged | ||||||
10 | records, the court, the Department, or the agency | ||||||
11 | receiving such inquiry, shall reply as it does in | ||||||
12 | response to inquiries when no records ever | ||||||
13 | existed. | ||||||
14 | (B) Upon entry of an order to expunge records | ||||||
15 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
16 | (i) the records shall be expunged (as defined | ||||||
17 | in subsection (a)(1)(E)) by the arresting agency | ||||||
18 | and any other agency as ordered by the court, | ||||||
19 | within 60 days of the date of service of the order, | ||||||
20 | unless a motion to vacate, modify, or reconsider | ||||||
21 | the order is filed pursuant to paragraph (12) of | ||||||
22 | subsection (d) of this Section; | ||||||
23 | (ii) the records of the circuit court clerk | ||||||
24 | shall be impounded until further order of the court | ||||||
25 | upon good cause shown and the name of the | ||||||
26 | petitioner obliterated on the official index |
| |||||||
| |||||||
1 | required to be kept by the circuit court clerk | ||||||
2 | under Section 16 of the Clerks of Courts Act, but | ||||||
3 | the order shall not affect any index issued by the | ||||||
4 | circuit court clerk before the entry of the order; | ||||||
5 | (iii) the records shall be impounded by the
| ||||||
6 | Department within 60 days of the date of service of | ||||||
7 | the order as ordered by the court, unless a motion | ||||||
8 | to vacate, modify, or reconsider the order is filed | ||||||
9 | pursuant to paragraph (12) of subsection (d) of | ||||||
10 | this Section; | ||||||
11 | (iv) records impounded by the Department may | ||||||
12 | be disseminated by the Department only to the | ||||||
13 | arresting authority, the State's Attorney, and the | ||||||
14 | court upon a later arrest for the same or a similar | ||||||
15 | offense or for the purpose of sentencing for any | ||||||
16 | subsequent felony, and to the Department of | ||||||
17 | Corrections upon conviction for any offense; and | ||||||
18 | (v) in response to an inquiry for such records | ||||||
19 | from anyone not authorized by law to access such | ||||||
20 | records the court, the Department, or the agency | ||||||
21 | receiving such inquiry shall reply as it does in | ||||||
22 | response to inquiries when no records ever | ||||||
23 | existed. | ||||||
24 | (C) Upon entry of an order to seal records under | ||||||
25 | subsection
(c), the arresting agency, any other agency | ||||||
26 | as ordered by the court, the Department, and the court |
| |||||||
| |||||||
1 | shall seal the records (as defined in subsection | ||||||
2 | (a)(1)(K)). In response to an inquiry for such records | ||||||
3 | from anyone not authorized by law to access such | ||||||
4 | records the court, the Department, or the agency | ||||||
5 | receiving such inquiry shall reply as it does in | ||||||
6 | response to inquiries when no records ever existed. | ||||||
7 | (10) Fees. The Department may charge the petitioner a | ||||||
8 | fee equivalent to the cost of processing any order to | ||||||
9 | expunge or seal records. Notwithstanding any provision of | ||||||
10 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
11 | clerk may charge a fee equivalent to the cost associated | ||||||
12 | with the sealing or expungement of records by the circuit | ||||||
13 | court clerk. From the total filing fee collected for the | ||||||
14 | petition to seal or expunge, the circuit court clerk shall | ||||||
15 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
16 | Administrative Fund, to be used to offset the costs | ||||||
17 | incurred by the circuit court clerk in performing the | ||||||
18 | additional duties required to serve the petition to seal or | ||||||
19 | expunge on all parties. The circuit court clerk shall | ||||||
20 | collect and forward the Department of State Police portion | ||||||
21 | of the fee to the Department and it shall be deposited in | ||||||
22 | the State Police Services Fund. | ||||||
23 | (11) Final Order. No court order issued under the | ||||||
24 | expungement or sealing provisions of this Section shall | ||||||
25 | become final for purposes of appeal until 30 days after | ||||||
26 | service of the order on the petitioner and all parties |
| |||||||
| |||||||
1 | entitled to notice of the petition. | ||||||
2 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
3 | petitioner or any party entitled to notice may file a | ||||||
4 | motion to vacate, modify, or reconsider the order granting | ||||||
5 | or denying the petition to expunge or seal within 60 days | ||||||
6 | of service of the order. | ||||||
7 | (e) Whenever a person who has been convicted of an offense | ||||||
8 | is granted
a pardon by the Governor which specifically | ||||||
9 | authorizes expungement, he or she may,
upon verified petition | ||||||
10 | to the Chief Judge of the circuit where the person had
been | ||||||
11 | convicted, any judge of the circuit designated by the Chief | ||||||
12 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
13 | presiding trial judge at the
defendant's trial, have a court | ||||||
14 | order entered expunging the record of
arrest from the official | ||||||
15 | records of the arresting authority and order that the
records | ||||||
16 | of the circuit court clerk and the Department be sealed until
| ||||||
17 | further order of the court upon good cause shown or as | ||||||
18 | otherwise provided
herein, and the name of the defendant | ||||||
19 | obliterated from the official index
requested to be kept by the | ||||||
20 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
21 | Act in connection with the arrest and conviction for the | ||||||
22 | offense for
which he or she had been pardoned but the order | ||||||
23 | shall not affect any index issued by
the circuit court clerk | ||||||
24 | before the entry of the order. All records sealed by
the | ||||||
25 | Department may be disseminated by the Department only as | ||||||
26 | required by law or
to the arresting authority, the State's |
| |||||||
| |||||||
1 | Attorney, and the court upon a later
arrest for the same or | ||||||
2 | similar offense or for the purpose of sentencing for any
| ||||||
3 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
4 | the Department
of Corrections shall have access to all sealed | ||||||
5 | records of the Department
pertaining to that individual. Upon | ||||||
6 | entry of the order of expungement, the
circuit court clerk | ||||||
7 | shall promptly mail a copy of the order to the
person who was | ||||||
8 | pardoned. | ||||||
9 | (f) Subject to available funding, the Illinois Department
| ||||||
10 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
11 | especially on employment and recidivism rates, utilizing a
| ||||||
12 | random sample of those who apply for the sealing of their
| ||||||
13 | criminal records under Public Act 93-211. At the request of the
| ||||||
14 | Illinois Department of Corrections, records of the Illinois
| ||||||
15 | Department of Employment Security shall be utilized as
| ||||||
16 | appropriate to assist in the study. The study shall not
| ||||||
17 | disclose any data in a manner that would allow the
| ||||||
18 | identification of any particular individual or employing unit.
| ||||||
19 | The study shall be made available to the General Assembly no
| ||||||
20 | later than September 1, 2010.
| ||||||
21 | (Source: P.A. 96-409, eff. 1-1-10.) | ||||||
22 | Section 930. The Sex Offender Management Board Act is | ||||||
23 | amended by changing Section 10 as follows: | ||||||
24 | (20 ILCS 4026/10)
|
| |||||||
| |||||||
1 | Sec. 10. Definitions. In this Act, unless the context | ||||||
2 | otherwise
requires:
| ||||||
3 | (a) "Board" means the Sex Offender Management Board created | ||||||
4 | in Section 15.
| ||||||
5 | (b) "Sex offender" means any person who is convicted or | ||||||
6 | found delinquent in
the State of Illinois, or under any | ||||||
7 | substantially similar federal law or
law of another state, of | ||||||
8 | any sex offense or attempt of a sex offense as defined
in
| ||||||
9 | subsection (c) of this Section, or any former statute of this | ||||||
10 | State that
defined a felony sex offense, or who has been | ||||||
11 | certified as a sexually dangerous
person under the Sexually | ||||||
12 | Dangerous Persons Act or declared a sexually
violent person | ||||||
13 | under the Sexually Violent Persons Commitment Act, or any
| ||||||
14 | substantially similar
federal law or law of another state.
| ||||||
15 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
16 | described in this
subsection (c) as follows:
| ||||||
17 | (1) Indecent solicitation of a child, in violation of | ||||||
18 | Section 11-6 of the
Criminal Code of 1961;
| ||||||
19 | (2) Indecent solicitation of an adult, in violation of | ||||||
20 | Section 11-6.5 of
the Criminal Code of 1961;
| ||||||
21 | (3) Public indecency, in violation of Section 11-9 or | ||||||
22 | 11-30 of the Criminal Code of
1961;
| ||||||
23 | (4) Sexual exploitation of a child, in violation of | ||||||
24 | Section 11-9.1 of the
Criminal Code of 1961;
| ||||||
25 | (5) Sexual relations within families, in violation of | ||||||
26 | Section 11-11 of the
Criminal Code of 1961;
|
| |||||||
| |||||||
1 | (6) Promoting juvenile prostitution or soliciting | ||||||
2 | Soliciting for a juvenile prostitute, in violation of | ||||||
3 | Section 11-14.4 or 11-15.1
of
the Criminal Code of 1961;
| ||||||
4 | (7) Promoting juvenile prostitution or keeping Keeping | ||||||
5 | a place of juvenile prostitution, in violation of Section
| ||||||
6 | 11-14.4 or 11-17.1 of the Criminal Code of 1961;
| ||||||
7 | (8) Patronizing a juvenile prostitute, in violation of | ||||||
8 | Section 11-18.1 of
the Criminal Code of 1961;
| ||||||
9 | (9) Promoting juvenile prostitution or juvenile | ||||||
10 | Juvenile pimping, in violation of Section 11-14.4 or | ||||||
11 | 11-19.1 of the Criminal
Code
of 1961;
| ||||||
12 | (10) promoting juvenile prostitution or exploitation | ||||||
13 | Exploitation of a child, in violation of Section 11-14.4 or | ||||||
14 | 11-19.2 of the
Criminal Code of 1961;
| ||||||
15 | (11) Child pornography, in violation of Section | ||||||
16 | 11-20.1 of the Criminal
Code
of 1961;
| ||||||
17 | (11.5) Aggravated child pornography, in violation of | ||||||
18 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
19 | (12) Harmful material, in violation of Section 11-21 of | ||||||
20 | the Criminal Code
of
1961;
| ||||||
21 | (13) Criminal sexual assault, in violation of Section | ||||||
22 | 11-1.20 or 12-13 of the
Criminal
Code of 1961;
| ||||||
23 | (14) Aggravated criminal sexual assault, in violation | ||||||
24 | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961;
| ||||||
25 | (15) Predatory criminal sexual assault of a child, in | ||||||
26 | violation of Section
11-1.40 or 12-14.1 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961;
| ||||||
2 | (16) Criminal sexual abuse, in violation of Section | ||||||
3 | 11-1.50 or 12-15 of the Criminal
Code of 1961;
| ||||||
4 | (17) Aggravated criminal sexual abuse, in violation of | ||||||
5 | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961;
| ||||||
6 | (18) Ritualized abuse of a child, in violation of | ||||||
7 | Section 12-33 of the
Criminal Code of 1961;
| ||||||
8 | (19) An attempt to commit any of the offenses | ||||||
9 | enumerated in this
subsection
(c); or
| ||||||
10 | (20) Any felony offense under Illinois law that is | ||||||
11 | sexually motivated.
| ||||||
12 | (d) "Management" means counseling, monitoring, and | ||||||
13 | supervision of any sex
offender that conforms to the standards | ||||||
14 | created by the Board under
Section 15.
| ||||||
15 | (e) "Sexually motivated" means one or more of the facts of | ||||||
16 | the underlying
offense indicates conduct that is of a sexual | ||||||
17 | nature or that shows an intent to
engage in behavior of a | ||||||
18 | sexual nature.
| ||||||
19 | (Source: P.A. 93-616, eff. 1-1-04.)
| ||||||
20 | Section 935. The Illinois Police Training Act is amended by | ||||||
21 | changing Sections 6 and 6.1 as follows:
| ||||||
22 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
23 | Sec. 6. Selection and certification of schools. The Board | ||||||
24 | shall select
and certify schools within the State of
Illinois |
| |||||||
| |||||||
1 | for the purpose of providing basic training for probationary
| ||||||
2 | police officers, probationary county corrections officers, and
| ||||||
3 | court security officers and
of providing advanced or in-service | ||||||
4 | training for permanent police officers
or permanent
county | ||||||
5 | corrections officers, which schools may be either publicly or
| ||||||
6 | privately owned and operated. In addition, the Board has the | ||||||
7 | following
power and duties:
| ||||||
8 | a. To require local governmental units to furnish such | ||||||
9 | reports and
information as the Board deems necessary to | ||||||
10 | fully implement this Act.
| ||||||
11 | b. To establish appropriate mandatory minimum | ||||||
12 | standards
relating to the training of probationary local | ||||||
13 | law enforcement officers
or probationary county | ||||||
14 | corrections officers.
| ||||||
15 | c. To provide appropriate certification to those | ||||||
16 | probationary
officers who successfully complete the | ||||||
17 | prescribed minimum standard basic
training course.
| ||||||
18 | d. To review and approve annual training curriculum for | ||||||
19 | county sheriffs.
| ||||||
20 | e. To review and approve applicants to ensure no | ||||||
21 | applicant is admitted
to a certified academy unless the | ||||||
22 | applicant is a person of good character
and has not been | ||||||
23 | convicted of a felony offense, any of the
misdemeanors in | ||||||
24 | Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, | ||||||
25 | 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, | ||||||
26 | 32-4a, or 32-7 of the Criminal Code
of
1961 , subdivision |
| |||||||
| |||||||
1 | (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code | ||||||
2 | of 1961, or Section 5 or 5.2 of the Cannabis Control Act, | ||||||
3 | or a crime involving
moral
turpitude under the laws of this | ||||||
4 | State or any other state which if
committed in this State | ||||||
5 | would be punishable as a felony or a crime of
moral | ||||||
6 | turpitude. The Board may appoint investigators who shall | ||||||
7 | enforce
the duties conferred upon the Board by this Act.
| ||||||
8 | (Source: P.A. 91-495, eff. 1-1-00.)
| ||||||
9 | (50 ILCS 705/6.1)
| ||||||
10 | Sec. 6.1. Decertification of full-time and part-time | ||||||
11 | police officers.
| ||||||
12 | (a) The Board must review police officer conduct and | ||||||
13 | records to ensure that
no
police officer is certified
or | ||||||
14 | provided a valid waiver if that police officer has been | ||||||
15 | convicted of a
felony offense under the laws of this
State or | ||||||
16 | any other state which if committed in this State would be | ||||||
17 | punishable
as a felony. The Board must also
ensure that no | ||||||
18 | police officer is certified or provided a valid waiver if that
| ||||||
19 | police officer has been convicted on or
after the effective | ||||||
20 | date of this amendatory Act of 1999 of any misdemeanor
| ||||||
21 | specified in this Section or if
committed in any other state | ||||||
22 | would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||||||
23 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, | ||||||
24 | 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of 1961 , | ||||||
25 | to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961, or to Section 5 or
5.2 of the Cannabis | ||||||
2 | Control Act. The Board must appoint investigators to
enforce | ||||||
3 | the duties conferred upon the
Board by this Act.
| ||||||
4 | (b) It is the responsibility of the sheriff or the chief | ||||||
5 | executive officer
of every local law enforcement
agency or | ||||||
6 | department within this State to report to the Board any arrest | ||||||
7 | or
conviction of any officer for an
offense identified in this | ||||||
8 | Section.
| ||||||
9 | (c) It is the duty and responsibility of every full-time | ||||||
10 | and part-time
police officer in this State to report to
the | ||||||
11 | Board within 30 days, and the officer's sheriff or chief | ||||||
12 | executive officer,
of his or her arrest or conviction for
an | ||||||
13 | offense identified in this Section. Any full-time or part-time | ||||||
14 | police
officer who knowingly makes, submits,
causes to be | ||||||
15 | submitted, or files a false or untruthful report to the Board | ||||||
16 | must
have his or her certificate or waiver
immediately | ||||||
17 | decertified or revoked.
| ||||||
18 | (d) Any person, or a local or State agency, or the Board is | ||||||
19 | immune from
liability for submitting,
disclosing, or releasing | ||||||
20 | information of arrests or convictions in this Section
as long | ||||||
21 | as the information is
submitted, disclosed, or released in good | ||||||
22 | faith and without malice. The Board
has qualified immunity for | ||||||
23 | the
release of the information.
| ||||||
24 | (e) Any full-time or part-time police officer with a | ||||||
25 | certificate or waiver
issued by the Board who is
convicted of | ||||||
26 | any offense described in this Section immediately becomes
|
| |||||||
| |||||||
1 | decertified or no longer has a valid
waiver. The | ||||||
2 | decertification and invalidity of waivers occurs as a matter of
| ||||||
3 | law. Failure of a convicted person to
report to the Board his | ||||||
4 | or her conviction as described in this Section or any
continued | ||||||
5 | law enforcement practice
after receiving a conviction is a | ||||||
6 | Class 4 felony.
| ||||||
7 | (f) The Board's investigators are peace officers and have | ||||||
8 | all the powers
possessed by policemen in cities
and by | ||||||
9 | sheriff's, provided that the investigators may exercise those | ||||||
10 | powers
anywhere in the State, only after
contact and | ||||||
11 | cooperation with the appropriate local law enforcement | ||||||
12 | authorities.
| ||||||
13 | (g) The Board must request and receive information and | ||||||
14 | assistance from any
federal, state, or local
governmental | ||||||
15 | agency as part of the authorized criminal background
| ||||||
16 | investigation. The Department of State Police must process, | ||||||
17 | retain, and
additionally
provide
and disseminate information | ||||||
18 | to the Board concerning criminal charges, arrests,
| ||||||
19 | convictions, and their disposition, that have
been filed | ||||||
20 | before, on, or after the effective date of this amendatory Act | ||||||
21 | of
the 91st General Assembly against a basic academy applicant, | ||||||
22 | law enforcement
applicant, or law enforcement officer whose | ||||||
23 | fingerprint identification cards
are on file or maintained by | ||||||
24 | the Department of State Police. The Federal
Bureau
of
| ||||||
25 | Investigation must provide the Board any criminal history | ||||||
26 | record information
contained in its files pertaining to law
|
| |||||||
| |||||||
1 | enforcement officers or any applicant to a Board certified | ||||||
2 | basic law
enforcement academy as described in this Act
based on | ||||||
3 | fingerprint identification. The Board must make payment of fees | ||||||
4 | to the
Department of State Police for each
fingerprint card | ||||||
5 | submission in conformance with the requirements of paragraph
22 | ||||||
6 | of Section 55a of the Civil
Administrative Code of Illinois.
| ||||||
7 | (h) A police officer who has been certified or granted a | ||||||
8 | valid waiver
shall
also be decertified or have his or her | ||||||
9 | waiver revoked upon a determination by
the Illinois Labor | ||||||
10 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
11 | has knowingly and willfully made false statements
as
to a | ||||||
12 | material fact going to an element of the offense of murder. If | ||||||
13 | an appeal
is filed, the determination shall be stayed.
| ||||||
14 | (1) In the case of an acquittal on a charge of murder, | ||||||
15 | a verified
complaint may be filed:
| ||||||
16 | (A) by the defendant; or
| ||||||
17 | (B) by a police officer with personal knowledge of | ||||||
18 | perjured
testimony.
| ||||||
19 | The complaint must allege that a police officer, while | ||||||
20 | under oath, knowingly
and
willfully made false statements | ||||||
21 | as to a material fact going to an element of
the
offense of | ||||||
22 | murder. The verified complaint must be filed with the | ||||||
23 | Executive
Director of the Illinois Law Enforcement | ||||||
24 | Training Standards Board within 2
years of the judgment of | ||||||
25 | acquittal.
| ||||||
26 | (2) Within 30 days, the Executive Director of the |
| |||||||
| |||||||
1 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
2 | review the verified complaint and determine whether the
| ||||||
3 | verified complaint is frivolous and without merit, or | ||||||
4 | whether further
investigation is
warranted. The Illinois | ||||||
5 | Law Enforcement Training Standards Board shall notify
the | ||||||
6 | officer and the Executive Director of the Illinois Labor | ||||||
7 | Relations Board
State Panel of the filing of the complaint | ||||||
8 | and any action taken thereon. If the
Executive Director of | ||||||
9 | the Illinois Law Enforcement Training
Standards Board | ||||||
10 | determines that the verified complaint is frivolous and | ||||||
11 | without
merit, it shall be dismissed. The Executive | ||||||
12 | Director of the Illinois Law
Enforcement Training | ||||||
13 | Standards Board has sole discretion to make this
| ||||||
14 | determination and this decision is not subject to appeal.
| ||||||
15 | (i) If the Executive Director of the Illinois Law | ||||||
16 | Enforcement Training
Standards Board determines that the | ||||||
17 | verified complaint warrants further
investigation, he or she | ||||||
18 | shall refer the matter to a task force of
investigators
created | ||||||
19 | for this purpose. This task force shall consist of 8 sworn | ||||||
20 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
21 | City of Chicago Police Department, 2
from county police | ||||||
22 | departments, and 2 from municipal police departments.
These | ||||||
23 | investigators shall have a minimum of 5 years of experience in | ||||||
24 | conducting
criminal investigations. The investigators shall be | ||||||
25 | appointed by the Executive
Director of the Illinois Law | ||||||
26 | Enforcement Training Standards Board. Any officer
or officers |
| |||||||
| |||||||
1 | acting in this capacity pursuant to this statutory provision | ||||||
2 | will
have
statewide police authority while acting in this | ||||||
3 | investigative capacity. Their
salaries
and expenses for the | ||||||
4 | time spent conducting investigations under this paragraph
| ||||||
5 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
6 | Standards Board.
| ||||||
7 | (j) Once the Executive Director of the Illinois Law | ||||||
8 | Enforcement Training
Standards Board has determined that an | ||||||
9 | investigation is warranted, the verified
complaint shall be | ||||||
10 | assigned to an investigator or investigators. The
investigator
| ||||||
11 | or investigators shall conduct an investigation of the verified | ||||||
12 | complaint and
shall
write a report of his or her findings. This | ||||||
13 | report shall be submitted to the
Executive Director of the | ||||||
14 | Illinois Labor Relations Board State Panel.
| ||||||
15 | Within 30 days, the Executive Director of the Illinois | ||||||
16 | Labor Relations Board
State Panel
shall review the | ||||||
17 | investigative report and determine whether sufficient evidence
| ||||||
18 | exists to
conduct an evidentiary hearing on the verified | ||||||
19 | complaint. If the Executive
Director of the Illinois Labor | ||||||
20 | Relations Board State Panel determines upon his
or
her review | ||||||
21 | of the investigatory report that a hearing should not be | ||||||
22 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
23 | in the Executive Director's sole
discretion, and this dismissal | ||||||
24 | may not be appealed.
| ||||||
25 | If the Executive Director of the Illinois Labor Relations | ||||||
26 | Board
State Panel
determines that there is sufficient evidence |
| |||||||
| |||||||
1 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
2 | verified complaint, to be conducted by an administrative law
| ||||||
3 | judge employed by the Illinois Labor Relations Board State | ||||||
4 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
5 | Board State Panel shall inform the
Executive Director of the | ||||||
6 | Illinois Law Enforcement Training Standards Board and
the | ||||||
7 | person who filed the complaint of either the dismissal of the | ||||||
8 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
9 | Executive Director shall assign the complaint to the
| ||||||
10 | administrative law judge within 30 days
of the
decision | ||||||
11 | granting a hearing.
| ||||||
12 | (k) In the case of a finding of guilt on the offense of | ||||||
13 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
14 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
15 | claim that a police officer, under oath, knowingly and
| ||||||
16 | willfully made false statements as to a material fact going to | ||||||
17 | an element of
the
offense of murder, the Illinois Labor | ||||||
18 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
19 | whether the officer should be decertified if an interested | ||||||
20 | party
requests such a hearing within 2 years of the court's | ||||||
21 | decision. The complaint
shall be assigned to an administrative | ||||||
22 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
23 | At the hearing, the accused officer shall be afforded the | ||||||
24 | opportunity to:
| ||||||
25 | (1) Be represented by counsel of his or her own | ||||||
26 | choosing;
|
| |||||||
| |||||||
1 | (2) Be heard in his or her own defense;
| ||||||
2 | (3) Produce evidence in his or her defense;
| ||||||
3 | (4) Request that the Illinois Labor Relations Board | ||||||
4 | State Panel compel the
attendance of witnesses and | ||||||
5 | production of related documents including but not
limited | ||||||
6 | to court documents and records.
| ||||||
7 | Once a case has been set for hearing, the verified | ||||||
8 | complaint shall be
referred to the Department of Professional | ||||||
9 | Regulation. That office shall
prosecute the verified complaint | ||||||
10 | at the hearing before the administrative law
judge. The | ||||||
11 | Department of Professional Regulation shall have the | ||||||
12 | opportunity to
produce evidence to support the verified | ||||||
13 | complaint and to request the Illinois
Labor
Relations Board | ||||||
14 | State Panel to compel the attendance of witnesses and the
| ||||||
15 | production of related documents, including, but not limited to, | ||||||
16 | court documents
and records. The Illinois Labor Relations Board | ||||||
17 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
18 | the attendance of and testimony of witnesses and
the production | ||||||
19 | of related documents including, but not limited to, court
| ||||||
20 | documents and records and shall have the power to administer | ||||||
21 | oaths.
| ||||||
22 | The administrative law judge shall have the responsibility | ||||||
23 | of receiving into
evidence relevant testimony and documents, | ||||||
24 | including court records, to support
or disprove the allegations | ||||||
25 | made by the person filing the verified complaint
and,
at the | ||||||
26 | close of the case, hear arguments. If the administrative law |
| |||||||
| |||||||
1 | judge finds
that there is not clear and convincing evidence to | ||||||
2 | support the verified
complaint
that the police officer has, | ||||||
3 | while under oath, knowingly and willfully made
false
statements | ||||||
4 | as to a material fact going to an element of the offense of | ||||||
5 | murder,
the
administrative law judge shall make a written | ||||||
6 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
7 | Board State Panel. If the administrative law judge
finds
that | ||||||
8 | there is clear and convincing evidence that the police officer | ||||||
9 | has, while
under
oath, knowingly and willfully made false | ||||||
10 | statements as to a material fact that
goes to an element of the | ||||||
11 | offense of murder, the administrative law judge shall
make a | ||||||
12 | written recommendation so concluding to the Illinois Labor | ||||||
13 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
14 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
15 | Standards Board shall be
informed of the
administrative law | ||||||
16 | judge's recommended findings and decision and the Illinois
| ||||||
17 | Labor Relations Board State Panel's subsequent review of the | ||||||
18 | recommendation.
| ||||||
19 | (l) An officer named in any complaint filed pursuant to | ||||||
20 | this Act shall be
indemnified for his or her reasonable | ||||||
21 | attorney's fees and costs by his or her
employer. These fees | ||||||
22 | shall be paid in a regular and timely manner. The State,
upon | ||||||
23 | application by the public employer, shall reimburse the public | ||||||
24 | employer
for
the accused officer's reasonable attorney's fees | ||||||
25 | and costs. At no time and
under
no circumstances will the | ||||||
26 | accused officer be required to pay his or her own
reasonable |
| |||||||
| |||||||
1 | attorney's fees or costs.
| ||||||
2 | (m) The accused officer shall not be placed on unpaid | ||||||
3 | status because of
the filing or processing of the verified | ||||||
4 | complaint until there is a final
non-appealable order | ||||||
5 | sustaining his or her guilt and his or her certification
is
| ||||||
6 | revoked.
Nothing in this Act, however, restricts the public | ||||||
7 | employer from pursuing
discipline against the officer in the | ||||||
8 | normal course and under procedures then
in
place.
| ||||||
9 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
10 | review the
administrative law judge's recommended decision and | ||||||
11 | order and determine by a
majority vote whether or not there was | ||||||
12 | clear and convincing evidence that the
accused officer, while | ||||||
13 | under oath, knowingly and willfully made false
statements
as to | ||||||
14 | a material fact going to the offense of murder. Within 30 days | ||||||
15 | of service
of
the administrative law judge's recommended | ||||||
16 | decision and order, the parties may
file exceptions to the | ||||||
17 | recommended decision and order and briefs in support of
their | ||||||
18 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
19 | The
parties
may file responses to the exceptions and briefs in | ||||||
20 | support of the responses no
later than 15 days after the | ||||||
21 | service of the exceptions. If exceptions are filed
by
any of | ||||||
22 | the parties, the Illinois Labor Relations Board State Panel | ||||||
23 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
24 | or modify the recommended
decision and order. If the Illinois | ||||||
25 | Labor Relations Board State Panel concludes
that there is clear | ||||||
26 | and convincing evidence that the accused officer, while
under
|
| |||||||
| |||||||
1 | oath, knowingly and willfully made false statements as to a | ||||||
2 | material fact going
to
an element of the offense murder, the | ||||||
3 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
4 | Illinois Law Enforcement Training Standards Board and the
| ||||||
5 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
6 | the accused
officer's certification. If the accused officer | ||||||
7 | appeals that determination to
the
Appellate Court, as provided | ||||||
8 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
9 | the revocation of his or her certification pending the court's
| ||||||
10 | review
of the matter.
| ||||||
11 | (o) None of the Illinois Labor Relations Board State | ||||||
12 | Panel's findings or
determinations shall set any precedent in | ||||||
13 | any of its decisions decided pursuant
to the Illinois Public | ||||||
14 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
15 | Panel or the courts.
| ||||||
16 | (p) A party aggrieved by the final order of the Illinois | ||||||
17 | Labor Relations
Board State Panel may apply for and obtain | ||||||
18 | judicial review of an order of the
Illinois Labor Relations | ||||||
19 | Board State Panel, in accordance with the provisions
of
the | ||||||
20 | Administrative Review Law, except that such judicial review | ||||||
21 | shall be
afforded
directly in the Appellate Court for the | ||||||
22 | district in which the accused officer
resides.
Any direct | ||||||
23 | appeal to the Appellate Court shall be filed within 35 days | ||||||
24 | from the
date that a copy of the decision sought to be reviewed | ||||||
25 | was served upon the
party
affected by the decision.
| ||||||
26 | (q) Interested parties. Only interested parties to the |
| |||||||
| |||||||
1 | criminal prosecution
in
which the police officer allegedly, | ||||||
2 | while under oath, knowingly and willfully
made
false statements | ||||||
3 | as to a material fact going to an element of the offense of
| ||||||
4 | murder may file a verified complaint pursuant to this Section. | ||||||
5 | For purposes of
this Section, "interested parties" shall be | ||||||
6 | limited to the defendant and any
police
officer who has | ||||||
7 | personal knowledge that the police officer who is the subject
| ||||||
8 | of
the complaint has, while under oath, knowingly and willfully | ||||||
9 | made false
statements
as
to a material fact going to an element | ||||||
10 | of the offense of murder.
| ||||||
11 | (r) Semi-annual reports. The Executive Director of the | ||||||
12 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
13 | reports to the Governor, President,
and
Minority Leader of the | ||||||
14 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
15 | Representatives beginning on June 30, 2004, indicating:
| ||||||
16 | (1) the number of verified complaints received since | ||||||
17 | the date of the
last
report;
| ||||||
18 | (2) the number of investigations initiated since the | ||||||
19 | date of the last
report;
| ||||||
20 | (3) the number of investigations concluded since the | ||||||
21 | date of the last
report;
| ||||||
22 | (4) the number of investigations pending as of the | ||||||
23 | reporting date;
| ||||||
24 | (5) the number of hearings held since the date of the | ||||||
25 | last report; and
| ||||||
26 | (6) the number of officers decertified since the date |
| |||||||
| |||||||
1 | of the last
report.
| ||||||
2 | (Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04 .)
| ||||||
3 | Section 940. The Illinois Municipal Code is amended by | ||||||
4 | changing Sections 10-1-7 and 10-2.1-6 as follows:
| ||||||
5 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||||||
6 | Sec. 10-1-7. Examination of applicants; disqualifications.
| ||||||
7 | (a) All applicants for offices or places in the classified | ||||||
8 | service, except
those mentioned in Section 10-1-17, are subject | ||||||
9 | to examination. The
examination shall be public, competitive, | ||||||
10 | and open to all citizens of the
United States, with specified | ||||||
11 | limitations as to residence, age, health, habits
and moral | ||||||
12 | character.
| ||||||
13 | (b) Residency requirements in effect at the time an | ||||||
14 | individual enters the
fire or police service of a municipality | ||||||
15 | (other than a municipality that
has more than 1,000,000 | ||||||
16 | inhabitants) cannot be made more restrictive
for that | ||||||
17 | individual during his or her period of service for that | ||||||
18 | municipality,
or be made a condition of promotion, except for | ||||||
19 | the rank or position of Fire or
Police Chief.
| ||||||
20 | (c) No person with a record of misdemeanor convictions | ||||||
21 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
22 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
23 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, | ||||||
24 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and |
| |||||||
| |||||||
1 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) | ||||||
2 | of Section 24-1 of the Criminal Code of 1961 or arrested for | ||||||
3 | any cause but
not convicted on that cause shall be disqualified | ||||||
4 | from taking the examination
on grounds of habits or moral | ||||||
5 | character, unless the person is attempting to
qualify for a | ||||||
6 | position on the police department, in which case the conviction
| ||||||
7 | or arrest may be considered as a factor in determining the | ||||||
8 | person's habits or
moral character.
| ||||||
9 | (d) Persons entitled to military preference under Section | ||||||
10 | 10-1-16
shall not be subject to limitations specifying age | ||||||
11 | unless they are
applicants for a position as a fireman or a | ||||||
12 | policeman having no previous
employment status as a fireman or | ||||||
13 | policeman in the regularly constituted
fire or police | ||||||
14 | department of the municipality, in which case they must not
| ||||||
15 | have attained their 35th birthday, except any person who has | ||||||
16 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
17 | for at least 5 years and is
under 40 years of age.
| ||||||
18 | (e) All employees of a municipality of less than 500,000 | ||||||
19 | population (except
those who would be excluded from the | ||||||
20 | classified service as provided in this
Division 1) who are | ||||||
21 | holding that employment as of the date a municipality
adopts | ||||||
22 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
23 | later,
and who have held that employment for at least 2 years | ||||||
24 | immediately before that
later date, and all firemen and | ||||||
25 | policemen regardless of length of service who
were either | ||||||
26 | appointed to their respective positions by the board of fire |
| |||||||
| |||||||
1 | and
police commissioners under the provisions of Division 2 of | ||||||
2 | this Article or who
are serving in a position (except as a | ||||||
3 | temporary employee) in the fire or
police department in the | ||||||
4 | municipality on the date a municipality adopts
this Division 1, | ||||||
5 | or as of July 17, 1959, whichever date is the later, shall
| ||||||
6 | become members of the classified civil service of the | ||||||
7 | municipality
without examination.
| ||||||
8 | (f) The examinations shall be practical in their character, | ||||||
9 | and shall
relate to those matters that will fairly test the | ||||||
10 | relative capacity of the
persons examined to discharge the | ||||||
11 | duties of the positions to which they
seek to be appointed. The | ||||||
12 | examinations shall include tests of physical
qualifications, | ||||||
13 | health, and (when appropriate) manual skill. If an applicant
is | ||||||
14 | unable to pass the physical examination solely as the result of | ||||||
15 | an injury
received by the applicant as the result of the | ||||||
16 | performance of an act of duty
while working as a temporary | ||||||
17 | employee in the position for which he or she is
being examined, | ||||||
18 | however, the physical examination shall be waived and the
| ||||||
19 | applicant shall be considered to have passed the examination. | ||||||
20 | No questions in
any examination shall relate to political or | ||||||
21 | religious opinions or
affiliations. Results of examinations | ||||||
22 | and the eligible registers prepared from
the results shall be | ||||||
23 | published by the commission within 60 days after any
| ||||||
24 | examinations are held.
| ||||||
25 | (g) The commission shall control all examinations, and may, | ||||||
26 | whenever an
examination is to take place, designate a suitable |
| |||||||
| |||||||
1 | number of persons,
either in or not in the official service of | ||||||
2 | the municipality, to be
examiners. The examiners shall conduct | ||||||
3 | the examinations as directed by the
commission and shall make a | ||||||
4 | return or report of the examinations to the
commission. If the | ||||||
5 | appointed examiners are in the official service of the
| ||||||
6 | municipality, the examiners shall not receive extra | ||||||
7 | compensation for conducting
the examinations. The commission | ||||||
8 | may at any time substitute any other person,
whether or not in | ||||||
9 | the service of the municipality, in the place of any one
| ||||||
10 | selected as an examiner. The commission members may themselves | ||||||
11 | at any time act
as examiners without appointing examiners. The | ||||||
12 | examiners at any examination
shall not all be members of the | ||||||
13 | same political party.
| ||||||
14 | (h) In municipalities of 500,000 or more population, no | ||||||
15 | person who has
attained his or her 35th birthday shall be | ||||||
16 | eligible to take an examination for
a position as a fireman or | ||||||
17 | a policeman unless the person has had previous
employment | ||||||
18 | status as a policeman or fireman in the regularly constituted | ||||||
19 | police
or fire department of the municipality, except as | ||||||
20 | provided in this Section.
| ||||||
21 | (i) In municipalities of more than 5,000 but not more than | ||||||
22 | 200,000
inhabitants, no person who has attained his or her 35th | ||||||
23 | birthday shall be
eligible to take an examination for a | ||||||
24 | position as a fireman or a policeman
unless the person has had | ||||||
25 | previous employment status as a policeman or fireman
in the | ||||||
26 | regularly constituted police or fire department of the |
| |||||||
| |||||||
1 | municipality,
except as provided in this Section.
| ||||||
2 | (j) In all municipalities, applicants who are 20 years of | ||||||
3 | age and who have
successfully completed 2 years of law | ||||||
4 | enforcement studies at an accredited
college or university may | ||||||
5 | be considered for appointment to active duty with
the police | ||||||
6 | department. An applicant described in this subsection (j) who | ||||||
7 | is
appointed to active duty shall not have power of arrest, nor | ||||||
8 | shall the
applicant be permitted to carry firearms, until he or | ||||||
9 | she reaches 21 years of
age.
| ||||||
10 | (k) In municipalities of more than 500,000 population, | ||||||
11 | applications for
examination for and appointment to positions | ||||||
12 | as firefighters or police
shall be made available at various | ||||||
13 | branches of the public library of the
municipality.
| ||||||
14 | (l) No municipality having a population less than 1,000,000 | ||||||
15 | shall require
that any fireman appointed to the lowest rank | ||||||
16 | serve a probationary employment
period of longer than one year. | ||||||
17 | The limitation on periods of probationary
employment provided | ||||||
18 | in this amendatory Act of 1989 is an exclusive power and
| ||||||
19 | function of the State. Pursuant to subsection (h) of Section 6 | ||||||
20 | of Article VII
of the Illinois Constitution, a home rule | ||||||
21 | municipality having a population less
than 1,000,000 must | ||||||
22 | comply with this limitation on periods of probationary
| ||||||
23 | employment, which is a denial and limitation of home rule | ||||||
24 | powers.
Notwithstanding anything to the contrary in this | ||||||
25 | Section, the probationary
employment period limitation may be | ||||||
26 | extended for a firefighter who is required, as a condition of |
| |||||||
| |||||||
1 | employment, to be a certified paramedic, during which time the | ||||||
2 | sole reason that a firefighter may be discharged without a | ||||||
3 | hearing is for failing to meet the requirements for paramedic | ||||||
4 | certification.
| ||||||
5 | (Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
| ||||||
6 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
7 | Sec. 10-2.1-6. Examination of applicants; | ||||||
8 | disqualifications.
| ||||||
9 | (a) All applicants for a position in either the fire or | ||||||
10 | police department
of the municipality shall be under 35 years | ||||||
11 | of age, shall be subject to an
examination that shall be | ||||||
12 | public, competitive, and open to all applicants
(unless the | ||||||
13 | council or board of trustees by ordinance limit applicants to
| ||||||
14 | electors of the municipality, county, state or nation) and | ||||||
15 | shall be subject to
reasonable limitations as to residence, | ||||||
16 | health, habits, and moral character.
The municipality may not | ||||||
17 | charge or collect any fee from an applicant who has
met all | ||||||
18 | prequalification standards established by the municipality for | ||||||
19 | any such
position. With respect to a police department, a | ||||||
20 | veteran shall be allowed to exceed the maximum age provision of | ||||||
21 | this Section by the number of years served on active military | ||||||
22 | duty, but by no more than 10 years of active military duty.
| ||||||
23 | (b) Residency requirements in effect at the time an | ||||||
24 | individual enters the
fire or police service of a municipality | ||||||
25 | (other than a municipality that
has more than 1,000,000 |
| |||||||
| |||||||
1 | inhabitants) cannot be made more restrictive for
that | ||||||
2 | individual during his period of service for that municipality, | ||||||
3 | or be
made a condition of promotion, except for the rank or | ||||||
4 | position of Fire or
Police Chief.
| ||||||
5 | (c) No person with a record of misdemeanor convictions | ||||||
6 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
7 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
8 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | ||||||
9 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||||||
10 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8) | ||||||
11 | of
Section 24-1 of the Criminal Code of 1961 or arrested for | ||||||
12 | any cause but not
convicted on that cause shall be disqualified | ||||||
13 | from taking the examination to
qualify for a position in the | ||||||
14 | fire department on grounds of habits or moral
character.
| ||||||
15 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
16 | to any person
previously employed as a policeman or fireman in | ||||||
17 | a regularly constituted police
or fire department of (I) any | ||||||
18 | municipality, regardless of whether the municipality is | ||||||
19 | located in Illinois or in another state, or (II) a fire | ||||||
20 | protection district
whose obligations were assumed by a | ||||||
21 | municipality under Section 21 of the Fire
Protection District | ||||||
22 | Act, (ii) to any person who has served a municipality as a
| ||||||
23 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
24 | preceding the time
that municipality begins to use full time | ||||||
25 | firemen to provide all or part of its
fire protection service, | ||||||
26 | or (iii) to any person who has served as an auxiliary police |
| |||||||
| |||||||
1 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
2 | under 40 years of
age, (iv) to any person who has served as a | ||||||
3 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
4 | meets necessary training requirements, or (v) to any person who | ||||||
5 | has served as a sworn officer as a member of the Illinois | ||||||
6 | Department of State Police.
| ||||||
7 | (e) Applicants who are 20 years of age and who have | ||||||
8 | successfully completed 2
years of law enforcement studies at an | ||||||
9 | accredited college or university may be
considered for | ||||||
10 | appointment to active duty with the police department. An
| ||||||
11 | applicant described in this subsection (e) who is appointed to | ||||||
12 | active duty
shall not have power of arrest, nor shall the | ||||||
13 | applicant be permitted to carry
firearms, until he or she | ||||||
14 | reaches 21 years of age.
| ||||||
15 | (f) Applicants who are 18 years of age and who have | ||||||
16 | successfully
completed 2 years of study in fire techniques, | ||||||
17 | amounting to a total of 4
high school credits, within the cadet | ||||||
18 | program of a municipality may be
considered for appointment to | ||||||
19 | active duty with the fire department of any
municipality.
| ||||||
20 | (g) The council or board of trustees may by ordinance | ||||||
21 | provide
that persons residing outside the municipality are | ||||||
22 | eligible to take the
examination.
| ||||||
23 | (h) The examinations shall be practical in character and | ||||||
24 | relate to
those matters that will fairly test the capacity of | ||||||
25 | the persons examined
to discharge the duties of the positions | ||||||
26 | to which they seek appointment. No
person shall be appointed to |
| |||||||
| |||||||
1 | the police or fire department if he or she does
not possess a | ||||||
2 | high school diploma or an equivalent high school education.
A | ||||||
3 | board of fire and police commissioners may, by its rules, | ||||||
4 | require police
applicants to have obtained an associate's | ||||||
5 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
6 | The
examinations shall include tests of physical | ||||||
7 | qualifications and health. A board of fire and police | ||||||
8 | commissioners may, by its rules, waive portions of the required | ||||||
9 | examination for police applicants who have previously been | ||||||
10 | full-time sworn officers of a regular police department in any | ||||||
11 | municipal, county, university, or State law enforcement | ||||||
12 | agency, provided they are certified by the Illinois Law | ||||||
13 | Enforcement Training Standards Board and have been with their | ||||||
14 | respective law enforcement agency within the State for at least | ||||||
15 | 2 years. No
person shall be appointed to the police or fire | ||||||
16 | department if he or she has
suffered the amputation of any limb | ||||||
17 | unless the applicant's duties will be only
clerical or as a | ||||||
18 | radio operator. No applicant shall be examined concerning his
| ||||||
19 | or her political or religious opinions or affiliations. The | ||||||
20 | examinations shall
be conducted by the board of fire and police | ||||||
21 | commissioners of the municipality
as provided in this Division | ||||||
22 | 2.1.
| ||||||
23 | (i) No person who is classified by his local selective | ||||||
24 | service draft board
as a conscientious objector, or who has | ||||||
25 | ever been so classified, may be
appointed to the police | ||||||
26 | department.
|
| |||||||
| |||||||
1 | (j) No person shall be appointed to the police or fire | ||||||
2 | department unless he
or she is a person of good character and | ||||||
3 | not an habitual drunkard, gambler, or
a person who has been | ||||||
4 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
5 | person, however, shall be disqualified from appointment to the
| ||||||
6 | fire department because of his or her record of misdemeanor | ||||||
7 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
8 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||||||
9 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
10 | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
11 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
12 | subsections (1), (6) and (8) of Section
24-1 of the Criminal | ||||||
13 | Code of 1961 or arrest for any cause without conviction on
that | ||||||
14 | cause. Any such person who is in the department may be removed | ||||||
15 | on charges
brought and after a trial as provided in this | ||||||
16 | Division 2.1.
| ||||||
17 | (Source: P.A. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472, | ||||||
18 | eff. 8-14-09.)
| ||||||
19 | Section 945. The Fire Protection District Act is amended by | ||||||
20 | changing Section 16.06 as follows:
| ||||||
21 | (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
| ||||||
22 | Sec. 16.06. Eligibility for positions in fire department;
| ||||||
23 | disqualifications.
| ||||||
24 | (a) All applicants for a position in the fire department of |
| |||||||
| |||||||
1 | the
fire protection district shall be under 35 years of age and | ||||||
2 | shall be
subjected to examination, which shall be public, | ||||||
3 | competitive, and free to
all applicants, subject to reasonable | ||||||
4 | limitations as to health, habits, and
moral character; provided | ||||||
5 | that the foregoing age limitation shall not apply
in the case | ||||||
6 | of any person having previous employment status as a fireman in | ||||||
7 | a
regularly constituted fire department of any fire protection | ||||||
8 | district, and
further provided that each fireman or fire chief | ||||||
9 | who is a member in
good standing in a regularly constituted | ||||||
10 | fire department of any municipality
which shall be or shall | ||||||
11 | have subsequently been included within the boundaries
of any | ||||||
12 | fire protection district now or hereafter organized shall be | ||||||
13 | given
a preference for original appointment in the same class, | ||||||
14 | grade or employment
over all other applicants. The examinations | ||||||
15 | shall be practical in their
character and shall relate to those | ||||||
16 | matters which will fairly test the persons
examined as to their | ||||||
17 | relative capacity to discharge the duties of the positions
to | ||||||
18 | which they seek appointment. The examinations shall include | ||||||
19 | tests of
physical qualifications and health. No applicant, | ||||||
20 | however, shall be examined
concerning his political or | ||||||
21 | religious opinions or affiliations. The
examinations shall be | ||||||
22 | conducted by the board of fire commissioners.
| ||||||
23 | In any fire protection district that employs full-time | ||||||
24 | firefighters and is subject to a collective bargaining | ||||||
25 | agreement, a person who has not qualified for regular | ||||||
26 | appointment under the provisions of this Section shall not be |
| |||||||
| |||||||
1 | used as a temporary or permanent substitute for certificated | ||||||
2 | members of a fire district's fire department or for regular | ||||||
3 | appointment as a certificated member of a fire district's fire | ||||||
4 | department unless mutually agreed to by the employee's | ||||||
5 | certified bargaining agent. Such agreement shall be considered | ||||||
6 | a permissive subject of bargaining. Fire protection districts | ||||||
7 | covered by the changes made by this amendatory Act of the 95th | ||||||
8 | General Assembly that are using non-certificated employees as | ||||||
9 | substitutes immediately prior to the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
11 | agreement with the certified bargaining agent, continue the | ||||||
12 | existing practice or a modified practice and that agreement | ||||||
13 | shall be considered a permissive subject of bargaining.
| ||||||
14 | (b) No person shall be appointed to the fire department | ||||||
15 | unless he or she is
a person of good character and not a person | ||||||
16 | who has been convicted of a felony
in Illinois or convicted in | ||||||
17 | another jurisdiction for conduct that would be a
felony under | ||||||
18 | Illinois law, or convicted of a crime involving moral | ||||||
19 | turpitude.
No person,
however, shall be disqualified from | ||||||
20 | appointment to the fire department because
of his or her record | ||||||
21 | of misdemeanor convictions, except those under Sections
| ||||||
22 | 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, | ||||||
23 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, | ||||||
24 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
| ||||||
25 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
26 | 11-14.3, and subsections (1), (6), and (8) of Section 24-1 of |
| |||||||
| |||||||
1 | the Criminal
Code of 1961.
| ||||||
2 | (Source: P.A. 95-490, eff. 6-1-08 .)
| ||||||
3 | Section 950. The Park District Code is amended by changing | ||||||
4 | Section 8-23 as follows:
| ||||||
5 | (70 ILCS 1205/8-23)
| ||||||
6 | Sec. 8-23. Criminal background investigations.
| ||||||
7 | (a) An applicant for employment with a park district is | ||||||
8 | required as
a condition of employment to authorize an | ||||||
9 | investigation to determine if
the applicant has been convicted | ||||||
10 | of any of the enumerated criminal or drug
offenses in | ||||||
11 | subsection (c) of this Section or has been
convicted, within 7 | ||||||
12 | years of the application for employment with the
park district, | ||||||
13 | of any other felony under the laws of this State or of any
| ||||||
14 | offense committed or attempted in any other state or against | ||||||
15 | the laws of
the United States that, if committed or attempted | ||||||
16 | in this State, would
have been punishable as a felony under the | ||||||
17 | laws of this State. Authorization
for the
investigation shall | ||||||
18 | be furnished by the applicant to the park district.
Upon | ||||||
19 | receipt of this authorization, the park district shall submit | ||||||
20 | the
applicant's name, sex, race, date of birth, and social | ||||||
21 | security number to
the Department of State Police on forms | ||||||
22 | prescribed by the Department of
State Police. The Department of | ||||||
23 | State Police shall conduct a search of the
Illinois criminal | ||||||
24 | history records database to ascertain if the applicant being |
| |||||||
| |||||||
1 | considered for
employment has been convicted of committing or | ||||||
2 | attempting to commit any of
the enumerated criminal or drug
| ||||||
3 | offenses
in subsection (c) of this Section or
has been | ||||||
4 | convicted of committing or attempting to commit, within 7 years | ||||||
5 | of
the application for employment with
the
park district, any | ||||||
6 | other felony under the laws of this State. The
Department
of
| ||||||
7 | State Police shall charge the park district a fee for | ||||||
8 | conducting the
investigation, which fee shall be deposited in | ||||||
9 | the State Police Services
Fund and shall not exceed the cost of | ||||||
10 | the inquiry. The applicant shall
not be charged a fee by the | ||||||
11 | park district for the investigation.
| ||||||
12 | (b) If the search of the Illinois criminal history record | ||||||
13 | database
indicates that the applicant has been convicted of | ||||||
14 | committing or attempting to
commit any of the enumerated | ||||||
15 | criminal or drug offenses in subsection (c) or has
been | ||||||
16 | convicted of committing or attempting to commit, within 7 years | ||||||
17 | of the
application for employment with the park district, any | ||||||
18 | other felony under the
laws of this State, the Department of | ||||||
19 | State Police and the Federal Bureau
of
Investigation shall | ||||||
20 | furnish, pursuant to
a fingerprint based background check, | ||||||
21 | records
of convictions, until expunged, to the
president of the | ||||||
22 | park district. Any information concerning the record of
| ||||||
23 | convictions obtained by the president shall be confidential and | ||||||
24 | may only
be transmitted to those persons who are necessary to | ||||||
25 | the decision on whether to
hire the
applicant for employment. A | ||||||
26 | copy of the record of convictions obtained
from the Department |
| |||||||
| |||||||
1 | of State Police shall be provided to the applicant for
| ||||||
2 | employment. Any person who releases any confidential | ||||||
3 | information
concerning any criminal convictions of an | ||||||
4 | applicant for employment shall
be guilty of a Class A | ||||||
5 | misdemeanor, unless the release of such
information is | ||||||
6 | authorized by this Section.
| ||||||
7 | (c) No park district shall knowingly employ a person who | ||||||
8 | has been
convicted for committing attempted first degree murder | ||||||
9 | or
for committing
or attempting to commit first degree murder, | ||||||
10 | a Class X felony, or any
one or more of the following offenses: | ||||||
11 | (i) those defined in Sections 11-1.20, 11-1.30, 11-1.40, | ||||||
12 | 11-1.50, 11-1.60, 11-6,
11-9, 11-14, 11-14.3, 11-14.4, 11-15, | ||||||
13 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | ||||||
14 | 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 12-13, 12-14, | ||||||
15 | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961; (ii) | ||||||
16 | those defined in the Cannabis Control Act,
except those defined | ||||||
17 | in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
| ||||||
18 | defined in the Illinois Controlled Substances Act; (iv) those | ||||||
19 | defined in the Methamphetamine Control and Community | ||||||
20 | Protection Act; and (v) any offense
committed or attempted in | ||||||
21 | any other state or against the laws of the
United States, | ||||||
22 | which, if committed or attempted in this State, would have
been | ||||||
23 | punishable as one or more of the foregoing offenses. Further, | ||||||
24 | no
park district shall knowingly employ a person who has been | ||||||
25 | found to be
the perpetrator of sexual or physical abuse of any | ||||||
26 | minor under 18 years
of age pursuant to proceedings under |
| |||||||
| |||||||
1 | Article II of the Juvenile Court Act
of 1987. No park district | ||||||
2 | shall knowingly employ a person for whom a
criminal background | ||||||
3 | investigation has not been initiated.
| ||||||
4 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
5 | Section 955. The Chicago Park District Act is amended by | ||||||
6 | changing Section 16a-5 as follows:
| ||||||
7 | (70 ILCS 1505/16a-5)
| ||||||
8 | Sec. 16a-5. Criminal background investigations.
| ||||||
9 | (a) An applicant for employment with the Chicago Park | ||||||
10 | District is
required as a condition of employment to authorize | ||||||
11 | an investigation to
determine if the applicant has been | ||||||
12 | convicted of any of the enumerated criminal
or drug
offenses in | ||||||
13 | subsection (c) of this Section
or has been convicted, within 7 | ||||||
14 | years of the application for employment with
the Chicago Park | ||||||
15 | District, of any other felony under the laws of this State or
| ||||||
16 | of any
offense committed or attempted in any other state or | ||||||
17 | against the laws of
the United States that, if committed or | ||||||
18 | attempted in this State, would
have been punishable as a felony | ||||||
19 | under the laws of this State. Authorization
for the | ||||||
20 | investigation shall be furnished by the applicant to the | ||||||
21 | Chicago
Park District. Upon receipt of this authorization, the | ||||||
22 | Chicago Park
District shall submit the applicant's name, sex, | ||||||
23 | race, date of birth, and
social security number to the | ||||||
24 | Department of State Police on forms
prescribed by the |
| |||||||
| |||||||
1 | Department of State Police. The Department of State
Police | ||||||
2 | shall conduct a search of the Illinois criminal history record
| ||||||
3 | information database to ascertain if the applicant being
| ||||||
4 | considered for employment has been convicted of committing or | ||||||
5 | attempting to
commit any of the enumerated criminal
or drug
| ||||||
6 | offenses in subsection (c) of this Section or has been
| ||||||
7 | convicted, of committing or attempting to commit within 7 years | ||||||
8 | of the
application for employment with the
Chicago Park | ||||||
9 | District, any other felony under the laws of this State. The
| ||||||
10 | Department of State Police shall charge the Chicago Park | ||||||
11 | District a fee
for conducting the investigation, which fee | ||||||
12 | shall be deposited in the State
Police Services Fund and shall | ||||||
13 | not exceed the cost of the inquiry. The
applicant shall not be | ||||||
14 | charged a fee by the Chicago Park District for the
| ||||||
15 | investigation.
| ||||||
16 | (b) If the search of the Illinois criminal history record | ||||||
17 | database
indicates that the applicant has been convicted of | ||||||
18 | committing or attempting to
commit any of the enumerated | ||||||
19 | criminal or drug offenses in subsection (c) or has
been | ||||||
20 | convicted of committing or attempting to commit, within 7 years | ||||||
21 | of the
application for employment with the Chicago Park | ||||||
22 | District, any other felony
under the laws of this State, the | ||||||
23 | Department of State Police and the
Federal Bureau of
| ||||||
24 | Investigation shall furnish, pursuant to
a fingerprint based | ||||||
25 | background check, records
of convictions, until expunged, to | ||||||
26 | the
General Superintendent and Chief Executive Officer of the |
| |||||||
| |||||||
1 | Chicago Park
District. Any information concerning the
record of | ||||||
2 | convictions obtained by the General Superintendent and Chief
| ||||||
3 | Executive Officer shall be confidential and
may only be | ||||||
4 | transmitted to those persons who are necessary to the decision | ||||||
5 | on
whether to hire the applicant for employment. A copy of the | ||||||
6 | record of
convictions
obtained from the Department of State | ||||||
7 | Police shall be provided to the
applicant for employment. Any | ||||||
8 | person who releases any confidential
information concerning | ||||||
9 | any criminal convictions of an applicant for
employment shall | ||||||
10 | be guilty of a Class A misdemeanor, unless the release
of such | ||||||
11 | information is authorized by this Section.
| ||||||
12 | (c) The Chicago Park District may not knowingly employ a | ||||||
13 | person
who has been convicted for committing attempted first | ||||||
14 | degree murder
or
for committing or attempting to commit first | ||||||
15 | degree murder, a Class X felony,
or
any one or more of the | ||||||
16 | following offenses: (i) those defined in
Sections 11-1.20, | ||||||
17 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, | ||||||
18 | 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
| ||||||
19 | 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, | ||||||
20 | 11-30, 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal | ||||||
21 | Code of 1961; (ii) those defined in the
Cannabis Control Act, | ||||||
22 | except those defined in Sections 4(a), 4(b), and
5(a) of that | ||||||
23 | Act; (iii) those defined in the Illinois Controlled Substances
| ||||||
24 | Act; (iv) those defined in the Methamphetamine Control and | ||||||
25 | Community Protection Act; and (v) any offense committed or | ||||||
26 | attempted in any
other state or
against the laws of the United |
| |||||||
| |||||||
1 | States, which, if committed or attempted in
this State, would | ||||||
2 | have been punishable as one or more of the foregoing
offenses. | ||||||
3 | Further, the Chicago Park District may not knowingly employ a
| ||||||
4 | person who has been found to be the perpetrator of sexual or | ||||||
5 | physical
abuse of any minor under 18 years of age pursuant to | ||||||
6 | proceedings under
Article II of the Juvenile Court Act of 1987. | ||||||
7 | The Chicago Park District
may not knowingly employ a person for | ||||||
8 | whom a criminal background
investigation has not been | ||||||
9 | initiated.
| ||||||
10 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
11 | Section 960. The Metropolitan Transit Authority Act is | ||||||
12 | amended by changing Section 28b as follows:
| ||||||
13 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
14 | Sec. 28b. Any person applying for a position as a driver of | ||||||
15 | a vehicle
owned by a private carrier company which provides | ||||||
16 | public transportation
pursuant to an agreement with the | ||||||
17 | Authority shall be required to
authorize an investigation by | ||||||
18 | the private carrier company to determine if
the applicant has | ||||||
19 | been convicted of any of the following offenses: (i) those
| ||||||
20 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
21 | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
22 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
23 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
24 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, |
| |||||||
| |||||||
1 | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, | ||||||
2 | 12-16, 12-16.1, 18-1, 18-2, 20-1,
20-1.1, 31A-1, 31A-1.1, and | ||||||
3 | 33A-2, and in subsection (a) and subsection (b),
clause (1), of | ||||||
4 | Section 12-4 of the Criminal Code of 1961; (ii) those
offenses | ||||||
5 | defined in the Cannabis Control Act except those offenses | ||||||
6 | defined
in subsections (a) and (b) of Section 4, and subsection | ||||||
7 | (a) of Section 5 of
the Cannabis Control Act (iii) those | ||||||
8 | offenses defined in the Illinois
Controlled Substances Act; | ||||||
9 | (iv) those offenses defined in the Methamphetamine Control and | ||||||
10 | Community Protection Act; and (v) any offense committed or | ||||||
11 | attempted in
any other state or against the laws of the United | ||||||
12 | States, which if
committed or attempted in this State would be | ||||||
13 | punishable as one or more of
the foregoing offenses. Upon | ||||||
14 | receipt of this authorization, the private
carrier company | ||||||
15 | shall submit the applicant's name, sex, race, date of
birth, | ||||||
16 | fingerprints and social security number to the Department of | ||||||
17 | State
Police on forms prescribed by the Department. The | ||||||
18 | Department of State
Police shall conduct an investigation to | ||||||
19 | ascertain if the applicant
has been convicted of any of the | ||||||
20 | above enumerated offenses. The Department
shall charge the | ||||||
21 | private carrier company a fee for conducting the
investigation, | ||||||
22 | which fee shall be deposited in the State Police Services
Fund | ||||||
23 | and shall not exceed the cost of the inquiry; and the applicant | ||||||
24 | shall not
be charged a fee for such investigation by the | ||||||
25 | private carrier company.
The Department of State Police shall | ||||||
26 | furnish, pursuant to positive
identification, records of |
| |||||||
| |||||||
1 | convictions, until expunged, to the private
carrier company | ||||||
2 | which requested the investigation. A copy of the record of
| ||||||
3 | convictions obtained from the Department shall be provided to | ||||||
4 | the applicant.
Any record of conviction received by the private | ||||||
5 | carrier company shall be
confidential. Any person who releases | ||||||
6 | any confidential information
concerning any criminal | ||||||
7 | convictions of an applicant shall be guilty of a
Class A | ||||||
8 | misdemeanor, unless authorized by this Section.
| ||||||
9 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
10 | Section 965. The School Code is amended by changing | ||||||
11 | Sections 2-3.147, 10-22.39, 21-23a, 34-2.1, and 34-84b as | ||||||
12 | follows: | ||||||
13 | (105 ILCS 5/2-3.147) | ||||||
14 | Sec. 2-3.147. The Ensuring Success in School Task Force. | ||||||
15 | (a) In this Section: | ||||||
16 | "Domestic violence" means abuse by a family or household | ||||||
17 | member, as "abuse" and "family or household members" are | ||||||
18 | defined in Section 103 of the Illinois Domestic Violence Act of | ||||||
19 | 1986. | ||||||
20 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
21 | of an adult or minor child proscribed in the Criminal Code of | ||||||
22 | 1961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
23 | 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, | ||||||
24 | and 12-16, including sexual violence committed by perpetrators |
| |||||||
| |||||||
1 | who are strangers to the victim and sexual violence committed | ||||||
2 | by perpetrators who are known or related by blood or marriage | ||||||
3 | to the victim. | ||||||
4 | (b) The State Board of Education shall convene an Ensuring | ||||||
5 | Success in School Task Force to develop policies, procedures, | ||||||
6 | and protocols to be adopted by school districts for addressing | ||||||
7 | the educational and related needs of children and youth who are | ||||||
8 | parents, expectant parents, or victims of domestic or sexual | ||||||
9 | violence to ensure their ability to stay in school, stay safe | ||||||
10 | while in school, and successfully complete their education. The | ||||||
11 | State Board of Education shall be the agency responsible for | ||||||
12 | providing staff and administrative support to the task force. | ||||||
13 | (c) The Ensuring Success in School Task Force shall do all | ||||||
14 | of the following: | ||||||
15 | (1) Conduct a thorough examination of the barriers to | ||||||
16 | school attendance, safety, and completion for children and | ||||||
17 | youth who are parents, expectant parents, or victims of | ||||||
18 | domestic or sexual violence. | ||||||
19 | (2) Conduct a discovery process that includes relevant | ||||||
20 | research and the identification of effective policies, | ||||||
21 | protocols, and programs within this State and elsewhere. | ||||||
22 | (3) Conduct meetings and public hearings in | ||||||
23 | geographically diverse locations throughout the State to | ||||||
24 | ensure the maximum input from area advocates and service | ||||||
25 | providers, from local education agencies, and from | ||||||
26 | children and youth who are parents, expectant parents, or |
| |||||||
| |||||||
1 | victims of domestic or sexual violence and their parents or | ||||||
2 | guardians. | ||||||
3 | (4) Establish and adhere to procedures and protocols to | ||||||
4 | allow children and youth who are parents, expectant | ||||||
5 | parents, or victims of domestic or sexual violence, their | ||||||
6 | parents or guardians, and advocates who work on behalf of | ||||||
7 | such children and youth to participate in the task force | ||||||
8 | anonymously and confidentially. | ||||||
9 | (5) Invite the testimony of and confer with experts on | ||||||
10 | relevant topics. | ||||||
11 | (6) Produce a report of the task force's findings on | ||||||
12 | best practices and policies, which shall include a plan | ||||||
13 | with a phased and prioritized implementation timetable | ||||||
14 | with focus on ensuring the successful and safe completion | ||||||
15 | of school for children and youth who are parents, expectant | ||||||
16 | parents, or victims of domestic or sexual violence. The | ||||||
17 | task force shall submit a report to the General Assembly on | ||||||
18 | or before December 1, 2009 on its findings, | ||||||
19 | recommendations, and implementation plan. Any task force | ||||||
20 | reports shall be published on the State Board of | ||||||
21 | Education's Internet website on the date the report is | ||||||
22 | delivered to the General Assembly. | ||||||
23 | (7) Recommend new legislation or proposed rules | ||||||
24 | developed by the task force.
| ||||||
25 | (d) The President of the Senate and the Speaker of the | ||||||
26 | House of Representatives shall each appoint one co-chairperson |
| |||||||
| |||||||
1 | of the Ensuring Success in School Task Force. In addition to | ||||||
2 | the 2 co-chairpersons, the task force shall be comprised of | ||||||
3 | each of the following members, appointed by the State Board of | ||||||
4 | Education, and shall be representative of the geographic, | ||||||
5 | racial, ethnic, and cultural diversity of this State: | ||||||
6 | (1) A representative of a statewide nonprofit, | ||||||
7 | nongovernmental domestic violence organization. | ||||||
8 | (2) A domestic violence victims' advocate or service | ||||||
9 | provider from a different nonprofit, nongovernmental | ||||||
10 | domestic violence organization. | ||||||
11 | (3) A representative of a statewide nonprofit, | ||||||
12 | nongovernmental sexual assault organization. | ||||||
13 | (4) A sexual assault victims' advocate or service | ||||||
14 | provider from a different nonprofit, nongovernmental | ||||||
15 | sexual assault organization. | ||||||
16 | (5) A teen parent advocate or service provider from a | ||||||
17 | nonprofit, nongovernmental organization. | ||||||
18 | (6) A school social worker. | ||||||
19 | (7) A school psychologist. | ||||||
20 | (8) A school counselor. | ||||||
21 | (9) A representative of a statewide professional | ||||||
22 | teachers' organization. | ||||||
23 | (10) A representative of a different statewide | ||||||
24 | professional teachers' organization. | ||||||
25 | (11) A representative of a statewide organization that | ||||||
26 | represents school boards. |
| |||||||
| |||||||
1 | (12) A representative of a statewide organization | ||||||
2 | representing principals. | ||||||
3 | (13) A representative of City of Chicago School | ||||||
4 | District 299. | ||||||
5 | (14) A representative of a nonprofit, nongovernmental | ||||||
6 | youth services provider. | ||||||
7 | (15) A representative of a statewide nonprofit, | ||||||
8 | nongovernmental multi-issue advocacy organization with | ||||||
9 | expertise in a cross-section of relevant issues. | ||||||
10 | (16) An alternative education service provider. | ||||||
11 | (17) A representative from a regional office of | ||||||
12 | education. | ||||||
13 | (18) A truancy intervention services provider. | ||||||
14 | (19) A youth who is a parent or expectant parent | ||||||
15 | directly affected by the issues, problems, and concerns of | ||||||
16 | staying in school and successfully completing his or her | ||||||
17 | education through high school. | ||||||
18 | (20) A youth who is a victim of domestic or sexual | ||||||
19 | violence directly affected by the issues, problems, and | ||||||
20 | concerns of staying in school and successfully completing | ||||||
21 | his or her education. | ||||||
22 | (21) A parent or guardian of a child or youth who is a | ||||||
23 | parent or expectant parent directly affected by the issues, | ||||||
24 | problems, and concerns of staying in school and | ||||||
25 | successfully completing his or her education. | ||||||
26 | (22) A parent or guardian of a child or youth who is a |
| |||||||
| |||||||
1 | victim of domestic or sexual violence directly affected by | ||||||
2 | the issues, problems, and concerns of staying in school and | ||||||
3 | successfully completing his or her education. | ||||||
4 | The task force shall also consist of one member appointed by | ||||||
5 | the Minority Leader of the Senate, one member appointed by the | ||||||
6 | Minority Leader of the House of Representatives, the State | ||||||
7 | Superintendent of Education, the Secretary of Human Services, | ||||||
8 | the Director of Healthcare and Family Services, the Director of | ||||||
9 | Children and Family Services, and the Director of Public Health | ||||||
10 | or their designees.
| ||||||
11 | (e) Members of the Ensuring Success in School Task Force | ||||||
12 | shall receive no compensation for their participation, but may | ||||||
13 | be reimbursed by the State Board of Education for expenses in | ||||||
14 | connection with their participation, including travel, if | ||||||
15 | funds are available. However, members of the task force who are | ||||||
16 | youth who are parents, expectant parents, or victims of | ||||||
17 | domestic or sexual violence and the parents or guardians of | ||||||
18 | such youth shall be reimbursed for their travel expenses | ||||||
19 | connected to their participation in the task force.
| ||||||
20 | (Source: P.A. 95-558, eff. 8-30-07; 95-876, eff. 8-21-08; | ||||||
21 | 96-364, eff. 8-13-09.)
| ||||||
22 | (105 ILCS 5/10-22.39)
| ||||||
23 | Sec. 10-22.39. In-service training programs. | ||||||
24 | (a) To conduct in-service training programs for teachers. | ||||||
25 | (b) In addition to
other topics at in-service training
|
| |||||||
| |||||||
1 | programs, school guidance counselors, teachers and
other | ||||||
2 | school personnel who work with pupils in grades 7 through 12 | ||||||
3 | shall be
trained to identify the warning signs of suicidal | ||||||
4 | behavior in adolescents
and teens and shall be taught | ||||||
5 | appropriate intervention and referral techniques.
| ||||||
6 | (c) School guidance counselors, nurses, teachers and other | ||||||
7 | school personnel
who work with pupils may be trained to have a | ||||||
8 | basic knowledge of matters
relating to acquired | ||||||
9 | immunodeficiency syndrome (AIDS), including the nature
of the | ||||||
10 | disease, its causes and effects, the means of detecting it and
| ||||||
11 | preventing its transmission, and the availability of | ||||||
12 | appropriate sources of
counseling and referral, and any other | ||||||
13 | information that may be appropriate
considering the age and | ||||||
14 | grade level of such pupils. The School Board shall
supervise | ||||||
15 | such training. The State Board of Education and the Department
| ||||||
16 | of Public Health shall jointly develop standards for such | ||||||
17 | training.
| ||||||
18 | (d) In this subsection (d): | ||||||
19 | "Domestic violence" means abuse by a family or household | ||||||
20 | member, as "abuse" and "family or household members" are | ||||||
21 | defined in Section 103 of the Illinois Domestic Violence Act of | ||||||
22 | 1986. | ||||||
23 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
24 | of an adult or minor child proscribed in the Criminal Code of | ||||||
25 | 1961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
26 | 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, |
| |||||||
| |||||||
1 | and 12-16, including sexual violence committed by perpetrators | ||||||
2 | who are strangers to the victim and sexual violence committed | ||||||
3 | by perpetrators who are known or related by blood or marriage | ||||||
4 | to the victim. | ||||||
5 | At least once every 2 years, an in-service training program | ||||||
6 | for school personnel who work with pupils, including, but not | ||||||
7 | limited to, school and school district administrators, | ||||||
8 | teachers, school guidance counselors, school social workers, | ||||||
9 | school counselors, school psychologists, and school nurses, | ||||||
10 | must be conducted by persons with expertise in domestic and | ||||||
11 | sexual violence and the needs of expectant and parenting youth | ||||||
12 | and shall include training concerning (i) communicating with | ||||||
13 | and listening to youth victims of domestic or sexual violence | ||||||
14 | and expectant and parenting youth, (ii) connecting youth | ||||||
15 | victims of domestic or sexual violence and expectant and | ||||||
16 | parenting youth to appropriate in-school services and other | ||||||
17 | agencies, programs, and services as needed, and (iii) | ||||||
18 | implementing the school district's policies, procedures, and | ||||||
19 | protocols with regard to such youth, including | ||||||
20 | confidentiality. At a minimum, school personnel must be trained | ||||||
21 | to understand, provide information and referrals, and address | ||||||
22 | issues pertaining to youth who are parents, expectant parents, | ||||||
23 | or victims of domestic or sexual violence.
| ||||||
24 | (e) At least every 2 years, an in-service training program | ||||||
25 | for school personnel who work with pupils must be conducted by | ||||||
26 | persons with expertise in anaphylactic reactions and |
| |||||||
| |||||||
1 | management.
| ||||||
2 | (f) (e) At least once every 2 years, a school board shall | ||||||
3 | conduct in-service training on educator ethics, | ||||||
4 | teacher-student conduct, and school employee-student conduct | ||||||
5 | for all personnel. | ||||||
6 | (Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09; | ||||||
7 | 96-431, eff. 8-13-09; revised 9-4-09.)
| ||||||
8 | (105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
| ||||||
9 | Sec. 21-23a. Conviction of certain offenses as grounds for | ||||||
10 | revocation
of certificate. | ||||||
11 | (a) Whenever the holder of any certificate issued pursuant
| ||||||
12 | to this Article has been convicted of any sex offense or | ||||||
13 | narcotics offense
as defined in this Section, the State
| ||||||
14 | Superintendent
of Education shall forthwith suspend the | ||||||
15 | certificate. If the conviction
is reversed and the holder is | ||||||
16 | acquitted of the offense in a new trial or
the charges against | ||||||
17 | him are dismissed, the suspending authority shall forthwith
| ||||||
18 | terminate the suspension of the certificate. When the | ||||||
19 | conviction becomes
final, the State Superintendent of | ||||||
20 | Education shall forthwith revoke the
certificate. "Sex | ||||||
21 | offense" as used in this Section means any one or more
of the | ||||||
22 | following offenses: (1) any offense defined in Sections 11-6 , | ||||||
23 | and
11-9 through 11-9.5, inclusive, and 11-30, Sections 11-14 | ||||||
24 | through 11-21, inclusive, Sections 11-23 (if punished as a | ||||||
25 | Class 3 felony), 11-24, 11-25, and 11-26, and Sections 11-1.20, |
| |||||||
| |||||||
1 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9,
12-13, 12-14,
| ||||||
2 | 12-14.1,
12-15, 12-16, 12-32, and 12-33 of the Criminal Code of | ||||||
3 | 1961; (2) any
attempt to commit any of the foregoing offenses, | ||||||
4 | and (3) any offense committed
or attempted in any other state | ||||||
5 | which, if committed or attempted in this
State, would have been | ||||||
6 | punishable as one or more of the foregoing
offenses. "Narcotics | ||||||
7 | offense" as used in this Section
means any one or more of the | ||||||
8 | following offenses: (1) any offense defined
in the Cannabis | ||||||
9 | Control Act, except those defined in Sections 4(a), 4(b)
and | ||||||
10 | 5(a) of that Act and any offense for which the holder of any | ||||||
11 | certificate
is placed on probation under the provisions of | ||||||
12 | Section 10 of that Act, provided that if the terms and | ||||||
13 | conditions of probation required by the court are not | ||||||
14 | fulfilled, the offense is not eligible for this exception; (2) | ||||||
15 | any offense defined in the Illinois Controlled
Substances Act, | ||||||
16 | except any offense for which the holder of any certificate
is | ||||||
17 | placed on probation under the provisions of Section 410 of that | ||||||
18 | Act, provided that if the terms and conditions of probation | ||||||
19 | required by the court are not fulfilled, the offense is not | ||||||
20 | eligible for this exception; (3) any offense defined in the | ||||||
21 | Methamphetamine Control and Community Protection Act, except | ||||||
22 | any offense for which the holder of any certificate is placed | ||||||
23 | on probation under the provision of Section 70 of that Act, | ||||||
24 | provided that if the terms and conditions of probation required | ||||||
25 | by the court are not fulfilled, the offense is not eligible for | ||||||
26 | this exception; (4) any attempt to commit any of the foregoing |
| |||||||
| |||||||
1 | offenses; and (5)
any offense committed or attempted in any | ||||||
2 | other state or against the laws
of the United States which, if | ||||||
3 | committed or attempted in this State, would
have been | ||||||
4 | punishable as one or more of the foregoing offenses. The | ||||||
5 | changes made by this amendatory Act of the 96th General | ||||||
6 | Assembly to the definition of "narcotics offense" in this | ||||||
7 | subsection (a) are declaratory of existing law.
| ||||||
8 | (b) Whenever the holder of a certificate issued pursuant to | ||||||
9 | this Article
has been convicted of first degree murder, | ||||||
10 | attempted first degree murder, conspiracy to commit first | ||||||
11 | degree murder, attempted conspiracy to commit first degree | ||||||
12 | murder, or a
Class X felony or any offense committed or | ||||||
13 | attempted in any other state or against the laws of the United | ||||||
14 | States that, if committed or attempted in this State, would | ||||||
15 | have been punishable as one or more of the foregoing offenses, | ||||||
16 | the State Superintendent of
Education shall forthwith suspend | ||||||
17 | the certificate. If the conviction is
reversed and the holder | ||||||
18 | is acquitted of that offense in a new trial or the
charges that | ||||||
19 | he or she committed that offense are dismissed, the State | ||||||
20 | Superintendent of Education shall forthwith terminate the | ||||||
21 | suspension of the certificate. When
the conviction becomes | ||||||
22 | final, the State Superintendent of Education shall
forthwith | ||||||
23 | revoke the certificate.
| ||||||
24 | (Source: P.A. 96-431, eff. 8-13-09.)
| ||||||
25 | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
|
| |||||||
| |||||||
1 | Sec. 34-2.1. Local School Councils - Composition - | ||||||
2 | Voter-Eligibility
- Elections - Terms. | ||||||
3 | (a) A local school council shall be established for each | ||||||
4 | attendance
center within the school district. Each local school | ||||||
5 | council shall
consist of the following 11 voting members: the | ||||||
6 | principal of the
attendance center, 2 teachers employed and | ||||||
7 | assigned to perform the
majority of their employment duties at | ||||||
8 | the attendance center, 6 parents of
students currently enrolled | ||||||
9 | at the attendance center and 2 community
residents. Neither the | ||||||
10 | parents nor the community residents who serve as
members of the | ||||||
11 | local school council shall be employees of the Board of
| ||||||
12 | Education. In each secondary attendance center, the local | ||||||
13 | school council
shall consist of 12 voting members -- the 11 | ||||||
14 | voting members described above
and one full-time student | ||||||
15 | member, appointed as provided in subsection
(m) below.
In the | ||||||
16 | event that the chief executive officer of the Chicago School | ||||||
17 | Reform
Board of Trustees determines that a local school council | ||||||
18 | is not carrying out
its financial duties effectively, the chief | ||||||
19 | executive officer is authorized to
appoint a representative of | ||||||
20 | the business community with experience in finance
and | ||||||
21 | management
to serve as an advisor to the local school council | ||||||
22 | for
the purpose of providing advice and assistance to the local | ||||||
23 | school council on
fiscal matters.
The advisor shall have access | ||||||
24 | to relevant financial records of the
local school council. The | ||||||
25 | advisor may attend executive sessions.
The chief executive | ||||||
26 | officer shall
issue a written policy defining the circumstances |
| |||||||
| |||||||
1 | under which a local school
council is not carrying out its | ||||||
2 | financial duties effectively.
| ||||||
3 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
4 | appoint the
members and officers (a Chairperson who shall be a | ||||||
5 | parent member and a
Secretary) of each local school council who | ||||||
6 | shall hold their offices until
their successors shall be | ||||||
7 | elected and qualified. Members so appointed shall
have all the | ||||||
8 | powers and duties of local school councils as set forth in
this | ||||||
9 | amendatory Act of 1991. The Mayor's appointments shall not | ||||||
10 | require
approval by the City Council.
| ||||||
11 | The membership of each local school council shall be | ||||||
12 | encouraged to be
reflective of the racial and ethnic | ||||||
13 | composition of the student population
of the attendance center | ||||||
14 | served by the local school council.
| ||||||
15 | (c) Beginning with the 1995-1996 school year and in every | ||||||
16 | even-numbered
year thereafter, the Board shall set second | ||||||
17 | semester Parent Report Card
Pick-up Day for Local School | ||||||
18 | Council elections and may schedule elections at
year-round | ||||||
19 | schools for the same dates as the remainder of the school | ||||||
20 | system.
Elections shall be
conducted as provided herein by the | ||||||
21 | Board of Education in consultation with
the local school | ||||||
22 | council at each attendance center.
| ||||||
23 | (d) Beginning with the 1995-96 school year, the following
| ||||||
24 | procedures shall apply to the election of local school council | ||||||
25 | members at each
attendance center:
| ||||||
26 | (i) The elected members of each local school council |
| |||||||
| |||||||
1 | shall consist of
the 6 parent members and the 2 community | ||||||
2 | resident members.
| ||||||
3 | (ii) Each elected member shall be elected by the | ||||||
4 | eligible voters of
that attendance center to serve for a | ||||||
5 | two-year term
commencing on July 1
immediately following | ||||||
6 | the election described in subsection
(c). Eligible
voters | ||||||
7 | for each attendance center shall consist of the parents and | ||||||
8 | community
residents for that attendance center.
| ||||||
9 | (iii) Each eligible voter shall be entitled
to cast one | ||||||
10 | vote for up to
a total of 5 candidates, irrespective of | ||||||
11 | whether such candidates are parent
or community resident | ||||||
12 | candidates.
| ||||||
13 | (iv) Each parent voter shall be entitled to vote in the | ||||||
14 | local
school
council election at each attendance center in | ||||||
15 | which he or she has a child
currently enrolled. Each | ||||||
16 | community resident voter shall be entitled to
vote in the | ||||||
17 | local school council election at each attendance center for
| ||||||
18 | which he or she resides in the applicable attendance area | ||||||
19 | or voting
district, as the case may be.
| ||||||
20 | (v) Each eligible voter shall be entitled to vote once, | ||||||
21 | but
not more
than once, in the local school council | ||||||
22 | election at each attendance center
at which the voter is | ||||||
23 | eligible to vote.
| ||||||
24 | (vi) The 2 teacher members of each local school council
| ||||||
25 | shall be
appointed as provided in subsection (l) below each | ||||||
26 | to serve for a
two-year
term coinciding with that of the |
| |||||||
| |||||||
1 | elected parent and community resident
members.
| ||||||
2 | (vii) At secondary attendance centers, the voting | ||||||
3 | student
member shall
be appointed as provided in subsection | ||||||
4 | (m) below to serve
for a one-year term coinciding with the | ||||||
5 | beginning of the terms of the elected
parent and community | ||||||
6 | members of the local school council.
| ||||||
7 | (e) The Council shall publicize the date and place of the | ||||||
8 | election by
posting notices at the attendance center, in public | ||||||
9 | places within the
attendance boundaries of the attendance | ||||||
10 | center and by distributing notices
to the pupils at the | ||||||
11 | attendance center, and shall utilize such other means
as it | ||||||
12 | deems necessary to maximize the involvement of all eligible | ||||||
13 | voters.
| ||||||
14 | (f) Nomination. The Council shall publicize the opening of | ||||||
15 | nominations
by posting notices at the attendance center, in | ||||||
16 | public places within the
attendance boundaries of the | ||||||
17 | attendance center and by distributing notices
to the pupils at | ||||||
18 | the attendance center, and shall utilize such other means
as it | ||||||
19 | deems necessary to maximize the involvement of all eligible | ||||||
20 | voters.
Not less than 2 weeks before the election date, persons | ||||||
21 | eligible to run for
the Council shall submit their name,
date | ||||||
22 | of birth, social
security number, if
available,
and some | ||||||
23 | evidence of eligibility
to the Council. The Council shall | ||||||
24 | encourage nomination of candidates
reflecting the | ||||||
25 | racial/ethnic population of the students at the attendance
| ||||||
26 | center. Each person nominated who runs as a candidate shall |
| |||||||
| |||||||
1 | disclose, in a
manner determined by the Board, any economic | ||||||
2 | interest held by such person,
by such person's spouse or | ||||||
3 | children, or by each business entity in which
such person has | ||||||
4 | an ownership interest, in any contract with the Board, any
| ||||||
5 | local school council or any public school in the school
| ||||||
6 | district.
Each person
nominated who runs as a candidate shall | ||||||
7 | also disclose, in a manner determined
by the Board, if he or | ||||||
8 | she ever has been convicted of any of the offenses
specified in | ||||||
9 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
10 | provision nor any other provision of this Section shall be | ||||||
11 | deemed to require
the disclosure of any information that is | ||||||
12 | contained in any law enforcement
record or juvenile court | ||||||
13 | record that is confidential or whose accessibility or
| ||||||
14 | disclosure is restricted or prohibited under Section 5-901 or
| ||||||
15 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
16 | disclosure shall render a person ineligible
for election or to | ||||||
17 | serve on the local school council. The same
disclosure shall be
| ||||||
18 | required of persons under consideration for appointment to the | ||||||
19 | Council
pursuant to subsections (l) and (m) of this Section.
| ||||||
20 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
21 | convicted of any
of
the
following offenses at any time shall be | ||||||
22 | ineligible for election or appointment
to a local
school | ||||||
23 | council and ineligible for appointment to a local school | ||||||
24 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
25 | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
26 | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, |
| |||||||
| |||||||
1 | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
2 | 12-14, 12-14.1, 12-15, or
12-16 , or subdivision (a)(2) of | ||||||
3 | Section 11-14.3, of the
Criminal Code of 1961 or (ii) any | ||||||
4 | offense committed or attempted in any other
state or
against | ||||||
5 | the laws of the United States, which, if committed or attempted | ||||||
6 | in this
State,
would have been punishable as one or more of the | ||||||
7 | foregoing offenses.
Notwithstanding
disclosure, a person who | ||||||
8 | has been convicted of any of the following offenses
within the
| ||||||
9 | 10 years previous to the date of nomination or appointment | ||||||
10 | shall be ineligible
for election or
appointment to a local | ||||||
11 | school council:
(i) those defined in Section 401.1, 405.1, or | ||||||
12 | 405.2 of the Illinois Controlled
Substances Act or (ii) any
| ||||||
13 | offense committed
or attempted in any other state or against | ||||||
14 | the laws of the United States,
which, if
committed or attempted | ||||||
15 | in this State, would have been punishable as one or more
of the
| ||||||
16 | foregoing offenses.
| ||||||
17 | Immediately upon election or appointment, incoming local | ||||||
18 | school
council members
shall be
required to undergo a criminal | ||||||
19 | background investigation, to be completed prior
to the member | ||||||
20 | taking office,
in order to identify
any criminal convictions | ||||||
21 | under the offenses enumerated in Section 34-18.5.
The | ||||||
22 | investigation shall be conducted by the Department of State | ||||||
23 | Police in the
same manner as provided for in Section 34-18.5. | ||||||
24 | However, notwithstanding
Section 34-18.5, the social security | ||||||
25 | number shall be provided only if
available.
If it is determined | ||||||
26 | at any time that a local school council member or
member-elect |
| |||||||
| |||||||
1 | has been convicted
of any of the offenses enumerated in this | ||||||
2 | Section or failed to disclose a
conviction of any of the | ||||||
3 | offenses enumerated in Section 34-18.5, the general
| ||||||
4 | superintendent shall notify the local school council member or | ||||||
5 | member-elect of
such
determination and the local school council | ||||||
6 | member or member-elect shall be
removed from the
local school | ||||||
7 | council by the Board, subject to a hearing,
convened pursuant | ||||||
8 | to Board rule, prior to removal.
| ||||||
9 | (g) At least one week before the election date, the Council | ||||||
10 | shall
publicize, in the manner provided in subsection (e), the | ||||||
11 | names of persons
nominated for election.
| ||||||
12 | (h) Voting shall be in person by secret ballot at the | ||||||
13 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
14 | (i) Candidates receiving the highest number of votes shall | ||||||
15 | be declared
elected by the Council. In cases of a tie, the | ||||||
16 | Council shall determine the
winner by lot.
| ||||||
17 | (j) The Council shall certify the results of the election | ||||||
18 | and shall
publish the results in the minutes of the Council.
| ||||||
19 | (k) The general superintendent shall resolve any
disputes
| ||||||
20 | concerning election procedure or results and shall ensure that, | ||||||
21 | except as
provided in subsections (e) and (g), no resources of | ||||||
22 | any attendance center
shall be used to endorse or promote any | ||||||
23 | candidate.
| ||||||
24 | (l) Beginning with the 1995-1996 school year
and in every
| ||||||
25 | even numbered
year thereafter, the Board shall appoint 2 | ||||||
26 | teacher
members to each
local school council. These |
| |||||||
| |||||||
1 | appointments shall be made in the following
manner:
| ||||||
2 | (i) The Board shall appoint 2 teachers who are
employed | ||||||
3 | and assigned to
perform the majority of
their employment | ||||||
4 | duties at the attendance center
to serve on the local | ||||||
5 | school council of the attendance center for a two-year
term | ||||||
6 | coinciding with the terms of the elected parent and
| ||||||
7 | community members of that local school council. These
| ||||||
8 | appointments shall be made from among those teachers who | ||||||
9 | are nominated in
accordance with subsection (f).
| ||||||
10 | (ii) A non-binding, advisory poll to ascertain the
| ||||||
11 | preferences of the
school staff regarding appointments of | ||||||
12 | teachers to the local school council
for that attendance | ||||||
13 | center shall be conducted in accordance with the
procedures | ||||||
14 | used to elect parent and community Council | ||||||
15 | representatives. At
such poll, each member of the school | ||||||
16 | staff shall be entitled to indicate
his or her preference | ||||||
17 | for up to 2 candidates from among those who submitted
| ||||||
18 | statements of candidacy as described above. These | ||||||
19 | preferences shall be
advisory only and the Board shall | ||||||
20 | maintain absolute discretion to appoint
teacher members to | ||||||
21 | local school councils, irrespective of the preferences
| ||||||
22 | expressed in any such poll.
| ||||||
23 | (iii) In the event that a teacher representative is | ||||||
24 | unable to perform
his or her employment duties at the | ||||||
25 | school due to illness, disability, leave of
absence, | ||||||
26 | disciplinary action, or any other reason, the Board shall |
| |||||||
| |||||||
1 | declare
a temporary vacancy and appoint a replacement | ||||||
2 | teacher representative to serve
on the local school council | ||||||
3 | until such time as the teacher member originally
appointed | ||||||
4 | pursuant to this subsection (l) resumes service at the | ||||||
5 | attendance
center or for the remainder of the term. The | ||||||
6 | replacement teacher
representative shall be appointed in | ||||||
7 | the same manner and by the same procedures
as teacher | ||||||
8 | representatives are appointed in subdivisions (i) and (ii) | ||||||
9 | of this
subsection (l).
| ||||||
10 | (m) Beginning with the 1995-1996 school year, and in every
| ||||||
11 | year thereafter, the Board shall appoint one student member to | ||||||
12 | each
secondary attendance center. These appointments shall be | ||||||
13 | made in the
following manner:
| ||||||
14 | (i) Appointments shall be made from among those | ||||||
15 | students who submit
statements of candidacy to the | ||||||
16 | principal of the attendance center, such
statements to be | ||||||
17 | submitted commencing on the first day of the twentieth
week | ||||||
18 | of school and
continuing for 2 weeks thereafter. The form | ||||||
19 | and manner of such candidacy
statements shall be determined | ||||||
20 | by the Board.
| ||||||
21 | (ii) During the twenty-second week of school in every | ||||||
22 | year,
the principal of
each attendance center shall conduct | ||||||
23 | a non-binding, advisory poll to
ascertain the preferences | ||||||
24 | of the school students regarding the appointment
of a | ||||||
25 | student to the local school council for that attendance | ||||||
26 | center. At
such poll, each student shall be entitled to |
| |||||||
| |||||||
1 | indicate his or her preference
for up to one candidate from | ||||||
2 | among those who submitted statements of
candidacy as | ||||||
3 | described above. The Board shall promulgate rules to ensure
| ||||||
4 | that these non-binding, advisory polls are conducted in a | ||||||
5 | fair and
equitable manner and maximize the involvement of | ||||||
6 | all school students. The
preferences expressed in these | ||||||
7 | non-binding, advisory polls shall be
transmitted by the | ||||||
8 | principal to the Board. However, these preferences
shall be | ||||||
9 | advisory only and the Board shall maintain absolute | ||||||
10 | discretion to
appoint student members to local school | ||||||
11 | councils, irrespective of the
preferences expressed in any | ||||||
12 | such poll.
| ||||||
13 | (iii) For the 1995-96 school year only, appointments | ||||||
14 | shall be made from
among those students who submitted | ||||||
15 | statements of candidacy to the principal
of the attendance | ||||||
16 | center during the first 2 weeks of the school year.
The
| ||||||
17 | principal shall communicate the results of any nonbinding, | ||||||
18 | advisory poll to the
Board. These results shall be advisory | ||||||
19 | only, and the Board shall maintain
absolute discretion to | ||||||
20 | appoint student members to local school councils,
| ||||||
21 | irrespective of the preferences expressed in any such poll.
| ||||||
22 | (n) The Board may promulgate such other rules and | ||||||
23 | regulations for
election procedures as may be deemed necessary | ||||||
24 | to ensure fair elections.
| ||||||
25 | (o) In the event that a vacancy occurs during a member's | ||||||
26 | term, the
Council shall appoint a person eligible to serve on |
| |||||||
| |||||||
1 | the Council, to fill
the unexpired term created by the vacancy, | ||||||
2 | except that any teacher vacancy
shall be filled by the Board | ||||||
3 | after considering the preferences of the school
staff as | ||||||
4 | ascertained through a non-binding advisory poll of school | ||||||
5 | staff.
| ||||||
6 | (p) If less than the specified number of persons is elected | ||||||
7 | within each
candidate category, the newly elected local school | ||||||
8 | council shall appoint
eligible persons to serve as members of | ||||||
9 | the Council for two-year terms.
| ||||||
10 | (q) The Board shall promulgate rules regarding conflicts of | ||||||
11 | interest
and disclosure of economic interests which shall apply | ||||||
12 | to local school
council members and which shall require reports | ||||||
13 | or statements to be filed
by Council members at regular | ||||||
14 | intervals with the Secretary of the
Board. Failure to comply | ||||||
15 | with such rules
or intentionally falsifying such reports shall | ||||||
16 | be grounds for
disqualification from local school council | ||||||
17 | membership. A vacancy on the
Council for disqualification may | ||||||
18 | be so declared by the Secretary of the
Board. Rules regarding | ||||||
19 | conflicts of interest and disclosure of
economic interests | ||||||
20 | promulgated by the Board shall apply to local school council
| ||||||
21 | members. No less than 45 days prior to the deadline, the | ||||||
22 | general
superintendent shall provide notice, by mail, to each | ||||||
23 | local school council
member of all requirements and forms for | ||||||
24 | compliance with economic interest
statements.
| ||||||
25 | (r) (1) If a parent member of a local school council ceases | ||||||
26 | to have any
child
enrolled in the attendance center governed by |
| |||||||
| |||||||
1 | the Local School Council due to
the graduation or voluntary | ||||||
2 | transfer of a child or children from the attendance
center, the | ||||||
3 | parent's membership on the Local School Council and all voting
| ||||||
4 | rights are terminated immediately as of the date of the child's | ||||||
5 | graduation or
voluntary transfer. If the child of a parent | ||||||
6 | member of a local school council dies during the member's term | ||||||
7 | in office, the member may continue to serve on the local school | ||||||
8 | council for the balance of his or her term. Further,
a local | ||||||
9 | school council member may be removed from the Council by a
| ||||||
10 | majority vote of the Council as provided in subsection (c) of | ||||||
11 | Section
34-2.2 if the Council member has missed 3 consecutive | ||||||
12 | regular meetings, not
including committee meetings, or 5 | ||||||
13 | regular meetings in a 12 month period,
not including committee | ||||||
14 | meetings.
If a parent member of a local school council ceases | ||||||
15 | to be eligible to serve
on the Council for any other reason, he | ||||||
16 | or she shall be removed by the Board
subject
to a hearing, | ||||||
17 | convened pursuant to Board rule, prior to removal.
A vote to | ||||||
18 | remove a Council member by the local school council shall
only | ||||||
19 | be valid if the Council member has been notified personally or | ||||||
20 | by
certified mail, mailed to the person's last known address, | ||||||
21 | of the Council's
intent to vote on the Council member's removal | ||||||
22 | at least 7 days prior to the
vote. The Council member in | ||||||
23 | question shall have the right to explain
his or her actions and | ||||||
24 | shall be eligible to vote on the
question of his or her removal | ||||||
25 | from the Council. The provisions of this
subsection shall be | ||||||
26 | contained within the petitions used to nominate Council
|
| |||||||
| |||||||
1 | candidates.
| ||||||
2 | (2) A person may continue to serve as a community resident | ||||||
3 | member of a
local
school council as long as he or she resides | ||||||
4 | in the attendance area served by
the
school and is not employed | ||||||
5 | by the Board nor is a parent of a student enrolled
at the | ||||||
6 | school. If a community resident member ceases to be eligible to | ||||||
7 | serve
on the Council, he or she shall be removed by the Board | ||||||
8 | subject to a hearing,
convened pursuant to Board rule, prior to | ||||||
9 | removal.
| ||||||
10 | (3) A person may continue to serve as a teacher member of a | ||||||
11 | local school
council as long as he or she is employed and | ||||||
12 | assigned to perform a majority of
his or her duties at the | ||||||
13 | school, provided that if the teacher representative
resigns | ||||||
14 | from employment with the Board or
voluntarily transfers to | ||||||
15 | another school, the teacher's membership on the local
school | ||||||
16 | council and all voting rights are terminated immediately as of | ||||||
17 | the date
of the teacher's resignation or upon the date of the | ||||||
18 | teacher's voluntary
transfer to another school. If a teacher | ||||||
19 | member of a local school council
ceases to be eligible to serve | ||||||
20 | on a local school council for any other reason,
that member | ||||||
21 | shall be removed by the Board subject to a hearing, convened
| ||||||
22 | pursuant to Board rule, prior to removal.
| ||||||
23 | (Source: P.A. 95-1015, eff. 12-15-08.)
| ||||||
24 | (105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
| ||||||
25 | Sec. 34-84b. Conviction of sex or narcotics offense, first |
| |||||||
| |||||||
1 | degree murder,
attempted first degree murder, or Class X felony | ||||||
2 | as grounds for
revocation
of certificate.
| ||||||
3 | (a) Whenever the holder of any certificate issued by the | ||||||
4 | board
of education has been convicted of any sex offense or | ||||||
5 | narcotics offense
as defined in this Section, the board of | ||||||
6 | education shall forthwith suspend
the certificate. If the | ||||||
7 | conviction is reversed and the holder is acquitted
of the | ||||||
8 | offense in a new trial or the charges against him are | ||||||
9 | dismissed,
the board shall forthwith terminate the suspension | ||||||
10 | of the certificate.
When the conviction becomes final, the | ||||||
11 | board shall forthwith revoke the
certificate. "Sex offense" as | ||||||
12 | used in this Section means any one or more
of the following | ||||||
13 | offenses: (1) any offense defined in Sections 11-6 , and
11-9 , | ||||||
14 | and 11-30, and Sections
11-14 through 11-21, inclusive, and | ||||||
15 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, | ||||||
16 | 12-14,
12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961; | ||||||
17 | (2) any attempt to commit any of the foregoing
offenses, and | ||||||
18 | (3) any offense committed or attempted in any other state
| ||||||
19 | which, if committed or attempted in this State, would have been | ||||||
20 | punishable
as one or more of the foregoing offenses. "Narcotics | ||||||
21 | offense" as used in
this Section means any one or more of the | ||||||
22 | following offenses: (1) any offense
defined in the Cannabis | ||||||
23 | Control Act except those defined in Sections 4(a),
4(b) and | ||||||
24 | 5(a) of that Act and any offense for which the holder of any
| ||||||
25 | certificate
is placed on probation under the provisions of | ||||||
26 | Section 10 of that Act and
fulfills the terms and conditions of |
| |||||||
| |||||||
1 | probation as may be required by the
court; (2) any offense | ||||||
2 | defined in the Illinois
Controlled Substances Act except any | ||||||
3 | offense for which the holder of any
certificate is placed on | ||||||
4 | probation under the provisions of Section 410 of
that Act and | ||||||
5 | fulfills the terms and conditions of probation as may be | ||||||
6 | required
by the court; (3) any offense defined in the | ||||||
7 | Methamphetamine Control and Community Protection Act except | ||||||
8 | any offense for which the holder of any certificate is placed | ||||||
9 | on probation under the provision of Section 70 of that Act and | ||||||
10 | fulfills the terms and conditions of probation as may be | ||||||
11 | required by the court; (4) any attempt to commit any of the | ||||||
12 | foregoing
offenses; and (5) any offense committed or attempted | ||||||
13 | in any other state
or against the laws of the United States | ||||||
14 | which, if committed or attempted
in this State, would have been | ||||||
15 | punishable as one or more of the foregoing
offenses.
| ||||||
16 | (b) Whenever the holder of any certificate issued by the | ||||||
17 | board of
education or pursuant to Article 21 or any other | ||||||
18 | provisions of the School Code
has been convicted of first | ||||||
19 | degree
murder, attempted first degree murder, or a
Class X | ||||||
20 | felony, the board of education or the State Superintendent of
| ||||||
21 | Education shall forthwith suspend the certificate. If the | ||||||
22 | conviction is
reversed and the holder is acquitted of that | ||||||
23 | offense in a new trial or the
charges that he or she committed | ||||||
24 | that offense are dismissed, the suspending
authority shall | ||||||
25 | forthwith terminate the suspension of the certificate. When
the | ||||||
26 | conviction becomes final, the State Superintendent of |
| |||||||
| |||||||
1 | Education shall
forthwith revoke the certificate. The stated | ||||||
2 | offenses of "first degree
murder", "attempted first degree | ||||||
3 | murder", and "Class X felony" referred to in
this Section | ||||||
4 | include any offense committed in another state that, if | ||||||
5 | committed
in this State, would have been punishable as any one | ||||||
6 | of the stated offenses.
| ||||||
7 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
8 | Section 970. The Medical School Matriculant Criminal | ||||||
9 | History Records Check Act is amended by changing Section 5 as | ||||||
10 | follows: | ||||||
11 | (110 ILCS 57/5)
| ||||||
12 | Sec. 5. Definitions. | ||||||
13 | "Matriculant" means an individual who is conditionally | ||||||
14 | admitted as a student to a medical school located in Illinois, | ||||||
15 | pending the medical school's consideration of his or her | ||||||
16 | criminal history records check under this Act. | ||||||
17 | "Sex offender" means any person who is convicted pursuant | ||||||
18 | to Illinois law or any
substantially similar federal, Uniform | ||||||
19 | Code of Military
Justice, sister state, or foreign country law | ||||||
20 | with any of
the following sex offenses set forth in the | ||||||
21 | Criminal Code
of 1961: | ||||||
22 | (1) Indecent solicitation of a child. | ||||||
23 | (2) Sexual exploitation of a child. | ||||||
24 | (3) Custodial sexual misconduct. |
| |||||||
| |||||||
1 | (4) Exploitation of a child. | ||||||
2 | (5) Child pornography. | ||||||
3 | (6) Aggravated child pornography. | ||||||
4 | "Violent felony" means any of the following offenses, as
| ||||||
5 | defined by the Criminal Code of 1961: | ||||||
6 | (1) First degree murder. | ||||||
7 | (2) Second degree murder. | ||||||
8 | (3) Predatory criminal sexual assault of a child. | ||||||
9 | (4) Aggravated criminal sexual assault. | ||||||
10 | (5) Criminal sexual assault. | ||||||
11 | (6) Aggravated arson. | ||||||
12 | (7) Aggravated kidnapping. | ||||||
13 | (8) Kidnapping. | ||||||
14 | (9) Aggravated battery resulting in great bodily harm | ||||||
15 | or permanent disability or disfigurement.
| ||||||
16 | (Source: P.A. 94-709, eff. 12-5-05.) | ||||||
17 | Section 975. The Illinois Insurance Code is amended by | ||||||
18 | changing Sections 356e and 367 as follows:
| ||||||
19 | (215 ILCS 5/356e) (from Ch. 73, par. 968e)
| ||||||
20 | Sec. 356e. Victims of certain offenses.
| ||||||
21 | (1) No policy of accident and health insurance, which | ||||||
22 | provides
benefits for hospital or medical expenses based upon | ||||||
23 | the actual expenses
incurred, delivered or issued for delivery | ||||||
24 | to any person in this State
shall contain any specific |
| |||||||
| |||||||
1 | exception to coverage which would preclude
the payment under | ||||||
2 | that policy of actual expenses incurred in the
examination and | ||||||
3 | testing of a victim of an offense defined in Sections
11-1.20 | ||||||
4 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
5 | 1961, as now or hereafter amended,
or an attempt to commit such | ||||||
6 | offense to
establish that sexual contact did occur or did not | ||||||
7 | occur, and to
establish the presence or absence of sexually | ||||||
8 | transmitted
disease or infection, and
examination and | ||||||
9 | treatment of injuries and trauma sustained by a victim
of such | ||||||
10 | offense arising
out of the offense.
Every policy of accident
| ||||||
11 | and health insurance which specifically provides benefits for | ||||||
12 | routine physical
examinations shall provide full coverage for | ||||||
13 | expenses incurred in the
examination
and testing of a victim of | ||||||
14 | an offense defined in Sections 11-1.20 through 11-1.60 or 12-13 | ||||||
15 | through
12-16 of the Criminal Code of 1961, as now or hereafter | ||||||
16 | amended, or an attempt
to commit such offense
as set forth in | ||||||
17 | this Section.
This Section shall not apply to a policy which | ||||||
18 | covers hospital and
medical expenses for specified illnesses or | ||||||
19 | injuries only.
| ||||||
20 | (2) For purposes of enabling the recovery of State funds, | ||||||
21 | any insurance
carrier subject to this Section shall upon | ||||||
22 | reasonable demand by the Department
of Public Health disclose | ||||||
23 | the names and identities of its insureds entitled
to benefits | ||||||
24 | under this provision to the Department of Public Health | ||||||
25 | whenever
the Department of Public Health has determined that it | ||||||
26 | has paid, or is about
to pay, hospital or medical expenses for |
| |||||||
| |||||||
1 | which an insurance carrier is liable
under this Section. All | ||||||
2 | information received by the Department of Public
Health under | ||||||
3 | this provision shall be held on a confidential basis and shall
| ||||||
4 | not be subject to subpoena and shall not be made public by the | ||||||
5 | Department
of Public Health or used for any purpose other than | ||||||
6 | that authorized by this
Section.
| ||||||
7 | (3) Whenever the Department of Public Health finds that it | ||||||
8 | has paid all
or part of any hospital or medical expenses which | ||||||
9 | an insurance carrier is
obligated to pay under this Section, | ||||||
10 | the Department of Public Health shall
be entitled to receive | ||||||
11 | reimbursement for its payments from such insurance
carrier | ||||||
12 | provided that the Department of Public Health has notified the
| ||||||
13 | insurance
carrier of its claims before the carrier has paid | ||||||
14 | such benefits to its insureds
or in behalf of its insureds.
| ||||||
15 | (Source: P.A. 89-187, eff. 7-19-95.)
| ||||||
16 | (215 ILCS 5/367) (from Ch. 73, par. 979)
| ||||||
17 | Sec. 367. Group accident and health insurance.
| ||||||
18 | (1) Group accident and health insurance is hereby declared | ||||||
19 | to be that
form of accident and health insurance covering not | ||||||
20 | less than 2
employees,
members, or employees of members, | ||||||
21 | written under a
master policy issued to any governmental | ||||||
22 | corporation, unit, agency or
department thereof, or to any | ||||||
23 | corporation, copartnership, individual
employer, or to any | ||||||
24 | association upon application of an executive officer or
trustee | ||||||
25 | of such association having a constitution or bylaws and formed |
| |||||||
| |||||||
1 | in
good faith for purposes other than that of obtaining | ||||||
2 | insurance, where
officers, members, employees, employees of | ||||||
3 | members or classes or department
thereof, may be insured for | ||||||
4 | their individual benefit. In addition a group
accident and | ||||||
5 | health policy may be written to insure any group which may be
| ||||||
6 | insured under a group life insurance policy. The term | ||||||
7 | "employees" shall
include the officers, managers and employees | ||||||
8 | of subsidiary or affiliated
corporations, and the individual | ||||||
9 | proprietors, partners and employees of
affiliated individuals | ||||||
10 | and firms, when the business of such subsidiary or
affiliated | ||||||
11 | corporations, firms or individuals, is controlled by a common
| ||||||
12 | employer through stock ownership, contract or otherwise.
| ||||||
13 | (2) Any insurance company authorized to write accident and | ||||||
14 | health
insurance in this State shall have power to issue group | ||||||
15 | accident and
health policies. No policy of group accident and | ||||||
16 | health insurance may
be issued or delivered in this State | ||||||
17 | unless a copy of the form thereof
shall have been filed with | ||||||
18 | the department and approved by it in
accordance with Section | ||||||
19 | 355, and it contains in substance those
provisions contained in | ||||||
20 | Sections 357.1 through 357.30 as may be applicable
to group | ||||||
21 | accident and health insurance and the following provisions:
| ||||||
22 | (a) A provision that the policy, the application of the | ||||||
23 | employer, or
executive officer or trustee of any | ||||||
24 | association, and the individual
applications, if any, of | ||||||
25 | the employees, members or employees of members
insured | ||||||
26 | shall constitute the entire contract between the parties, |
| |||||||
| |||||||
1 | and
that all statements made by the employer, or the | ||||||
2 | executive officer or
trustee, or by the individual | ||||||
3 | employees, members or employees of members
shall (in the | ||||||
4 | absence of fraud) be deemed representations and not
| ||||||
5 | warranties, and that no such statement shall be used in | ||||||
6 | defense to a
claim under the policy, unless it is contained | ||||||
7 | in a written application.
| ||||||
8 | (b) A provision that the insurer will issue to the | ||||||
9 | employer, or to
the executive officer or trustee of the | ||||||
10 | association, for delivery to the
employee, member or | ||||||
11 | employee of a member, who is insured under such
policy, an | ||||||
12 | individual certificate setting forth a statement as to the
| ||||||
13 | insurance protection to which he is entitled and to whom | ||||||
14 | payable.
| ||||||
15 | (c) A provision that to the group or class thereof | ||||||
16 | originally
insured shall be added from time to time all new | ||||||
17 | employees of the
employer, members of the association or | ||||||
18 | employees of members eligible to
and applying for insurance | ||||||
19 | in such group or class.
| ||||||
20 | (3) Anything in this code to the contrary notwithstanding, | ||||||
21 | any group
accident and health policy may provide that all or | ||||||
22 | any portion of any
indemnities provided by any such policy on | ||||||
23 | account of hospital, nursing,
medical or surgical services, | ||||||
24 | may, at the insurer's option, be paid
directly to the hospital | ||||||
25 | or person rendering such services; but the
policy may not | ||||||
26 | require that the service be rendered by a particular
hospital |
| |||||||
| |||||||
1 | or person. Payment so made shall discharge the insurer's
| ||||||
2 | obligation with respect to the amount of insurance so paid. | ||||||
3 | Nothing in this
subsection (3) shall prohibit an insurer from | ||||||
4 | providing incentives for
insureds to utilize the services of a | ||||||
5 | particular hospital or person.
| ||||||
6 | (4) Special group policies may be issued to school | ||||||
7 | districts
providing medical or hospital service, or both, for | ||||||
8 | pupils of the
district injured while participating in any | ||||||
9 | athletic activity under the
jurisdiction of or sponsored or | ||||||
10 | controlled by the district or the
authorities of any school | ||||||
11 | thereof. The provisions of this Section
governing the issuance | ||||||
12 | of group accident and health insurance shall,
insofar as | ||||||
13 | applicable, control the issuance of such policies issued to
| ||||||
14 | schools.
| ||||||
15 | (5) No policy of group accident and health insurance may be | ||||||
16 | issued
or delivered in this State unless it provides that upon | ||||||
17 | the death of the
insured employee or group member the | ||||||
18 | dependents' coverage, if any,
continues for a period of at | ||||||
19 | least 90 days subject to any other policy
provisions relating | ||||||
20 | to termination of dependents' coverage.
| ||||||
21 | (6) No group hospital policy covering miscellaneous | ||||||
22 | hospital
expenses issued or delivered in this State shall | ||||||
23 | contain any exception
or exclusion from coverage which would | ||||||
24 | preclude the payment of expenses
incurred for the processing | ||||||
25 | and administration of blood and its
components.
| ||||||
26 | (7) No policy of group accident and health insurance, |
| |||||||
| |||||||
1 | delivered in
this State more than 120 days after the effective | ||||||
2 | day of the Section,
which provides inpatient hospital coverage | ||||||
3 | for sicknesses shall exclude
from such coverage the treatment | ||||||
4 | of alcoholism. This subsection shall
not apply to a policy | ||||||
5 | which covers only specified sicknesses.
| ||||||
6 | (8) No policy of group accident and health insurance, which
| ||||||
7 | provides benefits for hospital or medical expenses based upon | ||||||
8 | the actual
expenses incurred, issued or delivered in this State | ||||||
9 | shall contain any
specific exception to coverage which would | ||||||
10 | preclude the payment of
actual expenses incurred in the | ||||||
11 | examination and testing of a victim of
an offense defined in | ||||||
12 | Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the | ||||||
13 | Criminal Code
of 1961, or an attempt to commit such offense,
to | ||||||
14 | establish that sexual contact did occur or did not occur, and | ||||||
15 | to
establish the presence or absence of sexually transmitted
| ||||||
16 | disease or infection, and
examination and treatment of injuries | ||||||
17 | and trauma sustained by the victim of
such offense, arising out | ||||||
18 | of the offense. Every group policy of accident
and health | ||||||
19 | insurance which specifically provides benefits for routine
| ||||||
20 | physical examinations shall provide full coverage for expenses | ||||||
21 | incurred in
the examination and testing of a victim of an | ||||||
22 | offense defined in Sections
11-1.20 through 11-1.60 or 12-13 | ||||||
23 | through 12-16 of the Criminal Code of 1961, or an attempt to | ||||||
24 | commit such
offense, as set forth in this
Section. This | ||||||
25 | subsection shall not apply to a policy which covers hospital
| ||||||
26 | and medical expenses for specified illnesses and injuries only.
|
| |||||||
| |||||||
1 | (9) For purposes of enabling the recovery of State funds, | ||||||
2 | any insurance
carrier subject to this Section shall upon | ||||||
3 | reasonable demand by the Department
of Public Health disclose | ||||||
4 | the names and identities of its insureds entitled
to benefits | ||||||
5 | under this provision to the Department of Public Health | ||||||
6 | whenever
the Department of Public Health has determined that it | ||||||
7 | has paid, or is about
to pay, hospital or medical expenses for | ||||||
8 | which an insurance carrier is liable
under this Section. All | ||||||
9 | information received by the Department of Public
Health under | ||||||
10 | this provision shall be held on a confidential basis and shall
| ||||||
11 | not be subject to subpoena and shall not be made public by the | ||||||
12 | Department
of Public Health or used for any purpose other than | ||||||
13 | that authorized by this
Section.
| ||||||
14 | (10) Whenever the Department of Public Health finds that it | ||||||
15 | has paid all
or part of any hospital or medical expenses which | ||||||
16 | an insurance carrier is
obligated to pay under this Section, | ||||||
17 | the Department of Public Health shall
be entitled to receive | ||||||
18 | reimbursement for its payments from such insurance
carrier | ||||||
19 | provided that the Department of Public Health has notified the
| ||||||
20 | insurance carrier of its claim before the carrier has paid the | ||||||
21 | benefits to
its insureds or the insureds' assignees.
| ||||||
22 | (11) (a) No group hospital, medical or surgical expense
| ||||||
23 | policy shall contain any provision whereby benefits | ||||||
24 | otherwise payable
thereunder are subject to reduction | ||||||
25 | solely on account of the existence
of similar benefits | ||||||
26 | provided under other group or group-type accident
and |
| |||||||
| |||||||
1 | sickness insurance policies where such reduction would | ||||||
2 | operate to
reduce total benefits payable under these | ||||||
3 | policies below an amount equal
to 100% of total allowable | ||||||
4 | expenses provided under these policies.
| ||||||
5 | (b) When dependents of insureds are covered under 2 | ||||||
6 | policies, both
of which contain coordination of benefits | ||||||
7 | provisions, benefits of the
policy of the insured whose | ||||||
8 | birthday falls earlier in the year are
determined before | ||||||
9 | those of the policy of the insured whose birthday falls
| ||||||
10 | later in the year. Birthday, as used herein, refers only to | ||||||
11 | the month and
day in a calendar year, not the year in which | ||||||
12 | the person was born. The
Department of Insurance shall | ||||||
13 | promulgate rules defining the order of
benefit | ||||||
14 | determination pursuant to this paragraph (b).
| ||||||
15 | (12) Every group policy under this Section shall be subject | ||||||
16 | to the
provisions of Sections 356g and 356n of this Code.
| ||||||
17 | (13) No accident and health insurer providing coverage for | ||||||
18 | hospital
or medical expenses on an expense incurred basis shall | ||||||
19 | deny
reimbursement for an otherwise covered expense incurred | ||||||
20 | for any organ
transplantation procedure solely on the basis | ||||||
21 | that such procedure is deemed
experimental or investigational | ||||||
22 | unless supported by the determination of
the Office of Health | ||||||
23 | Care Technology Assessment within the Agency for
Health Care | ||||||
24 | Policy and Research within the federal Department of Health and
| ||||||
25 | Human Services that such procedure is either experimental or | ||||||
26 | investigational or
that there is insufficient data or |
| |||||||
| |||||||
1 | experience to determine whether an organ
transplantation | ||||||
2 | procedure is clinically acceptable. If an accident and
health | ||||||
3 | insurer has made written request, or had one made on its behalf | ||||||
4 | by a
national organization, for determination by the Office of | ||||||
5 | Health Care
Technology Assessment within the Agency for Health | ||||||
6 | Care Policy and Research
within the federal Department of | ||||||
7 | Health and Human Services as to whether a
specific organ | ||||||
8 | transplantation procedure is clinically acceptable and said
| ||||||
9 | organization fails to respond to such a request within a period | ||||||
10 | of 90 days,
the failure to act may be deemed a determination | ||||||
11 | that the procedure is
deemed to be experimental or | ||||||
12 | investigational.
| ||||||
13 | (14) Whenever a claim for benefits by an insured under a | ||||||
14 | dental
prepayment program is denied or reduced, based on the | ||||||
15 | review of x-ray
films, such review must be performed by a | ||||||
16 | dentist.
| ||||||
17 | (Source: P.A. 91-549, eff. 8-14-99.)
| ||||||
18 | Section 980. The Health Maintenance Organization Act is | ||||||
19 | amended by changing Section 4-4 as follows:
| ||||||
20 | (215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
| ||||||
21 | Sec. 4-4.
Sexual assault or abuse victims; coverage of | ||||||
22 | expenses;
recovery of State funds; reimbursement of Department | ||||||
23 | of Public Health.
| ||||||
24 | (1) Contracts or evidences of coverage issued by a health |
| |||||||
| |||||||
1 | maintenance
organization, which provide benefits for health | ||||||
2 | care services, shall to the
full extent of coverage provided | ||||||
3 | for any other emergency or accident care,
provide for the | ||||||
4 | payment of actual expenses incurred, without offset or
| ||||||
5 | reduction for benefit deductibles or co-insurance amounts, in | ||||||
6 | the examination
and testing of a victim of an offense defined | ||||||
7 | in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of | ||||||
8 | the Criminal Code of 1961, as now or hereafter amended, or an | ||||||
9 | attempt to
commit such offense, to establish that sexual | ||||||
10 | contact did occur or did not
occur, and to establish the | ||||||
11 | presence or absence of sexually transmitted disease
or | ||||||
12 | infection, and examination and treatment of injuries and trauma | ||||||
13 | sustained by
a victim of such offense.
| ||||||
14 | (2) For purposes of enabling the recovery of State funds, | ||||||
15 | any health
maintenance organization subject to this Section | ||||||
16 | shall upon reasonable demand
by the Department of Public Health | ||||||
17 | disclose the names and identities of its
enrollees entitled to | ||||||
18 | benefits under this provision to the Department of Public
| ||||||
19 | Health whenever the Department of Public Health has determined | ||||||
20 | that it has
paid, or is about to pay for, health care services | ||||||
21 | for which a health
maintenance organization is liable under | ||||||
22 | this Section. All information
received by the Department of | ||||||
23 | Public Health under this provision shall be held
on a | ||||||
24 | confidential basis and shall not be subject to subpoena and | ||||||
25 | shall not be
made public by the Department of Public Health or | ||||||
26 | used for any
purpose other than that authorized by this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (3) Whenever the Department of Public Health finds that it | ||||||
3 | has paid
for all or part of any health care services for which | ||||||
4 | a health maintenance
organization is obligated to pay under | ||||||
5 | this Section, the Department of Public
Health shall be entitled | ||||||
6 | to receive reimbursement for its payments from
such | ||||||
7 | organization provided that the Department of Public Health has | ||||||
8 | notified
the organization of its claims before the organization | ||||||
9 | has paid such benefits
to its enrollees or in behalf of its | ||||||
10 | enrollees.
| ||||||
11 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
12 | Section 985. The Voluntary Health Services Plans Act is | ||||||
13 | amended by changing Section 15.8 as follows:
| ||||||
14 | (215 ILCS 165/15.8) (from Ch. 32, par. 609.8)
| ||||||
15 | Sec. 15.8. Sexual assault or abuse victims.
| ||||||
16 | (1) Policies, contracts or subscription certificates | ||||||
17 | issued
by a health services plan corporation, which provide | ||||||
18 | benefits for hospital
or medical expenses based upon the actual | ||||||
19 | expenses incurred, shall to the
full extent of coverage | ||||||
20 | provided for any other emergency or accident care,
provide for | ||||||
21 | the payment of actual expenses incurred, without offset or
| ||||||
22 | reduction
for benefit deductibles or co-insurance amounts, in | ||||||
23 | the examination and
testing of a victim of an offense defined | ||||||
24 | in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of |
| |||||||
| |||||||
1 | the Criminal Code of 1961, as now or hereafter amended, or | ||||||
2 | attempt to
commit such offense, to establish
that sexual | ||||||
3 | contact did occur or did not occur, and to establish the | ||||||
4 | presence
or absence of sexually transmitted disease or | ||||||
5 | infection, and
examination and treatment
of injuries and trauma | ||||||
6 | sustained by a victim of such offense.
| ||||||
7 | (2) For purposes of enabling the recovery of State Funds, | ||||||
8 | any health
services
plan corporation subject to this Section | ||||||
9 | shall upon reasonable demand
by the Department of Public Health | ||||||
10 | disclose the names and identities of
its insureds or | ||||||
11 | subscribers entitled to benefits under this provision to
the | ||||||
12 | Department of Public Health whenever the Department of Public | ||||||
13 | Health
has determined that it has paid, or is about to pay, | ||||||
14 | hospital or medical
expenses for which a health care service | ||||||
15 | corporation is liable under this
Section. All information | ||||||
16 | received by the Department of Public Health under
this | ||||||
17 | provision shall be held on a confidential basis and shall not | ||||||
18 | be subject
to subpoena and shall not be made public by the | ||||||
19 | Department of Public Health
or used for any purpose other than | ||||||
20 | that authorized by this Section.
| ||||||
21 | (3) Whenever the Department of Public Health finds that it | ||||||
22 | has paid all
or part of any hospital or medical expenses which | ||||||
23 | a health services plan
corporation is obligated to pay under | ||||||
24 | this Section, the Department of Public
Health shall be entitled | ||||||
25 | to receive reimbursement for its payments from
such corporation | ||||||
26 | provided that the Department of Public Health has notified
the |
| |||||||
| |||||||
1 | corporation of its claims before the corporation has paid such | ||||||
2 | benefits
to its subscribers or in behalf of its subscribers.
| ||||||
3 | (Source: P.A. 89-187, eff. 7-19-95.)
| ||||||
4 | Section 990. The Child Care Act of 1969 is amended by | ||||||
5 | changing Section 4.2 as follows:
| ||||||
6 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||||||
7 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
8 | Department and
no person may be employed by a licensed child | ||||||
9 | care facility who refuses to
authorize an investigation as | ||||||
10 | required by Section 4.1.
| ||||||
11 | (b) In addition to the other provisions of this Section, no | ||||||
12 | applicant
may
receive a license from the Department and no | ||||||
13 | person
may be employed by a child care facility licensed by the | ||||||
14 | Department who has
been declared a sexually dangerous person | ||||||
15 | under "An Act in relation to
sexually dangerous persons, and | ||||||
16 | providing for their commitment, detention
and supervision", | ||||||
17 | approved July 6, 1938, as amended, or convicted of
committing | ||||||
18 | or attempting to commit any of the following offenses | ||||||
19 | stipulated
under the Criminal Code of 1961:
| ||||||
20 | (1) murder;
| ||||||
21 | (1.1) solicitation of murder;
| ||||||
22 | (1.2) solicitation of murder for hire;
| ||||||
23 | (1.3) intentional homicide of an unborn child;
| ||||||
24 | (1.4) voluntary manslaughter of an unborn child;
|
| |||||||
| |||||||
1 | (1.5) involuntary manslaughter;
| ||||||
2 | (1.6) reckless homicide;
| ||||||
3 | (1.7) concealment of a homicidal death;
| ||||||
4 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
5 | (1.9) reckless homicide of an unborn child;
| ||||||
6 | (1.10) drug-induced homicide;
| ||||||
7 | (2) a sex offense under Article 11, except offenses | ||||||
8 | described in
Sections 11-7, 11-8, 11-12, and 11-13 , 11-35, | ||||||
9 | 11-40, and 11-45 ;
| ||||||
10 | (3) kidnapping;
| ||||||
11 | (3.1) aggravated unlawful restraint;
| ||||||
12 | (3.2) forcible detention;
| ||||||
13 | (3.3) harboring a runaway;
| ||||||
14 | (3.4) aiding and abetting child abduction;
| ||||||
15 | (4) aggravated kidnapping;
| ||||||
16 | (5) child abduction;
| ||||||
17 | (6) aggravated battery of a child;
| ||||||
18 | (7) criminal sexual assault;
| ||||||
19 | (8) aggravated criminal sexual assault;
| ||||||
20 | (8.1) predatory criminal sexual assault of a child;
| ||||||
21 | (9) criminal sexual abuse;
| ||||||
22 | (10) aggravated sexual abuse;
| ||||||
23 | (11) heinous battery;
| ||||||
24 | (12) aggravated battery with a firearm;
| ||||||
25 | (13) tampering with food, drugs, or cosmetics;
| ||||||
26 | (14) drug induced infliction of great bodily harm;
|
| |||||||
| |||||||
1 | (15) hate crime;
| ||||||
2 | (16) stalking;
| ||||||
3 | (17) aggravated stalking;
| ||||||
4 | (18) threatening public officials;
| ||||||
5 | (19) home invasion;
| ||||||
6 | (20) vehicular invasion;
| ||||||
7 | (21) criminal transmission of HIV;
| ||||||
8 | (22) criminal abuse or neglect of an elderly or | ||||||
9 | disabled person;
| ||||||
10 | (23) child abandonment;
| ||||||
11 | (24) endangering the life or health of a child;
| ||||||
12 | (25) ritual mutilation;
| ||||||
13 | (26) ritualized abuse of a child;
| ||||||
14 | (27) an offense in any other jurisdiction the elements | ||||||
15 | of
which are similar and
bear a substantial relationship to | ||||||
16 | any of the foregoing offenses.
| ||||||
17 | (b-1) In addition to the other provisions of this Section, | ||||||
18 | beginning
January 1, 2004, no new applicant and, on the date of
| ||||||
19 | licensure renewal, no current licensee may operate or receive a | ||||||
20 | license from
the
Department to operate, no person may be | ||||||
21 | employed by, and no adult person may
reside in a child care | ||||||
22 | facility licensed by the Department who has been
convicted of | ||||||
23 | committing or attempting to commit any of the following | ||||||
24 | offenses
or an offense in any other jurisdiction the elements | ||||||
25 | of which are similar and
bear a substantial relationship to any | ||||||
26 | of the following offenses:
|
| |||||||
| |||||||
1 | (I) BODILY HARM
| ||||||
2 | (1) Felony aggravated assault.
| ||||||
3 | (2) Vehicular endangerment.
| ||||||
4 | (3) Felony domestic battery.
| ||||||
5 | (4) Aggravated battery.
| ||||||
6 | (5) Heinous battery.
| ||||||
7 | (6) Aggravated battery with a firearm.
| ||||||
8 | (7) Aggravated battery of an unborn child.
| ||||||
9 | (8) Aggravated battery of a senior citizen.
| ||||||
10 | (9) Intimidation.
| ||||||
11 | (10) Compelling organization membership of persons.
| ||||||
12 | (11) Abuse and gross neglect of a long term care | ||||||
13 | facility resident.
| ||||||
14 | (12) Felony violation of an order of protection.
| ||||||
15 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
16 | (1) Felony unlawful use of weapons.
| ||||||
17 | (2) Aggravated discharge of a firearm.
| ||||||
18 | (3) Reckless discharge of a firearm.
| ||||||
19 | (4) Unlawful use of metal piercing bullets.
| ||||||
20 | (5) Unlawful sale or delivery of firearms on the | ||||||
21 | premises of any
school.
| ||||||
22 | (6) Disarming a police officer.
|
| |||||||
| |||||||
1 | (7) Obstructing justice.
| ||||||
2 | (8) Concealing or aiding a fugitive.
| ||||||
3 | (9) Armed violence.
| ||||||
4 | (10) Felony contributing to the criminal delinquency | ||||||
5 | of a juvenile.
| ||||||
6 | (III) DRUG OFFENSES
| ||||||
7 | (1) Possession of more than 30 grams of cannabis.
| ||||||
8 | (2) Manufacture of more than 10 grams of cannabis.
| ||||||
9 | (3) Cannabis trafficking.
| ||||||
10 | (4) Delivery of cannabis on school grounds.
| ||||||
11 | (5) Unauthorized production of more than 5 cannabis | ||||||
12 | sativa plants.
| ||||||
13 | (6) Calculated criminal cannabis conspiracy.
| ||||||
14 | (7) Unauthorized manufacture or delivery of controlled | ||||||
15 | substances.
| ||||||
16 | (8) Controlled substance trafficking.
| ||||||
17 | (9) Manufacture, distribution, or advertisement of | ||||||
18 | look-alike
substances.
| ||||||
19 | (10) Calculated criminal drug conspiracy.
| ||||||
20 | (11) Street gang criminal drug conspiracy.
| ||||||
21 | (12) Permitting unlawful use of a building.
| ||||||
22 | (13) Delivery of controlled, counterfeit, or | ||||||
23 | look-alike substances to
persons under age 18, or at truck | ||||||
24 | stops, rest stops, or safety rest areas, or
on school |
| |||||||
| |||||||
1 | property.
| ||||||
2 | (14) Using, engaging, or employing persons under 18 to | ||||||
3 | deliver
controlled, counterfeit, or look-alike substances.
| ||||||
4 | (15) Delivery of controlled substances.
| ||||||
5 | (16) Sale or delivery of drug paraphernalia.
| ||||||
6 | (17) Felony possession, sale, or exchange of | ||||||
7 | instruments adapted
for use of a controlled substance, | ||||||
8 | methamphetamine, or cannabis by subcutaneous injection.
| ||||||
9 | (18) Felony possession of a controlled substance.
| ||||||
10 | (19) Any violation of the Methamphetamine Control and | ||||||
11 | Community Protection Act.
| ||||||
12 | (b-2) For child care facilities other than foster family | ||||||
13 | homes,
the Department may issue a new child care facility | ||||||
14 | license to or renew the
existing child care facility license of | ||||||
15 | an applicant, a person employed by a
child care facility, or an | ||||||
16 | applicant who has an adult residing in a home child
care | ||||||
17 | facility who was convicted of an offense described in | ||||||
18 | subsection (b-1),
provided that all of the following | ||||||
19 | requirements are met:
| ||||||
20 | (1) The relevant criminal offense occurred more than 5 | ||||||
21 | years prior to the
date of application or renewal, except | ||||||
22 | for drug offenses. The relevant drug
offense must have | ||||||
23 | occurred more than 10 years prior to the date of | ||||||
24 | application
or renewal, unless the applicant passed a drug | ||||||
25 | test, arranged and paid for by
the child care facility, no | ||||||
26 | less than 5 years after the offense.
|
| |||||||
| |||||||
1 | (2) The Department must conduct a background check and | ||||||
2 | assess all
convictions and recommendations of the child | ||||||
3 | care facility to determine if
waiver shall apply in | ||||||
4 | accordance with Department administrative rules and
| ||||||
5 | procedures.
| ||||||
6 | (3) The applicant meets all other requirements and | ||||||
7 | qualifications to be
licensed as the pertinent type of | ||||||
8 | child care facility under this Act and the
Department's | ||||||
9 | administrative rules.
| ||||||
10 | (c) In addition to the other provisions of this Section, no
| ||||||
11 | applicant may receive a license from the Department to operate | ||||||
12 | a foster family
home, and no adult person may reside in a | ||||||
13 | foster family home licensed by the
Department, who has been | ||||||
14 | convicted of committing or attempting to commit any of
the | ||||||
15 | following offenses stipulated under the Criminal Code of 1961, | ||||||
16 | the Cannabis
Control Act, the Methamphetamine Control and | ||||||
17 | Community Protection Act, and the Illinois Controlled | ||||||
18 | Substances Act:
| ||||||
19 | (I) OFFENSES DIRECTED AGAINST THE PERSON
| ||||||
20 | (A) KIDNAPPING AND RELATED OFFENSES
| ||||||
21 | (1) Unlawful restraint.
| ||||||
22 | (B) BODILY HARM
| ||||||
23 | (2) Felony aggravated assault.
|
| |||||||
| |||||||
1 | (3) Vehicular endangerment.
| ||||||
2 | (4) Felony domestic battery.
| ||||||
3 | (5) Aggravated battery.
| ||||||
4 | (6) Heinous battery.
| ||||||
5 | (7) Aggravated battery with a firearm.
| ||||||
6 | (8) Aggravated battery of an unborn child.
| ||||||
7 | (9) Aggravated battery of a senior citizen.
| ||||||
8 | (10) Intimidation.
| ||||||
9 | (11) Compelling organization membership of persons.
| ||||||
10 | (12) Abuse and gross neglect of a long term care | ||||||
11 | facility resident.
| ||||||
12 | (13) Felony violation of an order of protection.
| ||||||
13 | (II) OFFENSES DIRECTED AGAINST PROPERTY
| ||||||
14 | (14) Felony theft.
| ||||||
15 | (15) Robbery.
| ||||||
16 | (16) Armed robbery.
| ||||||
17 | (17) Aggravated robbery.
| ||||||
18 | (18) Vehicular hijacking.
| ||||||
19 | (19) Aggravated vehicular hijacking.
| ||||||
20 | (20) Burglary.
| ||||||
21 | (21) Possession of burglary tools.
| ||||||
22 | (22) Residential burglary.
| ||||||
23 | (23) Criminal fortification of a residence or | ||||||
24 | building.
|
| |||||||
| |||||||
1 | (24) Arson.
| ||||||
2 | (25) Aggravated arson.
| ||||||
3 | (26) Possession of explosive or explosive incendiary | ||||||
4 | devices.
| ||||||
5 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
6 | (27) Felony unlawful use of weapons.
| ||||||
7 | (28) Aggravated discharge of a firearm.
| ||||||
8 | (29) Reckless discharge of a firearm.
| ||||||
9 | (30) Unlawful use of metal piercing bullets.
| ||||||
10 | (31) Unlawful sale or delivery of firearms on the | ||||||
11 | premises of any school.
| ||||||
12 | (32) Disarming a police officer.
| ||||||
13 | (33) Obstructing justice.
| ||||||
14 | (34) Concealing or aiding a fugitive.
| ||||||
15 | (35) Armed violence.
| ||||||
16 | (36) Felony contributing to the criminal delinquency | ||||||
17 | of a juvenile.
| ||||||
18 | (IV) DRUG OFFENSES
| ||||||
19 | (37) Possession of more than 30 grams of cannabis.
| ||||||
20 | (38) Manufacture of more than 10 grams of cannabis.
| ||||||
21 | (39) Cannabis trafficking.
| ||||||
22 | (40) Delivery of cannabis on school grounds.
|
| |||||||
| |||||||
1 | (41) Unauthorized production of more than 5 cannabis | ||||||
2 | sativa plants.
| ||||||
3 | (42) Calculated criminal cannabis conspiracy.
| ||||||
4 | (43) Unauthorized manufacture or delivery of | ||||||
5 | controlled substances.
| ||||||
6 | (44) Controlled substance trafficking.
| ||||||
7 | (45) Manufacture, distribution, or advertisement of | ||||||
8 | look-alike substances.
| ||||||
9 | (46) Calculated criminal drug conspiracy.
| ||||||
10 | (46.5) Streetgang criminal drug conspiracy.
| ||||||
11 | (47) Permitting unlawful use of a building.
| ||||||
12 | (48) Delivery of controlled, counterfeit, or | ||||||
13 | look-alike substances to
persons under age 18, or at truck | ||||||
14 | stops, rest stops, or safety rest areas, or
on school | ||||||
15 | property.
| ||||||
16 | (49) Using, engaging, or employing persons under 18 to | ||||||
17 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
18 | (50) Delivery of controlled substances.
| ||||||
19 | (51) Sale or delivery of drug paraphernalia.
| ||||||
20 | (52) Felony possession, sale, or exchange of | ||||||
21 | instruments adapted for use
of a controlled substance, | ||||||
22 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
23 | (53) Any violation of the Methamphetamine Control and | ||||||
24 | Community Protection Act.
| ||||||
25 | (d) Notwithstanding subsection (c), the Department may | ||||||
26 | issue a new foster
family home license or may renew an existing
|
| |||||||
| |||||||
1 | foster family home license of an applicant who was convicted of | ||||||
2 | an offense
described in subsection (c), provided all of the | ||||||
3 | following requirements are
met:
| ||||||
4 | (1) The relevant criminal offense or offenses occurred | ||||||
5 | more than 10 years
prior to the date of application or | ||||||
6 | renewal.
| ||||||
7 | (2) The applicant had previously disclosed the | ||||||
8 | conviction or convictions
to the Department for purposes of | ||||||
9 | a background check.
| ||||||
10 | (3) After the disclosure, the Department either placed | ||||||
11 | a child in the home
or the foster family home license was | ||||||
12 | issued.
| ||||||
13 | (4) During the background check, the Department had | ||||||
14 | assessed and
waived the conviction in compliance with the | ||||||
15 | existing statutes and rules in
effect at the time of the | ||||||
16 | waiver.
| ||||||
17 | (5) The applicant meets all other requirements and | ||||||
18 | qualifications to be
licensed as a foster family home under | ||||||
19 | this Act and the Department's
administrative
rules.
| ||||||
20 | (6) The applicant has a history of providing a safe, | ||||||
21 | stable home
environment and appears able to continue to | ||||||
22 | provide a safe, stable home
environment.
| ||||||
23 | (Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
| ||||||
24 | Section 995. The Health Care Worker Background Check Act is | ||||||
25 | amended by changing Section 25 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 46/25)
| ||||||
2 | Sec. 25. Persons ineligible to be hired by health care | ||||||
3 | employers and long-term care facilities.
| ||||||
4 | (a) In the discretion of the Director of Public Health, as | ||||||
5 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||
6 | or October 1, 2007, as applicable, and as is reasonably | ||||||
7 | practical, no
health care employer shall knowingly hire, | ||||||
8 | employ, or retain any
individual in a position with duties | ||||||
9 | involving direct care for clients,
patients, or residents, and | ||||||
10 | no long-term care facility shall knowingly hire, employ, or | ||||||
11 | retain any individual in a position with duties that involve or | ||||||
12 | may involve
contact with residents or access to the living | ||||||
13 | quarters or the financial, medical, or personal records of | ||||||
14 | residents, who has been convicted of committing or attempting | ||||||
15 | to
commit one or more of the following offenses: those defined | ||||||
16 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||
17 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||
18 | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||||||
19 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
20 | 12-2, 12-3, 12-3.1,
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
21 | 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 12-14, | ||||||
22 | 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, | ||||||
23 | 16-1, 16-1.3,
16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, | ||||||
24 | 19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 , or | ||||||
25 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of |
| |||||||
| |||||||
1 | 1961; those provided in
Section 4 of the Wrongs to Children | ||||||
2 | Act; those provided in Section 53 of the
Criminal Jurisprudence | ||||||
3 | Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of
the | ||||||
4 | Cannabis Control Act; those defined in the Methamphetamine | ||||||
5 | Control and Community Protection Act; or those defined in | ||||||
6 | Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the | ||||||
7 | Illinois Controlled Substances Act, unless the
applicant or | ||||||
8 | employee obtains a waiver pursuant to Section 40.
| ||||||
9 | (a-1) In the discretion of the Director of Public Health, | ||||||
10 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
11 | applicable, and as is reasonably practical, no health care | ||||||
12 | employer shall knowingly hire
any individual in a position with | ||||||
13 | duties involving direct care for clients,
patients, or | ||||||
14 | residents, and no long-term care facility shall knowingly hire | ||||||
15 | any individual in a position with duties that involve or may | ||||||
16 | involve
contact with residents or access to the living quarters | ||||||
17 | or the financial, medical, or personal records of residents, | ||||||
18 | who has (i) been convicted of committing or attempting
to | ||||||
19 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
20 | 12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, | ||||||
21 | 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of | ||||||
22 | 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | ||||||
23 | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | ||||||
24 | 1961 or Section 5.1 of the Wrongs to Children Act;
or (ii) | ||||||
25 | violated Section 50-50 of the Nurse Practice Act, unless the | ||||||
26 | applicant or employee obtains a waiver pursuant to Section 40 |
| |||||||
| |||||||
1 | of this Act.
| ||||||
2 | A health care employer is not required to retain an | ||||||
3 | individual in a position
with duties involving direct care for | ||||||
4 | clients, patients, or residents, and no long-term care facility | ||||||
5 | is required to retain an individual in a position with duties | ||||||
6 | that involve or may involve
contact with residents or access to | ||||||
7 | the living quarters or the financial, medical, or personal | ||||||
8 | records of residents, who has
been convicted of committing or | ||||||
9 | attempting to commit one or more of
the offenses enumerated in | ||||||
10 | this subsection.
| ||||||
11 | (b) A health care employer shall not hire, employ, or | ||||||
12 | retain any
individual in a position with duties involving | ||||||
13 | direct care of clients,
patients, or residents, and no | ||||||
14 | long-term care facility shall knowingly hire, employ, or retain | ||||||
15 | any individual in a position with duties that involve or may | ||||||
16 | involve
contact with residents or access to the living quarters | ||||||
17 | or the financial, medical, or personal records of residents, if | ||||||
18 | the health care employer becomes aware that the
individual has | ||||||
19 | been convicted in another state of committing or attempting to
| ||||||
20 | commit an offense that has the same or similar elements as an | ||||||
21 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
22 | records, records from a state
agency, or an FBI criminal | ||||||
23 | history record check, unless the applicant or employee obtains | ||||||
24 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
25 | construed to
mean that a health care employer has an obligation | ||||||
26 | to conduct a criminal
history records check in other states in |
| |||||||
| |||||||
1 | which an employee has resided.
| ||||||
2 | (Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07; | ||||||
3 | 95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
| ||||||
4 | Section 1000. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-2 as follows:
| ||||||
6 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
7 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
8 | prohibited.
| ||||||
9 | (a) Except as otherwise provided in subsection (b) of this | ||||||
10 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
11 | no license
of any kind issued by the State Commission or any | ||||||
12 | local
commission shall be issued to:
| ||||||
13 | (1) A person who is not a resident of any city, village | ||||||
14 | or county in
which the premises covered by the license are | ||||||
15 | located; except in case of
railroad or boat licenses.
| ||||||
16 | (2) A person who is not of good character and | ||||||
17 | reputation in the
community in which he resides.
| ||||||
18 | (3) A person who is not a citizen of the United States.
| ||||||
19 | (4) A person who has been convicted of a felony under | ||||||
20 | any Federal or
State law, unless the Commission determines | ||||||
21 | that such
person has been sufficiently rehabilitated to | ||||||
22 | warrant the public trust
after considering matters set | ||||||
23 | forth in such person's application and the
Commission's | ||||||
24 | investigation. The burden of proof of sufficient
|
| |||||||
| |||||||
1 | rehabilitation shall be on the applicant.
| ||||||
2 | (5) A person who has been convicted of keeping a place | ||||||
3 | of prostitution or keeping a place of juvenile | ||||||
4 | prostitution, promoting prostitution that involves keeping | ||||||
5 | a place of prostitution, or promoting juvenile | ||||||
6 | prostitution that involves keeping a place of juvenile | ||||||
7 | prostitution being the keeper or is keeping a
house of ill | ||||||
8 | fame .
| ||||||
9 | (6) A person who has been convicted of pandering or | ||||||
10 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
11 | (7) A person whose license issued under this Act has | ||||||
12 | been revoked for
cause.
| ||||||
13 | (8) A person who at the time of application for renewal | ||||||
14 | of any license
issued hereunder would not be eligible for | ||||||
15 | such license upon a first
application.
| ||||||
16 | (9) A copartnership, if any general partnership | ||||||
17 | thereof, or any
limited partnership thereof, owning more | ||||||
18 | than 5% of the aggregate limited
partner interest in such | ||||||
19 | copartnership would not be eligible to receive a
license | ||||||
20 | hereunder for any reason other than residence within the | ||||||
21 | political
subdivision, unless residency is required by | ||||||
22 | local ordinance.
| ||||||
23 | (10) A corporation or limited liability company, if any | ||||||
24 | member, officer, manager or director thereof, or
any | ||||||
25 | stockholder or stockholders owning in the aggregate more | ||||||
26 | than 5% of the
stock of such corporation, would not be |
| |||||||
| |||||||
1 | eligible to receive a license
hereunder for any reason | ||||||
2 | other than citizenship and residence within the
political | ||||||
3 | subdivision.
| ||||||
4 | (10a) A corporation or limited liability company | ||||||
5 | unless it is incorporated or organized in Illinois, or | ||||||
6 | unless it
is a foreign corporation or foreign limited | ||||||
7 | liability company which is qualified under the Business
| ||||||
8 | Corporation Act of 1983 or the Limited Liability Company | ||||||
9 | Act to transact business in Illinois. The Commission shall | ||||||
10 | permit and accept from an applicant for a license under | ||||||
11 | this Act proof prepared from the Secretary of State's | ||||||
12 | website that the corporation or limited liability company | ||||||
13 | is in good standing and is qualified under the Business
| ||||||
14 | Corporation Act of 1983 or the Limited Liability Company | ||||||
15 | Act to transact business in Illinois.
| ||||||
16 | (11) A person whose place of business is conducted by a | ||||||
17 | manager or agent
unless the manager or agent possesses the | ||||||
18 | same qualifications required by
the licensee.
| ||||||
19 | (12) A person who has been convicted of a violation of | ||||||
20 | any Federal or
State law concerning the manufacture, | ||||||
21 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
22 | passage of this Act or has forfeited his bond to
appear in | ||||||
23 | court to answer charges for any such violation.
| ||||||
24 | (13) A person who does not beneficially own the | ||||||
25 | premises for which a
license is sought, or does not have a | ||||||
26 | lease thereon for the full period for
which the license is |
| |||||||
| |||||||
1 | to be issued.
| ||||||
2 | (14) Any law enforcing public official, including | ||||||
3 | members
of local liquor control commissions,
any mayor, | ||||||
4 | alderman, or member of the
city council or commission, any | ||||||
5 | president of the village board of trustees,
any member of a | ||||||
6 | village board of trustees, or any president or member of a
| ||||||
7 | county board; and no such official shall have a direct | ||||||
8 | interest in the
manufacture, sale, or distribution of | ||||||
9 | alcoholic liquor, except that a
license
may be granted to | ||||||
10 | such official in relation to premises that are
not
located | ||||||
11 | within the territory subject to the jurisdiction of that | ||||||
12 | official
if the issuance of such license is approved by the | ||||||
13 | State Liquor Control
Commission
and except that a license | ||||||
14 | may be granted, in a city or village with a
population of | ||||||
15 | 50,000 or less, to any alderman, member of a city council, | ||||||
16 | or
member of a village board of trustees in relation to | ||||||
17 | premises that are located
within the territory
subject to | ||||||
18 | the jurisdiction of that official if (i) the sale of | ||||||
19 | alcoholic
liquor pursuant to the license is incidental to | ||||||
20 | the selling of food, (ii) the
issuance of the license is | ||||||
21 | approved by the State Commission, (iii) the
issuance of the | ||||||
22 | license is in accordance with all applicable local | ||||||
23 | ordinances
in effect where the premises are located, and | ||||||
24 | (iv) the official granted a
license does not vote on | ||||||
25 | alcoholic liquor issues pending before the board or
council | ||||||
26 | to which the license holder is elected. Notwithstanding any |
| |||||||
| |||||||
1 | provision of this paragraph (14) to the contrary, an | ||||||
2 | alderman or member of a city council or commission, a | ||||||
3 | member of a village board of trustees other than the | ||||||
4 | president of the village board of trustees, or a member of | ||||||
5 | a county board other than the president of a county board | ||||||
6 | may have a direct interest in the manufacture, sale, or | ||||||
7 | distribution of alcoholic liquor as long as he or she is | ||||||
8 | not a law enforcing public official, a mayor, a village | ||||||
9 | board president, or president of a county board. To prevent | ||||||
10 | any conflict of interest, the elected official with the | ||||||
11 | direct interest in the manufacture, sale, or distribution | ||||||
12 | of alcoholic liquor cannot participate in any meetings, | ||||||
13 | hearings, or decisions on matters impacting the | ||||||
14 | manufacture, sale, or distribution of alcoholic liquor.
| ||||||
15 | (15) A person who is not a beneficial owner of the | ||||||
16 | business to be
operated by the licensee.
| ||||||
17 | (16) A person who has been convicted of a gambling | ||||||
18 | offense as
proscribed by any of subsections (a) (3) through | ||||||
19 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
20 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
21 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
22 | statutory provisions.
| ||||||
23 | (17) A person or entity to whom a federal wagering | ||||||
24 | stamp has been
issued by the
federal government, unless the | ||||||
25 | person or entity is eligible to be issued a
license under | ||||||
26 | the Raffles Act or the Illinois Pull Tabs and Jar Games |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (18) A person who intends to sell alcoholic liquors for | ||||||
3 | use or
consumption on his or her licensed retail premises | ||||||
4 | who does not have liquor
liability insurance coverage for | ||||||
5 | that premises in an amount that is at least
equal to the | ||||||
6 | maximum liability amounts set out in subsection (a) of | ||||||
7 | Section
6-21.
| ||||||
8 | (b) A criminal conviction of a corporation is not grounds | ||||||
9 | for the
denial, suspension, or revocation of a license applied | ||||||
10 | for or held by the
corporation if the criminal conviction was | ||||||
11 | not the result of a violation of any
federal or State law | ||||||
12 | concerning the manufacture, possession or sale of
alcoholic | ||||||
13 | liquor, the offense that led to the conviction did not result | ||||||
14 | in any
financial gain to the corporation and the corporation | ||||||
15 | has terminated its
relationship with each director, officer, | ||||||
16 | employee, or controlling shareholder
whose actions directly | ||||||
17 | contributed to the conviction of the corporation. The
| ||||||
18 | Commission shall determine if all provisions of this subsection | ||||||
19 | (b) have been
met before any action on the corporation's | ||||||
20 | license is initiated.
| ||||||
21 | (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, | ||||||
22 | eff. 7-29-05; 95-331, eff. 8-21-07.)
| ||||||
23 | Section 1005. The Illinois Public Aid Code is amended by | ||||||
24 | changing Section 4-1.7 as follows:
|
| |||||||
| |||||||
1 | (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
| ||||||
2 | Sec. 4-1.7. Enforcement of Parental Child Support | ||||||
3 | Obligation.
If the parent or parents of the child are failing | ||||||
4 | to meet or are delinquent
in their legal obligation to support | ||||||
5 | the child, the parent or other person
having custody of the | ||||||
6 | child or the Department of Healthcare and Family Services may
| ||||||
7 | request the law enforcement officer authorized or directed by | ||||||
8 | law to so act
to file action for the enforcement of such | ||||||
9 | remedies as the law provides for
the fulfillment of the child | ||||||
10 | support obligation.
| ||||||
11 | If a parent has a judicial remedy against the other parent | ||||||
12 | to compel child
support, or if, as the result of an action | ||||||
13 | initiated by or in behalf of one
parent against the other, a | ||||||
14 | child support order has been entered in respect to
which there | ||||||
15 | is noncompliance or delinquency, or where the order so entered | ||||||
16 | may
be changed upon petition to the court to provide additional | ||||||
17 | support, the parent
or other person having custody of the child | ||||||
18 | or the Department of Healthcare and Family Services may request | ||||||
19 | the appropriate law enforcement officer to seek
enforcement of | ||||||
20 | the remedy, or of the support order, or a change therein to
| ||||||
21 | provide additional support. If the law enforcement officer is | ||||||
22 | not authorized
by law to so act in these instances, the parent, | ||||||
23 | or if so authorized by law the
other person having custody of | ||||||
24 | the child, or the Department of Healthcare and Family Services | ||||||
25 | may initiate an action to enforce these remedies.
| ||||||
26 | A parent or other person having custody of the child must
|
| |||||||
| |||||||
1 | comply with the requirements of Title IV of the federal Social
| ||||||
2 | Security Act, and the regulations duly promulgated thereunder,
| ||||||
3 | and any rules promulgated by the Illinois Department regarding | ||||||
4 | enforcement
of the child support obligation. The
Department of | ||||||
5 | Healthcare and Family Services
and the Department of Human | ||||||
6 | Services may provide by rule for the
grant or continuation of | ||||||
7 | aid to the person for a temporary period if he
or she accepts | ||||||
8 | counseling or other services designed to increase his
or her | ||||||
9 | motivation to seek enforcement of the child support obligation.
| ||||||
10 | In addition to any other definition of failure or refusal | ||||||
11 | to comply
with the requirements of Title IV of the federal | ||||||
12 | Social Security Act, or
Illinois Department rule, in
the case | ||||||
13 | of failure to attend court hearings, the parent or other person
| ||||||
14 | can show cooperation by attending a court hearing or, if a | ||||||
15 | court hearing
cannot be scheduled within 14 days following the | ||||||
16 | court hearing that was
missed, by signing a statement that the | ||||||
17 | parent or other person is now
willing to cooperate in the child | ||||||
18 | support enforcement process and will
appear at any later | ||||||
19 | scheduled court date. The parent or other person can
show | ||||||
20 | cooperation by signing such a statement only once. If failure | ||||||
21 | to
attend the court hearing or other failure to cooperate | ||||||
22 | results in the case
being dismissed, such a statement may be | ||||||
23 | signed after 2 months.
| ||||||
24 | No denial or termination of medical assistance pursuant to | ||||||
25 | this Section
shall commence during pregnancy of the parent or | ||||||
26 | other person having custody
of the child or for 30 days after |
| |||||||
| |||||||
1 | the termination of such pregnancy. The
termination of medical | ||||||
2 | assistance may commence thereafter if the
Department of | ||||||
3 | Healthcare and Family Services determines that the failure or | ||||||
4 | refusal to comply
with this Section persists. Postponement of | ||||||
5 | denial or termination of medical
assistance during pregnancy | ||||||
6 | under this paragraph shall be effective only to
the extent it | ||||||
7 | does not conflict with federal law or regulation.
| ||||||
8 | Any evidence a parent or other person having custody of the | ||||||
9 | child
gives in order to comply with the requirements of this | ||||||
10 | Section shall not
render him or her liable to prosecution under | ||||||
11 | Section 11-35 or 11-40 Sections 11-7 or 11-8 of the
"Criminal | ||||||
12 | Code of 1961", approved July 28, 1961, as amended.
| ||||||
13 | When so requested, the Department of Healthcare and Family | ||||||
14 | Services and the Department
of Human Services shall provide | ||||||
15 | such services and assistance as the law
enforcement officer may | ||||||
16 | require in connection with the filing of any action
hereunder.
| ||||||
17 | The Department of Healthcare and Family Services and the | ||||||
18 | Department of Human Services, as an expense of administration, | ||||||
19 | may also provide applicants for and
recipients of aid with such | ||||||
20 | services and assistance, including assumption
of the | ||||||
21 | reasonable costs of prosecuting any action or proceeding, as | ||||||
22 | may be
necessary to enable them to enforce the child support | ||||||
23 | liability required
hereunder.
| ||||||
24 | Nothing in this Section shall be construed as a requirement | ||||||
25 | that an
applicant or recipient file an action for dissolution | ||||||
26 | of marriage
against his or her spouse.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
2 | Section 1008. The Abused and Neglected Child Reporting Act | ||||||
3 | is amended by changing Section 4.5 as follows: | ||||||
4 | (325 ILCS 5/4.5) | ||||||
5 | Sec. 4.5. Electronic and information technology workers; | ||||||
6 | reporting child pornography. | ||||||
7 | (a) In this Section: | ||||||
8 | "Child pornography" means child pornography as described | ||||||
9 | in Section 11-20.1 of the Criminal Code of 1961 or aggravated | ||||||
10 | child pornography as described in Section 11-20.1B 11-20.3 of | ||||||
11 | the Criminal Code of 1961. | ||||||
12 | "Electronic and information technology equipment" means | ||||||
13 | equipment used in the creation, manipulation, storage, | ||||||
14 | display, or transmission of data, including internet and | ||||||
15 | intranet systems, software applications, operating systems, | ||||||
16 | video and multimedia, telecommunications products, kiosks, | ||||||
17 | information transaction machines, copiers, printers, and | ||||||
18 | desktop and portable computers. | ||||||
19 | "Electronic and information technology equipment worker" | ||||||
20 | means a person who in the scope and course of his or her | ||||||
21 | employment or business installs, repairs, or otherwise | ||||||
22 | services electronic and information technology equipment for a | ||||||
23 | fee but does not include (i) an employee, independent | ||||||
24 | contractor, or other agent of a telecommunications carrier or |
| |||||||
| |||||||
1 | telephone or telecommunications cooperative, as those terms | ||||||
2 | are defined in the Public Utilities Act, or (ii) an employee, | ||||||
3 | independent contractor, or other agent of a provider of | ||||||
4 | commercial mobile radio service, as defined in 47 C.F.R. 20.3. | ||||||
5 | (b) If an electronic and information technology equipment | ||||||
6 | worker discovers any depiction of child pornography while | ||||||
7 | installing, repairing, or otherwise servicing an item of | ||||||
8 | electronic and information technology equipment, that worker | ||||||
9 | or the worker's employer shall immediately report the discovery | ||||||
10 | to the local law enforcement agency or to the Cyber Tipline at | ||||||
11 | the National Center for Missing & Exploited Children. | ||||||
12 | (c) If a report is filed in accordance with the | ||||||
13 | requirements of 42 U.S.C. 13032, the requirements of this | ||||||
14 | Section 4.5 will be deemed to have been met. | ||||||
15 | (d) An electronic and information technology equipment | ||||||
16 | worker or electronic and information technology equipment | ||||||
17 | worker's employer who reports a discovery of child pornography | ||||||
18 | as required under this Section is immune from any criminal, | ||||||
19 | civil, or administrative liability in connection with making | ||||||
20 | the report, except for willful or wanton misconduct. | ||||||
21 | (e) Failure to report a discovery of child pornography as | ||||||
22 | required under this Section is a business offense subject to a | ||||||
23 | fine of $1,001.
| ||||||
24 | (Source: P.A. 95-944, eff. 8-29-08.) | ||||||
25 | Section 1010. The Intergovernmental Missing Child Recovery |
| |||||||
| |||||||
1 | Act of 1984 is amended by changing Section 2 as follows:
| ||||||
2 | (325 ILCS 40/2) (from Ch. 23, par. 2252)
| ||||||
3 | Sec. 2. As used in this Act: (a) "Department" means the | ||||||
4 | Department of State Police.
| ||||||
5 | (b) "Director" means the Director of the Department of | ||||||
6 | State Police.
| ||||||
7 | (c) "Unit of Local Government" is defined as in Article | ||||||
8 | VII, Section 1
of the Illinois Constitution and includes both | ||||||
9 | home rule units and units
which are not home rule units. The | ||||||
10 | term is also defined to include all
public school districts | ||||||
11 | subject to the provisions of The School Code.
| ||||||
12 | (d) "Child" means a person under 21 years of age.
| ||||||
13 | (e) A "LEADS terminal" is an interactive computerized | ||||||
14 | communication and
processing unit which permits a direct | ||||||
15 | on-line communication with the
Department of State Police's | ||||||
16 | central data repository, the Law Enforcement
Agencies Data | ||||||
17 | System (LEADS).
| ||||||
18 | (f) A "Primary contact agency" means a law enforcement | ||||||
19 | agency which
maintains a LEADS terminal, or has immediate | ||||||
20 | access to one on a
24-hour-per-day, 7-day-per-week basis by | ||||||
21 | written agreement with another law
enforcement agency, and is | ||||||
22 | designated by the I SEARCH policy board to be
the agency | ||||||
23 | responsible for coordinating the joint efforts between the
| ||||||
24 | Department of State Police and the I SEARCH program | ||||||
25 | participants.
|
| |||||||
| |||||||
1 | (g) "Illinois State Enforcement Agencies to Recover | ||||||
2 | Children Unit" or "I
SEARCH Unit" means a combination of units | ||||||
3 | of local government within a
contiguous geographical area | ||||||
4 | served by one or more LEADS terminals and
established to | ||||||
5 | collectively address the missing and exploited children
| ||||||
6 | problem in their respective geographical areas.
| ||||||
7 | (h) "Missing child" means any person under 21 years of age | ||||||
8 | whose whereabouts
are unknown to his or her parents or legal | ||||||
9 | guardian.
| ||||||
10 | (i) "Exploitation" means activities and actions which | ||||||
11 | include, but are
not limited to, child pornography, aggravated | ||||||
12 | child pornography, child prostitution, child sexual abuse,
| ||||||
13 | drug and substance abuse by children, and child suicide.
| ||||||
14 | (j) "Participating agency" means a law enforcement agency | ||||||
15 | that does
not receive State funding, but signs an agreement of | ||||||
16 | intergovernmental
cooperation with the Department to perform | ||||||
17 | the duties of an I SEARCH Unit.
| ||||||
18 | (Source: P.A. 85-1209.)
| ||||||
19 | Section 1015. The Sexual Assault Survivors Emergency | ||||||
20 | Treatment Act is amended by changing Section 1a as follows:
| ||||||
21 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||||||
22 | Sec. 1a. Definitions. In this Act:
| ||||||
23 | "Ambulance provider" means an individual or entity that | ||||||
24 | owns and operates a business or service using ambulances or |
| |||||||
| |||||||
1 | emergency medical services vehicles to transport emergency | ||||||
2 | patients.
| ||||||
3 | "Areawide sexual assault treatment plan" means a plan, | ||||||
4 | developed by the hospitals in the community or area to be | ||||||
5 | served, which provides for hospital emergency services to | ||||||
6 | sexual assault survivors that shall be made available by each | ||||||
7 | of the participating hospitals.
| ||||||
8 | "Department" means the Department of Public Health.
| ||||||
9 | "Emergency contraception" means medication as approved by | ||||||
10 | the federal Food and Drug Administration (FDA) that can | ||||||
11 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
12 | hours after sexual assault.
| ||||||
13 | "Follow-up healthcare" means healthcare services related | ||||||
14 | to a sexual assault, including laboratory services and pharmacy | ||||||
15 | services, rendered within 90 days of the initial visit for | ||||||
16 | hospital emergency services.
| ||||||
17 | "Forensic services" means the collection of evidence | ||||||
18 | pursuant to a statewide sexual assault evidence collection | ||||||
19 | program administered by the Department of State Police, using | ||||||
20 | the Illinois State Police Sexual Assault Evidence Collection | ||||||
21 | Kit.
| ||||||
22 | "Health care professional" means a physician, a physician | ||||||
23 | assistant, or an advanced practice nurse.
| ||||||
24 | "Hospital" has the meaning given to that term in the | ||||||
25 | Hospital Licensing Act.
| ||||||
26 | "Hospital emergency services" means healthcare delivered |
| |||||||
| |||||||
1 | to outpatients within or under the care and supervision of | ||||||
2 | personnel working in a designated emergency department of a | ||||||
3 | hospital, including, but not limited to, care ordered by such | ||||||
4 | personnel for a sexual assault survivor in the emergency | ||||||
5 | department.
| ||||||
6 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
7 | Kit" means a prepackaged set of materials and forms to be used | ||||||
8 | for the collection of evidence relating to sexual assault. The | ||||||
9 | standardized evidence collection kit for the State of Illinois | ||||||
10 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
11 | Collection Kit.
| ||||||
12 | "Nurse" means a nurse licensed under the Nurse
Practice | ||||||
13 | Act.
| ||||||
14 | "Physician" means a person licensed to practice medicine in | ||||||
15 | all its branches.
| ||||||
16 | "Sexual assault" means an act of nonconsensual sexual | ||||||
17 | conduct or sexual penetration, as defined in Section 11-0.1 | ||||||
18 | 12-12 of the Criminal Code of 1961, including, without | ||||||
19 | limitation, acts prohibited under Sections 11-1.20 through | ||||||
20 | 11-1.60 12-13 through 12-16 of the Criminal Code of 1961.
| ||||||
21 | "Sexual assault survivor" means a person who presents for | ||||||
22 | hospital emergency services in relation to injuries or trauma | ||||||
23 | resulting from a sexual assault.
| ||||||
24 | "Sexual assault transfer plan" means a written plan | ||||||
25 | developed by a hospital and approved by the Department, which | ||||||
26 | describes the hospital's procedures for transferring sexual |
| |||||||
| |||||||
1 | assault survivors to another hospital in order to receive | ||||||
2 | emergency treatment.
| ||||||
3 | "Sexual assault treatment plan" means a written plan | ||||||
4 | developed by a hospital that describes the hospital's | ||||||
5 | procedures and protocols for providing hospital emergency | ||||||
6 | services and forensic services to sexual assault survivors who | ||||||
7 | present themselves for such services, either directly or | ||||||
8 | through transfer from another hospital.
| ||||||
9 | "Transfer services" means the appropriate medical | ||||||
10 | screening examination and necessary stabilizing treatment | ||||||
11 | prior to the transfer of a sexual assault survivor to a | ||||||
12 | hospital that provides hospital emergency services and | ||||||
13 | forensic services to sexual assault survivors pursuant to a | ||||||
14 | sexual assault treatment plan or areawide sexual assault | ||||||
15 | treatment plan.
| ||||||
16 | (Source: P.A. 95-432, eff. 1-1-08; 96-328, eff. 8-11-09.)
| ||||||
17 | Section 1020. The Consent by Minors to Medical Procedures | ||||||
18 | Act is amended by changing Section 3 as follows:
| ||||||
19 | (410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||||||
20 | Sec. 3. (a) Where a hospital, a physician licensed to | ||||||
21 | practice medicine
or surgery, an advanced practice nurse who | ||||||
22 | has a written collaborative agreement with a collaborating | ||||||
23 | physician that authorizes provision of services for minors, or | ||||||
24 | a physician assistant who has been delegated authority to |
| |||||||
| |||||||
1 | provide services for minors renders emergency treatment or | ||||||
2 | first aid or a licensed dentist
renders emergency dental | ||||||
3 | treatment to a minor, consent of the minor's parent
or legal | ||||||
4 | guardian need not be obtained if, in the sole opinion of the
| ||||||
5 | physician,
advanced practice nurse, physician assistant,
| ||||||
6 | dentist, or hospital, the obtaining of consent is not | ||||||
7 | reasonably feasible
under the circumstances without adversely | ||||||
8 | affecting the condition of such
minor's health.
| ||||||
9 | (b) Where a minor is the victim of a predatory criminal | ||||||
10 | sexual assault of
a child, aggravated criminal sexual assault, | ||||||
11 | criminal sexual assault,
aggravated criminal sexual abuse or | ||||||
12 | criminal sexual abuse, as provided in
Sections 11-1.20 through | ||||||
13 | 11-1.60 12-13 through 12-16 of the Criminal Code of 1961, as | ||||||
14 | now or hereafter
amended, the consent
of the minor's parent or | ||||||
15 | legal guardian need not be obtained to authorize
a hospital, | ||||||
16 | physician, advanced practice nurse, physician assistant, or | ||||||
17 | other medical personnel to furnish medical care
or counseling | ||||||
18 | related to the diagnosis or treatment of any disease or injury
| ||||||
19 | arising from such offense. The minor may consent to such | ||||||
20 | counseling, diagnosis
or treatment as if the minor had reached | ||||||
21 | his or her age of majority. Such
consent shall not be voidable, | ||||||
22 | nor subject to later disaffirmance, because
of minority.
| ||||||
23 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
24 | Section 1025. The Illinois Vehicle Code is amended by | ||||||
25 | changing Sections 6-106.1, 6-206, and 6-508 as follows: |
| |||||||
| |||||||
1 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||||
2 | Sec. 6-106.1. School bus driver permit.
| ||||||
3 | (a) The Secretary of State shall issue a school bus driver
| ||||||
4 | permit to those applicants who have met all the requirements of | ||||||
5 | the
application and screening process under this Section to | ||||||
6 | insure the
welfare and safety of children who are transported | ||||||
7 | on school buses
throughout the State of Illinois. Applicants | ||||||
8 | shall obtain the
proper application required by the Secretary | ||||||
9 | of State from their
prospective or current employer and submit | ||||||
10 | the completed
application to the prospective or current | ||||||
11 | employer along
with the necessary fingerprint submission as | ||||||
12 | required by the
Department of
State Police to conduct | ||||||
13 | fingerprint based criminal background
checks on current and | ||||||
14 | future information available in the state
system and current | ||||||
15 | information available through the Federal Bureau
of | ||||||
16 | Investigation's system. Applicants who have completed the
| ||||||
17 | fingerprinting requirements shall not be subjected to the
| ||||||
18 | fingerprinting process when applying for subsequent permits or
| ||||||
19 | submitting proof of successful completion of the annual | ||||||
20 | refresher
course. Individuals who on the effective date of this | ||||||
21 | Act possess a valid
school bus driver permit that has been | ||||||
22 | previously issued by the appropriate
Regional School | ||||||
23 | Superintendent are not subject to the fingerprinting
| ||||||
24 | provisions of this Section as long as the permit remains valid | ||||||
25 | and does not
lapse. The applicant shall be required to pay all |
| |||||||
| |||||||
1 | related
application and fingerprinting fees as established by | ||||||
2 | rule
including, but not limited to, the amounts established by | ||||||
3 | the Department of
State Police and the Federal Bureau of | ||||||
4 | Investigation to process
fingerprint based criminal background | ||||||
5 | investigations. All fees paid for
fingerprint processing | ||||||
6 | services under this Section shall be deposited into the
State | ||||||
7 | Police Services Fund for the cost incurred in processing the | ||||||
8 | fingerprint
based criminal background investigations. All | ||||||
9 | other fees paid under this
Section shall be deposited into the | ||||||
10 | Road
Fund for the purpose of defraying the costs of the | ||||||
11 | Secretary of State in
administering this Section. All | ||||||
12 | applicants must:
| ||||||
13 | 1. be 21 years of age or older;
| ||||||
14 | 2. possess a valid and properly classified driver's | ||||||
15 | license
issued by the Secretary of State;
| ||||||
16 | 3. possess a valid driver's license, which has not been
| ||||||
17 | revoked, suspended, or canceled for 3 years immediately | ||||||
18 | prior to
the date of application, or have not had his or | ||||||
19 | her commercial motor vehicle
driving privileges
| ||||||
20 | disqualified within the 3 years immediately prior to the | ||||||
21 | date of application;
| ||||||
22 | 4. successfully pass a written test, administered by | ||||||
23 | the
Secretary of State, on school bus operation, school bus | ||||||
24 | safety, and
special traffic laws relating to school buses | ||||||
25 | and submit to a review
of the applicant's driving habits by | ||||||
26 | the Secretary of State at the time the
written test is |
| |||||||
| |||||||
1 | given;
| ||||||
2 | 5. demonstrate ability to exercise reasonable care in | ||||||
3 | the operation of
school buses in accordance with rules | ||||||
4 | promulgated by the Secretary of State;
| ||||||
5 | 6. demonstrate physical fitness to operate school | ||||||
6 | buses by
submitting the results of a medical examination, | ||||||
7 | including tests for drug
use for each applicant not subject | ||||||
8 | to such testing pursuant to
federal law, conducted by a | ||||||
9 | licensed physician, an advanced practice nurse
who has a | ||||||
10 | written collaborative agreement with
a collaborating | ||||||
11 | physician which authorizes him or her to perform medical
| ||||||
12 | examinations, or a physician assistant who has been | ||||||
13 | delegated the
performance of medical examinations by his or | ||||||
14 | her supervising physician
within 90 days of the date
of | ||||||
15 | application according to standards promulgated by the | ||||||
16 | Secretary of State;
| ||||||
17 | 7. affirm under penalties of perjury that he or she has | ||||||
18 | not made a
false statement or knowingly concealed a | ||||||
19 | material fact
in any application for permit;
| ||||||
20 | 8. have completed an initial classroom course, | ||||||
21 | including first aid
procedures, in school bus driver safety | ||||||
22 | as promulgated by the Secretary of
State; and after | ||||||
23 | satisfactory completion of said initial course an annual
| ||||||
24 | refresher course; such courses and the agency or | ||||||
25 | organization conducting such
courses shall be approved by | ||||||
26 | the Secretary of State; failure to
complete the annual |
| |||||||
| |||||||
1 | refresher course, shall result in
cancellation of the | ||||||
2 | permit until such course is completed;
| ||||||
3 | 9. not have been convicted of 2 or more serious traffic | ||||||
4 | offenses, as
defined by rule, within one year prior to the | ||||||
5 | date of application that may
endanger the life or safety of | ||||||
6 | any of the driver's passengers within the
duration of the | ||||||
7 | permit period;
| ||||||
8 | 10. not have been convicted of reckless driving, | ||||||
9 | driving while
intoxicated, or reckless homicide resulting | ||||||
10 | from the operation of a motor
vehicle within 3 years of the | ||||||
11 | date of application;
| ||||||
12 | 11. not have been convicted of committing or attempting
| ||||||
13 | to commit any
one or more of the following offenses: (i) | ||||||
14 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
15 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
16 | 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| ||||||
17 | 11-9, 11-9.1, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
18 | 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, | ||||||
19 | 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-3.1, | ||||||
20 | 12-4.1, 12-4.2, 12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, | ||||||
21 | 12-7.1, 12-7.3, 12-7.4, 12-11,
12-13, 12-14, 12-14.1, | ||||||
22 | 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
| ||||||
23 | 18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, | ||||||
24 | 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
33A-2, and in | ||||||
25 | subsection (a) and subsection (b), clause (1), of Section
| ||||||
26 | 12-4 of the Criminal Code of 1961; (ii) those offenses |
| |||||||
| |||||||
1 | defined in the
Cannabis Control Act except those offenses | ||||||
2 | defined in subsections (a) and
(b) of Section 4, and | ||||||
3 | subsection (a) of Section 5 of the Cannabis Control
Act; | ||||||
4 | (iii) those offenses defined in the Illinois Controlled | ||||||
5 | Substances
Act; (iv) those offenses defined in the | ||||||
6 | Methamphetamine Control and Community Protection Act; (v) | ||||||
7 | any offense committed or attempted in any other state or | ||||||
8 | against
the laws of the United States, which if committed | ||||||
9 | or attempted in this
State would be punishable as one or | ||||||
10 | more of the foregoing offenses; (vi)
the offenses defined | ||||||
11 | in Section 4.1 and 5.1 of the Wrongs to Children Act or | ||||||
12 | Section 11-9.1A of the Criminal Code of 1961; and (vii) | ||||||
13 | those offenses defined in Section 6-16 of the Liquor | ||||||
14 | Control Act of
1934;
| ||||||
15 | 12. not have been repeatedly involved as a driver in | ||||||
16 | motor vehicle
collisions or been repeatedly convicted of | ||||||
17 | offenses against
laws and ordinances regulating the | ||||||
18 | movement of traffic, to a degree which
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in the
| ||||||
20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws and
the safety of other persons upon the | ||||||
22 | highway;
| ||||||
23 | 13. not have, through the unlawful operation of a motor
| ||||||
24 | vehicle, caused an accident resulting in the death of any | ||||||
25 | person; and
| ||||||
26 | 14. not have, within the last 5 years, been adjudged to |
| |||||||
| |||||||
1 | be
afflicted with or suffering from any mental disability | ||||||
2 | or disease.
| ||||||
3 | (b) A school bus driver permit shall be valid for a period | ||||||
4 | specified by
the Secretary of State as set forth by rule. It | ||||||
5 | shall be renewable upon compliance with subsection (a) of this
| ||||||
6 | Section.
| ||||||
7 | (c) A school bus driver permit shall contain the holder's | ||||||
8 | driver's
license number, legal name, residence address, zip | ||||||
9 | code, social
security number and date
of birth, a brief | ||||||
10 | description of the holder and a space for signature. The
| ||||||
11 | Secretary of State may require a suitable photograph of the | ||||||
12 | holder.
| ||||||
13 | (d) The employer shall be responsible for conducting a | ||||||
14 | pre-employment
interview with prospective school bus driver | ||||||
15 | candidates, distributing school
bus driver applications and | ||||||
16 | medical forms to be completed by the applicant, and
submitting | ||||||
17 | the applicant's fingerprint cards to the Department of State | ||||||
18 | Police
that are required for the criminal background | ||||||
19 | investigations. The employer
shall certify in writing to the | ||||||
20 | Secretary of State that all pre-employment
conditions have been | ||||||
21 | successfully completed including the successful completion
of | ||||||
22 | an Illinois specific criminal background investigation through | ||||||
23 | the
Department of State Police and the submission of necessary
| ||||||
24 | fingerprints to the Federal Bureau of Investigation for | ||||||
25 | criminal
history information available through the Federal | ||||||
26 | Bureau of
Investigation system. The applicant shall present the
|
| |||||||
| |||||||
1 | certification to the Secretary of State at the time of | ||||||
2 | submitting
the school bus driver permit application.
| ||||||
3 | (e) Permits shall initially be provisional upon receiving
| ||||||
4 | certification from the employer that all pre-employment | ||||||
5 | conditions
have been successfully completed, and upon | ||||||
6 | successful completion of
all training and examination | ||||||
7 | requirements for the classification of
the vehicle to be | ||||||
8 | operated, the Secretary of State shall
provisionally issue a | ||||||
9 | School Bus Driver Permit. The permit shall
remain in a | ||||||
10 | provisional status pending the completion of the
Federal Bureau | ||||||
11 | of Investigation's criminal background investigation based
| ||||||
12 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
13 | of
Investigation by the Department of State Police. The Federal | ||||||
14 | Bureau of
Investigation shall report the findings directly to | ||||||
15 | the Secretary
of State. The Secretary of State shall remove the | ||||||
16 | bus driver
permit from provisional status upon the applicant's | ||||||
17 | successful
completion of the Federal Bureau of Investigation's | ||||||
18 | criminal
background investigation.
| ||||||
19 | (f) A school bus driver permit holder shall notify the
| ||||||
20 | employer and the Secretary of State if he or she is convicted | ||||||
21 | in
another state of an offense that would make him or her | ||||||
22 | ineligible
for a permit under subsection (a) of this Section. | ||||||
23 | The
written notification shall be made within 5 days of the | ||||||
24 | entry of
the conviction. Failure of the permit holder to | ||||||
25 | provide the
notification is punishable as a petty
offense for a | ||||||
26 | first violation and a Class B misdemeanor for a
second or |
| |||||||
| |||||||
1 | subsequent violation.
| ||||||
2 | (g) Cancellation; suspension; notice and procedure.
| ||||||
3 | (1) The Secretary of State shall cancel a school bus
| ||||||
4 | driver permit of an applicant whose criminal background | ||||||
5 | investigation
discloses that he or she is not in compliance | ||||||
6 | with the provisions of subsection
(a) of this Section.
| ||||||
7 | (2) The Secretary of State shall cancel a school
bus | ||||||
8 | driver permit when he or she receives notice that the | ||||||
9 | permit holder fails
to comply with any provision of this | ||||||
10 | Section or any rule promulgated for the
administration of | ||||||
11 | this Section.
| ||||||
12 | (3) The Secretary of State shall cancel a school bus
| ||||||
13 | driver permit if the permit holder's restricted commercial | ||||||
14 | or
commercial driving privileges are withdrawn or | ||||||
15 | otherwise
invalidated.
| ||||||
16 | (4) The Secretary of State may not issue a school bus
| ||||||
17 | driver permit for a period of 3 years to an applicant who | ||||||
18 | fails to
obtain a negative result on a drug test as | ||||||
19 | required in item 6 of
subsection (a) of this Section or | ||||||
20 | under federal law.
| ||||||
21 | (5) The Secretary of State shall forthwith suspend
a | ||||||
22 | school bus driver permit for a period of 3 years upon | ||||||
23 | receiving
notice that the holder has failed to obtain a | ||||||
24 | negative result on a
drug test as required in item 6 of | ||||||
25 | subsection (a) of this Section
or under federal law.
| ||||||
26 | (6) The Secretary of State shall suspend a school bus |
| |||||||
| |||||||
1 | driver permit for a period of 3 years upon receiving notice | ||||||
2 | from the employer that the holder failed to perform the | ||||||
3 | inspection procedure set forth in subsection (a) or (b) of | ||||||
4 | Section 12-816 of this Code. | ||||||
5 | The Secretary of State shall notify the State | ||||||
6 | Superintendent
of Education and the permit holder's | ||||||
7 | prospective or current
employer that the applicant has (1) has | ||||||
8 | failed a criminal
background investigation or (2) is no
longer | ||||||
9 | eligible for a school bus driver permit; and of the related
| ||||||
10 | cancellation of the applicant's provisional school bus driver | ||||||
11 | permit. The
cancellation shall remain in effect pending the | ||||||
12 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
13 | The scope of the
hearing shall be limited to the issuance | ||||||
14 | criteria contained in
subsection (a) of this Section. A | ||||||
15 | petition requesting a
hearing shall be submitted to the | ||||||
16 | Secretary of State and shall
contain the reason the individual | ||||||
17 | feels he or she is entitled to a
school bus driver permit. The | ||||||
18 | permit holder's
employer shall notify in writing to the | ||||||
19 | Secretary of State
that the employer has certified the removal | ||||||
20 | of the offending school
bus driver from service prior to the | ||||||
21 | start of that school bus
driver's next workshift. An employing | ||||||
22 | school board that fails to
remove the offending school bus | ||||||
23 | driver from service is
subject to the penalties defined in | ||||||
24 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
25 | violates a provision of this Section is
subject to the | ||||||
26 | penalties defined in Section 6-106.11.
|
| |||||||
| |||||||
1 | All valid school bus driver permits issued under this | ||||||
2 | Section
prior to January 1, 1995, shall remain effective until | ||||||
3 | their
expiration date unless otherwise invalidated.
| ||||||
4 | (h) When a school bus driver permit holder who is a service | ||||||
5 | member is called to active duty, the employer of the permit | ||||||
6 | holder shall notify the Secretary of State, within 30 days of | ||||||
7 | notification from the permit holder, that the permit holder has | ||||||
8 | been called to active duty. Upon notification pursuant to this | ||||||
9 | subsection, (i) the Secretary of State shall characterize the | ||||||
10 | permit as inactive until a permit holder renews the permit as | ||||||
11 | provided in subsection (i) of this Section, and (ii) if a | ||||||
12 | permit holder fails to comply with the requirements of this | ||||||
13 | Section while called to active duty, the Secretary of State | ||||||
14 | shall not characterize the permit as invalid. | ||||||
15 | (i) A school bus driver permit holder who is a service | ||||||
16 | member returning from active duty must, within 90 days, renew a | ||||||
17 | permit characterized as inactive pursuant to subsection (h) of | ||||||
18 | this Section by complying with the renewal requirements of | ||||||
19 | subsection (b) of this Section. | ||||||
20 | (j) For purposes of subsections (h) and (i) of this | ||||||
21 | Section: | ||||||
22 | "Active duty" means active duty pursuant to an executive | ||||||
23 | order of the President of the United States, an act of the | ||||||
24 | Congress of the United States, or an order of the Governor. | ||||||
25 | "Service member" means a member of the Armed Services or | ||||||
26 | reserve forces of the United States or a member of the Illinois |
| |||||||
| |||||||
1 | National Guard. | ||||||
2 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
3 | revised 12-1-09.)
| ||||||
4 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
5 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
6 | license or
permit; Right to a hearing.
| ||||||
7 | (a) The Secretary of State is authorized to suspend or | ||||||
8 | revoke the
driving privileges of any person without preliminary | ||||||
9 | hearing upon a showing
of the person's records or other | ||||||
10 | sufficient evidence that
the person:
| ||||||
11 | 1. Has committed an offense for which mandatory | ||||||
12 | revocation of
a driver's license or permit is required upon | ||||||
13 | conviction;
| ||||||
14 | 2. Has been convicted of not less than 3 offenses | ||||||
15 | against traffic
regulations governing the movement of | ||||||
16 | vehicles committed within any 12
month period. No | ||||||
17 | revocation or suspension shall be entered more than
6 | ||||||
18 | months after the date of last conviction;
| ||||||
19 | 3. Has been repeatedly involved as a driver in motor | ||||||
20 | vehicle
collisions or has been repeatedly convicted of | ||||||
21 | offenses against laws and
ordinances regulating the | ||||||
22 | movement of traffic, to a degree that
indicates lack of | ||||||
23 | ability to exercise ordinary and reasonable care in
the | ||||||
24 | safe operation of a motor vehicle or disrespect for the | ||||||
25 | traffic laws
and the safety of other persons upon the |
| |||||||
| |||||||
1 | highway;
| ||||||
2 | 4. Has by the unlawful operation of a motor vehicle | ||||||
3 | caused or
contributed to an accident resulting in death or | ||||||
4 | injury requiring
immediate professional treatment in a | ||||||
5 | medical facility or doctor's office
to any person, except | ||||||
6 | that any suspension or revocation imposed by the
Secretary | ||||||
7 | of State under the provisions of this subsection shall | ||||||
8 | start no
later than 6 months after being convicted of | ||||||
9 | violating a law or
ordinance regulating the movement of | ||||||
10 | traffic, which violation is related
to the accident, or | ||||||
11 | shall start not more than one year
after
the date of the | ||||||
12 | accident, whichever date occurs later;
| ||||||
13 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
14 | driver's
license, identification card, or permit;
| ||||||
15 | 6. Has been lawfully convicted of an offense or | ||||||
16 | offenses in another
state, including the authorization | ||||||
17 | contained in Section 6-203.1, which
if committed within | ||||||
18 | this State would be grounds for suspension or revocation;
| ||||||
19 | 7. Has refused or failed to submit to an examination | ||||||
20 | provided for by
Section 6-207 or has failed to pass the | ||||||
21 | examination;
| ||||||
22 | 8. Is ineligible for a driver's license or permit under | ||||||
23 | the provisions
of Section 6-103;
| ||||||
24 | 9. Has made a false statement or knowingly concealed a | ||||||
25 | material fact
or has used false information or | ||||||
26 | identification in any application for a
license, |
| |||||||
| |||||||
1 | identification card, or permit;
| ||||||
2 | 10. Has possessed, displayed, or attempted to | ||||||
3 | fraudulently use any
license, identification card, or | ||||||
4 | permit not issued to the person;
| ||||||
5 | 11. Has operated a motor vehicle upon a highway of this | ||||||
6 | State when
the person's driving privilege or privilege to | ||||||
7 | obtain a driver's license
or permit was revoked or | ||||||
8 | suspended unless the operation was authorized by
a | ||||||
9 | monitoring device driving permit, judicial driving permit | ||||||
10 | issued prior to January 1, 2009, probationary license to | ||||||
11 | drive, or a restricted
driving permit issued under this | ||||||
12 | Code;
| ||||||
13 | 12. Has submitted to any portion of the application | ||||||
14 | process for
another person or has obtained the services of | ||||||
15 | another person to submit to
any portion of the application | ||||||
16 | process for the purpose of obtaining a
license, | ||||||
17 | identification card, or permit for some other person;
| ||||||
18 | 13. Has operated a motor vehicle upon a highway of this | ||||||
19 | State when
the person's driver's license or permit was | ||||||
20 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
21 | 14. Has committed a violation of Section 6-301, | ||||||
22 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
23 | of the Illinois Identification Card
Act;
| ||||||
24 | 15. Has been convicted of violating Section 21-2 of the | ||||||
25 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
26 | vehicles in which case, the suspension
shall be for one |
| |||||||
| |||||||
1 | year;
| ||||||
2 | 16. Has been convicted of violating Section 11-204 of | ||||||
3 | this Code relating
to fleeing from a peace officer;
| ||||||
4 | 17. Has refused to submit to a test, or tests, as | ||||||
5 | required under Section
11-501.1 of this Code and the person | ||||||
6 | has not sought a hearing as
provided for in Section | ||||||
7 | 11-501.1;
| ||||||
8 | 18. Has, since issuance of a driver's license or | ||||||
9 | permit, been adjudged
to be afflicted with or suffering | ||||||
10 | from any mental disability or disease;
| ||||||
11 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
12 | of Section 6-101
relating to driving without a driver's | ||||||
13 | license;
| ||||||
14 | 20. Has been convicted of violating Section 6-104 | ||||||
15 | relating to
classification of driver's license;
| ||||||
16 | 21. Has been convicted of violating Section 11-402 of
| ||||||
17 | this Code relating to leaving the scene of an accident | ||||||
18 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
19 | which case the suspension shall be
for one year;
| ||||||
20 | 22. Has used a motor vehicle in violating paragraph | ||||||
21 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
22 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
23 | weapons, in which case the suspension shall be for one
| ||||||
24 | year;
| ||||||
25 | 23. Has, as a driver, been convicted of committing a | ||||||
26 | violation of
paragraph (a) of Section 11-502 of this Code |
| |||||||
| |||||||
1 | for a second or subsequent
time within one year of a | ||||||
2 | similar violation;
| ||||||
3 | 24. Has been convicted by a court-martial or punished | ||||||
4 | by non-judicial
punishment by military authorities of the | ||||||
5 | United States at a military
installation in Illinois of or | ||||||
6 | for a traffic related offense that is the
same as or | ||||||
7 | similar to an offense specified under Section 6-205 or | ||||||
8 | 6-206 of
this Code;
| ||||||
9 | 25. Has permitted any form of identification to be used | ||||||
10 | by another in
the application process in order to obtain or | ||||||
11 | attempt to obtain a license,
identification card, or | ||||||
12 | permit;
| ||||||
13 | 26. Has altered or attempted to alter a license or has | ||||||
14 | possessed an
altered license, identification card, or | ||||||
15 | permit;
| ||||||
16 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
17 | of 1934;
| ||||||
18 | 28. Has been convicted of the illegal possession, while | ||||||
19 | operating or
in actual physical control, as a driver, of a | ||||||
20 | motor vehicle, of any
controlled substance prohibited | ||||||
21 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
22 | prohibited under the Cannabis Control
Act, or any | ||||||
23 | methamphetamine prohibited under the Methamphetamine | ||||||
24 | Control and Community Protection Act, in which case the | ||||||
25 | person's driving privileges shall be suspended for
one | ||||||
26 | year, and any driver who is convicted of a second or |
| |||||||
| |||||||
1 | subsequent
offense, within 5 years of a previous | ||||||
2 | conviction, for the illegal
possession, while operating or | ||||||
3 | in actual physical control, as a driver, of
a motor | ||||||
4 | vehicle, of any controlled substance prohibited under the | ||||||
5 | Illinois Controlled Substances Act, any cannabis
| ||||||
6 | prohibited under the Cannabis Control Act, or any | ||||||
7 | methamphetamine prohibited under the Methamphetamine | ||||||
8 | Control and Community Protection Act shall be suspended for | ||||||
9 | 5 years.
Any defendant found guilty of this offense while | ||||||
10 | operating a motor vehicle,
shall have an entry made in the | ||||||
11 | court record by the presiding judge that
this offense did | ||||||
12 | occur while the defendant was operating a motor vehicle
and | ||||||
13 | order the clerk of the court to report the violation to the | ||||||
14 | Secretary
of State;
| ||||||
15 | 29. Has been convicted of the following offenses that | ||||||
16 | were committed
while the person was operating or in actual | ||||||
17 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
18 | sexual assault,
predatory criminal sexual assault of a | ||||||
19 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
20 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
21 | soliciting for a juvenile prostitute , promoting juvenile | ||||||
22 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
23 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | ||||||
24 | and the manufacture, sale or
delivery of controlled | ||||||
25 | substances or instruments used for illegal drug use
or | ||||||
26 | abuse in which case the driver's driving privileges shall |
| |||||||
| |||||||
1 | be suspended
for one year;
| ||||||
2 | 30. Has been convicted a second or subsequent time for | ||||||
3 | any
combination of the offenses named in paragraph 29 of | ||||||
4 | this subsection,
in which case the person's driving | ||||||
5 | privileges shall be suspended for 5
years;
| ||||||
6 | 31. Has refused to submit to a test as
required by | ||||||
7 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
8 | alcohol concentration of 0.08 or more or any amount of a | ||||||
9 | drug, substance, or
compound resulting from the unlawful | ||||||
10 | use or consumption of cannabis as listed
in the Cannabis | ||||||
11 | Control Act, a controlled substance as listed in the | ||||||
12 | Illinois
Controlled Substances Act, an intoxicating | ||||||
13 | compound as listed in the Use of
Intoxicating Compounds | ||||||
14 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
15 | Control and Community Protection Act, in which case the | ||||||
16 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
17 | 32. Has been convicted of Section 24-1.2 of the | ||||||
18 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
19 | of a firearm if the offender was
located in a motor vehicle | ||||||
20 | at the time the firearm was discharged, in which
case the | ||||||
21 | suspension shall be for 3 years;
| ||||||
22 | 33. Has as a driver, who was less than 21 years of age | ||||||
23 | on the date of
the offense, been convicted a first time of | ||||||
24 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
25 | or a similar provision of a local ordinance;
| ||||||
26 | 34. Has committed a violation of Section 11-1301.5 of |
| |||||||
| |||||||
1 | this Code;
| ||||||
2 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
3 | this Code;
| ||||||
4 | 36. Is under the age of 21 years at the time of arrest | ||||||
5 | and has been
convicted of not less than 2 offenses against | ||||||
6 | traffic regulations governing
the movement of vehicles | ||||||
7 | committed within any 24 month period. No revocation
or | ||||||
8 | suspension shall be entered more than 6 months after the | ||||||
9 | date of last
conviction;
| ||||||
10 | 37. Has committed a violation of subsection (c) of | ||||||
11 | Section 11-907 of this
Code that resulted in damage to the | ||||||
12 | property of another or the death or injury of another;
| ||||||
13 | 38. Has been convicted of a violation of Section 6-20 | ||||||
14 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
15 | a local ordinance;
| ||||||
16 | 39. Has committed a second or subsequent violation of | ||||||
17 | Section
11-1201 of this Code;
| ||||||
18 | 40. Has committed a violation of subsection (a-1) of | ||||||
19 | Section 11-908 of
this Code; | ||||||
20 | 41. Has committed a second or subsequent violation of | ||||||
21 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
22 | the previous violation, in which case the suspension shall | ||||||
23 | be for 90 days; | ||||||
24 | 42. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-1301.3 of this Code;
| ||||||
26 | 43. Has received a disposition of court supervision for |
| |||||||
| |||||||
1 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
2 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
3 | a local ordinance, in which case the suspension shall be | ||||||
4 | for a period of 3 months;
| ||||||
5 | 44.
Is under the age of 21 years at the time of arrest | ||||||
6 | and has been convicted of an offense against traffic | ||||||
7 | regulations governing the movement of vehicles after | ||||||
8 | having previously had his or her driving privileges
| ||||||
9 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
10 | Section; or | ||||||
11 | 45.
Has, in connection with or during the course of a | ||||||
12 | formal hearing conducted under Section 2-118 of this Code: | ||||||
13 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
14 | falsified documents; (iii) submitted documents that have | ||||||
15 | been materially altered; or (iv) submitted, as his or her | ||||||
16 | own, documents that were in fact prepared or composed for | ||||||
17 | another person.
| ||||||
18 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
19 | and 27 of this
subsection, license means any driver's license, | ||||||
20 | any traffic ticket issued when
the person's driver's license is | ||||||
21 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
22 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
23 | a probationary driver's license or a temporary driver's | ||||||
24 | license.
| ||||||
25 | (b) If any conviction forming the basis of a suspension or
| ||||||
26 | revocation authorized under this Section is appealed, the
|
| |||||||
| |||||||
1 | Secretary of State may rescind or withhold the entry of the | ||||||
2 | order of suspension
or revocation, as the case may be, provided | ||||||
3 | that a certified copy of a stay
order of a court is filed with | ||||||
4 | the Secretary of State. If the conviction is
affirmed on | ||||||
5 | appeal, the date of the conviction shall relate back to the | ||||||
6 | time
the original judgment of conviction was entered and the 6 | ||||||
7 | month limitation
prescribed shall not apply.
| ||||||
8 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
9 | permit of
any person as authorized in this Section, the | ||||||
10 | Secretary of State shall
immediately notify the person in | ||||||
11 | writing of the revocation or suspension.
The notice to be | ||||||
12 | deposited in the United States mail, postage prepaid,
to the | ||||||
13 | last known address of the person.
| ||||||
14 | 2. If the Secretary of State suspends the driver's | ||||||
15 | license
of a person under subsection 2 of paragraph (a) of | ||||||
16 | this Section, a
person's privilege to operate a vehicle as | ||||||
17 | an occupation shall not be
suspended, provided an affidavit | ||||||
18 | is properly completed, the appropriate fee
received, and a | ||||||
19 | permit issued prior to the effective date of the
| ||||||
20 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
21 | which occurred
while operating a commercial vehicle in | ||||||
22 | connection with the driver's
regular occupation. All other | ||||||
23 | driving privileges shall be suspended by the
Secretary of | ||||||
24 | State. Any driver prior to operating a vehicle for
| ||||||
25 | occupational purposes only must submit the affidavit on | ||||||
26 | forms to be
provided by the Secretary of State setting |
| |||||||
| |||||||
1 | forth the facts of the person's
occupation. The affidavit | ||||||
2 | shall also state the number of offenses
committed while | ||||||
3 | operating a vehicle in connection with the driver's regular
| ||||||
4 | occupation. The affidavit shall be accompanied by the | ||||||
5 | driver's license.
Upon receipt of a properly completed | ||||||
6 | affidavit, the Secretary of State
shall issue the driver a | ||||||
7 | permit to operate a vehicle in connection with the
driver's | ||||||
8 | regular occupation only. Unless the permit is issued by the
| ||||||
9 | Secretary of State prior to the date of suspension, the | ||||||
10 | privilege to drive
any motor vehicle shall be suspended as | ||||||
11 | set forth in the notice that was
mailed under this Section. | ||||||
12 | If an affidavit is received subsequent to the
effective | ||||||
13 | date of this suspension, a permit may be issued for the | ||||||
14 | remainder
of the suspension period.
| ||||||
15 | The provisions of this subparagraph shall not apply to | ||||||
16 | any driver
required to possess a CDL for the purpose of | ||||||
17 | operating a commercial motor vehicle.
| ||||||
18 | Any person who falsely states any fact in the affidavit | ||||||
19 | required
herein shall be guilty of perjury under Section | ||||||
20 | 6-302 and upon conviction
thereof shall have all driving | ||||||
21 | privileges revoked without further rights.
| ||||||
22 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
23 | of this Code,
the Secretary of State shall either rescind | ||||||
24 | or continue an order of
revocation or shall substitute an | ||||||
25 | order of suspension; or, good
cause appearing therefor, | ||||||
26 | rescind, continue, change, or extend the
order of |
| |||||||
| |||||||
1 | suspension. If the Secretary of State does not rescind the | ||||||
2 | order,
the Secretary may upon application,
to relieve undue | ||||||
3 | hardship (as defined by the rules of the Secretary of | ||||||
4 | State), issue
a restricted driving permit granting the | ||||||
5 | privilege of driving a motor
vehicle between the | ||||||
6 | petitioner's residence and petitioner's place of
| ||||||
7 | employment or within the scope of the petitioner's | ||||||
8 | employment related duties, or to
allow the petitioner to | ||||||
9 | transport himself or herself, or a family member of the
| ||||||
10 | petitioner's household to a medical facility, to receive | ||||||
11 | necessary medical care, to allow the petitioner to | ||||||
12 | transport himself or herself to and from alcohol or drug
| ||||||
13 | remedial or rehabilitative activity recommended by a | ||||||
14 | licensed service provider, or to allow the petitioner to | ||||||
15 | transport himself or herself or a family member of the | ||||||
16 | petitioner's household to classes, as a student, at an | ||||||
17 | accredited educational institution, or to allow the | ||||||
18 | petitioner to transport children living in the | ||||||
19 | petitioner's household to and from daycare. The
petitioner | ||||||
20 | must demonstrate that no alternative means of
| ||||||
21 | transportation is reasonably available and that the | ||||||
22 | petitioner will not endanger
the public safety or welfare. | ||||||
23 | Those multiple offenders identified in subdivision (b)4 of | ||||||
24 | Section 6-208 of this Code, however, shall not be eligible | ||||||
25 | for the issuance of a restricted driving permit.
| ||||||
26 |
(A) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended due to 2
or more convictions of violating | ||||||
2 | Section 11-501 of this Code or a similar
provision of a | ||||||
3 | local ordinance or a similar out-of-state offense, or | ||||||
4 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
5 | of alcohol or other drugs is recited as an element of | ||||||
6 | the offense, or a similar out-of-state offense, or a | ||||||
7 | combination of these offenses, arising out
of separate | ||||||
8 | occurrences, that person, if issued a restricted | ||||||
9 | driving permit,
may not operate a vehicle unless it has | ||||||
10 | been equipped with an ignition
interlock device as | ||||||
11 | defined in Section 1-129.1.
| ||||||
12 | (B) If a person's license or permit is revoked or | ||||||
13 | suspended 2 or more
times within a 10 year period due | ||||||
14 | to any combination of: | ||||||
15 | (i) a single conviction of violating Section
| ||||||
16 | 11-501 of this Code or a similar provision of a | ||||||
17 | local ordinance or a similar
out-of-state offense | ||||||
18 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
19 | the use of alcohol or other drugs is recited as an | ||||||
20 | element of the offense, or a similar out-of-state | ||||||
21 | offense; or | ||||||
22 | (ii) a statutory summary suspension under | ||||||
23 | Section
11-501.1; or | ||||||
24 | (iii) a suspension under Section 6-203.1; | ||||||
25 | arising out of
separate occurrences; that person, if | ||||||
26 | issued a restricted driving permit, may
not operate a |
| |||||||
| |||||||
1 | vehicle unless it has been
equipped with an ignition | ||||||
2 | interlock device as defined in Section 1-129.1. | ||||||
3 | (C)
The person issued a permit conditioned upon the | ||||||
4 | use of an ignition interlock device must pay to the | ||||||
5 | Secretary of State DUI Administration Fund an amount
| ||||||
6 | not to exceed $30 per month. The Secretary shall | ||||||
7 | establish by rule the amount
and the procedures, terms, | ||||||
8 | and conditions relating to these fees. | ||||||
9 | (D) If the
restricted driving permit is issued for | ||||||
10 | employment purposes, then the prohibition against | ||||||
11 | operating a motor vehicle that is not equipped with an | ||||||
12 | ignition interlock device does not apply to the | ||||||
13 | operation of an occupational vehicle owned or
leased by | ||||||
14 | that person's employer when used solely for employment | ||||||
15 | purposes. | ||||||
16 | (E) In each case the Secretary may issue a
| ||||||
17 | restricted driving permit for a period deemed | ||||||
18 | appropriate, except that all
permits shall expire | ||||||
19 | within one year from the date of issuance. The | ||||||
20 | Secretary
may not, however, issue a restricted driving | ||||||
21 | permit to any person whose current
revocation is the | ||||||
22 | result of a second or subsequent conviction for a | ||||||
23 | violation
of Section 11-501 of this Code or a similar | ||||||
24 | provision of a local ordinance
or any similar | ||||||
25 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
26 | Code of 1961, where the use of alcohol or other drugs |
| |||||||
| |||||||
1 | is recited as an element of the offense, or any similar | ||||||
2 | out-of-state offense, or any combination
of those | ||||||
3 | offenses, until the expiration of at least one year | ||||||
4 | from the date of
the revocation. A
restricted driving | ||||||
5 | permit issued under this Section shall be subject to
| ||||||
6 | cancellation, revocation, and suspension by the | ||||||
7 | Secretary of State in like
manner and for like cause as | ||||||
8 | a driver's license issued under this Code may be
| ||||||
9 | cancelled, revoked, or suspended; except that a | ||||||
10 | conviction upon one or more
offenses against laws or | ||||||
11 | ordinances regulating the movement of traffic
shall be | ||||||
12 | deemed sufficient cause for the revocation, | ||||||
13 | suspension, or
cancellation of a restricted driving | ||||||
14 | permit. The Secretary of State may, as
a condition to | ||||||
15 | the issuance of a restricted driving permit, require | ||||||
16 | the
applicant to participate in a designated driver | ||||||
17 | remedial or rehabilitative
program. The Secretary of | ||||||
18 | State is authorized to cancel a restricted
driving | ||||||
19 | permit if the permit holder does not successfully | ||||||
20 | complete the program.
| ||||||
21 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), reports received by the Secretary of State | ||||||
23 | under this Section shall, except during the actual time the | ||||||
24 | suspension is in effect, be privileged information and for use | ||||||
25 | only by the courts, police officers, prosecuting authorities, | ||||||
26 | the driver licensing administrator of any other state, the |
| |||||||
| |||||||
1 | Secretary of State, or the parent or legal guardian of a driver | ||||||
2 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
3 | person is a CDL holder, the suspension shall also be made | ||||||
4 | available to the driver licensing administrator of any other | ||||||
5 | state, the U.S. Department of Transportation, and the affected | ||||||
6 | driver or motor
carrier or prospective motor carrier upon | ||||||
7 | request.
| ||||||
8 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
9 | subsection (a), the Secretary of State shall notify the person | ||||||
10 | by mail that his or her driving privileges and driver's license | ||||||
11 | will be suspended one month after the date of the mailing of | ||||||
12 | the notice.
| ||||||
13 | (c-5) The Secretary of State may, as a condition of the | ||||||
14 | reissuance of a
driver's license or permit to an applicant | ||||||
15 | whose driver's license or permit has
been suspended before he | ||||||
16 | or she reached the age of 21 years pursuant to any of
the | ||||||
17 | provisions of this Section, require the applicant to | ||||||
18 | participate in a
driver remedial education course and be | ||||||
19 | retested under Section 6-109 of this
Code.
| ||||||
20 | (d) This Section is subject to the provisions of the | ||||||
21 | Drivers License
Compact.
| ||||||
22 | (e) The Secretary of State shall not issue a restricted | ||||||
23 | driving permit to
a person under the age of 16 years whose | ||||||
24 | driving privileges have been suspended
or revoked under any | ||||||
25 | provisions of this Code.
| ||||||
26 | (f) In accordance with 49 C.F.R. 384, the Secretary of |
| |||||||
| |||||||
1 | State may not issue a restricted driving permit for the | ||||||
2 | operation of a commercial motor vehicle to a person holding a | ||||||
3 | CDL whose driving privileges have been suspended, revoked, | ||||||
4 | cancelled, or disqualified under any provisions of this Code. | ||||||
5 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
6 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
7 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
8 | eff. 8-11-09; 96-607, eff. 8-24-09.)
| ||||||
9 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
10 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
11 | qualification standards.
| ||||||
12 | (a) Testing.
| ||||||
13 | (1) General. No person shall be issued an original or | ||||||
14 | renewal CDL
unless that person is
domiciled in this State. | ||||||
15 | The Secretary shall cause to be administered such
tests as | ||||||
16 | the Secretary deems necessary to meet the requirements of | ||||||
17 | 49
C.F.R. Part 383, subparts F, G, H, and J.
| ||||||
18 | (2) Third party testing. The Secretary of state may | ||||||
19 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
20 | Part 383.75, to administer the
skills test or tests | ||||||
21 | specified by Federal Motor Carrier Safety
Administration | ||||||
22 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||||
23 | and any appropriate federal rule.
| ||||||
24 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
25 | the skills
test specified in this Section for a driver |
| |||||||
| |||||||
1 | applicant for a commercial driver license
who meets the | ||||||
2 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||||||
3 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
4 | commercial driver
instruction permit, shall not be issued to a | ||||||
5 | person while the person is
subject to a disqualification from | ||||||
6 | driving a commercial motor vehicle, or
unless otherwise | ||||||
7 | permitted by this Code, while the person's driver's
license is | ||||||
8 | suspended, revoked or cancelled in
any state, or any territory | ||||||
9 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
10 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
11 | unless the person first surrenders all such
licenses. No CDL | ||||||
12 | shall be issued to or renewed for a person who does not
meet | ||||||
13 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
14 | met with
the aid of a hearing aid.
| ||||||
15 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
16 | driver endorsement
to allow a person to drive the type of bus | ||||||
17 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
18 | The CDL with a school bus driver endorsement may be
issued only | ||||||
19 | to a person meeting the following requirements:
| ||||||
20 | (1) the person has submitted his or her fingerprints to | ||||||
21 | the
Department of State Police in the form and manner
| ||||||
22 | prescribed by the Department of State Police. These
| ||||||
23 | fingerprints shall be checked against the fingerprint | ||||||
24 | records
now and hereafter filed in the Department of State | ||||||
25 | Police and
Federal Bureau of Investigation criminal | ||||||
26 | history records databases;
|
| |||||||
| |||||||
1 | (2) the person has passed a written test, administered | ||||||
2 | by the Secretary of
State, on charter bus operation, | ||||||
3 | charter bus safety, and certain special
traffic laws
| ||||||
4 | relating to school buses determined by the Secretary of | ||||||
5 | State to be relevant to
charter buses, and submitted to a | ||||||
6 | review of the driver applicant's driving
habits by the | ||||||
7 | Secretary of State at the time the written test is given;
| ||||||
8 | (3) the person has demonstrated physical fitness to | ||||||
9 | operate school buses
by
submitting the results of a medical | ||||||
10 | examination, including tests for drug
use; and
| ||||||
11 | (4) the person has not been convicted of committing or | ||||||
12 | attempting
to commit any
one or more of the following | ||||||
13 | offenses: (i) those offenses defined in
Sections 9-1, | ||||||
14 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| ||||||
15 | 10-4,
10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, | ||||||
16 | 11-1.50, 11-1.60, 11-6,
11-9, 11-9.1, 11-14, 11-14.3, | ||||||
17 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, | ||||||
18 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
19 | 11-21, 11-22, 11-30, 12-3.1, 12-4.1, 12-4.2, 12-4.3, | ||||||
20 | 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | ||||||
21 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
22 | 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
| ||||||
23 | 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, | ||||||
24 | 31A-1.1, and
33A-2, and in subsection (a) and subsection | ||||||
25 | (b), clause (1), of Section
12-4 of the Criminal Code of | ||||||
26 | 1961; (ii) those offenses defined in the
Cannabis Control |
| |||||||
| |||||||
1 | Act except those offenses defined in subsections (a) and
| ||||||
2 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
3 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
4 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
5 | defined in the Methamphetamine Control and Community | ||||||
6 | Protection Act; (v) any offense committed or attempted in | ||||||
7 | any other state or against
the laws of the United States, | ||||||
8 | which if committed or attempted in this
State would be | ||||||
9 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
10 | the offenses defined in Sections 4.1 and 5.1 of the Wrongs | ||||||
11 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
12 | 1961 ; and (vii) those offenses defined in Section 6-16 of | ||||||
13 | the Liquor Control Act of
1934.
| ||||||
14 | The Department of State Police shall charge
a fee for | ||||||
15 | conducting the criminal history records check, which shall be
| ||||||
16 | deposited into the State Police Services Fund and may not | ||||||
17 | exceed the actual
cost of the records check.
| ||||||
18 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
19 | endorsement to allow a person to drive a school bus as defined | ||||||
20 | in this Section. The CDL shall be issued according to the | ||||||
21 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
22 | operate a school bus as defined in this Section without a | ||||||
23 | school bus endorsement. The Secretary of State may adopt rules | ||||||
24 | consistent with Federal guidelines to implement this | ||||||
25 | subsection (c-2).
| ||||||
26 | (d) Commercial driver instruction permit. A commercial |
| |||||||
| |||||||
1 | driver
instruction permit may be issued to any person holding a | ||||||
2 | valid Illinois
driver's license if such person successfully | ||||||
3 | passes such tests as the
Secretary determines to be necessary.
| ||||||
4 | A commercial driver instruction permit shall not be issued to a | ||||||
5 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
6 | (b)(11), except for the renewal of a
commercial driver
| ||||||
7 | instruction permit for a person who possesses a commercial | ||||||
8 | instruction permit
prior to the
effective date of this | ||||||
9 | amendatory Act of 1999.
| ||||||
10 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
11 | 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| ||||||
12 | Section 1030. The Juvenile Court Act of 1987 is amended by | ||||||
13 | changing Sections 1-8, 2-17, 2-25, 3-19, 3-26, 4-16, 4-23, | ||||||
14 | 5-170, and 5-730 as follows:
| ||||||
15 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
16 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
17 | court records.
| ||||||
18 | (A) Inspection and copying of juvenile court records | ||||||
19 | relating to a minor
who is the subject of a proceeding under | ||||||
20 | this Act shall be restricted to the
following:
| ||||||
21 | (1) The minor who is the subject of record, his | ||||||
22 | parents, guardian
and counsel.
| ||||||
23 | (2) Law enforcement officers and law enforcement | ||||||
24 | agencies when such
information is essential to executing an |
| |||||||
| |||||||
1 | arrest or search warrant or other
compulsory process, or to | ||||||
2 | conducting an ongoing investigation
or relating to a minor | ||||||
3 | who
has been adjudicated delinquent and there has been a | ||||||
4 | previous finding that
the act which constitutes the | ||||||
5 | previous offense was committed in furtherance
of criminal | ||||||
6 | activities by a criminal street gang.
| ||||||
7 | Before July 1, 1994, for the purposes of this Section, | ||||||
8 | "criminal street
gang" means any ongoing
organization, | ||||||
9 | association, or group of 3 or more persons, whether formal | ||||||
10 | or
informal, having as one of its primary activities the | ||||||
11 | commission of one or
more criminal acts and that has a | ||||||
12 | common name or common identifying sign,
symbol or specific | ||||||
13 | color apparel displayed, and whose members individually
or | ||||||
14 | collectively engage in or have engaged in a pattern of | ||||||
15 | criminal activity.
| ||||||
16 | Beginning July 1, 1994, for purposes of this Section, | ||||||
17 | "criminal street
gang" has the meaning ascribed to it in | ||||||
18 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
19 | Prevention Act.
| ||||||
20 | (3) Judges, hearing officers, prosecutors, probation | ||||||
21 | officers, social
workers or other
individuals assigned by | ||||||
22 | the court to conduct a pre-adjudication or
predisposition | ||||||
23 | investigation, and individuals responsible for supervising
| ||||||
24 | or providing temporary or permanent care and custody for | ||||||
25 | minors pursuant
to the order of the juvenile court when | ||||||
26 | essential to performing their
responsibilities.
|
| |||||||
| |||||||
1 | (4) Judges, prosecutors and probation officers:
| ||||||
2 | (a) in the course of a trial when institution of | ||||||
3 | criminal proceedings
has been permitted or required | ||||||
4 | under Section 5-805; or
| ||||||
5 | (b) when criminal proceedings have been permitted
| ||||||
6 | or
required under Section 5-805 and a minor is the | ||||||
7 | subject of a
proceeding to
determine the amount of | ||||||
8 | bail; or
| ||||||
9 | (c) when criminal proceedings have been permitted
| ||||||
10 | or
required under Section 5-805 and a minor is the | ||||||
11 | subject of a
pre-trial
investigation, pre-sentence | ||||||
12 | investigation or fitness hearing, or
proceedings on an | ||||||
13 | application for probation; or
| ||||||
14 | (d) when a minor becomes 17 years of age or older, | ||||||
15 | and is the subject
of criminal proceedings, including a | ||||||
16 | hearing to determine the amount of
bail, a pre-trial | ||||||
17 | investigation, a pre-sentence investigation, a fitness
| ||||||
18 | hearing, or proceedings on an application for | ||||||
19 | probation.
| ||||||
20 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
21 | (6) Authorized military personnel.
| ||||||
22 | (7) Victims, their subrogees and legal | ||||||
23 | representatives; however, such
persons shall have access | ||||||
24 | only to the name and address of the minor and
information | ||||||
25 | pertaining to the disposition or alternative adjustment | ||||||
26 | plan
of the juvenile court.
|
| |||||||
| |||||||
1 | (8) Persons engaged in bona fide research, with the | ||||||
2 | permission of the
presiding judge of the juvenile court and | ||||||
3 | the chief executive of the agency
that prepared the | ||||||
4 | particular records; provided that publication of such
| ||||||
5 | research results in no disclosure of a minor's identity and | ||||||
6 | protects the
confidentiality of the record.
| ||||||
7 | (9) The Secretary of State to whom the Clerk of the | ||||||
8 | Court shall report
the disposition of all cases, as | ||||||
9 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
10 | However, information reported relative to these offenses | ||||||
11 | shall
be privileged and available only to the Secretary of | ||||||
12 | State, courts, and police
officers.
| ||||||
13 | (10) The administrator of a bonafide substance abuse | ||||||
14 | student
assistance program with the permission of the | ||||||
15 | presiding judge of the
juvenile court.
| ||||||
16 | (11) Mental health professionals on behalf of the | ||||||
17 | Illinois Department of
Corrections or the Department of | ||||||
18 | Human Services or prosecutors who are
evaluating, | ||||||
19 | prosecuting, or investigating a potential or actual | ||||||
20 | petition
brought
under the Sexually Persons Commitment Act | ||||||
21 | relating to a person who is the
subject of
juvenile court | ||||||
22 | records or the respondent to a petition brought under
the
| ||||||
23 | Sexually Violent Persons Commitment Act, who is the subject | ||||||
24 | of juvenile
court records
sought. Any records and any | ||||||
25 | information obtained from those records under this
| ||||||
26 | paragraph (11) may be used only in sexually violent persons |
| |||||||
| |||||||
1 | commitment
proceedings.
| ||||||
2 | (A-1) Findings and exclusions of paternity entered in | ||||||
3 | proceedings occurring under Article II of this Act shall be | ||||||
4 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
5 | of the Juvenile Court, to the Department of Healthcare and | ||||||
6 | Family Services when necessary to discharge the duties of the | ||||||
7 | Department of Healthcare and Family Services under Article X of | ||||||
8 | the Illinois Public Aid Code. | ||||||
9 | (B) A minor who is the victim in a juvenile proceeding | ||||||
10 | shall be
provided the same confidentiality regarding | ||||||
11 | disclosure of identity as the
minor who is the subject of | ||||||
12 | record.
| ||||||
13 | (C) Except as otherwise provided in this subsection (C), | ||||||
14 | juvenile court
records shall not be made available to the | ||||||
15 | general public
but may be inspected by representatives of | ||||||
16 | agencies, associations and news
media or other properly | ||||||
17 | interested persons by general or special order of
the court | ||||||
18 | presiding over matters pursuant to this Act. | ||||||
19 | (0.1) In cases where the records concern a pending | ||||||
20 | juvenile court case, the party seeking to inspect the | ||||||
21 | juvenile court records shall provide actual notice to the | ||||||
22 | attorney or guardian ad litem of the minor whose records | ||||||
23 | are sought. | ||||||
24 | (0.2) In cases where the records concern a juvenile | ||||||
25 | court case that is no longer pending, the party seeking to | ||||||
26 | inspect the juvenile court records shall provide actual |
| |||||||
| |||||||
1 | notice to the minor or the minor's parent or legal | ||||||
2 | guardian, and the matter shall be referred to the chief | ||||||
3 | judge presiding over matters pursuant to this Act. | ||||||
4 | (0.3) In determining whether the records should be | ||||||
5 | available for inspection, the court shall consider the | ||||||
6 | minor's interest in confidentiality and rehabilitation | ||||||
7 | over the moving party's interest in obtaining the | ||||||
8 | information. The State's Attorney, the minor, and the | ||||||
9 | minor's parents, guardian, and counsel shall at all times | ||||||
10 | have the right to examine court files and records. For | ||||||
11 | purposes of obtaining documents pursuant to this Section, a | ||||||
12 | civil subpoena is not an order of the court. | ||||||
13 | (0.4) Any records obtained in violation of this | ||||||
14 | subsection (C) shall not be admissible in any criminal or | ||||||
15 | civil proceeding, or operate to disqualify a minor from | ||||||
16 | subsequently holding public office, or operate as a | ||||||
17 | forfeiture of any public benefit, right, privilege, or | ||||||
18 | right to receive any license granted by public authority.
| ||||||
19 | (1) The
court shall allow the general public to have | ||||||
20 | access to the name, address, and offense of a minor
who is | ||||||
21 | adjudicated a delinquent minor under this Act under either | ||||||
22 | of the
following circumstances:
| ||||||
23 | (A) The
adjudication of
delinquency was based upon | ||||||
24 | the
minor's
commission of first degree murder, attempt | ||||||
25 | to commit first degree
murder, aggravated criminal | ||||||
26 | sexual assault, or criminal sexual assault; or
|
| |||||||
| |||||||
1 | (B) The court has made a finding that the minor was | ||||||
2 | at least 13 years of
age
at the time the act was | ||||||
3 | committed and the adjudication of delinquency was | ||||||
4 | based
upon the minor's commission of: (i)
an act in | ||||||
5 | furtherance of the commission of a felony as a member | ||||||
6 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
7 | involving the use of a firearm in the commission of a
| ||||||
8 | felony, (iii) an act that would be a Class X felony | ||||||
9 | offense
under or
the minor's second or subsequent
Class | ||||||
10 | 2 or greater felony offense under the Cannabis Control | ||||||
11 | Act if committed by an adult,
(iv) an act that would be | ||||||
12 | a second or subsequent offense under Section 402 of
the | ||||||
13 | Illinois Controlled Substances Act if committed by an | ||||||
14 | adult, (v) an act
that would be an offense under | ||||||
15 | Section 401 of the Illinois Controlled
Substances Act | ||||||
16 | if committed by an adult, (vi) an act that would be a | ||||||
17 | second or subsequent offense under Section 60 of the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | or (vii) an act that would be an offense under another | ||||||
20 | Section of the Methamphetamine Control and Community | ||||||
21 | Protection Act.
| ||||||
22 | (2) The court
shall allow the general public to have | ||||||
23 | access to the name, address, and offense of a minor who is | ||||||
24 | at least 13 years of age at
the time the offense
is | ||||||
25 | committed and who is convicted, in criminal proceedings
| ||||||
26 | permitted or required under Section 5-4, under either of |
| |||||||
| |||||||
1 | the following
circumstances:
| ||||||
2 | (A) The minor has been convicted of first degree | ||||||
3 | murder, attempt
to commit first degree
murder, | ||||||
4 | aggravated criminal sexual
assault, or criminal sexual | ||||||
5 | assault,
| ||||||
6 | (B) The court has made a finding that the minor was | ||||||
7 | at least 13 years
of age
at the time the offense was | ||||||
8 | committed and the conviction was based upon the
minor's | ||||||
9 | commission of: (i)
an offense in
furtherance of the | ||||||
10 | commission of a felony as a member of or on behalf of a
| ||||||
11 | criminal street gang, (ii) an offense
involving the use | ||||||
12 | of a firearm in the commission of a felony, (iii)
a | ||||||
13 | Class X felony offense under or a second or subsequent | ||||||
14 | Class 2 or
greater felony offense under the Cannabis | ||||||
15 | Control Act, (iv) a
second or subsequent offense under | ||||||
16 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
17 | (v) an offense under Section 401 of the Illinois
| ||||||
18 | Controlled Substances Act, (vi) an act that would be a | ||||||
19 | second or subsequent offense under Section 60 of the | ||||||
20 | Methamphetamine Control and Community Protection Act, | ||||||
21 | or (vii) an act that would be an offense under another | ||||||
22 | Section of the Methamphetamine Control and Community | ||||||
23 | Protection Act.
| ||||||
24 | (D) Pending or following any adjudication of delinquency | ||||||
25 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
26 | 12-13 through 12-16 of the Criminal Code of 1961,
the victim of |
| |||||||
| |||||||
1 | any such offense shall receive the
rights set out in Sections 4 | ||||||
2 | and 6 of the Bill of
Rights for Victims and Witnesses of | ||||||
3 | Violent Crime Act; and the
juvenile who is the subject of the | ||||||
4 | adjudication, notwithstanding any other
provision of this Act, | ||||||
5 | shall be treated
as an adult for the purpose of affording such | ||||||
6 | rights to the victim.
| ||||||
7 | (E) Nothing in this Section shall affect the right of a | ||||||
8 | Civil Service
Commission or appointing authority of any state, | ||||||
9 | county or municipality
examining the character and fitness of
| ||||||
10 | an applicant for employment with a law enforcement
agency, | ||||||
11 | correctional institution, or fire department to
ascertain
| ||||||
12 | whether that applicant was ever adjudicated to be a delinquent | ||||||
13 | minor and,
if so, to examine the records of disposition or | ||||||
14 | evidence which were made in
proceedings under this Act.
| ||||||
15 | (F) Following any adjudication of delinquency for a crime | ||||||
16 | which would be
a felony if committed by an adult, or following | ||||||
17 | any adjudication of delinquency
for a violation of Section | ||||||
18 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
19 | State's Attorney shall ascertain
whether the minor respondent | ||||||
20 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
21 | dispositional order to the principal or chief administrative
| ||||||
22 | officer of the school. Access to such juvenile records shall be | ||||||
23 | limited
to the principal or chief administrative officer of the | ||||||
24 | school and any guidance
counselor designated by him.
| ||||||
25 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
26 | disclosure of information or records relating or pertaining to |
| |||||||
| |||||||
1 | juveniles
subject to the provisions of the Serious Habitual | ||||||
2 | Offender Comprehensive
Action Program when that information is | ||||||
3 | used to assist in the early
identification and treatment of | ||||||
4 | habitual juvenile offenders.
| ||||||
5 | (H) When a Court hearing a proceeding under Article II of | ||||||
6 | this Act becomes
aware that an earlier proceeding under Article | ||||||
7 | II had been heard in a different
county, that Court shall | ||||||
8 | request, and the Court in which the earlier
proceedings were | ||||||
9 | initiated shall transmit, an authenticated copy of the Court
| ||||||
10 | record, including all documents, petitions, and orders filed | ||||||
11 | therein and the
minute orders, transcript of proceedings, and | ||||||
12 | docket entries of the Court.
| ||||||
13 | (I) The Clerk of the Circuit Court shall report to the | ||||||
14 | Department of
State
Police, in the form and manner required by | ||||||
15 | the Department of State Police, the
final disposition of each | ||||||
16 | minor who has been arrested or taken into custody
before his or | ||||||
17 | her 17th birthday for those offenses required to be reported
| ||||||
18 | under Section 5 of the Criminal Identification Act. Information | ||||||
19 | reported to
the Department under this Section may be maintained | ||||||
20 | with records that the
Department files under Section 2.1 of the | ||||||
21 | Criminal Identification Act.
| ||||||
22 | (Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
| ||||||
23 | (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
| ||||||
24 | Sec. 2-17. Guardian ad litem.
| ||||||
25 | (1) Immediately upon the filing of a petition alleging that |
| |||||||
| |||||||
1 | the minor is
a person described in Sections 2-3 or 2-4 of this | ||||||
2 | Article, the court shall
appoint a guardian ad litem for the | ||||||
3 | minor if:
| ||||||
4 | (a) such petition alleges that the minor is an abused | ||||||
5 | or neglected
child; or
| ||||||
6 | (b) such petition alleges that charges alleging the | ||||||
7 | commission
of any of the sex offenses defined in Article 11 | ||||||
8 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
9 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||||||
10 | Criminal Code of 1961, as amended, have been
filed against | ||||||
11 | a defendant in any court and that such minor is the alleged
| ||||||
12 | victim of the acts of defendant in the commission of such | ||||||
13 | offense.
| ||||||
14 | Unless the guardian ad litem appointed pursuant to this | ||||||
15 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
16 | the performance
of his duties by counsel. The guardian ad litem | ||||||
17 | shall represent the best
interests of the minor and shall | ||||||
18 | present recommendations to the court
consistent with that duty.
| ||||||
19 | (2) Before proceeding with the hearing, the court shall
| ||||||
20 | appoint a guardian ad litem for the minor if
| ||||||
21 | (a) no parent, guardian, custodian or relative of the | ||||||
22 | minor appears
at the first or any subsequent hearing of the | ||||||
23 | case;
| ||||||
24 | (b) the petition prays for the appointment of a | ||||||
25 | guardian with power
to consent to adoption; or
| ||||||
26 | (c) the petition for which the minor is before the |
| |||||||
| |||||||
1 | court resulted
from a report made pursuant to the Abused | ||||||
2 | and Neglected Child Reporting
Act.
| ||||||
3 | (3) The court may appoint a guardian ad litem for the minor | ||||||
4 | whenever
it finds that there may be a conflict of interest | ||||||
5 | between the minor and
his parents or other custodian or that it | ||||||
6 | is otherwise in the minor's
best interest to do so.
| ||||||
7 | (4) Unless the guardian ad litem is an attorney, he shall | ||||||
8 | be
represented by counsel.
| ||||||
9 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
10 | under this
Section shall be fixed by the court and charged to | ||||||
11 | the parents of the
minor, to the extent they are able to pay. | ||||||
12 | If the parents are unable to
pay those fees, they shall be paid | ||||||
13 | from the general fund of the county.
| ||||||
14 | (6) A guardian ad litem appointed under this Section, shall | ||||||
15 | receive
copies of any and all classified reports of child abuse | ||||||
16 | and neglect made
under the Abused and Neglected Child Reporting | ||||||
17 | Act in which the minor who
is the subject of a report under the | ||||||
18 | Abused and Neglected Child Reporting
Act, is also the minor for | ||||||
19 | whom the guardian ad litem is appointed under
this Section.
| ||||||
20 | (7) The appointed
guardian ad
litem shall remain the | ||||||
21 | child's guardian ad litem throughout the entire juvenile
trial | ||||||
22 | court
proceedings, including permanency hearings and | ||||||
23 | termination of parental rights
proceedings, unless there is a | ||||||
24 | substitution entered by order of the court.
| ||||||
25 | (8) The guardian
ad
litem or an agent of the guardian ad | ||||||
26 | litem shall have a minimum of one
in-person contact with the |
| |||||||
| |||||||
1 | minor and one contact with one
of the
current foster parents or | ||||||
2 | caregivers prior to the
adjudicatory hearing, and at
least one | ||||||
3 | additional in-person contact with the child and one contact | ||||||
4 | with
one of the
current foster
parents or caregivers after the | ||||||
5 | adjudicatory hearing but
prior to the first permanency hearing
| ||||||
6 | and one additional in-person contact with the child and one | ||||||
7 | contact with one
of the current
foster parents or caregivers | ||||||
8 | each subsequent year. For good cause shown, the
judge may | ||||||
9 | excuse face-to-face interviews required in this subsection.
| ||||||
10 | (9) In counties with a population of 100,000 or more but | ||||||
11 | less than
3,000,000, each guardian ad litem must successfully | ||||||
12 | complete a training program
approved by the Department of | ||||||
13 | Children and Family Services. The Department of
Children and | ||||||
14 | Family Services shall provide training materials and documents | ||||||
15 | to
guardians ad litem who are not mandated to attend the | ||||||
16 | training program. The
Department of Children and Family | ||||||
17 | Services shall develop
and
distribute to all guardians ad litem | ||||||
18 | a bibliography containing information
including but not | ||||||
19 | limited to the juvenile court process, termination of
parental | ||||||
20 | rights, child development, medical aspects of child abuse, and | ||||||
21 | the
child's need for safety and permanence.
| ||||||
22 | (Source: P.A. 89-462, eff. 5-29-96;
90-27, eff. 1-1-98; 90-28, | ||||||
23 | eff. 1-1-98.)
| ||||||
24 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
25 | Sec. 2-25. Order of protection.
|
| |||||||
| |||||||
1 | (1) The court may make an order of
protection in assistance | ||||||
2 | of or as a condition of any other order authorized
by this Act. | ||||||
3 | The order of protection shall be based on the health, safety
| ||||||
4 | and best interests of the minor and may set forth reasonable | ||||||
5 | conditions of
behavior to be observed for a specified period. | ||||||
6 | Such an order may require a
person:
| ||||||
7 | (a) to stay away from the home or the minor;
| ||||||
8 | (b) to permit a parent to visit the minor at stated | ||||||
9 | periods;
| ||||||
10 | (c) to abstain from offensive conduct against the | ||||||
11 | minor, his parent or
any person to whom custody of the | ||||||
12 | minor is awarded;
| ||||||
13 | (d) to give proper attention to the care of the home;
| ||||||
14 | (e) to cooperate in good faith with an agency to which | ||||||
15 | custody of a
minor is entrusted by the court or with an | ||||||
16 | agency or association to which
the minor is referred by the | ||||||
17 | court;
| ||||||
18 | (f) to prohibit and prevent any contact whatsoever with | ||||||
19 | the respondent
minor by a specified individual or | ||||||
20 | individuals who are alleged in either a
criminal or | ||||||
21 | juvenile proceeding to have caused injury to a respondent
| ||||||
22 | minor or a sibling of a respondent minor;
| ||||||
23 | (g) to refrain from acts of commission or omission that | ||||||
24 | tend to make
the home not a proper place for the minor;
| ||||||
25 | (h) to refrain from contacting the minor and the foster | ||||||
26 | parents in any
manner that is not specified in writing in |
| |||||||
| |||||||
1 | the case plan.
| ||||||
2 | (2) The court shall enter an order of protection
to | ||||||
3 | prohibit and prevent any contact between a respondent minor
or | ||||||
4 | a sibling of a respondent minor and any person named in a | ||||||
5 | petition
seeking an order of protection who has been convicted | ||||||
6 | of
heinous battery under Section 12-4.1 ,
aggravated battery of | ||||||
7 | a child under Section 12-4.3 , criminal sexual assault
under | ||||||
8 | Section 12-13 , aggravated criminal sexual assault under | ||||||
9 | Section
12-14 ,
predatory criminal sexual assault of a child | ||||||
10 | under Section 12-14.1 ,
criminal sexual abuse under Section | ||||||
11 | 12-15 , or aggravated criminal
sexual abuse as described in | ||||||
12 | under Section 12-16 of the Criminal Code of 1961, or has been
| ||||||
13 | convicted of an offense that resulted in the death of a child, | ||||||
14 | or has
violated a previous order of protection under this | ||||||
15 | Section.
| ||||||
16 | (3) When the court issues an order of protection against | ||||||
17 | any person as
provided by this Section, the court shall direct | ||||||
18 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
19 | shall furnish a copy of the order of
protection to the | ||||||
20 | Department of State Police within 24 hours of
receipt, in the | ||||||
21 | form and manner required by the Department. The Department
of | ||||||
22 | State Police shall maintain a complete record and index of such | ||||||
23 | orders
of protection and make this data available to all local | ||||||
24 | law enforcement
agencies.
| ||||||
25 | (4) After notice and opportunity for hearing afforded to a | ||||||
26 | person
subject to an order of protection, the order may be |
| |||||||
| |||||||
1 | modified or extended
for a further specified period or both or | ||||||
2 | may be terminated if the court
finds that the health, safety, | ||||||
3 | and best interests of the minor and the
public will be served
| ||||||
4 | thereby.
| ||||||
5 | (5) An order of protection may be sought at any time during | ||||||
6 | the course
of any proceeding conducted pursuant to this Act if | ||||||
7 | such an order is
consistent with the
health, safety, and best | ||||||
8 | interests of the minor. Any person against whom
an order of | ||||||
9 | protection is sought may retain counsel to represent him at a
| ||||||
10 | hearing, and has rights to be present at the hearing, to be | ||||||
11 | informed prior
to the hearing in writing of the contents of the | ||||||
12 | petition seeking a
protective order and of the date, place and | ||||||
13 | time of such hearing, and to
cross examine witnesses called by | ||||||
14 | the petitioner and to present witnesses
and argument in | ||||||
15 | opposition to the relief sought in the petition.
| ||||||
16 | (6) Diligent efforts shall be made by the petitioner to | ||||||
17 | serve any person
or persons against whom any order of | ||||||
18 | protection is sought with written
notice of the contents of the | ||||||
19 | petition seeking a protective order and
of the date, place and | ||||||
20 | time at which the hearing on the petition is to be
held. When a | ||||||
21 | protective order is being sought in conjunction with a
| ||||||
22 | temporary custody hearing, if the court finds that the person | ||||||
23 | against whom
the protective order is being sought has been | ||||||
24 | notified of the hearing or
that diligent efforts have been made | ||||||
25 | to notify such person, the court may
conduct a hearing. If a | ||||||
26 | protective order is sought at any time other than
in |
| |||||||
| |||||||
1 | conjunction with a temporary custody hearing, the court may
not | ||||||
2 | conduct a hearing on the petition in the absence of the person | ||||||
3 | against
whom the order is sought unless the petitioner has | ||||||
4 | notified such person by
personal service at least 3 days before | ||||||
5 | the hearing or has sent written
notice by first class mail to | ||||||
6 | such person's last known address at least 5
days before the | ||||||
7 | hearing.
| ||||||
8 | (7) A person against whom an order of protection is being | ||||||
9 | sought who is
neither a parent, guardian, legal custodian or | ||||||
10 | responsible relative as
described in Section 1-5 is not a party | ||||||
11 | or respondent as defined in that
Section and shall not be | ||||||
12 | entitled to the rights provided therein.
Such person does not | ||||||
13 | have a right to appointed counsel or to be
present at any | ||||||
14 | hearing other than the hearing in which the order of protection
| ||||||
15 | is being sought or a hearing directly pertaining to that order. | ||||||
16 | Unless the
court orders otherwise, such person does not have a | ||||||
17 | right to inspect the court
file.
| ||||||
18 | (8) All protective orders entered under this Section shall | ||||||
19 | be in
writing. Unless the person against whom the order was | ||||||
20 | obtained was present
in court when the order was issued, the | ||||||
21 | sheriff, other law enforcement
official or special process | ||||||
22 | server shall
promptly serve that order upon that person and | ||||||
23 | file proof of such service,
in the manner provided for service | ||||||
24 | of process in civil proceedings. The
person against whom the | ||||||
25 | protective order was obtained may seek a
modification of the | ||||||
26 | order by filing a written motion to modify the order
within 7 |
| |||||||
| |||||||
1 | days after actual receipt by the person of a copy of the order. | ||||||
2 | Any
modification of the order granted by the court must be | ||||||
3 | determined to be
consistent with the best interests of the | ||||||
4 | minor.
| ||||||
5 | (9) If a petition is filed charging a violation of a | ||||||
6 | condition contained in the
protective order and if the court | ||||||
7 | determines that this violation is of a critical service | ||||||
8 | necessary to the safety and welfare of the minor, the court may | ||||||
9 | proceed to findings and an order for temporary custody.
| ||||||
10 | (Source: P.A. 95-405, eff. 6-1-08 .)
| ||||||
11 | (705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
| ||||||
12 | Sec. 3-19. Guardian ad litem.
| ||||||
13 | (1) Immediately upon the filing of a
petition alleging that | ||||||
14 | the minor requires authoritative intervention,
the court may | ||||||
15 | appoint a guardian ad litem for the minor if
| ||||||
16 | (a) such petition alleges that the minor is the victim | ||||||
17 | of sexual
abuse or misconduct; or
| ||||||
18 | (b) such petition alleges that charges alleging the | ||||||
19 | commission
of any of the sex offenses defined in Article 11 | ||||||
20 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
21 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||||||
22 | Criminal
Code of 1961, as amended, have been filed against | ||||||
23 | a defendant in
any court and that such minor is the alleged | ||||||
24 | victim of the acts
of the defendant in the commission of | ||||||
25 | such offense.
|
| |||||||
| |||||||
1 | (2) Unless the guardian ad litem appointed pursuant to | ||||||
2 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
3 | the performance
of his duties by counsel.
| ||||||
4 | (3) Before proceeding with the hearing, the court shall
| ||||||
5 | appoint a guardian ad litem for the minor if
| ||||||
6 | (a) no parent, guardian, custodian or relative of the | ||||||
7 | minor appears
at the first or any subsequent hearing of the | ||||||
8 | case;
| ||||||
9 | (b) the petition prays for the appointment of a | ||||||
10 | guardian with power
to consent to adoption; or
| ||||||
11 | (c) the petition for which the minor is before the | ||||||
12 | court resulted
from a report made pursuant to the Abused | ||||||
13 | and Neglected Child Reporting Act.
| ||||||
14 | (4) The court may appoint a guardian ad litem for the minor | ||||||
15 | whenever
it finds that there may be a conflict of interest | ||||||
16 | between the minor and
his parents or other custodian or that it | ||||||
17 | is otherwise in the minor's
interest to do so.
| ||||||
18 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
19 | under this
Section shall be fixed by the court and charged to | ||||||
20 | the parents of the
minor, to the extent they are able to pay. | ||||||
21 | If the parents are unable to
pay those fees, they shall be paid | ||||||
22 | from the general fund of the county.
| ||||||
23 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
24 | (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||||||
25 | Sec. 3-26. Order of protection.
|
| |||||||
| |||||||
1 | (1) The court may make an order of
protection in assistance | ||||||
2 | of or as a
condition of any other order authorized by this Act. | ||||||
3 | The order of
protection may set forth reasonable conditions of | ||||||
4 | behavior to be observed
for a specified period. Such an order | ||||||
5 | 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 | (2) The court shall enter an order of protection
to | ||||||
25 | prohibit and prevent any contact between a respondent minor
or | ||||||
26 | a sibling of a respondent minor and any person named in a |
| |||||||
| |||||||
1 | petition
seeking an order of protection who has been convicted | ||||||
2 | of
heinous battery under Section 12-4.1 ,
aggravated battery of | ||||||
3 | a child under Section 12-4.3 , criminal sexual assault
under | ||||||
4 | Section 12-13 , aggravated criminal sexual assault under | ||||||
5 | Section
12-14 ,
predatory criminal sexual assault of a child | ||||||
6 | under Section 12-14.1 ,
criminal sexual abuse under Section | ||||||
7 | 12-15 , or aggravated criminal
sexual abuse as described in | ||||||
8 | under 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 such | ||||||
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
thereby.
| ||||||
26 | (5) An order of protection may be sought at any time during |
| |||||||
| |||||||
1 | the course
of any proceeding conducted pursuant to this Act. | ||||||
2 | Any person against whom
an order of protection is sought may | ||||||
3 | retain counsel to represent him at a
hearing, and has rights to | ||||||
4 | be present at the hearing, to be informed prior
to the hearing | ||||||
5 | in writing of the contents of the petition seeking a
protective | ||||||
6 | order and of the date, place and time of such hearing, and to
| ||||||
7 | cross examine witnesses called by the petitioner and to present | ||||||
8 | witnesses
and argument in opposition to the relief sought in | ||||||
9 | the petition.
| ||||||
10 | (6) Diligent efforts shall be made by the petitioner to | ||||||
11 | serve any person
or persons against whom any order of | ||||||
12 | protection is sought with written
notice of the contents of the | ||||||
13 | petition seeking a protective order and
of the date, place and | ||||||
14 | time at
which the hearing on the petition is to be held. When a | ||||||
15 | protective order
is being sought in conjunction with a shelter | ||||||
16 | care hearing, if
the court finds that the person against whom | ||||||
17 | the protective order is being
sought has been notified of the | ||||||
18 | hearing or that diligent efforts have been
made to notify such | ||||||
19 | person, the court may conduct a hearing. If a
protective order | ||||||
20 | is sought at any time other than in conjunction with a
shelter | ||||||
21 | care hearing, the court may not conduct a hearing on
the | ||||||
22 | petition in the absence of the person against whom the order is | ||||||
23 | sought
unless the petitioner has notified such person by | ||||||
24 | personal service at least
3 days before the hearing or has sent | ||||||
25 | written notice by first class
mail to such person's last known | ||||||
26 | address at least 5 days before the hearing.
|
| |||||||
| |||||||
1 | (7) A person against whom an order of protection is being | ||||||
2 | sought who is
neither a parent, guardian, legal custodian or | ||||||
3 | responsible relative as
described in Section 1-5 is not a party | ||||||
4 | or respondent as defined in that
Section and shall not be | ||||||
5 | entitled to the rights provided therein.
Such person does not | ||||||
6 | have a right to appointed counsel or to be
present at any | ||||||
7 | hearing other than the hearing in which the order of
protection | ||||||
8 | is being sought or a hearing directly pertaining to that order.
| ||||||
9 | Unless the court orders otherwise, such person does not have a | ||||||
10 | right to
inspect the court file.
| ||||||
11 | (8) All protective orders entered under this Section shall | ||||||
12 | be in
writing. Unless the person against whom the order was | ||||||
13 | obtained was present
in court when the order was issued,
the | ||||||
14 | sheriff, other law enforcement official or special process | ||||||
15 | server shall
promptly serve that order upon that person and | ||||||
16 | file proof of such service,
in the manner provided for service | ||||||
17 | of process in civil proceedings. The
person against whom the | ||||||
18 | protective order was obtained may seek a
modification of the | ||||||
19 | order by filing a written motion to modify the order
within 7 | ||||||
20 | days after actual receipt by the person of a copy of the order.
| ||||||
21 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
22 | 90-655, eff.
7-30-98.)
| ||||||
23 | (705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
| ||||||
24 | Sec. 4-16. Guardian ad litem.
| ||||||
25 | (1) Immediately upon the filing of a
petition alleging that |
| |||||||
| |||||||
1 | the minor is a person described in Section 4-3 of
this Act, the | ||||||
2 | court may appoint a guardian ad litem for the minor if:
| ||||||
3 | (a) such petition alleges that the minor is the victim | ||||||
4 | of sexual
abuse or misconduct; or
| ||||||
5 | (b) such petition alleges that charges alleging the | ||||||
6 | commission
of any of the sex offenses defined in Article 11 | ||||||
7 | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
8 | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||||||
9 | Criminal
Code of 1961, as amended, have been filed against | ||||||
10 | a defendant in
any court and that such minor is the alleged | ||||||
11 | victim of the acts
of the defendant in the commission of | ||||||
12 | such offense.
| ||||||
13 | Unless the guardian ad litem appointed pursuant to this | ||||||
14 | paragraph
(1) is an attorney at law he shall be represented in | ||||||
15 | the performance
of his duties by counsel.
| ||||||
16 | (2) Before proceeding with the hearing, the court shall
| ||||||
17 | appoint a guardian ad litem for the minor if
| ||||||
18 | (a) no parent, guardian, custodian or relative of the | ||||||
19 | minor appears
at the first or any subsequent hearing of the | ||||||
20 | case;
| ||||||
21 | (b) the petition prays for the appointment of a | ||||||
22 | guardian with power
to consent to adoption; or
| ||||||
23 | (c) the petition for which the minor is before the | ||||||
24 | court resulted
from a report made pursuant to the Abused | ||||||
25 | and Neglected Child Reporting Act.
| ||||||
26 | (3) The court may appoint a guardian ad litem for the minor |
| |||||||
| |||||||
1 | whenever
it finds that there may be a conflict of interest | ||||||
2 | between the minor and
his parents or other custodian or that it | ||||||
3 | is otherwise in the minor's
interest to do so.
| ||||||
4 | (4) Unless the guardian ad litem is an attorney, he shall | ||||||
5 | be
represented by counsel.
| ||||||
6 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
7 | under this
Section shall be fixed by the court and charged to | ||||||
8 | the parents of the
minor, to the extent they are able to pay. | ||||||
9 | If the parents are unable to
pay those fees, they shall be paid | ||||||
10 | from the general fund of the county.
| ||||||
11 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
12 | (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||||||
13 | Sec. 4-23. 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 ,
aggravated battery of | ||||||
17 | a child under Section 12-4.3 , criminal sexual assault
under | ||||||
18 | Section 12-13 , aggravated criminal sexual assault under | ||||||
19 | Section
12-14 ,
predatory criminal sexual assault of a child | ||||||
20 | under Section 12-14.1 ,
criminal sexual abuse under Section | ||||||
21 | 12-15 , or aggravated criminal
sexual abuse as described in | ||||||
22 | under Section 12-16 of the Criminal Code of 1961, or has been
| ||||||
23 | convicted of an offense that resulted in the death of a child, | ||||||
24 | or has
violated a previous order of protection under this | ||||||
25 | Section.
| ||||||
26 | (3) When the court issues an order of protection against |
| |||||||
| |||||||
1 | any person as
provided by this Section, the court shall direct | ||||||
2 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
3 | shall furnish a copy of the
order of protection to the | ||||||
4 | Department of State Police within 24
hours of
receipt, in the | ||||||
5 | form and manner required by the Department. The Department
of | ||||||
6 | State Police shall maintain a complete record and index of such | ||||||
7 | orders
of protection and make this data available to all local | ||||||
8 | law enforcement
agencies.
| ||||||
9 | (4) After notice and opportunity for hearing afforded to a | ||||||
10 | person
subject to an order of protection, the order may be | ||||||
11 | modified or extended
for a further specified period or both or | ||||||
12 | may be terminated if the court
finds that the best interests of | ||||||
13 | the minor and the public will be served
thereby.
| ||||||
14 | (5) An order of protection may be sought at any time during | ||||||
15 | the course
of any proceeding conducted pursuant to this Act. | ||||||
16 | Any person against whom
an order of protection is sought may | ||||||
17 | retain counsel to represent him at a
hearing, and has rights to | ||||||
18 | be present at the hearing, to be informed prior
to the hearing | ||||||
19 | in writing of the contents of the petition seeking a
protective | ||||||
20 | order and of the date, place and time of such hearing, and to
| ||||||
21 | cross examine witnesses called by the petitioner and to present | ||||||
22 | witnesses
and argument in opposition to the relief sought in | ||||||
23 | the petition.
| ||||||
24 | (6) Diligent efforts shall be made by the petitioner to | ||||||
25 | serve any person
or persons against whom any order of | ||||||
26 | protection is sought with written
notice of the contents of the |
| |||||||
| |||||||
1 | petition seeking a protective order and
of the date, place and | ||||||
2 | time at
which the hearing on the petition is to be held. When a | ||||||
3 | protective order
is being sought in conjunction with a shelter | ||||||
4 | care hearing, if
the court finds that the person against whom | ||||||
5 | the protective order is being
sought has been notified of the | ||||||
6 | hearing or that diligent efforts have been
made to notify such | ||||||
7 | person, the court may conduct a hearing. If a
protective order | ||||||
8 | is sought at any time other than in conjunction with a
shelter | ||||||
9 | care hearing, the court may not conduct a hearing on
the | ||||||
10 | petition in the absence of the person against whom the order is | ||||||
11 | sought
unless the petitioner has notified such person by | ||||||
12 | personal service at least
3 days before the hearing or has sent | ||||||
13 | written notice by first class
mail to such person's last known | ||||||
14 | address at least 5 days before the hearing.
| ||||||
15 | (7) A person against whom an order of protection is being | ||||||
16 | sought who is
neither a parent, guardian, legal custodian or | ||||||
17 | responsible relative as
described in Section 1-5 is not a party | ||||||
18 | or respondent as defined in that
Section and shall not be | ||||||
19 | entitled to the rights provided therein.
Such person does not | ||||||
20 | have a right to appointed counsel or to be
present at any | ||||||
21 | hearing other than the hearing in which the order of
protection | ||||||
22 | is being sought or a hearing directly pertaining to that order.
| ||||||
23 | Unless the court orders otherwise, such person does not have a | ||||||
24 | right to
inspect the court file.
| ||||||
25 | (8) All protective orders entered under this Section shall | ||||||
26 | be in
writing. Unless the person against whom the order was |
| |||||||
| |||||||
1 | obtained was present
in court when the order was issued,
the | ||||||
2 | sheriff, other law enforcement official or special process | ||||||
3 | server shall
promptly serve that order upon that person and | ||||||
4 | file proof of such service,
in the manner provided for service | ||||||
5 | of process in civil proceedings. The
person against whom the | ||||||
6 | protective order was obtained may seek a
modification of the | ||||||
7 | order by filing a written motion to modify the order
within 7 | ||||||
8 | days after actual receipt by the person of a copy of the order.
| ||||||
9 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
10 | 90-655, eff.
7-30-98.)
| ||||||
11 | (705 ILCS 405/5-170)
| ||||||
12 | Sec. 5-170. Representation by counsel.
| ||||||
13 | (a) In a proceeding
under this Article, a minor who was | ||||||
14 | under 13 years of age at the time of the
commission of an act | ||||||
15 | that if committed by an adult would be a violation of
Section | ||||||
16 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, | ||||||
17 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or | ||||||
18 | 12-16 of the Criminal Code of 1961 must be represented by | ||||||
19 | counsel
during the entire custodial interrogation of the minor. | ||||||
20 | (b) In a judicial proceeding
under this Article, a minor | ||||||
21 | may not waive the right to the assistance of counsel in his or | ||||||
22 | her defense.
| ||||||
23 | (Source: P.A. 94-345, eff. 7-26-05.)
| ||||||
24 | (705 ILCS 405/5-730)
|
| |||||||
| |||||||
1 | Sec. 5-730. Order of protection.
| ||||||
2 | (1) The court may make an order of protection in assistance | ||||||
3 | of or as a
condition of any other order authorized by this Act. | ||||||
4 | The order of protection
may set forth reasonable conditions of | ||||||
5 | behavior to be observed for a specified
period. The order may | ||||||
6 | require a
person:
| ||||||
7 | (a) to stay away from the home or the minor;
| ||||||
8 | (b) to permit a parent to visit the minor at stated | ||||||
9 | periods;
| ||||||
10 | (c) to abstain from offensive conduct against the | ||||||
11 | minor, his or her parent
or any
person to whom custody of | ||||||
12 | the minor is awarded;
| ||||||
13 | (d) to give proper attention to the care of the home;
| ||||||
14 | (e) to cooperate in good faith with an agency to which | ||||||
15 | custody of a minor
is entrusted by the court or with an | ||||||
16 | agency or association to which the minor
is referred by the | ||||||
17 | court;
| ||||||
18 | (f) to prohibit and prevent any contact whatsoever with | ||||||
19 | the respondent
minor by a specified individual or | ||||||
20 | individuals who are alleged in either a
criminal or | ||||||
21 | juvenile proceeding to have caused injury to a respondent | ||||||
22 | minor or
a sibling of a respondent minor;
| ||||||
23 | (g) to refrain from acts of commission or omission that | ||||||
24 | tend to make the
home not a proper place for the minor.
| ||||||
25 | (2) The court shall enter an order of protection to | ||||||
26 | prohibit and prevent
any contact between a respondent minor or |
| |||||||
| |||||||
1 | a sibling of a respondent minor and
any person named in a | ||||||
2 | petition seeking an order of protection who has been
convicted | ||||||
3 | of heinous battery under
Section 12-4.1 , aggravated battery of | ||||||
4 | a child under Section 12-4.3 , criminal
sexual assault under | ||||||
5 | Section 12-13 , aggravated criminal sexual assault under
| ||||||
6 | Section 12-14 , predatory criminal sexual assault of a child | ||||||
7 | under Section
12-14.1 , criminal sexual abuse under Section
| ||||||
8 | 12-15 , or aggravated criminal sexual abuse as described in | ||||||
9 | under Section 12-16 of the Criminal
Code of 1961, or has been | ||||||
10 | convicted of an offense that resulted in the death of
a child, | ||||||
11 | or has violated a previous order of protection under this | ||||||
12 | Section.
| ||||||
13 | (3) When the court issues an order of protection against | ||||||
14 | any person as
provided by this Section, the court shall direct | ||||||
15 | a copy of such order to the
sheriff of that county. The sheriff | ||||||
16 | shall furnish a copy of the order of
protection to the | ||||||
17 | Department of State Police within 24 hours of receipt, in the
| ||||||
18 | form and manner required by the Department. The Department of | ||||||
19 | State Police
shall maintain a complete record and index of the | ||||||
20 | orders of protection and
make this data available to all local | ||||||
21 | law enforcement agencies.
| ||||||
22 | (4) After notice and opportunity for hearing afforded to a | ||||||
23 | person subject
to an order of protection, the order may be | ||||||
24 | modified or extended for a further
specified period or both or | ||||||
25 | may be terminated if the court finds that the best
interests of | ||||||
26 | the minor and the public will be served by the modification,
|
| |||||||
| |||||||
1 | extension, or termination.
| ||||||
2 | (5) An order of protection may be sought at any time during | ||||||
3 | the course of
any proceeding conducted under this Act. Any | ||||||
4 | person against whom an
order of protection is sought may retain | ||||||
5 | counsel to represent him or her at a
hearing,
and has rights to | ||||||
6 | be present at the hearing, to be informed prior to the
hearing | ||||||
7 | in writing of the contents of the petition seeking a protective | ||||||
8 | order
and of the date, place, and time of the hearing, and to | ||||||
9 | cross-examine
witnesses called by the petitioner and to present | ||||||
10 | witnesses and argument in
opposition to the relief sought in | ||||||
11 | the petition.
| ||||||
12 | (6) Diligent efforts shall be made by the petitioner to | ||||||
13 | serve any person
or persons against whom any order of | ||||||
14 | protection is sought with written notice
of the contents of the | ||||||
15 | petition seeking a protective order and of the date,
place and | ||||||
16 | time at which the hearing on the petition is to be held. When a
| ||||||
17 | protective order is being sought in conjunction with a shelter | ||||||
18 | care or
detention hearing, if the court finds that the person | ||||||
19 | against whom the
protective order is being sought has been | ||||||
20 | notified of the hearing or that
diligent efforts have been made | ||||||
21 | to notify the person, the court may conduct a
hearing. If a | ||||||
22 | protective order is sought at any
time other than in | ||||||
23 | conjunction with a shelter care or detention hearing, the
court | ||||||
24 | may not conduct a hearing on the petition in the absence of the | ||||||
25 | person
against whom the order is sought unless the petitioner | ||||||
26 | has notified the person
by personal service at least 3 days |
| |||||||
| |||||||
1 | before the hearing or has sent written
notice by first class | ||||||
2 | mail to the person's last known address at least 5 days
before | ||||||
3 | the hearing.
| ||||||
4 | (7) A person against whom an order of protection is being | ||||||
5 | sought who is
neither a parent, guardian, or legal custodian or | ||||||
6 | responsible relative as
described in Section 1-5 of this Act or | ||||||
7 | is not a party or respondent as defined
in
that
Section shall | ||||||
8 | not be entitled to the rights provided in that Section. The
| ||||||
9 | person does not have a right to appointed counsel or to be | ||||||
10 | present at
any hearing other than the hearing in which the | ||||||
11 | order of protection is being
sought or a hearing directly | ||||||
12 | pertaining to that order. Unless the court orders
otherwise, | ||||||
13 | the person does not have a right to inspect the court file.
| ||||||
14 | (8) All protective orders entered under this Section shall | ||||||
15 | be in writing.
Unless the person against whom the order was | ||||||
16 | obtained was present in court when
the order was issued, the | ||||||
17 | sheriff, other law enforcement official, or special
process | ||||||
18 | server shall promptly serve that order upon that person and | ||||||
19 | file proof
of that service, in the manner provided for service | ||||||
20 | of process in civil
proceedings. The person against whom the | ||||||
21 | protective order was obtained may
seek a modification of the | ||||||
22 | order by filing a written motion to modify the order
within 7 | ||||||
23 | days
after actual receipt by the person of a copy of the order.
| ||||||
24 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
25 | Section 1035. The Criminal Code of 1961 is amended by |
| |||||||
| |||||||
1 | changing Sections 1-6, 2-10.1, 3-5, 3-6, 8-2, 12-3.2, 12-11, | ||||||
2 | 12-18.1, 12-30, 36-1, and 37-1 as follows:
| ||||||
3 | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| ||||||
4 | Sec. 1-6. Place of trial.
| ||||||
5 | (a) Generally.
| ||||||
6 | Criminal actions shall be tried
in the county where the | ||||||
7 | offense was committed, except as otherwise provided
by law. The | ||||||
8 | State is not required to prove during trial that the alleged
| ||||||
9 | offense occurred in any particular county in this State. When a | ||||||
10 | defendant
contests the place of trial under this Section, all | ||||||
11 | proceedings regarding this
issue shall be conducted under | ||||||
12 | Section 114-1 of the Code of Criminal Procedure
of 1963. All | ||||||
13 | objections of improper place of trial are waived by a defendant
| ||||||
14 | unless made before trial.
| ||||||
15 | (b) Assailant and Victim in Different Counties.
| ||||||
16 | If a person committing an offense upon the person of | ||||||
17 | another is
located in one county and his victim is located in | ||||||
18 | another county at the
time of the commission of the offense, | ||||||
19 | trial may be had in either of
said counties.
| ||||||
20 | (c) Death and Cause of Death in Different Places or | ||||||
21 | Undetermined.
| ||||||
22 | If cause of death is inflicted in one county and death | ||||||
23 | ensues in
another county, the offender may be tried in either | ||||||
24 | county. If neither
the county in which the cause of death was | ||||||
25 | inflicted nor the county in which
death ensued are known before |
| |||||||
| |||||||
1 | trial, the offender may be tried in the county
where the body | ||||||
2 | was found.
| ||||||
3 | (d) Offense Commenced Outside the State.
| ||||||
4 | If the commission of an offense commenced outside the State | ||||||
5 | is
consummated within this State, the offender shall be tried | ||||||
6 | in the county
where the offense is consummated.
| ||||||
7 | (e) Offenses Committed in Bordering Navigable Waters.
| ||||||
8 | If an offense is committed on any of the navigable waters | ||||||
9 | bordering
on this State, the offender may be tried in any | ||||||
10 | county adjacent to such
navigable water.
| ||||||
11 | (f) Offenses Committed while in Transit.
| ||||||
12 | If an offense is committed upon any railroad car, vehicle, | ||||||
13 | watercraft
or aircraft passing within this State, and it cannot | ||||||
14 | readily be
determined in which county the offense was | ||||||
15 | committed, the offender may
be tried in any county through | ||||||
16 | which such railroad car, vehicle,
watercraft or aircraft has | ||||||
17 | passed.
| ||||||
18 | (g) Theft.
| ||||||
19 | A person who commits theft of property may be tried in any | ||||||
20 | county in
which he exerted control over such property.
| ||||||
21 | (h) Bigamy.
| ||||||
22 | A person who commits the offense of bigamy may be tried in | ||||||
23 | any county
where the bigamous marriage or bigamous cohabitation | ||||||
24 | has occurred.
| ||||||
25 | (i) Kidnaping.
| ||||||
26 | A person who commits the offense of kidnaping may be tried |
| |||||||
| |||||||
1 | in any
county in which his victim has traveled or has been | ||||||
2 | confined during the
course of the offense.
| ||||||
3 | (j) Pandering.
| ||||||
4 | A person who commits the offense of pandering as set forth | ||||||
5 | in Section 11-14.3 may be tried in any
county in which the | ||||||
6 | prostitution was practiced or in any county in which
any act in | ||||||
7 | furtherance of the offense shall have been committed.
| ||||||
8 | (k) Treason.
| ||||||
9 | A person who commits the offense of treason may be tried in | ||||||
10 | any
county.
| ||||||
11 | (l) Criminal Defamation.
| ||||||
12 | If criminal defamation is spoken, printed or written in one | ||||||
13 | county
and is received or circulated in another or other | ||||||
14 | counties, the offender
shall be tried in the county where the | ||||||
15 | defamation is spoken, printed or
written. If the defamation is | ||||||
16 | spoken, printed or written outside this
state, or the offender | ||||||
17 | resides outside this state, the offender may be
tried in any | ||||||
18 | county in this state in which the defamation was circulated
or | ||||||
19 | received.
| ||||||
20 | (m) Inchoate Offenses.
| ||||||
21 | A person who commits an inchoate offense may be tried in | ||||||
22 | any county
in which any act which is an element of the offense, | ||||||
23 | including the
agreement in conspiracy, is committed.
| ||||||
24 | (n) Accountability for Conduct of Another.
| ||||||
25 | Where a person in one county solicits, aids, abets, agrees, | ||||||
26 | or
attempts to aid another in the planning or commission of an |
| |||||||
| |||||||
1 | offense in
another county, he may be tried for the offense in | ||||||
2 | either county.
| ||||||
3 | (o) Child Abduction.
| ||||||
4 | A person who commits the offense of child abduction may be | ||||||
5 | tried in any
county in which his victim has traveled, been | ||||||
6 | detained, concealed or
removed to during the course of the | ||||||
7 | offense. Notwithstanding the foregoing,
unless for good cause | ||||||
8 | shown, the preferred place of trial shall be the
county of the | ||||||
9 | residence of the lawful custodian.
| ||||||
10 | (p) A person who commits the offense of narcotics | ||||||
11 | racketeering may be
tried in any county where cannabis or a | ||||||
12 | controlled substance which is the
basis for the charge of | ||||||
13 | narcotics racketeering was used; acquired;
transferred or | ||||||
14 | distributed to, from or through; or any county where any act
| ||||||
15 | was performed to further the use; acquisition, transfer or | ||||||
16 | distribution of
said cannabis or controlled substance; any | ||||||
17 | money, property, property
interest, or any other asset | ||||||
18 | generated by narcotics activities was
acquired, used, sold, | ||||||
19 | transferred or distributed to, from or through; or,
any | ||||||
20 | enterprise interest obtained as a result of narcotics | ||||||
21 | racketeering was
acquired, used, transferred or distributed | ||||||
22 | to, from or through, or where
any activity was conducted by the | ||||||
23 | enterprise or any conduct to further the
interests of such an | ||||||
24 | enterprise.
| ||||||
25 | (q) A person who commits the offense of money laundering | ||||||
26 | may be tried in
any county where any part of a financial |
| |||||||
| |||||||
1 | transaction in criminally derived
property took place or in any | ||||||
2 | county where any money or monetary instrument
which is the | ||||||
3 | basis for the offense was acquired, used, sold, transferred or
| ||||||
4 | distributed to, from or through.
| ||||||
5 | (r) A person who commits the offense of cannabis | ||||||
6 | trafficking or
controlled substance trafficking may be tried in | ||||||
7 | any county. | ||||||
8 | (s) A person who commits the offense of online sale of | ||||||
9 | stolen property, online theft by deception, or electronic | ||||||
10 | fencing may be tried in any county where any one or more | ||||||
11 | elements of the offense took place, regardless of whether the | ||||||
12 | element of the offense was the result of acts by the accused, | ||||||
13 | the victim or by another person, and regardless of whether the | ||||||
14 | defendant was ever physically present within the boundaries of | ||||||
15 | the county. | ||||||
16 | (t) A person who commits the offense of identity theft or | ||||||
17 | aggravated identity theft may be tried in any one of the | ||||||
18 | following counties in which: (1) the offense occurred;
(2) the | ||||||
19 | information used to commit the offense was illegally used;
or | ||||||
20 | (3) the victim resides. | ||||||
21 | If a person is charged with more than one violation of | ||||||
22 | identity theft or aggravated identity theft and those | ||||||
23 | violations may be tried in more than one county, any of those | ||||||
24 | counties is a proper venue for all of the violations.
| ||||||
25 | (Source: P.A. 94-51, eff. 1-1-06; 94-179, eff. 7-12-05; 95-331, | ||||||
26 | eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
| ||||||
2 | Sec. 2-10.1.
"Severely or profoundly mentally retarded
| ||||||
3 | person" means a person (i)
whose intelligence quotient does not | ||||||
4 | exceed 40 or (ii) whose
intelligence quotient does not exceed | ||||||
5 | 55 and who suffers
from
significant mental illness to the | ||||||
6 | extent that the person's ability to exercise
rational judgment | ||||||
7 | is impaired. In any proceeding in which the defendant is
| ||||||
8 | charged with committing a violation of Section 10-2, 10-5, | ||||||
9 | 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, | ||||||
10 | 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16 of this Code against | ||||||
11 | a victim who is
alleged to be a severely or profoundly mentally
| ||||||
12 | retarded
person, any findings concerning the victim's status as | ||||||
13 | a
severely or profoundly mentally retarded person, made by a | ||||||
14 | court after a
judicial admission hearing concerning the victim | ||||||
15 | under Articles V and VI of
Chapter 4 of the Mental Health and | ||||||
16 | Developmental Disabilities Code
shall be admissible.
| ||||||
17 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
18 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| ||||||
19 | Sec. 3-5. General Limitations. | ||||||
20 | (a) A prosecution for: (1) first degree murder, attempt to | ||||||
21 | commit first
degree
murder, second degree murder,
involuntary | ||||||
22 | manslaughter, reckless homicide, leaving the scene of a motor | ||||||
23 | vehicle accident involving death or personal injuries under | ||||||
24 | Section 11-401 of the Illinois Vehicle Code, failing to give |
| |||||||
| |||||||
1 | information and render aid under Section 11-403 of the Illinois | ||||||
2 | Vehicle Code, concealment of homicidal
death, treason, arson, | ||||||
3 | aggravated arson, forgery, child pornography under paragraph | ||||||
4 | (1) of subsection (a) of Section 11-20.1, aggravated child | ||||||
5 | pornography under paragraph (1) of subsection (a) of Section | ||||||
6 | 11-20.1B 11-20.3 , or (2) any offense
involving sexual conduct | ||||||
7 | or sexual penetration, as defined by
Section 11-0.1 12-12 of | ||||||
8 | this Code in which the DNA profile of the offender is
obtained | ||||||
9 | and entered into a DNA database within 10 years after the | ||||||
10 | commission
of the offense, may be commenced at any
time.
Clause | ||||||
11 | (2) of this subsection (a) applies if either: (i) the victim | ||||||
12 | reported the
offense to law enforcement authorities within 3 | ||||||
13 | years after the commission
of the offense unless a longer | ||||||
14 | period for reporting the offense to law
enforcement authorities
| ||||||
15 | is provided in Section 3-6 or (ii) the victim is murdered | ||||||
16 | during the course of the offense or within 2 years after the | ||||||
17 | commission of the offense.
| ||||||
18 | (b) Unless the statute describing the offense provides | ||||||
19 | otherwise, or the
period of limitation is extended by Section | ||||||
20 | 3-6, a prosecution for any
offense not designated in Subsection | ||||||
21 | (a) must be commenced within 3 years
after the commission of | ||||||
22 | the offense if it is a felony, or within one year
and 6 months | ||||||
23 | after its commission if it is a misdemeanor.
| ||||||
24 | (Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
| ||||||
25 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
|
| |||||||
| |||||||
1 | Sec. 3-6. Extended limitations. The period within which a | ||||||
2 | prosecution
must be commenced under the provisions of Section | ||||||
3 | 3-5 or other applicable
statute is extended under the following | ||||||
4 | conditions:
| ||||||
5 | (a) A prosecution for theft involving a breach of a | ||||||
6 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
7 | as follows:
| ||||||
8 | (1) If the aggrieved person is a minor or a person | ||||||
9 | under legal disability,
then during the minority or legal | ||||||
10 | disability or within one year after the
termination | ||||||
11 | thereof.
| ||||||
12 | (2) In any other instance, within one year after the | ||||||
13 | discovery of the
offense by an aggrieved person, or by a | ||||||
14 | person who has legal capacity to
represent an aggrieved | ||||||
15 | person or has a legal duty to report the offense,
and is | ||||||
16 | not himself or herself a party to the offense; or in the | ||||||
17 | absence of such
discovery, within one year after the proper | ||||||
18 | prosecuting officer becomes
aware of the offense. However, | ||||||
19 | in no such case is the period of limitation
so extended | ||||||
20 | more than 3 years beyond the expiration of the period | ||||||
21 | otherwise
applicable.
| ||||||
22 | (b) A prosecution for any offense based upon misconduct in | ||||||
23 | office by a
public officer or employee may be commenced within | ||||||
24 | one year after discovery
of the offense by a person having a | ||||||
25 | legal duty to report such offense, or
in the absence of such | ||||||
26 | discovery, within one year after the proper
prosecuting officer |
| |||||||
| |||||||
1 | becomes aware of the offense. However, in no such case
is the | ||||||
2 | period of limitation so extended more than 3 years beyond the
| ||||||
3 | expiration of the period otherwise applicable.
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) A prosecution for child pornography, aggravated child | ||||||
6 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
7 | juvenile prostitute, juvenile pimping , or
exploitation of a | ||||||
8 | child , or promoting juvenile prostitution except for keeping a | ||||||
9 | place of juvenile prostitution may be commenced within one year | ||||||
10 | of the victim
attaining the age of 18 years. However, in no | ||||||
11 | such case shall the time
period for prosecution expire sooner | ||||||
12 | than 3 years after the commission of
the offense. When the | ||||||
13 | victim is under 18 years of age, a prosecution for
criminal
| ||||||
14 | sexual abuse may be commenced within
one year of the victim | ||||||
15 | attaining the age of 18 years. However, in no such
case shall | ||||||
16 | the time period for prosecution expire sooner than 3 years | ||||||
17 | after
the commission of the offense.
| ||||||
18 | (e) Except as otherwise provided in subdivision (j), a | ||||||
19 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
20 | penetration, as defined in Section 11-0.1 12-12 of this Code, | ||||||
21 | where the defendant
was within a professional or fiduciary | ||||||
22 | relationship or a purported
professional or fiduciary | ||||||
23 | relationship with the victim at the
time of the commission of | ||||||
24 | the offense may be commenced within one year
after the | ||||||
25 | discovery of the offense by the victim.
| ||||||
26 | (f) A prosecution for any offense set forth in Section 44
|
| |||||||
| |||||||
1 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
2 | as amended,
may be commenced within 5 years after the discovery | ||||||
3 | of such
an offense by a person or agency having the legal duty | ||||||
4 | to report the
offense or in the absence of such discovery, | ||||||
5 | within 5 years
after the proper prosecuting officer becomes | ||||||
6 | aware of the offense.
| ||||||
7 | (f-5) A prosecution for any offense set forth in Section | ||||||
8 | 16G-15 or 16G-20 of this Code may be commenced within 5 years | ||||||
9 | after the discovery of the offense by the victim of that | ||||||
10 | offense.
| ||||||
11 | (g) (Blank).
| ||||||
12 | (h) (Blank).
| ||||||
13 | (i) Except as otherwise provided in subdivision (j), a | ||||||
14 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
15 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
16 | commenced within 10
years of the commission of the offense if | ||||||
17 | the victim reported the offense to
law enforcement authorities | ||||||
18 | within 3 years after the commission of the offense.
| ||||||
19 | Nothing in this subdivision (i) shall be construed to
| ||||||
20 | shorten a period within which a prosecution must be commenced | ||||||
21 | under any other
provision of this Section.
| ||||||
22 | (j) When the victim is under 18 years of age at the time of | ||||||
23 | the offense, a
prosecution
for criminal sexual assault, | ||||||
24 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
25 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
26 | criminal sexual abuse, or a
prosecution for failure of a person |
| |||||||
| |||||||
1 | who is required to report an alleged
or suspected commission of | ||||||
2 | any of these offenses under the Abused and Neglected
Child | ||||||
3 | Reporting Act may be
commenced within 20 years after the child | ||||||
4 | victim attains 18
years of age. When the victim is under 18 | ||||||
5 | years of age at the time of the offense, a
prosecution
for | ||||||
6 | misdemeanor criminal sexual abuse may be
commenced within 10 | ||||||
7 | years after the child victim attains 18
years of age.
| ||||||
8 | Nothing in this subdivision (j) shall be construed to
| ||||||
9 | shorten a period within which a prosecution must be commenced | ||||||
10 | under any other
provision of this Section.
| ||||||
11 | (k) A prosecution for theft involving real property | ||||||
12 | exceeding $100,000 in value under Section 16-1, identity theft | ||||||
13 | under Section 16G-15, aggravated identity theft under Section | ||||||
14 | 16G-20, or any offense set forth in Article 16H may be | ||||||
15 | commenced within 7 years of the last act committed in | ||||||
16 | furtherance of the crime.
| ||||||
17 | (Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
| ||||||
18 | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
| ||||||
19 | Sec. 8-2. Conspiracy. | ||||||
20 | (a) Elements of the offense.
A person commits the offense | ||||||
21 | of conspiracy when, with intent that an offense be
committed, | ||||||
22 | he or she agrees with another to the commission of that | ||||||
23 | offense. No
person may be convicted of conspiracy to commit an | ||||||
24 | offense unless an act in
furtherance of that agreement is | ||||||
25 | alleged and proved to have been committed
by him or her or by a |
| |||||||
| |||||||
1 | co-conspirator.
| ||||||
2 | (b) Co-conspirators. It is not a defense to conspiracy that | ||||||
3 | the person or persons with
whom the accused is alleged to have | ||||||
4 | conspired:
| ||||||
5 | (1) have not been prosecuted or convicted,
| ||||||
6 | (2) have been convicted of a different offense,
| ||||||
7 | (3) are not amenable to justice,
| ||||||
8 | (4) have been acquitted, or
| ||||||
9 | (5) lacked the capacity to commit an offense.
| ||||||
10 | (c) Sentence.
| ||||||
11 | (1) Except as otherwise provided in this subsection or | ||||||
12 | Code, a person convicted of conspiracy to commit: | ||||||
13 | (A) a Class X felony shall be sentenced for a Class | ||||||
14 | 1 felony; | ||||||
15 | (B) a Class 1 felony shall be sentenced for a Class | ||||||
16 | 2 felony; | ||||||
17 | (C) a Class 2 felony shall be sentenced for a Class | ||||||
18 | 3 felony; | ||||||
19 | (D) a Class 3 felony shall be sentenced for a Class | ||||||
20 | 4 felony; | ||||||
21 | (E) a Class 4 felony shall be sentenced for a Class | ||||||
22 | 4 felony; and | ||||||
23 | (F) a misdemeanor may be fined or imprisoned or | ||||||
24 | both not to exceed the maximum provided for the offense | ||||||
25 | that is the object of the conspiracy. | ||||||
26 | (2) A person convicted of conspiracy to commit any of |
| |||||||
| |||||||
1 | the following offenses shall be sentenced for a Class X | ||||||
2 | felony: | ||||||
3 | (A) aggravated insurance fraud conspiracy when the | ||||||
4 | person is an organizer of the conspiracy (720 ILCS | ||||||
5 | 5/46-4); or | ||||||
6 | (B) aggravated governmental entity insurance fraud | ||||||
7 | conspiracy when the person is an organizer of the | ||||||
8 | conspiracy (720 ILCS 5/46-4). | ||||||
9 | (3) A person convicted of conspiracy to commit any of | ||||||
10 | the following offenses shall be sentenced for a Class 1 | ||||||
11 | felony: | ||||||
12 | (A) first degree murder (720 ILCS 5/9-1); or | ||||||
13 | (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||||||
14 | or aggravated governmental insurance fraud (720 ILCS | ||||||
15 | 5/46-3). | ||||||
16 | (4) A person convicted of conspiracy to commit | ||||||
17 | insurance fraud (720 ILCS 5/46-3) or governmental entity | ||||||
18 | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | ||||||
19 | Class 2 felony. | ||||||
20 | (5) A person convicted of conspiracy to commit any of | ||||||
21 | the following offenses shall be sentenced for a Class 3 | ||||||
22 | felony: | ||||||
23 | (A) soliciting for a prostitute (720 ILCS | ||||||
24 | 5/11-14.3(a)(1) 5/11-15 ); | ||||||
25 | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||||||
26 | 5/11-14.3(a)(2)(B) 5/11-16 ); |
| |||||||
| |||||||
1 | (C) keeping a place of prostitution (720 ILCS | ||||||
2 | 5/11-14.3(a)(1) 5/11-17 ); | ||||||
3 | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C) 5/11-19 ); | ||||||
4 | (E) unlawful use of weapons under Section | ||||||
5 | 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | ||||||
6 | (F) unlawful use of weapons under Section | ||||||
7 | 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | ||||||
8 | (G) gambling (720 ILCS 5/28-1); | ||||||
9 | (H) keeping a gambling place (720 ILCS 5/28-3); | ||||||
10 | (I) registration of federal gambling stamps | ||||||
11 | violation (720 ILCS 5/28-4); | ||||||
12 | (J) look-alike substances violation (720 ILCS | ||||||
13 | 570/404); | ||||||
14 | (K) miscellaneous controlled substance violation | ||||||
15 | under Section 406(b) (720 ILCS 570/406(b)); or | ||||||
16 | (L) an inchoate offense related to any of the | ||||||
17 | principal offenses set forth in this item (5).
| ||||||
18 | (Source: P.A. 96-710, eff. 1-1-10.)
| ||||||
19 | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
| ||||||
20 | Sec. 12-3.2. Domestic Battery.
| ||||||
21 | (a) A person commits domestic battery if he intentionally | ||||||
22 | or knowingly
without legal justification by any means:
| ||||||
23 | (1) Causes bodily harm to any family or household | ||||||
24 | member as defined in
subsection (3) of Section 112A-3 of | ||||||
25 | the Code of Criminal Procedure of 1963, as
amended;
|
| |||||||
| |||||||
1 | (2) Makes physical contact of an insulting or provoking | ||||||
2 | nature with any
family or household member as defined in | ||||||
3 | subsection (3) of Section 112A-3
of the Code of Criminal | ||||||
4 | Procedure of 1963, as amended.
| ||||||
5 | (b) Sentence. Domestic battery is a Class A misdemeanor.
| ||||||
6 | Domestic battery is a Class 4 felony if the defendant has any
| ||||||
7 | prior
conviction under this Code for domestic battery (Section | ||||||
8 | 12-3.2) or violation
of an order of protection (Section 12-30), | ||||||
9 | or any prior conviction under the
law of another jurisdiction | ||||||
10 | for an offense which is substantially similar.
Domestic battery | ||||||
11 | is a Class 4 felony
if the
defendant has any prior conviction | ||||||
12 | under this Code for first degree murder
(Section 9-1), attempt | ||||||
13 | to
commit first degree murder (Section 8-4), aggravated | ||||||
14 | domestic battery (Section
12-3.3), aggravated battery
(Section | ||||||
15 | 12-4), heinous battery (Section 12-4.1), aggravated battery | ||||||
16 | with a
firearm (Section 12-4.2), aggravated battery of a child | ||||||
17 | (Section 12-4.3),
aggravated battery of
an unborn child | ||||||
18 | (Section 12-4.4), aggravated battery of a senior citizen
| ||||||
19 | (Section 12-4.6), stalking (Section 12-7.3), aggravated | ||||||
20 | stalking (Section
12-7.4), criminal sexual assault (Section | ||||||
21 | 11-1.20 or 12-13), aggravated criminal sexual
assault
( Section | ||||||
22 | 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated | ||||||
23 | kidnapping (Section 10-2),
predatory criminal sexual assault | ||||||
24 | of a child (Section 11-1.40 or 12-14.1), aggravated
criminal | ||||||
25 | sexual abuse (Section 11-1.60 or 12-16), unlawful restraint | ||||||
26 | (Section 10-3),
aggravated unlawful restraint (Section |
| |||||||
| |||||||
1 | 10-3.1), aggravated arson (Section
20-1.1), or aggravated | ||||||
2 | discharge of a firearm
(Section 24-1.2), or any prior | ||||||
3 | conviction under the law of another
jurisdiction for any | ||||||
4 | offense that is substantially similar to the offenses
listed in | ||||||
5 | this Section, when any of these
offenses have been committed
| ||||||
6 | against a
family or household member as defined in Section
| ||||||
7 | 112A-3 of the Code of Criminal Procedure of 1963. In addition | ||||||
8 | to any other
sentencing alternatives, for any second or | ||||||
9 | subsequent conviction of violating this
Section, the
offender | ||||||
10 | shall be mandatorily sentenced to a minimum of 72
consecutive | ||||||
11 | hours of
imprisonment. The imprisonment shall not be subject to | ||||||
12 | suspension, nor shall
the person be eligible for probation in | ||||||
13 | order to reduce the sentence.
| ||||||
14 | (c) Domestic battery committed in the presence of a child. | ||||||
15 | In addition to
any other sentencing alternatives, a defendant | ||||||
16 | who commits, in the presence of
a child, a felony domestic | ||||||
17 | battery (enhanced under subsection
(b)), aggravated domestic | ||||||
18 | battery (Section 12-3.3),
aggravated battery (Section 12-4), | ||||||
19 | unlawful restraint (Section
10-3), or aggravated unlawful | ||||||
20 | restraint (Section 10-3.1) against a family or
household | ||||||
21 | member, as defined in Section 112A-3 of the Code of Criminal
| ||||||
22 | Procedure of 1963, shall be required to serve a mandatory | ||||||
23 | minimum imprisonment
of 10 days or perform 300 hours of | ||||||
24 | community service, or both. The defendant
shall further be | ||||||
25 | liable for the cost of any counseling required for the child
at | ||||||
26 | the discretion of the court in accordance
with subsection (b) |
| |||||||
| |||||||
1 | of Section 5-5-6 of the Unified Code of Corrections.
For | ||||||
2 | purposes of this Section, "child" means a person under 18
years | ||||||
3 | of age
who is the defendant's or victim's child or step-child | ||||||
4 | or who is a minor child
residing
within or visiting the | ||||||
5 | household of the defendant or victim. For purposes of this | ||||||
6 | Section,
"in the presence of a child" means in the physical | ||||||
7 | presence of a child or
knowing or having reason to know that a | ||||||
8 | child is present and may see or hear an
act constituting one of | ||||||
9 | the offenses listed in this subsection.
| ||||||
10 | (d) Upon conviction of domestic battery, the court shall | ||||||
11 | advise the defendant orally or in writing, substantially as | ||||||
12 | follows: "An individual convicted of domestic battery may be | ||||||
13 | subject to federal criminal penalties for possessing, | ||||||
14 | transporting, shipping, or receiving any firearm or ammunition | ||||||
15 | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | ||||||
16 | 922(g)(8) and (9))." A notation shall be made in the court file | ||||||
17 | that the admonition was given. | ||||||
18 | (Source: P.A. 96-287, eff. 8-11-09.)
| ||||||
19 | (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
| ||||||
20 | Sec. 12-11. Home Invasion.
| ||||||
21 | (a) A person who is not a peace officer acting
in the line | ||||||
22 | of duty commits home invasion when
without authority he or she | ||||||
23 | knowingly enters the dwelling place of another when
he or she | ||||||
24 | knows or has reason to know that one or more persons is present
| ||||||
25 | or he or she knowingly enters the dwelling place of another and |
| |||||||
| |||||||
1 | remains
in such dwelling place until he or she knows or has | ||||||
2 | reason to know that one
or more persons is present and
| ||||||
3 | (1) While armed with a dangerous weapon, other than a | ||||||
4 | firearm, uses
force or threatens the
imminent
use of force | ||||||
5 | upon any person or persons within such dwelling place | ||||||
6 | whether
or not injury occurs, or
| ||||||
7 | (2) Intentionally causes any injury, except as | ||||||
8 | provided in subsection
(a)(5), to any person or persons | ||||||
9 | within such dwelling place, or
| ||||||
10 | (3) While armed with a firearm uses force or threatens | ||||||
11 | the imminent use of
force upon any person or persons within | ||||||
12 | such dwelling place whether or not
injury occurs, or
| ||||||
13 | (4) Uses force or threatens the imminent use of force | ||||||
14 | upon any person or
persons within such dwelling place | ||||||
15 | whether or not injury occurs and during the
commission of | ||||||
16 | the offense personally discharges a firearm, or
| ||||||
17 | (5) Personally discharges a firearm that proximately | ||||||
18 | causes great bodily
harm, permanent disability, permanent | ||||||
19 | disfigurement, or death to another
person within such | ||||||
20 | dwelling place, or
| ||||||
21 | (6) Commits, against any person or persons within that | ||||||
22 | dwelling place, a
violation of Section 11-1.20, 11-1.30, | ||||||
23 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, | ||||||
24 | or 12-16 of the Criminal
Code of 1961.
| ||||||
25 | (b) It is an affirmative defense to a charge of home | ||||||
26 | invasion that
the accused who knowingly enters the dwelling |
| |||||||
| |||||||
1 | place of another and remains
in such dwelling place until he or | ||||||
2 | she knows or has reason to know that one
or more persons is | ||||||
3 | present either immediately leaves such premises or
surrenders | ||||||
4 | to the person or persons lawfully present therein without | ||||||
5 | either
attempting to cause or causing serious bodily injury to | ||||||
6 | any person present
therein.
| ||||||
7 | (c) Sentence. Home invasion in violation of subsection | ||||||
8 | (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of | ||||||
9 | subsection (a)(3) is a Class X felony for
which 15 years shall | ||||||
10 | be added to the term of imprisonment imposed by the
court. A | ||||||
11 | violation of subsection (a)(4) is a Class X felony for which 20 | ||||||
12 | years
shall be added to the term of imprisonment imposed by the | ||||||
13 | court. A violation of
subsection (a)(5) is a Class X felony for | ||||||
14 | which 25 years or up to a term of
natural life shall be added to | ||||||
15 | the term of imprisonment imposed by the court.
| ||||||
16 | (d) For purposes of this Section, "dwelling place of | ||||||
17 | another" includes
a dwelling place where the defendant
| ||||||
18 | maintains a tenancy interest but from which the defendant has | ||||||
19 | been barred by a
divorce decree, judgment of dissolution of | ||||||
20 | marriage, order of protection, or
other court order.
| ||||||
21 | (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00; | ||||||
22 | 91-928, eff. 6-1-01.)
| ||||||
23 | (720 ILCS 5/12-18.1) (from Ch. 38, par. 12-18.1)
| ||||||
24 | Sec. 12-18.1. Civil Liability. (a) If any person has been | ||||||
25 | convicted of
any offense defined in Section 11-1.20, 11-1.30, |
| |||||||
| |||||||
1 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15, or 12-16 of | ||||||
2 | this Act,
a victim of such offense has a cause of action for | ||||||
3 | damages against any
person or entity who, by the manufacture, | ||||||
4 | production, or wholesale
distribution of any obscene material | ||||||
5 | which was possessed or viewed by the
person convicted of the | ||||||
6 | offense, proximately caused such person, through his
or her | ||||||
7 | reading or viewing of the obscene material, to commit the | ||||||
8 | violation
of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
9 | 11-1.60, 12-13, 12-14, 12-15, or 12-16. No victim may recover | ||||||
10 | in any
such action unless he or she proves by a preponderance | ||||||
11 | of the evidence
that: (1) the reading or viewing of the | ||||||
12 | specific obscene material
manufactured, produced, or | ||||||
13 | distributed wholesale by the defendant
proximately caused the | ||||||
14 | person convicted of the violation of Section 11-1.20, 11-1.30, | ||||||
15 | 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-15, or 12-16 to | ||||||
16 | commit such violation and (2) the defendant knew
or had reason | ||||||
17 | to know that the manufacture, production, or wholesale
| ||||||
18 | distribution of such material was likely to cause a violation | ||||||
19 | of an offense substantially
of the type enumerated.
| ||||||
20 | (b) The manufacturer, producer or wholesale distributor | ||||||
21 | shall be liable
to the victim for:
| ||||||
22 | (1) actual damages incurred by the victim, including | ||||||
23 | medical costs;
| ||||||
24 | (2) court costs and reasonable attorneys fees;
| ||||||
25 | (3) infliction of emotional distress;
| ||||||
26 | (4) pain and suffering; and
|
| |||||||
| |||||||
1 | (5) loss of consortium.
| ||||||
2 | (c) Every action under this Section shall be commenced | ||||||
3 | within 3 years
after the conviction of the defendant for a | ||||||
4 | violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
5 | 11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if | ||||||
6 | the victim was under the
age of 18 years at the time of the | ||||||
7 | conviction of the defendant for a
violation of Section 11-1.20, | ||||||
8 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or | ||||||
9 | 12-16 of this Code, an action
under this Section shall be | ||||||
10 | commenced within 3 years after the victim
attains the age of 18 | ||||||
11 | years.
| ||||||
12 | (d) For the purposes of this Section:
| ||||||
13 | (1) "obscene" has the meaning ascribed to it in subsection | ||||||
14 | (b) of
Section 11-20 of this Code;
| ||||||
15 | (2) "wholesale distributor" means any individual, | ||||||
16 | partnership,
corporation, association, or other legal entity | ||||||
17 | which stands between the
manufacturer and the retail seller in | ||||||
18 | purchases, consignments, contracts
for sale or rental of the | ||||||
19 | obscene material;
| ||||||
20 | (3) "producer" means any individual, partnership, | ||||||
21 | corporation,
association, or other legal entity which finances | ||||||
22 | or supervises, to any
extent, the production or making of | ||||||
23 | obscene material;
| ||||||
24 | (4) "manufacturer" means any individual, partnership, | ||||||
25 | corporation,
association, or other legal entity which | ||||||
26 | manufacturers, assembles or
produces obscene material.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-857.)
| ||||||
2 | (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
| ||||||
3 | Sec. 12-30. Violation of an order of protection.
| ||||||
4 | (a) A person commits violation of an order of protection | ||||||
5 | if:
| ||||||
6 | (1) He or she commits an act which was prohibited by a | ||||||
7 | court or fails
to commit
an act which was ordered by a | ||||||
8 | court in violation of:
| ||||||
9 | (i) a remedy in a valid
order of protection | ||||||
10 | authorized under paragraphs (1), (2), (3), (14),
or
| ||||||
11 | (14.5) of
subsection (b) of Section 214 of the Illinois | ||||||
12 | Domestic Violence Act of 1986,
| ||||||
13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized
under paragraphs (1), (2), | ||||||
15 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
16 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
17 | order of protection,
which is authorized under the laws | ||||||
18 | of another state, tribe or United States
territory,
| ||||||
19 | (iii) any other remedy when the act constitutes a | ||||||
20 | crime against the
protected parties
as the term | ||||||
21 | protected parties is defined in Section 112A-4 of the | ||||||
22 | Code of
Criminal Procedure of 1963; and
| ||||||
23 | (2) Such violation occurs after the offender has been | ||||||
24 | served notice of
the contents of the order, pursuant to the | ||||||
25 | Illinois Domestic Violence
Act of 1986 or any substantially |
| |||||||
| |||||||
1 | similar statute of another state, tribe or
United
States | ||||||
2 | territory, or otherwise has acquired actual knowledge of | ||||||
3 | the contents
of the
order.
| ||||||
4 | An order of protection issued by a state, tribal or | ||||||
5 | territorial
court
related to domestic or family violence shall | ||||||
6 | be deemed valid if the issuing
court had jurisdiction over the | ||||||
7 | parties and matter under the law of the state,
tribe or | ||||||
8 | territory. There shall be a presumption of validity where an | ||||||
9 | order is
certified and appears authentic on its face.
| ||||||
10 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
11 | to be heard
shall
be an affirmative defense to any charge or | ||||||
12 | process filed seeking enforcement of
a foreign order of | ||||||
13 | protection.
| ||||||
14 | (b) For purposes of this Section, an "order of protection" | ||||||
15 | may have been
issued in a criminal or civil proceeding.
| ||||||
16 | (c) Nothing in this Section shall be construed to diminish | ||||||
17 | the inherent
authority of the courts to enforce their lawful | ||||||
18 | orders through civil or
criminal contempt proceedings.
| ||||||
19 | (d) Violation of an order of protection under subsection | ||||||
20 | (a) of this
Section is a Class A misdemeanor.
Violation of an | ||||||
21 | order of protection under subsection (a) of this Section is a
| ||||||
22 | Class 4 felony if the defendant has any prior conviction under | ||||||
23 | this Code for
domestic battery (Section 12-3.2)
or violation of | ||||||
24 | an order of protection (Section
12-30). Violation of an order | ||||||
25 | of protection is a Class 4 felony if the
defendant has any | ||||||
26 | prior conviction under this Code for
first degree murder |
| |||||||
| |||||||
1 | (Section 9-1), attempt to commit first degree murder
(Section | ||||||
2 | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | ||||||
3 | battery
(Section 12-4),
heinous battery (Section 12-4.1), | ||||||
4 | aggravated battery with a firearm (Section
12-4.2), aggravated | ||||||
5 | battery of a child (Section 12-4.3), aggravated battery of
an | ||||||
6 | unborn child (Section 12-4.4), aggravated battery of a senior | ||||||
7 | citizen
(Section 12-4.6),
stalking (Section 12-7.3), | ||||||
8 | aggravated stalking (Section
12-7.4),
criminal sexual assault | ||||||
9 | (Section 11-1.20 or 12-13), aggravated criminal sexual assault
| ||||||
10 | ( Section 11-1.30 or 12-14), kidnapping (Section 10-1), | ||||||
11 | aggravated kidnapping (Section 10-2),
predatory criminal | ||||||
12 | sexual assault of a child (Section 11-1.40 or 12-14.1),
| ||||||
13 | aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
| ||||||
14 | unlawful restraint (Section 10-3), aggravated unlawful | ||||||
15 | restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | ||||||
16 | or aggravated discharge of a firearm
(Section 24-1.2),
when any | ||||||
17 | of these offenses have been committed against a family or
| ||||||
18 | household member as defined in Section 112A-3 of the Code of | ||||||
19 | Criminal Procedure
of 1963. The court shall impose a minimum | ||||||
20 | penalty of 24 hours imprisonment for
defendant's second or | ||||||
21 | subsequent violation of any order of protection; unless
the | ||||||
22 | court explicitly finds that an increased penalty or such period | ||||||
23 | of
imprisonment would be manifestly unjust. In addition to any | ||||||
24 | other penalties,
the court may order the defendant to pay a | ||||||
25 | fine as authorized under Section
5-9-1 of the Unified Code of | ||||||
26 | Corrections or to make restitution to the victim
under Section |
| |||||||
| |||||||
1 | 5-5-6 of the Unified Code of Corrections. In addition to any
| ||||||
2 | other penalties, including those imposed by Section 5-9-1.5 of | ||||||
3 | the Unified Code
of Corrections, the court shall impose an | ||||||
4 | additional fine of $20 as authorized
by Section 5-9-1.11 of the | ||||||
5 | Unified Code of Corrections upon any person
convicted of or | ||||||
6 | placed on supervision for a violation of this
Section. The | ||||||
7 | additional fine shall
be imposed for each violation of this | ||||||
8 | Section.
| ||||||
9 | (e) The limitations placed on law enforcement liability by | ||||||
10 | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | ||||||
11 | to actions taken under this
Section.
| ||||||
12 | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | ||||||
13 | 92-827, eff.
8-22-02.)
| ||||||
14 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
15 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
16 | with the knowledge
and consent of the owner in the commission | ||||||
17 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
18 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a | ||||||
20 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
21 | 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, | ||||||
22 | 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of | ||||||
23 | precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, | ||||||
24 | 20-2,
29D-15.2, 24-1.2,
24-1.2-5,
24-1.5, or 28-1 , or 29D-15.2 | ||||||
25 | of this Code, paragraph (a) of Section 12-4 of this Code,
|
| |||||||
| |||||||
1 | paragraph (a) of Section 11-1.50, paragraph (a) of Section | ||||||
2 | 12-15 , paragraph (a), (c), or (d) of Section 11-1.60, or | ||||||
3 | paragraphs (a), (c) or (d) of Section
12-16 of this Code, or | ||||||
4 | paragraph (a)(6) or (a)(7) of Section
24-1 of this Code;
(b) | ||||||
5 | Section 21, 22, 23, 24 or 26 of the Cigarette Tax
Act if the | ||||||
6 | vessel, vehicle or aircraft contains more than 10 cartons of
| ||||||
7 | such cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use | ||||||
8 | Tax Act if
the vessel, vehicle or aircraft contains more than | ||||||
9 | 10 cartons of such
cigarettes; (d) Section 44 of the | ||||||
10 | Environmental Protection Act; (e)
11-204.1
of the Illinois | ||||||
11 | Vehicle Code; (f)
the offenses described in the
following | ||||||
12 | provisions of the Illinois Vehicle Code:
Section 11-501 | ||||||
13 | subdivisions (c-1)(1), (c-1)(2), (c-1)(3),
(d)(1)(A), | ||||||
14 | (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) an offense described in | ||||||
15 | subsection (g) of Section 6-303 of the
Illinois Vehicle Code; | ||||||
16 | or (h) an offense described in subsection (e) of
Section 6-101 | ||||||
17 | of the Illinois Vehicle Code;
may be
seized and delivered | ||||||
18 | forthwith to the sheriff of the county of seizure.
| ||||||
19 | Within 15 days after such delivery the sheriff shall give | ||||||
20 | notice of seizure
to each person according to the following | ||||||
21 | method: Upon each such person
whose right, title or interest is | ||||||
22 | of record in the office of the Secretary
of State, the | ||||||
23 | Secretary of Transportation, the Administrator of the Federal
| ||||||
24 | Aviation Agency, or any other Department of this State, or any | ||||||
25 | other state
of the United States if such vessel, vehicle or | ||||||
26 | aircraft is required to be
so registered, as the case may be, |
| |||||||
| |||||||
1 | by mailing a copy of the notice by
certified mail to the | ||||||
2 | address as given upon the records of the Secretary of
State, | ||||||
3 | the Department of Aeronautics, Department of Public Works and
| ||||||
4 | Buildings or any other Department of this State or the United | ||||||
5 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
6 | registered. Within
that 15 day period the sheriff shall also | ||||||
7 | notify the State's Attorney of
the county of seizure about the | ||||||
8 | seizure.
| ||||||
9 | In addition, any mobile or portable equipment used in the | ||||||
10 | commission of an
act which is in violation of Section 7g of the | ||||||
11 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
12 | seizure and forfeiture under the same
procedures provided in | ||||||
13 | this Article for the seizure and forfeiture of vessels,
| ||||||
14 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
15 | vessel, vehicle
or aircraft for purposes of this Article.
| ||||||
16 | When a person discharges a firearm at another individual | ||||||
17 | from a vehicle with
the knowledge and consent of the owner of | ||||||
18 | the vehicle and with the intent to
cause death or great bodily | ||||||
19 | harm to that individual and as a result causes
death or great | ||||||
20 | bodily harm to that individual, the vehicle shall be subject to
| ||||||
21 | seizure and forfeiture under the same procedures provided in | ||||||
22 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
23 | violations of clauses (a), (b),
(c), or (d) of this Section.
| ||||||
24 | If the spouse of the owner of a vehicle seized for
an | ||||||
25 | offense described in subsection (g) of Section 6-303 of the
| ||||||
26 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), |
| |||||||
| |||||||
1 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||||||
2 | of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||||||
3 | a showing
that the seized vehicle is the only source of | ||||||
4 | transportation and it is
determined that the financial hardship | ||||||
5 | to the family as a result of the seizure
outweighs the benefit | ||||||
6 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
7 | the spouse or family member and the title to the vehicle shall | ||||||
8 | be
transferred to the spouse or family member who is properly | ||||||
9 | licensed and who
requires the use of the vehicle for employment | ||||||
10 | or family transportation
purposes. A written declaration of | ||||||
11 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
12 | cause for the title to be transferred to the spouse
or family | ||||||
13 | member. The provisions of this paragraph shall apply only to | ||||||
14 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
15 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
16 | conviction of either spouse or
the family member, the spouse or | ||||||
17 | family member to whom the vehicle was
forfeited under the first | ||||||
18 | forfeiture proceeding may not utilize the
provisions of this | ||||||
19 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
20 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
21 | out in this paragraph may be used for only one vehicle.
| ||||||
22 | Property declared contraband under Section 40 of the | ||||||
23 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
24 | seized and forfeited under this
Article.
| ||||||
25 | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised | ||||||
26 | 10-9-09.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
| ||||||
2 | Sec. 37-1. Maintaining Public Nuisance. Any building used | ||||||
3 | in the commission of offenses prohibited by Sections
9-1, 10-1, | ||||||
4 | 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, | ||||||
5 | 11-20.3, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), | ||||||
6 | 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1 , or subdivision | ||||||
7 | (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of the | ||||||
8 | Criminal Code of
1961, or
prohibited by the Illinois Controlled | ||||||
9 | Substances Act, the Methamphetamine Control and Community | ||||||
10 | Protection Act, or the Cannabis
Control Act, or used in the | ||||||
11 | commission of an inchoate offense
relative to any of the | ||||||
12 | aforesaid principal offenses, or any real property
erected, | ||||||
13 | established, maintained, owned, leased, or used by a streetgang | ||||||
14 | for
the purpose of conducting streetgang related activity as | ||||||
15 | defined in Section 10
of the Illinois Streetgang Terrorism | ||||||
16 | Omnibus Prevention Act is a public
nuisance.
| ||||||
17 | (b) Sentence. A person convicted of knowingly maintaining | ||||||
18 | such a public
nuisance commits a Class A misdemeanor. Each | ||||||
19 | subsequent offense under this
Section is a Class 4 felony.
| ||||||
20 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
21 | Section 1040. The Code of Criminal Procedure of 1963 is | ||||||
22 | amended by changing Sections 110-6.3, 110-10, 111-8, 114-4, | ||||||
23 | 115-7, 115-7.2, 115-7.3, 115-10, 115-10.3, 115-11, 115-11.1, | ||||||
24 | 115-13, 115-16, 116-4, 124B-10, 124B-100, 124B-420, and |
| |||||||
| |||||||
1 | 124B-500 as follows:
| ||||||
2 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
3 | Sec. 110-6.3.
Denial of bail in stalking and aggravated | ||||||
4 | stalking
offenses.
| ||||||
5 | (a) Upon verified petition by the State, the court shall | ||||||
6 | hold a
hearing to determine whether bail should be denied to a | ||||||
7 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
8 | when it is alleged that the defendant's
admission to bail poses | ||||||
9 | a real and present threat to the physical safety of
the alleged | ||||||
10 | victim of the offense, and denial of release on bail or
| ||||||
11 | personal recognizance is necessary to prevent fulfillment of | ||||||
12 | the threat
upon which the charge is based.
| ||||||
13 | (1) A petition may be filed without prior notice to the | ||||||
14 | defendant at the
first appearance before a judge, or within | ||||||
15 | 21 calendar days, except as
provided in Section 110-6, | ||||||
16 | after arrest and release of the defendant upon
reasonable | ||||||
17 | notice to defendant; provided that while the petition is
| ||||||
18 | pending before the court, the defendant if previously | ||||||
19 | released shall not be
detained.
| ||||||
20 | (2) The hearing shall be held immediately upon the | ||||||
21 | defendant's
appearance before the court, unless for good | ||||||
22 | cause shown the defendant or
the State seeks a continuance. | ||||||
23 | A continuance on motion of the defendant
may not exceed 5 | ||||||
24 | calendar days, and the defendant may be held in custody
| ||||||
25 | during the continuance. A continuance on the motion of the |
| |||||||
| |||||||
1 | State may not
exceed 3 calendar days; however, the | ||||||
2 | defendant may be held in custody
during the continuance | ||||||
3 | under this provision if the defendant has been
previously | ||||||
4 | found to have violated an order of protection or has been
| ||||||
5 | previously convicted of, or granted court supervision for, | ||||||
6 | any of the
offenses set forth in Sections 11-1.20, 11-1.30, | ||||||
7 | 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.2, 12-3.3, 12-4, | ||||||
8 | 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 or | ||||||
9 | 12-16 of the Criminal Code of 1961, against the
same person
| ||||||
10 | as the alleged victim of the stalking or aggravated | ||||||
11 | stalking offense.
| ||||||
12 | (b) The court may deny bail to the defendant when, after | ||||||
13 | the hearing, it
is determined that:
| ||||||
14 | (1) the proof is evident or the presumption great that | ||||||
15 | the defendant has
committed the offense of stalking or | ||||||
16 | aggravated stalking; and
| ||||||
17 | (2) the defendant poses a real and present threat to | ||||||
18 | the physical safety
of the alleged victim of the offense; | ||||||
19 | and
| ||||||
20 | (3) the denial of release on bail or personal | ||||||
21 | recognizance is
necessary to prevent fulfillment of the | ||||||
22 | threat upon which the charge is based;
and
| ||||||
23 | (4) the court finds that no condition or combination of | ||||||
24 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
25 | this Code, including mental
health treatment at a community | ||||||
26 | mental health center, hospital, or
facility of the |
| |||||||
| |||||||
1 | Department of Human Services,
can reasonably assure the | ||||||
2 | physical safety of the alleged victim of the offense.
| ||||||
3 | (c) Conduct of the hearings.
| ||||||
4 | (1) The hearing on the defendant's culpability and | ||||||
5 | threat to the
alleged victim of the offense shall be
| ||||||
6 | conducted in accordance with the following provisions:
| ||||||
7 | (A) Information used by the court in its findings | ||||||
8 | or stated in or
offered
at the hearing may be by way of | ||||||
9 | proffer based upon reliable information
offered by the | ||||||
10 | State or by defendant. Defendant has the right to be
| ||||||
11 | represented by counsel, and if he is indigent, to have | ||||||
12 | counsel appointed
for him. Defendant shall have the | ||||||
13 | opportunity to testify, to present
witnesses in his own | ||||||
14 | behalf, and to cross-examine witnesses if any are
| ||||||
15 | called by the State. The defendant has the right to | ||||||
16 | present witnesses in
his favor. When the ends of | ||||||
17 | justice so require, the court may exercise
its | ||||||
18 | discretion and compel the appearance of a complaining
| ||||||
19 | witness. The court shall state on the record reasons | ||||||
20 | for granting a
defense request to compel the presence | ||||||
21 | of a complaining witness.
Cross-examination of a | ||||||
22 | complaining witness at the pretrial detention hearing | ||||||
23 | for
the purpose of impeaching the witness' credibility | ||||||
24 | is insufficient reason
to compel the presence of the | ||||||
25 | witness. In deciding whether to compel the
appearance | ||||||
26 | of a complaining witness, the court shall be |
| |||||||
| |||||||
1 | considerate of the
emotional and physical well-being | ||||||
2 | of the witness.
The pretrial detention hearing is not | ||||||
3 | to be used for the purposes of
discovery, and the post | ||||||
4 | arraignment rules of discovery do not apply. The
State | ||||||
5 | shall tender to the
defendant, prior to the hearing, | ||||||
6 | copies of defendant's criminal history, if
any, if | ||||||
7 | available, and any written or recorded statements and | ||||||
8 | the substance
of any oral statements made by any | ||||||
9 | person, if relied upon by the State.
The rules | ||||||
10 | concerning the admissibility of evidence in
criminal | ||||||
11 | trials do not apply to the presentation and | ||||||
12 | consideration of
information at the hearing. At the | ||||||
13 | trial concerning the offense for which
the hearing was | ||||||
14 | conducted neither the finding of the court nor any
| ||||||
15 | transcript or other record of the hearing shall be | ||||||
16 | admissible in the
State's case in chief, but shall be | ||||||
17 | admissible for impeachment, or as
provided in Section | ||||||
18 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
19 | (B) A motion by the defendant to suppress evidence | ||||||
20 | or to suppress a
confession shall not be entertained. | ||||||
21 | Evidence that proof may have been
obtained as the | ||||||
22 | result of an unlawful search and seizure or through
| ||||||
23 | improper interrogation is not relevant to this state of | ||||||
24 | the prosecution.
| ||||||
25 | (2) The facts relied upon by the court to support a | ||||||
26 | finding that:
|
| |||||||
| |||||||
1 | (A) the
defendant poses a real and present threat | ||||||
2 | to the physical safety of the
alleged victim of the | ||||||
3 | offense; and
| ||||||
4 | (B) the denial of release on bail or personal
| ||||||
5 | recognizance is necessary to prevent fulfillment of | ||||||
6 | the threat upon which
the charge is based;
| ||||||
7 | shall be supported by clear and convincing evidence
| ||||||
8 | presented by the State.
| ||||||
9 | (d) Factors to be considered in making a determination of | ||||||
10 | the threat to
the alleged victim of the offense.
The court may, | ||||||
11 | in determining whether the defendant poses, at the time of
the | ||||||
12 | hearing, a real and
present threat to the physical safety of | ||||||
13 | the alleged victim of the offense,
consider but
shall not be | ||||||
14 | limited to evidence or testimony concerning:
| ||||||
15 | (1) The nature and circumstances of the offense | ||||||
16 | charged;
| ||||||
17 | (2) The history and characteristics of the defendant | ||||||
18 | including:
| ||||||
19 | (A) Any evidence of the defendant's prior criminal | ||||||
20 | history indicative of
violent, abusive or assaultive | ||||||
21 | behavior, or lack of that behavior. The
evidence may | ||||||
22 | include testimony or documents received in juvenile
| ||||||
23 | proceedings, criminal, quasi-criminal, civil | ||||||
24 | commitment, domestic relations
or other proceedings;
| ||||||
25 | (B) Any evidence of the defendant's psychological, | ||||||
26 | psychiatric or other
similar social history that tends |
| |||||||
| |||||||
1 | to indicate a violent, abusive, or
assaultive nature, | ||||||
2 | or lack of any such history.
| ||||||
3 | (3) The nature of the threat which is the basis of the | ||||||
4 | charge against the defendant;
| ||||||
5 | (4) Any statements made by, or attributed to the | ||||||
6 | defendant, together with
the circumstances surrounding | ||||||
7 | them;
| ||||||
8 | (5) The age and physical condition of any person | ||||||
9 | assaulted
by the defendant;
| ||||||
10 | (6) Whether the defendant is known to possess or have | ||||||
11 | access to any
weapon or weapons;
| ||||||
12 | (7) Whether, at the time of the current offense or any | ||||||
13 | other offense or
arrest, the defendant was on probation, | ||||||
14 | parole, mandatory supervised
release or other release from | ||||||
15 | custody pending trial, sentencing, appeal or
completion of | ||||||
16 | sentence for an offense under federal or state law;
| ||||||
17 | (8) Any other factors, including those listed in | ||||||
18 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
19 | reasonable bearing upon the
defendant's propensity or | ||||||
20 | reputation for violent, abusive or assaultive
behavior, or | ||||||
21 | lack of that behavior.
| ||||||
22 | (e) The court shall, in any order denying bail to a person | ||||||
23 | charged with
stalking or aggravated stalking:
| ||||||
24 | (1) briefly summarize the evidence of the defendant's | ||||||
25 | culpability and its
reasons for concluding that the | ||||||
26 | defendant should be held without bail;
|
| |||||||
| |||||||
1 | (2) direct that the defendant be committed to the | ||||||
2 | custody of the sheriff
for confinement in the county jail | ||||||
3 | pending trial;
| ||||||
4 | (3) direct that the defendant be given a reasonable | ||||||
5 | opportunity for
private consultation with counsel, and for | ||||||
6 | communication with others of his
choice by visitation, mail | ||||||
7 | and telephone; and
| ||||||
8 | (4) direct that the sheriff deliver the defendant as | ||||||
9 | required for
appearances in connection with court | ||||||
10 | proceedings.
| ||||||
11 | (f) If the court enters an order for the detention of the | ||||||
12 | defendant
under subsection (e) of this Section, the defendant | ||||||
13 | shall be brought to
trial on the offense for which he is | ||||||
14 | detained within 90 days after the date
on which the order for | ||||||
15 | detention was entered. If the defendant is not
brought to trial | ||||||
16 | within the 90 day period required by this subsection (f),
he | ||||||
17 | shall not be held longer without bail. In computing the 90 day | ||||||
18 | period,
the court shall omit any period of delay resulting from | ||||||
19 | a continuance
granted at the request of the defendant.
The | ||||||
20 | court shall immediately notify the alleged victim of the | ||||||
21 | offense that the defendant
has been admitted to bail under this | ||||||
22 | subsection.
| ||||||
23 | (g) Any person shall be entitled to appeal any
order | ||||||
24 | entered under this Section denying bail to the defendant.
| ||||||
25 | (h) The State may appeal any order entered under this | ||||||
26 | Section denying any
motion for denial of bail.
|
| |||||||
| |||||||
1 | (i) Nothing in this Section shall be construed as modifying | ||||||
2 | or limiting
in any way the defendant's presumption of innocence | ||||||
3 | in further criminal
proceedings.
| ||||||
4 | (Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
| ||||||
5 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
6 | Sec. 110-10. Conditions of bail bond.
| ||||||
7 | (a) If a person is released prior to conviction, either | ||||||
8 | upon payment of
bail security or on his or her own | ||||||
9 | recognizance, the conditions of the bail
bond shall be that he | ||||||
10 | or she will:
| ||||||
11 | (1) Appear to answer the charge in the court having | ||||||
12 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
13 | the court until discharged or
final order of the court;
| ||||||
14 | (2) Submit himself or herself to the orders and process | ||||||
15 | of the court;
| ||||||
16 | (3) Not depart this State without leave of the court;
| ||||||
17 | (4) Not violate any criminal statute of any | ||||||
18 | jurisdiction;
| ||||||
19 | (5) At a time and place designated by the court, | ||||||
20 | surrender all firearms
in his or her possession to a law | ||||||
21 | enforcement officer designated by the court
to take custody | ||||||
22 | of and impound the firearms
and physically
surrender his or | ||||||
23 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
24 | circuit court
when the offense the person has
been charged | ||||||
25 | with is a forcible felony, stalking, aggravated stalking, |
| |||||||
| |||||||
1 | domestic
battery, any violation of the Illinois Controlled | ||||||
2 | Substances Act, the Methamphetamine Control and Community | ||||||
3 | Protection Act, or the
Cannabis Control Act that is | ||||||
4 | classified as a Class 2 or greater felony, or any
felony | ||||||
5 | violation of Article 24 of the Criminal Code of 1961; the | ||||||
6 | court
may,
however, forgo the imposition of this condition | ||||||
7 | when the
circumstances of the
case clearly do not warrant | ||||||
8 | it or when its imposition would be
impractical;
all legally | ||||||
9 | possessed firearms shall be returned to the person upon
the | ||||||
10 | charges being dismissed, or if the person is found not | ||||||
11 | guilty, unless the
finding of not guilty is by reason of | ||||||
12 | insanity; and
| ||||||
13 | (6) At a time and place designated by the court, submit | ||||||
14 | to a
psychological
evaluation when the person has been | ||||||
15 | charged with a violation of item (4) of
subsection
(a) of | ||||||
16 | Section 24-1 of the Criminal Code of 1961 and that | ||||||
17 | violation occurred in
a school
or in any conveyance owned, | ||||||
18 | leased, or contracted by a school to transport
students to | ||||||
19 | or
from school or a school-related activity, or on any | ||||||
20 | public way within 1,000
feet of real
property comprising | ||||||
21 | any school.
| ||||||
22 | Psychological evaluations ordered pursuant to this Section | ||||||
23 | shall be completed
promptly
and made available to the State, | ||||||
24 | the defendant, and the court. As a further
condition of bail | ||||||
25 | under
these circumstances, the court shall order the defendant | ||||||
26 | to refrain from
entering upon the
property of the school, |
| |||||||
| |||||||
1 | including any conveyance owned, leased, or contracted
by a | ||||||
2 | school to
transport students to or from school or a | ||||||
3 | school-related activity, or on any public way within
1,000 feet | ||||||
4 | of real property comprising any school. Upon receipt of the | ||||||
5 | psychological evaluation,
either the State or the defendant may | ||||||
6 | request a change in the conditions of bail, pursuant to
Section | ||||||
7 | 110-6 of this Code. The court may change the conditions of bail | ||||||
8 | to include a
requirement that the defendant follow the | ||||||
9 | recommendations of the psychological evaluation,
including | ||||||
10 | undergoing psychiatric treatment. The conclusions of the
| ||||||
11 | psychological evaluation and
any statements elicited from the | ||||||
12 | defendant during its administration are not
admissible as | ||||||
13 | evidence
of guilt during the course of any trial on the charged | ||||||
14 | offense, unless the
defendant places his or her
mental | ||||||
15 | competency in issue.
| ||||||
16 | (b) The court may impose other conditions, such as the | ||||||
17 | following, if the
court finds that such conditions are | ||||||
18 | reasonably necessary to assure the
defendant's appearance in | ||||||
19 | court, protect the public from the defendant, or
prevent the | ||||||
20 | defendant's unlawful interference with the orderly | ||||||
21 | administration
of justice:
| ||||||
22 | (1) Report to or appear in person before such person or | ||||||
23 | agency as the
court may direct;
| ||||||
24 | (2) Refrain from possessing a firearm or other | ||||||
25 | dangerous weapon;
| ||||||
26 | (3) Refrain from approaching or communicating with |
| |||||||
| |||||||
1 | particular persons or
classes of persons;
| ||||||
2 | (4) Refrain from going to certain described | ||||||
3 | geographical areas or
premises;
| ||||||
4 | (5) Refrain from engaging in certain activities or | ||||||
5 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
6 | (6) Undergo treatment for drug addiction or | ||||||
7 | alcoholism;
| ||||||
8 | (7) Undergo medical or psychiatric treatment;
| ||||||
9 | (8) Work or pursue a course of study or vocational | ||||||
10 | training;
| ||||||
11 | (9) Attend or reside in a facility designated by the | ||||||
12 | court;
| ||||||
13 | (10) Support his or her dependents;
| ||||||
14 | (11) If a minor resides with his or her parents or in a | ||||||
15 | foster home,
attend school, attend a non-residential | ||||||
16 | program for youths, and contribute
to his or her own | ||||||
17 | support at home or in a foster home;
| ||||||
18 | (12) Observe any curfew ordered by the court;
| ||||||
19 | (13) Remain in the custody of such designated person or | ||||||
20 | organization
agreeing to supervise his release. Such third | ||||||
21 | party custodian shall be
responsible for notifying the | ||||||
22 | court if the defendant fails to observe the
conditions of | ||||||
23 | release which the custodian has agreed to monitor, and | ||||||
24 | shall
be subject to contempt of court for failure so to | ||||||
25 | notify the court;
| ||||||
26 | (14) Be placed under direct supervision of the Pretrial |
| |||||||
| |||||||
1 | Services
Agency, Probation Department or Court Services | ||||||
2 | Department in a pretrial
bond home supervision capacity | ||||||
3 | with or without the use of an approved
electronic | ||||||
4 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
5 | Unified Code of Corrections;
| ||||||
6 | (14.1) The court shall impose upon a defendant who is | ||||||
7 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
8 | controlled substance violation and is placed under
direct | ||||||
9 | supervision of the Pretrial Services Agency, Probation | ||||||
10 | Department or
Court Services Department in a pretrial bond | ||||||
11 | home supervision capacity with
the use of an approved | ||||||
12 | monitoring device, as a condition of such bail bond,
a fee | ||||||
13 | that represents costs incidental to the electronic | ||||||
14 | monitoring for each
day of such bail supervision ordered by | ||||||
15 | the
court, unless after determining the inability of the | ||||||
16 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
17 | or no fee as the case may be. The fee
shall be collected by | ||||||
18 | the clerk of the circuit court. The clerk of the
circuit | ||||||
19 | court shall pay all monies collected from this fee to the | ||||||
20 | county
treasurer for deposit in the substance abuse | ||||||
21 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
22 | (14.2) The court shall impose upon all defendants, | ||||||
23 | including those
defendants subject to paragraph (14.1) | ||||||
24 | above, placed under direct supervision
of the Pretrial | ||||||
25 | Services Agency, Probation Department or Court Services
| ||||||
26 | Department in a pretrial bond home supervision capacity |
| |||||||
| |||||||
1 | with the use of an
approved monitoring device, as a | ||||||
2 | condition of such bail bond, a fee
which shall represent | ||||||
3 | costs incidental to such
electronic monitoring for each day | ||||||
4 | of such bail supervision ordered by the
court, unless after | ||||||
5 | determining the inability of the defendant to pay the fee,
| ||||||
6 | the court assesses a lesser fee or no fee as the case may | ||||||
7 | be. The fee shall be
collected by the clerk of the circuit | ||||||
8 | court. The clerk of the circuit court
shall pay all monies | ||||||
9 | collected from this fee to the county treasurer who shall
| ||||||
10 | use the monies collected to defray the costs of | ||||||
11 | corrections. The county
treasurer shall deposit the fee | ||||||
12 | collected in the county working cash fund under
Section | ||||||
13 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
14 | case may
be;
| ||||||
15 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
16 | establish reasonable
fees to be paid by a person receiving | ||||||
17 | pretrial services while under supervision
of a pretrial | ||||||
18 | services agency, probation department, or court services
| ||||||
19 | department. Reasonable fees may be charged for pretrial | ||||||
20 | services
including, but not limited to, pretrial | ||||||
21 | supervision, diversion programs,
electronic monitoring, | ||||||
22 | victim impact services, drug and alcohol testing, DNA | ||||||
23 | testing, GPS electronic monitoring, assessments and | ||||||
24 | evaluations related to domestic violence and other | ||||||
25 | victims, and
victim mediation services. The person | ||||||
26 | receiving pretrial services may be
ordered to pay all costs |
| |||||||
| |||||||
1 | incidental to pretrial services in accordance with his
or | ||||||
2 | her ability to pay those costs;
| ||||||
3 | (14.4) For persons charged with violating Section | ||||||
4 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
5 | a motor vehicle not equipped with an
ignition interlock | ||||||
6 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
7 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
8 | Secretary of State for the
installation of ignition
| ||||||
9 | interlock devices. Under this condition the court may allow | ||||||
10 | a defendant who is
not
self-employed to operate a vehicle | ||||||
11 | owned by the defendant's employer that is
not equipped with | ||||||
12 | an ignition interlock device in the course and scope of the
| ||||||
13 | defendant's employment;
| ||||||
14 | (15) Comply with the terms and conditions of an order | ||||||
15 | of protection
issued by the court under the Illinois | ||||||
16 | Domestic Violence Act of 1986 or an
order of protection | ||||||
17 | issued by the court of another state, tribe, or United
| ||||||
18 | States territory;
| ||||||
19 | (16) Under Section 110-6.5 comply with the conditions | ||||||
20 | of the drug testing
program; and
| ||||||
21 | (17) Such other reasonable conditions as the court may | ||||||
22 | impose.
| ||||||
23 | (c) When a person is charged with an offense under Section | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
25 | 12-14.1,
12-15 or 12-16 of the "Criminal Code of 1961", | ||||||
26 | involving a victim who is a
minor under 18 years of age living |
| |||||||
| |||||||
1 | in the same household with the defendant
at the time of the | ||||||
2 | offense, in granting bail or releasing the defendant on
his own | ||||||
3 | recognizance, the judge shall impose conditions to restrict the
| ||||||
4 | defendant's access to the victim which may include, but are not | ||||||
5 | limited to
conditions that he will:
| ||||||
6 | 1. Vacate the Household.
| ||||||
7 | 2. Make payment of temporary support to his dependents.
| ||||||
8 | 3. Refrain from contact or communication with the child | ||||||
9 | victim, except
as ordered by the court.
| ||||||
10 | (d) When a person is charged with a criminal offense and | ||||||
11 | the victim is
a family or household member as defined in | ||||||
12 | Article 112A, conditions shall
be imposed at the time of the | ||||||
13 | defendant's release on bond that restrict the
defendant's | ||||||
14 | access to the victim.
Unless provided otherwise by the court, | ||||||
15 | the
restrictions shall include
requirements that the defendant | ||||||
16 | do the following:
| ||||||
17 | (1) refrain from contact or communication with the | ||||||
18 | victim for a
minimum period of 72 hours following the | ||||||
19 | defendant's release; and
| ||||||
20 | (2) refrain from entering or remaining at the victim's | ||||||
21 | residence for a
minimum period of 72 hours following the | ||||||
22 | defendant's release.
| ||||||
23 | (e) Local law enforcement agencies shall develop | ||||||
24 | standardized bond forms
for use in cases involving family or | ||||||
25 | household members as defined in
Article 112A, including | ||||||
26 | specific conditions of bond as provided in
subsection (d). |
| |||||||
| |||||||
1 | Failure of any law enforcement department to develop or use
| ||||||
2 | those forms shall in no way limit the applicability and | ||||||
3 | enforcement of
subsections (d) and (f).
| ||||||
4 | (f) If the defendant is admitted to bail after conviction | ||||||
5 | the
conditions of the bail bond shall be that he will, in | ||||||
6 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
7 | hereof:
| ||||||
8 | (1) Duly prosecute his appeal;
| ||||||
9 | (2) Appear at such time and place as the court may | ||||||
10 | direct;
| ||||||
11 | (3) Not depart this State without leave of the court;
| ||||||
12 | (4) Comply with such other reasonable conditions as the | ||||||
13 | court may
impose; and
| ||||||
14 | (5) If the judgment is affirmed or the cause reversed | ||||||
15 | and remanded
for a new trial, forthwith surrender to the | ||||||
16 | officer from whose custody
he was bailed.
| ||||||
17 | (g) Upon a finding of guilty for any felony offense, the | ||||||
18 | defendant shall
physically surrender, at a time and place | ||||||
19 | designated by the court,
any and all firearms in his or her | ||||||
20 | possession and his or her Firearm Owner's
Identification Card | ||||||
21 | as a condition of remaining on bond pending sentencing.
| ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07; 96-340, eff. 8-11-09.)
| ||||||
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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
3 | 11-1.60, 11-14.3 that involves soliciting for a prostitute, | ||||||
4 | 11-14.4 that involves soliciting for a juvenile prostitute, | ||||||
5 | 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
| ||||||
6 | 12-2,
12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.3,
12-4.6, 12-5, | ||||||
7 | 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, | ||||||
8 | 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, or 21-3
of the | ||||||
9 | Criminal Code of 1961 or Section 1-1 of the Harassing and | ||||||
10 | Obscene Communications Act is alleged in an information, | ||||||
11 | complaint or indictment
on file, and the alleged offender and | ||||||
12 | victim are family or household members,
as defined in the | ||||||
13 | Illinois Domestic Violence Act, as now or hereafter amended,
| ||||||
14 | the People through the respective State's Attorneys may by | ||||||
15 | separate petition
and upon notice to the defendant, except as | ||||||
16 | provided in subsection (c) herein,
request the court to issue | ||||||
17 | an order of protection.
| ||||||
18 | (b) In addition to any other remedies specified in Section | ||||||
19 | 208 of the
Illinois Domestic Violence Act, as now or hereafter | ||||||
20 | amended, the order may
direct the defendant
to initiate no | ||||||
21 | contact with the alleged victim or victims who are family
or | ||||||
22 | household members and to refrain from entering the residence, | ||||||
23 | school
or place of business of the alleged victim or victims.
| ||||||
24 | (c) The court may grant emergency relief without notice | ||||||
25 | upon a showing
of immediate and present danger of abuse to the | ||||||
26 | victim or minor children of the
victim and may enter a |
| |||||||
| |||||||
1 | temporary order pending notice and full hearing on the
matter.
| ||||||
2 | (Source: P.A. 94-325, eff. 1-1-06.)
| ||||||
3 | (725 ILCS 5/114-4) (from Ch. 38, par. 114-4)
| ||||||
4 | Sec. 114-4. Motion for continuance.
| ||||||
5 | (a) The defendant or the State may move for a continuance. | ||||||
6 | If the
motion is made more than 30 days after arraignment the | ||||||
7 | court shall require
that it be in writing and supported by | ||||||
8 | affidavit.
| ||||||
9 | (b) A written motion for continuance made by defendant more | ||||||
10 | than 30 days
after arraignment may be granted when:
| ||||||
11 | (1) Counsel for the defendant is ill, has died, or is | ||||||
12 | held to trial
in another cause; or
| ||||||
13 | (2) Counsel for the defendant has been unable to | ||||||
14 | prepare for trial
because of illness or because he has been | ||||||
15 | held to trial in another
cause; or
| ||||||
16 | (3) A material witness is unavailable and the defense | ||||||
17 | will be
prejudiced by the absence of his testimony; | ||||||
18 | however, this shall not be a
ground for continuance if the | ||||||
19 | State will stipulate that the testimony of
the witness | ||||||
20 | would be as alleged; or
| ||||||
21 | (4) The defendant cannot stand trial because of | ||||||
22 | physical or mental
incompetency; or
| ||||||
23 | (5) Pre-trial publicity concerning the case has caused | ||||||
24 | a prejudice
against defendant on the part of the community; | ||||||
25 | or
|
| |||||||
| |||||||
1 | (6) The amendment of a charge or a bill of particulars | ||||||
2 | has taken the
defendant by surprise and he cannot fairly | ||||||
3 | defend against such an
amendment without a continuance.
| ||||||
4 | (c) A written motion for continuance made by the State more | ||||||
5 | than 30 days
after arraignment may be granted when:
| ||||||
6 | (1) The prosecutor assigned to the case is ill, has | ||||||
7 | died, or is held
to trial in another cause; or
| ||||||
8 | (2) A material witness is unavailable and the | ||||||
9 | prosecution will be
prejudiced by the absence of his | ||||||
10 | testimony; however this shall not be a
ground for | ||||||
11 | continuance if the defendant will stipulate that the
| ||||||
12 | testimony of the witness would be as alleged; or
| ||||||
13 | (3) Pre-trial publicity concerning the case has caused | ||||||
14 | a prejudice
against the prosecution on the part of the | ||||||
15 | community.
| ||||||
16 | (d) The court may upon the written motion of either party | ||||||
17 | or upon the
court's own motion order a continuance for grounds | ||||||
18 | not stated in
subsections (b) and (c) of this Section if he | ||||||
19 | finds that the interests
of justice so require.
| ||||||
20 | (e) All motions for continuance are addressed to the | ||||||
21 | discretion of
the trial court and shall be considered in the | ||||||
22 | light of the diligence
shown on the part of the movant. Where 1 | ||||||
23 | year has expired since the filing
of an information or | ||||||
24 | indictments, filed after January 1, 1980, if the court
finds | ||||||
25 | that the State has failed to use due diligence in bringing the | ||||||
26 | case
to trial, the court may, after a hearing had on the cause, |
| |||||||
| |||||||
1 | on its own
motion, dismiss the information or indictment. Any | ||||||
2 | demand that the
defendant had made for a speedy trial under | ||||||
3 | Section 103-5 of this code
shall not abate if the State files a | ||||||
4 | new information or the grand jury
reindicts in the cause.
| ||||||
5 | After a hearing has been held upon the issue of the State's | ||||||
6 | diligence and
the court has found that the State has failed to | ||||||
7 | use due diligence in pursuing
the prosecution, the court may | ||||||
8 | not dismiss the indictment or information
without granting the | ||||||
9 | State one more court date upon which to proceed. Such
date | ||||||
10 | shall be not less than 14 nor more than 30 days from the date of | ||||||
11 | the
court's finding. If the State is not prepared to proceed | ||||||
12 | upon that date,
the court shall dismiss the indictment or | ||||||
13 | information, as provided in
this Section.
| ||||||
14 | (f) After trial has begun a reasonably brief continuance | ||||||
15 | may be
granted to either side in the interests of justice.
| ||||||
16 | (g) During the time the General Assembly is in session, the | ||||||
17 | court
shall, on motion of either party or on its own motion, | ||||||
18 | grant a
continuance where the party or his attorney is a member | ||||||
19 | of either house
of the General Assembly whose presence is | ||||||
20 | necessary for the full, fair
trial of the cause and, in the | ||||||
21 | case of an attorney, where the attorney
was retained by the | ||||||
22 | party before the cause was set for trial.
| ||||||
23 | (h) This Section shall be construed to the end that | ||||||
24 | criminal cases
are tried with due diligence consonant with the | ||||||
25 | rights of the defendant
and the State to a speedy, fair and | ||||||
26 | impartial trial.
|
| |||||||
| |||||||
1 | (i) Physical incapacity of a defendant may be grounds for a
| ||||||
2 | continuance at any time. If, upon written motion of the | ||||||
3 | defendant or the State
or upon the court's own motion, and | ||||||
4 | after presentation of affidavits or
evidence, the court | ||||||
5 | determines that the defendant is physically unable
to appear in | ||||||
6 | court or to assist in his defense, or that such appearance
| ||||||
7 | would endanger his health or result in substantial prejudice, a
| ||||||
8 | continuance shall be granted. If such continuance precedes the
| ||||||
9 | appearance of counsel for such defendant the court shall | ||||||
10 | simultaneously
appoint counsel in the manner prescribed by | ||||||
11 | Section 113-3 of this Act.
Such continuance shall suspend the | ||||||
12 | provisions of Section 103-5 of this
Act, which periods of time | ||||||
13 | limitation shall commence anew when the
court, after | ||||||
14 | presentation of additional affidavits or evidence, has
| ||||||
15 | determined that such physical incapacity has been | ||||||
16 | substantially removed.
| ||||||
17 | (j) In actions arising out of building code violations or | ||||||
18 | violations
of municipal ordinances caused by the failure of a | ||||||
19 | building or structure
to conform to the minimum standards of | ||||||
20 | health and safety, the court shall
grant a continuance only | ||||||
21 | upon a written motion by the party seeking the
continuance | ||||||
22 | specifying the reason why such continuance should be granted.
| ||||||
23 | (k) In prosecutions for violations of Section 10-1, 10-2, | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
25 | 12-14.1,
12-15 or 12-16 of the "Criminal Code of 1961" | ||||||
26 | involving a victim or witness
who is a minor under 18 years of |
| |||||||
| |||||||
1 | age, the court shall, in ruling on any
motion or other request | ||||||
2 | for a delay or continuance of proceedings, consider
and give | ||||||
3 | weight to the adverse impact the delay or continuance may have | ||||||
4 | on
the well-being of a child or witness.
| ||||||
5 | (l) The court shall consider the age of the victim and the | ||||||
6 | condition
of the victim's health when ruling on a motion for a | ||||||
7 | continuance.
| ||||||
8 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
9 | (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| ||||||
10 | Sec. 115-7. a. In prosecutions for predatory criminal | ||||||
11 | sexual assault of a
child, aggravated criminal sexual assault,
| ||||||
12 | criminal sexual assault, aggravated criminal sexual abuse,
| ||||||
13 | criminal sexual abuse, or criminal transmission of HIV; and in
| ||||||
14 | prosecutions for battery and aggravated battery, when the | ||||||
15 | commission of the
offense involves sexual penetration or sexual | ||||||
16 | conduct as defined in Section
11-0.1 12-12 of the Criminal Code | ||||||
17 | of 1961; and with the trial or retrial of the
offenses formerly | ||||||
18 | known as rape, deviate sexual assault, indecent liberties
with | ||||||
19 | a child, and aggravated indecent liberties with a child, the | ||||||
20 | prior
sexual activity or the reputation of the alleged victim | ||||||
21 | or corroborating
witness under Section 115-7.3 of this Code is | ||||||
22 | inadmissible except
(1) as evidence
concerning the past sexual | ||||||
23 | conduct of the alleged victim or corroborating
witness under | ||||||
24 | Section 115-7.3 of this Code with the accused
when
this | ||||||
25 | evidence is offered by the accused upon the issue of whether |
| |||||||
| |||||||
1 | the alleged
victim or corroborating witness under Section | ||||||
2 | 115-7.3 of this Code
consented to the sexual conduct with | ||||||
3 | respect to which the offense is
alleged; or (2) when | ||||||
4 | constitutionally required to be admitted.
| ||||||
5 | b. No evidence admissible under this Section shall be | ||||||
6 | introduced unless
ruled admissible by the trial judge after an | ||||||
7 | offer of proof has been made
at a hearing to be held in camera | ||||||
8 | in order to determine whether the defense
has evidence to | ||||||
9 | impeach the witness in the event that prior sexual activity
| ||||||
10 | with the defendant is denied. Such offer of proof shall include
| ||||||
11 | reasonably specific information as to the date, time and place | ||||||
12 | of the past
sexual conduct
between the alleged victim or | ||||||
13 | corroborating witness under Section 115-7.3 of
this Code and | ||||||
14 | the defendant. Unless the court finds
that reasonably specific | ||||||
15 | information as to date, time or place, or some
combination | ||||||
16 | thereof, has been offered as to prior sexual activity with
the | ||||||
17 | defendant, counsel for the defendant shall be ordered
to | ||||||
18 | refrain from inquiring into prior sexual activity between the | ||||||
19 | alleged
victim or corroborating witness under Section 115-7.3 | ||||||
20 | of this Code and the
defendant.
The court shall not admit | ||||||
21 | evidence under this Section unless it determines at
the hearing | ||||||
22 | that the evidence is relevant and the probative value of the
| ||||||
23 | evidence outweighs the danger of unfair prejudice. The evidence | ||||||
24 | shall be
admissible at trial to the extent an order made by the | ||||||
25 | court specifies the
evidence that may be admitted and areas | ||||||
26 | with respect to which the alleged
victim or corroborating |
| |||||||
| |||||||
1 | witness under Section 115-7.3 of this Code may be
examined or | ||||||
2 | cross examined.
| ||||||
3 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||||||
4 | 90-132, eff.
1-1-98.)
| ||||||
5 | (725 ILCS 5/115-7.2) (from Ch. 38, par. 115-7.2)
| ||||||
6 | Sec. 115-7.2.
In a prosecution for an illegal sexual act | ||||||
7 | perpetrated upon a
victim, including but not limited to | ||||||
8 | prosecutions for violations of
Sections 11-1.20 through | ||||||
9 | 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, or | ||||||
10 | ritualized
abuse of a child under Section 12-33 of the Criminal | ||||||
11 | Code of 1961, testimony
by
an expert, qualified by the court | ||||||
12 | relating to any
recognized and accepted form of post-traumatic | ||||||
13 | stress syndrome shall be
admissible as evidence.
| ||||||
14 | (Source: P.A. 87-1167.)
| ||||||
15 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
16 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
17 | (a) In a prosecution for a physical or sexual act | ||||||
18 | perpetrated upon or
against a child under the age of 13, or a
| ||||||
19 | person who was a moderately, severely, or
profoundly mentally | ||||||
20 | retarded person as
defined in this
Code and in Section 2-10.1 | ||||||
21 | of the
Criminal Code of 1961 at the time the act was committed, | ||||||
22 | including but not
limited to prosecutions for violations of | ||||||
23 | Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
| ||||||
24 | Criminal Code of 1961 and prosecutions for violations of |
| |||||||
| |||||||
1 | Sections
10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 | ||||||
2 | (unlawful restraint), 10-3.1 (aggravated unlawful restraint), | ||||||
3 | 10-4 (forcible detention), 10-5 (child abduction), 10-6 | ||||||
4 | (harboring a runaway), 10-7 (aiding or abetting child | ||||||
5 | abduction), 11-9 (public indecency), 11-11 (sexual relations | ||||||
6 | within families), 11-21 (harmful material), 12-1 (assault), | ||||||
7 | 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic | ||||||
8 | battery),
12-4 (aggravated battery), 12-4.1 (heinous battery), | ||||||
9 | 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated | ||||||
10 | battery of a child), 12-4.7 (drug induced infliction of great | ||||||
11 | bodily harm), 12-5 (reckless conduct), 12-6 (intimidation), | ||||||
12 | 12-6.1 (compelling organization membership of persons), 12-7.1 | ||||||
13 | (hate crime), 12-7.3 (stalking),
12-7.4 (aggravated stalking), | ||||||
14 | 12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5 | ||||||
15 | (child abandonment), 12-21.6 (endangering the life or health of | ||||||
16 | a child) or 12-32 (ritual mutilation) of the Criminal Code of
| ||||||
17 | 1961 or any sex offense as defined in subsection (B) of Section | ||||||
18 | 2 of the Sex Offender Registration Act, the following evidence | ||||||
19 | shall be admitted as an exception to the
hearsay rule:
| ||||||
20 | (1) testimony by the victim of an out of court | ||||||
21 | statement made by the
victim that he or
she complained of | ||||||
22 | such act to another; and
| ||||||
23 | (2) testimony of an out of court statement made by the | ||||||
24 | victim describing
any complaint of such act or matter or | ||||||
25 | detail pertaining to any act which is an
element of an | ||||||
26 | offense which is the subject of a prosecution for a sexual |
| |||||||
| |||||||
1 | or
physical act against that victim.
| ||||||
2 | (b) Such testimony shall only be admitted if:
| ||||||
3 | (1) The court finds in a hearing conducted outside the | ||||||
4 | presence of the
jury that the time, content, and | ||||||
5 | circumstances of the statement provide
sufficient | ||||||
6 | safeguards of reliability; and
| ||||||
7 | (2) The child or moderately, severely, or
profoundly | ||||||
8 | mentally
retarded person either:
| ||||||
9 | (A) testifies at the proceeding; or
| ||||||
10 | (B) is unavailable as a witness and there is | ||||||
11 | corroborative evidence of
the act which is the subject | ||||||
12 | of the statement; and
| ||||||
13 | (3) In a case involving an offense perpetrated against | ||||||
14 | a child under the
age of 13, the out of court statement was | ||||||
15 | made before the
victim attained 13 years of age or within 3 | ||||||
16 | months after the commission of the
offense, whichever | ||||||
17 | occurs later, but the statement may be admitted regardless
| ||||||
18 | of the age of
the victim at the time of the proceeding.
| ||||||
19 | (c) If a statement is admitted pursuant to this Section, | ||||||
20 | the court shall
instruct the jury that it is for the jury to | ||||||
21 | determine the weight and
credibility to be given the statement | ||||||
22 | and that, in making the determination,
it shall consider the | ||||||
23 | age and maturity of the child, or the
intellectual capabilities | ||||||
24 | of the moderately,
severely,
or profoundly mentally
retarded
| ||||||
25 | person, the nature of the statement, the circumstances under | ||||||
26 | which the
statement was made, and any other relevant factor.
|
| |||||||
| |||||||
1 | (d) The proponent of the statement shall give the adverse | ||||||
2 | party
reasonable notice of his intention to offer the statement | ||||||
3 | and the
particulars of the statement.
| ||||||
4 | (e) Statements described in paragraphs (1) and (2) of | ||||||
5 | subsection (a) shall
not be excluded on the basis that they | ||||||
6 | were obtained as a result of interviews
conducted pursuant to a | ||||||
7 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
8 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
9 | Children's
Advocacy Center Act or that an interviewer or | ||||||
10 | witness to the interview was or
is an employee, agent, or | ||||||
11 | investigator of a State's Attorney's office.
| ||||||
12 | (Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
| ||||||
13 | (725 ILCS 5/115-10.3)
| ||||||
14 | Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||||||
15 | (a) In a prosecution for a physical act, abuse, neglect, or | ||||||
16 | financial
exploitation
perpetrated upon or against an eligible | ||||||
17 | adult, as defined in
the Elder Abuse
and Neglect
Act, who has | ||||||
18 | been diagnosed by a physician to suffer from (i) any form of
| ||||||
19 | dementia, developmental disability, or other form of mental | ||||||
20 | incapacity or (ii)
any physical infirmity, including but not | ||||||
21 | limited to
prosecutions for violations of Sections 10-1, 10-2, | ||||||
22 | 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
23 | 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, | ||||||
24 | 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, 12-7.4, 12-11, | ||||||
25 | 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, 17-1, |
| |||||||
| |||||||
1 | 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1,
24-1.2, and 33A-2 | ||||||
2 | of the
Criminal Code of 1961, the following evidence shall be | ||||||
3 | admitted
as an exception to the hearsay rule:
| ||||||
4 | (1) testimony by an eligible adult, of an out of court | ||||||
5 | statement made by
the eligible adult, that he or she | ||||||
6 | complained of such act to another; and
| ||||||
7 | (2) testimony of an out of court statement made by the
| ||||||
8 | eligible adult,
describing any complaint of such act or | ||||||
9 | matter or detail pertaining to any act
which is an element | ||||||
10 | of an offense which is the subject of a prosecution for
a | ||||||
11 | physical act, abuse, neglect, or financial exploitation | ||||||
12 | perpetrated
upon or
against the eligible adult.
| ||||||
13 | (b) Such testimony shall only be admitted if:
| ||||||
14 | (1) The court finds in a hearing conducted outside the | ||||||
15 | presence of the
jury that the time, content, and | ||||||
16 | circumstances of the statement provide
sufficient | ||||||
17 | safeguards of reliability; and
| ||||||
18 | (2) The eligible adult either:
| ||||||
19 | (A) testifies at the proceeding; or
| ||||||
20 | (B) is unavailable as a witness and there is | ||||||
21 | corroborative evidence of
the act which is the subject | ||||||
22 | of the statement.
| ||||||
23 | (c) If a statement is admitted pursuant to this Section, | ||||||
24 | the court shall
instruct the jury that it is for the jury to | ||||||
25 | determine the weight and
credibility to be given the statement | ||||||
26 | and that, in making the determination, it
shall consider the |
| |||||||
| |||||||
1 | condition of the eligible adult, the nature of
the
statement, | ||||||
2 | the circumstances under which the statement was made, and any | ||||||
3 | other
relevant factor.
| ||||||
4 | (d) The proponent of the statement shall give the adverse | ||||||
5 | party reasonable
notice of his or her intention to offer the | ||||||
6 | statement and the particulars of
the statement.
| ||||||
7 | (Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
| ||||||
8 | (725 ILCS 5/115-11) (from Ch. 38, par. 115-11)
| ||||||
9 | Sec. 115-11.
In a prosecution for a criminal offense | ||||||
10 | defined
in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
11 | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
| ||||||
12 | "Criminal Code of 1961", where the alleged victim of the | ||||||
13 | offense is a minor
under 18
years of age, the court may exclude | ||||||
14 | from the proceedings
while the victim is testifying, all | ||||||
15 | persons, who, in the opinion of the
court, do not have a direct | ||||||
16 | interest in the case, except the media.
| ||||||
17 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
18 | (725 ILCS 5/115-11.1) (from Ch. 38, par. 115-11.1)
| ||||||
19 | Sec. 115-11.1. Use of "Rape". The use of the word "rape", | ||||||
20 | "rapist", or
any derivative of "rape" by any victim, witness, | ||||||
21 | State's Attorney, defense
attorney, judge or other court | ||||||
22 | personnel in any prosecutions of offenses in
Sections 11-1.20 | ||||||
23 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
24 | 1961, as amended, is
not inadmissible.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-1117.)
| ||||||
2 | (725 ILCS 5/115-13) (from Ch. 38, par. 115-13)
| ||||||
3 | Sec. 115-13.
In a prosecution for violation of Section | ||||||
4 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
5 | 12-14.1,
12-15 or 12-16 of the "Criminal Code of 1961", | ||||||
6 | statements made by the
victim to medical personnel for purposes | ||||||
7 | of medical diagnosis or treatment
including descriptions of the | ||||||
8 | cause of symptom, pain or sensations, or the
inception or | ||||||
9 | general character of the cause or external source thereof
| ||||||
10 | insofar as reasonably pertinent to diagnosis or treatment shall | ||||||
11 | be admitted
as an exception to the hearsay rule.
| ||||||
12 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
13 | (725 ILCS 5/115-16)
| ||||||
14 | Sec. 115-16. Witness disqualification. No person shall
be | ||||||
15 | disqualified as a witness in a
criminal case or proceeding by | ||||||
16 | reason of his or her interest in the event of
the case or | ||||||
17 | proceeding, as a party or otherwise, or by reason of
his or her | ||||||
18 | having been convicted of a crime; but the
interest or | ||||||
19 | conviction may be shown for the purpose of affecting the
| ||||||
20 | credibility of the witness. A defendant in
a criminal case or | ||||||
21 | proceeding shall only at his or her own request
be deemed a | ||||||
22 | competent witness, and the person's neglect to testify shall | ||||||
23 | not
create a presumption against the person, nor shall the | ||||||
24 | court permit
a reference or comment to be made to or upon that
|
| |||||||
| |||||||
1 | neglect.
| ||||||
2 | In criminal cases, husband and wife may testify for or | ||||||
3 | against each
other. Neither, however, may testify as to any
| ||||||
4 | communication or admission
made by either of them to the other | ||||||
5 | or as to any conversation between them
during marriage, except | ||||||
6 | in cases in which either is charged with
an offense against the | ||||||
7 | person or property of the other, in case of
spouse abandonment, | ||||||
8 | when the interests of their child or
children or of any child | ||||||
9 | or children in either spouse's care, custody, or
control are | ||||||
10 | directly involved, when either is charged under Section | ||||||
11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, | ||||||
12 | 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 and the | ||||||
13 | victim is a minor under 18 years of age in
either spouse's | ||||||
14 | care, custody, or control at the time of the offense, or
as to | ||||||
15 | matters in which either has acted as agent of the other.
| ||||||
16 | (Source: P.A. 89-234, eff. 1-1-96; 89-428, eff. 12-13-95; | ||||||
17 | 89-462, eff.
5-29-96.)
| ||||||
18 | (725 ILCS 5/116-4)
| ||||||
19 | Sec. 116-4. Preservation of evidence for forensic testing.
| ||||||
20 | (a) Before or after the trial in a prosecution for a | ||||||
21 | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
22 | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | ||||||
23 | Code of 1961 or in a prosecution for an offense defined in | ||||||
24 | Article 9
of
that Code,
or in a prosecution for an attempt in | ||||||
25 | violation of Section 8-4 of that Code
of any of the |
| |||||||
| |||||||
1 | above-enumerated
offenses, unless otherwise provided herein | ||||||
2 | under subsection (b) or (c), a law
enforcement agency
or an | ||||||
3 | agent acting on behalf of the law enforcement agency shall
| ||||||
4 | preserve, subject to a continuous chain of
custody, any
| ||||||
5 | physical evidence
in their possession or control that is | ||||||
6 | reasonably likely to contain forensic
evidence,
including, but | ||||||
7 | not limited to, fingerprints or biological material
secured in | ||||||
8 | relation to a trial and with sufficient
documentation to locate
| ||||||
9 | that evidence.
| ||||||
10 | (b) After a judgment of conviction is entered,
the evidence | ||||||
11 | shall
either be impounded
with the Clerk of the Circuit Court | ||||||
12 | or shall be securely retained by a law
enforcement agency.
| ||||||
13 | Retention shall be
permanent in cases where a sentence of death | ||||||
14 | is imposed. Retention shall be
until the
completion of the | ||||||
15 | sentence, including the period of mandatory supervised
release | ||||||
16 | for the
offense, or January 1, 2006, whichever is later, for | ||||||
17 | any conviction for an
offense or an attempt of an offense | ||||||
18 | defined
in Article 9 of the Criminal Code of 1961 or in Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
20 | 12-14.1,
12-15, or
12-16 of the Criminal Code of 1961 or for 7 | ||||||
21 | years following any conviction for any other felony for which
| ||||||
22 | the
defendant's
genetic profile may be taken by a law | ||||||
23 | enforcement agency and submitted for
comparison in a forensic | ||||||
24 | DNA database for unsolved offenses.
| ||||||
25 | (c) After a judgment of conviction is entered, the
law
| ||||||
26 | enforcement agency
required to retain evidence described in |
| |||||||
| |||||||
1 | subsection
(a) may petition the court
with notice to the
| ||||||
2 | defendant or, in cases where the defendant has died, his | ||||||
3 | estate, his attorney
of record, or an attorney appointed for | ||||||
4 | that purpose by the court
for entry
of an order allowing it to | ||||||
5 | dispose of evidence if, after a
hearing, the court
determines | ||||||
6 | by a preponderance of the evidence that:
| ||||||
7 | (1) it has no significant value for forensic science | ||||||
8 | analysis and
should
be
returned to its rightful owner, | ||||||
9 | destroyed, used for training purposes, or as
otherwise | ||||||
10 | provided by law; or
| ||||||
11 | (2) it has no significant value for forensic science | ||||||
12 | analysis and is of
a size,
bulk, or physical character not | ||||||
13 | usually retained by the law enforcement
agency and cannot | ||||||
14 | practicably be retained by the law enforcement
agency; or
| ||||||
15 | (3) there no longer exists a reasonable basis to | ||||||
16 | require the
preservation of the
evidence because of the | ||||||
17 | death of the defendant; however, this paragraph (3)
does | ||||||
18 | not
apply if a sentence of death was imposed.
| ||||||
19 | (d) The court may order the disposition of the evidence if | ||||||
20 | the
defendant is allowed
the opportunity to take reasonable | ||||||
21 | measures to remove or preserve portions of
the evidence in
| ||||||
22 | question for future testing.
| ||||||
23 | (d-5) Any order allowing the disposition of evidence | ||||||
24 | pursuant to
subsection (c)
or (d)
shall be a final and | ||||||
25 | appealable order. No evidence shall be disposed of until
30 | ||||||
26 | days after
the order is entered, and if a notice of appeal is |
| |||||||
| |||||||
1 | filed, no evidence shall be
disposed of
until the mandate has | ||||||
2 | been received by the circuit court from the appellate
court.
| ||||||
3 | (d-10) All records documenting the possession,
control, | ||||||
4 | storage, and destruction of evidence and all police reports, | ||||||
5 | evidence
control or inventory records, and other reports cited | ||||||
6 | in this Section,
including computer records, must be
retained | ||||||
7 | for as
long as the evidence exists and may not be disposed of | ||||||
8 | without the approval of
the Local
Records Commission.
| ||||||
9 | (e) In this Section, "law enforcement agency"
includes any | ||||||
10 | of the following or an agent acting on behalf of any of the
| ||||||
11 | following:
a municipal police department, county sheriff's | ||||||
12 | office, any prosecuting
authority,
the Department of State | ||||||
13 | Police, or any other State, university, county,
federal, or
| ||||||
14 | municipal police
unit or police force.
| ||||||
15 | "Biological material" includes, but is not limited to, any | ||||||
16 | blood, hair,
saliva, or semen from which
genetic marker | ||||||
17 | groupings may be obtained.
| ||||||
18 | (Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
| ||||||
19 | (725 ILCS 5/124B-10) | ||||||
20 | Sec. 124B-10. Applicability; offenses. This Article | ||||||
21 | applies to forfeiture of property in connection with the | ||||||
22 | following: | ||||||
23 | (1) A violation of Section 10A-10 of the Criminal Code | ||||||
24 | of 1961 (involuntary servitude; involuntary servitude of a | ||||||
25 | minor; trafficking of persons for forced labor or |
| |||||||
| |||||||
1 | services). | ||||||
2 | (2) A violation of subdivision (a)(1) of Section | ||||||
3 | 11-14.4 of the Criminal Code of 1961 (promoting juvenile | ||||||
4 | prostitution) or a violation of Section 11-17.1 of the | ||||||
5 | Criminal Code of 1961 (keeping a place of juvenile | ||||||
6 | prostitution). | ||||||
7 | (3) A violation of subdivision (a)(4) of Section | ||||||
8 | 11-14.4 of the Criminal Code of 1961 (promoting juvenile | ||||||
9 | prostitution) or a violation of Section 11-19.2 of the | ||||||
10 | Criminal Code of 1961 (exploitation of a child). | ||||||
11 | (4) A violation of Section 11-20 of the Criminal Code | ||||||
12 | of 1961 (obscenity). | ||||||
13 | (5) A second or subsequent violation of Section 11-20.1 | ||||||
14 | of the Criminal Code of 1961 (child pornography). | ||||||
15 | (6) A violation of Section 11-20.1B or 11-20.3 of the | ||||||
16 | Criminal Code of 1961 (aggravated child pornography). | ||||||
17 | (7) A violation of Section 16D-5 of the Criminal Code | ||||||
18 | of 1961 (computer fraud). | ||||||
19 | (8) A felony violation of Article 17B of the Criminal | ||||||
20 | Code of 1961 (WIC fraud). | ||||||
21 | (9) A felony violation of Section 26-5 of the Criminal | ||||||
22 | Code of 1961 (dog fighting). | ||||||
23 | (10) A violation of Article 29D of the Criminal Code of | ||||||
24 | 1961 (terrorism). | ||||||
25 | (11) A felony violation of Section 4.01 of the Humane | ||||||
26 | Care for Animals Act (animals in entertainment).
|
| |||||||
| |||||||
1 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
2 | (725 ILCS 5/124B-100) | ||||||
3 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
4 | Article, "offense" is defined as follows: | ||||||
5 | (1) In the case of forfeiture authorized under Section | ||||||
6 | 10A-15 of the Criminal Code of 1961, "offense" means the | ||||||
7 | offense of involuntary servitude, involuntary servitude of | ||||||
8 | a minor, or trafficking of persons for forced labor or | ||||||
9 | services in violation of Section 10A-10 of that Code. | ||||||
10 | (2) In the case of forfeiture authorized under | ||||||
11 | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1 , | ||||||
12 | of the Criminal Code of 1961, "offense" means the offense | ||||||
13 | of promoting juvenile prostitution or keeping a place of | ||||||
14 | juvenile prostitution in violation of subdivision (a)(1) | ||||||
15 | of Section 11-14.4, or Section 11-17.1 , of that Code. | ||||||
16 | (3) In the case of forfeiture authorized under | ||||||
17 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2 , | ||||||
18 | of the Criminal Code of 1961, "offense" means the offense | ||||||
19 | of promoting juvenile prostitution or exploitation of a | ||||||
20 | child in violation of subdivision (a)(4) of Section | ||||||
21 | 11-14.4, or Section 11-19.2 , of that Code. | ||||||
22 | (4) In the case of forfeiture authorized under Section | ||||||
23 | 11-20 of the Criminal Code of 1961, "offense" means the | ||||||
24 | offense of obscenity in violation of that Section. | ||||||
25 | (5) In the case of forfeiture authorized under Section |
| |||||||
| |||||||
1 | 11-20.1 of the Criminal Code of 1961, "offense" means the | ||||||
2 | offense of child pornography in violation of Section | ||||||
3 | 11-20.1 of that Code. | ||||||
4 | (6) In the case of forfeiture authorized under Section | ||||||
5 | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | ||||||
6 | means the offense of aggravated child pornography in | ||||||
7 | violation of Section 11-20.1B or 11-20.3 of that Code. | ||||||
8 | (7) In the case of forfeiture authorized under Section | ||||||
9 | 16D-6 of the Criminal Code of 1961, "offense" means the | ||||||
10 | offense of computer fraud in violation of Section 16D-5 of | ||||||
11 | that Code. | ||||||
12 | (8) In the case of forfeiture authorized under Section | ||||||
13 | 17B-25 of the Criminal Code of 1961, "offense" means any | ||||||
14 | felony violation of Article 17B of that Code. | ||||||
15 | (9) In the case of forfeiture authorized under Section | ||||||
16 | 29D-65 of the Criminal Code of 1961, "offense" means any | ||||||
17 | offense under Article 29D of that Code. | ||||||
18 | (10) In the case of forfeiture authorized under Section | ||||||
19 | 4.01 of the Humane Care for Animals Act or Section 26-5 of | ||||||
20 | the Criminal Code of 1961, "offense" means any felony | ||||||
21 | offense under either of those Sections.
| ||||||
22 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
23 | (725 ILCS 5/124B-420)
| ||||||
24 | Sec. 124B-420. Distribution of property and sale proceeds. | ||||||
25 | (a) All moneys and the sale proceeds of all other property |
| |||||||
| |||||||
1 | forfeited and seized under this Part 400 shall be distributed | ||||||
2 | as follows: | ||||||
3 | (1) 50% shall be distributed to the unit of local | ||||||
4 | government whose officers or employees conducted the | ||||||
5 | investigation into the offense and caused the arrest or | ||||||
6 | arrests and prosecution leading to the forfeiture, except | ||||||
7 | that if the investigation, arrest or arrests, and | ||||||
8 | prosecution leading to the forfeiture were undertaken by | ||||||
9 | the sheriff, this portion shall be distributed to the | ||||||
10 | county for deposit into a special fund in the county | ||||||
11 | treasury appropriated to the sheriff. Amounts distributed | ||||||
12 | to the county for the sheriff or to units of local | ||||||
13 | government under this paragraph shall be used for | ||||||
14 | enforcement of laws or ordinances governing obscenity and | ||||||
15 | child pornography. If the investigation, arrest or | ||||||
16 | arrests, and prosecution leading to the forfeiture were | ||||||
17 | undertaken solely by a State agency, however, the portion | ||||||
18 | designated in this paragraph shall be paid into the State | ||||||
19 | treasury to be used for enforcement of laws governing | ||||||
20 | obscenity and child pornography. | ||||||
21 | (2) 25% shall be distributed to the county in which the | ||||||
22 | prosecution resulting in the forfeiture was instituted, | ||||||
23 | deposited into a special fund in the county treasury, and | ||||||
24 | appropriated to the State's Attorney for use in the | ||||||
25 | enforcement of laws governing obscenity and child | ||||||
26 | pornography. |
| |||||||
| |||||||
1 | (3) 25% shall be distributed to the Office of the | ||||||
2 | State's Attorneys Appellate Prosecutor and deposited into | ||||||
3 | the Obscenity Profits Forfeiture Fund, which is hereby | ||||||
4 | created in the State treasury, to be used by the Office of | ||||||
5 | the State's Attorneys Appellate Prosecutor for additional | ||||||
6 | expenses incurred in prosecuting appeals arising under | ||||||
7 | Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the | ||||||
8 | Criminal Code of 1961. Any amounts remaining in the Fund | ||||||
9 | after all additional expenses have been paid shall be used | ||||||
10 | by the Office to reduce the participating county | ||||||
11 | contributions to the Office on a pro-rated basis as | ||||||
12 | determined by the board of governors of the Office of the | ||||||
13 | State's Attorneys Appellate Prosecutor based on the | ||||||
14 | populations of the participating counties. | ||||||
15 | (b) Before any distribution under subsection (a), the | ||||||
16 | Attorney General or State's Attorney shall retain from the | ||||||
17 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
18 | to cover expenses related to the administration and sale of the | ||||||
19 | forfeited property.
| ||||||
20 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
21 | (725 ILCS 5/124B-500)
| ||||||
22 | Sec. 124B-500. Persons and property subject to forfeiture. | ||||||
23 | A person who commits the offense of promoting juvenile | ||||||
24 | prostitution, keeping a place of juvenile prostitution, | ||||||
25 | exploitation of a child, child pornography, or aggravated child |
| |||||||
| |||||||
1 | pornography under subdivision (a)(1) or (a)(4) of Section | ||||||
2 | 11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, | ||||||
3 | or 11-20.3 of the Criminal Code of 1961 shall forfeit the | ||||||
4 | following property to the State
of Illinois: | ||||||
5 | (1) Any profits or proceeds and any property the person | ||||||
6 | has acquired or maintained in violation of subdivision | ||||||
7 | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | ||||||
8 | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | ||||||
9 | the Criminal Code of 1961 that the sentencing court | ||||||
10 | determines, after a forfeiture hearing under this Article, | ||||||
11 | to have been acquired or maintained as a result of keeping | ||||||
12 | a place of juvenile prostitution, exploitation of a child, | ||||||
13 | child pornography, or aggravated child pornography. | ||||||
14 | (2) Any interest in, securities of, claim against, or | ||||||
15 | property or contractual right of any kind affording a | ||||||
16 | source of influence over any enterprise that the person has | ||||||
17 | established, operated, controlled, or conducted in | ||||||
18 | violation of subdivision (a)(1) or (a)(4) of Section | ||||||
19 | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | ||||||
20 | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | ||||||
21 | that the sentencing court determines, after a forfeiture | ||||||
22 | hearing under this Article, to have been acquired or | ||||||
23 | maintained as a result of keeping a place of juvenile | ||||||
24 | prostitution, exploitation of a child, child pornography, | ||||||
25 | or aggravated child pornography. | ||||||
26 | (3) Any computer that contains a depiction of child |
| |||||||
| |||||||
1 | pornography in any encoded or decoded format in violation | ||||||
2 | of Section 11-20.1 , 11-20.1B, or 11-20.3 of the Criminal | ||||||
3 | Code of 1961. For purposes of this paragraph (3), | ||||||
4 | "computer" has the meaning ascribed to it in Section 16D-2 | ||||||
5 | of the Criminal Code of 1961.
| ||||||
6 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
7 | Section 1045. The Bill of Rights for Children is amended by | ||||||
8 | changing Section 3 as follows:
| ||||||
9 | (725 ILCS 115/3) (from Ch. 38, par. 1353)
| ||||||
10 | Sec. 3. Rights to present child impact statement.
| ||||||
11 | (a) In any case where
a defendant has been convicted of a | ||||||
12 | violent crime involving a child or a
juvenile has been | ||||||
13 | adjudicated a delinquent for any offense defined in
Sections | ||||||
14 | 11-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20 | ||||||
15 | through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||||||
16 | 1961, except those in
which both parties have agreed to the | ||||||
17 | imposition of a specific sentence,
and a parent or legal | ||||||
18 | guardian of the child involved is present in the
courtroom at | ||||||
19 | the time of the sentencing or the disposition hearing, the
| ||||||
20 | parent or legal guardian upon his or her request shall have the | ||||||
21 | right to
address the court regarding the impact which the | ||||||
22 | defendant's criminal
conduct or the juvenile's delinquent | ||||||
23 | conduct has had upon the child. If
the parent or legal guardian | ||||||
24 | chooses to exercise this right, the impact
statement must have |
| |||||||
| |||||||
1 | been prepared in writing in conjunction with the Office
of the | ||||||
2 | State's Attorney prior to the initial hearing or sentencing, | ||||||
3 | before
it can be presented orally at the sentencing hearing. | ||||||
4 | The court shall
consider any statements made by the parent or | ||||||
5 | legal guardian, along with
all other appropriate factors in | ||||||
6 | determining the sentence of the defendant
or disposition of | ||||||
7 | such juvenile.
| ||||||
8 | (b) The crime victim has the right to prepare a victim | ||||||
9 | impact statement
and present it to the office of the State's | ||||||
10 | Attorney at any time during the
proceedings.
| ||||||
11 | (c) This Section shall apply to any child victims of any | ||||||
12 | offense defined
in
Sections 11-1.20 through 11-1.60 or 12-13 | ||||||
13 | through 12-16 of the Criminal Code of 1961 during any
| ||||||
14 | dispositional hearing under Section 5-705 of the Juvenile Court
| ||||||
15 | Act of 1987
which takes place pursuant to an adjudication of | ||||||
16 | delinquency for any such
offense.
| ||||||
17 | (Source: P.A. 96-292, eff. 1-1-10.)
| ||||||
18 | Section 1047. The Rights of Crime Victims and Witnesses Act | ||||||
19 | is amended by changing Section 3 as follows:
| ||||||
20 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
21 | Sec. 3. The terms used in this Act, unless the context | ||||||
22 | clearly
requires otherwise, shall have the following meanings:
| ||||||
23 | (a) "Crime victim" and "victim" mean (1) a person | ||||||
24 | physically injured in this State as a
result of a violent crime |
| |||||||
| |||||||
1 | perpetrated or attempted against that person or (2) a
person | ||||||
2 | who suffers injury to or loss of property as a result of a | ||||||
3 | violent crime
perpetrated or attempted against that person or | ||||||
4 | (3) a single
representative who
may be the spouse, parent, | ||||||
5 | child or sibling of a person killed as a result of a
violent | ||||||
6 | crime perpetrated against the person killed or the spouse, | ||||||
7 | parent,
child or sibling of any person granted rights under | ||||||
8 | this Act who is physically
or mentally incapable of exercising | ||||||
9 | such rights, except where the spouse,
parent, child or sibling | ||||||
10 | is also the defendant or prisoner or (4) any person
against | ||||||
11 | whom a violent crime has been committed or (5) any person
who | ||||||
12 | has suffered personal injury as a result of a violation of | ||||||
13 | Section 11-501
of the Illinois Vehicle Code, or of a similar | ||||||
14 | provision of a local ordinance,
or of Section 9-3 of the | ||||||
15 | Criminal Code of 1961, as amended or (6) in proceedings under | ||||||
16 | the Juvenile Court Act of 1987, both parents, legal guardians, | ||||||
17 | foster parents, or a single adult representative of a minor or | ||||||
18 | disabled person who is a crime victim.
| ||||||
19 | (b) "Witness" means any person who personally observed the | ||||||
20 | commission of
a violent crime and who will testify on behalf of | ||||||
21 | the State of Illinois in
the criminal prosecution of the | ||||||
22 | violent crime.
| ||||||
23 | (c) "Violent Crime" means any felony in which force or | ||||||
24 | threat of force was
used against the victim, or any offense | ||||||
25 | involving sexual exploitation, sexual
conduct or sexual | ||||||
26 | penetration, or a violation of Section 11-20.1 , 11-20.1B, or |
| |||||||
| |||||||
1 | 11-20.3 of the Criminal Code of 1961, domestic battery, | ||||||
2 | violation of an order of
protection, stalking, or any | ||||||
3 | misdemeanor which results in death or great bodily
harm to the | ||||||
4 | victim or any violation of Section 9-3 of the Criminal Code of
| ||||||
5 | 1961, or Section 11-501 of the Illinois Vehicle
Code, or a | ||||||
6 | similar provision of a local ordinance, if the violation | ||||||
7 | resulted
in personal injury or death, and includes any action | ||||||
8 | committed by a juvenile
that would be a violent crime if | ||||||
9 | committed by an adult. For the purposes of
this paragraph, | ||||||
10 | "personal injury" shall include any Type A injury as indicated
| ||||||
11 | on the traffic accident report completed by a law enforcement | ||||||
12 | officer that
requires immediate professional attention in | ||||||
13 | either a doctor's office or
medical facility. A type A injury | ||||||
14 | shall include severely bleeding wounds,
distorted extremities, | ||||||
15 | and injuries that require the injured party to be
carried from | ||||||
16 | the scene.
| ||||||
17 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
18 | is imposed
by the court on a convicted defendant and includes | ||||||
19 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
20 | and 5-7-7 of the Unified Code of
Corrections except those cases | ||||||
21 | in which both parties have agreed to the
imposition of a | ||||||
22 | specific sentence.
| ||||||
23 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
24 | any hearing the
effect of which may be the release of the | ||||||
25 | defendant from custody or to alter
the conditions of bond, the | ||||||
26 | trial, sentencing hearing, notice of appeal, any
modification |
| |||||||
| |||||||
1 | of sentence, probation revocation hearings or parole hearings.
| ||||||
2 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
3 | friends of the victim, witnesses to the
crime, or any other | ||||||
4 | person associated with the victim or prisoner. | ||||||
5 | (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
6 | 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
| ||||||
7 | Section 1050. The Sex Offense Victim Polygraph Act is | ||||||
8 | amended by changing Section 1 as follows:
| ||||||
9 | (725 ILCS 200/1) (from Ch. 38, par. 1551)
| ||||||
10 | Sec. 1. Lie Detector Tests. (a) No law enforcement officer,
| ||||||
11 | State's Attorney or other official shall require an alleged | ||||||
12 | victim of
an offense described in Sections 11-1.20 through | ||||||
13 | 11-1.60 or 12-13 through 12-16 of
the Criminal Code of 1961, as | ||||||
14 | amended,
to submit to a
polygraph examination or any form of a | ||||||
15 | mechanical or electrical lie
detector test as a condition for | ||||||
16 | proceeding with the investigation, charging or
prosecution of | ||||||
17 | such offense, and such test shall be administered to such
| ||||||
18 | victim solely at the victim's request.
| ||||||
19 | (b) A victim's refusal to submit to a polygraph or any form | ||||||
20 | of a
mechanical or electrical lie detector test shall not | ||||||
21 | mitigate against the
investigation, charging or prosecution of | ||||||
22 | the
pending case as originally charged.
| ||||||
23 | (Source: P.A. 85-664.)
|
| |||||||
| |||||||
1 | Section 1055. The Sexually Violent Persons Commitment Act | ||||||
2 | is amended by changing Section 5 as follows:
| ||||||
3 | (725 ILCS 207/5)
| ||||||
4 | Sec. 5. Definitions. As used in this Act, the term:
| ||||||
5 | (a) "Department" means the Department of Human
Services.
| ||||||
6 | (b) "Mental disorder" means a congenital or acquired
| ||||||
7 | condition affecting the emotional or volitional capacity that
| ||||||
8 | predisposes a person to engage in acts of sexual violence.
| ||||||
9 | (c) "Secretary" means the Secretary of
Human Services.
| ||||||
10 | (d) "Sexually motivated" means that one of the purposes for
| ||||||
11 | an act is for the actor's sexual arousal or gratification.
| ||||||
12 | (e) "Sexually violent offense" means any of the following:
| ||||||
13 | (1) Any crime specified in Section 11-1.20, 11-1.30, | ||||||
14 | 11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.3, 12-13, 12-14, | ||||||
15 | 12-14.1,
or 12-16 of the Criminal Code of 1961; or
| ||||||
16 | (1.5) Any former law of this State specified in Section | ||||||
17 | 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | ||||||
18 | liberties with a child) or 11-4.1
(aggravated indecent | ||||||
19 | liberties with a child) of the Criminal Code of 1961; or
| ||||||
20 | (2) First degree murder, if it is determined by the | ||||||
21 | agency
with jurisdiction to have been sexually motivated; | ||||||
22 | or
| ||||||
23 | (3) Any solicitation, conspiracy or attempt to commit a
| ||||||
24 | crime under paragraph (e)(1) or (e)(2) of this Section.
| ||||||
25 | (f) "Sexually violent person" means a person who has been
|
| |||||||
| |||||||
1 | convicted of a sexually violent offense, has been adjudicated
| ||||||
2 | delinquent for a sexually violent offense, or has been found | ||||||
3 | not
guilty of a sexually violent offense by
reason of insanity | ||||||
4 | and who is
dangerous because he or she suffers from a mental | ||||||
5 | disorder that
makes it substantially probable that the person | ||||||
6 | will engage in
acts of sexual violence.
| ||||||
7 | (Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09.)
| ||||||
8 | Section 1060. The Statewide Grand Jury Act is amended by | ||||||
9 | changing Sections 2 and 3 as follows:
| ||||||
10 | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||||||
11 | Sec. 2.
(a) County grand juries and State's Attorneys have | ||||||
12 | always had
and
shall continue to have primary responsibility | ||||||
13 | for investigating, indicting,
and prosecuting persons who | ||||||
14 | violate the criminal laws of the State of
Illinois. However, in | ||||||
15 | recent years organized terrorist activity directed
against | ||||||
16 | innocent civilians and certain criminal enterprises have
| ||||||
17 | developed that require investigation, indictment, and | ||||||
18 | prosecution on a
statewide or multicounty level. The criminal | ||||||
19 | enterprises exist
as a result of the
allure of profitability | ||||||
20 | present in narcotic activity, the unlawful sale and
transfer of | ||||||
21 | firearms, and streetgang related felonies and organized | ||||||
22 | terrorist
activity is supported by the contribution of money | ||||||
23 | and expert assistance from
geographically diverse sources. In
| ||||||
24 | order to shut off the life blood of terrorism and
weaken or |
| |||||||
| |||||||
1 | eliminate the criminal enterprises, assets, and
property
used | ||||||
2 | to further these offenses must be frozen, and any profit must | ||||||
3 | be
removed. State
statutes exist that can accomplish that goal. | ||||||
4 | Among them are the offense of
money laundering, the Cannabis | ||||||
5 | and Controlled Substances Tax Act, violations
of Article 29D of | ||||||
6 | the Criminal Code of 1961, the
Narcotics Profit Forfeiture Act, | ||||||
7 | and gunrunning. Local prosecutors need
investigative personnel | ||||||
8 | and specialized training to attack and eliminate these
profits. | ||||||
9 | In light of the transitory and complex nature of conduct that
| ||||||
10 | constitutes these criminal activities, the many diverse | ||||||
11 | property interests that
may be used, acquired directly or | ||||||
12 | indirectly as a result of these criminal
activities, and the | ||||||
13 | many places that illegally obtained property may be
located, it | ||||||
14 | is the purpose of this Act to create a limited, multicounty
| ||||||
15 | Statewide Grand Jury with authority to investigate, indict, and | ||||||
16 | prosecute:
narcotic activity, including cannabis and | ||||||
17 | controlled substance trafficking,
narcotics racketeering, | ||||||
18 | money laundering, violations of the Cannabis
and
Controlled | ||||||
19 | Substances Tax Act, and violations of Article 29D of the | ||||||
20 | Criminal
Code of 1961; the unlawful sale and transfer of | ||||||
21 | firearms;
gunrunning; and streetgang related felonies.
| ||||||
22 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
23 | and prosecute
violations facilitated by the use of a computer | ||||||
24 | of any of
the
following offenses: indecent solicitation of a | ||||||
25 | child, sexual exploitation of a
child, soliciting for a | ||||||
26 | juvenile prostitute, keeping a place of juvenile
prostitution, |
| |||||||
| |||||||
1 | juvenile pimping, or child pornography , aggravated child | ||||||
2 | pornography, or promoting juvenile prostitution except as | ||||||
3 | described in subdivision (a)(4) of Section 11-14.4 of the | ||||||
4 | Criminal Code of 1961 .
| ||||||
5 | (Source: P.A. 91-225, eff. 1-1-00; 92-854, eff. 12-5-02.)
| ||||||
6 | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||||||
7 | Sec. 3. Written application for the appointment of a | ||||||
8 | Circuit
Judge to convene and preside over a Statewide Grand | ||||||
9 | Jury, with jurisdiction
extending throughout the State, shall | ||||||
10 | be made to the Chief Justice of the
Supreme Court. Upon such | ||||||
11 | written application, the Chief Justice of the
Supreme Court | ||||||
12 | shall appoint a Circuit Judge from the circuit where the
| ||||||
13 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
14 | make a
determination that the convening of a Statewide Grand | ||||||
15 | Jury is necessary.
| ||||||
16 | In such application the Attorney General shall state that | ||||||
17 | the convening
of a Statewide Grand Jury is necessary because of | ||||||
18 | an alleged offense or
offenses set forth in this Section | ||||||
19 | involving more than one county of the
State and identifying any | ||||||
20 | such offense alleged; and
| ||||||
21 | (a) that he or she believes that the grand jury | ||||||
22 | function for the
investigation and indictment of the | ||||||
23 | offense or offenses cannot effectively be
performed by a | ||||||
24 | county grand jury together with the reasons for such
| ||||||
25 | belief, and
|
| |||||||
| |||||||
1 | (b)(1) that each State's Attorney with jurisdiction | ||||||
2 | over an offense
or offenses to be investigated has | ||||||
3 | consented to the impaneling of the
Statewide Grand | ||||||
4 | Jury, or
| ||||||
5 | (2) if one or more of the State's Attorneys having | ||||||
6 | jurisdiction over
an offense or offenses to be | ||||||
7 | investigated fails to consent to the impaneling
of the | ||||||
8 | Statewide Grand Jury, the Attorney General shall set | ||||||
9 | forth good cause
for impaneling the Statewide Grand | ||||||
10 | Jury.
| ||||||
11 | If the Circuit Judge determines that the convening of a | ||||||
12 | Statewide Grand
Jury is necessary, he or she shall convene and | ||||||
13 | impanel the Statewide Grand
Jury with jurisdiction extending | ||||||
14 | throughout the State to investigate and
return indictments:
| ||||||
15 | (a) For violations of any of the following or for any | ||||||
16 | other criminal
offense committed in the course of violating | ||||||
17 | any of the following: Article
29D of the Criminal Code of | ||||||
18 | 1961, the
Illinois Controlled Substances Act, the Cannabis | ||||||
19 | Control Act, the Methamphetamine Control and Community | ||||||
20 | Protection Act, the Narcotics
Profit Forfeiture Act, or the | ||||||
21 | Cannabis and Controlled Substances Tax Act; a
streetgang | ||||||
22 | related felony offense; Section 24-2.1, 24-2.2, 24-3, | ||||||
23 | 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||||||
24 | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | ||||||
25 | 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a | ||||||
26 | money
laundering offense; provided that the violation or |
| |||||||
| |||||||
1 | offense involves acts
occurring in more than one county of | ||||||
2 | this State; and
| ||||||
3 | (a-5) For violations facilitated by the use of a | ||||||
4 | computer, including
the use of the Internet, the World Wide | ||||||
5 | Web, electronic mail, message board,
newsgroup, or any | ||||||
6 | other commercial or noncommercial on-line service, of any | ||||||
7 | of
the following offenses: indecent solicitation of a | ||||||
8 | child, sexual exploitation
of a child, soliciting for a | ||||||
9 | juvenile prostitute, keeping a place of juvenile
| ||||||
10 | prostitution, juvenile pimping, or child pornography , | ||||||
11 | aggravated child pornography, or promoting juvenile | ||||||
12 | prostitution except as described in subdivision (a)(4) of | ||||||
13 | Section 11-14.4 of the Criminal Code of 1961 ; and
| ||||||
14 | (b) For the offenses of perjury, subornation of | ||||||
15 | perjury, communicating
with jurors and witnesses, and | ||||||
16 | harassment of jurors and witnesses, as they
relate to | ||||||
17 | matters before the Statewide Grand Jury.
| ||||||
18 | "Streetgang related" has the meaning ascribed to it in | ||||||
19 | Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||||||
20 | Prevention Act.
| ||||||
21 | Upon written application by the Attorney General for the | ||||||
22 | convening of an
additional Statewide Grand Jury, the Chief | ||||||
23 | Justice of the Supreme Court shall
appoint a Circuit Judge from | ||||||
24 | the circuit for which the additional Statewide
Grand Jury is | ||||||
25 | sought. The Circuit Judge shall determine the necessity for
an | ||||||
26 | additional Statewide Grand Jury in accordance with the |
| |||||||
| |||||||
1 | provisions of this
Section. No more than 2 Statewide Grand | ||||||
2 | Juries may be empaneled at any time.
| ||||||
3 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
4 | Section 1065. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-1, 5-4-3, 5-4-3.2, | ||||||
6 | 5-5-3, 5-5-3.2, 5-5-6, 5-6-1, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and | ||||||
7 | 5-9-1.7 as follows:
| ||||||
8 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||
9 | Sec. 3-1-2. Definitions. | ||||||
10 | (a) "Chief Administrative Officer" means the
person | ||||||
11 | designated by the Director to exercise the powers and duties of | ||||||
12 | the
Department of Corrections in regard to committed persons | ||||||
13 | within
a correctional institution or facility, and includes the
| ||||||
14 | superintendent of any juvenile institution or facility.
| ||||||
15 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
16 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
17 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
18 | Section 5-6-3.1 only means: | ||||||
19 | (i) A violation of any of the following Sections of the | ||||||
20 | Criminal Code of
1961: 10-7 (aiding or abetting child | ||||||
21 | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | ||||||
22 | luring), 11-6 (indecent solicitation of a child), 11-6.5
| ||||||
23 | (indecent solicitation of an adult), 11-14.4 (promoting | ||||||
24 | juvenile prostitution),
11-15.1 (soliciting for a juvenile
|
| |||||||
| |||||||
1 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
2 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
3 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
4 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
5 | 11-20.1B or 11-20.3 (aggravated child pornography), | ||||||
6 | 11-1.40 or 12-14.1
(predatory criminal sexual assault of a | ||||||
7 | child), or 12-33 (ritualized abuse of a
child). An attempt | ||||||
8 | to commit any of
these offenses. | ||||||
9 | (ii) A violation of any of the following Sections of | ||||||
10 | the Criminal Code
of 1961: 11-1.20 or 12-13 (criminal
| ||||||
11 | sexual assault), 11-1.30 or 12-14 (aggravated criminal | ||||||
12 | sexual assault), 11-1.60 or 12-16 (aggravated criminal | ||||||
13 | sexual abuse), and subsection (a) of Section 11-1.50 or | ||||||
14 | subsection (a) of Section 12-15
(criminal sexual abuse). An | ||||||
15 | attempt to commit
any of these offenses. | ||||||
16 | (iii) A violation of any of the following Sections of | ||||||
17 | the Criminal Code
of 1961 when the defendant is
not a | ||||||
18 | parent of the victim: | ||||||
19 | 10-1 (kidnapping),
| ||||||
20 | 10-2 (aggravated kidnapping), | ||||||
21 | 10-3 (unlawful restraint),
| ||||||
22 | 10-3.1 (aggravated unlawful restraint). | ||||||
23 | An attempt to commit any of these offenses. | ||||||
24 | (iv) A violation of any former law of this State | ||||||
25 | substantially
equivalent to any offense listed in this | ||||||
26 | subsection (a-5). |
| |||||||
| |||||||
1 | An offense violating federal law or the law of another | ||||||
2 | state
that is substantially equivalent to any offense listed in | ||||||
3 | this
subsection (a-5) shall constitute a sex offense for the | ||||||
4 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
5 | a sexually dangerous person under
any federal law or law of | ||||||
6 | another state that is substantially equivalent to the
Sexually | ||||||
7 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
8 | sex offense for the
purposes of this subsection (a-5).
| ||||||
9 | (b) "Commitment" means a judicially determined placement
| ||||||
10 | in the custody of the Department of Corrections on the basis of
| ||||||
11 | delinquency or conviction.
| ||||||
12 | (c) "Committed Person" is a person committed to the | ||||||
13 | Department,
however a committed person shall not be considered | ||||||
14 | to be an employee of
the Department of Corrections for any | ||||||
15 | purpose, including eligibility for
a pension, benefits, or any | ||||||
16 | other compensation or rights or privileges which
may be | ||||||
17 | provided to employees of the Department.
| ||||||
18 | (c-5) "Computer scrub software" means any third-party | ||||||
19 | added software, designed to delete information from the | ||||||
20 | computer unit, the hard drive, or other software, which would | ||||||
21 | eliminate and prevent discovery of browser activity, including | ||||||
22 | but not limited to Internet history, address bar or bars, cache | ||||||
23 | or caches, and/or cookies, and which would over-write files in | ||||||
24 | a way so as to make previous computer activity, including but | ||||||
25 | not limited to website access, more difficult to discover. | ||||||
26 | (d) "Correctional Institution or Facility" means any |
| |||||||
| |||||||
1 | building or
part of a building where committed persons are kept | ||||||
2 | in a secured manner.
| ||||||
3 | (e) In the case of functions performed before the effective | ||||||
4 | date of this amendatory Act of the 94th General Assembly, | ||||||
5 | "Department" means the Department of Corrections of this State. | ||||||
6 | In the case of functions performed on or after the effective | ||||||
7 | date of this amendatory Act of the 94th General Assembly, | ||||||
8 | "Department" has the meaning ascribed to it in subsection | ||||||
9 | (f-5).
| ||||||
10 | (f) In the case of functions performed before the effective | ||||||
11 | date of this amendatory Act of the 94th General Assembly, | ||||||
12 | "Director" means the Director of the Department of Corrections. | ||||||
13 | In the case of functions performed on or after the effective | ||||||
14 | date of this amendatory Act of the 94th General Assembly, | ||||||
15 | "Director" has the meaning ascribed to it in subsection (f-5).
| ||||||
16 | (f-5) In the case of functions performed on or after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly, references to "Department" or "Director" refer to | ||||||
19 | either the Department of Corrections or the Director of | ||||||
20 | Corrections or to the Department of Juvenile Justice or the | ||||||
21 | Director of Juvenile Justice unless the context is specific to | ||||||
22 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
23 | Justice.
| ||||||
24 | (g) "Discharge" means the final termination of a commitment
| ||||||
25 | to the Department of Corrections.
| ||||||
26 | (h) "Discipline" means the rules and regulations for the
|
| |||||||
| |||||||
1 | maintenance of order and the protection of persons and property
| ||||||
2 | within the institutions and facilities of the Department and
| ||||||
3 | their enforcement.
| ||||||
4 | (i) "Escape" means the intentional and unauthorized | ||||||
5 | absence
of a committed person from the custody of the | ||||||
6 | Department.
| ||||||
7 | (j) "Furlough" means an authorized leave of absence from | ||||||
8 | the
Department of Corrections for a designated purpose and | ||||||
9 | period of time.
| ||||||
10 | (k) "Parole" means the conditional and revocable release
of | ||||||
11 | a committed person under the supervision of a parole officer.
| ||||||
12 | (l) "Prisoner Review Board" means the Board established in
| ||||||
13 | Section 3-3-1(a), independent of the Department, to review
| ||||||
14 | rules and regulations with respect to good time credits, to
| ||||||
15 | hear charges brought by the Department against certain | ||||||
16 | prisoners
alleged to have violated Department rules with | ||||||
17 | respect to good
time credits, to set release dates for certain | ||||||
18 | prisoners
sentenced under the law in effect prior to the | ||||||
19 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
20 | and
make recommendations to the Governor with respect to | ||||||
21 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
22 | and
mandatory supervised release and determine whether | ||||||
23 | violations
of those conditions justify revocation of parole or | ||||||
24 | release,
and to assume all other functions previously exercised | ||||||
25 | by the
Illinois Parole and Pardon Board.
| ||||||
26 | (m) Whenever medical treatment, service, counseling, or
|
| |||||||
| |||||||
1 | care is referred to in this Unified Code of Corrections,
such | ||||||
2 | term may be construed by the Department or Court, within
its | ||||||
3 | discretion, to include treatment, service or counseling by
a | ||||||
4 | Christian Science practitioner or nursing care appropriate
| ||||||
5 | therewith whenever request therefor is made by a person subject
| ||||||
6 | to the provisions of this Act.
| ||||||
7 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
8 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
9 | and Witnesses of Violent Crime Act.
| ||||||
10 | (Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; revised | ||||||
11 | 10-9-09.)
| ||||||
12 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
13 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
14 | Release.
| ||||||
15 | (a) The conditions of parole or mandatory
supervised | ||||||
16 | release shall be such as the Prisoner Review
Board deems | ||||||
17 | necessary to assist the subject in leading a
law-abiding life. | ||||||
18 | The conditions of every parole and mandatory
supervised release | ||||||
19 | are that the subject:
| ||||||
20 | (1) not violate any criminal statute of any | ||||||
21 | jurisdiction
during the parole or release term;
| ||||||
22 | (2) refrain from possessing a firearm or other | ||||||
23 | dangerous
weapon;
| ||||||
24 | (3) report to an agent of the Department of | ||||||
25 | Corrections;
|
| |||||||
| |||||||
1 | (4) permit the agent to visit him or her at his or her | ||||||
2 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
3 | the agent to discharge his or her duties;
| ||||||
4 | (5) attend or reside in a facility established for the | ||||||
5 | instruction or
residence
of persons on
parole or mandatory | ||||||
6 | supervised release;
| ||||||
7 | (6) secure permission before visiting or writing a | ||||||
8 | committed person in an
Illinois Department
of Corrections | ||||||
9 | facility;
| ||||||
10 | (7) report all arrests to an agent of the Department of | ||||||
11 | Corrections as
soon as
permitted by the
arresting authority | ||||||
12 | but in no event later than 24 hours after release from
| ||||||
13 | custody;
| ||||||
14 | (7.5) if convicted of a sex offense as defined in the | ||||||
15 | Sex Offender
Management Board Act, the individual shall | ||||||
16 | undergo and successfully complete
sex offender treatment | ||||||
17 | conducted in conformance with the standards developed by
| ||||||
18 | the Sex
Offender Management Board Act by a treatment | ||||||
19 | provider approved by the Board;
| ||||||
20 | (7.6) if convicted of a sex offense as defined in the | ||||||
21 | Sex Offender
Management Board Act, refrain from residing at | ||||||
22 | the same address or in the same condominium unit or | ||||||
23 | apartment unit or in the same condominium complex or | ||||||
24 | apartment complex with another person he or she knows or | ||||||
25 | reasonably should know is a convicted sex offender or has | ||||||
26 | been placed on supervision for a sex offense; the |
| |||||||
| |||||||
1 | provisions of this paragraph do not apply to a person | ||||||
2 | convicted of a sex offense who is placed in a Department of | ||||||
3 | Corrections licensed transitional housing facility for sex | ||||||
4 | offenders, or is in any facility operated or licensed by | ||||||
5 | the Department of Children and Family Services or by the | ||||||
6 | Department of Human Services, or is in any licensed medical | ||||||
7 | facility;
| ||||||
8 | (7.7) if convicted for an offense that would qualify | ||||||
9 | the accused as a sexual predator under the Sex Offender | ||||||
10 | Registration Act on or after the effective date of this | ||||||
11 | amendatory Act of the 94th General Assembly, wear an | ||||||
12 | approved electronic monitoring device as defined in | ||||||
13 | Section 5-8A-2 for the duration of the person's parole, | ||||||
14 | mandatory supervised release term, or extended mandatory | ||||||
15 | supervised release term and if convicted for an offense of | ||||||
16 | criminal sexual assault, aggravated criminal sexual | ||||||
17 | assault, predatory criminal sexual assault of a child, | ||||||
18 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
19 | or ritualized abuse of a child committed on or after August | ||||||
20 | 11, 2009 ( the effective date of Public Act 96-236) this | ||||||
21 | amendatory Act of the 96th General Assembly when the victim | ||||||
22 | was under 18 years of age at the time of the commission of | ||||||
23 | the offense and the defendant used force or the threat of | ||||||
24 | force in the commission of the offense wear an approved | ||||||
25 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
26 | that has Global Positioning System (GPS) capability for the |
| |||||||
| |||||||
1 | duration of the person's parole, mandatory supervised | ||||||
2 | release term, or extended mandatory supervised release | ||||||
3 | term;
| ||||||
4 | (7.8) if convicted for an offense committed on or after | ||||||
5 | the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly that would qualify the accused as a child | ||||||
7 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
8 | Criminal Code of 1961, refrain from communicating with or | ||||||
9 | contacting, by means of the Internet, a person who is not | ||||||
10 | related to the accused and whom the accused reasonably | ||||||
11 | believes to be under 18 years of age; for purposes of this | ||||||
12 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
13 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
14 | is not related to the accused if the person is not: (i) the | ||||||
15 | spouse, brother, or sister of the accused; (ii) a | ||||||
16 | descendant of the accused; (iii) a first or second cousin | ||||||
17 | of the accused; or (iv) a step-child or adopted child of | ||||||
18 | the accused;
| ||||||
19 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
20 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, | ||||||
21 | consent to search of computers, PDAs, cellular phones, and | ||||||
22 | other devices under his or her control that are capable of | ||||||
23 | accessing the Internet or storing electronic files, in | ||||||
24 | order to confirm Internet protocol addresses reported in | ||||||
25 | accordance with the Sex Offender Registration Act and | ||||||
26 | compliance with conditions in this Act;
|
| |||||||
| |||||||
1 | (7.10)
if convicted for an offense that would qualify | ||||||
2 | the accused as a sex offender or sexual predator under the | ||||||
3 | Sex Offender Registration Act on or after the effective | ||||||
4 | date of this amendatory Act of the 95th General Assembly, | ||||||
5 | not possess prescription drugs for erectile dysfunction;
| ||||||
6 | (7.11) if convicted for an offense under Section 11-6, | ||||||
7 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
8 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
9 | of the Criminal Code of 1961, or any attempt to commit any | ||||||
10 | of these offenses, committed on or after June 1, 2009 (the | ||||||
11 | effective date of Public Act 95-983): | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the Department; | ||||||
15 | (ii) submit to periodic unannounced examinations | ||||||
16 | of the offender's computer or any other device with | ||||||
17 | Internet capability by the offender's supervising | ||||||
18 | agent, a law enforcement officer, or assigned computer | ||||||
19 | or information technology specialist, including the | ||||||
20 | retrieval and copying of all data from the computer or | ||||||
21 | device and any internal or external peripherals and | ||||||
22 | removal of such information, equipment, or device to | ||||||
23 | conduct a more thorough inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | offender's expense, of one or more hardware or software |
| |||||||
| |||||||
1 | systems to monitor the Internet use; and | ||||||
2 | (iv) submit to any other appropriate restrictions | ||||||
3 | concerning the offender's use of or access to a | ||||||
4 | computer or any other device with Internet capability | ||||||
5 | imposed by the Board, the Department or the offender's | ||||||
6 | supervising agent; | ||||||
7 | (7.12) if convicted of a sex offense as defined in the | ||||||
8 | Sex Offender
Registration Act committed on or after January | ||||||
9 | 1, 2010 ( the effective date of Public Act 96-262) this | ||||||
10 | amendatory Act of the 96th General Assembly , refrain from | ||||||
11 | accessing or using a social networking website as defined | ||||||
12 | in Section 16D-2 of the Criminal Code of 1961;
| ||||||
13 | (7.13) (7.12) if convicted of a sex offense as defined | ||||||
14 | in Section 2 of the Sex Offender Registration Act committed | ||||||
15 | on or after January 1, 2010 ( the effective date of Public | ||||||
16 | Act 96-362) this amendatory Act of the 96th General | ||||||
17 | Assembly that requires the person to register as a sex | ||||||
18 | offender under that Act, may not knowingly use any computer | ||||||
19 | scrub software on any computer that the sex offender uses; | ||||||
20 | (8) obtain permission of an agent of the Department of | ||||||
21 | Corrections before
leaving the
State of Illinois;
| ||||||
22 | (9) obtain permission of an agent of the Department of | ||||||
23 | Corrections before
changing
his or her residence or | ||||||
24 | employment;
| ||||||
25 | (10) consent to a search of his or her person, | ||||||
26 | property, or residence
under his or her
control;
|
| |||||||
| |||||||
1 | (11) refrain from the use or possession of narcotics or | ||||||
2 | other controlled
substances in
any form, or both, or any | ||||||
3 | paraphernalia related to those substances and submit
to a
| ||||||
4 | urinalysis test as instructed by a parole agent of the | ||||||
5 | Department of
Corrections;
| ||||||
6 | (12) not frequent places where controlled substances | ||||||
7 | are illegally sold,
used,
distributed, or administered;
| ||||||
8 | (13) not knowingly associate with other persons on | ||||||
9 | parole or mandatory
supervised
release without prior | ||||||
10 | written permission of his or her parole agent and not
| ||||||
11 | associate with
persons who are members of an organized gang | ||||||
12 | as that term is defined in the
Illinois
Streetgang | ||||||
13 | Terrorism Omnibus Prevention Act;
| ||||||
14 | (14) provide true and accurate information, as it | ||||||
15 | relates to his or her
adjustment in the
community while on | ||||||
16 | parole or mandatory supervised release or to his or her
| ||||||
17 | conduct
while incarcerated, in response to inquiries by his | ||||||
18 | or her parole agent or of
the
Department of Corrections;
| ||||||
19 | (15) follow any specific instructions provided by the | ||||||
20 | parole agent that
are consistent
with furthering | ||||||
21 | conditions set and approved by the Prisoner Review Board or | ||||||
22 | by
law,
exclusive of placement on electronic detention, to | ||||||
23 | achieve the goals and
objectives of his
or her parole or | ||||||
24 | mandatory supervised release or to protect the public. | ||||||
25 | These
instructions by the parole agent may be modified at | ||||||
26 | any time, as the agent
deems
appropriate;
|
| |||||||
| |||||||
1 | (16) if convicted of a sex offense as defined in | ||||||
2 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
3 | offender is a parent or guardian of the person under 18 | ||||||
4 | years of age present in the home and no non-familial minors | ||||||
5 | are present, not participate in a holiday event involving | ||||||
6 | children under 18 years of age, such as distributing candy | ||||||
7 | or other items to children on Halloween, wearing a Santa | ||||||
8 | Claus costume on or preceding Christmas, being employed as | ||||||
9 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
10 | costume on or preceding Easter; and | ||||||
11 | (17) if convicted of a violation of an order of | ||||||
12 | protection under Section 12-30 of the Criminal Code of | ||||||
13 | 1961, be placed under electronic surveillance as provided | ||||||
14 | in Section 5-8A-7 of this Code. | ||||||
15 | (b) The Board may in addition to other conditions
require | ||||||
16 | that the subject:
| ||||||
17 | (1) work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (2) undergo medical or psychiatric treatment, or | ||||||
20 | treatment
for drug addiction or alcoholism;
| ||||||
21 | (3) attend or reside in a facility established for the
| ||||||
22 | instruction or residence of persons on probation or parole;
| ||||||
23 | (4) support his dependents;
| ||||||
24 | (5) (blank);
| ||||||
25 | (6) (blank);
| ||||||
26 | (7) comply with the terms and conditions of an order of |
| |||||||
| |||||||
1 | protection
issued pursuant to the Illinois Domestic | ||||||
2 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
3 | or an order of protection issued by the court of another
| ||||||
4 | state, tribe, or United States territory;
| ||||||
5 | (7.5) if convicted for an offense committed on or after | ||||||
6 | the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly that would qualify the accused as a child | ||||||
8 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
9 | Criminal Code of 1961, refrain from communicating with or | ||||||
10 | contacting, by means of the Internet, a person who is | ||||||
11 | related to the accused and whom the accused reasonably | ||||||
12 | believes to be under 18 years of age; for purposes of this | ||||||
13 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
14 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
15 | is related to the accused if the person is: (i) the spouse, | ||||||
16 | brother, or sister of the accused; (ii) a descendant of the | ||||||
17 | accused; (iii) a first or second cousin of the accused; or | ||||||
18 | (iv) a step-child or adopted child of the accused; | ||||||
19 | (7.6) if convicted for an offense committed on or after | ||||||
20 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
21 | would qualify as a sex offense as defined in the Sex | ||||||
22 | Offender Registration Act: | ||||||
23 | (i) not access or use a computer or any other | ||||||
24 | device with Internet capability without the prior | ||||||
25 | written approval of the Department; | ||||||
26 | (ii) submit to periodic unannounced examinations |
| |||||||
| |||||||
1 | of the offender's computer or any other device with | ||||||
2 | Internet capability by the offender's supervising | ||||||
3 | agent, a law enforcement officer, or assigned computer | ||||||
4 | or information technology specialist, including the | ||||||
5 | retrieval and copying of all data from the computer or | ||||||
6 | device and any internal or external peripherals and | ||||||
7 | removal of such information, equipment, or device to | ||||||
8 | conduct a more thorough inspection; | ||||||
9 | (iii) submit to the installation on the offender's | ||||||
10 | computer or device with Internet capability, at the | ||||||
11 | offender's expense, of one or more hardware or software | ||||||
12 | systems to monitor the Internet use; and | ||||||
13 | (iv) submit to any other appropriate restrictions | ||||||
14 | concerning the offender's use of or access to a | ||||||
15 | computer or any other device with Internet capability | ||||||
16 | imposed by the Board, the Department or the offender's | ||||||
17 | supervising agent; and
| ||||||
18 | (8) in addition, if a minor:
| ||||||
19 | (i) reside with his parents or in a foster home;
| ||||||
20 | (ii) attend school;
| ||||||
21 | (iii) attend a non-residential program for youth; | ||||||
22 | or
| ||||||
23 | (iv) contribute to his own support at home or in a | ||||||
24 | foster
home.
| ||||||
25 | (b-1) In addition to the conditions set forth in | ||||||
26 | subsections (a) and (b), persons required to register as sex |
| |||||||
| |||||||
1 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
2 | release from the custody of the Illinois Department of | ||||||
3 | Corrections, may be required by the Board to comply with the | ||||||
4 | following specific conditions of release: | ||||||
5 | (1) reside only at a Department approved location; | ||||||
6 | (2) comply with all requirements of the Sex Offender | ||||||
7 | Registration Act;
| ||||||
8 | (3) notify
third parties of the risks that may be | ||||||
9 | occasioned by his or her criminal record; | ||||||
10 | (4) obtain the approval of an agent of the Department | ||||||
11 | of Corrections prior to accepting employment or pursuing a | ||||||
12 | course of study or vocational training and notify the | ||||||
13 | Department prior to any change in employment, study, or | ||||||
14 | training; | ||||||
15 | (5) not be employed or participate in any
volunteer | ||||||
16 | activity that involves contact with children, except under | ||||||
17 | circumstances approved in advance and in writing by an | ||||||
18 | agent of the Department of Corrections; | ||||||
19 | (6) be electronically monitored for a minimum of 12 | ||||||
20 | months from the date of release as determined by the Board;
| ||||||
21 | (7) refrain from entering into a designated
geographic | ||||||
22 | area except upon terms approved in advance by an agent of | ||||||
23 | the Department of Corrections. The terms may include | ||||||
24 | consideration of the purpose of the entry, the time of day, | ||||||
25 | and others accompanying the person; | ||||||
26 | (8) refrain from having any contact, including
written |
| |||||||
| |||||||
1 | or oral communications, directly or indirectly, personally | ||||||
2 | or by telephone, letter, or through a third party with | ||||||
3 | certain specified persons including, but not limited to, | ||||||
4 | the victim or the victim's family without the prior written | ||||||
5 | approval of an agent of the Department of Corrections; | ||||||
6 | (9) refrain from all contact, directly or
indirectly, | ||||||
7 | personally, by telephone, letter, or through a third party, | ||||||
8 | with minor children without prior identification and | ||||||
9 | approval of an agent of the Department of Corrections; | ||||||
10 | (10) neither possess or have under his or her
control | ||||||
11 | any material that is sexually oriented, sexually | ||||||
12 | stimulating, or that shows male or female sex organs or any | ||||||
13 | pictures depicting children under 18 years of age nude or | ||||||
14 | any written or audio material describing sexual | ||||||
15 | intercourse or that depicts or alludes to sexual activity, | ||||||
16 | including but not limited to visual, auditory, telephonic, | ||||||
17 | or electronic media, or any matter obtained through access | ||||||
18 | to any computer or material linked to computer access use; | ||||||
19 | (11) not patronize any business providing
sexually | ||||||
20 | stimulating or sexually oriented entertainment nor utilize | ||||||
21 | "900" or adult telephone numbers; | ||||||
22 | (12) not reside near, visit, or be in or about
parks, | ||||||
23 | schools, day care centers, swimming pools, beaches, | ||||||
24 | theaters, or any other places where minor children | ||||||
25 | congregate without advance approval of an agent of the | ||||||
26 | Department of Corrections and immediately report any |
| |||||||
| |||||||
1 | incidental contact with minor children to the Department; | ||||||
2 | (13) not possess or have under his or her control
| ||||||
3 | certain specified items of contraband related to the | ||||||
4 | incidence of sexually offending as determined by an agent | ||||||
5 | of the Department of Corrections; | ||||||
6 | (14) may be required to provide a written daily log of | ||||||
7 | activities
if directed by an agent of the Department of | ||||||
8 | Corrections; | ||||||
9 | (15) comply with all other special conditions
that the | ||||||
10 | Department may impose that restrict the person from | ||||||
11 | high-risk situations and limit access to potential | ||||||
12 | victims; | ||||||
13 | (16) take an annual polygraph exam; | ||||||
14 | (17) maintain a log of his or her travel; or | ||||||
15 | (18) obtain prior approval of his or her parole officer | ||||||
16 | before driving alone in a motor vehicle.
| ||||||
17 | (c) The conditions under which the parole or mandatory
| ||||||
18 | supervised release is to be served shall be communicated to
the | ||||||
19 | person in writing prior to his release, and he shall
sign the | ||||||
20 | same before release. A signed copy of these conditions,
| ||||||
21 | including a copy of an order of protection where one had been | ||||||
22 | issued by the
criminal court, shall be retained by the person | ||||||
23 | and another copy forwarded to
the officer in charge of his | ||||||
24 | supervision.
| ||||||
25 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
26 | Review Board may modify or enlarge the conditions of parole
or |
| |||||||
| |||||||
1 | mandatory supervised release.
| ||||||
2 | (e) The Department shall inform all offenders committed to
| ||||||
3 | the Department of the optional services available to them
upon | ||||||
4 | release and shall assist inmates in availing themselves
of such | ||||||
5 | optional services upon their release on a voluntary
basis. | ||||||
6 | (f) When the subject is in compliance with all conditions | ||||||
7 | of his or her parole or mandatory supervised release, the | ||||||
8 | subject shall receive a reduction of the period of his or her | ||||||
9 | parole or mandatory supervised release of 90 days upon passage | ||||||
10 | of the high school level Test of General Educational | ||||||
11 | Development during the period of his or her parole or mandatory | ||||||
12 | supervised release. This reduction in the period of a subject's | ||||||
13 | term of parole or mandatory supervised release shall be | ||||||
14 | available only to subjects who have not previously earned a | ||||||
15 | high school diploma or who have not previously passed the high | ||||||
16 | school level Test of General Educational Development.
| ||||||
17 | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | ||||||
18 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
19 | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | ||||||
20 | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | ||||||
21 | revised 9-25-09.) | ||||||
22 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
23 | Sec. 5-3-2. Presentence Report.
| ||||||
24 | (a) In felony cases, the presentence
report shall set | ||||||
25 | forth:
|
| |||||||
| |||||||
1 | (1) the defendant's history of delinquency or | ||||||
2 | criminality,
physical and mental history and condition, | ||||||
3 | family situation and
background, economic status, | ||||||
4 | education, occupation and personal habits;
| ||||||
5 | (2) information about special resources within the | ||||||
6 | community
which might be available to assist the | ||||||
7 | defendant's rehabilitation,
including treatment centers, | ||||||
8 | residential facilities, vocational
training services, | ||||||
9 | correctional manpower programs, employment
opportunities, | ||||||
10 | special educational programs, alcohol and drug
abuse | ||||||
11 | programming, psychiatric and marriage counseling, and | ||||||
12 | other
programs and facilities which could aid the | ||||||
13 | defendant's successful
reintegration into society;
| ||||||
14 | (3) the effect the offense committed has had upon the | ||||||
15 | victim or
victims thereof, and any compensatory benefit | ||||||
16 | that various
sentencing alternatives would confer on such | ||||||
17 | victim or victims;
| ||||||
18 | (4) information concerning the defendant's status | ||||||
19 | since arrest,
including his record if released on his own | ||||||
20 | recognizance, or the
defendant's achievement record if | ||||||
21 | released on a conditional
pre-trial supervision program;
| ||||||
22 | (5) when appropriate, a plan, based upon the personal, | ||||||
23 | economic
and social adjustment needs of the defendant, | ||||||
24 | utilizing public and
private community resources as an | ||||||
25 | alternative to institutional
sentencing;
| ||||||
26 | (6) any other matters that the investigatory officer |
| |||||||
| |||||||
1 | deems
relevant or the court directs to be included; and
| ||||||
2 | (7) information concerning defendant's eligibility for | ||||||
3 | a sentence to a
county impact incarceration program under | ||||||
4 | Section 5-8-1.2 of this Code.
| ||||||
5 | (b) The investigation shall include a physical and mental
| ||||||
6 | examination of the defendant when so ordered by the court. If
| ||||||
7 | the court determines that such an examination should be made, | ||||||
8 | it
shall issue an order that the defendant submit to | ||||||
9 | examination at
such time and place as designated by the court | ||||||
10 | and that such
examination be conducted by a physician, | ||||||
11 | psychologist or
psychiatrist designated by the court. Such an | ||||||
12 | examination may
be conducted in a court clinic if so ordered by | ||||||
13 | the court. The
cost of such examination shall be paid by the | ||||||
14 | county in which
the trial is held.
| ||||||
15 | (b-5) In cases involving felony sex offenses in which the | ||||||
16 | offender is being considered for probation only or any felony | ||||||
17 | offense that is
sexually motivated as defined in the Sex | ||||||
18 | Offender Management Board Act in which the offender is being | ||||||
19 | considered for probation only, the
investigation shall include | ||||||
20 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
21 | and conducted in conformance with the standards developed under
| ||||||
22 | the Sex Offender Management Board Act. In cases in which the | ||||||
23 | offender is being considered for any mandatory prison sentence, | ||||||
24 | the investigation shall not include a sex offender evaluation.
| ||||||
25 | (c) In misdemeanor, business offense or petty offense | ||||||
26 | cases, except as
specified in subsection (d) of this Section, |
| |||||||
| |||||||
1 | when a presentence report has
been ordered by the court, such | ||||||
2 | presentence report shall contain
information on the | ||||||
3 | defendant's history of delinquency or criminality and
shall | ||||||
4 | further contain only those matters listed in any of paragraphs | ||||||
5 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
6 | Section as are
specified by the court in its order for the | ||||||
7 | report.
| ||||||
8 | (d) In cases under Sections 11-1.50, Section 12-15 , and | ||||||
9 | Section 12-30 of the Criminal
Code of 1961, as amended, the | ||||||
10 | presentence report shall set forth
information about alcohol, | ||||||
11 | drug abuse, psychiatric, and marriage counseling
or other | ||||||
12 | treatment programs and facilities, information on the | ||||||
13 | defendant's
history of delinquency or criminality, and shall | ||||||
14 | contain those additional
matters listed in any of paragraphs | ||||||
15 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
16 | Section as are specified by the court.
| ||||||
17 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
18 | held without bail or to have his bail revoked for the purpose
| ||||||
19 | of preparing the presentence report or making an examination.
| ||||||
20 | (Source: P.A. 96-322, eff. 1-1-10.)
| ||||||
21 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
22 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
23 | (a) Except when the death penalty is
sought under hearing | ||||||
24 | procedures otherwise specified, after a
determination of | ||||||
25 | guilt, a hearing shall be held to impose the sentence.
However, |
| |||||||
| |||||||
1 | prior to the imposition of sentence on an individual being
| ||||||
2 | sentenced for an offense based upon a charge for a violation of | ||||||
3 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
4 | provision of a local
ordinance, the individual must undergo a | ||||||
5 | professional evaluation to
determine if an alcohol or other | ||||||
6 | drug abuse problem exists and the extent
of such a problem. | ||||||
7 | Programs conducting these evaluations shall be
licensed by the | ||||||
8 | Department of Human Services. However, if the individual is
not | ||||||
9 | a resident of Illinois, the court
may, in its discretion, | ||||||
10 | accept an evaluation from a program in the state of
such | ||||||
11 | individual's residence. The court may in its sentencing order | ||||||
12 | approve an
eligible defendant for placement in a Department of | ||||||
13 | Corrections impact
incarceration program as provided in | ||||||
14 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
15 | order recommend a defendant for placement in a Department of | ||||||
16 | Corrections substance abuse treatment program as provided in | ||||||
17 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
18 | upon the defendant being accepted in a program by the | ||||||
19 | Department of Corrections. At the
hearing the court
shall:
| ||||||
20 | (1) consider the evidence, if any, received upon the | ||||||
21 | trial;
| ||||||
22 | (2) consider any presentence reports;
| ||||||
23 | (3) consider the financial impact of incarceration | ||||||
24 | based on the
financial impact statement filed with the | ||||||
25 | clerk of the court by the
Department of Corrections;
| ||||||
26 | (4) consider evidence and information offered by the |
| |||||||
| |||||||
1 | parties in
aggravation and mitigation; | ||||||
2 | (4.5) consider substance abuse treatment, eligibility | ||||||
3 | screening, and an assessment, if any, of the defendant by | ||||||
4 | an agent designated by the State of Illinois to provide | ||||||
5 | assessment services for the Illinois courts;
| ||||||
6 | (5) hear arguments as to sentencing alternatives;
| ||||||
7 | (6) afford the defendant the opportunity to make a | ||||||
8 | statement in his
own behalf;
| ||||||
9 | (7) afford the victim of a violent crime or a violation | ||||||
10 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
11 | similar provision of a local
ordinance, or a qualified | ||||||
12 | individual affected by: (i) a violation of Section
405, | ||||||
13 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
14 | Act or a violation of Section 55 or Section 65 of the | ||||||
15 | Methamphetamine Control and Community Protection Act,
or | ||||||
16 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
17 | except as described in subdivisions (a)(2)(A) and | ||||||
18 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
19 | Criminal Code of 1961,
committed by the defendant the | ||||||
20 | opportunity to make a statement
concerning the impact on | ||||||
21 | the victim and to offer evidence in aggravation or
| ||||||
22 | mitigation; provided that the statement and evidence | ||||||
23 | offered in aggravation
or mitigation must first be prepared | ||||||
24 | in writing in conjunction with the
State's Attorney before | ||||||
25 | it may be presented orally at the hearing. Any
sworn | ||||||
26 | testimony offered by the victim is subject to the |
| |||||||
| |||||||
1 | defendant's right
to cross-examine. All statements and | ||||||
2 | evidence offered under this paragraph
(7) shall become part | ||||||
3 | of the record of the court. For the purpose of this
| ||||||
4 | paragraph (7), "qualified individual" means any person who | ||||||
5 | (i) lived or worked
within the territorial jurisdiction | ||||||
6 | where the offense took place when the
offense took place;
| ||||||
7 | and (ii) is familiar with various public places within the | ||||||
8 | territorial
jurisdiction where
the offense took place when | ||||||
9 | the offense took place. For the purposes of
this paragraph | ||||||
10 | (7), "qualified individual" includes any peace officer,
or | ||||||
11 | any member of any duly organized State, county, or | ||||||
12 | municipal peace unit
assigned to the territorial | ||||||
13 | jurisdiction where the offense took place when the
offense | ||||||
14 | took
place;
| ||||||
15 | (8) in cases of reckless homicide afford the victim's | ||||||
16 | spouse,
guardians, parents or other immediate family | ||||||
17 | members an opportunity to make
oral statements; and
| ||||||
18 | (9) in cases involving a felony sex offense as defined | ||||||
19 | under the Sex
Offender
Management Board Act, consider the | ||||||
20 | results of the sex offender evaluation
conducted pursuant | ||||||
21 | to Section 5-3-2 of this Act.
| ||||||
22 | (b) All sentences shall be imposed by the judge based upon | ||||||
23 | his
independent assessment of the elements specified above and | ||||||
24 | any agreement
as to sentence reached by the parties. The judge | ||||||
25 | who presided at the
trial or the judge who accepted the plea of | ||||||
26 | guilty shall impose the
sentence unless he is no longer sitting |
| |||||||
| |||||||
1 | as a judge in that court. Where
the judge does not impose | ||||||
2 | sentence at the same time on all defendants
who are convicted | ||||||
3 | as a result of being involved in the same offense, the
| ||||||
4 | defendant or the State's Attorney may advise the sentencing | ||||||
5 | court of the
disposition of any other defendants who have been | ||||||
6 | sentenced.
| ||||||
7 | (c) In imposing a sentence for a violent crime or for an | ||||||
8 | offense of
operating or being in physical control of a vehicle | ||||||
9 | while under the
influence of alcohol, any other drug or any | ||||||
10 | combination thereof, or a
similar provision of a local | ||||||
11 | ordinance, when such offense resulted in the
personal injury to | ||||||
12 | someone other than the defendant, the trial judge shall
specify | ||||||
13 | on the record the particular evidence, information, factors in
| ||||||
14 | mitigation and aggravation or other reasons that led to his | ||||||
15 | sentencing
determination. The full verbatim record of the | ||||||
16 | sentencing hearing shall be
filed with the clerk of the court | ||||||
17 | and shall be a public record.
| ||||||
18 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
19 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
20 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
21 | firearm, or armed violence with a category I weapon
or category | ||||||
22 | II weapon,
the trial judge shall make a finding as to whether | ||||||
23 | the conduct leading to
conviction for the offense resulted in | ||||||
24 | great bodily harm to a victim, and
shall enter that finding and | ||||||
25 | the basis for that finding in the record.
| ||||||
26 | (c-2) If the defendant is sentenced to prison, other than |
| |||||||
| |||||||
1 | when a sentence of
natural life imprisonment or a sentence of | ||||||
2 | death is imposed, at the time
the sentence is imposed the judge | ||||||
3 | shall
state on the record in open court the approximate period | ||||||
4 | of time the defendant
will serve in custody according to the | ||||||
5 | then current statutory rules and
regulations for early release | ||||||
6 | found in Section 3-6-3 and other related
provisions of this | ||||||
7 | Code. This statement is intended solely to inform the
public, | ||||||
8 | has no legal effect on the defendant's actual release, and may | ||||||
9 | not be
relied on by the defendant on appeal.
| ||||||
10 | The judge's statement, to be given after pronouncing the | ||||||
11 | sentence, other than
when the sentence is imposed for one of | ||||||
12 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
13 | shall include the following:
| ||||||
14 | "The purpose of this statement is to inform the public of | ||||||
15 | the actual period
of time this defendant is likely to spend in | ||||||
16 | prison as a result of this
sentence. The actual period of | ||||||
17 | prison time served is determined by the
statutes of Illinois as | ||||||
18 | applied to this sentence by the Illinois Department of
| ||||||
19 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
20 | case, assuming the defendant
receives all of his or her good | ||||||
21 | conduct credit, the period of estimated actual
custody is ... | ||||||
22 | years and ... months, less up to 180 days additional good
| ||||||
23 | conduct credit for meritorious service. If the defendant, | ||||||
24 | because of his or
her own misconduct or failure to comply with | ||||||
25 | the institutional regulations,
does not receive those credits, | ||||||
26 | the actual time served in prison will be
longer. The defendant |
| |||||||
| |||||||
1 | may also receive an additional one-half day good conduct
credit | ||||||
2 | for each day of participation in vocational, industry, | ||||||
3 | substance abuse,
and educational programs as provided for by | ||||||
4 | Illinois statute."
| ||||||
5 | When the sentence is imposed for one of the offenses | ||||||
6 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
7 | when the sentence is imposed for one of the
offenses enumerated | ||||||
8 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
9 | 19, 1998, and other than when the sentence is imposed for
| ||||||
10 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
11 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
12 | after January 1, 1999, and
other than when the sentence is | ||||||
13 | imposed for aggravated arson if the offense was
committed on or | ||||||
14 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
15 | the
judge's statement, to be given after pronouncing the | ||||||
16 | sentence, shall include
the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
23 | case,
assuming the defendant
receives all of his or her good | ||||||
24 | conduct credit, the period of estimated actual
custody is ... | ||||||
25 | years and ... months, less up to 90 days additional good
| ||||||
26 | conduct credit for meritorious service. If the defendant, |
| |||||||
| |||||||
1 | because of his or
her own misconduct or failure to comply with | ||||||
2 | the institutional regulations,
does not receive those credits, | ||||||
3 | the actual time served in prison will be
longer. The defendant | ||||||
4 | may also receive an additional one-half day good conduct
credit | ||||||
5 | for each day of participation in vocational, industry, | ||||||
6 | substance abuse,
and educational programs as provided for by | ||||||
7 | Illinois statute."
| ||||||
8 | When the sentence is imposed for one of the offenses | ||||||
9 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
10 | first degree murder, and the offense was
committed on or after | ||||||
11 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
12 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
13 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
14 | January 1, 1999,
and when the sentence is imposed for | ||||||
15 | aggravated driving under the influence
of alcohol, other drug | ||||||
16 | or drugs, or intoxicating compound or compounds, or
any | ||||||
17 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
18 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
19 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
20 | the offense was committed
on or after July 27, 2001 (the | ||||||
21 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
22 | be given after pronouncing the sentence, shall include the
| ||||||
23 | following:
| ||||||
24 | "The purpose of this statement is to inform the public of | ||||||
25 | the actual period
of time this defendant is likely to spend in | ||||||
26 | prison as a result of this
sentence. The actual period of |
| |||||||
| |||||||
1 | prison time served is determined by the
statutes of Illinois as | ||||||
2 | applied to this sentence by the Illinois Department of
| ||||||
3 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
4 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
5 | good conduct credit for
each month of his or her sentence of | ||||||
6 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
7 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
8 | days credit for each month of his or her sentence, the period
| ||||||
9 | of estimated actual custody is ... years and ... months. If the | ||||||
10 | defendant,
because of his or her own misconduct or failure to | ||||||
11 | comply with the
institutional regulations receives lesser | ||||||
12 | credit, the actual time served in
prison will be longer."
| ||||||
13 | When a sentence of imprisonment is imposed for first degree | ||||||
14 | murder and
the offense was committed on or after June 19, 1998, | ||||||
15 | the judge's statement,
to be given after pronouncing the | ||||||
16 | sentence, shall include the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department
of | ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
23 | case, the
defendant is not entitled to good conduct credit. | ||||||
24 | Therefore, this defendant
will serve 100% of his or her | ||||||
25 | sentence."
| ||||||
26 | When the sentencing order recommends placement in a |
| |||||||
| |||||||
1 | substance abuse program for any offense that results in | ||||||
2 | incarceration
in a Department of Corrections facility and the | ||||||
3 | crime was
committed on or after September 1, 2003 (the | ||||||
4 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
5 | addition to any other judge's statement required under this
| ||||||
6 | Section, to be given after pronouncing the sentence, shall | ||||||
7 | include the
following:
| ||||||
8 | "The purpose of this statement is to inform the public of
| ||||||
9 | the actual period of time this defendant is likely to spend in
| ||||||
10 | prison as a result of this sentence. The actual period of
| ||||||
11 | prison time served is determined by the statutes of Illinois as
| ||||||
12 | applied to this sentence by the Illinois Department of
| ||||||
13 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
14 | case, the defendant shall receive no good conduct credit under | ||||||
15 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
16 | participates in and completes a substance abuse treatment | ||||||
17 | program or receives a waiver from the Director of Corrections | ||||||
18 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
19 | (c-4) Before the sentencing hearing and as part of the | ||||||
20 | presentence investigation under Section 5-3-1, the court shall | ||||||
21 | inquire of the defendant whether the defendant is currently | ||||||
22 | serving in or is a veteran of the Armed Forces of the United | ||||||
23 | States.
If the defendant is currently serving in the Armed | ||||||
24 | Forces of the United States or is a veteran of the Armed Forces | ||||||
25 | of the United States and has been diagnosed as having a mental | ||||||
26 | illness by a qualified psychiatrist or clinical psychologist or |
| |||||||
| |||||||
1 | physician, the court may: | ||||||
2 | (1) order that the officer preparing the presentence | ||||||
3 | report consult with the United States Department of | ||||||
4 | Veterans Affairs, Illinois Department of Veterans' | ||||||
5 | Affairs, or another agency or person with suitable | ||||||
6 | knowledge or experience for the purpose of providing the | ||||||
7 | court with information regarding treatment options | ||||||
8 | available to the defendant, including federal, State, and | ||||||
9 | local programming; and | ||||||
10 | (2) consider the treatment recommendations of any | ||||||
11 | diagnosing or treating mental health professionals | ||||||
12 | together with the treatment options available to the | ||||||
13 | defendant in imposing sentence. | ||||||
14 | For the purposes of this subsection (c-4), "qualified | ||||||
15 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
16 | to practice medicine in all its branches, who has specialized | ||||||
17 | in the diagnosis and treatment of mental and nervous disorders | ||||||
18 | for a period of not less than 5 years. | ||||||
19 | (d) When the defendant is committed to the Department of
| ||||||
20 | Corrections, the State's Attorney shall and counsel for the | ||||||
21 | defendant
may file a statement with the clerk of the court to | ||||||
22 | be transmitted to
the department, agency or institution to | ||||||
23 | which the defendant is
committed to furnish such department, | ||||||
24 | agency or institution with the
facts and circumstances of the | ||||||
25 | offense for which the person was
committed together with all | ||||||
26 | other factual information accessible to them
in regard to the |
| |||||||
| |||||||
1 | person prior to his commitment relative to his habits,
| ||||||
2 | associates, disposition and reputation and any other facts and
| ||||||
3 | circumstances which may aid such department, agency or | ||||||
4 | institution
during its custody of such person. The clerk shall | ||||||
5 | within 10 days after
receiving any such statements transmit a | ||||||
6 | copy to such department, agency
or institution and a copy to | ||||||
7 | the other party, provided, however, that
this shall not be | ||||||
8 | cause for delay in conveying the person to the
department, | ||||||
9 | agency or institution to which he has been committed.
| ||||||
10 | (e) The clerk of the court shall transmit to the | ||||||
11 | department,
agency or institution, if any, to which the | ||||||
12 | defendant is committed, the
following:
| ||||||
13 | (1) the sentence imposed;
| ||||||
14 | (2) any statement by the court of the basis for | ||||||
15 | imposing the sentence;
| ||||||
16 | (3) any presentence reports;
| ||||||
17 | (3.5) any sex offender evaluations;
| ||||||
18 | (3.6) any substance abuse treatment eligibility | ||||||
19 | screening and assessment of the defendant by an agent | ||||||
20 | designated by the State of Illinois to provide assessment | ||||||
21 | services for the Illinois courts;
| ||||||
22 | (4) the number of days, if any, which the defendant has | ||||||
23 | been in
custody and for which he is entitled to credit | ||||||
24 | against the sentence,
which information shall be provided | ||||||
25 | to the clerk by the sheriff;
| ||||||
26 | (4.1) any finding of great bodily harm made by the |
| |||||||
| |||||||
1 | court with respect
to an offense enumerated in subsection | ||||||
2 | (c-1);
| ||||||
3 | (5) all statements filed under subsection (d) of this | ||||||
4 | Section;
| ||||||
5 | (6) any medical or mental health records or summaries | ||||||
6 | of the defendant;
| ||||||
7 | (7) the municipality where the arrest of the offender | ||||||
8 | or the commission
of the offense has occurred, where such | ||||||
9 | municipality has a population of
more than 25,000 persons;
| ||||||
10 | (8) all statements made and evidence offered under | ||||||
11 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
12 | (9) all additional matters which the court directs the | ||||||
13 | clerk to
transmit.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
| ||||||
15 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
16 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
17 | certain
offenses or institutionalized as sexually dangerous; | ||||||
18 | specimens;
genetic marker groups. | ||||||
19 | (a) Any person convicted of, found guilty under the | ||||||
20 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
21 | of court supervision for, a qualifying
offense or attempt of a | ||||||
22 | qualifying offense, convicted or found guilty of any
offense | ||||||
23 | classified as a felony under Illinois law, convicted or found | ||||||
24 | guilty of any offense requiring registration under the Sex | ||||||
25 | Offender Registration Act, found guilty or given
supervision |
| |||||||
| |||||||
1 | for any offense classified as a felony under the Juvenile Court | ||||||
2 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
3 | Court Act of 1987, any offense requiring registration under the | ||||||
4 | Sex Offender Registration Act, or institutionalized as a | ||||||
5 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
6 | Act, or committed as a sexually violent person under the
| ||||||
7 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
8 | the sentence or
disposition imposed, be required to submit | ||||||
9 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
10 | Department of State Police in accordance with the
provisions of | ||||||
11 | this Section, provided such person is:
| ||||||
12 | (1) convicted of a qualifying offense or attempt of a | ||||||
13 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
14 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
15 | probation, conditional discharge or any other form of | ||||||
16 | sentence, or given a
disposition of court supervision for | ||||||
17 | the offense;
| ||||||
18 | (1.5) found guilty or given supervision under the | ||||||
19 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
20 | attempt of a qualifying offense on or after
January 1, | ||||||
21 | 1997;
| ||||||
22 | (2) ordered institutionalized as a sexually dangerous | ||||||
23 | person on or after
July 1, 1990;
| ||||||
24 | (3) convicted of a qualifying offense or attempt of a | ||||||
25 | qualifying offense
before July 1, 1990
and is presently | ||||||
26 | confined as a result of such conviction in any State
|
| |||||||
| |||||||
1 | correctional facility or county jail or is presently | ||||||
2 | serving a sentence of
probation, conditional discharge or | ||||||
3 | periodic imprisonment as a result of such
conviction;
| ||||||
4 | (3.5) convicted or found guilty of any offense | ||||||
5 | classified as a felony
under Illinois law or found guilty | ||||||
6 | or given supervision for such an offense
under the Juvenile | ||||||
7 | Court Act of 1987 on or after August 22, 2002;
| ||||||
8 | (4) presently institutionalized as a sexually | ||||||
9 | dangerous person or
presently institutionalized as a | ||||||
10 | person found guilty but mentally ill of a
sexual offense or | ||||||
11 | attempt to commit a sexual offense;
| ||||||
12 | (4.5) ordered committed as a sexually violent person on | ||||||
13 | or after the
effective date of the Sexually Violent Persons | ||||||
14 | Commitment Act; or
| ||||||
15 | (5) seeking transfer to or residency in Illinois under | ||||||
16 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
17 | Corrections and the Interstate Compact
for Adult Offender | ||||||
18 | Supervision or the Interstate Agreements on Sexually
| ||||||
19 | Dangerous Persons Act.
| ||||||
20 | Notwithstanding other provisions of this Section, any | ||||||
21 | person incarcerated in
a facility of the Illinois Department of | ||||||
22 | Corrections or the Illinois Department of Juvenile Justice on | ||||||
23 | or after August 22,
2002, whether for a term of years, natural | ||||||
24 | life, or a sentence of death, who has not yet submitted a | ||||||
25 | sample of blood, saliva, or tissue shall be required to submit | ||||||
26 | a specimen of blood, saliva, or tissue
prior to his or her |
| |||||||
| |||||||
1 | final discharge, or release on parole or mandatory
supervised | ||||||
2 | release, as a
condition of his or her parole or mandatory | ||||||
3 | supervised release, or within 6 months from August 13, 2009 | ||||||
4 | (the effective date of Public Act 96-426) the effective date of | ||||||
5 | this amendatory Act of the 96th General Assembly , whichever is | ||||||
6 | sooner. A person Persons incarcerated on or after August 13, | ||||||
7 | 2009 (the effective date of Public Act 96-426) the effective | ||||||
8 | date of this amendatory Act of the 96th General Assembly shall | ||||||
9 | be required to submit a sample within 45 days of incarceration, | ||||||
10 | or prior to his or her final discharge, or release on parole or | ||||||
11 | mandatory supervised release, as a condition of his or her | ||||||
12 | parole or mandatory supervised release, whichever is sooner. | ||||||
13 | These specimens shall be placed into the State or national DNA | ||||||
14 | database, to be used in accordance with other provisions of | ||||||
15 | this Section, by the Illinois State Police.
| ||||||
16 | Notwithstanding other provisions of this Section, any | ||||||
17 | person sentenced to life imprisonment in a facility of the | ||||||
18 | Illinois Department of Corrections after the effective date of | ||||||
19 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
20 | to death after the effective date of this amendatory Act of the | ||||||
21 | 94th General Assembly shall be required to provide a specimen | ||||||
22 | of blood, saliva, or tissue within 45 days after sentencing or | ||||||
23 | disposition at a collection site designated by the Illinois | ||||||
24 | Department of State Police. Any person serving a sentence of | ||||||
25 | life imprisonment in a facility of the Illinois Department of | ||||||
26 | Corrections on the effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 94th General Assembly or any person who is under a sentence of | ||||||
2 | death on the effective date of this amendatory Act of the 94th | ||||||
3 | General Assembly shall be required to provide a specimen of | ||||||
4 | blood, saliva, or tissue upon request at a collection site | ||||||
5 | designated by the Illinois Department of State Police.
| ||||||
6 | (a-5) Any person who was otherwise convicted of or received | ||||||
7 | a disposition
of court supervision for any other offense under | ||||||
8 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
9 | supervision for such a violation under the
Juvenile Court Act | ||||||
10 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
11 | by an order of the court to submit specimens of blood, saliva, | ||||||
12 | or
tissue to the Illinois Department of State Police in | ||||||
13 | accordance with the
provisions of this Section.
| ||||||
14 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
15 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
16 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
17 | tissue within 45 days after sentencing or
disposition at a | ||||||
18 | collection site designated by the Illinois Department of
State | ||||||
19 | Police.
| ||||||
20 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
21 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
22 | be required to provide
such samples prior to final discharge or | ||||||
23 | within 6 months from August 13, 2009 (the effective date of | ||||||
24 | Public Act 96-426) the effective date of this amendatory Act of | ||||||
25 | the 96th General Assembly , whichever is sooner. These specimens | ||||||
26 | shall be placed into the State or national DNA database, to be |
| |||||||
| |||||||
1 | used in accordance with other provisions of this Act, by the | ||||||
2 | Illinois State Police.
| ||||||
3 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
4 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
5 | required to provide the
specimens before being accepted for | ||||||
6 | conditioned residency in Illinois under
the interstate compact | ||||||
7 | or agreement, but no later than 45 days after arrival
in this | ||||||
8 | State.
| ||||||
9 | (c-6) The Illinois Department of State Police may determine | ||||||
10 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
11 | is acceptable for submission
to the Division of Forensic | ||||||
12 | Services for analysis.
| ||||||
13 | (d) The Illinois Department of State Police shall provide | ||||||
14 | all equipment
and instructions necessary for the collection of | ||||||
15 | blood samples.
The collection of samples shall be performed in | ||||||
16 | a medically approved
manner. Only a physician authorized to | ||||||
17 | practice medicine, a registered
nurse or other qualified person | ||||||
18 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
19 | this Act. The samples
shall thereafter be forwarded to the | ||||||
20 | Illinois Department of State Police,
Division of Forensic | ||||||
21 | Services, for analysis and
categorizing into genetic marker | ||||||
22 | groupings.
| ||||||
23 | (d-1) The Illinois Department of State Police shall provide | ||||||
24 | all equipment
and instructions necessary for the collection of | ||||||
25 | saliva samples. The
collection of saliva samples shall be | ||||||
26 | performed in a medically approved manner.
Only a person trained |
| |||||||
| |||||||
1 | in the instructions promulgated by the Illinois State
Police on | ||||||
2 | collecting saliva may collect saliva for the purposes of this
| ||||||
3 | Section. The samples shall thereafter be forwarded to the | ||||||
4 | Illinois Department
of State Police, Division of Forensic | ||||||
5 | Services, for analysis and categorizing
into genetic marker | ||||||
6 | groupings.
| ||||||
7 | (d-2) The Illinois Department of State Police shall provide | ||||||
8 | all equipment
and instructions necessary for the collection of | ||||||
9 | tissue samples. The
collection of tissue samples shall be | ||||||
10 | performed in a medically approved
manner. Only a person trained | ||||||
11 | in the instructions promulgated by the Illinois
State Police on | ||||||
12 | collecting tissue may collect tissue for the purposes of this
| ||||||
13 | Section. The samples shall thereafter be forwarded to the | ||||||
14 | Illinois Department
of State Police, Division of Forensic | ||||||
15 | Services, for analysis and categorizing
into genetic marker | ||||||
16 | groupings.
| ||||||
17 | (d-5) To the extent that funds are available, the Illinois | ||||||
18 | Department of
State Police shall contract with qualified | ||||||
19 | personnel and certified laboratories
for the collection, | ||||||
20 | analysis, and categorization of known samples, except as | ||||||
21 | provided in subsection (n) of this Section.
| ||||||
22 | (d-6) Agencies designated by the Illinois Department of | ||||||
23 | State Police and
the Illinois Department of State Police may | ||||||
24 | contract with third parties to
provide for the collection or | ||||||
25 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
26 | tissue samples, except as provided in subsection (n) of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (e) The genetic marker groupings shall be maintained by the | ||||||
3 | Illinois
Department of State Police, Division of Forensic | ||||||
4 | Services.
| ||||||
5 | (f) The genetic marker grouping analysis information | ||||||
6 | obtained pursuant
to this Act shall be confidential and shall | ||||||
7 | be released only to peace
officers of the United States, of | ||||||
8 | other states or territories, of the
insular possessions of the | ||||||
9 | United States, of foreign countries duly
authorized to receive | ||||||
10 | the same, to all peace officers of the State of
Illinois and to | ||||||
11 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
12 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
13 | genetic marker grouping analysis information obtained pursuant | ||||||
14 | to
this Act shall be used only for (i) valid law enforcement | ||||||
15 | identification
purposes and as required by the Federal Bureau | ||||||
16 | of Investigation for
participation in the National DNA | ||||||
17 | database, (ii) technology
validation
purposes, (iii) a | ||||||
18 | population statistics database, (iv) quality
assurance
| ||||||
19 | purposes if personally identifying information is removed,
(v) | ||||||
20 | assisting in the defense of the criminally accused pursuant
to
| ||||||
21 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
22 | (vi) identifying and assisting in the prosecution of a person | ||||||
23 | who is suspected of committing a sexual assault as defined in | ||||||
24 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
25 | Act. Notwithstanding
any other statutory provision to the | ||||||
26 | contrary,
all information obtained under this Section shall be |
| |||||||
| |||||||
1 | maintained in a single
State data base, which may be uploaded | ||||||
2 | into a national database, and which
information may be subject | ||||||
3 | to expungement only as set forth in subsection
(f-1).
| ||||||
4 | (f-1) Upon receipt of notification of a reversal of a | ||||||
5 | conviction based on
actual innocence, or of the granting of a | ||||||
6 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
7 | Constitution, if that pardon document specifically
states that | ||||||
8 | the reason for the pardon is the actual innocence of an | ||||||
9 | individual
whose DNA record has been stored in the State or | ||||||
10 | national DNA identification
index in accordance with this | ||||||
11 | Section by the Illinois Department of State
Police, the DNA | ||||||
12 | record shall be expunged from the DNA identification index, and
| ||||||
13 | the Department shall by rule prescribe procedures to ensure | ||||||
14 | that the record and
any samples, analyses, or other documents | ||||||
15 | relating to such record, whether in
the possession of the | ||||||
16 | Department or any law enforcement or police agency, or
any | ||||||
17 | forensic DNA laboratory, including any duplicates or copies | ||||||
18 | thereof, are
destroyed and a letter is sent to the court | ||||||
19 | verifying the expungement is
completed.
| ||||||
20 | (f-5) Any person who intentionally uses genetic marker | ||||||
21 | grouping analysis
information, or any other information | ||||||
22 | derived from a DNA sample, beyond the
authorized uses as | ||||||
23 | provided under this Section, or any other Illinois law, is
| ||||||
24 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
25 | not less than
$5,000.
| ||||||
26 | (f-6) The Illinois Department of State Police may contract |
| |||||||
| |||||||
1 | with third
parties for the purposes of implementing this | ||||||
2 | amendatory Act of the 93rd
General Assembly, except as provided | ||||||
3 | in subsection (n) of this Section. Any other party contracting | ||||||
4 | to carry out the functions of
this Section shall be subject to | ||||||
5 | the same restrictions and requirements of this
Section insofar | ||||||
6 | as applicable, as the Illinois Department of State Police, and
| ||||||
7 | to any additional restrictions imposed by the Illinois | ||||||
8 | Department of State
Police.
| ||||||
9 | (g) For the purposes of this Section, "qualifying offense" | ||||||
10 | means any of
the following:
| ||||||
11 | (1) any violation or inchoate violation of Section | ||||||
12 | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | ||||||
13 | 12-16 of the Criminal Code of 1961;
| ||||||
14 | (1.1) any violation or inchoate violation of Section | ||||||
15 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
16 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
17 | persons are convicted on or after July 1, 2001;
| ||||||
18 | (2) any former statute of this State which defined a | ||||||
19 | felony sexual
offense;
| ||||||
20 | (3) (blank);
| ||||||
21 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
22 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
23 | (5) any violation or inchoate violation of Article 29D | ||||||
24 | of the Criminal
Code of 1961.
| ||||||
25 | (g-5) (Blank).
| ||||||
26 | (h) The Illinois Department of State Police shall be the |
| |||||||
| |||||||
1 | State central
repository for all genetic marker grouping | ||||||
2 | analysis information obtained
pursuant to this Act. The | ||||||
3 | Illinois Department of State Police may
promulgate rules for | ||||||
4 | the form and manner of the collection of blood, saliva,
or | ||||||
5 | tissue samples and other procedures for the operation of this | ||||||
6 | Act. The
provisions of the Administrative Review Law shall | ||||||
7 | apply to all actions taken
under the rules so promulgated.
| ||||||
8 | (i) (1) A person required to provide a blood, saliva, or | ||||||
9 | tissue specimen
shall
cooperate with the collection of the | ||||||
10 | specimen and any deliberate act by
that person intended to | ||||||
11 | impede, delay or stop the collection of the blood,
saliva, | ||||||
12 | or tissue specimen is a Class A misdemeanor.
| ||||||
13 | (2) In the event that a person's DNA sample is not | ||||||
14 | adequate for any
reason, the person shall provide another | ||||||
15 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
16 | and corrections personnel may employ reasonable force in | ||||||
17 | cases in
which an individual refuses to provide a DNA | ||||||
18 | sample required under this
Act.
| ||||||
19 | (j) Any person required by subsection (a) to submit | ||||||
20 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
21 | Department of State Police for analysis and categorization into
| ||||||
22 | genetic marker grouping, in addition to any other disposition, | ||||||
23 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
24 | the analysis fee is not
paid at the time of sentencing, the | ||||||
25 | court shall establish a fee schedule by
which the entire amount | ||||||
26 | of the analysis fee shall be paid in full, such
schedule not to |
| |||||||
| |||||||
1 | exceed 24 months from the time of conviction. The inability to
| ||||||
2 | pay this analysis fee shall not be the sole ground to | ||||||
3 | incarcerate the person.
| ||||||
4 | (k) All analysis and categorization fees provided for by | ||||||
5 | subsection (j)
shall be regulated as follows:
| ||||||
6 | (1) The State Offender DNA Identification System Fund | ||||||
7 | is hereby created as
a special fund in the State Treasury.
| ||||||
8 | (2) All fees shall be collected by the clerk of the | ||||||
9 | court and forwarded to
the State Offender DNA | ||||||
10 | Identification System Fund for deposit. The
clerk of the | ||||||
11 | circuit court may retain the amount of $10 from each | ||||||
12 | collected
analysis fee to offset administrative costs | ||||||
13 | incurred in carrying out the
clerk's responsibilities | ||||||
14 | under this Section.
| ||||||
15 | (3) Fees deposited into the State Offender DNA | ||||||
16 | Identification System Fund
shall be used by Illinois State | ||||||
17 | Police crime laboratories as designated by the
Director of | ||||||
18 | State Police. These funds shall be in addition to any | ||||||
19 | allocations
made pursuant to existing laws and shall be | ||||||
20 | designated for the exclusive use of
State crime | ||||||
21 | laboratories. These uses may include, but are not limited | ||||||
22 | to, the
following:
| ||||||
23 | (A) Costs incurred in providing analysis and | ||||||
24 | genetic marker
categorization as required by | ||||||
25 | subsection (d).
| ||||||
26 | (B) Costs incurred in maintaining genetic marker |
| |||||||
| |||||||
1 | groupings as required
by subsection (e).
| ||||||
2 | (C) Costs incurred in the purchase and maintenance | ||||||
3 | of equipment for use
in performing analyses.
| ||||||
4 | (D) Costs incurred in continuing research and | ||||||
5 | development of new
techniques for analysis and genetic | ||||||
6 | marker categorization.
| ||||||
7 | (E) Costs incurred in continuing education, | ||||||
8 | training, and professional
development of forensic | ||||||
9 | scientists regularly employed by these laboratories.
| ||||||
10 | (l) The failure of a person to provide a specimen, or of | ||||||
11 | any person or
agency to collect a specimen, within the 45 day | ||||||
12 | period shall in no way alter
the obligation of the person to | ||||||
13 | submit such specimen, or the authority of the
Illinois | ||||||
14 | Department of State Police or persons designated by the | ||||||
15 | Department to
collect the specimen, or the authority of the | ||||||
16 | Illinois Department of State
Police to accept, analyze and | ||||||
17 | maintain the specimen or to maintain or upload
results of | ||||||
18 | genetic marker grouping analysis information into a State or
| ||||||
19 | national database.
| ||||||
20 | (m) If any provision of this amendatory Act of the 93rd | ||||||
21 | General Assembly
is
held unconstitutional or otherwise | ||||||
22 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
23 | General Assembly is not affected.
| ||||||
24 | (n) Neither the Department of State Police, the Division of | ||||||
25 | Forensic Services, nor any laboratory of the Division of | ||||||
26 | Forensic Services may contract out forensic testing for the |
| |||||||
| |||||||
1 | purpose of an active investigation or a matter pending before a | ||||||
2 | court of competent jurisdiction without the written consent of | ||||||
3 | the prosecuting agency. For the purposes of this subsection | ||||||
4 | (n), "forensic testing" includes the analysis of physical | ||||||
5 | evidence in an investigation or other proceeding for the | ||||||
6 | prosecution of a violation of the Criminal Code of 1961 or for | ||||||
7 | matters adjudicated under the Juvenile Court Act of 1987, and | ||||||
8 | includes the use of forensic databases and databanks, including | ||||||
9 | DNA, firearm, and fingerprint databases, and expert testimony. | ||||||
10 | (Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | ||||||
11 | revised 9-15-09.)
| ||||||
12 | (730 ILCS 5/5-4-3.2) | ||||||
13 | Sec. 5-4-3.2. Collection and storage of Internet protocol | ||||||
14 | addresses. | ||||||
15 | (a) Cyber-crimes Location Database. The Attorney General | ||||||
16 | is hereby authorized to establish and maintain the "Illinois | ||||||
17 | Cyber-crimes Location Database" (ICLD) to collect, store, and | ||||||
18 | use Internet protocol (IP) addresses for purposes of | ||||||
19 | investigating and prosecuting child exploitation crimes on the | ||||||
20 | Internet. | ||||||
21 | (b) "Internet protocol address" means the string of numbers | ||||||
22 | by which a location on the Internet is identified by routers or | ||||||
23 | other computers connected to the Internet. | ||||||
24 | (c) Collection of Internet Protocol addresses. | ||||||
25 | (1) Collection upon commitment under the Sexually |
| |||||||
| |||||||
1 | Dangerous Persons Act. Upon motion for a defendant's | ||||||
2 | confinement under the Sexually Dangerous Persons Act for | ||||||
3 | criminal charges under Section 11-6, 11-20.1, 11-20.1B, | ||||||
4 | 11-20.3, or 11-21 of the Criminal Code of 1961, the State's | ||||||
5 | Attorney or Attorney General shall record all Internet | ||||||
6 | protocol (IP) addresses which the defendant may access from | ||||||
7 | his or her residence or place of employment, registered in | ||||||
8 | his or her name, or otherwise has under his or her control | ||||||
9 | or custody. | ||||||
10 | (2) Collection upon conviction. Upon conviction for | ||||||
11 | crimes under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
12 | 11-21 of the Criminal Code of 1961, a State's Attorney | ||||||
13 | shall record from defendants all Internet protocol (IP) | ||||||
14 | addresses which the defendant may access from his or her | ||||||
15 | residence or place of employment, registered in his or her | ||||||
16 | name, or otherwise has under his or her control or custody, | ||||||
17 | regardless of the sentence or disposition imposed.
| ||||||
18 | (d) Storage and use of the Database. Internet protocol (IP) | ||||||
19 | addresses recorded pursuant to this Section shall be submitted | ||||||
20 | to the Attorney General for storage and use in the Illinois | ||||||
21 | Cyber-crimes Location Database. The Attorney General and its | ||||||
22 | designated agents may access the database for the purpose of | ||||||
23 | investigation and prosecution of crimes listed in this Section. | ||||||
24 | In addition, the Attorney General is authorized to share | ||||||
25 | information stored in the database with the National Center for | ||||||
26 | Missing and Exploited Children (NCMEC) and any federal, state, |
| |||||||
| |||||||
1 | or local law enforcement agencies for the investigation or | ||||||
2 | prosecution of child exploitation crimes.
| ||||||
3 | (Source: P.A. 95-579, eff. 8-31-07.)
| ||||||
4 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
5 | Sec. 5-5-3. Disposition.
| ||||||
6 | (a) (Blank).
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) (1) (Blank).
| ||||||
9 | (2) A period of probation, a term of periodic | ||||||
10 | imprisonment or
conditional discharge shall not be imposed | ||||||
11 | for the following offenses.
The court shall sentence the | ||||||
12 | offender to not less than the minimum term
of imprisonment | ||||||
13 | set forth in this Code for the following offenses, and
may | ||||||
14 | order a fine or restitution or both in conjunction with | ||||||
15 | such term of
imprisonment:
| ||||||
16 | (A) First degree murder where the death penalty is | ||||||
17 | not imposed.
| ||||||
18 | (B) Attempted first degree murder.
| ||||||
19 | (C) A Class X felony.
| ||||||
20 | (D) A violation of Section 401.1 or 407 of the
| ||||||
21 | Illinois Controlled Substances Act, or a violation of | ||||||
22 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
23 | of that Act which relates to more than 5 grams of a | ||||||
24 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
25 | analog thereof.
|
| |||||||
| |||||||
1 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
2 | Control
Act.
| ||||||
3 | (F) A Class 2 or greater felony if the offender had | ||||||
4 | been convicted
of a Class 2 or greater felony, | ||||||
5 | including any state or federal conviction for an | ||||||
6 | offense that contained, at the time it was committed, | ||||||
7 | the same elements as an offense now (the date of the | ||||||
8 | offense committed after the prior Class 2 or greater | ||||||
9 | felony) classified as a Class 2 or greater felony, | ||||||
10 | within 10 years of the date on which the
offender
| ||||||
11 | committed the offense for which he or she is being | ||||||
12 | sentenced, except as
otherwise provided in Section | ||||||
13 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
14 | Dependency Act.
| ||||||
15 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
16 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
17 | imprisonment is prescribed in those Sections.
| ||||||
18 | (G) Residential burglary, except as otherwise | ||||||
19 | provided in Section 40-10
of the Alcoholism and Other | ||||||
20 | Drug Abuse and Dependency Act.
| ||||||
21 | (H) Criminal sexual assault.
| ||||||
22 | (I) Aggravated battery of a senior citizen.
| ||||||
23 | (J) A forcible felony if the offense was related to | ||||||
24 | the activities of an
organized gang.
| ||||||
25 | Before July 1, 1994, for the purposes of this | ||||||
26 | paragraph, "organized
gang" means an association of 5 |
| |||||||
| |||||||
1 | or more persons, with an established hierarchy,
that | ||||||
2 | encourages members of the association to perpetrate | ||||||
3 | crimes or provides
support to the members of the | ||||||
4 | association who do commit crimes.
| ||||||
5 | Beginning July 1, 1994, for the purposes of this | ||||||
6 | paragraph,
"organized gang" has the meaning ascribed | ||||||
7 | to it in Section 10 of the Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act.
| ||||||
9 | (K) Vehicular hijacking.
| ||||||
10 | (L) A second or subsequent conviction for the | ||||||
11 | offense of hate crime
when the underlying offense upon | ||||||
12 | which the hate crime is based is felony
aggravated
| ||||||
13 | assault or felony mob action.
| ||||||
14 | (M) A second or subsequent conviction for the | ||||||
15 | offense of institutional
vandalism if the damage to the | ||||||
16 | property exceeds $300.
| ||||||
17 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
18 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
19 | Identification Card Act.
| ||||||
20 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
21 | Code of 1961.
| ||||||
22 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
23 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
24 | Criminal Code of 1961.
| ||||||
25 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
26 | Criminal Code of
1961.
|
| |||||||
| |||||||
1 | (R) A violation of Section 24-3A of the Criminal | ||||||
2 | Code of
1961.
| ||||||
3 | (S) (Blank).
| ||||||
4 | (T) A second or subsequent violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act.
| ||||||
6 | (U) A second or subsequent violation of Section | ||||||
7 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
8 | or her driver's license, permit, or privilege was | ||||||
9 | revoked because of a violation of Section 9-3 of the | ||||||
10 | Criminal Code of 1961, relating to the offense of | ||||||
11 | reckless homicide, or a similar provision of a law of | ||||||
12 | another state.
| ||||||
13 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
14 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
15 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
16 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
17 | Code of 1961.
| ||||||
18 | (X) A violation of subsection (a) of Section 31-1a | ||||||
19 | of the Criminal Code of 1961. | ||||||
20 | (Y) A conviction for unlawful possession of a | ||||||
21 | firearm by a street gang member when the firearm was | ||||||
22 | loaded or contained firearm ammunition.
| ||||||
23 | (3) (Blank).
| ||||||
24 | (4) A minimum term of imprisonment of not less than 10
| ||||||
25 | consecutive days or 30 days of community service shall be | ||||||
26 | imposed for a
violation of paragraph (c) of Section 6-303 |
| |||||||
| |||||||
1 | of the Illinois Vehicle Code.
| ||||||
2 | (4.1) (Blank).
| ||||||
3 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
4 | of this subsection (c), a
minimum of
100 hours of community | ||||||
5 | service shall be imposed for a second violation of
Section | ||||||
6 | 6-303
of the Illinois Vehicle Code.
| ||||||
7 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
8 | hours of community
service, as determined by the court, | ||||||
9 | shall
be imposed for a second violation of subsection (c) | ||||||
10 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
11 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
12 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
13 | imprisonment of 30 days or 300 hours of community service, | ||||||
14 | as
determined by the court, shall
be imposed
for a third or | ||||||
15 | subsequent violation of Section 6-303 of the Illinois | ||||||
16 | Vehicle
Code.
| ||||||
17 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
18 | be imposed for a third violation of subsection (c) of
| ||||||
19 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
20 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
21 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
22 | shall be imposed for a
fourth or subsequent violation of | ||||||
23 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | (4.7) A minimum term of imprisonment of not less than | ||||||
26 | 30 consecutive days, or 300 hours of community service, |
| |||||||
| |||||||
1 | shall be imposed for a violation of subsection (a-5) of | ||||||
2 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
3 | subsection (b-5) of that Section.
| ||||||
4 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
5 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
6 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
7 | of that Section. The person's driving privileges shall be | ||||||
8 | revoked for a period of not less than 5 years from the date | ||||||
9 | of his or her release from prison.
| ||||||
10 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
11 | and not more than 15 years shall be imposed for a third | ||||||
12 | violation of subsection (a-5) of Section 6-303 of the | ||||||
13 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
14 | that Section. The person's driving privileges shall be | ||||||
15 | revoked for the remainder of his or her life.
| ||||||
16 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
17 | shall be imposed, and the person shall be eligible for an | ||||||
18 | extended term sentence, for a fourth or subsequent | ||||||
19 | violation of subsection (a-5) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
21 | that Section. The person's driving privileges shall be | ||||||
22 | revoked for the remainder of his or her life.
| ||||||
23 | (5) The court may sentence a corporation or | ||||||
24 | unincorporated
association convicted of any offense to:
| ||||||
25 | (A) a period of conditional discharge;
| ||||||
26 | (B) a fine;
|
| |||||||
| |||||||
1 | (C) make restitution to the victim under Section | ||||||
2 | 5-5-6 of this Code.
| ||||||
3 | (5.1) In addition to any other penalties imposed, and | ||||||
4 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
5 | convicted of violating subsection (c) of Section 11-907 of | ||||||
6 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
7 | license, permit, or privileges
suspended for at least 90 | ||||||
8 | days but not more than one year, if the violation
resulted | ||||||
9 | in damage to the property of another person.
| ||||||
10 | (5.2) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.3), a person convicted
| ||||||
12 | of violating subsection (c) of Section 11-907 of the | ||||||
13 | Illinois Vehicle Code
shall have his or her driver's | ||||||
14 | license, permit, or privileges suspended for at
least 180 | ||||||
15 | days but not more than 2 years, if the violation resulted | ||||||
16 | in injury
to
another person.
| ||||||
17 | (5.3) In addition to any other penalties imposed, a | ||||||
18 | person convicted of violating subsection (c) of Section
| ||||||
19 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
20 | driver's license,
permit, or privileges suspended for 2 | ||||||
21 | years, if the violation resulted in the
death of another | ||||||
22 | person.
| ||||||
23 | (5.4) In addition to any other penalties imposed, a | ||||||
24 | person convicted of violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code shall have his or her driver's license, | ||||||
26 | permit, or privileges suspended for 3 months and until he |
| |||||||
| |||||||
1 | or she has paid a reinstatement fee of $100. | ||||||
2 | (5.5) In addition to any other penalties imposed, a | ||||||
3 | person convicted of violating Section 3-707 of the Illinois | ||||||
4 | Vehicle Code during a period in which his or her driver's | ||||||
5 | license, permit, or privileges were suspended for a | ||||||
6 | previous violation of that Section shall have his or her | ||||||
7 | driver's license, permit, or privileges suspended for an | ||||||
8 | additional 6 months after the expiration of the original | ||||||
9 | 3-month suspension and until he or she has paid a | ||||||
10 | reinstatement fee of $100.
| ||||||
11 | (6) (Blank).
| ||||||
12 | (7) (Blank).
| ||||||
13 | (8) (Blank).
| ||||||
14 | (9) A defendant convicted of a second or subsequent | ||||||
15 | offense of ritualized
abuse of a child may be sentenced to | ||||||
16 | a term of natural life imprisonment.
| ||||||
17 | (10) (Blank).
| ||||||
18 | (11) The court shall impose a minimum fine of $1,000 | ||||||
19 | for a first offense
and $2,000 for a second or subsequent | ||||||
20 | offense upon a person convicted of or
placed on supervision | ||||||
21 | for battery when the individual harmed was a sports
| ||||||
22 | official or coach at any level of competition and the act | ||||||
23 | causing harm to the
sports
official or coach occurred | ||||||
24 | within an athletic facility or within the immediate | ||||||
25 | vicinity
of the athletic facility at which the sports | ||||||
26 | official or coach was an active
participant
of the athletic |
| |||||||
| |||||||
1 | contest held at the athletic facility. For the purposes of
| ||||||
2 | this paragraph (11), "sports official" means a person at an | ||||||
3 | athletic contest
who enforces the rules of the contest, | ||||||
4 | such as an umpire or referee; "athletic facility" means an | ||||||
5 | indoor or outdoor playing field or recreational area where | ||||||
6 | sports activities are conducted;
and "coach" means a person | ||||||
7 | recognized as a coach by the sanctioning
authority that | ||||||
8 | conducted the sporting event. | ||||||
9 | (12) A person may not receive a disposition of court | ||||||
10 | supervision for a
violation of Section 5-16 of the Boat | ||||||
11 | Registration and Safety Act if that
person has previously | ||||||
12 | received a disposition of court supervision for a
violation | ||||||
13 | of that Section.
| ||||||
14 | (13) A person convicted of or placed on court | ||||||
15 | supervision for an assault or aggravated assault when the | ||||||
16 | victim and the offender are family or household members as | ||||||
17 | defined in Section 103 of the Illinois Domestic Violence | ||||||
18 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
19 | domestic battery may be required to attend a Partner Abuse | ||||||
20 | Intervention Program under protocols set forth by the | ||||||
21 | Illinois Department of Human Services under such terms and | ||||||
22 | conditions imposed by the court. The costs of such classes | ||||||
23 | shall be paid by the offender.
| ||||||
24 | (d) In any case in which a sentence originally imposed is | ||||||
25 | vacated,
the case shall be remanded to the trial court. The | ||||||
26 | trial court shall
hold a hearing under Section 5-4-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections
which may include evidence of the | ||||||
2 | defendant's life, moral character and
occupation during the | ||||||
3 | time since the original sentence was passed. The
trial court | ||||||
4 | shall then impose sentence upon the defendant. The trial
court | ||||||
5 | may impose any sentence which could have been imposed at the
| ||||||
6 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
7 | Corrections.
If a sentence is vacated on appeal or on | ||||||
8 | collateral attack due to the
failure of the trier of fact at | ||||||
9 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
10 | fact (other than a prior conviction) necessary to increase the
| ||||||
11 | punishment for the offense beyond the statutory maximum | ||||||
12 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
13 | to a term within the range otherwise
provided or, if the State | ||||||
14 | files notice of its intention to again seek the
extended | ||||||
15 | sentence, the defendant shall be afforded a new trial.
| ||||||
16 | (e) In cases where prosecution for
aggravated criminal | ||||||
17 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
18 | Code of 1961 results in conviction of a defendant
who was a | ||||||
19 | family member of the victim at the time of the commission of | ||||||
20 | the
offense, the court shall consider the safety and welfare of | ||||||
21 | the victim and
may impose a sentence of probation only where:
| ||||||
22 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
23 | (A) the defendant is willing to undergo a court | ||||||
24 | approved counseling
program for a minimum duration of 2 | ||||||
25 | years; or
| ||||||
26 | (B) the defendant is willing to participate in a |
| |||||||
| |||||||
1 | court approved plan
including but not limited to the | ||||||
2 | defendant's:
| ||||||
3 | (i) removal from the household;
| ||||||
4 | (ii) restricted contact with the victim;
| ||||||
5 | (iii) continued financial support of the | ||||||
6 | family;
| ||||||
7 | (iv) restitution for harm done to the victim; | ||||||
8 | and
| ||||||
9 | (v) compliance with any other measures that | ||||||
10 | the court may
deem appropriate; and
| ||||||
11 | (2) the court orders the defendant to pay for the | ||||||
12 | victim's counseling
services, to the extent that the court | ||||||
13 | finds, after considering the
defendant's income and | ||||||
14 | assets, that the defendant is financially capable of
paying | ||||||
15 | for such services, if the victim was under 18 years of age | ||||||
16 | at the
time the offense was committed and requires | ||||||
17 | counseling as a result of the
offense.
| ||||||
18 | Probation may be revoked or modified pursuant to Section | ||||||
19 | 5-6-4; except
where the court determines at the hearing that | ||||||
20 | the defendant violated a
condition of his or her probation | ||||||
21 | restricting contact with the victim or
other family members or | ||||||
22 | commits another offense with the victim or other
family | ||||||
23 | members, the court shall revoke the defendant's probation and
| ||||||
24 | impose a term of imprisonment.
| ||||||
25 | For the purposes of this Section, "family member" and | ||||||
26 | "victim" shall have
the meanings ascribed to them in Section |
| |||||||
| |||||||
1 | 11-0.1 12-12 of the Criminal Code of
1961.
| ||||||
2 | (f) (Blank).
| ||||||
3 | (g) Whenever a defendant is convicted of an offense under | ||||||
4 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
5 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
6 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
7 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
8 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961,
the | ||||||
9 | defendant shall undergo medical testing to
determine whether | ||||||
10 | the defendant has any sexually transmissible disease,
| ||||||
11 | including a test for infection with human immunodeficiency | ||||||
12 | virus (HIV) or
any other identified causative agent of acquired | ||||||
13 | immunodeficiency syndrome
(AIDS). Any such medical test shall | ||||||
14 | be performed only by appropriately
licensed medical | ||||||
15 | practitioners and may include an analysis of any bodily
fluids | ||||||
16 | as well as an examination of the defendant's person.
Except as | ||||||
17 | otherwise provided by law, the results of such test shall be | ||||||
18 | kept
strictly confidential by all medical personnel involved in | ||||||
19 | the testing and must
be personally delivered in a sealed | ||||||
20 | envelope to the judge of the court in which
the conviction was | ||||||
21 | entered for the judge's inspection in camera. Acting in
| ||||||
22 | accordance with the best interests of the victim and the | ||||||
23 | public, the judge
shall have the discretion to determine to | ||||||
24 | whom, if anyone, the results of the
testing may be revealed. | ||||||
25 | The court shall notify the defendant
of the test results. The | ||||||
26 | court shall
also notify the victim if requested by the victim, |
| |||||||
| |||||||
1 | and if the victim is under
the age of 15 and if requested by the | ||||||
2 | victim's parents or legal guardian, the
court shall notify the | ||||||
3 | victim's parents or legal guardian of the test
results.
The | ||||||
4 | court shall provide information on the availability of HIV | ||||||
5 | testing
and counseling at Department of Public Health | ||||||
6 | facilities to all parties to
whom the results of the testing | ||||||
7 | are revealed and shall direct the State's
Attorney to provide | ||||||
8 | the information to the victim when possible.
A State's Attorney | ||||||
9 | may petition the court to obtain the results of any HIV test
| ||||||
10 | administered under this Section, and the court shall grant the | ||||||
11 | disclosure if
the State's Attorney shows it is relevant in | ||||||
12 | order to prosecute a charge of
criminal transmission of HIV | ||||||
13 | under Section 12-16.2 of the Criminal Code of 1961
against the | ||||||
14 | defendant. The court shall order that the cost of any such test
| ||||||
15 | shall be paid by the county and may be taxed as costs against | ||||||
16 | the convicted
defendant.
| ||||||
17 | (g-5) When an inmate is tested for an airborne communicable | ||||||
18 | disease, as
determined by the Illinois Department of Public | ||||||
19 | Health including but not
limited to tuberculosis, the results | ||||||
20 | of the test shall be
personally delivered by the warden or his | ||||||
21 | or her designee in a sealed envelope
to the judge of the court | ||||||
22 | in which the inmate must appear for the judge's
inspection in | ||||||
23 | camera if requested by the judge. Acting in accordance with the
| ||||||
24 | best interests of those in the courtroom, the judge shall have | ||||||
25 | the discretion
to determine what if any precautions need to be | ||||||
26 | taken to prevent transmission
of the disease in the courtroom.
|
| |||||||
| |||||||
1 | (h) Whenever a defendant is convicted of an offense under | ||||||
2 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
3 | defendant shall undergo
medical testing to determine whether | ||||||
4 | the defendant has been exposed to human
immunodeficiency virus | ||||||
5 | (HIV) or any other identified causative agent of
acquired | ||||||
6 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
7 | by
law, the results of such test shall be kept strictly | ||||||
8 | confidential by all
medical personnel involved in the testing | ||||||
9 | and must be personally delivered in a
sealed envelope to the | ||||||
10 | judge of the court in which the conviction was entered
for the | ||||||
11 | judge's inspection in camera. Acting in accordance with the | ||||||
12 | best
interests of the public, the judge shall have the | ||||||
13 | discretion to determine to
whom, if anyone, the results of the | ||||||
14 | testing may be revealed. The court shall
notify the defendant | ||||||
15 | of a positive test showing an infection with the human
| ||||||
16 | immunodeficiency virus (HIV). The court shall provide | ||||||
17 | information on the
availability of HIV testing and counseling | ||||||
18 | at Department of Public Health
facilities to all parties to | ||||||
19 | whom the results of the testing are revealed and
shall direct | ||||||
20 | the State's Attorney to provide the information to the victim | ||||||
21 | when
possible. A State's Attorney may petition the court to | ||||||
22 | obtain the results of
any HIV test administered under this | ||||||
23 | Section, and the court shall grant the
disclosure if the | ||||||
24 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
25 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
26 | the Criminal
Code of 1961 against the defendant. The court |
| |||||||
| |||||||
1 | shall order that the cost of any
such test shall be paid by the | ||||||
2 | county and may be taxed as costs against the
convicted | ||||||
3 | defendant.
| ||||||
4 | (i) All fines and penalties imposed under this Section for | ||||||
5 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
6 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
7 | any violation
of the Child Passenger Protection Act, or a | ||||||
8 | similar provision of a local
ordinance, shall be collected and | ||||||
9 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
10 | of the Clerks of Courts Act.
| ||||||
11 | (j) In cases when prosecution for any violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
13 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
14 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
15 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
16 | 12-15, or
12-16 of the
Criminal Code of 1961, any violation of | ||||||
17 | the Illinois Controlled Substances Act,
any violation of the | ||||||
18 | Cannabis Control Act, or any violation of the Methamphetamine | ||||||
19 | Control and Community Protection Act results in conviction, a
| ||||||
20 | disposition of court supervision, or an order of probation | ||||||
21 | granted under
Section 10 of the Cannabis Control Act, Section | ||||||
22 | 410 of the Illinois
Controlled Substance Act, or Section 70 of | ||||||
23 | the Methamphetamine Control and Community Protection Act of a | ||||||
24 | defendant, the court shall determine whether the
defendant is | ||||||
25 | employed by a facility or center as defined under the Child | ||||||
26 | Care
Act of 1969, a public or private elementary or secondary |
| |||||||
| |||||||
1 | school, or otherwise
works with children under 18 years of age | ||||||
2 | on a daily basis. When a defendant
is so employed, the court | ||||||
3 | shall order the Clerk of the Court to send a copy of
the | ||||||
4 | judgment of conviction or order of supervision or probation to | ||||||
5 | the
defendant's employer by certified mail.
If the employer of | ||||||
6 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
7 | the mailing of a copy of the judgment of conviction or order of
| ||||||
8 | supervision or probation to the appropriate regional | ||||||
9 | superintendent of schools.
The regional superintendent of | ||||||
10 | schools shall notify the State Board of
Education of any | ||||||
11 | notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing the high
school level Test of | ||||||
20 | General Educational Development (GED) or to work toward
| ||||||
21 | completing a vocational training program offered by the | ||||||
22 | Department of
Corrections. If a defendant fails to complete the | ||||||
23 | educational training
required by his or her sentence during the | ||||||
24 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
25 | condition of mandatory supervised release, require the
| ||||||
26 | defendant, at his or her own expense, to pursue a course of |
| |||||||
| |||||||
1 | study toward a high
school diploma or passage of the GED test. | ||||||
2 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed the GED
test. This | ||||||
14 | subsection (j-5) does not apply to a defendant who is | ||||||
15 | determined by
the court to be developmentally disabled or | ||||||
16 | otherwise mentally incapable of
completing the educational or | ||||||
17 | vocational program.
| ||||||
18 | (k) (Blank).
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by | ||||||
21 | the Immigration and Nationality Act, is convicted
of any | ||||||
22 | felony or misdemeanor offense, the court after sentencing | ||||||
23 | the defendant
may, upon motion of the State's Attorney, | ||||||
24 | hold sentence in abeyance and remand
the defendant to the | ||||||
25 | custody of the Attorney General of
the United States or his | ||||||
26 | or her designated agent to be deported when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under | ||||||
3 | the Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct | ||||||
6 | and would not be inconsistent with the ends of
justice.
| ||||||
7 | Otherwise, the defendant shall be sentenced as | ||||||
8 | provided in this Chapter V.
| ||||||
9 | (B) If the defendant has already been sentenced for a | ||||||
10 | felony or
misdemeanor
offense, or has been placed on | ||||||
11 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
12 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
13 | Section 70 of the Methamphetamine Control and Community | ||||||
14 | Protection Act, the court
may, upon motion of the State's | ||||||
15 | Attorney to suspend the
sentence imposed, commit the | ||||||
16 | defendant to the custody of the Attorney General
of the | ||||||
17 | United States or his or her designated agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under | ||||||
20 | the Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct | ||||||
23 | and would not be inconsistent with the ends of
justice.
| ||||||
24 | (C) This subsection (l) does not apply to offenders who | ||||||
25 | are subject to the
provisions of paragraph (2) of | ||||||
26 | subsection (a) of Section 3-6-3.
|
| |||||||
| |||||||
1 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
2 | sentenced under
this Section returns to the jurisdiction of | ||||||
3 | the United States, the defendant
shall be recommitted to | ||||||
4 | the custody of the county from which he or she was
| ||||||
5 | sentenced.
Thereafter, the defendant shall be brought | ||||||
6 | before the sentencing court, which
may impose any sentence | ||||||
7 | that was available under Section 5-5-3 at the time of
| ||||||
8 | initial sentencing. In addition, the defendant shall not be | ||||||
9 | eligible for
additional good conduct credit for | ||||||
10 | meritorious service as provided under
Section 3-6-6.
| ||||||
11 | (m) A person convicted of criminal defacement of property | ||||||
12 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
13 | property damage exceeds $300
and the property damaged is a | ||||||
14 | school building, shall be ordered to perform
community service | ||||||
15 | that may include cleanup, removal, or painting over the
| ||||||
16 | defacement.
| ||||||
17 | (n) The court may sentence a person convicted of a | ||||||
18 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
19 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
20 | person is otherwise eligible for that program
under Section | ||||||
21 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
22 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
23 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
24 | program licensed under that
Act. | ||||||
25 | (o) Whenever a person is convicted of a sex offense as | ||||||
26 | defined in Section 2 of the Sex Offender Registration Act, the |
| |||||||
| |||||||
1 | defendant's driver's license or permit shall be subject to | ||||||
2 | renewal on an annual basis in accordance with the provisions of | ||||||
3 | license renewal established by the Secretary of State.
| ||||||
4 | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||||||
5 | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||||||
6 | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||||||
7 | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | ||||||
8 | eff. 12-3-09.)
| ||||||
9 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
10 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
11 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
12 | (a) The following factors shall be accorded weight in favor | ||||||
13 | of
imposing a term of imprisonment or may be considered by the | ||||||
14 | court as reasons
to impose a more severe sentence under Section | ||||||
15 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
16 | (1) the defendant's conduct caused or threatened | ||||||
17 | serious harm;
| ||||||
18 | (2) the defendant received compensation for committing | ||||||
19 | the offense;
| ||||||
20 | (3) the defendant has a history of prior delinquency or | ||||||
21 | criminal activity;
| ||||||
22 | (4) the defendant, by the duties of his office or by | ||||||
23 | his position,
was obliged to prevent the particular offense | ||||||
24 | committed or to bring
the offenders committing it to | ||||||
25 | justice;
|
| |||||||
| |||||||
1 | (5) the defendant held public office at the time of the | ||||||
2 | offense,
and the offense related to the conduct of that | ||||||
3 | office;
| ||||||
4 | (6) the defendant utilized his professional reputation | ||||||
5 | or
position in the community to commit the offense, or to | ||||||
6 | afford
him an easier means of committing it;
| ||||||
7 | (7) the sentence is necessary to deter others from | ||||||
8 | committing
the same crime;
| ||||||
9 | (8) the defendant committed the offense against a | ||||||
10 | person 60 years of age
or older or such person's property;
| ||||||
11 | (9) the defendant committed the offense against a | ||||||
12 | person who is
physically handicapped or such person's | ||||||
13 | property;
| ||||||
14 | (10) by reason of another individual's actual or | ||||||
15 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
16 | sexual orientation, physical or mental
disability, or | ||||||
17 | national origin, the defendant committed the offense | ||||||
18 | against (i)
the person or property
of that individual; (ii) | ||||||
19 | the person or property of a person who has an
association | ||||||
20 | with, is married to, or has a friendship with the other | ||||||
21 | individual;
or (iii) the person or property of a relative | ||||||
22 | (by blood or marriage) of a
person described in clause (i) | ||||||
23 | or (ii). For the purposes of this Section,
"sexual | ||||||
24 | orientation" means heterosexuality, homosexuality, or | ||||||
25 | bisexuality;
| ||||||
26 | (11) the offense took place in a place of worship or on |
| |||||||
| |||||||
1 | the
grounds of a place of worship, immediately prior to, | ||||||
2 | during or immediately
following worship services. For | ||||||
3 | purposes of this subparagraph, "place of
worship" shall | ||||||
4 | mean any church, synagogue or other building, structure or
| ||||||
5 | place used primarily for religious worship;
| ||||||
6 | (12) the defendant was convicted of a felony committed | ||||||
7 | while he was
released on bail or his own recognizance | ||||||
8 | pending trial for a prior felony
and was convicted of such | ||||||
9 | prior felony, or the defendant was convicted of a
felony | ||||||
10 | committed while he was serving a period of probation,
| ||||||
11 | conditional discharge, or mandatory supervised release | ||||||
12 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
13 | (13) the defendant committed or attempted to commit a | ||||||
14 | felony while he
was wearing a bulletproof vest. For the | ||||||
15 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
16 | device which is designed for the purpose of
protecting the | ||||||
17 | wearer from bullets, shot or other lethal projectiles;
| ||||||
18 | (14) the defendant held a position of trust or | ||||||
19 | supervision such as, but
not limited to, family member as | ||||||
20 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
21 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
22 | relation to a victim under 18 years of age, and the | ||||||
23 | defendant committed an
offense in violation of Section | ||||||
24 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
25 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
26 | against
that victim;
|
| |||||||
| |||||||
1 | (15) the defendant committed an offense related to the | ||||||
2 | activities of an
organized gang. For the purposes of this | ||||||
3 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
4 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
5 | Act;
| ||||||
6 | (16) the defendant committed an offense in violation of | ||||||
7 | one of the
following Sections while in a school, regardless | ||||||
8 | of the time of day or time of
year; on any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport
| ||||||
10 | students to or from school or a school related activity; on | ||||||
11 | the real property
of a school; or on a public way within | ||||||
12 | 1,000 feet of the real property
comprising any school: | ||||||
13 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
14 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
15 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
16 | 33A-2 of the Criminal Code of
1961;
| ||||||
17 | (16.5) the defendant committed an offense in violation | ||||||
18 | of one of the
following Sections while in a day care | ||||||
19 | center, regardless of the time of day or
time of year; on | ||||||
20 | the real property of a day care center, regardless of the | ||||||
21 | time
of day or time of year; or on a public
way within | ||||||
22 | 1,000 feet of the real property comprising any day care | ||||||
23 | center,
regardless of the time of day or time of year:
| ||||||
24 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
25 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
26 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
| |||||||
| |||||||
1 | 33A-2 of the Criminal
Code of 1961;
| ||||||
2 | (17) the defendant committed the offense by reason of | ||||||
3 | any person's
activity as a community policing volunteer or | ||||||
4 | to prevent any person from
engaging in activity as a | ||||||
5 | community policing volunteer. For the purpose of
this | ||||||
6 | Section, "community policing volunteer" has the meaning | ||||||
7 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
8 | 1961;
| ||||||
9 | (18) the defendant committed the offense in a nursing | ||||||
10 | home or on the
real
property comprising a nursing home. For | ||||||
11 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
12 | skilled nursing
or intermediate long term care facility | ||||||
13 | that is subject to license by the
Illinois Department of | ||||||
14 | Public Health under the Nursing Home Care
Act;
| ||||||
15 | (19) the defendant was a federally licensed firearm | ||||||
16 | dealer
and
was
previously convicted of a violation of | ||||||
17 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
18 | Identification Card Act and has now committed either a | ||||||
19 | felony
violation
of the Firearm Owners Identification Card | ||||||
20 | Act or an act of armed violence while
armed
with a firearm; | ||||||
21 | (20) the defendant (i) committed the offense of | ||||||
22 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
23 | 1961 or the offense of driving under the influence of | ||||||
24 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
25 | compounds or any combination thereof under Section 11-501 | ||||||
26 | of the Illinois Vehicle Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance and (ii) was operating a motor vehicle in | ||||||
2 | excess of 20 miles per hour over the posted speed limit as | ||||||
3 | provided in Article VI of Chapter 11 of the Illinois | ||||||
4 | Vehicle Code;
| ||||||
5 | (21) the defendant (i) committed the offense of | ||||||
6 | reckless driving or aggravated reckless driving under | ||||||
7 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
8 | operating a motor vehicle in excess of 20 miles per hour | ||||||
9 | over the posted speed limit as provided in Article VI of | ||||||
10 | Chapter 11 of the Illinois Vehicle Code; | ||||||
11 | (22) the defendant committed the offense against a | ||||||
12 | person that the defendant knew, or reasonably should have | ||||||
13 | known, was a member of the Armed Forces of the United | ||||||
14 | States serving on active duty. For purposes of this clause | ||||||
15 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
16 | of the United States, including a member of any reserve | ||||||
17 | component thereof or National Guard unit called to active | ||||||
18 | duty;
| ||||||
19 | (23)
the defendant committed the offense against a | ||||||
20 | person who was elderly, disabled, or infirm by taking | ||||||
21 | advantage of a family or fiduciary relationship with the | ||||||
22 | elderly, disabled, or infirm person; or
| ||||||
23 | (24)
the defendant committed any offense under Section | ||||||
24 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
25 | more images;
or | ||||||
26 | (25) the defendant committed the offense while the |
| |||||||
| |||||||
1 | defendant or the victim was in a train, bus, or other | ||||||
2 | vehicle used for public transportation ; or . | ||||||
3 | (26) (25) the defendant committed the offense of child | ||||||
4 | pornography or aggravated child pornography, specifically | ||||||
5 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
6 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
7 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
8 | or posed in any act of sexual penetration or bound, | ||||||
9 | fettered, or subject to sadistic, masochistic, or | ||||||
10 | sadomasochistic abuse in a sexual context and specifically | ||||||
11 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
12 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
13 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
14 | or posed in any act of sexual penetration or bound, | ||||||
15 | fettered, or subject to sadistic, masochistic, or | ||||||
16 | sadomasochistic abuse in a sexual context. | ||||||
17 | For the purposes of this Section:
| ||||||
18 | "School" is defined as a public or private
elementary or | ||||||
19 | secondary school, community college, college, or university.
| ||||||
20 | "Day care center" means a public or private State certified | ||||||
21 | and
licensed day care center as defined in Section 2.09 of the | ||||||
22 | Child Care Act of
1969 that displays a sign in plain view | ||||||
23 | stating that the
property is a day care center.
| ||||||
24 | "Public transportation" means the transportation
or | ||||||
25 | conveyance of persons by means available to the general public, | ||||||
26 | and includes paratransit services. |
| |||||||
| |||||||
1 | (b) The following factors, related to all felonies, may be | ||||||
2 | considered by the court as
reasons to impose an extended term | ||||||
3 | sentence under Section 5-8-2
upon any offender:
| ||||||
4 | (1) When a defendant is convicted of any felony, after | ||||||
5 | having
been previously convicted in Illinois or any other | ||||||
6 | jurisdiction of the
same or similar class felony or greater | ||||||
7 | class felony, when such conviction
has occurred within 10 | ||||||
8 | years after the
previous conviction, excluding time spent | ||||||
9 | in custody, and such charges are
separately brought and | ||||||
10 | tried and arise out of different series of acts; or
| ||||||
11 | (2) When a defendant is convicted of any felony and the | ||||||
12 | court
finds that the offense was accompanied by | ||||||
13 | exceptionally brutal
or heinous behavior indicative of | ||||||
14 | wanton cruelty; or
| ||||||
15 | (3) When a defendant is convicted of any felony | ||||||
16 | committed against:
| ||||||
17 | (i) a person under 12 years of age at the time of | ||||||
18 | the offense or such
person's property;
| ||||||
19 | (ii) a person 60 years of age or older at the time | ||||||
20 | of the offense or
such person's property; or
| ||||||
21 | (iii) a person physically handicapped at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (4) When a defendant is convicted of any felony and the | ||||||
24 | offense
involved any of the following types of specific | ||||||
25 | misconduct committed as
part of a ceremony, rite, | ||||||
26 | initiation, observance, performance, practice or
activity |
| |||||||
| |||||||
1 | of any actual or ostensible religious, fraternal, or social | ||||||
2 | group:
| ||||||
3 | (i) the brutalizing or torturing of humans or | ||||||
4 | animals;
| ||||||
5 | (ii) the theft of human corpses;
| ||||||
6 | (iii) the kidnapping of humans;
| ||||||
7 | (iv) the desecration of any cemetery, religious, | ||||||
8 | fraternal, business,
governmental, educational, or | ||||||
9 | other building or property; or
| ||||||
10 | (v) ritualized abuse of a child; or
| ||||||
11 | (5) When a defendant is convicted of a felony other | ||||||
12 | than conspiracy and
the court finds that
the felony was | ||||||
13 | committed under an agreement with 2 or more other persons
| ||||||
14 | to commit that offense and the defendant, with respect to | ||||||
15 | the other
individuals, occupied a position of organizer, | ||||||
16 | supervisor, financier, or any
other position of management | ||||||
17 | or leadership, and the court further finds that
the felony | ||||||
18 | committed was related to or in furtherance of the criminal
| ||||||
19 | activities of an organized gang or was motivated by the | ||||||
20 | defendant's leadership
in an organized gang; or
| ||||||
21 | (6) When a defendant is convicted of an offense | ||||||
22 | committed while using a firearm with a
laser sight attached | ||||||
23 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
24 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
25 | Criminal Code of
1961; or
| ||||||
26 | (7) When a defendant who was at least 17 years of age |
| |||||||
| |||||||
1 | at the
time of
the commission of the offense is convicted | ||||||
2 | of a felony and has been previously
adjudicated a | ||||||
3 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
4 | an act
that if committed by an adult would be a Class X or | ||||||
5 | Class 1 felony when the
conviction has occurred within 10 | ||||||
6 | years after the previous adjudication,
excluding time | ||||||
7 | spent in custody; or
| ||||||
8 | (8) When a defendant commits any felony and the | ||||||
9 | defendant used, possessed, exercised control over, or | ||||||
10 | otherwise directed an animal to assault a law enforcement | ||||||
11 | officer engaged in the execution of his or her official | ||||||
12 | duties or in furtherance of the criminal activities of an | ||||||
13 | organized gang in which the defendant is engaged.
| ||||||
14 | (c) The following factors may be considered by the court as | ||||||
15 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
16 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
17 | (1) When a defendant is convicted of first degree | ||||||
18 | murder, after having been previously convicted in Illinois | ||||||
19 | of any offense listed under paragraph (c)(2) of Section | ||||||
20 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
21 | within 10 years after the previous conviction, excluding | ||||||
22 | time spent in custody, and the charges are separately | ||||||
23 | brought and tried and arise out of different series of | ||||||
24 | acts. | ||||||
25 | (1.5) When a defendant is convicted of first degree | ||||||
26 | murder, after having been previously convicted of domestic |
| |||||||
| |||||||
1 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
2 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
3 | having been previously convicted of violation of an order | ||||||
4 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
5 | was the protected person. | ||||||
6 | (2) When a defendant is convicted of voluntary | ||||||
7 | manslaughter, second degree murder, involuntary | ||||||
8 | manslaughter, or reckless homicide in which the defendant | ||||||
9 | has been convicted of causing the death of more than one | ||||||
10 | individual. | ||||||
11 | (3) When a defendant is convicted of aggravated | ||||||
12 | criminal sexual assault or criminal sexual assault, when | ||||||
13 | there is a finding that aggravated criminal sexual assault | ||||||
14 | or criminal sexual assault was also committed on the same | ||||||
15 | victim by one or more other individuals, and the defendant | ||||||
16 | voluntarily participated in the crime with the knowledge of | ||||||
17 | the participation of the others in the crime, and the | ||||||
18 | commission of the crime was part of a single course of | ||||||
19 | conduct during which there was no substantial change in the | ||||||
20 | nature of the criminal objective. | ||||||
21 | (4) If the victim was under 18 years of age at the time | ||||||
22 | of the commission of the offense, when a defendant is | ||||||
23 | convicted of aggravated criminal sexual assault or | ||||||
24 | predatory criminal sexual assault of a child under | ||||||
25 | subsection (a)(1) of Section 12-14.1 of the Criminal Code | ||||||
26 | of 1961 (720 ILCS 5/11-1.40 or 5/12-14.1). |
| |||||||
| |||||||
1 | (5) When a defendant is convicted of a felony violation | ||||||
2 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
3 | 5/24-1) and there is a finding that the defendant is a | ||||||
4 | member of an organized gang. | ||||||
5 | (6) When a defendant was convicted of unlawful use of | ||||||
6 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
7 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
8 | readily distinguishable as one of the weapons enumerated in | ||||||
9 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
10 | 5/24-1). | ||||||
11 | (7) When a defendant is convicted of an offense | ||||||
12 | involving the illegal manufacture of a controlled | ||||||
13 | substance under Section 401 of the Illinois Controlled | ||||||
14 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
15 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
16 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
17 | the illegal possession of explosives and an emergency | ||||||
18 | response officer in the performance of his or her duties is | ||||||
19 | killed or injured at the scene of the offense while | ||||||
20 | responding to the emergency caused by the commission of the | ||||||
21 | offense. In this paragraph, "emergency" means a situation | ||||||
22 | in which a person's life, health, or safety is in jeopardy; | ||||||
23 | and "emergency response officer" means a peace officer, | ||||||
24 | community policing volunteer, fireman, emergency medical | ||||||
25 | technician-ambulance, emergency medical | ||||||
26 | technician-intermediate, emergency medical |
| |||||||
| |||||||
1 | technician-paramedic, ambulance driver, other medical | ||||||
2 | assistance or first aid personnel, or hospital emergency | ||||||
3 | room personnel.
| ||||||
4 | (d) For the purposes of this Section, "organized gang" has | ||||||
5 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
6 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
7 | (Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569, | ||||||
8 | eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09; | ||||||
9 | 95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; | ||||||
10 | 96-328, eff. 8-11-09; revised 9-25-09.)
| ||||||
11 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
12 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
13 | (a) The following factors shall be accorded weight in favor | ||||||
14 | of
imposing a term of imprisonment or may be considered by the | ||||||
15 | court as reasons
to impose a more severe sentence under Section | ||||||
16 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
17 | (1) the defendant's conduct caused or threatened | ||||||
18 | serious harm;
| ||||||
19 | (2) the defendant received compensation for committing | ||||||
20 | the offense;
| ||||||
21 | (3) the defendant has a history of prior delinquency or | ||||||
22 | criminal activity;
| ||||||
23 | (4) the defendant, by the duties of his office or by | ||||||
24 | his position,
was obliged to prevent the particular offense | ||||||
25 | committed or to bring
the offenders committing it to |
| |||||||
| |||||||
1 | justice;
| ||||||
2 | (5) the defendant held public office at the time of the | ||||||
3 | offense,
and the offense related to the conduct of that | ||||||
4 | office;
| ||||||
5 | (6) the defendant utilized his professional reputation | ||||||
6 | or
position in the community to commit the offense, or to | ||||||
7 | afford
him an easier means of committing it;
| ||||||
8 | (7) the sentence is necessary to deter others from | ||||||
9 | committing
the same crime;
| ||||||
10 | (8) the defendant committed the offense against a | ||||||
11 | person 60 years of age
or older or such person's property;
| ||||||
12 | (9) the defendant committed the offense against a | ||||||
13 | person who is
physically handicapped or such person's | ||||||
14 | property;
| ||||||
15 | (10) by reason of another individual's actual or | ||||||
16 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
17 | sexual orientation, physical or mental
disability, or | ||||||
18 | national origin, the defendant committed the offense | ||||||
19 | against (i)
the person or property
of that individual; (ii) | ||||||
20 | the person or property of a person who has an
association | ||||||
21 | with, is married to, or has a friendship with the other | ||||||
22 | individual;
or (iii) the person or property of a relative | ||||||
23 | (by blood or marriage) of a
person described in clause (i) | ||||||
24 | or (ii). For the purposes of this Section,
"sexual | ||||||
25 | orientation" means heterosexuality, homosexuality, or | ||||||
26 | bisexuality;
|
| |||||||
| |||||||
1 | (11) the offense took place in a place of worship or on | ||||||
2 | the
grounds of a place of worship, immediately prior to, | ||||||
3 | during or immediately
following worship services. For | ||||||
4 | purposes of this subparagraph, "place of
worship" shall | ||||||
5 | mean any church, synagogue or other building, structure or
| ||||||
6 | place used primarily for religious worship;
| ||||||
7 | (12) the defendant was convicted of a felony committed | ||||||
8 | while he was
released on bail or his own recognizance | ||||||
9 | pending trial for a prior felony
and was convicted of such | ||||||
10 | prior felony, or the defendant was convicted of a
felony | ||||||
11 | committed while he was serving a period of probation,
| ||||||
12 | conditional discharge, or mandatory supervised release | ||||||
13 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
14 | (13) the defendant committed or attempted to commit a | ||||||
15 | felony while he
was wearing a bulletproof vest. For the | ||||||
16 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
17 | device which is designed for the purpose of
protecting the | ||||||
18 | wearer from bullets, shot or other lethal projectiles;
| ||||||
19 | (14) the defendant held a position of trust or | ||||||
20 | supervision such as, but
not limited to, family member as | ||||||
21 | defined in Section 11-0.1 12-12 of the Criminal Code
of | ||||||
22 | 1961, teacher, scout leader, baby sitter, or day care | ||||||
23 | worker, in
relation to a victim under 18 years of age, and | ||||||
24 | the defendant committed an
offense in violation of Section | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
26 | 11-14.4 except for an offense that involves keeping a place |
| |||||||
| |||||||
1 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
2 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
3 | or 12-16 of the Criminal Code of 1961
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, 11-1.20, 11-1.30, 11-1.40, | ||||||
17 | 11-1.50, 11-1.60, 11-14.4, 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, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
20 | 33A-2 of the Criminal Code of
1961;
| ||||||
21 | (16.5) the defendant committed an offense in violation | ||||||
22 | of one of the
following Sections while in a day care | ||||||
23 | center, regardless of the time of day or
time of year; on | ||||||
24 | the real property of a day care center, regardless of the | ||||||
25 | time
of day or time of year; or on a public
way within | ||||||
26 | 1,000 feet of the real property comprising any day care |
| |||||||
| |||||||
1 | center,
regardless of the time of day or time of year:
| ||||||
2 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
3 | 11-1.50, 11-1.60, 11-14.4, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
6 | 33A-2 of the Criminal
Code of 1961;
| ||||||
7 | (17) the defendant committed the offense by reason of | ||||||
8 | any person's
activity as a community policing volunteer or | ||||||
9 | to prevent any person from
engaging in activity as a | ||||||
10 | community policing volunteer. For the purpose of
this | ||||||
11 | Section, "community policing volunteer" has the meaning | ||||||
12 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
13 | 1961;
| ||||||
14 | (18) the defendant committed the offense in a nursing | ||||||
15 | home or on the
real
property comprising a nursing home. For | ||||||
16 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
17 | skilled nursing
or intermediate long term care facility | ||||||
18 | that is subject to license by the
Illinois Department of | ||||||
19 | Public Health under the Nursing Home Care
Act or the MR/DD | ||||||
20 | Community Care Act;
| ||||||
21 | (19) the defendant was a federally licensed firearm | ||||||
22 | dealer
and
was
previously convicted of a violation of | ||||||
23 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
24 | Identification Card Act and has now committed either a | ||||||
25 | felony
violation
of the Firearm Owners Identification Card | ||||||
26 | Act or an act of armed violence while
armed
with a firearm; |
| |||||||
| |||||||
1 | (20) the defendant (i) committed the offense of | ||||||
2 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
3 | 1961 or the offense of driving under the influence of | ||||||
4 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
5 | compounds or any combination thereof under Section 11-501 | ||||||
6 | of the Illinois Vehicle Code or a similar provision of a | ||||||
7 | local ordinance and (ii) was operating a motor vehicle in | ||||||
8 | excess of 20 miles per hour over the posted speed limit as | ||||||
9 | provided in Article VI of Chapter 11 of the Illinois | ||||||
10 | Vehicle Code;
| ||||||
11 | (21) the defendant (i) committed the offense of | ||||||
12 | reckless driving or aggravated reckless driving under | ||||||
13 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
14 | operating a motor vehicle in excess of 20 miles per hour | ||||||
15 | over the posted speed limit as provided in Article VI of | ||||||
16 | Chapter 11 of the Illinois Vehicle Code; | ||||||
17 | (22) the defendant committed the offense against a | ||||||
18 | person that the defendant knew, or reasonably should have | ||||||
19 | known, was a member of the Armed Forces of the United | ||||||
20 | States serving on active duty. For purposes of this clause | ||||||
21 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
22 | of the United States, including a member of any reserve | ||||||
23 | component thereof or National Guard unit called to active | ||||||
24 | duty;
| ||||||
25 | (23)
the defendant committed the offense against a | ||||||
26 | person who was elderly, disabled, or infirm by taking |
| |||||||
| |||||||
1 | advantage of a family or fiduciary relationship with the | ||||||
2 | elderly, disabled, or infirm person; or
| ||||||
3 | (24)
the defendant committed any offense under Section | ||||||
4 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
5 | more images;
or | ||||||
6 | (25) the defendant committed the offense while the | ||||||
7 | defendant or the victim was in a train, bus, or other | ||||||
8 | vehicle used for public transportation ; or . | ||||||
9 | (26) (25) the defendant committed the offense of child | ||||||
10 | pornography or aggravated child pornography, specifically | ||||||
11 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
12 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
13 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
14 | or posed in any act of sexual penetration or bound, | ||||||
15 | fettered, or subject to sadistic, masochistic, or | ||||||
16 | sadomasochistic abuse in a sexual context and specifically | ||||||
17 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
18 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
19 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
20 | or posed in any act of sexual penetration or bound, | ||||||
21 | fettered, or subject to sadistic, masochistic, or | ||||||
22 | sadomasochistic abuse in a sexual context. | ||||||
23 | For the purposes of this Section:
| ||||||
24 | "School" is defined as a public or private
elementary or | ||||||
25 | secondary school, community college, college, or university.
| ||||||
26 | "Day care center" means a public or private State certified |
| |||||||
| |||||||
1 | and
licensed day care center as defined in Section 2.09 of the | ||||||
2 | Child Care Act of
1969 that displays a sign in plain view | ||||||
3 | stating that the
property is a day care center.
| ||||||
4 | "Public transportation" means the transportation
or | ||||||
5 | conveyance of persons by means available to the general public, | ||||||
6 | and includes paratransit services. | ||||||
7 | (b) The following factors, related to all felonies, may be | ||||||
8 | considered by the court as
reasons to impose an extended term | ||||||
9 | sentence under Section 5-8-2
upon any offender:
| ||||||
10 | (1) When a defendant is convicted of any felony, after | ||||||
11 | having
been previously convicted in Illinois or any other | ||||||
12 | jurisdiction of the
same or similar class felony or greater | ||||||
13 | class felony, when such conviction
has occurred within 10 | ||||||
14 | years after the
previous conviction, excluding time spent | ||||||
15 | in custody, and such charges are
separately brought and | ||||||
16 | tried and arise out of different series of acts; or
| ||||||
17 | (2) When a defendant is convicted of any felony and the | ||||||
18 | court
finds that the offense was accompanied by | ||||||
19 | exceptionally brutal
or heinous behavior indicative of | ||||||
20 | wanton cruelty; or
| ||||||
21 | (3) When a defendant is convicted of any felony | ||||||
22 | committed against:
| ||||||
23 | (i) a person under 12 years of age at the time of | ||||||
24 | the offense or such
person's property;
| ||||||
25 | (ii) a person 60 years of age or older at the time | ||||||
26 | of the offense or
such person's property; or
|
| |||||||
| |||||||
1 | (iii) a person physically handicapped at the time | ||||||
2 | of the offense or
such person's property; or
| ||||||
3 | (4) When a defendant is convicted of any felony and the | ||||||
4 | offense
involved any of the following types of specific | ||||||
5 | misconduct committed as
part of a ceremony, rite, | ||||||
6 | initiation, observance, performance, practice or
activity | ||||||
7 | of any actual or ostensible religious, fraternal, or social | ||||||
8 | group:
| ||||||
9 | (i) the brutalizing or torturing of humans or | ||||||
10 | animals;
| ||||||
11 | (ii) the theft of human corpses;
| ||||||
12 | (iii) the kidnapping of humans;
| ||||||
13 | (iv) the desecration of any cemetery, religious, | ||||||
14 | fraternal, business,
governmental, educational, or | ||||||
15 | other building or property; or
| ||||||
16 | (v) ritualized abuse of a child; or
| ||||||
17 | (5) When a defendant is convicted of a felony other | ||||||
18 | than conspiracy and
the court finds that
the felony was | ||||||
19 | committed under an agreement with 2 or more other persons
| ||||||
20 | to commit that offense and the defendant, with respect to | ||||||
21 | the other
individuals, occupied a position of organizer, | ||||||
22 | supervisor, financier, or any
other position of management | ||||||
23 | or leadership, and the court further finds that
the felony | ||||||
24 | committed was related to or in furtherance of the criminal
| ||||||
25 | activities of an organized gang or was motivated by the | ||||||
26 | defendant's leadership
in an organized gang; or
|
| |||||||
| |||||||
1 | (6) When a defendant is convicted of an offense | ||||||
2 | committed while using a firearm with a
laser sight attached | ||||||
3 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
4 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
5 | Criminal Code of
1961; or
| ||||||
6 | (7) When a defendant who was at least 17 years of age | ||||||
7 | at the
time of
the commission of the offense is convicted | ||||||
8 | of a felony and has been previously
adjudicated a | ||||||
9 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
10 | an act
that if committed by an adult would be a Class X or | ||||||
11 | Class 1 felony when the
conviction has occurred within 10 | ||||||
12 | years after the previous adjudication,
excluding time | ||||||
13 | spent in custody; or
| ||||||
14 | (8) When a defendant commits any felony and the | ||||||
15 | defendant used, possessed, exercised control over, or | ||||||
16 | otherwise directed an animal to assault a law enforcement | ||||||
17 | officer engaged in the execution of his or her official | ||||||
18 | duties or in furtherance of the criminal activities of an | ||||||
19 | organized gang in which the defendant is engaged.
| ||||||
20 | (c) The following factors may be considered by the court as | ||||||
21 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
22 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
23 | (1) When a defendant is convicted of first degree | ||||||
24 | murder, after having been previously convicted in Illinois | ||||||
25 | of any offense listed under paragraph (c)(2) of Section | ||||||
26 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
| |||||||
| |||||||
1 | within 10 years after the previous conviction, excluding | ||||||
2 | time spent in custody, and the charges are separately | ||||||
3 | brought and tried and arise out of different series of | ||||||
4 | acts. | ||||||
5 | (1.5) When a defendant is convicted of first degree | ||||||
6 | murder, after having been previously convicted of domestic | ||||||
7 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
8 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
9 | having been previously convicted of violation of an order | ||||||
10 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
11 | was the protected person. | ||||||
12 | (2) When a defendant is convicted of voluntary | ||||||
13 | manslaughter, second degree murder, involuntary | ||||||
14 | manslaughter, or reckless homicide in which the defendant | ||||||
15 | has been convicted of causing the death of more than one | ||||||
16 | individual. | ||||||
17 | (3) When a defendant is convicted of aggravated | ||||||
18 | criminal sexual assault or criminal sexual assault, when | ||||||
19 | there is a finding that aggravated criminal sexual assault | ||||||
20 | or criminal sexual assault was also committed on the same | ||||||
21 | victim by one or more other individuals, and the defendant | ||||||
22 | voluntarily participated in the crime with the knowledge of | ||||||
23 | the participation of the others in the crime, and the | ||||||
24 | commission of the crime was part of a single course of | ||||||
25 | conduct during which there was no substantial change in the | ||||||
26 | nature of the criminal objective. |
| |||||||
| |||||||
1 | (4) If the victim was under 18 years of age at the time | ||||||
2 | of the commission of the offense, when a defendant is | ||||||
3 | convicted of aggravated criminal sexual assault or | ||||||
4 | predatory criminal sexual assault of a child under | ||||||
5 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
6 | of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS | ||||||
7 | 5/11-1.40 or 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 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| ||||||
19 | Sec. 5-5-6. In all convictions for offenses in violation of | ||||||
20 | the Criminal
Code of 1961 or of Section 11-501 of the Illinois | ||||||
21 | Vehicle Code in which the person received any injury to his or | ||||||
22 | her person or damage
to his or her real or personal property as | ||||||
23 | a result of the criminal act of the
defendant, the court shall | ||||||
24 | order restitution as provided in this Section. In
all other | ||||||
25 | cases, except cases in which restitution is required under this
|
| |||||||
| |||||||
1 | Section, the court must at the sentence hearing determine | ||||||
2 | whether restitution
is an appropriate sentence to be imposed on | ||||||
3 | each defendant convicted of an
offense. If the court determines | ||||||
4 | that an order directing the offender to make
restitution is | ||||||
5 | appropriate, the offender may be sentenced to make restitution.
| ||||||
6 | The court may consider restitution an appropriate sentence to | ||||||
7 | be imposed on each defendant convicted of an offense in | ||||||
8 | addition to a sentence of imprisonment. The sentence of the | ||||||
9 | defendant to a term of imprisonment is not a mitigating factor | ||||||
10 | that prevents the court from ordering the defendant to pay | ||||||
11 | restitution. If
the offender is sentenced to make restitution | ||||||
12 | the Court shall determine the
restitution as hereinafter set | ||||||
13 | forth:
| ||||||
14 | (a) At the sentence hearing, the court shall determine | ||||||
15 | whether the
property
may be restored in kind to the | ||||||
16 | possession of the owner or the person entitled
to | ||||||
17 | possession thereof; or whether the defendant is possessed | ||||||
18 | of sufficient
skill to repair and restore property damaged; | ||||||
19 | or whether the defendant should
be required to make | ||||||
20 | restitution in cash, for out-of-pocket expenses, damages,
| ||||||
21 | losses, or injuries found to have been proximately caused | ||||||
22 | by the conduct
of the defendant or another for whom the | ||||||
23 | defendant is legally accountable
under the provisions of | ||||||
24 | Article V of the Criminal Code of 1961.
| ||||||
25 | (b) In fixing the amount of restitution to be paid in | ||||||
26 | cash, the court
shall allow credit for property returned in |
| |||||||
| |||||||
1 | kind, for property damages ordered
to be repaired by the | ||||||
2 | defendant, and for property ordered to be restored
by the | ||||||
3 | defendant; and after granting the credit, the court shall | ||||||
4 | assess
the actual out-of-pocket expenses, losses, damages, | ||||||
5 | and injuries suffered
by the victim named in the charge and | ||||||
6 | any other victims who may also have
suffered out-of-pocket | ||||||
7 | expenses, losses, damages, and injuries proximately
caused | ||||||
8 | by the same criminal conduct of the defendant, and | ||||||
9 | insurance
carriers who have indemnified the named victim or | ||||||
10 | other victims for the
out-of-pocket expenses, losses, | ||||||
11 | damages, or injuries, provided that in no
event shall | ||||||
12 | restitution be ordered to be paid on account of pain and
| ||||||
13 | suffering. If a defendant is placed on supervision for, or | ||||||
14 | convicted of,
domestic battery, the defendant shall be | ||||||
15 | required to pay restitution to any
domestic violence | ||||||
16 | shelter in which the victim and any other family or | ||||||
17 | household
members lived because of the domestic battery. | ||||||
18 | The amount of the restitution
shall equal the actual | ||||||
19 | expenses of the domestic violence shelter in providing
| ||||||
20 | housing and any other services for the victim and any other | ||||||
21 | family or household
members living at the shelter. If a | ||||||
22 | defendant fails to pay restitution in
the manner or within
| ||||||
23 | the time period specified by the court, the court may enter | ||||||
24 | an order
directing the sheriff to seize any real or | ||||||
25 | personal property of a defendant
to the extent necessary to | ||||||
26 | satisfy the order of restitution and dispose of
the |
| |||||||
| |||||||
1 | property by public sale. All proceeds from such sale in | ||||||
2 | excess of the
amount of restitution plus court costs and | ||||||
3 | the costs of the sheriff in
conducting the sale shall be | ||||||
4 | paid to the defendant. The defendant convicted of
domestic | ||||||
5 | battery, if a person under 18 years of age was present and | ||||||
6 | witnessed the domestic battery of the
victim, is liable to | ||||||
7 | pay restitution for the cost of any counseling required
for
| ||||||
8 | the child at the discretion of the court.
| ||||||
9 | (c) In cases where more than one defendant is | ||||||
10 | accountable for the same
criminal conduct that results in | ||||||
11 | out-of-pocket expenses, losses, damages,
or injuries, each | ||||||
12 | defendant shall be ordered to pay restitution in the amount
| ||||||
13 | of the total actual out-of-pocket expenses, losses, | ||||||
14 | damages, or injuries
to the victim proximately caused by | ||||||
15 | the conduct of all of the defendants
who are legally | ||||||
16 | accountable for the offense.
| ||||||
17 | (1) In no event shall the victim be entitled to | ||||||
18 | recover restitution in
excess of the actual | ||||||
19 | out-of-pocket expenses, losses, damages, or injuries,
| ||||||
20 | proximately caused by the conduct of all of the | ||||||
21 | defendants.
| ||||||
22 | (2) As between the defendants, the court may | ||||||
23 | apportion the restitution
that is payable in | ||||||
24 | proportion to each co-defendant's culpability in the
| ||||||
25 | commission of the offense.
| ||||||
26 | (3) In the absence of a specific order apportioning |
| |||||||
| |||||||
1 | the restitution,
each defendant shall bear his pro rata | ||||||
2 | share of the restitution.
| ||||||
3 | (4) As between the defendants, each defendant | ||||||
4 | shall be entitled to a pro
rata reduction in the total | ||||||
5 | restitution required to be paid to the victim
for | ||||||
6 | amounts of restitution actually paid by co-defendants, | ||||||
7 | and defendants
who shall have paid more than their pro | ||||||
8 | rata share shall be entitled to
refunds to be computed | ||||||
9 | by the court as additional amounts are
paid by | ||||||
10 | co-defendants.
| ||||||
11 | (d) In instances where a defendant has more than one | ||||||
12 | criminal charge
pending
against him in a single case, or | ||||||
13 | more than one case, and the defendant stands
convicted of | ||||||
14 | one or more charges, a plea agreement negotiated by the | ||||||
15 | State's
Attorney and the defendants may require the | ||||||
16 | defendant to make restitution
to victims of charges that | ||||||
17 | have been dismissed or which it is contemplated
will be | ||||||
18 | dismissed under the terms of the plea agreement, and under | ||||||
19 | the
agreement, the court may impose a sentence of | ||||||
20 | restitution on the charge
or charges of which the defendant | ||||||
21 | has been convicted that would require
the defendant to make | ||||||
22 | restitution to victims of other offenses as provided
in the | ||||||
23 | plea agreement.
| ||||||
24 | (e) The court may require the defendant to apply the | ||||||
25 | balance of the cash
bond, after payment of court costs, and | ||||||
26 | any fine that may be imposed to
the payment of restitution.
|
| |||||||
| |||||||
1 | (f) Taking into consideration the ability of the | ||||||
2 | defendant to pay, including any real or personal property | ||||||
3 | or any other assets of the defendant,
the court shall | ||||||
4 | determine whether restitution shall be paid in a single
| ||||||
5 | payment or in installments, and shall fix a period of time | ||||||
6 | not in excess
of 5 years or the period of time specified in | ||||||
7 | subsection (f-1), not including periods of incarceration, | ||||||
8 | within which payment of
restitution is to be paid in full.
| ||||||
9 | Complete restitution shall be paid in as short a time | ||||||
10 | period as possible.
However, if the court deems it | ||||||
11 | necessary and in the best interest of the
victim, the court | ||||||
12 | may extend beyond 5 years the period of time within which | ||||||
13 | the
payment of restitution is to be paid.
If the defendant | ||||||
14 | is ordered to pay restitution and the court orders that
| ||||||
15 | restitution is to be paid over a period greater than 6 | ||||||
16 | months, the court
shall order that the defendant make | ||||||
17 | monthly payments; the court may waive
this requirement of | ||||||
18 | monthly payments only if there is a specific finding of
| ||||||
19 | good cause for waiver.
| ||||||
20 | (f-1)(1) In addition to any other penalty prescribed by | ||||||
21 | law and any restitution ordered under this Section that did | ||||||
22 | not include long-term physical health care costs, the court | ||||||
23 | may, upon conviction of any misdemeanor or felony, order a | ||||||
24 | defendant to pay restitution to a victim in accordance with | ||||||
25 | the provisions of this subsection (f-1) if the victim has | ||||||
26 | suffered physical injury as a result of the offense that is |
| |||||||
| |||||||
1 | reasonably probable to require or has required long-term | ||||||
2 | physical health care for more than 3 months. As used in | ||||||
3 | this subsection (f-1) "long-term physical health care" | ||||||
4 | includes mental health care.
| ||||||
5 | (2) The victim's estimate of long-term physical health | ||||||
6 | care costs may be made as part of a victim impact statement | ||||||
7 | under Section 6 of the Rights of Crime Victims and | ||||||
8 | Witnesses Act or made separately. The court shall enter the | ||||||
9 | long-term physical health care restitution order at the | ||||||
10 | time of sentencing. An order of restitution made under this | ||||||
11 | subsection (f-1) shall fix a monthly amount to be paid by | ||||||
12 | the defendant for as long as long-term physical health care | ||||||
13 | of the victim is required as a result of the offense. The | ||||||
14 | order may exceed the length of any sentence imposed upon | ||||||
15 | the defendant for the criminal activity. The court shall | ||||||
16 | include as a special finding in the judgment of conviction | ||||||
17 | its determination of the monthly cost of long-term physical | ||||||
18 | health care.
| ||||||
19 | (3) After a sentencing order has been entered, the | ||||||
20 | court may from time to time, on the petition of either the | ||||||
21 | defendant or the victim, or upon its own motion, enter an | ||||||
22 | order for restitution for long-term physical care or modify | ||||||
23 | the existing order for restitution for long-term physical | ||||||
24 | care as to the amount of monthly payments. Any modification | ||||||
25 | of the order shall be based only upon a substantial change | ||||||
26 | of circumstances relating to the cost of long-term physical |
| |||||||
| |||||||
1 | health care or the financial condition of either the | ||||||
2 | defendant or the victim. The petition shall be filed as | ||||||
3 | part of the original criminal docket.
| ||||||
4 | (g) In addition to the sentences provided for in | ||||||
5 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
6 | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | ||||||
7 | 12-14.1, 12-15, and 12-16 , and subdivision (a)(4) of | ||||||
8 | Section 11-14.4, of the Criminal Code of 1961, the court | ||||||
9 | may
order any person who is convicted of violating any of | ||||||
10 | those Sections or who was charged with any of those | ||||||
11 | offenses and which charge was reduced to another charge as | ||||||
12 | a result of a plea agreement under subsection (d) of this | ||||||
13 | Section to meet
all or any portion of the financial | ||||||
14 | obligations of treatment, including but not
limited to | ||||||
15 | medical, psychiatric, or rehabilitative treatment or | ||||||
16 | psychological counseling,
prescribed for the victim or | ||||||
17 | victims of the offense.
| ||||||
18 | The payments shall be made by the defendant to the | ||||||
19 | clerk of the circuit
court
and transmitted by the clerk to | ||||||
20 | the appropriate person or agency as directed by
the court. | ||||||
21 | Except as otherwise provided in subsection (f-1), the
order | ||||||
22 | may require such payments to be made for a period not to
| ||||||
23 | exceed 5 years after sentencing, not including periods of | ||||||
24 | incarceration.
| ||||||
25 | (h) The judge may enter an order of withholding to | ||||||
26 | collect the amount
of restitution owed in accordance with |
| |||||||
| |||||||
1 | Part 8 of Article XII of the Code of
Civil Procedure.
| ||||||
2 | (i) A sentence of restitution may be modified or | ||||||
3 | revoked by the court
if the offender commits another | ||||||
4 | offense, or the offender fails to make
restitution as | ||||||
5 | ordered by the court, but no sentence to make restitution
| ||||||
6 | shall be revoked unless the court shall find that the | ||||||
7 | offender has had the
financial ability to make restitution, | ||||||
8 | and he has wilfully refused to do
so. When the offender's | ||||||
9 | ability to pay restitution was established at the time
an | ||||||
10 | order of restitution was entered or modified, or when the | ||||||
11 | offender's ability
to pay was based on the offender's | ||||||
12 | willingness to make restitution as part of a
plea agreement | ||||||
13 | made at the time the order of restitution was entered or
| ||||||
14 | modified, there is a rebuttable presumption that the facts | ||||||
15 | and circumstances
considered by the court at the hearing at | ||||||
16 | which the order of restitution was
entered or modified | ||||||
17 | regarding the offender's ability or willingness to pay
| ||||||
18 | restitution have not materially changed. If the court shall | ||||||
19 | find that the
defendant has failed to make
restitution and | ||||||
20 | that the failure is not wilful, the court may impose an
| ||||||
21 | additional period of time within which to make restitution. | ||||||
22 | The length of
the additional period shall not be more than | ||||||
23 | 2 years. The court shall
retain all of the incidents of the | ||||||
24 | original sentence, including the
authority to modify or | ||||||
25 | enlarge the conditions, and to revoke or further
modify the | ||||||
26 | sentence if the conditions of payment are violated during |
| |||||||
| |||||||
1 | the
additional period.
| ||||||
2 | (j) The procedure upon the filing of a Petition to | ||||||
3 | Revoke a sentence to
make restitution shall be the same as | ||||||
4 | the procedures set forth in Section
5-6-4 of this Code | ||||||
5 | governing violation, modification, or revocation of
| ||||||
6 | Probation, of Conditional Discharge, or of Supervision.
| ||||||
7 | (k) Nothing contained in this Section shall preclude | ||||||
8 | the right of any
party to proceed in a civil action to | ||||||
9 | recover for any damages incurred due
to the criminal | ||||||
10 | misconduct of the defendant.
| ||||||
11 | (l) Restitution ordered under this Section shall not be
| ||||||
12 | subject to disbursement by the circuit clerk under Section | ||||||
13 | 27.5 of the
Clerks of Courts Act.
| ||||||
14 | (m) A restitution order under this Section is a | ||||||
15 | judgment lien in favor
of
the victim that:
| ||||||
16 | (1) Attaches to the property of the person subject | ||||||
17 | to the order;
| ||||||
18 | (2) May be perfected in the same manner as provided | ||||||
19 | in Part 3 of Article
9 of the Uniform Commercial Code;
| ||||||
20 | (3) May be enforced to satisfy any payment that is | ||||||
21 | delinquent under the
restitution order by the person in | ||||||
22 | whose favor the order is issued or the
person's | ||||||
23 | assignee; and
| ||||||
24 | (4) Expires in the same manner as a judgment lien | ||||||
25 | created in a civil
proceeding.
| ||||||
26 | When a restitution order is issued under this Section, |
| |||||||
| |||||||
1 | the issuing court
shall send a certified copy of the order | ||||||
2 | to the clerk of the circuit court
in the county where the | ||||||
3 | charge was filed. Upon receiving the order, the
clerk shall | ||||||
4 | enter and index the order in the circuit court judgment | ||||||
5 | docket.
| ||||||
6 | (n) An order of restitution under this Section does not | ||||||
7 | bar
a civil action for:
| ||||||
8 | (1) Damages that the court did not require the | ||||||
9 | person to pay to the
victim under the restitution order | ||||||
10 | but arise from an injury or property
damages that is | ||||||
11 | the basis of restitution ordered by the court; and
| ||||||
12 | (2) Other damages suffered by the victim.
| ||||||
13 | The restitution order is not discharged by the
completion | ||||||
14 | of the sentence imposed for the offense.
| ||||||
15 | A restitution order under this Section is not discharged by | ||||||
16 | the
liquidation of a person's estate by a receiver. A | ||||||
17 | restitution order under
this Section may be enforced in the | ||||||
18 | same manner as judgment liens are
enforced under Article XII of | ||||||
19 | the Code of Civil Procedure.
| ||||||
20 | The provisions of Section 2-1303 of the Code of Civil | ||||||
21 | Procedure,
providing for interest on judgments, apply to | ||||||
22 | judgments for restitution entered
under this Section.
| ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07; 96-290, eff. 8-11-09.)
| ||||||
24 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
25 | Sec. 5-6-1. Sentences of Probation and of Conditional
|
| |||||||
| |||||||
1 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
2 | finds that in order to protect the public, the
criminal justice | ||||||
3 | system must compel compliance with the conditions of probation
| ||||||
4 | by responding to violations with swift, certain and fair | ||||||
5 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
6 | circuit shall adopt a system of
structured, intermediate | ||||||
7 | sanctions for violations of the terms and conditions
of a | ||||||
8 | sentence of probation, conditional discharge or disposition of
| ||||||
9 | supervision.
| ||||||
10 | (a) Except where specifically prohibited by other
| ||||||
11 | provisions of this Code, the court shall impose a sentence
of | ||||||
12 | probation or conditional discharge upon an offender
unless, | ||||||
13 | having regard to the nature and circumstance of
the offense, | ||||||
14 | and to the history, character and condition
of the offender, | ||||||
15 | the court is of the opinion that:
| ||||||
16 | (1) his imprisonment or periodic imprisonment is | ||||||
17 | necessary
for the protection of the public; or
| ||||||
18 | (2) probation or conditional discharge would deprecate
| ||||||
19 | the seriousness of the offender's conduct and would be
| ||||||
20 | inconsistent with the ends of justice; or
| ||||||
21 | (3) a combination of imprisonment with concurrent or | ||||||
22 | consecutive probation when an offender has been admitted | ||||||
23 | into a drug court program under Section 20 of the Drug | ||||||
24 | Court Treatment Act is necessary for the protection of the | ||||||
25 | public and for the rehabilitation of the offender.
| ||||||
26 | The court shall impose as a condition of a sentence of |
| |||||||
| |||||||
1 | probation,
conditional discharge, or supervision, that the | ||||||
2 | probation agency may invoke any
sanction from the list of | ||||||
3 | intermediate sanctions adopted by the chief judge of
the | ||||||
4 | circuit court for violations of the terms and conditions of the | ||||||
5 | sentence of
probation, conditional discharge, or supervision, | ||||||
6 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
7 | (b) The court may impose a sentence of conditional
| ||||||
8 | discharge for an offense if the court is of the opinion
that | ||||||
9 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
10 | nor of probation supervision is appropriate.
| ||||||
11 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
12 | to a defendant charged with a misdemeanor or felony under the | ||||||
13 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
14 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
15 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
16 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
17 | under Section 9-3 of the Criminal Code of 1961. | ||||||
18 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
19 | by the defendant of the facts supporting the charge or a
| ||||||
20 | finding of guilt, defer further proceedings and the
imposition | ||||||
21 | of a sentence, and enter an order for supervision of the | ||||||
22 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
23 | misdemeanor, as
defined by the following provisions of the | ||||||
24 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 11-1.50 or | ||||||
25 | 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of | ||||||
26 | Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of |
| |||||||
| |||||||
1 | subsection (a) of Section
24-1; (ii) a Class A misdemeanor | ||||||
2 | violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
| ||||||
3 | for Animals Act; or (iii)
a felony.
If the defendant
is not | ||||||
4 | barred from receiving an order for supervision as provided in | ||||||
5 | this
subsection, the court may enter an order for supervision | ||||||
6 | after considering the
circumstances of the offense, and the | ||||||
7 | history,
character and condition of the offender, if the court | ||||||
8 | is of the opinion
that:
| ||||||
9 | (1) the offender is not likely to commit further | ||||||
10 | crimes;
| ||||||
11 | (2) the defendant and the public would be best served | ||||||
12 | if the
defendant were not to receive a criminal record; and
| ||||||
13 | (3) in the best interests of justice an order of | ||||||
14 | supervision
is more appropriate than a sentence otherwise | ||||||
15 | permitted under this Code.
| ||||||
16 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
17 | apply to a defendant charged with a second or subsequent | ||||||
18 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
19 | committed while his or her driver's license, permit or | ||||||
20 | privileges were revoked because of a violation of Section 9-3 | ||||||
21 | of the Criminal Code of 1961, relating to the offense of | ||||||
22 | reckless homicide, or a similar provision of a law of another | ||||||
23 | state.
| ||||||
24 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
26 | Vehicle Code or a similar
provision of a local
ordinance when |
| |||||||
| |||||||
1 | the defendant has previously been:
| ||||||
2 | (1) convicted for a violation of Section 11-501 of
the | ||||||
3 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
4 | ordinance or any similar law or ordinance of another state; | ||||||
5 | or
| ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
8 | of a local ordinance or any similar law
or ordinance of | ||||||
9 | another state; or
| ||||||
10 | (3) pleaded guilty to or stipulated to the facts | ||||||
11 | supporting
a charge or a finding of guilty to a violation | ||||||
12 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
13 | provision of a local ordinance or any
similar law or | ||||||
14 | ordinance of another state, and the
plea or stipulation was | ||||||
15 | the result of a plea agreement.
| ||||||
16 | The court shall consider the statement of the prosecuting
| ||||||
17 | authority with regard to the standards set forth in this | ||||||
18 | Section.
| ||||||
19 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
20 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
21 | Code of 1961 if said
defendant has within the last 5 years | ||||||
22 | been:
| ||||||
23 | (1) convicted for a violation of Section 16A-3 of the | ||||||
24 | Criminal Code of
1961; or
| ||||||
25 | (2) assigned supervision for a violation of Section | ||||||
26 | 16A-3 of the Criminal
Code of 1961.
|
| |||||||
| |||||||
1 | The court shall consider the statement of the prosecuting | ||||||
2 | authority with
regard to the standards set forth in this | ||||||
3 | Section.
| ||||||
4 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
5 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
6 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
7 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance.
| ||||||
9 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
10 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
11 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
12 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
13 | of a local ordinance if the
defendant has within the last 5 | ||||||
14 | years been:
| ||||||
15 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
16 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
17 | provision of a local
ordinance; or
| ||||||
18 | (2) assigned supervision for a violation of Section | ||||||
19 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
20 | Code or a similar provision of a local
ordinance.
| ||||||
21 | The court shall consider the statement of the prosecuting | ||||||
22 | authority with
regard to the standards set forth in this | ||||||
23 | Section.
| ||||||
24 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant under
the age of 21 years charged with violating a | ||||||
26 | serious traffic offense as defined
in Section 1-187.001 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code:
| ||||||
2 | (1) unless the defendant, upon payment of the fines, | ||||||
3 | penalties, and costs
provided by law, agrees to attend and | ||||||
4 | successfully complete a traffic safety
program approved by | ||||||
5 | the court under standards set by the Conference of Chief
| ||||||
6 | Circuit Judges. The accused shall be responsible for | ||||||
7 | payment of any traffic
safety program fees. If the accused | ||||||
8 | fails to file a certificate of
successful completion on or | ||||||
9 | before the termination date of the supervision
order, the | ||||||
10 | supervision shall be summarily revoked and conviction | ||||||
11 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
12 | to pleas of guilty do not apply
in cases when a defendant | ||||||
13 | enters a guilty plea under this provision; or
| ||||||
14 | (2) if the defendant has previously been sentenced | ||||||
15 | under the provisions of
paragraph (c) on or after January | ||||||
16 | 1, 1998 for any serious traffic offense as
defined in | ||||||
17 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
18 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant under the age of 21 years charged with an offense | ||||||
20 | against traffic regulations governing the movement of vehicles | ||||||
21 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
22 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
23 | the fines, penalties, and costs provided by law, agrees to | ||||||
24 | attend and successfully complete a traffic safety program | ||||||
25 | approved by the court under standards set by the Conference of | ||||||
26 | Chief Circuit Judges. The accused shall be responsible for |
| |||||||
| |||||||
1 | payment of any traffic safety program fees. If the accused | ||||||
2 | fails to file a certificate of successful completion on or | ||||||
3 | before the termination date of the supervision order, the | ||||||
4 | supervision shall be summarily revoked and conviction entered. | ||||||
5 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
6 | guilty do not apply in cases when a defendant enters a guilty | ||||||
7 | plea under this provision.
| ||||||
8 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
9 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
10 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
11 | defendant has been assigned supervision
for a violation of | ||||||
12 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
13 | provision of a local ordinance.
| ||||||
14 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
15 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
16 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
17 | the revocation or suspension was for a violation of
Section | ||||||
18 | 11-501 or a similar provision of a local ordinance or a | ||||||
19 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
20 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
21 | the last 10 years been:
| ||||||
22 | (1) convicted for a violation of Section 6-303 of the | ||||||
23 | Illinois Vehicle
Code or a similar provision of a local | ||||||
24 | ordinance; or
| ||||||
25 | (2) assigned supervision for a violation of Section | ||||||
26 | 6-303 of the Illinois
Vehicle Code or a similar provision |
| |||||||
| |||||||
1 | of a local ordinance. | ||||||
2 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
3 | defendant charged with violating
any provision of the Illinois | ||||||
4 | Vehicle Code or a similar provision of a local ordinance that | ||||||
5 | governs the movement of vehicles if, within the 12 months | ||||||
6 | preceding the date of the defendant's arrest, the defendant has | ||||||
7 | been assigned court supervision on 2 occasions for a violation | ||||||
8 | that governs the movement of vehicles under the Illinois | ||||||
9 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
10 | provisions of this paragraph (k) do not apply to a defendant | ||||||
11 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
12 | Code or a similar provision of a local ordinance.
| ||||||
13 | (l) A defendant charged with violating any provision of the | ||||||
14 | Illinois Vehicle Code or a similar provision of a local | ||||||
15 | ordinance who receives a disposition of supervision under | ||||||
16 | subsection (c) shall pay an additional fee of $29, to be | ||||||
17 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
18 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
19 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
20 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
21 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
22 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
23 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
24 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
25 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
26 | fee shall be deposited into the Prisoner Review Board Vehicle |
| |||||||
| |||||||
1 | and Equipment Fund in the State treasury.
| ||||||
2 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
3 | on supervision for a serious traffic violation, as defined in | ||||||
4 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
5 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
6 | a similar provision of a local ordinance shall pay an | ||||||
7 | additional fee of $20, to be disbursed as provided in Section | ||||||
8 | 16-104d of that Code. | ||||||
9 | This subsection (m) becomes inoperative 7 years after | ||||||
10 | October 13, 2007 (the effective date of Public Act 95-154).
| ||||||
11 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
12 | person under the age of 18 who commits an offense against | ||||||
13 | traffic regulations governing the movement of vehicles or any | ||||||
14 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
15 | Vehicle Code, except upon personal appearance of the defendant | ||||||
16 | in court and upon the written consent of the defendant's parent | ||||||
17 | or legal guardian, executed before the presiding judge. The | ||||||
18 | presiding judge shall have the authority to waive this | ||||||
19 | requirement upon the showing of good cause by the defendant.
| ||||||
20 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
21 | defendant charged with violating Section 6-303 of the Illinois | ||||||
22 | Vehicle Code or a similar provision of a local ordinance when | ||||||
23 | the suspension was for a violation of Section 11-501.1 of the | ||||||
24 | Illinois Vehicle Code and when: | ||||||
25 | (1) at the time of the violation of Section 11-501.1 of | ||||||
26 | the Illinois Vehicle Code, the defendant was a first |
| |||||||
| |||||||
1 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
2 | Code and the defendant failed to obtain a monitoring device | ||||||
3 | driving permit; or | ||||||
4 | (2) at the time of the violation of Section 11-501.1 of | ||||||
5 | the Illinois Vehicle Code, the defendant was a first | ||||||
6 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
7 | Code, had subsequently obtained a monitoring device | ||||||
8 | driving permit, but was driving a vehicle not equipped with | ||||||
9 | a breath alcohol ignition interlock device as defined in | ||||||
10 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
11 | (Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08; | ||||||
12 | 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; | ||||||
13 | 95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09; | ||||||
14 | 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff. | ||||||
15 | 1-1-10; revised 10-1-09.) | ||||||
16 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
17 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
18 | Discharge.
| ||||||
19 | (a) The conditions of probation and of conditional | ||||||
20 | discharge shall be
that the person:
| ||||||
21 | (1) not violate any criminal statute of any | ||||||
22 | jurisdiction;
| ||||||
23 | (2) report to or appear in person before such person or | ||||||
24 | agency as
directed by the court;
| ||||||
25 | (3) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon where the offense is a felony or, if a | ||||||
2 | misdemeanor, the offense involved the intentional or | ||||||
3 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
4 | (4) not leave the State without the consent of the | ||||||
5 | court or, in
circumstances in which the reason for the | ||||||
6 | absence is of such an emergency
nature that prior consent | ||||||
7 | by the court is not possible, without the prior
| ||||||
8 | notification and approval of the person's probation
| ||||||
9 | officer. Transfer of a person's probation or conditional | ||||||
10 | discharge
supervision to another state is subject to | ||||||
11 | acceptance by the other state
pursuant to the Interstate | ||||||
12 | Compact for Adult Offender Supervision;
| ||||||
13 | (5) permit the probation officer to visit
him at his | ||||||
14 | home or elsewhere
to the extent necessary to discharge his | ||||||
15 | duties;
| ||||||
16 | (6) perform no less than 30 hours of community service | ||||||
17 | and not more than
120 hours of community service, if | ||||||
18 | community service is available in the
jurisdiction and is | ||||||
19 | funded and approved by the county board where the offense
| ||||||
20 | was committed, where the offense was related to or in | ||||||
21 | furtherance of the
criminal activities of an organized gang | ||||||
22 | and was motivated by the offender's
membership in or | ||||||
23 | allegiance to an organized gang. The community service | ||||||
24 | shall
include, but not be limited to, the cleanup and | ||||||
25 | repair of any damage caused by
a violation of Section | ||||||
26 | 21-1.3 of the Criminal Code of 1961 and similar damage
to |
| |||||||
| |||||||
1 | property located within the municipality or county in which | ||||||
2 | the violation
occurred. When possible and reasonable, the | ||||||
3 | community service should be
performed in the offender's | ||||||
4 | neighborhood. For purposes of this Section,
"organized | ||||||
5 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
6 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
7 | (7) if he or she is at least 17 years of age and has | ||||||
8 | been sentenced to
probation or conditional discharge for a | ||||||
9 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
10 | inhabitants and has not been previously convicted of a
| ||||||
11 | misdemeanor or felony, may be required by the sentencing | ||||||
12 | court to attend
educational courses designed to prepare the | ||||||
13 | defendant for a high school diploma
and to work toward a | ||||||
14 | high school diploma or to work toward passing the high
| ||||||
15 | school level Test of General Educational Development (GED) | ||||||
16 | or to work toward
completing a vocational training program | ||||||
17 | approved by the court. The person on
probation or | ||||||
18 | conditional discharge must attend a public institution of
| ||||||
19 | education to obtain the educational or vocational training | ||||||
20 | required by this
clause (7). The court shall revoke the | ||||||
21 | probation or conditional discharge of a
person who wilfully | ||||||
22 | fails to comply with this clause (7). The person on
| ||||||
23 | probation or conditional discharge shall be required to pay | ||||||
24 | for the cost of the
educational courses or GED test, if a | ||||||
25 | fee is charged for those courses or
test. The court shall | ||||||
26 | resentence the offender whose probation or conditional
|
| |||||||
| |||||||
1 | discharge has been revoked as provided in Section 5-6-4. | ||||||
2 | This clause (7) does
not apply to a person who has a high | ||||||
3 | school diploma or has successfully passed
the GED test. | ||||||
4 | This clause (7) does not apply to a person who is | ||||||
5 | determined by
the court to be developmentally disabled or | ||||||
6 | otherwise mentally incapable of
completing the educational | ||||||
7 | or vocational program;
| ||||||
8 | (8) if convicted of possession of a substance | ||||||
9 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act
after a previous conviction or | ||||||
12 | disposition of supervision for possession of a
substance | ||||||
13 | prohibited by the Cannabis Control Act or Illinois | ||||||
14 | Controlled
Substances Act or after a sentence of probation | ||||||
15 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
16 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
17 | the Methamphetamine Control and Community Protection Act | ||||||
18 | and upon a
finding by the court that the person is | ||||||
19 | addicted, undergo treatment at a
substance abuse program | ||||||
20 | approved by the court;
| ||||||
21 | (8.5) if convicted of a felony sex offense as defined | ||||||
22 | in the Sex
Offender
Management Board Act, the person shall | ||||||
23 | undergo and successfully complete sex
offender treatment | ||||||
24 | by a treatment provider approved by the Board and conducted
| ||||||
25 | in conformance with the standards developed under the Sex
| ||||||
26 | Offender Management Board Act;
|
| |||||||
| |||||||
1 | (8.6) if convicted of a sex offense as defined in the | ||||||
2 | Sex Offender Management Board Act, refrain from residing at | ||||||
3 | the same address or in the same condominium unit or | ||||||
4 | apartment unit or in the same condominium complex or | ||||||
5 | apartment complex with another person he or she knows or | ||||||
6 | reasonably should know is a convicted sex offender or has | ||||||
7 | been placed on supervision for a sex offense; the | ||||||
8 | provisions of this paragraph do not apply to a person | ||||||
9 | convicted of a sex offense who is placed in a Department of | ||||||
10 | Corrections licensed transitional housing facility for sex | ||||||
11 | offenders; | ||||||
12 | (8.7) if convicted for an offense committed on or after | ||||||
13 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
14 | would qualify the accused as a child sex offender as | ||||||
15 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
16 | 1961, refrain from communicating with or contacting, by | ||||||
17 | means of the Internet, a person who is not related to the | ||||||
18 | accused and whom the accused reasonably believes to be | ||||||
19 | under 18 years of age; for purposes of this paragraph | ||||||
20 | (8.7), "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16J-5 of the Criminal Code of 1961; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused; |
| |||||||
| |||||||
1 | (8.8) if convicted for an offense under Section 11-6, | ||||||
2 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
3 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
4 | of the Criminal Code of 1961, or any attempt to commit any | ||||||
5 | of these offenses, committed on or after June 1, 2009 (the | ||||||
6 | effective date of Public Act 95-983): | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the offender's probation officer, | ||||||
10 | except in connection with the offender's employment or | ||||||
11 | search for employment with the prior approval of the | ||||||
12 | offender's probation officer; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's probation | ||||||
16 | officer, a law enforcement officer, or assigned | ||||||
17 | computer or information technology specialist, | ||||||
18 | including the retrieval and copying of all data from | ||||||
19 | the computer or device and any internal or external | ||||||
20 | peripherals and removal of such information, | ||||||
21 | equipment, or device to conduct a more thorough | ||||||
22 | inspection; | ||||||
23 | (iii) submit to the installation on the offender's | ||||||
24 | computer or device with Internet capability, at the | ||||||
25 | offender's expense, of one or more hardware or software | ||||||
26 | systems to monitor the Internet use; and |
| |||||||
| |||||||
1 | (iv) submit to any other appropriate restrictions | ||||||
2 | concerning the offender's use of or access to a | ||||||
3 | computer or any other device with Internet capability | ||||||
4 | imposed by the offender's probation officer; | ||||||
5 | (8.9) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Registration Act committed on or after January | ||||||
7 | 1, 2010 ( the effective date of Public Act 96-262) this | ||||||
8 | amendatory Act of the 96th General Assembly , refrain from | ||||||
9 | accessing or using a social networking website as defined | ||||||
10 | in Section 16D-2 of the Criminal Code of 1961;
| ||||||
11 | (9) if convicted of a felony, physically surrender at a | ||||||
12 | time and place
designated by the court, his or her Firearm
| ||||||
13 | Owner's Identification Card and
any and all firearms in
his | ||||||
14 | or her possession;
| ||||||
15 | (10) if convicted of a sex offense as defined in | ||||||
16 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
17 | offender is a parent or guardian of the person under 18 | ||||||
18 | years of age present in the home and no non-familial minors | ||||||
19 | are present, not participate in a holiday event involving | ||||||
20 | children under 18 years of age, such as distributing candy | ||||||
21 | or other items to children on Halloween, wearing a Santa | ||||||
22 | Claus costume on or preceding Christmas, being employed as | ||||||
23 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
24 | costume on or preceding Easter; and | ||||||
25 | (11) if convicted of a sex offense as defined in | ||||||
26 | Section 2 of the Sex Offender Registration Act committed on |
| |||||||
| |||||||
1 | or after January 1, 2010 ( the effective date of Public Act | ||||||
2 | 96-362) this amendatory Act of the 96th General Assembly | ||||||
3 | that requires the person to register as a sex offender | ||||||
4 | under that Act, may not knowingly use any computer scrub | ||||||
5 | software on any computer that the sex offender uses. | ||||||
6 | (b) The Court may in addition to other reasonable | ||||||
7 | conditions relating to the
nature of the offense or the | ||||||
8 | rehabilitation of the defendant as determined for
each | ||||||
9 | defendant in the proper discretion of the Court require that | ||||||
10 | the person:
| ||||||
11 | (1) serve a term of periodic imprisonment under Article | ||||||
12 | 7 for a
period not to exceed that specified in paragraph | ||||||
13 | (d) of Section 5-7-1;
| ||||||
14 | (2) pay a fine and costs;
| ||||||
15 | (3) work or pursue a course of study or vocational | ||||||
16 | training;
| ||||||
17 | (4) undergo medical, psychological or psychiatric | ||||||
18 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
19 | (5) attend or reside in a facility established for the | ||||||
20 | instruction
or residence of defendants on probation;
| ||||||
21 | (6) support his dependents;
| ||||||
22 | (7) and in addition, if a minor:
| ||||||
23 | (i) reside with his parents or in a foster home;
| ||||||
24 | (ii) attend school;
| ||||||
25 | (iii) attend a non-residential program for youth;
| ||||||
26 | (iv) contribute to his own support at home or in a |
| |||||||
| |||||||
1 | foster home;
| ||||||
2 | (v) with the consent of the superintendent of the
| ||||||
3 | facility, attend an educational program at a facility | ||||||
4 | other than the school
in which the
offense was | ||||||
5 | committed if he
or she is convicted of a crime of | ||||||
6 | violence as
defined in
Section 2 of the Crime Victims | ||||||
7 | Compensation Act committed in a school, on the
real
| ||||||
8 | property
comprising a school, or within 1,000 feet of | ||||||
9 | the real property comprising a
school;
| ||||||
10 | (8) make restitution as provided in Section 5-5-6 of | ||||||
11 | this Code;
| ||||||
12 | (9) perform some reasonable public or community | ||||||
13 | service;
| ||||||
14 | (10) serve a term of home confinement. In addition to | ||||||
15 | any other
applicable condition of probation or conditional | ||||||
16 | discharge, the
conditions of home confinement shall be that | ||||||
17 | the offender:
| ||||||
18 | (i) remain within the interior premises of the | ||||||
19 | place designated for
his confinement during the hours | ||||||
20 | designated by the court;
| ||||||
21 | (ii) admit any person or agent designated by the | ||||||
22 | court into the
offender's place of confinement at any | ||||||
23 | time for purposes of verifying
the offender's | ||||||
24 | compliance with the conditions of his confinement; and
| ||||||
25 | (iii) if further deemed necessary by the court or | ||||||
26 | the
Probation or
Court Services Department, be placed |
| |||||||
| |||||||
1 | on an approved
electronic monitoring device, subject | ||||||
2 | to Article 8A of Chapter V;
| ||||||
3 | (iv) for persons convicted of any alcohol, | ||||||
4 | cannabis or controlled
substance violation who are | ||||||
5 | placed on an approved monitoring device as a
condition | ||||||
6 | of probation or conditional discharge, the court shall | ||||||
7 | impose a
reasonable fee for each day of the use of the | ||||||
8 | device, as established by the
county board in | ||||||
9 | subsection (g) of this Section, unless after | ||||||
10 | determining the
inability of the offender to pay the | ||||||
11 | fee, the court assesses a lesser fee or no
fee as the | ||||||
12 | case may be. This fee shall be imposed in addition to | ||||||
13 | the fees
imposed under subsections (g) and (i) of this | ||||||
14 | Section. The fee shall be
collected by the clerk of the | ||||||
15 | circuit court. The clerk of the circuit
court shall pay | ||||||
16 | all monies collected from this fee to the county | ||||||
17 | treasurer
for deposit in the substance abuse services | ||||||
18 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
19 | (v) for persons convicted of offenses other than | ||||||
20 | those referenced in
clause (iv) above and who are | ||||||
21 | placed on an approved monitoring device as a
condition | ||||||
22 | of probation or conditional discharge, the court shall | ||||||
23 | impose
a reasonable fee for each day of the use of the | ||||||
24 | device, as established by the
county board in | ||||||
25 | subsection (g) of this Section, unless after | ||||||
26 | determining the
inability of the defendant to pay the |
| |||||||
| |||||||
1 | fee, the court assesses a lesser fee or
no fee as the | ||||||
2 | case may be. This fee shall be imposed in addition to | ||||||
3 | the fees
imposed under subsections (g) and (i) of this | ||||||
4 | Section. The fee
shall be collected by the clerk of the | ||||||
5 | circuit court. The clerk of the circuit
court shall pay | ||||||
6 | all monies collected from this fee
to the county | ||||||
7 | treasurer who shall use the monies collected to defray | ||||||
8 | the
costs of corrections. The county treasurer shall | ||||||
9 | deposit the fee
collected in the county working cash | ||||||
10 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
11 | Counties Code, as the case may be.
| ||||||
12 | (11) comply with the terms and conditions of an order | ||||||
13 | of protection issued
by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
15 | or an order of protection issued by the court of
another | ||||||
16 | state, tribe, or United States territory. A copy of the | ||||||
17 | order of
protection shall be
transmitted to the probation | ||||||
18 | officer or agency
having responsibility for the case;
| ||||||
19 | (12) reimburse any "local anti-crime program" as | ||||||
20 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
21 | for any reasonable expenses incurred
by the program on the | ||||||
22 | offender's case, not to exceed the maximum amount of
the | ||||||
23 | fine authorized for the offense for which the defendant was | ||||||
24 | sentenced;
| ||||||
25 | (13) contribute a reasonable sum of money, not to | ||||||
26 | exceed the maximum
amount of the fine authorized for the
|
| |||||||
| |||||||
1 | offense for which the defendant was sentenced, (i) to a | ||||||
2 | "local anti-crime
program", as defined in Section 7 of the | ||||||
3 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
4 | the jurisdiction of the Department of Natural Resources, to | ||||||
5 | the fund established by the Department of Natural Resources | ||||||
6 | for the purchase of evidence for investigation purposes and | ||||||
7 | to conduct investigations as outlined in Section 805-105 of | ||||||
8 | the Department of Natural Resources (Conservation) Law;
| ||||||
9 | (14) refrain from entering into a designated | ||||||
10 | geographic area except upon
such terms as the court finds | ||||||
11 | appropriate. Such terms may include
consideration of the | ||||||
12 | purpose of the entry, the time of day, other persons
| ||||||
13 | accompanying the defendant, and advance approval by a
| ||||||
14 | probation officer, if
the defendant has been placed on | ||||||
15 | probation or advance approval by the
court, if the | ||||||
16 | defendant was placed on conditional discharge;
| ||||||
17 | (15) refrain from having any contact, directly or | ||||||
18 | indirectly, with
certain specified persons or particular | ||||||
19 | types of persons, including but not
limited to members of | ||||||
20 | street gangs and drug users or dealers;
| ||||||
21 | (16) refrain from having in his or her body the | ||||||
22 | presence of any illicit
drug prohibited by the Cannabis | ||||||
23 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act, | ||||||
25 | unless prescribed by a physician, and submit samples of
his | ||||||
26 | or her blood or urine or both for tests to determine the |
| |||||||
| |||||||
1 | presence of any
illicit drug;
| ||||||
2 | (17) if convicted for an offense committed on or after | ||||||
3 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
4 | would qualify the accused as a child sex offender as | ||||||
5 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
6 | 1961, refrain from communicating with or contacting, by | ||||||
7 | means of the Internet, a person who is related to the | ||||||
8 | accused and whom the accused reasonably believes to be | ||||||
9 | under 18 years of age; for purposes of this paragraph (17), | ||||||
10 | "Internet" has the meaning ascribed to it in Section 16J-5 | ||||||
11 | of the Criminal Code of 1961; and a person is related to | ||||||
12 | the accused if the person is: (i) the spouse, brother, or | ||||||
13 | sister of the accused; (ii) a descendant of the accused; | ||||||
14 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
15 | step-child or adopted child of the accused; | ||||||
16 | (18) if convicted for an offense committed on or after | ||||||
17 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
18 | would qualify as a sex offense as defined in the Sex | ||||||
19 | Offender Registration Act: | ||||||
20 | (i) not access or use a computer or any other | ||||||
21 | device with Internet capability without the prior | ||||||
22 | written approval of the offender's probation officer, | ||||||
23 | except in connection with the offender's employment or | ||||||
24 | search for employment with the prior approval of the | ||||||
25 | offender's probation officer; | ||||||
26 | (ii) submit to periodic unannounced examinations |
| |||||||
| |||||||
1 | of the offender's computer or any other device with | ||||||
2 | Internet capability by the offender's probation | ||||||
3 | officer, a law enforcement officer, or assigned | ||||||
4 | computer or information technology specialist, | ||||||
5 | including the retrieval and copying of all data from | ||||||
6 | the computer or device and any internal or external | ||||||
7 | peripherals and removal of such information, | ||||||
8 | equipment, or device to conduct a more thorough | ||||||
9 | inspection; | ||||||
10 | (iii) submit to the installation on the offender's | ||||||
11 | computer or device with Internet capability, at the | ||||||
12 | subject's expense, of one or more hardware or software | ||||||
13 | systems to monitor the Internet use; and | ||||||
14 | (iv) submit to any other appropriate restrictions | ||||||
15 | concerning the offender's use of or access to a | ||||||
16 | computer or any other device with Internet capability | ||||||
17 | imposed by the offender's probation officer; and | ||||||
18 | (19) refrain from possessing a firearm or other | ||||||
19 | dangerous weapon where the offense is a misdemeanor that | ||||||
20 | did not involve the intentional or knowing infliction of | ||||||
21 | bodily harm or threat of bodily harm. | ||||||
22 | (c) The court may as a condition of probation or of | ||||||
23 | conditional
discharge require that a person under 18 years of | ||||||
24 | age found guilty of any
alcohol, cannabis or controlled | ||||||
25 | substance violation, refrain from acquiring
a driver's license | ||||||
26 | during
the period of probation or conditional discharge. If |
| |||||||
| |||||||
1 | such person
is in possession of a permit or license, the court | ||||||
2 | may require that
the minor refrain from driving or operating | ||||||
3 | any motor vehicle during the
period of probation or conditional | ||||||
4 | discharge, except as may be necessary in
the course of the | ||||||
5 | minor's lawful employment.
| ||||||
6 | (d) An offender sentenced to probation or to conditional | ||||||
7 | discharge
shall be given a certificate setting forth the | ||||||
8 | conditions thereof.
| ||||||
9 | (e) Except where the offender has committed a fourth or | ||||||
10 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
11 | Illinois Vehicle Code,
the court shall not require as a | ||||||
12 | condition of the sentence of
probation or conditional discharge | ||||||
13 | that the offender be committed to a
period of imprisonment in | ||||||
14 | excess of 6 months.
This 6 month limit shall not include | ||||||
15 | periods of confinement given pursuant to
a sentence of county | ||||||
16 | impact incarceration under Section 5-8-1.2.
| ||||||
17 | Persons committed to imprisonment as a condition of | ||||||
18 | probation or
conditional discharge shall not be committed to | ||||||
19 | the Department of
Corrections.
| ||||||
20 | (f) The court may combine a sentence of periodic | ||||||
21 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
22 | incarceration program under
Article 8 with a sentence of | ||||||
23 | probation or conditional discharge.
| ||||||
24 | (g) An offender sentenced to probation or to conditional | ||||||
25 | discharge and
who during the term of either undergoes mandatory | ||||||
26 | drug or alcohol testing,
or both, or is assigned to be placed |
| |||||||
| |||||||
1 | on an approved electronic monitoring
device, shall be ordered | ||||||
2 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
3 | testing, or both, and all costs
incidental to such approved | ||||||
4 | electronic monitoring in accordance with the
defendant's | ||||||
5 | ability to pay those costs. The county board with
the | ||||||
6 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
7 | the county is located shall establish reasonable fees for
the | ||||||
8 | cost of maintenance, testing, and incidental expenses related | ||||||
9 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
10 | costs incidental to
approved electronic monitoring, involved | ||||||
11 | in a successful probation program
for the county. The | ||||||
12 | concurrence of the Chief Judge shall be in the form of
an | ||||||
13 | administrative order.
The fees shall be collected by the clerk | ||||||
14 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
15 | all moneys collected from these fees to the county
treasurer | ||||||
16 | who shall use the moneys collected to defray the costs of
drug | ||||||
17 | testing, alcohol testing, and electronic monitoring.
The | ||||||
18 | county treasurer shall deposit the fees collected in the
county | ||||||
19 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
20 | the
Counties Code, as the case may be.
| ||||||
21 | (h) Jurisdiction over an offender may be transferred from | ||||||
22 | the
sentencing court to the court of another circuit with the | ||||||
23 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
24 | jurisdiction are also
authorized in the same manner. The court | ||||||
25 | to which jurisdiction has been
transferred shall have the same | ||||||
26 | powers as the sentencing court.
|
| |||||||
| |||||||
1 | (i) The court shall impose upon an offender
sentenced to | ||||||
2 | probation after January 1, 1989 or to conditional discharge
| ||||||
3 | after January 1, 1992 or to community service under the | ||||||
4 | supervision of a
probation or court services department after | ||||||
5 | January 1, 2004, as a condition of such probation or | ||||||
6 | conditional
discharge or supervised community service, a fee of | ||||||
7 | $50
for each month of probation or
conditional
discharge | ||||||
8 | supervision or supervised community service ordered by the | ||||||
9 | court, unless after
determining the inability of the person | ||||||
10 | sentenced to probation or conditional
discharge or supervised | ||||||
11 | community service to pay the
fee, the court assesses a lesser | ||||||
12 | fee. The court may not impose the fee on a
minor who is made a | ||||||
13 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
14 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
15 | an offender who is actively supervised by the
probation and | ||||||
16 | court services
department. The fee shall be collected by the | ||||||
17 | clerk
of the circuit court. The clerk of the circuit court | ||||||
18 | shall pay all monies
collected from this fee to the county | ||||||
19 | treasurer for deposit in the
probation and court services fund | ||||||
20 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
21 | A circuit court may not impose a probation fee under this | ||||||
22 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
23 | circuit court has adopted, by administrative
order issued by | ||||||
24 | the chief judge, a standard probation fee guide
determining an | ||||||
25 | offender's ability to pay, under guidelines developed by
the | ||||||
26 | Administrative
Office of the Illinois Courts; and (2) the |
| |||||||
| |||||||
1 | circuit court has authorized, by
administrative order issued by | ||||||
2 | the chief judge, the creation of a Crime
Victim's Services | ||||||
3 | Fund, to be administered by the Chief Judge or his or
her | ||||||
4 | designee, for services to crime victims and their families. Of | ||||||
5 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
6 | collected per month may be used to provide services to crime | ||||||
7 | victims
and their families.
| ||||||
8 | This amendatory Act of the 93rd General Assembly deletes | ||||||
9 | the $10 increase in the fee under this subsection that was | ||||||
10 | imposed by Public Act 93-616. This deletion is intended to | ||||||
11 | control over any other Act of the 93rd General Assembly that | ||||||
12 | retains or incorporates that fee increase. | ||||||
13 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
14 | of this Section, in the case of an offender convicted of a | ||||||
15 | felony sex offense (as defined in the Sex Offender Management | ||||||
16 | Board Act) or an offense that the court or probation department | ||||||
17 | has determined to be sexually motivated (as defined in the Sex | ||||||
18 | Offender Management Board Act), the court or the probation | ||||||
19 | department shall assess additional fees to pay for all costs of | ||||||
20 | treatment, assessment, evaluation for risk and treatment, and | ||||||
21 | monitoring the offender, based on that offender's ability to | ||||||
22 | pay those costs either as they occur or under a payment plan. | ||||||
23 | (j) All fines and costs imposed under this Section for any | ||||||
24 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
25 | Code, or a similar
provision of a local ordinance, and any | ||||||
26 | violation of the Child Passenger
Protection Act, or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance, shall be
collected and | ||||||
2 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
3 | of the Clerks of Courts Act.
| ||||||
4 | (k) Any offender who is sentenced to probation or | ||||||
5 | conditional discharge for a felony sex offense as defined in | ||||||
6 | the Sex Offender Management Board Act or any offense that the | ||||||
7 | court or probation department has determined to be sexually | ||||||
8 | motivated as defined in the Sex Offender Management Board Act | ||||||
9 | shall be required to refrain from any contact, directly or | ||||||
10 | indirectly, with any persons specified by the court and shall | ||||||
11 | be available for all evaluations and treatment programs | ||||||
12 | required by the court or the probation department.
| ||||||
13 | (l) The court may order an offender who is sentenced to | ||||||
14 | probation or conditional
discharge for a violation of an order | ||||||
15 | of protection be placed under electronic surveillance as | ||||||
16 | provided in Section 5-8A-7 of this Code. | ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; | ||||||
18 | 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
19 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; | ||||||
20 | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. | ||||||
21 | 8-25-09; revised 9-25-09.)
| ||||||
22 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
23 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
24 | (a) When a defendant is placed on supervision, the court | ||||||
25 | shall enter
an order for supervision specifying the period of |
| |||||||
| |||||||
1 | such supervision, and
shall defer further proceedings in the | ||||||
2 | case until the conclusion of the
period.
| ||||||
3 | (b) The period of supervision shall be reasonable under all | ||||||
4 | of the
circumstances of the case, but may not be longer than 2 | ||||||
5 | years, unless the
defendant has failed to pay the assessment | ||||||
6 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
7 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
8 | of the Methamphetamine Control and Community Protection Act, in | ||||||
9 | which case the court may extend supervision beyond 2 years.
| ||||||
10 | Additionally, the court shall order the defendant to perform no | ||||||
11 | less than 30
hours of community service and not more than 120 | ||||||
12 | hours of community service, if
community service is available | ||||||
13 | in the
jurisdiction and is funded and approved by the county | ||||||
14 | board where the offense
was committed,
when the offense (1) was
| ||||||
15 | related to or in furtherance of the criminal activities of an | ||||||
16 | organized gang or
was motivated by the defendant's membership | ||||||
17 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
18 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
19 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
20 | of this Code.
The
community service shall include, but not be | ||||||
21 | limited to, the cleanup and repair
of any damage caused by | ||||||
22 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
23 | similar damages to property located within the municipality or | ||||||
24 | county
in which the violation occurred. Where possible and | ||||||
25 | reasonable, the community
service should be performed in the | ||||||
26 | offender's neighborhood.
|
| |||||||
| |||||||
1 | For the purposes of this
Section, "organized gang" has the | ||||||
2 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
3 | Terrorism Omnibus Prevention Act.
| ||||||
4 | (c) The court may in addition to other reasonable | ||||||
5 | conditions
relating to the nature of the offense or the | ||||||
6 | rehabilitation of the
defendant as determined for each | ||||||
7 | defendant in the proper discretion of
the court require that | ||||||
8 | the person:
| ||||||
9 | (1) make a report to and appear in person before or | ||||||
10 | participate with
the court or such courts, person, or | ||||||
11 | social service agency as directed
by the court in the order | ||||||
12 | of supervision;
| ||||||
13 | (2) pay a fine and costs;
| ||||||
14 | (3) work or pursue a course of study or vocational | ||||||
15 | training;
| ||||||
16 | (4) undergo medical, psychological or psychiatric | ||||||
17 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
18 | (5) attend or reside in a facility established for the | ||||||
19 | instruction
or residence of defendants on probation;
| ||||||
20 | (6) support his dependents;
| ||||||
21 | (7) refrain from possessing a firearm or other | ||||||
22 | dangerous weapon;
| ||||||
23 | (8) and in addition, if a minor:
| ||||||
24 | (i) reside with his parents or in a foster home;
| ||||||
25 | (ii) attend school;
| ||||||
26 | (iii) attend a non-residential program for youth;
|
| |||||||
| |||||||
1 | (iv) contribute to his own support at home or in a | ||||||
2 | foster home; or
| ||||||
3 | (v) with the consent of the superintendent of the
| ||||||
4 | facility, attend an educational program at a facility | ||||||
5 | other than the school
in which the
offense was | ||||||
6 | committed if he
or she is placed on supervision for a | ||||||
7 | crime of violence as
defined in
Section 2 of the Crime | ||||||
8 | Victims Compensation Act committed in a school, on the
| ||||||
9 | real
property
comprising a school, or within 1,000 feet | ||||||
10 | of the real property comprising a
school;
| ||||||
11 | (9) make restitution or reparation in an amount not to | ||||||
12 | exceed actual
loss or damage to property and pecuniary loss | ||||||
13 | or make restitution under Section
5-5-6 to a domestic | ||||||
14 | violence shelter. The court shall
determine the amount and | ||||||
15 | conditions of payment;
| ||||||
16 | (10) perform some reasonable public or community | ||||||
17 | service;
| ||||||
18 | (11) comply with the terms and conditions of an order | ||||||
19 | of protection
issued by the court pursuant to the Illinois | ||||||
20 | Domestic Violence Act of 1986 or
an order of protection | ||||||
21 | issued by the court of another state, tribe, or United
| ||||||
22 | States territory.
If the court has ordered the defendant to | ||||||
23 | make a report and appear in
person under paragraph (1) of | ||||||
24 | this subsection, a copy of the order of
protection shall be | ||||||
25 | transmitted to the person or agency so designated
by the | ||||||
26 | court;
|
| |||||||
| |||||||
1 | (12) reimburse any "local anti-crime program" as | ||||||
2 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
3 | for any reasonable expenses incurred by the
program on the | ||||||
4 | offender's case, not to exceed the maximum amount of the
| ||||||
5 | fine authorized for the offense for which the defendant was | ||||||
6 | sentenced;
| ||||||
7 | (13) contribute a reasonable sum of money, not to
| ||||||
8 | exceed the maximum amount of the fine authorized for the | ||||||
9 | offense for which
the defendant was sentenced, (i) to a | ||||||
10 | "local anti-crime program", as defined
in Section 7 of the | ||||||
11 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
12 | the jurisdiction of the Department of Natural Resources, to | ||||||
13 | the fund established by the Department of Natural Resources | ||||||
14 | for the purchase of evidence for investigation purposes and | ||||||
15 | to conduct investigations as outlined in Section 805-105 of | ||||||
16 | the Department of Natural Resources (Conservation) Law;
| ||||||
17 | (14) refrain from entering into a designated | ||||||
18 | geographic area except
upon such terms as the court finds | ||||||
19 | appropriate. Such terms may include
consideration of the | ||||||
20 | purpose of the entry, the time of day, other persons
| ||||||
21 | accompanying the defendant, and advance approval by a | ||||||
22 | probation officer;
| ||||||
23 | (15) refrain from having any contact, directly or | ||||||
24 | indirectly, with
certain specified persons or particular | ||||||
25 | types of person, including but not
limited to members of | ||||||
26 | street gangs and drug users or dealers;
|
| |||||||
| |||||||
1 | (16) refrain from having in his or her body the | ||||||
2 | presence of any illicit
drug prohibited by the Cannabis | ||||||
3 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
4 | Methamphetamine Control and Community Protection Act, | ||||||
5 | unless prescribed by a physician, and submit samples of
his | ||||||
6 | or her blood or urine or both for tests to determine the | ||||||
7 | presence of any
illicit drug;
| ||||||
8 | (17) refrain from operating any motor vehicle not | ||||||
9 | equipped with an
ignition interlock device as defined in | ||||||
10 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
11 | condition the court may allow a defendant who is not
| ||||||
12 | self-employed to operate a vehicle owned by the defendant's | ||||||
13 | employer that is
not equipped with an ignition interlock | ||||||
14 | device in the course and scope of the
defendant's | ||||||
15 | employment; and
| ||||||
16 | (18) if placed on supervision for a sex offense as | ||||||
17 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
18 | unless the offender is a parent or guardian of the person | ||||||
19 | under 18 years of age present in the home and no | ||||||
20 | non-familial minors are present, not participate in a | ||||||
21 | holiday event involving
children
under 18 years of age, | ||||||
22 | such as distributing candy or other items to children on
| ||||||
23 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
24 | Christmas, being employed as a
department store Santa | ||||||
25 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
26 | Easter. |
| |||||||
| |||||||
1 | (d) The court shall defer entering any judgment on the | ||||||
2 | charges
until the conclusion of the supervision.
| ||||||
3 | (e) At the conclusion of the period of supervision, if the | ||||||
4 | court
determines that the defendant has successfully complied | ||||||
5 | with all of the
conditions of supervision, the court shall | ||||||
6 | discharge the defendant and
enter a judgment dismissing the | ||||||
7 | charges.
| ||||||
8 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
9 | a
disposition of supervision shall be deemed without | ||||||
10 | adjudication of guilt
and shall not be termed a conviction for | ||||||
11 | purposes of disqualification or
disabilities imposed by law | ||||||
12 | upon conviction of a crime. Two years after the
discharge and | ||||||
13 | dismissal under this Section, unless the disposition of
| ||||||
14 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
15 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
16 | similar
provision of a local ordinance, or for a violation of | ||||||
17 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
18 | case it shall be 5
years after discharge and dismissal, a | ||||||
19 | person may have his record
of arrest sealed or expunged as may | ||||||
20 | be provided by law. However, any
defendant placed on | ||||||
21 | supervision before January 1, 1980, may move for
sealing or | ||||||
22 | expungement of his arrest record, as provided by law, at any
| ||||||
23 | time after discharge and dismissal under this Section.
A person | ||||||
24 | placed on supervision for a sexual offense committed against a | ||||||
25 | minor
as defined in clause (a)(1)(L) of Section 5.2 of the | ||||||
26 | Criminal Identification Act
or for a violation of Section |
| |||||||
| |||||||
1 | 11-501 of the Illinois Vehicle Code or a
similar provision of a | ||||||
2 | local ordinance
shall not have his or her record of arrest | ||||||
3 | sealed or expunged.
| ||||||
4 | (g) A defendant placed on supervision and who during the | ||||||
5 | period of
supervision undergoes mandatory drug or alcohol | ||||||
6 | testing, or both, or is
assigned to be placed on an approved | ||||||
7 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
8 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
9 | and costs incidental to such approved electronic
monitoring in | ||||||
10 | accordance with the defendant's ability to pay those costs.
The | ||||||
11 | county board with the concurrence of the Chief Judge of the | ||||||
12 | judicial
circuit in which the county is located shall establish | ||||||
13 | reasonable fees for
the cost of maintenance, testing, and | ||||||
14 | incidental expenses related to the
mandatory drug or alcohol | ||||||
15 | testing, or both, and all costs incidental to
approved | ||||||
16 | electronic monitoring, of all defendants placed on | ||||||
17 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
18 | form of an
administrative order.
The fees shall be collected by | ||||||
19 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
20 | shall pay all moneys collected from these fees to the county
| ||||||
21 | treasurer who shall use the moneys collected to defray the | ||||||
22 | costs of
drug testing, alcohol testing, and electronic | ||||||
23 | monitoring.
The county treasurer shall deposit the fees | ||||||
24 | collected in the
county working cash fund under Section 6-27001 | ||||||
25 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
26 | (h) A disposition of supervision is a final order for the |
| |||||||
| |||||||
1 | purposes
of appeal.
| ||||||
2 | (i) The court shall impose upon a defendant placed on | ||||||
3 | supervision
after January 1, 1992 or to community service under | ||||||
4 | the supervision of a
probation or court services department | ||||||
5 | after January 1, 2004, as a condition
of supervision or | ||||||
6 | supervised community service, a fee of $50 for
each month of | ||||||
7 | supervision or supervised community service ordered by the
| ||||||
8 | court, unless after
determining the inability of the person | ||||||
9 | placed on supervision or supervised
community service to pay | ||||||
10 | the
fee, the court assesses a lesser fee. The court may not | ||||||
11 | impose the fee on a
minor who is made a ward of the State under | ||||||
12 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
13 | The fee shall be imposed only upon a
defendant who is actively | ||||||
14 | supervised by the
probation and court services
department. The | ||||||
15 | fee shall be collected by the clerk of the circuit court.
The | ||||||
16 | clerk of the circuit court shall pay all monies collected from | ||||||
17 | this fee
to the county treasurer for deposit in the probation | ||||||
18 | and court services
fund pursuant to Section 15.1 of the | ||||||
19 | Probation and
Probation Officers Act.
| ||||||
20 | A circuit court may not impose a probation fee in excess of | ||||||
21 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
22 | administrative
order issued by the chief judge, a standard | ||||||
23 | probation fee guide
determining an offender's ability to pay, | ||||||
24 | under guidelines developed by
the Administrative
Office of the | ||||||
25 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
26 | administrative order issued by the chief judge, the creation of |
| |||||||
| |||||||
1 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
2 | Judge or his or
her designee, for services to crime victims and | ||||||
3 | their families. Of the
amount collected as a probation fee, not | ||||||
4 | to exceed $5 of that fee
collected per month may be used to | ||||||
5 | provide services to crime victims
and their families.
| ||||||
6 | (j) All fines and costs imposed under this Section for any
| ||||||
7 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
8 | Code, or a
similar provision of a local ordinance, and any | ||||||
9 | violation of the Child
Passenger Protection Act, or a similar | ||||||
10 | provision of a local ordinance, shall
be collected and | ||||||
11 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (k) A defendant at least 17 years of age who is placed on | ||||||
14 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
15 | inhabitants
and who has not been previously convicted of a | ||||||
16 | misdemeanor or felony
may as a condition of his or her | ||||||
17 | supervision be required by the court to
attend educational | ||||||
18 | courses designed to prepare the defendant for a high school
| ||||||
19 | diploma and to work toward a high school diploma or to work | ||||||
20 | toward passing the
high school level Test of General | ||||||
21 | Educational Development (GED) or to work
toward completing a | ||||||
22 | vocational training program approved by the court. The
| ||||||
23 | defendant placed on supervision must attend a public | ||||||
24 | institution of education
to obtain the educational or | ||||||
25 | vocational training required by this subsection
(k). The | ||||||
26 | defendant placed on supervision shall be required to pay for |
| |||||||
| |||||||
1 | the cost
of the educational courses or GED test, if a fee is | ||||||
2 | charged for those courses
or test. The court shall revoke the | ||||||
3 | supervision of a person who wilfully fails
to comply with this | ||||||
4 | subsection (k). The court shall resentence the defendant
upon | ||||||
5 | revocation of supervision as provided in Section 5-6-4. This | ||||||
6 | subsection
(k) does not apply to a defendant who has a high | ||||||
7 | school diploma or has
successfully passed the GED test. This | ||||||
8 | subsection (k) does not apply to a
defendant who is determined | ||||||
9 | by the court to be developmentally disabled or
otherwise | ||||||
10 | mentally incapable of completing the
educational or vocational | ||||||
11 | program.
| ||||||
12 | (l) The court shall require a defendant placed on | ||||||
13 | supervision for
possession of a substance
prohibited by the | ||||||
14 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
15 | or the Methamphetamine Control and Community Protection Act
| ||||||
16 | after a previous conviction or disposition of supervision for | ||||||
17 | possession of a
substance prohibited by the Cannabis Control | ||||||
18 | Act, the Illinois Controlled
Substances Act, or the | ||||||
19 | Methamphetamine Control and Community Protection Act or a | ||||||
20 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
21 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
22 | and after a finding by the court that the person is addicted, | ||||||
23 | to undergo
treatment at a substance abuse program approved by | ||||||
24 | the court.
| ||||||
25 | (m) The Secretary of State shall require anyone placed on | ||||||
26 | court supervision
for a
violation of Section 3-707 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code or a similar provision
of a local | ||||||
2 | ordinance
to give proof of his or her financial
responsibility | ||||||
3 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
4 | proof shall be
maintained by the individual in a manner | ||||||
5 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
6 | 3 years after the date the proof is first filed.
The proof | ||||||
7 | shall be limited to a single action per arrest and may not be
| ||||||
8 | affected by any post-sentence disposition. The Secretary of | ||||||
9 | State shall
suspend the driver's license of any person
| ||||||
10 | determined by the Secretary to be in violation of this | ||||||
11 | subsection. | ||||||
12 | (n) Any offender placed on supervision for any offense that | ||||||
13 | the court or probation department has determined to be sexually | ||||||
14 | motivated as defined in the Sex Offender Management Board Act | ||||||
15 | shall be required to refrain from any contact, directly or | ||||||
16 | indirectly, with any persons specified by the court and shall | ||||||
17 | be available for all evaluations and treatment programs | ||||||
18 | required by the court or the probation department.
| ||||||
19 | (o) An offender placed on supervision for a sex offense as | ||||||
20 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
21 | from residing at the same address or in the same condominium | ||||||
22 | unit or apartment unit or in the same condominium complex or | ||||||
23 | apartment complex with another person he or she knows or | ||||||
24 | reasonably should know is a convicted sex offender or has been | ||||||
25 | placed on supervision for a sex offense. The provisions of this | ||||||
26 | subsection (o) do not apply to a person convicted of a sex |
| |||||||
| |||||||
1 | offense who is placed in a Department of Corrections licensed | ||||||
2 | transitional housing facility for sex offenders. | ||||||
3 | (p) An offender placed on supervision for an offense | ||||||
4 | committed on or after June 1, 2008
(the effective date of | ||||||
5 | Public Act 95-464)
that would qualify the accused as a child | ||||||
6 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
7 | Criminal Code of 1961 shall refrain from communicating with or | ||||||
8 | contacting, by means of the Internet, a person who is not | ||||||
9 | related to the accused and whom the accused reasonably believes | ||||||
10 | to be under 18 years of age. For purposes of this subsection | ||||||
11 | (p), "Internet" has the meaning ascribed to it in Section 16J-5 | ||||||
12 | of the Criminal Code of 1961; and a person is not related to | ||||||
13 | the accused if the person is not: (i) the spouse, brother, or | ||||||
14 | sister of the accused; (ii) a descendant of the accused; (iii) | ||||||
15 | a first or second cousin of the accused; or (iv) a step-child | ||||||
16 | or adopted child of the accused.
| ||||||
17 | (q) An offender placed on supervision for an offense | ||||||
18 | committed on or after June 1, 2008
(the effective date of | ||||||
19 | Public Act 95-464)
that would qualify the accused as a child | ||||||
20 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
21 | Criminal Code of 1961 shall, if so ordered by the court, | ||||||
22 | refrain from communicating with or contacting, by means of the | ||||||
23 | Internet, a person who is related to the accused and whom the | ||||||
24 | accused reasonably believes to be under 18 years of age. For | ||||||
25 | purposes of this subsection (q), "Internet" has the meaning | ||||||
26 | ascribed to it in Section 16J-5 of the Criminal Code of 1961; |
| |||||||
| |||||||
1 | and a person is related to the accused if the person is: (i) | ||||||
2 | the spouse, brother, or sister of the accused; (ii) a | ||||||
3 | descendant of the accused; (iii) a first or second cousin of | ||||||
4 | the accused; or (iv) a step-child or adopted child of the | ||||||
5 | accused.
| ||||||
6 | (r) An offender placed on supervision for an offense under | ||||||
7 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
8 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
9 | 11-21 of the Criminal Code of 1961, or any attempt to commit | ||||||
10 | any of these offenses, committed on or after the effective date | ||||||
11 | of this amendatory Act of the 95th General Assembly shall: | ||||||
12 | (i) not access or use a computer or any other device | ||||||
13 | with Internet capability without the prior written | ||||||
14 | approval of the court, except in connection with the | ||||||
15 | offender's employment or search for employment with the | ||||||
16 | prior approval of the court; | ||||||
17 | (ii) submit to periodic unannounced examinations of | ||||||
18 | the offender's computer or any other device with Internet | ||||||
19 | capability by the offender's probation officer, a law | ||||||
20 | enforcement officer, or assigned computer or information | ||||||
21 | technology specialist, including the retrieval and copying | ||||||
22 | of all data from the computer or device and any internal or | ||||||
23 | external peripherals and removal of such information, | ||||||
24 | equipment, or device to conduct a more thorough inspection; | ||||||
25 | (iii) submit to the installation on the offender's | ||||||
26 | computer or device with Internet capability, at the |
| |||||||
| |||||||
1 | offender's expense, of one or more hardware or software | ||||||
2 | systems to monitor the Internet use; and | ||||||
3 | (iv) submit to any other appropriate restrictions | ||||||
4 | concerning the offender's use of or access to a computer or | ||||||
5 | any other device with Internet capability imposed by the | ||||||
6 | court. | ||||||
7 | (s) An offender placed on supervision for an offense that | ||||||
8 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
9 | Registration Act that is committed on or after January 1, 2010 | ||||||
10 | ( the effective date of Public Act 96-362) this amendatory Act | ||||||
11 | of the 96th General Assembly that requires the person to | ||||||
12 | register as a sex offender under that Act, may not knowingly | ||||||
13 | use any computer scrub software on any computer that the sex | ||||||
14 | offender uses. | ||||||
15 | (t) (s) An offender placed on supervision for a sex offense | ||||||
16 | as defined in the Sex Offender
Registration Act committed on or | ||||||
17 | after January 1, 2010 ( the effective date of Public Act 96-262) | ||||||
18 | this amendatory Act of the 96th General Assembly shall refrain | ||||||
19 | from accessing or using a social networking website as defined | ||||||
20 | in Section 16D-2 of the Criminal Code of 1961. | ||||||
21 | (Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
22 | 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08; | ||||||
23 | 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; | ||||||
24 | 96-409, eff. 1-1-10; revised 9-25-09.)
| ||||||
25 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
|
| |||||||
| |||||||
1 | Sec. 5-8-1. Natural life imprisonment; mandatory | ||||||
2 | supervised release.
| ||||||
3 | (a) Except as otherwise provided in the statute defining | ||||||
4 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
5 | imprisonment for a felony shall be a determinate sentence set | ||||||
6 | by
the court under this Section, according to the following | ||||||
7 | limitations:
| ||||||
8 | (1) for first degree murder,
| ||||||
9 | (a) (blank),
| ||||||
10 | (b) if a trier of fact finds beyond a reasonable
| ||||||
11 | doubt that the murder was accompanied by exceptionally
| ||||||
12 | brutal or heinous behavior indicative of wanton | ||||||
13 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
14 | of this Section, that any of the aggravating factors
| ||||||
15 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
16 | Code of 1961 are
present, the court may sentence the | ||||||
17 | defendant to a term of natural life
imprisonment, or
| ||||||
18 | (c) the court shall sentence the defendant to a | ||||||
19 | term of natural life
imprisonment when the death | ||||||
20 | penalty is not imposed if the defendant,
| ||||||
21 | (i) has previously been convicted of first | ||||||
22 | degree murder under
any state or federal law, or
| ||||||
23 | (ii) is a person who, at the time of the | ||||||
24 | commission of the murder,
had attained the age of | ||||||
25 | 17 or more and is found guilty of murdering an
| ||||||
26 | individual under 12 years of age; or, irrespective |
| |||||||
| |||||||
1 | of the defendant's age at
the time of the | ||||||
2 | commission of the offense, is found guilty of | ||||||
3 | murdering more
than one victim, or
| ||||||
4 | (iii) is found guilty of murdering a peace | ||||||
5 | officer, fireman, or emergency management worker | ||||||
6 | when
the peace officer, fireman, or emergency | ||||||
7 | management worker was killed in the course of | ||||||
8 | performing his
official duties, or to prevent the | ||||||
9 | peace officer or fireman from
performing his | ||||||
10 | official duties, or in retaliation for the peace | ||||||
11 | officer,
fireman, or emergency management worker | ||||||
12 | from performing his official duties, and the | ||||||
13 | defendant knew or should
have known that the | ||||||
14 | murdered individual was a peace officer, fireman, | ||||||
15 | or emergency management worker, or
| ||||||
16 | (iv) is found guilty of murdering an employee | ||||||
17 | of an institution or
facility of the Department of | ||||||
18 | Corrections, or any similar local
correctional | ||||||
19 | agency, when the employee was killed in the course | ||||||
20 | of
performing his official duties, or to prevent | ||||||
21 | the employee from performing
his official duties, | ||||||
22 | or in retaliation for the employee performing his
| ||||||
23 | official duties, or
| ||||||
24 | (v) is found guilty of murdering an emergency | ||||||
25 | medical
technician - ambulance, emergency medical | ||||||
26 | technician - intermediate, emergency
medical |
| |||||||
| |||||||
1 | technician - paramedic, ambulance driver or other | ||||||
2 | medical assistance or
first aid person while | ||||||
3 | employed by a municipality or other governmental | ||||||
4 | unit
when the person was killed in the course of | ||||||
5 | performing official duties or
to prevent the | ||||||
6 | person from performing official duties or in | ||||||
7 | retaliation
for performing official duties and the | ||||||
8 | defendant knew or should have known
that the | ||||||
9 | murdered individual was an emergency medical | ||||||
10 | technician - ambulance,
emergency medical | ||||||
11 | technician - intermediate, emergency medical
| ||||||
12 | technician - paramedic, ambulance driver, or other | ||||||
13 | medical
assistant or first aid personnel, or
| ||||||
14 | (vi) is a person who, at the time of the | ||||||
15 | commission of the murder,
had not attained the age | ||||||
16 | of 17, and is found guilty of murdering a person | ||||||
17 | under
12 years of age and the murder is committed | ||||||
18 | during the course of aggravated
criminal sexual | ||||||
19 | assault, criminal sexual assault, or aggravated | ||||||
20 | kidnaping,
or
| ||||||
21 | (vii) is found guilty of first degree murder | ||||||
22 | and the murder was
committed by reason of any | ||||||
23 | person's activity as a community policing | ||||||
24 | volunteer
or to prevent any person from engaging in | ||||||
25 | activity as a community policing
volunteer. For | ||||||
26 | the purpose of this Section, "community policing |
| |||||||
| |||||||
1 | volunteer"
has the meaning ascribed to it in | ||||||
2 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
3 | For purposes of clause (v), "emergency medical | ||||||
4 | technician - ambulance",
"emergency medical technician - | ||||||
5 | intermediate", "emergency medical technician -
| ||||||
6 | paramedic", have the meanings ascribed to them in the | ||||||
7 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
8 | (d) (i) if the person committed the offense while | ||||||
9 | armed with a
firearm, 15 years shall be added to | ||||||
10 | the term of imprisonment imposed by the
court;
| ||||||
11 | (ii) if, during the commission of the offense, | ||||||
12 | the person
personally discharged a firearm, 20 | ||||||
13 | years shall be added to the term of
imprisonment | ||||||
14 | imposed by the court;
| ||||||
15 | (iii) if, during the commission of the | ||||||
16 | offense, the person
personally discharged a | ||||||
17 | firearm that proximately caused great bodily harm,
| ||||||
18 | permanent disability, permanent disfigurement, or | ||||||
19 | death to another person, 25
years or up to a term | ||||||
20 | of natural life shall be added to the term of
| ||||||
21 | imprisonment imposed by the court.
| ||||||
22 | (2) (blank);
| ||||||
23 | (2.5) for a person convicted under the circumstances | ||||||
24 | described in
subdivision (b)(1)(B) of Section 11-1.20 or | ||||||
25 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
26 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of |
| |||||||
| |||||||
1 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
2 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||||||
3 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
4 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
5 | Criminal Code of 1961, the sentence shall be a term of | ||||||
6 | natural life
imprisonment.
| ||||||
7 | (b) (Blank . ) .
| ||||||
8 | (c) (Blank . ) .
| ||||||
9 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
10 | parole or mandatory
supervised release term shall be as | ||||||
11 | follows:
| ||||||
12 | (1) for first degree murder or a Class X felony except | ||||||
13 | for the offenses of predatory criminal sexual assault of a | ||||||
14 | child, aggravated criminal sexual assault, and criminal | ||||||
15 | sexual assault if committed on or after the effective date | ||||||
16 | of this amendatory Act of the 94th General Assembly and | ||||||
17 | except for the offense of aggravated child pornography | ||||||
18 | under Section 11-20.1B or 11-20.3 of the Criminal Code of | ||||||
19 | 1961, if committed on or after January 1, 2009, 3 years;
| ||||||
20 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
21 | the offense of criminal sexual assault if committed on or | ||||||
22 | after the effective date of this amendatory Act of the 94th | ||||||
23 | General Assembly and except for the offenses of manufacture | ||||||
24 | and dissemination of child pornography under clauses | ||||||
25 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
26 | of 1961, if committed on or after January 1, 2009, 2 years;
|
| |||||||
| |||||||
1 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
2 | (4) for defendants who commit the offense of predatory | ||||||
3 | criminal sexual assault of a child, aggravated criminal | ||||||
4 | sexual assault, or criminal sexual assault, on or after the | ||||||
5 | effective date of this amendatory Act of the 94th General | ||||||
6 | Assembly, or who commit the offense of aggravated child | ||||||
7 | pornography, manufacture of child pornography, or | ||||||
8 | dissemination of child pornography after January 1, 2009, | ||||||
9 | the term of mandatory supervised release shall range from a | ||||||
10 | minimum of 3 years to a maximum of the natural life of the | ||||||
11 | defendant;
| ||||||
12 | (5) if the victim is under 18 years of age, for a | ||||||
13 | second or subsequent
offense of aggravated criminal sexual | ||||||
14 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
15 | the first 2 years of which the defendant shall serve in an
| ||||||
16 | electronic home detention program under Article 8A of | ||||||
17 | Chapter V of this Code;
| ||||||
18 | (6) for a felony domestic battery, aggravated domestic | ||||||
19 | battery, stalking, aggravated stalking, and a felony | ||||||
20 | violation of an order of protection, 4 years. | ||||||
21 | (e) (Blank . ) .
| ||||||
22 | (f) (Blank . ) .
| ||||||
23 | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | ||||||
24 | 96-282, eff. 1-1-10; revised 9-4-09.)
| ||||||
25 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
| |||||||
| |||||||
1 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
2 | imprisonment .
| ||||||
3 | (a) Concurrent terms; multiple or additional sentences. | ||||||
4 | When an Illinois court (i) imposes multiple sentences of | ||||||
5 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
6 | sentence of imprisonment on a defendant who is already subject | ||||||
7 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
8 | court of another state, or a federal court, then the sentences | ||||||
9 | shall run concurrently unless otherwise determined by the | ||||||
10 | Illinois court under this Section. | ||||||
11 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
12 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
13 | felony and sentenced to imprisonment shall be transferred to | ||||||
14 | the Department of Corrections, and the misdemeanor sentence | ||||||
15 | shall be merged in and run concurrently with the felony | ||||||
16 | sentence. | ||||||
17 | (c) Consecutive terms; permissive. The court may impose | ||||||
18 | consecutive sentences in any of the following circumstances: | ||||||
19 | (1) If, having regard to the nature and circumstances | ||||||
20 | of the offense and the history
and character of the | ||||||
21 | defendant, it is the opinion of the court that consecutive | ||||||
22 | sentences are
required to protect the public from further | ||||||
23 | criminal conduct by the defendant, the basis for which the | ||||||
24 | court shall set forth in the record. | ||||||
25 | (2) If one of the offenses for which a defendant was | ||||||
26 | convicted was a violation of
Section 32-5.2 (aggravated |
| |||||||
| |||||||
1 | false personation of a peace officer) of the Criminal Code | ||||||
2 | of 1961
(720 ILCS 5/32-5.2) and the offense was committed | ||||||
3 | in attempting or committing a forcible felony.
| ||||||
4 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
5 | consecutive sentences in each of the following circumstances: | ||||||
6 | (1) One of the offenses for which the defendant was | ||||||
7 | convicted was first degree
murder or a Class X or Class 1 | ||||||
8 | felony and the defendant inflicted severe bodily injury. | ||||||
9 | (2) The defendant was convicted of a violation of | ||||||
10 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
11 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
12 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
13 | child) of the Criminal Code of 1961 (720 ILCS 5/11-1.20, | ||||||
14 | 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1). | ||||||
15 | (3) The defendant was convicted of armed violence based | ||||||
16 | upon the predicate
offense of any of the following: | ||||||
17 | solicitation of murder, solicitation of murder for hire, | ||||||
18 | heinous battery, aggravated battery of a senior citizen, | ||||||
19 | criminal sexual assault, a violation of subsection (g) of | ||||||
20 | Section 5 of the Cannabis Control Act (720 ILCS 550/5), | ||||||
21 | cannabis trafficking, a violation of subsection (a) of | ||||||
22 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
23 | ILCS 570/401), controlled substance trafficking involving | ||||||
24 | a Class X felony amount of controlled substance under | ||||||
25 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
26 | ILCS 570/401), a violation of the Methamphetamine Control |
| |||||||
| |||||||
1 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
2 | criminal drug conspiracy, or streetgang criminal drug | ||||||
3 | conspiracy. | ||||||
4 | (4) The defendant was convicted of the offense of | ||||||
5 | leaving the scene of a motor
vehicle accident involving | ||||||
6 | death or personal injuries under Section 11-401 of the | ||||||
7 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
8 | aggravated driving under the influence of alcohol, other | ||||||
9 | drug or drugs, or intoxicating compound or compounds, or | ||||||
10 | any combination thereof under Section 11-501 of the | ||||||
11 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
12 | homicide under Section 9-3 of the Criminal Code of 1961 | ||||||
13 | (720 ILCS 5/9-3), or (C) both an offense described in item | ||||||
14 | (A) and an offense described in item (B). | ||||||
15 | (5) The defendant was convicted of a violation of | ||||||
16 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
17 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
18 | 1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or | ||||||
19 | (5.5) The (vi) the defendant was convicted of a | ||||||
20 | violation of Section 24-3.7 (use of a stolen firearm in the | ||||||
21 | commission of an offense) of the Criminal Code of 1961 . , | ||||||
22 | (6) If the defendant was in the custody of the | ||||||
23 | Department of Corrections at the
time of the commission of | ||||||
24 | the offense, the sentence shall be served consecutive to | ||||||
25 | the sentence under which the defendant is held by the | ||||||
26 | Department of Corrections. If, however, the defendant is |
| |||||||
| |||||||
1 | sentenced to punishment by death, the sentence shall be | ||||||
2 | executed at such time as the court may fix without regard | ||||||
3 | to the sentence under which the defendant may be held by | ||||||
4 | the Department. | ||||||
5 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
6 | for escape or attempted escape shall be served
consecutive | ||||||
7 | to the terms under which the offender is held by the | ||||||
8 | Department of Corrections. | ||||||
9 | (8) If a person charged with a felony commits a | ||||||
10 | separate felony while on pretrial
release or in pretrial | ||||||
11 | detention in a county jail facility or county detention | ||||||
12 | facility, then the sentences imposed upon conviction of | ||||||
13 | these felonies shall be served consecutively regardless of | ||||||
14 | the order in which the judgments of conviction are entered. | ||||||
15 | (8.5) If a person commits a battery against a county | ||||||
16 | correctional officer or sheriff's employee while serving a | ||||||
17 | sentence or in pretrial detention in a county jail | ||||||
18 | facility, then the sentence imposed upon conviction of the | ||||||
19 | battery shall be served consecutively with the sentence | ||||||
20 | imposed upon conviction of the earlier misdemeanor or | ||||||
21 | felony, regardless of the order in which the
judgments of | ||||||
22 | conviction are entered. | ||||||
23 | (9) If a person admitted to bail following conviction | ||||||
24 | of a felony commits a
separate felony while free on bond or | ||||||
25 | if a person detained in a county jail facility or county | ||||||
26 | detention facility following conviction of a felony |
| |||||||
| |||||||
1 | commits a separate felony while in detention, then any | ||||||
2 | sentence following conviction of the separate felony shall | ||||||
3 | be consecutive to that of the original sentence for which | ||||||
4 | the defendant was on bond or detained.
| ||||||
5 | (10) If a person is found to be in possession of an | ||||||
6 | item of contraband, as defined in clause (c)(2) of Section | ||||||
7 | 31A-1.1 of the Criminal Code of 1961, while serving a | ||||||
8 | sentence in a county jail or while in pre-trial detention | ||||||
9 | in a county jail, the sentence imposed upon conviction for | ||||||
10 | the offense of possessing contraband in a penal institution | ||||||
11 | shall be served consecutively to the sentence imposed for | ||||||
12 | the offense in which the person is serving sentence in the | ||||||
13 | county jail or serving pretrial detention, regardless of | ||||||
14 | the order in which the judgments of conviction are entered. | ||||||
15 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
16 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
17 | defendant and the defendant is subsequently sentenced to a term | ||||||
18 | of imprisonment by a court of another state or a federal court, | ||||||
19 | then the Illinois sentence shall run consecutively to the | ||||||
20 | sentence imposed by the court of the other state or the federal | ||||||
21 | court. That same Illinois court, however, may order that the | ||||||
22 | Illinois sentence run concurrently with the sentence imposed by | ||||||
23 | the court of the other state or the federal court, but only if | ||||||
24 | the defendant applies to that same Illinois court within 30 | ||||||
25 | days after the sentence imposed by the court of the other state | ||||||
26 | or the federal court is finalized. |
| |||||||
| |||||||
1 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
2 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
3 | sentences shall be determined as follows: | ||||||
4 | (1) For sentences imposed under law in effect prior to | ||||||
5 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
6 | sentences shall not exceed the maximum term authorized | ||||||
7 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
8 | Chapter V for the 2 most serious felonies involved. The | ||||||
9 | aggregate minimum period of consecutive sentences shall | ||||||
10 | not exceed the highest minimum term authorized under | ||||||
11 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
12 | V for the 2 most serious felonies involved. When sentenced | ||||||
13 | only for misdemeanors, a defendant shall not be | ||||||
14 | consecutively sentenced to more than the maximum for one | ||||||
15 | Class A misdemeanor. | ||||||
16 | (2) For sentences imposed under the law in effect on or | ||||||
17 | after February 1, 1978,
the aggregate of consecutive | ||||||
18 | sentences for offenses that were committed as part of a | ||||||
19 | single
course of conduct during which there was no | ||||||
20 | substantial change in the nature of the criminal objective | ||||||
21 | shall not exceed the sum of the maximum terms authorized | ||||||
22 | under Section 5-8-2 (730 ILCS 5/5-8-2) for the 2 most | ||||||
23 | serious felonies involved, but no such limitation shall | ||||||
24 | apply for offenses that were not committed as part of a | ||||||
25 | single course of conduct during which there was no | ||||||
26 | substantial change in the nature of the criminal objective. |
| |||||||
| |||||||
1 | When sentenced only for misdemeanors, a defendant shall not | ||||||
2 | be consecutively sentenced to more than the maximum for one | ||||||
3 | Class A misdemeanor.
| ||||||
4 | (g) Consecutive terms; manner served. In determining the | ||||||
5 | manner in which consecutive sentences of imprisonment, one or | ||||||
6 | more of which is for a felony, will be served, the Department | ||||||
7 | of Corrections shall treat the defendant as though he or she | ||||||
8 | had been committed for a single term subject to each of the | ||||||
9 | following: | ||||||
10 | (1) The maximum period of a term of imprisonment shall | ||||||
11 | consist of the aggregate
of the maximums of the imposed | ||||||
12 | indeterminate terms, if any, plus the aggregate of the | ||||||
13 | imposed determinate sentences for felonies, plus the | ||||||
14 | aggregate of the imposed determinate sentences for | ||||||
15 | misdemeanors, subject to subsection (f) of this Section. | ||||||
16 | (2) The parole or mandatory supervised release term | ||||||
17 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
18 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
19 | involved. | ||||||
20 | (3) The minimum period of imprisonment shall be the | ||||||
21 | aggregate of the minimum
and determinate periods of | ||||||
22 | imprisonment imposed by the court, subject to subsection | ||||||
23 | (f) of this Section. | ||||||
24 | (4) The defendant shall be awarded credit against the | ||||||
25 | aggregate maximum term
and the aggregate minimum term of | ||||||
26 | imprisonment for all time served in an institution since |
| |||||||
| |||||||
1 | the commission of the offense or offenses and as a | ||||||
2 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
3 | (730 ILCS 5/3-6-3).
| ||||||
4 | (Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09; | ||||||
5 | 95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
| ||||||
6 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||||||
7 | Sec. 5-9-1.7. Sexual assault fines.
| ||||||
8 | (a) Definitions. The terms used in this Section shall have | ||||||
9 | the following
meanings ascribed to them:
| ||||||
10 | (1) "Sexual assault" means the commission or attempted | ||||||
11 | commission of
the following: sexual exploitation of a | ||||||
12 | child, criminal sexual assault, predatory criminal sexual | ||||||
13 | assault of
a child, aggravated criminal sexual assault,
| ||||||
14 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
15 | indecent
solicitation of a child, public indecency, sexual | ||||||
16 | relations within
families, promoting juvenile | ||||||
17 | prostitution, soliciting for a juvenile prostitute, | ||||||
18 | keeping a place of juvenile
prostitution, patronizing a | ||||||
19 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
20 | child, obscenity, child pornography,
aggravated child | ||||||
21 | pornography, harmful material,
or ritualized abuse of a | ||||||
22 | child, as those offenses are defined in the Criminal Code | ||||||
23 | of 1961.
| ||||||
24 | (2) "Family member" shall have the meaning ascribed to | ||||||
25 | it in Section
12-12 of the Criminal Code of 1961.
|
| |||||||
| |||||||
1 | (3) "Sexual assault organization" means any | ||||||
2 | not-for-profit organization
providing comprehensive, | ||||||
3 | community-based services to victims of sexual assault.
| ||||||
4 | "Community-based services" include, but are not limited | ||||||
5 | to, direct crisis
intervention through a 24-hour response, | ||||||
6 | medical and legal advocacy,
counseling, information and | ||||||
7 | referral services, training, and community
education.
| ||||||
8 | (b) Sexual assault fine; collection by clerk.
| ||||||
9 | (1) In addition to any other penalty imposed, a fine of | ||||||
10 | $200 shall be
imposed upon any person who pleads guilty or | ||||||
11 | who is convicted of, or who
receives a disposition of court | ||||||
12 | supervision for, a sexual assault or attempt
of a sexual | ||||||
13 | assault. Upon request of the victim or the victim's
| ||||||
14 | representative, the court shall determine whether the fine | ||||||
15 | will impose an
undue burden on the victim of the offense. | ||||||
16 | For purposes of this paragraph,
the defendant may not be | ||||||
17 | considered the victim's representative. If the
court finds | ||||||
18 | that the fine would impose an undue burden on the victim, | ||||||
19 | the
court may reduce or waive the fine. The court shall | ||||||
20 | order that the
defendant may not use funds belonging solely | ||||||
21 | to the victim of the offense
for payment of the fine.
| ||||||
22 | (2) Sexual assault fines shall be assessed by the court | ||||||
23 | imposing the
sentence and shall be collected by the circuit | ||||||
24 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
25 | cover the costs involved in
administering and enforcing | ||||||
26 | this Section. The circuit clerk shall remit
the remainder |
| |||||||
| |||||||
1 | of each fine within one month of its receipt to the State
| ||||||
2 | Treasurer for deposit as follows:
| ||||||
3 | (i) for family member offenders, one-half to the | ||||||
4 | Sexual Assault
Services Fund, and one-half to the | ||||||
5 | Domestic Violence Shelter and Service
Fund; and
| ||||||
6 | (ii) for other than family member offenders, the | ||||||
7 | full amount to the
Sexual Assault Services Fund.
| ||||||
8 | (c) Sexual Assault Services Fund; administration. There is | ||||||
9 | created a
Sexual Assault Services Fund. Moneys deposited into | ||||||
10 | the Fund under this
Section shall be appropriated to the | ||||||
11 | Department of Public Health. Upon
appropriation of moneys from | ||||||
12 | the Sexual Assault Services Fund, the Department
of Public | ||||||
13 | Health shall make grants of these moneys from the Fund to | ||||||
14 | sexual
assault organizations with whom the Department has | ||||||
15 | contracts for the purpose of
providing community-based | ||||||
16 | services to victims of sexual assault. Grants made
under this | ||||||
17 | Section are in addition to, and are not substitutes for, other
| ||||||
18 | grants authorized and made by the Department.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | Section 1070. The County Jail Good Behavior Allowance Act | ||||||
21 | is amended by changing Section 3 as follows:
| ||||||
22 | (730 ILCS 130/3) (from Ch. 75, par. 32)
| ||||||
23 | Sec. 3.
The good behavior of any person who commences a | ||||||
24 | sentence of
confinement in a county jail for a fixed term of |
| |||||||
| |||||||
1 | imprisonment after January 1,
1987 shall entitle such person to | ||||||
2 | a good behavior allowance, except that: (1) a
person who | ||||||
3 | inflicted physical harm upon another person in committing the
| ||||||
4 | offense for which he is confined shall receive no good behavior | ||||||
5 | allowance; and
(2) a person sentenced for an offense for which | ||||||
6 | the law provides a mandatory
minimum sentence shall not receive | ||||||
7 | any portion of a good behavior allowance
that would reduce the | ||||||
8 | sentence below the mandatory minimum; and (3) a person
| ||||||
9 | sentenced to a county impact incarceration program; and (4) a | ||||||
10 | person who is
convicted of criminal sexual assault under | ||||||
11 | subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | ||||||
12 | Section 12-13
of the Criminal Code of 1961, criminal sexual | ||||||
13 | abuse, or aggravated criminal
sexual abuse shall receive no | ||||||
14 | good
behavior allowance. The good behavior
allowance provided | ||||||
15 | for in this Section shall not apply to individuals sentenced
| ||||||
16 | for a felony to probation or conditional discharge where a | ||||||
17 | condition of such
probation or conditional discharge is that | ||||||
18 | the individual serve a sentence of
periodic imprisonment or to | ||||||
19 | individuals sentenced under an order of court for
civil | ||||||
20 | contempt.
| ||||||
21 | Such good behavior allowance shall be cumulative and | ||||||
22 | awarded as
provided in this Section.
| ||||||
23 | The good behavior allowance rate shall be cumulative and
| ||||||
24 | awarded on the following basis:
| ||||||
25 | The prisoner shall receive one day of good behavior | ||||||
26 | allowance for each
day of service of sentence in the county |
| |||||||
| |||||||
1 | jail, and one day of good behavior
allowance for each day of | ||||||
2 | incarceration in the county jail before sentencing
for the | ||||||
3 | offense that he or she is currently serving sentence but was | ||||||
4 | unable to
post bail before sentencing, except that a prisoner | ||||||
5 | serving a sentence of
periodic imprisonment under Section 5-7-1 | ||||||
6 | of the Unified Code of Corrections
shall only be eligible to | ||||||
7 | receive good behavior allowance if authorized by the
sentencing | ||||||
8 | judge. Each day of good behavior allowance shall reduce by one | ||||||
9 | day
the prisoner's period of incarceration set by the court. | ||||||
10 | For the purpose of
calculating a prisoner's good behavior | ||||||
11 | allowance, a fractional part of a day
shall not be calculated | ||||||
12 | as a day of service of sentence in the county jail
unless the | ||||||
13 | fractional part of the day is over 12 hours in which case a | ||||||
14 | whole
day shall be credited on the good behavior allowance.
| ||||||
15 | If consecutive sentences are served and the time served | ||||||
16 | amounts to a
total of one year or more, the good behavior | ||||||
17 | allowance shall be calculated
on a continuous basis throughout | ||||||
18 | the entire time served beginning on the
first date of sentence | ||||||
19 | or incarceration, as the case may be.
| ||||||
20 | (Source: P.A. 91-117, eff. 7-15-99.)
| ||||||
21 | Section 1075. The Sex Offender Registration Act is amended | ||||||
22 | by changing Sections 2 and 3 as follows:
| ||||||
23 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
24 | Sec. 2. Definitions.
|
| |||||||
| |||||||
1 | (A) As used in this Article, "sex offender" means any | ||||||
2 | person who is:
| ||||||
3 | (1) charged pursuant to Illinois law, or any | ||||||
4 | substantially similar
federal, Uniform Code of Military | ||||||
5 | Justice, sister state, or foreign country
law,
with a sex | ||||||
6 | offense set forth
in subsection (B) of this Section or the | ||||||
7 | attempt to commit an included sex
offense, and:
| ||||||
8 | (a) is convicted of such offense or an attempt to | ||||||
9 | commit such offense;
or
| ||||||
10 | (b) is found not guilty by reason of insanity of | ||||||
11 | such offense or an
attempt to commit such offense; or
| ||||||
12 | (c) is found not guilty by reason of insanity | ||||||
13 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
14 | Procedure of 1963 of such offense or an
attempt to | ||||||
15 | commit such offense; or
| ||||||
16 | (d) is the subject of a finding not resulting in an | ||||||
17 | acquittal at a
hearing conducted pursuant to Section | ||||||
18 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
19 | the alleged commission or attempted commission of such
| ||||||
20 | offense; or
| ||||||
21 | (e) is found not guilty by reason of insanity | ||||||
22 | following a hearing
conducted pursuant to a federal, | ||||||
23 | Uniform Code of Military Justice, sister
state, or | ||||||
24 | foreign country law
substantially similar to Section | ||||||
25 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
26 | such offense or of the attempted commission of such |
| |||||||
| |||||||
1 | offense; or
| ||||||
2 | (f) is the subject of a finding not resulting in an | ||||||
3 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
4 | Uniform Code of Military Justice,
sister state, or | ||||||
5 | foreign country law
substantially similar to Section | ||||||
6 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
7 | the alleged violation or attempted commission of such | ||||||
8 | offense;
or
| ||||||
9 | (2) certified as a sexually dangerous person pursuant | ||||||
10 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
11 | substantially similar federal, Uniform
Code of Military | ||||||
12 | Justice, sister
state, or foreign country law; or
| ||||||
13 | (3) subject to the provisions of Section 2 of the | ||||||
14 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
15 | or
| ||||||
16 | (4) found to be a sexually violent person pursuant to | ||||||
17 | the Sexually
Violent Persons Commitment Act or any | ||||||
18 | substantially similar federal, Uniform
Code of Military | ||||||
19 | Justice, sister
state, or foreign country law; or
| ||||||
20 | (5) adjudicated a juvenile delinquent as the result of | ||||||
21 | committing or
attempting to commit an act which, if | ||||||
22 | committed by an adult, would constitute
any of the offenses | ||||||
23 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
24 | violation of any substantially similar federal, Uniform | ||||||
25 | Code of Military
Justice, sister state, or foreign
country | ||||||
26 | law, or found guilty under Article V of the Juvenile Court |
| |||||||
| |||||||
1 | Act of 1987
of committing or attempting to commit an act | ||||||
2 | which, if committed by an adult,
would constitute any of | ||||||
3 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
4 | Section or a violation of any substantially similar | ||||||
5 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
6 | foreign country law.
| ||||||
7 | Convictions that result from or are connected with the same | ||||||
8 | act, or result
from offenses committed at the same time, shall | ||||||
9 | be counted for the purpose of
this Article as one conviction. | ||||||
10 | Any conviction set aside pursuant to law is
not a conviction | ||||||
11 | for purposes of this Article.
| ||||||
12 |
For purposes of this Section, "convicted" shall have the | ||||||
13 | same meaning as
"adjudicated".
| ||||||
14 | (B) As used in this Article, "sex offense" means:
| ||||||
15 | (1) A violation of any of the following Sections of the | ||||||
16 | Criminal Code of
1961:
| ||||||
17 | 11-20.1 (child pornography),
| ||||||
18 | 11-20.1B or 11-20.3 (aggravated child | ||||||
19 | pornography),
| ||||||
20 | 11-6 (indecent solicitation of a child),
| ||||||
21 | 11-9.1 (sexual exploitation of a child),
| ||||||
22 | 11-9.2 (custodial sexual misconduct),
| ||||||
23 | 11-9.5 (sexual misconduct with a person with a | ||||||
24 | disability), | ||||||
25 | 11-14.4 (promoting juvenile prostitution),
| ||||||
26 | 11-15.1 (soliciting for a juvenile prostitute),
|
| |||||||
| |||||||
1 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
2 | 11-17.1 (keeping a place of juvenile | ||||||
3 | prostitution),
| ||||||
4 | 11-19.1 (juvenile pimping),
| ||||||
5 | 11-19.2 (exploitation of a child),
| ||||||
6 | 11-25 (grooming), | ||||||
7 | 11-26 (traveling to meet a minor),
| ||||||
8 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
10 | assault),
| ||||||
11 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
12 | assault of a child),
| ||||||
13 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
14 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
15 | abuse),
| ||||||
16 | 12-33 (ritualized abuse of a child).
| ||||||
17 | An attempt to commit any of these offenses.
| ||||||
18 | (1.5)
A violation of any of the following Sections of | ||||||
19 | the
Criminal Code of 1961, when the victim is a person | ||||||
20 | under 18 years of age, the
defendant is not a parent of the | ||||||
21 | victim, the offense was sexually motivated as defined in | ||||||
22 | Section 10 of the Sex Offender Management Board Act, and | ||||||
23 | the offense was committed on or
after January 1, 1996:
| ||||||
24 | 10-1 (kidnapping),
| ||||||
25 | 10-2 (aggravated kidnapping),
| ||||||
26 | 10-3 (unlawful restraint),
|
| |||||||
| |||||||
1 | 10-3.1 (aggravated unlawful restraint).
| ||||||
2 | (1.6)
First degree murder under Section 9-1 of the | ||||||
3 | Criminal Code of 1961,
when the victim was a person under | ||||||
4 | 18 years of age and the defendant was at least
17 years of | ||||||
5 | age at the time of the commission of the offense, provided | ||||||
6 | the offense was sexually motivated as defined in Section 10 | ||||||
7 | of the Sex Offender Management Board Act.
| ||||||
8 | (1.7) (Blank).
| ||||||
9 | (1.8) A violation or attempted violation of Section | ||||||
10 | 11-11 (sexual
relations within families) of the Criminal | ||||||
11 | Code of 1961, and the offense was committed on or after
| ||||||
12 | June 1, 1997.
| ||||||
13 | (1.9) Child abduction under paragraph (10) of | ||||||
14 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
15 | committed by luring or
attempting to lure a child under the | ||||||
16 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
17 | dwelling place without the consent of the parent or lawful
| ||||||
18 | custodian of the child for other than a lawful purpose and | ||||||
19 | the offense was
committed on or after January 1, 1998, | ||||||
20 | provided the offense was sexually motivated as defined in | ||||||
21 | Section 10 of the Sex Offender Management Board Act.
| ||||||
22 | (1.10) A violation or attempted violation of any of the | ||||||
23 | following Sections
of the Criminal Code of 1961 when the | ||||||
24 | offense was committed on or after July
1, 1999:
| ||||||
25 | 10-4 (forcible detention, if the victim is under 18 | ||||||
26 | years of age), provided the offense was sexually |
| |||||||
| |||||||
1 | motivated as defined in Section 10 of the Sex Offender | ||||||
2 | Management Board Act,
| ||||||
3 | 11-6.5 (indecent solicitation of an adult),
| ||||||
4 | 11-14.3 that involves soliciting for a prostitute, | ||||||
5 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
6 | under 18 years
of age),
| ||||||
7 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
8 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
9 | under 18 years of age),
| ||||||
10 | 11-18 (patronizing a prostitute, if the victim is | ||||||
11 | under 18 years
of age),
| ||||||
12 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
13 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
14 | of age).
| ||||||
15 | (1.11) A violation or attempted violation of any of the | ||||||
16 | following
Sections of the Criminal Code of 1961 when the | ||||||
17 | offense was committed on or
after August 22, 2002:
| ||||||
18 | 11-9 or 11-30 (public indecency for a third or | ||||||
19 | subsequent conviction).
| ||||||
20 | (1.12) A violation or attempted violation of Section
| ||||||
21 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
22 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
23 | offense was committed on or after August 22, 2002.
| ||||||
24 | (2) A violation of any former law of this State | ||||||
25 | substantially equivalent
to any offense listed in | ||||||
26 | subsection (B) of this Section.
|
| |||||||
| |||||||
1 | (C) A conviction for an offense of federal law, Uniform | ||||||
2 | Code of Military
Justice, or the law of another state
or a | ||||||
3 | foreign country that is substantially equivalent to any offense | ||||||
4 | listed
in subsections (B), (C), and (E) of this Section shall
| ||||||
5 | constitute a
conviction for the purpose
of this Article. A | ||||||
6 | finding or adjudication as a sexually dangerous person
or a | ||||||
7 | sexually violent person under any federal law, Uniform Code of | ||||||
8 | Military
Justice, or the law of another state or
foreign | ||||||
9 | country that is substantially equivalent to the Sexually | ||||||
10 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
11 | Commitment Act shall constitute an
adjudication for the | ||||||
12 | purposes of this Article.
| ||||||
13 | (C-5) A person at least 17 years of age at the time of the | ||||||
14 | commission of
the offense who is convicted of first degree | ||||||
15 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
16 | a person
under 18 years of age, shall be required to register
| ||||||
17 | for natural life.
A conviction for an offense of federal, | ||||||
18 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
19 | country law that is substantially equivalent to any
offense | ||||||
20 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
21 | conviction for the purpose of this Article. This subsection | ||||||
22 | (C-5) applies to a person who committed the offense before June | ||||||
23 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
24 | Department of Corrections facility on August 20, 2004 (the | ||||||
25 | effective date of Public Act 93-977).
| ||||||
26 | (D) As used in this Article, "law enforcement agency having |
| |||||||
| |||||||
1 | jurisdiction"
means the Chief of Police in each of the | ||||||
2 | municipalities in which the sex offender
expects to reside, | ||||||
3 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
4 | release or
(2) during the service of his or her sentence of | ||||||
5 | probation or conditional
discharge, or the Sheriff of the | ||||||
6 | county, in the event no Police Chief exists
or if the offender | ||||||
7 | intends to reside, work, or attend school in an
unincorporated | ||||||
8 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
9 | the location where
out-of-state students attend school and | ||||||
10 | where out-of-state employees are
employed or are otherwise | ||||||
11 | required to register.
| ||||||
12 | (D-1) As used in this Article, "supervising officer" means | ||||||
13 | the assigned Illinois Department of Corrections parole agent or | ||||||
14 | county probation officer. | ||||||
15 | (E) As used in this Article, "sexual predator" means any | ||||||
16 | person who,
after July 1, 1999, is:
| ||||||
17 | (1) Convicted for an offense of federal, Uniform Code | ||||||
18 | of Military
Justice, sister state, or foreign country law | ||||||
19 | that is substantially equivalent
to any offense listed in | ||||||
20 | subsection (E) of this Section shall constitute a
| ||||||
21 | conviction for the purpose of this Article.
Convicted of a | ||||||
22 | violation or attempted violation of any of the following
| ||||||
23 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
24 | occurred after July
1, 1999:
| ||||||
25 | 11-14.4 that involves keeping a place of juvenile | ||||||
26 | prostitution, or 11-17.1 (keeping a place of juvenile |
| |||||||
| |||||||
1 | prostitution),
| ||||||
2 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
3 | or Section 11-19.1 (juvenile pimping),
| ||||||
4 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
5 | 11-19.2 (exploitation of a child),
| ||||||
6 | 11-20.1 (child pornography),
| ||||||
7 | 11-20.1B or 11-20.3 (aggravated child | ||||||
8 | pornography),
| ||||||
9 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
10 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
11 | assault),
| ||||||
12 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
13 | assault of a child),
| ||||||
14 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
15 | abuse),
| ||||||
16 | 12-33 (ritualized abuse of a child);
| ||||||
17 | (2) (blank);
| ||||||
18 | (3) certified as a sexually dangerous person pursuant | ||||||
19 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
20 | similar federal, Uniform Code of
Military Justice, sister | ||||||
21 | state, or
foreign country law;
| ||||||
22 | (4) found to be a sexually violent person pursuant to | ||||||
23 | the Sexually Violent
Persons Commitment Act or any | ||||||
24 | substantially similar federal, Uniform Code of
Military | ||||||
25 | Justice, sister state, or
foreign country law;
| ||||||
26 | (5) convicted of a second or subsequent offense which |
| |||||||
| |||||||
1 | requires
registration pursuant to this Act. The conviction | ||||||
2 | for the second or subsequent
offense must have occurred | ||||||
3 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
4 | "convicted" shall include a conviction under any
| ||||||
5 | substantially similar
Illinois, federal, Uniform Code of | ||||||
6 | Military Justice, sister state, or
foreign country law; or
| ||||||
7 | (6) convicted of a second or subsequent offense of | ||||||
8 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
9 | 1961. | ||||||
10 | (F) As used in this Article, "out-of-state student" means | ||||||
11 | any sex
offender, as defined in this Section,
or sexual | ||||||
12 | predator who is enrolled in Illinois, on a full-time or | ||||||
13 | part-time
basis, in any public or private educational | ||||||
14 | institution, including, but not
limited to, any secondary | ||||||
15 | school, trade or professional institution, or
institution of | ||||||
16 | higher learning.
| ||||||
17 | (G) As used in this Article, "out-of-state employee" means | ||||||
18 | any sex
offender, as defined in this Section,
or sexual | ||||||
19 | predator who works in Illinois, regardless of whether the | ||||||
20 | individual
receives payment for services performed, for a | ||||||
21 | period of time of 10 or more days
or for an aggregate period of | ||||||
22 | time of 30 or more days
during any calendar year.
Persons who | ||||||
23 | operate motor vehicles in the State accrue one day of | ||||||
24 | employment
time for any portion of a day spent in Illinois.
| ||||||
25 | (H) As used in this Article, "school" means any public or | ||||||
26 | private educational institution, including, but not limited |
| |||||||
| |||||||
1 | to, any elementary or secondary school, trade or professional | ||||||
2 | institution, or institution of higher education. | ||||||
3 | (I) As used in this Article, "fixed residence" means any | ||||||
4 | and all places that a sex offender resides for an aggregate | ||||||
5 | period of time of 5 or more days in a calendar year.
| ||||||
6 | (J) As used in this Article, "Internet protocol address" | ||||||
7 | means the string of numbers by which a location on the Internet | ||||||
8 | is identified by routers or other computers connected to the | ||||||
9 | Internet. | ||||||
10 | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | ||||||
11 | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
12 | 8-21-08; 96-301, eff. 8-11-09.)
| ||||||
13 | (730 ILCS 150/3)
| ||||||
14 | Sec. 3. Duty to register.
| ||||||
15 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
16 | sexual
predator shall, within the time period
prescribed in | ||||||
17 | subsections (b) and (c), register in person
and provide | ||||||
18 | accurate information as required by the Department of State
| ||||||
19 | Police. Such information shall include a current photograph,
| ||||||
20 | current address,
current place of employment, the employer's | ||||||
21 | telephone number, school attended, all e-mail addresses, | ||||||
22 | instant messaging identities, chat room identities, and other | ||||||
23 | Internet communications identities that the sex offender uses | ||||||
24 | or plans to use, all Uniform Resource Locators (URLs) | ||||||
25 | registered or used by the sex offender, all blogs and other |
| |||||||
| |||||||
1 | Internet sites maintained by the sex offender or to which the | ||||||
2 | sex offender has uploaded any content or posted any messages or | ||||||
3 | information, extensions of the time period for registering as | ||||||
4 | provided in this Article and, if an extension was granted, the | ||||||
5 | reason why the extension was granted and the date the sex | ||||||
6 | offender was notified of the extension. The information shall | ||||||
7 | also include the county of conviction, license plate numbers | ||||||
8 | for every vehicle registered in the name of the sex offender, | ||||||
9 | the age of the sex offender at the time of the commission of | ||||||
10 | the offense, the age of the victim at the time of the | ||||||
11 | commission of the offense, and any distinguishing marks located | ||||||
12 | on the body of the sex offender. A sex offender convicted under | ||||||
13 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
14 | Criminal Code of 1961 shall provide all Internet protocol (IP) | ||||||
15 | addresses in his or her residence, registered in his or her | ||||||
16 | name, accessible at his or her place of employment, or | ||||||
17 | otherwise under his or her control or custody. The sex offender | ||||||
18 | or
sexual predator shall register:
| ||||||
19 | (1) with the chief of police in the municipality in | ||||||
20 | which he or she
resides or is temporarily domiciled for a | ||||||
21 | period of time of 5 or more
days, unless the
municipality | ||||||
22 | is the City of Chicago, in which case he or she shall | ||||||
23 | register
at the Chicago Police Department Headquarters; or
| ||||||
24 | (2) with the sheriff in the county in which
he or she | ||||||
25 | resides or is
temporarily domiciled
for a period of time of | ||||||
26 | 5 or more days in an unincorporated
area or, if |
| |||||||
| |||||||
1 | incorporated, no police chief exists.
| ||||||
2 | If the sex offender or sexual predator is employed at or | ||||||
3 | attends an institution of higher education, he or she shall | ||||||
4 | register:
| ||||||
5 | (i) with the chief of police in the municipality in | ||||||
6 | which he or she is employed at or attends an institution of | ||||||
7 | higher education, unless the municipality is the City of | ||||||
8 | Chicago, in which case he or she shall register at the | ||||||
9 | Chicago Police Department Headquarters; or | ||||||
10 | (ii) with the sheriff in the county in which he or she | ||||||
11 | is employed or attends an institution of higher education | ||||||
12 | located in an unincorporated area, or if incorporated, no | ||||||
13 | police chief exists.
| ||||||
14 | For purposes of this Article, the place of residence or | ||||||
15 | temporary
domicile is defined as any and all places where the | ||||||
16 | sex offender resides
for an aggregate period of time of 5 or | ||||||
17 | more days during any calendar year.
Any person required to | ||||||
18 | register under this Article who lacks a fixed address or | ||||||
19 | temporary domicile must notify, in person, the agency of | ||||||
20 | jurisdiction of his or her last known address within 3 days | ||||||
21 | after ceasing to have a fixed residence.
| ||||||
22 | Any person who lacks a fixed residence must report weekly, | ||||||
23 | in person, with the sheriff's office of the county in which he | ||||||
24 | or she is located in an unincorporated area, or with the chief | ||||||
25 | of police in the municipality in which he or she is located. | ||||||
26 | The agency of jurisdiction will document each weekly |
| |||||||
| |||||||
1 | registration to include all the locations where the person has | ||||||
2 | stayed during the past 7 days.
| ||||||
3 | The sex offender or sexual predator shall provide accurate | ||||||
4 | information
as required by the Department of State Police. That | ||||||
5 | information shall include
the sex offender's or sexual | ||||||
6 | predator's current place of employment.
| ||||||
7 | (a-5) An out-of-state student or out-of-state employee | ||||||
8 | shall,
within 3 days after beginning school or employment in | ||||||
9 | this State,
register in person and provide accurate information | ||||||
10 | as required by the
Department of State Police. Such information | ||||||
11 | will include current place of
employment, school attended, and | ||||||
12 | address in state of residence. A sex offender convicted under | ||||||
13 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
14 | Criminal Code of 1961 shall provide all Internet protocol (IP) | ||||||
15 | addresses in his or her residence, registered in his or her | ||||||
16 | name, accessible at his or her place of employment, or | ||||||
17 | otherwise under his or her control or custody. The out-of-state | ||||||
18 | student or out-of-state employee shall register:
| ||||||
19 | (1) with the chief of police in the municipality in | ||||||
20 | which he or she attends school or is employed for a period | ||||||
21 | of time of 5
or more days or for an
aggregate period of | ||||||
22 | time of more than 30 days during any
calendar year, unless | ||||||
23 | the
municipality is the City of Chicago, in which case he | ||||||
24 | or she shall register at
the Chicago Police Department | ||||||
25 | Headquarters; or
| ||||||
26 | (2) with the sheriff in the county in which
he or she |
| |||||||
| |||||||
1 | attends school or is
employed for a period of time of 5 or | ||||||
2 | more days or
for an aggregate period of
time of more than | ||||||
3 | 30 days during any calendar year in an
unincorporated area
| ||||||
4 | or, if incorporated, no police chief exists.
| ||||||
5 | The out-of-state student or out-of-state employee shall | ||||||
6 | provide accurate
information as required by the Department of | ||||||
7 | State Police. That information
shall include the out-of-state | ||||||
8 | student's current place of school attendance or
the | ||||||
9 | out-of-state employee's current place of employment.
| ||||||
10 | (a-10) Any law enforcement agency registering sex | ||||||
11 | offenders or sexual predators in accordance with subsections | ||||||
12 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
13 | General a copy of sex offender registration forms from persons | ||||||
14 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
15 | 11-21 of the Criminal Code of 1961, including periodic and | ||||||
16 | annual registrations under Section 6 of this Act. | ||||||
17 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
18 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
19 | registration, shall, within 3 days of beginning school,
or | ||||||
20 | establishing a
residence, place of employment, or temporary | ||||||
21 | domicile in
any county, register in person as set forth in | ||||||
22 | subsection (a)
or (a-5).
| ||||||
23 | (c) The registration for any person required to register | ||||||
24 | under this
Article shall be as follows:
| ||||||
25 | (1) Any person registered under the Habitual Child Sex | ||||||
26 | Offender
Registration Act or the Child Sex Offender |
| |||||||
| |||||||
1 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
2 | initially registered as of January 1, 1996; however,
this | ||||||
3 | shall not be construed to extend the duration of | ||||||
4 | registration set forth
in Section 7.
| ||||||
5 | (2) Except as provided in subsection (c)(4), any person | ||||||
6 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
7 | liability for registration under
Section 7 has not expired, | ||||||
8 | shall register in person prior to January 31,
1996.
| ||||||
9 | (2.5) Except as provided in subsection (c)(4), any | ||||||
10 | person who has not
been notified of his or her | ||||||
11 | responsibility to register shall be notified by a
criminal | ||||||
12 | justice entity of his or her responsibility to register. | ||||||
13 | Upon
notification the person must then register within 3 | ||||||
14 | days of notification of
his or her requirement to register. | ||||||
15 | If notification is not made within the
offender's 10 year | ||||||
16 | registration requirement, and the Department of State
| ||||||
17 | Police determines no evidence exists or indicates the | ||||||
18 | offender attempted to
avoid registration, the offender | ||||||
19 | will no longer be required to register under
this Act.
| ||||||
20 | (3) Except as provided in subsection (c)(4), any person | ||||||
21 | convicted on
or after January 1, 1996, shall register in | ||||||
22 | person within 3 days after the
entry of the sentencing | ||||||
23 | order based upon his or her conviction.
| ||||||
24 | (4) Any person unable to comply with the registration | ||||||
25 | requirements of
this Article because he or she is confined, | ||||||
26 | institutionalized,
or imprisoned in Illinois on or after |
| |||||||
| |||||||
1 | January 1, 1996, shall register in person
within 3 days of | ||||||
2 | discharge, parole or release.
| ||||||
3 | (5) The person shall provide positive identification | ||||||
4 | and documentation
that substantiates proof of residence at | ||||||
5 | the registering address.
| ||||||
6 | (6) The person shall pay a $20
initial registration fee | ||||||
7 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
8 | registering agency for official
purposes. The agency shall | ||||||
9 | establish procedures to document receipt and use
of the | ||||||
10 | funds.
The law enforcement agency having jurisdiction may | ||||||
11 | waive the registration fee
if it determines that the person | ||||||
12 | is indigent and unable to pay the registration
fee.
Ten | ||||||
13 | dollars for the initial registration fee and $5 of the | ||||||
14 | annual renewal fee
shall be used by the registering agency | ||||||
15 | for official purposes. Ten dollars of
the initial | ||||||
16 | registration fee and $5 of the annual fee shall be | ||||||
17 | deposited into
the Sex Offender Management Board Fund under | ||||||
18 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
19 | deposited into the Sex Offender Management Board
Fund shall | ||||||
20 | be administered by the Sex Offender Management Board and | ||||||
21 | shall be
used to
fund practices endorsed or required by the | ||||||
22 | Sex Offender Management Board Act
including but not limited | ||||||
23 | to sex offenders evaluation, treatment, or
monitoring | ||||||
24 | programs that are or may be developed, as well as for
| ||||||
25 | administrative costs, including staff, incurred by the | ||||||
26 | Board.
|
| |||||||
| |||||||
1 | (d) Within 3 days after obtaining or changing employment | ||||||
2 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
3 | date, a person required to
register under this Section must | ||||||
4 | report, in person to the law
enforcement agency having | ||||||
5 | jurisdiction, the business name and address where he
or she is | ||||||
6 | employed. If the person has multiple businesses or work | ||||||
7 | locations,
every business and work location must be reported to | ||||||
8 | the law enforcement agency
having jurisdiction.
| ||||||
9 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | ||||||
10 | eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | ||||||
11 | eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.) | ||||||
12 | Section 1080. The Secure Residential Youth Care Facility | ||||||
13 | Licensing Act is amended by changing Section 45-30 as follows:
| ||||||
14 | (730 ILCS 175/45-30)
| ||||||
15 | Sec. 45-30. License or employment eligibility.
| ||||||
16 | (a) No applicant may receive a
license from the Department | ||||||
17 | and no
person may be employed by a licensed facility who | ||||||
18 | refuses to
authorize an investigation as required by Section | ||||||
19 | 45-25.
| ||||||
20 | (b) No applicant may receive a license from the Department | ||||||
21 | and no person may
be employed by a secure residential youth | ||||||
22 | care facility licensed by the
Department who has
been declared | ||||||
23 | a sexually dangerous person under the Sexually Dangerous | ||||||
24 | Persons
Act or convicted of
committing or attempting to commit |
| |||||||
| |||||||
1 | any of the following offenses under the
Criminal Code of 1961:
| ||||||
2 | (1) First degree murder.
| ||||||
3 | (2) A sex offense under Article 11, except offenses | ||||||
4 | described in
Sections 11-7, 11-8, 11-12, 11-13 , and 11-18 , | ||||||
5 | 11-35, 11-40, and 11-45 .
| ||||||
6 | (3) Kidnapping.
| ||||||
7 | (4) Aggravated kidnapping.
| ||||||
8 | (5) Child abduction.
| ||||||
9 | (6) Aggravated battery of a child.
| ||||||
10 | (7) Criminal sexual assault.
| ||||||
11 | (8) Aggravated criminal sexual assault.
| ||||||
12 | (8.1) Predatory criminal sexual assault of a child.
| ||||||
13 | (9) Criminal sexual abuse.
| ||||||
14 | (10) Aggravated criminal sexual abuse.
| ||||||
15 | (11) A federal offense or an offense in any other state | ||||||
16 | the elements of
which are similar to any of the foregoing | ||||||
17 | offenses.
| ||||||
18 | (Source: P.A. 88-680, eff. 1-1-95 ; 89-428, eff. 12-13-95; | ||||||
19 | 89-462, eff. 5-29-96.)
| ||||||
20 | Section 1085. The Code of Civil Procedure is amended by | ||||||
21 | changing Sections 8-802.1, 13-202.2, and 13-202.3 as follows:
| ||||||
22 | (735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
| ||||||
23 | Sec. 8-802.1. Confidentiality of Statements Made to Rape | ||||||
24 | Crisis Personnel.
|
| |||||||
| |||||||
1 | (a) Purpose. This Section is intended to protect victims of | ||||||
2 | rape from
public
disclosure of statements they make in | ||||||
3 | confidence to counselors of organizations
established to help | ||||||
4 | them. On or after July 1, 1984, "rape" means an act of
forced | ||||||
5 | sexual penetration or sexual conduct, as defined in Section | ||||||
6 | 11-0.1 12-12 of
the Criminal Code of 1961, as amended, | ||||||
7 | including acts prohibited under
Sections 11-1.20 through | ||||||
8 | 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, as | ||||||
9 | amended.
Because of the fear and stigma that often results from | ||||||
10 | those crimes, many
victims hesitate to seek help even where it | ||||||
11 | is available at no cost to them.
As a result they not only fail | ||||||
12 | to receive needed medical care and emergency
counseling, but | ||||||
13 | may lack the psychological support necessary to report the
| ||||||
14 | crime and aid police in preventing future crimes.
| ||||||
15 | (b) Definitions. As used in this Act:
| ||||||
16 | (1) "Rape crisis organization" means any organization | ||||||
17 | or association the
major purpose of which is providing | ||||||
18 | information, counseling, and psychological
support to | ||||||
19 | victims of any or all of the crimes of aggravated criminal | ||||||
20 | sexual
assault, predatory criminal sexual assault of a | ||||||
21 | child, criminal sexual
assault, sexual relations between | ||||||
22 | siblings, criminal
sexual abuse and aggravated criminal | ||||||
23 | sexual abuse.
| ||||||
24 | (2) "Rape crisis counselor" means a person who is a | ||||||
25 | psychologist,
social worker, employee, or volunteer in any | ||||||
26 | organization or association
defined as a rape crisis |
| |||||||
| |||||||
1 | organization under this Section, who has undergone 40
hours | ||||||
2 | of training and is under the control of a direct services | ||||||
3 | supervisor of a
rape crisis organization.
| ||||||
4 | (3) "Victim" means a person who is the subject of, or | ||||||
5 | who seeks
information, counseling, or advocacy services as | ||||||
6 | a result of an aggravated
criminal sexual assault, | ||||||
7 | predatory criminal sexual assault of a child,
criminal | ||||||
8 | sexual assault, sexual relations within
families, criminal | ||||||
9 | sexual abuse, aggravated criminal sexual abuse, sexual
| ||||||
10 | exploitation of a child, indecent solicitation of a child, | ||||||
11 | public indecency,
exploitation of a child, promoting | ||||||
12 | juvenile prostitution as described in subdivision (a)(4) | ||||||
13 | of Section 11-14.4, or an attempt to commit any of these | ||||||
14 | offenses.
| ||||||
15 | (4) "Confidential communication" means any | ||||||
16 | communication between a
victim and a rape crisis counselor | ||||||
17 | in the course of providing information,
counseling, and | ||||||
18 | advocacy. The term includes all records kept by the | ||||||
19 | counselor
or by the organization in the course of providing | ||||||
20 | services to an alleged victim
concerning the alleged victim | ||||||
21 | and the services provided.
| ||||||
22 | (c) Waiver of privilege.
| ||||||
23 | (1) The confidential nature of the communication is not | ||||||
24 | waived by: the
presence of a third person who further | ||||||
25 | expresses the interests of the victim at
the time of the | ||||||
26 | communication; group counseling; or disclosure to a third
|
| |||||||
| |||||||
1 | person with the consent of the victim when reasonably | ||||||
2 | necessary to accomplish
the purpose for which the counselor | ||||||
3 | is consulted.
| ||||||
4 | (2) The confidential nature of counseling records is | ||||||
5 | not waived when:
the victim inspects the records; or in the | ||||||
6 | case of a minor child less than
12 years of age, a parent | ||||||
7 | or guardian whose interests are not adverse to
the minor | ||||||
8 | inspects the records; or in the case of a minor victim 12 | ||||||
9 | years
or older, a parent or guardian whose interests are | ||||||
10 | not adverse to the minor
inspects the records with the | ||||||
11 | victim's consent.
| ||||||
12 | (3) When a victim is deceased or has been adjudged | ||||||
13 | incompetent by a
court of competent jurisdiction, the | ||||||
14 | victim's guardian or the executor
or administrator of the | ||||||
15 | victim's estate may waive the privilege
established by this | ||||||
16 | Section, unless the guardian, executor, or
administrator | ||||||
17 | has an interest adverse to the victim.
| ||||||
18 | (4) A minor victim 12 years of age or older may | ||||||
19 | knowingly waive the
privilege established in this Section. | ||||||
20 | When a minor is, in the opinion of
the Court, incapable of | ||||||
21 | knowingly waiving the privilege, the parent or
guardian of | ||||||
22 | the minor may waive the privilege on behalf of the minor,
| ||||||
23 | unless the parent or guardian has been charged with a | ||||||
24 | violent crime against
the victim or otherwise has any | ||||||
25 | interest adverse to that of the minor with
respect to the | ||||||
26 | waiver of the privilege.
|
| |||||||
| |||||||
1 | (d) Confidentiality. Except as provided in this Act, no | ||||||
2 | rape crisis
counselor shall disclose any confidential | ||||||
3 | communication or be examined as a
witness in any civil or | ||||||
4 | criminal proceeding as to any confidential
communication | ||||||
5 | without the written consent of the victim or a representative | ||||||
6 | of
the victim as provided in subparagraph (c).
| ||||||
7 | (e) A rape crisis counselor may disclose a confidential | ||||||
8 | communication
without the consent of the victim if failure to | ||||||
9 | disclose is likely to
result in a clear, imminent risk of | ||||||
10 | serious physical injury or death of the
victim or another | ||||||
11 | person. Any rape crisis counselor or rape crisis
organization | ||||||
12 | participating in good faith in the disclosing of records and
| ||||||
13 | communications under this Act shall have immunity from any | ||||||
14 | liability,
civil, criminal, or otherwise that might result from | ||||||
15 | the action.
In any proceeding, civil or criminal, arising out | ||||||
16 | of a disclosure under
this Section, the good faith of any rape | ||||||
17 | crisis counselor
or rape crisis organization who disclosed the | ||||||
18 | confidential communication
shall be presumed.
| ||||||
19 | (f) Any rape crisis counselor who knowingly discloses any | ||||||
20 | confidential
communication in violation of this Act commits a | ||||||
21 | Class C misdemeanor.
| ||||||
22 | (Source: P.A. 88-33; 89-428, eff. 12-13-95; 89-462, eff. | ||||||
23 | 5-29-96.)
| ||||||
24 | (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
| ||||||
25 | Sec. 13-202.2. Childhood sexual abuse.
|
| |||||||
| |||||||
1 | (a) In this Section:
| ||||||
2 | "Childhood sexual abuse" means an act of sexual
abuse that | ||||||
3 | occurs when the person abused is under 18 years of age.
| ||||||
4 | "Sexual abuse" includes but is not limited to sexual | ||||||
5 | conduct and sexual
penetration as defined in Section 11-0.1 | ||||||
6 | 12-12 of the Criminal Code of 1961.
| ||||||
7 | (b) Notwithstanding any other provision of law, an action | ||||||
8 | for damages
for personal injury based on childhood sexual
abuse | ||||||
9 | must be commenced within 10 years of the date the limitation | ||||||
10 | period
begins to run under subsection (d) or within 5 years of
| ||||||
11 | the date the person abused
discovers or through the use of | ||||||
12 | reasonable diligence should discover both
(i) that
the act of | ||||||
13 | childhood sexual abuse occurred and (ii) that the injury was
| ||||||
14 | caused
by the childhood sexual abuse.
The fact that the person | ||||||
15 | abused discovers or through the use of reasonable
diligence | ||||||
16 | should discover that the act of childhood sexual abuse occurred | ||||||
17 | is
not, by itself, sufficient to start the discovery period | ||||||
18 | under this subsection
(b). Knowledge of the abuse does not | ||||||
19 | constitute discovery of the injury
or the causal relationship | ||||||
20 | between any later-discovered injury and the abuse.
| ||||||
21 | (c) If the injury is caused by 2 or more acts of childhood | ||||||
22 | sexual
abuse that are part of a continuing series of acts of | ||||||
23 | childhood sexual
abuse by the same abuser, then the discovery | ||||||
24 | period under subsection
(b) shall be computed from the date the | ||||||
25 | person abused discovers or through
the use of reasonable | ||||||
26 | diligence should discover both (i) that the last act
of
|
| |||||||
| |||||||
1 | childhood sexual abuse in the continuing series occurred and | ||||||
2 | (ii) that the
injury was caused by any act of childhood sexual | ||||||
3 | abuse in the continuing
series.
The fact that the person abused | ||||||
4 | discovers or through the use of reasonable
diligence should | ||||||
5 | discover that the last act of childhood sexual abuse in the
| ||||||
6 | continuing series occurred is not, by itself, sufficient to | ||||||
7 | start the discovery
period under subsection (b). Knowledge of | ||||||
8 | the abuse does not constitute
discovery of the injury
or the | ||||||
9 | causal relationship between any later-discovered injury and | ||||||
10 | the abuse.
| ||||||
11 | (d) The limitation periods under subsection (b) do not | ||||||
12 | begin to run
before the person abused attains the age of 18 | ||||||
13 | years; and, if at the time
the person abused attains the age of | ||||||
14 | 18 years he or she is under other
legal disability, the | ||||||
15 | limitation periods under subsection (b) do not begin
to run | ||||||
16 | until the removal of the disability.
| ||||||
17 | (d-1) The limitation periods in subsection (b) do not run | ||||||
18 | during a time
period
when the person abused is subject to | ||||||
19 | threats, intimidation,
manipulation, or fraud perpetrated by | ||||||
20 | the abuser or by any person acting in the
interest of the | ||||||
21 | abuser.
| ||||||
22 | (e) This Section applies to actions pending on the | ||||||
23 | effective date of
this amendatory Act of 1990 as well as to | ||||||
24 | actions commenced on or after
that date. The changes made by | ||||||
25 | this amendatory Act of 1993 shall apply only
to actions | ||||||
26 | commenced on or after the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of
1993.
The changes made by this amendatory Act of the 93rd | ||||||
2 | General Assembly apply to
actions pending on the effective date
| ||||||
3 | of this amendatory Act of the 93rd General
Assembly as well as | ||||||
4 | actions commenced on or after that date.
| ||||||
5 | (Source: P.A. 93-356, eff. 7-24-03.)
| ||||||
6 | (735 ILCS 5/13-202.3) | ||||||
7 | Sec. 13-202.3. For an action arising out of an injury | ||||||
8 | caused by "sexual conduct" or "sexual penetration" as defined | ||||||
9 | in Section 11-0.1 12-12 of the Criminal Code of 1961, the | ||||||
10 | limitation period in Section 13-202 does not run during a time | ||||||
11 | period when the person injured is subject to threats, | ||||||
12 | intimidation, manipulation, or fraud perpetrated by the | ||||||
13 | perpetrator or by a person the perpetrator knew or should have | ||||||
14 | known was acting in the interest of the perpetrator. This | ||||||
15 | Section applies to causes of action arising on or after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly or to causes of action for which the limitation period | ||||||
18 | has not yet expired.
| ||||||
19 | (Source: P.A. 95-589, eff. 1-1-08.) | ||||||
20 | Section 1090. The Crime Victims Compensation Act is amended | ||||||
21 | by changing Sections 2, 6.1, and 14.1 as follows:
| ||||||
22 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
23 | Sec. 2. Definitions. As used in this Act, unless the |
| |||||||
| |||||||
1 | context
otherwise requires:
| ||||||
2 | (a) "Applicant" means any person who applies for | ||||||
3 | compensation under this
Act or any person the Court of Claims | ||||||
4 | finds is entitled to compensation,
including the guardian of a | ||||||
5 | minor or of a person under legal disability. It
includes any | ||||||
6 | person who was a dependent of a deceased victim of a crime of
| ||||||
7 | violence for his or her support at the time of the death of | ||||||
8 | that victim.
| ||||||
9 | (b) "Court of Claims" means the Court of Claims created by | ||||||
10 | the Court
of Claims Act.
| ||||||
11 | (c) "Crime of violence" means and includes any offense | ||||||
12 | defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20, | ||||||
13 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, | ||||||
14 | 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, | ||||||
15 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
16 | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1 , | ||||||
17 | or subdivision (a)(4) of Section 11-14.4, of the Criminal Code | ||||||
18 | of 1961, Sections 1(a) and 1(a-5) of the Cemetery Protection | ||||||
19 | Act, driving under
the influence of intoxicating liquor or | ||||||
20 | narcotic drugs as defined in Section
11-501 of the Illinois | ||||||
21 | Vehicle Code, and a violation of Section 11-401 of the Illinois | ||||||
22 | Vehicle Code, provided the victim was a pedestrian or was | ||||||
23 | operating a vehicle moved solely by human power or a mobility | ||||||
24 | device at the time of contact; so long as the offense did not | ||||||
25 | occur
during a civil riot, insurrection or rebellion. "Crime of | ||||||
26 | violence" does not
include any other offense or accident |
| |||||||
| |||||||
1 | involving a motor vehicle except those
vehicle offenses | ||||||
2 | specifically provided for in this paragraph. "Crime of
| ||||||
3 | violence" does include all of the offenses specifically | ||||||
4 | provided for in this
paragraph that occur within this State but | ||||||
5 | are subject to federal jurisdiction
and crimes involving | ||||||
6 | terrorism as defined in 18 U.S.C. 2331.
| ||||||
7 | (d) "Victim" means (1) a person killed or injured in this | ||||||
8 | State as a
result of a crime of violence perpetrated or | ||||||
9 | attempted against him or her,
(2) the
parent of a person killed | ||||||
10 | or injured in this State as a result of a crime of
violence | ||||||
11 | perpetrated or attempted against the person, (3) a person | ||||||
12 | killed
or injured in this State while attempting to assist a | ||||||
13 | person against whom a
crime of violence is being perpetrated or | ||||||
14 | attempted, if that attempt of
assistance would be expected of a | ||||||
15 | reasonable person under the circumstances,
(4) a person killed | ||||||
16 | or injured in this State while assisting a law
enforcement | ||||||
17 | official apprehend a person who has perpetrated a crime of
| ||||||
18 | violence or prevent the perpetration of any such crime if that
| ||||||
19 | assistance was in response to the express request of the law | ||||||
20 | enforcement
official, (5) a person who personally
witnessed a | ||||||
21 | violent crime, (5.1) solely
for the purpose of compensating for | ||||||
22 | pecuniary loss incurred for
psychological treatment of a mental | ||||||
23 | or emotional condition caused or aggravated
by the crime, any | ||||||
24 | other person under the age of 18 who is the brother, sister,
| ||||||
25 | half brother, half sister, child, or stepchild
of a person | ||||||
26 | killed or injured in
this State as a
result of a crime of |
| |||||||
| |||||||
1 | violence, (6) an Illinois resident
who is a victim of a "crime | ||||||
2 | of violence" as defined in this Act except, if
the crime | ||||||
3 | occurred outside this State, the resident has the same rights
| ||||||
4 | under this Act as if the crime had occurred in this State upon | ||||||
5 | a showing
that the state, territory, country, or political | ||||||
6 | subdivision of a country
in which the crime occurred does not | ||||||
7 | have a compensation of victims of
crimes law for which that | ||||||
8 | Illinois resident is eligible, (7) a deceased person whose body | ||||||
9 | is dismembered or whose remains are desecrated as the result of | ||||||
10 | a crime of violence, or (8) solely for the purpose of | ||||||
11 | compensating for pecuniary loss incurred for psychological | ||||||
12 | treatment of a mental or emotional condition caused or | ||||||
13 | aggravated by the crime, any parent, spouse, or child under the | ||||||
14 | age of 18 of a deceased person whose body is dismembered or | ||||||
15 | whose remains are desecrated as the result of a crime of | ||||||
16 | violence.
| ||||||
17 | (e) "Dependent" means a relative of a deceased victim who | ||||||
18 | was wholly or
partially dependent upon the victim's income at | ||||||
19 | the time of his or her
death
and shall include the child of a | ||||||
20 | victim born after his or her death.
| ||||||
21 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
22 | stepfather, stepmother,
child, grandchild, brother, | ||||||
23 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
24 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
25 | (g) "Child" means an unmarried son or daughter who is under | ||||||
26 | 18 years of
age and includes a stepchild, an adopted child or a |
| |||||||
| |||||||
1 | child born out of wedlock.
| ||||||
2 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
3 | appropriate medical
expenses and hospital expenses including | ||||||
4 | expenses of medical
examinations, rehabilitation, medically | ||||||
5 | required
nursing care expenses, appropriate
psychiatric care | ||||||
6 | or psychiatric counseling expenses, expenses for care or
| ||||||
7 | counseling by a licensed clinical psychologist, licensed | ||||||
8 | clinical social
worker, or licensed clinical professional | ||||||
9 | counselor and expenses for treatment by Christian Science | ||||||
10 | practitioners and
nursing care appropriate thereto; | ||||||
11 | transportation expenses to and from medical and treatment | ||||||
12 | facilities; prosthetic appliances, eyeglasses, and
hearing | ||||||
13 | aids necessary or damaged as a result of the
crime; replacement | ||||||
14 | costs for clothing and bedding used as evidence; costs
| ||||||
15 | associated with temporary lodging or relocation necessary as a
| ||||||
16 | result of the crime, including, but not limited to, the first | ||||||
17 | month's rent and security deposit of the dwelling that the | ||||||
18 | claimant relocated to and other reasonable relocation expenses | ||||||
19 | incurred as a result of the violent crime;
locks or windows | ||||||
20 | necessary or damaged as a result of the crime; the purchase,
| ||||||
21 | lease, or rental of equipment necessary to create usability of | ||||||
22 | and
accessibility to the victim's real and personal property, | ||||||
23 | or the real and
personal property which is used by the victim, | ||||||
24 | necessary as a result of the
crime; the costs of appropriate | ||||||
25 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
26 | of $1000 per month;
dependents replacement
services loss, to a |
| |||||||
| |||||||
1 | maximum of $1000 per month; loss of tuition paid to
attend | ||||||
2 | grammar school or high school when the victim had been enrolled | ||||||
3 | as a
student prior to the injury, or college or graduate school | ||||||
4 | when
the victim had been enrolled as a day or night student | ||||||
5 | prior to
the injury when the victim becomes unable to continue | ||||||
6 | attendance at school
as a result of the crime of violence | ||||||
7 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
8 | future earnings because of disability resulting from the
| ||||||
9 | injury, and, in addition, in the case of death, expenses for | ||||||
10 | funeral, burial, and travel and transport for survivors
of | ||||||
11 | homicide victims to secure bodies of deceased victims and to | ||||||
12 | transport
bodies for burial all of which
may not exceed a | ||||||
13 | maximum of $5,000 and loss of support of the dependents of
the | ||||||
14 | victim; in the case of dismemberment or desecration of a body, | ||||||
15 | expenses for funeral and burial, all of which may not exceed a | ||||||
16 | maximum of $5,000.
Loss of future earnings shall be reduced by | ||||||
17 | any income from substitute work
actually performed by the | ||||||
18 | victim or by income he or she would have earned
in
available | ||||||
19 | appropriate substitute work he or she was capable of performing
| ||||||
20 | but
unreasonably failed to undertake. Loss of earnings, loss of | ||||||
21 | future
earnings and loss of support shall be determined on the | ||||||
22 | basis of the
victim's average net monthly earnings for the 6 | ||||||
23 | months immediately
preceding the date of the injury or on $1000 | ||||||
24 | per month, whichever is less.
If a divorced or legally | ||||||
25 | separated applicant is claiming loss of support
for a minor | ||||||
26 | child of the deceased, the amount of support for each child
|
| |||||||
| |||||||
1 | shall be based either on the amount of support
pursuant to the | ||||||
2 | judgment prior to the date of the deceased
victim's injury or | ||||||
3 | death, or, if the subject of pending litigation filed by
or on | ||||||
4 | behalf of the divorced or legally separated applicant prior to | ||||||
5 | the
injury or death, on the result of that litigation. Real and | ||||||
6 | personal
property includes, but is not limited to, vehicles, | ||||||
7 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
8 | loss does not
include pain and suffering or property loss or | ||||||
9 | damage.
| ||||||
10 | (i) "Replacement services loss" means expenses reasonably | ||||||
11 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
12 | of those the
injured person would have performed, not for | ||||||
13 | income, but for the benefit
of himself or herself or his or her | ||||||
14 | family, if he or she had not
been injured.
| ||||||
15 | (j) "Dependents replacement services loss" means loss | ||||||
16 | reasonably incurred
by dependents or private legal guardians of | ||||||
17 | minor dependents after a victim's death in obtaining ordinary | ||||||
18 | and necessary
services in lieu of those the victim would have | ||||||
19 | performed, not for income,
but for their benefit, if he or she | ||||||
20 | had not been fatally injured.
| ||||||
21 | (k) "Survivor" means immediate family including a parent, | ||||||
22 | step-father,
step-mother, child,
brother, sister, or spouse.
| ||||||
23 | (Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
| ||||||
24 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
25 | Sec. 6.1. Right to compensation. A person is entitled to |
| |||||||
| |||||||
1 | compensation
under this Act if:
| ||||||
2 | (a) Within 2 years of the occurrence of the crime, or | ||||||
3 | within one year after a criminal indictment of a person for | ||||||
4 | an offense, upon
which the claim
is based, he files an | ||||||
5 | application, under oath, with the Court of Claims and
on a | ||||||
6 | form prescribed in accordance with Section 7.1 furnished by | ||||||
7 | the
Attorney General. If the person entitled to | ||||||
8 | compensation is under 18 years
of age or under other legal | ||||||
9 | disability at the time of the occurrence or
becomes legally | ||||||
10 | disabled as a result of the occurrence, he may file the
| ||||||
11 | application required by this subsection within 2 years | ||||||
12 | after
he attains
the age of 18 years or the disability is | ||||||
13 | removed, as the case may be. Legal disability includes a | ||||||
14 | diagnosis of posttraumatic stress disorder.
| ||||||
15 | (b) For all crimes of violence, except those listed in | ||||||
16 | subsection (b-1) of this Section, the appropriate law | ||||||
17 | enforcement officials were notified within
72 hours of the | ||||||
18 | perpetration of the crime allegedly causing the death or
| ||||||
19 | injury to the victim or, in the event such notification was | ||||||
20 | made more
than 72 hours after the perpetration of the | ||||||
21 | crime, the applicant
establishes that such notice was | ||||||
22 | timely under the circumstances.
| ||||||
23 | (b-1) For victims of offenses defined in Sections | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
25 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, the | ||||||
26 | appropriate law enforcement officials were notified within |
| |||||||
| |||||||
1 | 7 days of the perpetration of the crime allegedly causing | ||||||
2 | death or injury to the victim or, in the event that the | ||||||
3 | notification was made more than 7 days after the | ||||||
4 | perpetration of the crime, the applicant establishes that | ||||||
5 | the notice was timely under the circumstances.
If the | ||||||
6 | applicant has obtained an order of protection or a civil no | ||||||
7 | contact order or has presented himself or herself to a | ||||||
8 | hospital for sexual assault evidence collection and | ||||||
9 | medical care, such action shall constitute appropriate | ||||||
10 | notification under this subsection (b-1) or subsection (b) | ||||||
11 | of this Section.
| ||||||
12 | (c) The applicant has cooperated with law enforcement
| ||||||
13 | officials in the apprehension and prosecution of the | ||||||
14 | assailant. If the applicant has obtained an order of | ||||||
15 | protection or a civil no contact order or has presented | ||||||
16 | himself or herself to a hospital for sexual assault | ||||||
17 | evidence collection and medical care, such action shall | ||||||
18 | constitute cooperation under this subsection (c).
| ||||||
19 | (d) The applicant is not the offender or an accomplice | ||||||
20 | of the offender
and the award would not unjustly benefit | ||||||
21 | the offender or his accomplice.
| ||||||
22 | (e) The injury to or death of the victim was not | ||||||
23 | substantially attributable
to his own wrongful act and was | ||||||
24 | not substantially provoked by the victim.
| ||||||
25 | (Source: P.A. 94-192, eff. 1-1-06; 95-250, eff. 1-1-08; 95-331, | ||||||
26 | eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (740 ILCS 45/14.1) (from Ch. 70, par. 84.1)
| ||||||
2 | Sec. 14.1.
(a) Hearings shall be open to the public unless | ||||||
3 | the Court of
Claims determines that a closed hearing should be | ||||||
4 | held because:
| ||||||
5 | (1) the alleged assailant has not been brought to trial | ||||||
6 | and a public
hearing
would adversely affect either his | ||||||
7 | apprehension or his trial;
| ||||||
8 | (2) the offense allegedly perpetrated against the | ||||||
9 | victim is one defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
10 | 12-13, 12-14, or 12-14.1 of the Criminal Code
of 1961 and | ||||||
11 | the interests of the victim or of persons dependent on his
| ||||||
12 | support require that the public be excluded from the | ||||||
13 | hearing;
| ||||||
14 | (3) the victim or the alleged assailant is a minor; or
| ||||||
15 | (4) the interests of justice would be frustrated, | ||||||
16 | rather than furthered,
if the hearing were open to the | ||||||
17 | public.
| ||||||
18 | (b) A transcript shall be kept of the hearings held before | ||||||
19 | the Court of
Claims. No part of the transcript of any hearing | ||||||
20 | before the Court of Claims
may be used for any purpose in a | ||||||
21 | criminal proceeding except in the prosecution
of a person | ||||||
22 | alleged to have perjured himself in his testimony before the
| ||||||
23 | Court of Claims. A copy of the transcript may be furnished to | ||||||
24 | the applicant
upon his written request to the court reporter, | ||||||
25 | accompanied by payment of
a charge established
by the Court of |
| |||||||
| |||||||
1 | Claims in accordance with the prevailing commercial charge
for | ||||||
2 | a duplicate transcript. Where the interests of justice require, | ||||||
3 | the
Court of Claims may refuse to disclose the names of victims | ||||||
4 | or other material
in the transcript by which the identity of | ||||||
5 | the victim could be discovered.
| ||||||
6 | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| ||||||
7 | Section 1095. The Predator Accountability Act is amended by | ||||||
8 | changing Sections 10 and 15 as follows: | ||||||
9 | (740 ILCS 128/10)
| ||||||
10 | Sec. 10. Definitions. As used in this Act: | ||||||
11 | "Sex trade" means any act, which if proven beyond a | ||||||
12 | reasonable doubt could support a conviction for a violation or | ||||||
13 | attempted violation of any of the following Sections of the | ||||||
14 | Criminal Code of 1961: 11-14.3 (promoting prostitution); | ||||||
15 | 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting | ||||||
16 | for a prostitute); 11-15.1 (soliciting for a juvenile | ||||||
17 | prostitute); 11-16 (pandering); 11-17 (keeping a place of | ||||||
18 | prostitution); 11-17.1 (keeping a place of juvenile | ||||||
19 | prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and | ||||||
20 | aggravated juvenile pimping); 11-19.2 (exploitation of a | ||||||
21 | child); 11-20 (obscenity); or 11-20.1 (child pornography); or | ||||||
22 | 11-20.1B or 11-20.3 (aggravated child pornography); or Section | ||||||
23 | 10-9 of the Criminal Code of 1961 (trafficking of persons and | ||||||
24 | involuntary servitude). |
| |||||||
| |||||||
1 | "Sex trade" activity may involve adults and youth of all | ||||||
2 | genders and sexual orientations.
| ||||||
3 | "Victim of the sex trade" means, for the following sex | ||||||
4 | trade acts, the person or persons indicated: | ||||||
5 | (1) soliciting for a prostitute: the prostitute who is | ||||||
6 | the object of the solicitation; | ||||||
7 | (2) soliciting for a juvenile prostitute: the juvenile | ||||||
8 | prostitute, or severely or profoundly mentally retarded | ||||||
9 | person, who is the object of the solicitation; | ||||||
10 | (3) promoting prostitution as described in subdivision | ||||||
11 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
12 | Code of 1961, or pandering: the person intended or | ||||||
13 | compelled to act as a prostitute; | ||||||
14 | (4) keeping a place of prostitution: any person | ||||||
15 | intended or compelled to act as a prostitute, while present | ||||||
16 | at the place, during the time period in question; | ||||||
17 | (5) keeping a place of juvenile prostitution: any | ||||||
18 | juvenile intended or compelled to act as a prostitute, | ||||||
19 | while present at the place, during the time period in | ||||||
20 | question; | ||||||
21 | (6) promoting prostitution as described in subdivision | ||||||
22 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, | ||||||
23 | or pimping: the prostitute from whom anything of value is | ||||||
24 | received; | ||||||
25 | (7) promoting juvenile prostitution as described in | ||||||
26 | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961, or juvenile pimping and aggravated | ||||||
2 | juvenile pimping: the juvenile, or severely or profoundly | ||||||
3 | mentally retarded person, from whom anything of value is | ||||||
4 | received for that person's act of prostitution; | ||||||
5 | (8) promoting juvenile prostitution as described in | ||||||
6 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||||||
7 | of 1961, or exploitation of a child: the juvenile, or | ||||||
8 | severely or profoundly mentally retarded person, intended | ||||||
9 | or compelled to act as a prostitute or from whom anything | ||||||
10 | of value is received for that person's act of prostitution; | ||||||
11 | (9) obscenity: any person who appears in or is | ||||||
12 | described or depicted in the offending conduct or material; | ||||||
13 | (10) child pornography or aggravated child | ||||||
14 | pornography : any child, or severely or profoundly mentally | ||||||
15 | retarded person, who appears in or is described or depicted | ||||||
16 | in the offending conduct or material; or | ||||||
17 | (11) trafficking of persons or involuntary servitude: | ||||||
18 | a "trafficking victim" as defined in Section 10-9 of the | ||||||
19 | Criminal Code of 1961.
| ||||||
20 | (Source: P.A. 96-710, eff. 1-1-10.) | ||||||
21 | (740 ILCS 128/15)
| ||||||
22 | Sec. 15. Cause of action. | ||||||
23 | (a) Violations of this Act are actionable in civil court. | ||||||
24 | (b) A victim of the sex trade has a cause of action against | ||||||
25 | a person or entity who:
|
| |||||||
| |||||||
1 | (1) recruits, profits from, or maintains the victim in | ||||||
2 | any sex trade act; | ||||||
3 | (2) intentionally abuses, as defined in Section 103 of | ||||||
4 | the Illinois Domestic Violence Act of 1986, or causes | ||||||
5 | bodily harm, as defined in Section 11-0.1 12-12 of the | ||||||
6 | Criminal Code of 1961, to the victim in any sex trade act; | ||||||
7 | or
| ||||||
8 | (3) knowingly advertises or publishes advertisements | ||||||
9 | for purposes of recruitment into sex trade activity. | ||||||
10 | (c) This Section shall not be construed to create liability | ||||||
11 | to any person or entity who provides goods or services to the | ||||||
12 | general public, who also provides those goods or services to | ||||||
13 | persons who would be liable under subsection (b) of this | ||||||
14 | Section, absent a showing that the person or entity either:
| ||||||
15 | (1) knowingly markets or provides its goods or services | ||||||
16 | primarily to persons or entities liable under subsection | ||||||
17 | (b) of this Section;
| ||||||
18 | (2) knowingly receives a higher level of compensation | ||||||
19 | from persons or entities liable under subsection (b) of | ||||||
20 | this Section than it generally receives from customers; or | ||||||
21 | (3) supervises or exercises control over persons or | ||||||
22 | entities liable under subsection (b) of this Section.
| ||||||
23 | (Source: P.A. 94-998, eff. 7-3-06.) | ||||||
24 | Section 1100. The Illinois Marriage and Dissolution of | ||||||
25 | Marriage Act is amended by changing Section 503 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 5/503) (from Ch. 40, par. 503)
| ||||||
2 | Sec. 503. Disposition of property.
| ||||||
3 | (a) For purposes of this Act, "marital property" means all | ||||||
4 | property acquired
by either spouse subsequent to the marriage, | ||||||
5 | except the following, which is
known as "non-marital property":
| ||||||
6 | (1) property acquired by gift, legacy or descent;
| ||||||
7 | (2) property acquired in exchange for property | ||||||
8 | acquired before the
marriage or in exchange for property | ||||||
9 | acquired by gift, legacy or descent;
| ||||||
10 | (3) property acquired by a spouse after a judgment of | ||||||
11 | legal separation;
| ||||||
12 | (4) property excluded by valid agreement of the | ||||||
13 | parties;
| ||||||
14 | (5) any judgment or property obtained by judgment | ||||||
15 | awarded to a spouse
from the other spouse;
| ||||||
16 | (6) property acquired before the marriage;
| ||||||
17 | (7) the increase in value of property acquired by a | ||||||
18 | method listed in
paragraphs (1) through (6) of this | ||||||
19 | subsection, irrespective of whether the
increase results | ||||||
20 | from a contribution of marital property, non-marital | ||||||
21 | property,
the personal effort of a spouse, or otherwise, | ||||||
22 | subject to the right of
reimbursement provided in | ||||||
23 | subsection (c) of this Section; and
| ||||||
24 | (8) income from property acquired by a method listed in | ||||||
25 | paragraphs (1)
through (7) of this subsection if the income |
| |||||||
| |||||||
1 | is not attributable to the
personal effort of a spouse.
| ||||||
2 | (b)(1) For purposes of distribution of property pursuant to | ||||||
3 | this
Section, all property acquired by either spouse after the | ||||||
4 | marriage and before a
judgment of dissolution of marriage or | ||||||
5 | declaration of invalidity of marriage,
including non-marital | ||||||
6 | property transferred into some form of co-ownership
between the | ||||||
7 | spouses, is presumed to be marital property, regardless of | ||||||
8 | whether
title is held individually or by the spouses in some | ||||||
9 | form of co-ownership such
as joint tenancy, tenancy in common, | ||||||
10 | tenancy by the entirety, or community
property. The presumption | ||||||
11 | of marital property is overcome by a showing that
the property | ||||||
12 | was acquired by a method listed in subsection (a) of this | ||||||
13 | Section.
| ||||||
14 | (2) For purposes of distribution of property pursuant to | ||||||
15 | this Section,
all pension benefits (including pension benefits | ||||||
16 | under the Illinois Pension
Code) acquired by either spouse | ||||||
17 | after the marriage and before a judgment of
dissolution of | ||||||
18 | marriage or declaration of invalidity of the marriage are
| ||||||
19 | presumed to be marital property, regardless of which spouse | ||||||
20 | participates in the
pension plan. The presumption that these | ||||||
21 | pension benefits are marital property
is overcome by a showing | ||||||
22 | that the pension benefits were acquired by a method
listed in | ||||||
23 | subsection (a) of this Section. The right to a division of | ||||||
24 | pension
benefits in just proportions under this Section is | ||||||
25 | enforceable under Section
1-119 of the Illinois Pension Code.
| ||||||
26 | The value of pension benefits in a retirement system |
| |||||||
| |||||||
1 | subject to the Illinois
Pension Code shall be determined in | ||||||
2 | accordance with the valuation procedures
established by the | ||||||
3 | retirement system.
| ||||||
4 | The recognition of pension benefits as marital property and | ||||||
5 | the division of
those benefits pursuant to a Qualified Illinois | ||||||
6 | Domestic Relations Order shall
not be deemed to be a | ||||||
7 | diminishment, alienation, or impairment of those
benefits. The | ||||||
8 | division of pension benefits is an allocation of property in
| ||||||
9 | which each spouse has a species of common ownership.
| ||||||
10 | (3) For purposes of distribution of property under this | ||||||
11 | Section, all stock
options granted to either spouse after the | ||||||
12 | marriage and before a judgment of
dissolution of marriage or | ||||||
13 | declaration of invalidity of marriage, whether
vested or | ||||||
14 | non-vested or whether their value is ascertainable, are | ||||||
15 | presumed to
be marital property. This presumption of marital | ||||||
16 | property is overcome by a
showing that the stock options were | ||||||
17 | acquired by a method listed in subsection
(a) of this Section. | ||||||
18 | The court shall allocate stock options between the
parties at | ||||||
19 | the time of the judgment of dissolution of marriage or | ||||||
20 | declaration
of invalidity of marriage recognizing that the | ||||||
21 | value of the stock options may
not be then determinable and | ||||||
22 | that the actual division of the options may not
occur until a | ||||||
23 | future date. In making the allocation between the parties, the
| ||||||
24 | court shall consider, in addition to the factors set forth in | ||||||
25 | subsection (d) of
this Section, the following:
| ||||||
26 | (i) All circumstances underlying the grant of the stock |
| |||||||
| |||||||
1 | option including
but not limited to whether the grant was | ||||||
2 | for past, present, or future efforts,
or any combination | ||||||
3 | thereof.
| ||||||
4 | (ii) The length of time from the grant of the option to | ||||||
5 | the time the
option is exercisable.
| ||||||
6 | (c) Commingled marital and non-marital property shall be | ||||||
7 | treated in
the following manner, unless otherwise agreed by the | ||||||
8 | spouses:
| ||||||
9 | (1) When marital and non-marital property are | ||||||
10 | commingled by contributing
one estate of property into | ||||||
11 | another resulting in a loss of identity of the
contributed | ||||||
12 | property, the classification of the contributed property | ||||||
13 | is
transmuted to the estate receiving the contribution, | ||||||
14 | subject to the provisions
of paragraph (2) of this | ||||||
15 | subsection; provided that if marital and non-marital
| ||||||
16 | property are commingled into newly acquired property | ||||||
17 | resulting in a loss
of identity of the contributing | ||||||
18 | estates, the commingled property shall be
deemed | ||||||
19 | transmuted to marital property, subject to the provisions | ||||||
20 | of paragraph
(2) of this subsection.
| ||||||
21 | (2) When one estate of property makes a contribution to | ||||||
22 | another estate
of property, or when a spouse contributes | ||||||
23 | personal effort to non-marital
property, the contributing | ||||||
24 | estate shall be reimbursed from the estate receiving
the | ||||||
25 | contribution notwithstanding any transmutation; provided, | ||||||
26 | that no such
reimbursement shall be made with respect to a |
| |||||||
| |||||||
1 | contribution which is not
retraceable by clear and | ||||||
2 | convincing evidence, or was a gift, or, in the
case of a | ||||||
3 | contribution of personal effort of a spouse to non-marital | ||||||
4 | property,
unless the effort is significant and results in | ||||||
5 | substantial appreciation
of the non-marital property. | ||||||
6 | Personal effort of a spouse shall be deemed
a contribution | ||||||
7 | by the marital estate. The court may provide for | ||||||
8 | reimbursement
out of the marital property to be divided or | ||||||
9 | by imposing a lien against the
non-marital property which | ||||||
10 | received the contribution.
| ||||||
11 | (d) In a proceeding for dissolution of marriage or | ||||||
12 | declaration of invalidity
of marriage, or in a proceeding for | ||||||
13 | disposition of property following
dissolution of marriage by a | ||||||
14 | court which lacked personal jurisdiction over the
absent spouse | ||||||
15 | or lacked jurisdiction to dispose of the property, the court
| ||||||
16 | shall assign each spouse's non-marital property to that spouse. | ||||||
17 | It also shall
divide the marital property without regard to | ||||||
18 | marital misconduct in just
proportions considering all | ||||||
19 | relevant factors, including:
| ||||||
20 | (1) the contribution of each party to the acquisition, | ||||||
21 | preservation, or
increase or decrease in value of the | ||||||
22 | marital or non-marital property, including
(i) any such | ||||||
23 | decrease attributable to a payment deemed to have been an | ||||||
24 | advance from the parties' marital estate under subsection | ||||||
25 | (c-1)(2) of Section 501 and (ii) the contribution of a | ||||||
26 | spouse as a homemaker or to the family unit;
|
| |||||||
| |||||||
1 | (2) the dissipation by each party of the marital or | ||||||
2 | non-marital property;
| ||||||
3 | (3) the value of the property assigned to each spouse;
| ||||||
4 | (4) the duration of the marriage;
| ||||||
5 | (5) the relevant economic circumstances of each spouse | ||||||
6 | when the division
of property is to become effective, | ||||||
7 | including the desirability of awarding
the family home, or | ||||||
8 | the right to live therein for reasonable periods, to the
| ||||||
9 | spouse having custody of the children;
| ||||||
10 | (6) any obligations and rights arising from a prior | ||||||
11 | marriage
of either party;
| ||||||
12 | (7) any antenuptial agreement of the parties;
| ||||||
13 | (8) the age, health, station, occupation, amount and | ||||||
14 | sources of income,
vocational skills, employability, | ||||||
15 | estate, liabilities, and needs of each of the
parties;
| ||||||
16 | (9) the custodial provisions for any children;
| ||||||
17 | (10) whether the apportionment is in lieu of or in | ||||||
18 | addition to
maintenance;
| ||||||
19 | (11) the reasonable opportunity of each spouse for | ||||||
20 | future acquisition
of capital assets and income; and
| ||||||
21 | (12) the tax consequences of the property division upon | ||||||
22 | the
respective economic circumstances of the parties.
| ||||||
23 | (e) Each spouse has a species of common ownership in the | ||||||
24 | marital property
which vests at the time dissolution | ||||||
25 | proceedings are commenced and continues
only during the | ||||||
26 | pendency of the action. Any such interest in marital property
|
| |||||||
| |||||||
1 | shall not encumber that property so as to restrict its | ||||||
2 | transfer, assignment
or conveyance by the title holder unless | ||||||
3 | such title holder is specifically
enjoined from making such | ||||||
4 | transfer, assignment or conveyance.
| ||||||
5 | (f) In a proceeding for dissolution of marriage or | ||||||
6 | declaration of
invalidity of marriage or in a proceeding for | ||||||
7 | disposition of property
following dissolution of marriage by a | ||||||
8 | court that lacked personal
jurisdiction over the absent spouse | ||||||
9 | or lacked jurisdiction to dispose of
the property, the court, | ||||||
10 | in determining the value of the marital and
non-marital | ||||||
11 | property for purposes of dividing the property, shall value the
| ||||||
12 | property as of the date of trial or some other date as close to | ||||||
13 | the date
of trial as is practicable.
| ||||||
14 | (g) The court if necessary to protect and promote the best | ||||||
15 | interests of the
children may set aside a portion of the | ||||||
16 | jointly or separately held
estates of the parties in a separate | ||||||
17 | fund or trust for the support,
maintenance, education, physical | ||||||
18 | and mental health, and general welfare of any minor, dependent,
| ||||||
19 | or incompetent child of the parties. In making a determination | ||||||
20 | under this
subsection, the court may consider, among other | ||||||
21 | things, the conviction of a
party of any of the offenses set | ||||||
22 | forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
23 | 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||||||
24 | 12-15, or 12-16 of the Criminal Code of 1961 if the
victim is a
| ||||||
25 | child of one or both of the parties, and there is a need for, | ||||||
26 | and cost of,
care, healing and counseling for the child who is |
| |||||||
| |||||||
1 | the victim of the crime.
| ||||||
2 | (h) Unless specifically directed by a reviewing court, or | ||||||
3 | upon good
cause shown, the court shall not on remand consider | ||||||
4 | any increase or
decrease in the value of any "marital" or | ||||||
5 | "non-marital" property occurring
since the assessment of such | ||||||
6 | property at the original trial or hearing, but
shall use only | ||||||
7 | that assessment made at the original trial or hearing.
| ||||||
8 | (i) The court may make such judgments affecting the marital | ||||||
9 | property
as may be just and may enforce such judgments by | ||||||
10 | ordering a sale of marital
property, with proceeds therefrom to | ||||||
11 | be applied as determined by the court.
| ||||||
12 | (j) After proofs have closed in the final hearing on all | ||||||
13 | other issues
between the parties (or in conjunction with the | ||||||
14 | final hearing, if all parties
so stipulate) and before judgment | ||||||
15 | is entered, a party's petition for
contribution to fees and | ||||||
16 | costs incurred in the proceeding shall be heard and
decided, in | ||||||
17 | accordance with the following provisions:
| ||||||
18 | (1) A petition for contribution, if not filed before | ||||||
19 | the final hearing
on other issues between the parties, | ||||||
20 | shall be filed no later than 30 days after
the closing of | ||||||
21 | proofs in the final hearing or within such other period as | ||||||
22 | the
court orders.
| ||||||
23 | (2) Any award of contribution to one party from the | ||||||
24 | other party shall be
based on the criteria for division of | ||||||
25 | marital property under this Section 503
and, if maintenance | ||||||
26 | has been awarded, on the criteria for an award of
|
| |||||||
| |||||||
1 | maintenance under Section 504.
| ||||||
2 | (3) The filing of a petition for contribution shall not | ||||||
3 | be deemed to
constitute a waiver of the attorney-client | ||||||
4 | privilege between the petitioning
party and current or | ||||||
5 | former counsel; and such a waiver shall not constitute a
| ||||||
6 | prerequisite to a hearing for contribution. If either | ||||||
7 | party's presentation on
contribution, however, includes | ||||||
8 | evidence within the scope of the
attorney-client | ||||||
9 | privilege, the disclosure or disclosures shall be narrowly
| ||||||
10 | construed and shall not be deemed by the court to | ||||||
11 | constitute a general waiver
of the privilege as to matters | ||||||
12 | beyond the scope of the presentation.
| ||||||
13 | (4) No finding on which a contribution award is based | ||||||
14 | or denied shall be
asserted against counsel or former | ||||||
15 | counsel for purposes of any hearing under
subsection (c) or | ||||||
16 | (e) of Section 508.
| ||||||
17 | (5) A contribution award (payable to either the | ||||||
18 | petitioning
party or the party's counsel, or jointly, as | ||||||
19 | the court determines) may be in
the form of either a set | ||||||
20 | dollar amount or a percentage of fees and costs (or a
| ||||||
21 | portion of fees and costs) to be subsequently agreed upon | ||||||
22 | by the petitioning
party and counsel or, alternatively, | ||||||
23 | thereafter determined in a hearing
pursuant to subsection | ||||||
24 | (c) of Section 508 or previously or thereafter
determined | ||||||
25 | in an independent proceeding under subsection (e) of | ||||||
26 | Section
508.
|
| |||||||
| |||||||
1 | (6) The changes to this Section 503 made by this | ||||||
2 | amendatory Act of 1996
apply to cases pending on or after | ||||||
3 | June 1, 1997, except as otherwise provided
in Section 508.
| ||||||
4 | (Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
| ||||||
5 | Section 1105. The Illinois Parentage Act of 1984 is amended | ||||||
6 | by changing Section 6.5 as follows: | ||||||
7 | (750 ILCS 45/6.5) | ||||||
8 | Sec. 6.5. Custody or visitation by sex offender prohibited.
| ||||||
9 | A person found to be the father of a child under this Act, and | ||||||
10 | who has been convicted of or who has pled guilty to a violation | ||||||
11 | of Section 11-11 (sexual relations within families), Section | ||||||
12 | 11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or | ||||||
13 | 12-14 (aggravated criminal sexual assault), Section 11-1.40 or | ||||||
14 | 12-14.1 (predatory criminal sexual assault of a child), Section | ||||||
15 | 11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or | ||||||
16 | 12-16 (aggravated criminal sexual abuse) of the Criminal Code | ||||||
17 | of 1961 for his conduct in fathering that child, shall not be | ||||||
18 | entitled to custody of or visitation with that child without | ||||||
19 | the consent of the mother or guardian, other than the father of | ||||||
20 | the child who has been convicted of or pled guilty to one of | ||||||
21 | the offenses listed in this Section, or, in cases where the | ||||||
22 | mother is a minor, the guardian of the mother of the child. | ||||||
23 | Notwithstanding any other provision of this Act, nothing in | ||||||
24 | this Section shall be construed to relieve the father of any |
| |||||||
| |||||||
1 | support and maintenance obligations to the child under this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 94-928, eff. 6-26-06.) | ||||||
4 | Section 1110. The Adoption Act is amended by changing | ||||||
5 | Section 1 as follows:
| ||||||
6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
7 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
8 | context
otherwise requires:
| ||||||
9 | A. "Child" means a person under legal age subject to | ||||||
10 | adoption under
this Act.
| ||||||
11 | B. "Related child" means a child subject to adoption where | ||||||
12 | either or both of
the adopting parents stands in any of the | ||||||
13 | following relationships to the child
by blood or marriage: | ||||||
14 | parent, grand-parent, brother, sister, step-parent,
| ||||||
15 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
16 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
17 | whose parent has executed
a final irrevocable consent to | ||||||
18 | adoption or a final irrevocable surrender
for purposes of | ||||||
19 | adoption, or whose parent has had his or her parental rights
| ||||||
20 | terminated, is not a related child to that person, unless the | ||||||
21 | consent is
determined to be void or is void pursuant to | ||||||
22 | subsection O of Section 10.
| ||||||
23 | C. "Agency" for the purpose of this Act means a public | ||||||
24 | child welfare agency
or a licensed child welfare agency.
|
| |||||||
| |||||||
1 | D. "Unfit person" means any person whom the court shall | ||||||
2 | find to be unfit
to have a child, without regard to the | ||||||
3 | likelihood that the child will be
placed for adoption. The | ||||||
4 | grounds of unfitness are any one or more
of the following, | ||||||
5 | except that a person shall not be considered an unfit
person | ||||||
6 | for the sole reason that the person has relinquished a child in
| ||||||
7 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
8 | (a) Abandonment of the child.
| ||||||
9 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
10 | (a-2) Abandonment of a newborn infant in any setting | ||||||
11 | where the evidence
suggests that the parent intended to | ||||||
12 | relinquish his or her parental rights.
| ||||||
13 | (b) Failure to maintain a reasonable degree of | ||||||
14 | interest, concern or
responsibility as to the child's | ||||||
15 | welfare.
| ||||||
16 | (c) Desertion of the child for more than 3 months next | ||||||
17 | preceding the
commencement of the Adoption proceeding.
| ||||||
18 | (d) Substantial neglect
of the
child if continuous or | ||||||
19 | repeated.
| ||||||
20 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
21 | of any child
residing in the household which resulted in | ||||||
22 | the death of that child.
| ||||||
23 | (e) Extreme or repeated cruelty to the child.
| ||||||
24 | (f) There is a rebuttable presumption, which can be | ||||||
25 | overcome only by clear and convincing evidence, that a | ||||||
26 | parent is unfit if:
|
| |||||||
| |||||||
1 | (1) Two or more findings of physical abuse have | ||||||
2 | been entered regarding any children under Section 2-21 | ||||||
3 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
4 | which was determined by the juvenile court
hearing the | ||||||
5 | matter to be supported by clear and convincing | ||||||
6 | evidence; or | ||||||
7 | (2) The parent has been convicted or found not | ||||||
8 | guilty by reason of insanity and the conviction or | ||||||
9 | finding resulted from the death of any child by | ||||||
10 | physical abuse; or
| ||||||
11 | (3) There is a finding of physical child abuse | ||||||
12 | resulting from the death of any
child under Section | ||||||
13 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
14 | No conviction or finding of delinquency pursuant | ||||||
15 | to Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
16 | considered a criminal conviction for the purpose of | ||||||
17 | applying any presumption under this item (f).
| ||||||
18 | (g) Failure to protect the child from conditions within | ||||||
19 | his environment
injurious to the child's welfare.
| ||||||
20 | (h) Other neglect of, or misconduct toward the child; | ||||||
21 | provided that in
making a finding of unfitness the court | ||||||
22 | hearing the adoption proceeding
shall not be bound by any | ||||||
23 | previous finding, order or judgment affecting
or | ||||||
24 | determining the rights of the parents toward the child | ||||||
25 | sought to be adopted
in any other proceeding except such | ||||||
26 | proceedings terminating parental rights
as shall be had |
| |||||||
| |||||||
1 | under either this Act, the Juvenile Court Act or
the | ||||||
2 | Juvenile Court Act of 1987.
| ||||||
3 | (i) Depravity. Conviction of any one of the following
| ||||||
4 | crimes shall create a presumption that a parent is depraved | ||||||
5 | which can be
overcome only by clear and convincing | ||||||
6 | evidence:
(1) first degree murder in violation of paragraph | ||||||
7 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
8 | Code of 1961 or conviction
of second degree murder in | ||||||
9 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
10 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
11 | first degree murder or second degree murder of any child in
| ||||||
12 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
13 | conspiracy to commit first degree murder or second degree | ||||||
14 | murder
of any child in violation of the Criminal Code of | ||||||
15 | 1961; (4)
solicitation to commit murder of any child, | ||||||
16 | solicitation to
commit murder of any child for hire, or | ||||||
17 | solicitation to commit second
degree murder of any child in | ||||||
18 | violation of the Criminal Code of 1961; (5)
predatory | ||||||
19 | criminal sexual assault of a child in violation of
Section | ||||||
20 | 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) | ||||||
21 | heinous battery of any child in violation of the Criminal | ||||||
22 | Code of 1961; or (7) aggravated battery of any child in | ||||||
23 | violation of the Criminal Code of 1961.
| ||||||
24 | There is a rebuttable presumption that a parent is | ||||||
25 | depraved if the parent
has been criminally convicted of at | ||||||
26 | least 3 felonies under the laws of this
State or any other |
| |||||||
| |||||||
1 | state, or under federal law, or the criminal laws of any
| ||||||
2 | United States territory; and at least
one of these
| ||||||
3 | convictions took place within 5 years of the filing of the | ||||||
4 | petition or motion
seeking termination of parental rights.
| ||||||
5 | There is a rebuttable presumption that a parent is | ||||||
6 | depraved if that
parent
has
been criminally convicted of | ||||||
7 | either first or second degree murder of any person
as | ||||||
8 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
9 | filing date of
the petition or motion to terminate parental | ||||||
10 | rights. | ||||||
11 | No conviction or finding of delinquency pursuant to | ||||||
12 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
13 | considered a criminal conviction for the purpose of | ||||||
14 | applying any presumption under this item (i).
| ||||||
15 | (j) Open and notorious adultery or fornication.
| ||||||
16 | (j-1) (Blank).
| ||||||
17 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
18 | than those
prescribed by a physician, for at least one year | ||||||
19 | immediately
prior to the commencement of the unfitness | ||||||
20 | proceeding.
| ||||||
21 | There is a rebuttable presumption that a parent is | ||||||
22 | unfit under this
subsection
with respect to any child to | ||||||
23 | which that parent gives birth where there is a
confirmed
| ||||||
24 | test result that at birth the child's blood, urine, or | ||||||
25 | meconium contained any
amount of a controlled substance as | ||||||
26 | defined in subsection (f) of Section 102 of
the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act or metabolites of such | ||||||
2 | substances, the
presence of which in the newborn infant was | ||||||
3 | not the result of medical treatment
administered to the | ||||||
4 | mother or the newborn infant; and the biological mother of
| ||||||
5 | this child is the biological mother of at least one other | ||||||
6 | child who was
adjudicated a neglected minor under | ||||||
7 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
8 | 1987.
| ||||||
9 | (l) Failure to demonstrate a reasonable degree of | ||||||
10 | interest, concern or
responsibility as to the welfare of a | ||||||
11 | new born child during the first 30
days after its birth.
| ||||||
12 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
13 | to correct the
conditions that were the basis for the | ||||||
14 | removal of the child from the
parent, or (ii) to make | ||||||
15 | reasonable progress toward the return of the child
to
the | ||||||
16 | parent within 9 months after an adjudication of neglected | ||||||
17 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
18 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
19 | or (iii) to make reasonable progress
toward the return of | ||||||
20 | the
child to the parent during any 9-month period after the | ||||||
21 | end of the initial
9-month period following the | ||||||
22 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
23 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
24 | Section 2-4 of that Act.
If a service plan has been | ||||||
25 | established as
required under
Section 8.2 of the Abused and | ||||||
26 | Neglected Child Reporting Act to correct the
conditions |
| |||||||
| |||||||
1 | that were the basis for the removal of the child from the | ||||||
2 | parent
and if those services were available,
then, for | ||||||
3 | purposes of this Act, "failure to make reasonable progress | ||||||
4 | toward the
return of the child to the parent" includes (I) | ||||||
5 | the parent's failure to
substantially fulfill his or her | ||||||
6 | obligations under the
service plan and correct the | ||||||
7 | conditions that brought the child into care
within 9 months | ||||||
8 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
9 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
10 | substantially fulfill his or her obligations
under
the | ||||||
11 | service plan and correct the conditions that brought the | ||||||
12 | child into care
during any 9-month period after the end of | ||||||
13 | the initial 9-month period
following the adjudication | ||||||
14 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
15 | Notwithstanding any other provision, when a petition or | ||||||
16 | motion seeks to terminate parental rights on the basis of | ||||||
17 | item (iii) of this subsection (m), the petitioner shall | ||||||
18 | file with the court and serve on the parties a pleading | ||||||
19 | that specifies the 9-month period or periods relied on. The | ||||||
20 | pleading shall be filed and served on the parties no later | ||||||
21 | than 3 weeks before the date set by the court for closure | ||||||
22 | of discovery, and the allegations in the pleading shall be | ||||||
23 | treated as incorporated into the petition or motion. | ||||||
24 | Failure of a respondent to file a written denial of the | ||||||
25 | allegations in the pleading shall not be treated as an | ||||||
26 | admission that the allegations are true.
|
| |||||||
| |||||||
1 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
2 | child
has been in foster care for 15 months out of any 22 | ||||||
3 | month period which begins
on or after the effective date of | ||||||
4 | this amendatory Act of 1998 unless the
child's parent can | ||||||
5 | prove
by a preponderance of the evidence that it is more | ||||||
6 | likely than not that it will
be in the best interests of | ||||||
7 | the child to be returned to the parent within 6
months of | ||||||
8 | the date on which a petition for termination of parental | ||||||
9 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
10 | 15 month time limit is tolled
during
any period for which | ||||||
11 | there is a court finding that the appointed custodian or
| ||||||
12 | guardian failed to make reasonable efforts to reunify the | ||||||
13 | child with his or her
family, provided that (i) the finding | ||||||
14 | of no reasonable efforts is made within
60 days of the | ||||||
15 | period when reasonable efforts were not made or (ii) the | ||||||
16 | parent
filed a motion requesting a finding of no reasonable | ||||||
17 | efforts within 60 days of
the period when reasonable | ||||||
18 | efforts were not made. For purposes of this
subdivision | ||||||
19 | (m-1), the date of entering foster care is the earlier of: | ||||||
20 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
21 | hearing that the child is an abused,
neglected, or | ||||||
22 | dependent minor; or (ii) 60 days after the date on which | ||||||
23 | the
child is removed from his or her parent, guardian, or | ||||||
24 | legal custodian.
| ||||||
25 | (n) Evidence of intent to forgo his or her parental | ||||||
26 | rights,
whether or
not the child is a ward of the court, |
| |||||||
| |||||||
1 | (1) as manifested
by his or her failure for a period of 12 | ||||||
2 | months: (i) to visit the child,
(ii) to communicate with | ||||||
3 | the child or agency, although able to do so and
not | ||||||
4 | prevented from doing so by an agency or by court order, or | ||||||
5 | (iii) to
maintain contact with or plan for the future of | ||||||
6 | the child, although physically
able to do so, or (2) as | ||||||
7 | manifested by the father's failure, where he
and the mother | ||||||
8 | of the child were unmarried to each other at the time of | ||||||
9 | the
child's birth, (i) to commence legal proceedings to | ||||||
10 | establish his paternity
under the Illinois Parentage Act of | ||||||
11 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
12 | within 30 days of being informed, pursuant to Section 12a
| ||||||
13 | of this Act, that he is the father or the likely father of | ||||||
14 | the child or,
after being so informed where the child is | ||||||
15 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
16 | to make a good faith effort to pay a reasonable
amount of | ||||||
17 | the expenses related to the birth of the child and to | ||||||
18 | provide a
reasonable amount for the financial support of | ||||||
19 | the child, the court to
consider in its determination all | ||||||
20 | relevant circumstances, including the
financial condition | ||||||
21 | of both parents; provided that the ground for
termination | ||||||
22 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
23 | available where the petition is brought by the mother or | ||||||
24 | the husband of
the mother.
| ||||||
25 | Contact or communication by a parent with his or her | ||||||
26 | child that does not
demonstrate affection and concern does |
| |||||||
| |||||||
1 | not constitute reasonable contact
and planning under | ||||||
2 | subdivision (n). In the absence of evidence to the
| ||||||
3 | contrary, the ability to visit, communicate, maintain | ||||||
4 | contact, pay
expenses and plan for the future shall be | ||||||
5 | presumed. The subjective intent
of the parent, whether | ||||||
6 | expressed or otherwise, unsupported by evidence of
the | ||||||
7 | foregoing parental acts manifesting that intent, shall not | ||||||
8 | preclude a
determination that the parent has intended to | ||||||
9 | forgo his or her
parental
rights. In making this | ||||||
10 | determination, the court may consider but shall not
require | ||||||
11 | a showing of diligent efforts by an authorized agency to | ||||||
12 | encourage
the parent to perform the acts specified in | ||||||
13 | subdivision (n).
| ||||||
14 | It shall be an affirmative defense to any allegation | ||||||
15 | under paragraph
(2) of this subsection that the father's | ||||||
16 | failure was due to circumstances
beyond his control or to | ||||||
17 | impediments created by the mother or any other
person | ||||||
18 | having legal custody. Proof of that fact need only be by a
| ||||||
19 | preponderance of the evidence.
| ||||||
20 | (o) Repeated or continuous failure by the parents, | ||||||
21 | although physically
and financially able, to provide the | ||||||
22 | child with adequate food, clothing,
or shelter.
| ||||||
23 | (p) Inability to discharge parental responsibilities | ||||||
24 | supported by
competent evidence from a psychiatrist, | ||||||
25 | licensed clinical social
worker, or clinical psychologist | ||||||
26 | of mental
impairment, mental illness or mental retardation |
| |||||||
| |||||||
1 | as defined in Section
1-116 of the Mental Health and | ||||||
2 | Developmental Disabilities Code, or
developmental | ||||||
3 | disability as defined in Section 1-106 of that Code, and
| ||||||
4 | there is sufficient justification to believe that the | ||||||
5 | inability to
discharge parental responsibilities shall | ||||||
6 | extend beyond a reasonable
time period. However, this | ||||||
7 | subdivision (p) shall not be construed so as to
permit a | ||||||
8 | licensed clinical social worker to conduct any medical | ||||||
9 | diagnosis to
determine mental illness or mental | ||||||
10 | impairment.
| ||||||
11 | (q) (Blank).
| ||||||
12 | (r) The child is in the temporary custody or | ||||||
13 | guardianship of the
Department of Children and Family | ||||||
14 | Services, the parent is incarcerated as a
result of | ||||||
15 | criminal conviction at the time the petition or motion for
| ||||||
16 | termination of parental rights is filed, prior to | ||||||
17 | incarceration the parent had
little or no contact with the | ||||||
18 | child or provided little or no support for the
child, and | ||||||
19 | the parent's incarceration will prevent the parent from | ||||||
20 | discharging
his or her parental responsibilities for the | ||||||
21 | child for a period in excess of 2
years after the filing of | ||||||
22 | the petition or motion for termination of parental
rights.
| ||||||
23 | (s) The child is in the temporary custody or | ||||||
24 | guardianship of the
Department of Children and Family | ||||||
25 | Services, the parent is incarcerated at the
time the | ||||||
26 | petition or motion for termination of parental rights is |
| |||||||
| |||||||
1 | filed, the
parent has been repeatedly incarcerated as a | ||||||
2 | result of criminal convictions,
and the parent's repeated | ||||||
3 | incarceration has prevented the parent from
discharging | ||||||
4 | his or her parental responsibilities for the child.
| ||||||
5 | (t) A finding that at birth the child's blood,
urine, | ||||||
6 | or meconium contained any amount of a controlled substance | ||||||
7 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
8 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
9 | substance, with the exception of
controlled substances or | ||||||
10 | metabolites of such substances, the presence of which
in | ||||||
11 | the newborn infant was the result of medical treatment | ||||||
12 | administered to the
mother or the newborn infant, and that | ||||||
13 | the biological mother of this child is
the biological | ||||||
14 | mother of at least one other child who was adjudicated a
| ||||||
15 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
16 | Juvenile Court Act
of 1987, after which the biological | ||||||
17 | mother had the opportunity to enroll in
and participate in | ||||||
18 | a clinically appropriate substance abuse
counseling, | ||||||
19 | treatment, and rehabilitation program.
| ||||||
20 | E. "Parent" means the father or mother of a lawful child of | ||||||
21 | the parties or child born out of wedlock. For the purpose of | ||||||
22 | this Act, a person who has executed a final and
irrevocable | ||||||
23 | consent to adoption or a final and irrevocable surrender for
| ||||||
24 | purposes of adoption, or whose parental rights have been | ||||||
25 | terminated by a
court, is not a parent of the child who was the | ||||||
26 | subject of the consent or
surrender, unless the consent is void |
| |||||||
| |||||||
1 | pursuant to subsection O of Section 10.
| ||||||
2 | F. A person is available for adoption when the person is:
| ||||||
3 | (a) a child who has been surrendered for adoption to an | ||||||
4 | agency and to
whose adoption the agency has thereafter | ||||||
5 | consented;
| ||||||
6 | (b) a child to whose adoption a person authorized by | ||||||
7 | law, other than his
parents, has consented, or to whose | ||||||
8 | adoption no consent is required pursuant
to Section 8 of | ||||||
9 | this Act;
| ||||||
10 | (c) a child who is in the custody of persons who intend | ||||||
11 | to adopt him
through placement made by his parents;
| ||||||
12 | (c-1) a child for whom a parent has signed a specific | ||||||
13 | consent pursuant
to subsection O of Section 10;
| ||||||
14 | (d) an adult who meets the conditions set forth in | ||||||
15 | Section 3 of this
Act; or
| ||||||
16 | (e) a child who has been relinquished as defined in | ||||||
17 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
18 | A person who would otherwise be available for adoption | ||||||
19 | shall not be
deemed unavailable for adoption solely by reason | ||||||
20 | of his or her death.
| ||||||
21 | G. The singular includes the plural and the plural includes
| ||||||
22 | the singular and the "male" includes the "female", as the | ||||||
23 | context of this
Act may require.
| ||||||
24 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
25 | does not
prove successful and it becomes necessary for the | ||||||
26 | child to be removed from
placement before the adoption is |
| |||||||
| |||||||
1 | finalized.
| ||||||
2 | I. "Foreign placing agency" is an agency or individual | ||||||
3 | operating in a
country or territory outside the United States | ||||||
4 | that is authorized by its
country to place children for | ||||||
5 | adoption either directly with families in the
United States or | ||||||
6 | through United States based international agencies.
| ||||||
7 | J. "Immediate relatives" means the biological parents, the | ||||||
8 | parents of
the biological parents and siblings of the | ||||||
9 | biological parents.
| ||||||
10 | K. "Intercountry adoption" is a process by which a child | ||||||
11 | from a country
other than the United States is adopted.
| ||||||
12 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
13 | the
Department of Children and Family Services appointed by the | ||||||
14 | Director to
coordinate the provision of services by the public | ||||||
15 | and private sector to
prospective parents of foreign-born | ||||||
16 | children.
| ||||||
17 | M. "Interstate Compact on the Placement of Children" is a | ||||||
18 | law enacted by
most states for the purpose of establishing | ||||||
19 | uniform procedures for handling
the interstate placement of | ||||||
20 | children in foster homes, adoptive homes, or
other child care | ||||||
21 | facilities.
| ||||||
22 | N. "Non-Compact state" means a state that has not enacted | ||||||
23 | the
Interstate Compact on the Placement of Children.
| ||||||
24 | O. "Preadoption requirements" are any conditions | ||||||
25 | established by the laws
or regulations of the Federal | ||||||
26 | Government or of each state that must be met
prior to the |
| |||||||
| |||||||
1 | placement of a child in an adoptive home.
| ||||||
2 | P. "Abused child" means a child whose parent or immediate | ||||||
3 | family member,
or any person responsible for the child's | ||||||
4 | welfare, or any individual
residing in the same home as the | ||||||
5 | child, or a paramour of the child's parent:
| ||||||
6 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
7 | inflicted upon
the child physical injury, by other than | ||||||
8 | accidental means, that causes
death, disfigurement, | ||||||
9 | impairment of physical or emotional health, or loss
or | ||||||
10 | impairment of any bodily function;
| ||||||
11 | (b) creates a substantial risk of physical injury to | ||||||
12 | the child by
other than accidental means which would be | ||||||
13 | likely to cause death,
disfigurement, impairment of | ||||||
14 | physical or emotional health, or loss or
impairment of any | ||||||
15 | bodily function;
| ||||||
16 | (c) commits or allows to be committed any sex offense | ||||||
17 | against the child,
as sex offenses are defined in the | ||||||
18 | Criminal Code of 1961
and extending those definitions of | ||||||
19 | sex offenses to include children under
18 years of age;
| ||||||
20 | (d) commits or allows to be committed an act or acts of | ||||||
21 | torture upon
the child; or
| ||||||
22 | (e) inflicts excessive corporal punishment.
| ||||||
23 | Q. "Neglected child" means any child whose parent or other | ||||||
24 | person
responsible for the child's welfare withholds or denies | ||||||
25 | nourishment or
medically indicated treatment including food or | ||||||
26 | care denied solely on the
basis of the present or anticipated |
| |||||||
| |||||||
1 | mental or physical impairment as determined
by a physician | ||||||
2 | acting alone or in consultation with other physicians or
| ||||||
3 | otherwise does not provide the proper or necessary support, | ||||||
4 | education
as required by law, or medical or other remedial care | ||||||
5 | recognized under State
law as necessary for a child's | ||||||
6 | well-being, or other care necessary for his
or her well-being, | ||||||
7 | including adequate food, clothing and shelter; or who
is | ||||||
8 | abandoned by his or her parents or other person responsible for | ||||||
9 | the child's
welfare.
| ||||||
10 | A child shall not be considered neglected or abused for the
| ||||||
11 | sole reason that the child's parent or other person responsible | ||||||
12 | for his
or her welfare depends upon spiritual means through | ||||||
13 | prayer alone for the
treatment or cure of disease or remedial | ||||||
14 | care as provided under Section 4
of the Abused and Neglected | ||||||
15 | Child Reporting Act.
A child shall not be considered neglected | ||||||
16 | or abused for the sole reason that
the child's parent or other | ||||||
17 | person responsible for the child's welfare failed
to vaccinate, | ||||||
18 | delayed vaccination, or refused vaccination for the child
due | ||||||
19 | to a waiver on religious or medical grounds as permitted by | ||||||
20 | law.
| ||||||
21 | R. "Putative father" means a man who may be a child's | ||||||
22 | father, but who (1) is
not married to the child's mother on or | ||||||
23 | before the date that the child was or
is to be born and (2) has | ||||||
24 | not established paternity of the child in a court
proceeding | ||||||
25 | before the filing of a petition for the adoption of the child. | ||||||
26 | The
term includes a male who is less than 18 years of age. |
| |||||||
| |||||||
1 | "Putative father" does
not mean a man who is the child's father | ||||||
2 | as a result of criminal sexual abuse
or assault as defined | ||||||
3 | under Article 12 of the Criminal Code of 1961.
| ||||||
4 | S. "Standby adoption" means an adoption in which a parent
| ||||||
5 | consents to custody and termination of parental rights to | ||||||
6 | become
effective upon the occurrence of a future event, which | ||||||
7 | is either the death of
the
parent or the request of the parent
| ||||||
8 | for the entry of a final judgment of adoption.
| ||||||
9 | T. (Blank).
| ||||||
10 | (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563, | ||||||
11 | eff. 1-1-06; 94-939, eff. 1-1-07.)
| ||||||
12 | Section 1115. The Parental Notice of Abortion Act of 1995 | ||||||
13 | is amended by changing Section 10 as follows:
| ||||||
14 | (750 ILCS 70/10)
| ||||||
15 | Sec. 10. Definitions. As used in this Act:
| ||||||
16 | "Abortion" means the use of any instrument, medicine, drug, | ||||||
17 | or any other
substance or device to terminate the pregnancy of | ||||||
18 | a woman known to be pregnant
with an intention other than to | ||||||
19 | increase the probability of a live birth, to
preserve the life | ||||||
20 | or health of a child after live birth, or to remove a dead
| ||||||
21 | fetus.
| ||||||
22 | "Actual notice" means the giving of notice directly, in | ||||||
23 | person, or by
telephone.
| ||||||
24 | "Adult family member" means a person over 21 years of age |
| |||||||
| |||||||
1 | who is the parent,
grandparent, step-parent living in the | ||||||
2 | household, or legal guardian.
| ||||||
3 | "Constructive notice" means notice by certified mail to the | ||||||
4 | last known
address of the person entitled to notice with | ||||||
5 | delivery deemed to have occurred
48 hours after the certified | ||||||
6 | notice is mailed.
| ||||||
7 | "Incompetent" means any person who has been adjudged as | ||||||
8 | mentally ill or
developmentally disabled and who, because of | ||||||
9 | her mental illness or
developmental disability, is not fully | ||||||
10 | able to manage her person and for whom a
guardian of the person | ||||||
11 | has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||||||
12 | of 1975.
| ||||||
13 | "Medical emergency" means a condition that, on the basis of | ||||||
14 | the
physician's good faith clinical judgment, so complicates | ||||||
15 | the medical condition
of a pregnant woman as to necessitate the | ||||||
16 | immediate abortion of her pregnancy
to avert her death or for | ||||||
17 | which a delay will create serious risk of
substantial and | ||||||
18 | irreversible impairment of major bodily function.
| ||||||
19 | "Minor" means any person under 18 years of age who is not | ||||||
20 | or has not been
married or who has not been emancipated under | ||||||
21 | the Emancipation of
Minors Act.
| ||||||
22 | "Neglect" means the failure of an adult family member to | ||||||
23 | supply a child with
necessary food, clothing, shelter, or | ||||||
24 | medical care when reasonably able to do
so or the failure to | ||||||
25 | protect a child from conditions or actions that imminently
and | ||||||
26 | seriously endanger the child's physical or mental health when |
| |||||||
| |||||||
1 | reasonably
able to do so.
| ||||||
2 | "Physical abuse" means any physical injury intentionally | ||||||
3 | inflicted by an
adult family member on a child.
| ||||||
4 | "Physician" means any person licensed to practice medicine | ||||||
5 | in all its
branches under the Illinois Medical Practice Act of | ||||||
6 | 1987.
| ||||||
7 | "Sexual abuse" means any sexual conduct or sexual | ||||||
8 | penetration as defined in
Section 11-0.1 12-12 of the Criminal | ||||||
9 | Code of 1961 that is prohibited by the criminal
laws of the | ||||||
10 | State of Illinois and committed against a minor by an adult | ||||||
11 | family
member as defined in this Act.
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | Section 1120. The Landlord and Tenant Act is amended by | ||||||
14 | changing Section 10 as follows: | ||||||
15 | (765 ILCS 705/10) | ||||||
16 | Sec. 10.
Failure to inform lessor who is a child sex | ||||||
17 | offender and who resides in the same building in which the | ||||||
18 | lessee resides or intends to reside that the lessee is a parent | ||||||
19 | or guardian of a child under 18 years of age. If a lessor of | ||||||
20 | residential real estate resides at such real estate and is a | ||||||
21 | child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||||||
22 | the Criminal Code of 1961 and rents such real estate to a | ||||||
23 | person who does not inform the lessor that the person is a | ||||||
24 | parent or guardian of a child or children under 18 years of age |
| |||||||
| |||||||
1 | and subsequent to such lease, the lessee discovers that the | ||||||
2 | landlord is a child sex offender, then the lessee may not | ||||||
3 | terminate the lease based upon such discovery that the lessor | ||||||
4 | is a child sex offender and such lease shall be in full force | ||||||
5 | and effect. This subsection shall apply only to leases or other | ||||||
6 | rental arrangements entered into after the effective date of | ||||||
7 | this amendatory Act of the 95th General Assembly. | ||||||
8 | (Source: P.A. 95-820, eff. 1-1-09.) | ||||||
9 | Section 1125. The Illinois Securities Law of 1953 is | ||||||
10 | amended by changing Section 7a as follows:
| ||||||
11 | (815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
| ||||||
12 | Sec. 7a.
(a) Except as provided in subsection (b) of this | ||||||
13 | Section,
no securities, issued by an issuer engaged in or | ||||||
14 | deriving revenues from the
conduct of any business or | ||||||
15 | profession, the conduct of which would violate
Section 11-14, | ||||||
16 | 11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), or | ||||||
17 | (a)(3) or that involves soliciting for a juvenile prostitute, | ||||||
18 | 11-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of the
Criminal | ||||||
19 | Code of 1961, as now or hereafter amended, if conducted in this
| ||||||
20 | State, shall be sold or registered pursuant to Section 5, 6 or | ||||||
21 | 7 of this
Act nor sold pursuant to the provisions of Section 3 | ||||||
22 | or 4 of this Act.
| ||||||
23 | (b) Notwithstanding the provisions of subsection (a) | ||||||
24 | hereof, such
securities issued prior to the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of
1989 may be sold by a resident of this | ||||||
2 | State in transactions which qualify
for an exemption from the | ||||||
3 | registration requirements of this Act pursuant to
subsection A | ||||||
4 | of Section 4 of this Act.
| ||||||
5 | (Source: P.A. 86-526.)
| ||||||
6 | Section 1130. The Victims' Economic Security and Safety Act | ||||||
7 | is amended by changing Section 10 as follows:
| ||||||
8 | (820 ILCS 180/10)
| ||||||
9 | Sec. 10. Definitions. In this Act, except as otherwise | ||||||
10 | expressly provided:
| ||||||
11 | (1) "Commerce" includes trade, traffic, commerce,
| ||||||
12 | transportation, or communication; and "industry or | ||||||
13 | activity
affecting commerce" means any activity, business, | ||||||
14 | or industry in
commerce or in which a labor dispute would | ||||||
15 | hinder or obstruct
commerce or the free flow of commerce, | ||||||
16 | and includes "commerce" and
any "industry affecting | ||||||
17 | commerce".
| ||||||
18 | (2) "Course of conduct" means a course of repeatedly | ||||||
19 | maintaining
a visual or physical proximity to a person or | ||||||
20 | conveying oral or
written threats, including threats | ||||||
21 | conveyed through electronic
communications, or threats | ||||||
22 | implied by conduct.
| ||||||
23 | (3) "Department" means the Department of Labor.
| ||||||
24 | (4) "Director" means the Director of Labor.
|
| |||||||
| |||||||
1 | (5) "Domestic or sexual violence" means domestic | ||||||
2 | violence, sexual
assault, or stalking.
| ||||||
3 | (6) "Domestic violence" means abuse, as defined in | ||||||
4 | Section 103 of the Illinois Domestic Violence Act of 1986, | ||||||
5 | by a family or household member, as defined in Section 103 | ||||||
6 | of the Illinois Domestic Violence Act of 1986.
| ||||||
7 | (7) "Electronic communications" includes | ||||||
8 | communications via
telephone, mobile phone, computer, | ||||||
9 | e-mail, video recorder, fax
machine, telex, or pager, or | ||||||
10 | any other electronic communication, as defined in Section | ||||||
11 | 12-7.5 of the Criminal Code of 1961.
| ||||||
12 | (8) "Employ" includes to suffer or permit to work.
| ||||||
13 | (9) Employee.
| ||||||
14 | (A) In general. "Employee" means any person | ||||||
15 | employed by an employer.
| ||||||
16 | (B) Basis. "Employee" includes a person employed | ||||||
17 | as described in
subparagraph (A) on a full or part-time | ||||||
18 | basis,
or as a participant in a work
assignment as a | ||||||
19 | condition of receipt of federal or State
income-based | ||||||
20 | public assistance.
| ||||||
21 | (10) "Employer" means any of the following: (A) the | ||||||
22 | State or any agency
of the
State; (B) any unit of local | ||||||
23 | government or school district; or (C) any person
that | ||||||
24 | employs
at least 15 employees.
| ||||||
25 | (11) "Employment benefits" means all benefits provided | ||||||
26 | or made
available to employees by an employer, including |
| |||||||
| |||||||
1 | group life
insurance, health insurance, disability | ||||||
2 | insurance, sick leave,
annual leave, educational benefits, | ||||||
3 | pensions, and profit-sharing, regardless of
whether such | ||||||
4 | benefits are provided by a practice or written
policy of an | ||||||
5 | employer or through an "employee benefit plan".
"Employee | ||||||
6 | benefit plan" or "plan" means an employee welfare
benefit | ||||||
7 | plan or an employee pension benefit plan or a plan which
is | ||||||
8 | both an employee welfare benefit plan and an employee | ||||||
9 | pension
benefit plan.
| ||||||
10 | (12) "Family or household member", for employees with a | ||||||
11 | family or household member who is a victim of domestic or | ||||||
12 | sexual violence, means a spouse,
parent, son, daughter, | ||||||
13 | other person related by blood or by present or prior | ||||||
14 | marriage, other person who shares a relationship through a | ||||||
15 | son or daughter, and persons jointly residing
in the same | ||||||
16 | household.
| ||||||
17 | (13) "Parent" means the biological parent of an | ||||||
18 | employee or an
individual who stood in loco parentis to an | ||||||
19 | employee when the
employee was a son or daughter. "Son or | ||||||
20 | daughter" means
a biological, adopted, or foster child, a | ||||||
21 | stepchild, a legal
ward, or a child of a person standing in | ||||||
22 | loco parentis, who is
under 18 years of age, or is 18 years | ||||||
23 | of age or older and incapable
of self-care because of a | ||||||
24 | mental or physical disability.
| ||||||
25 | (14) "Perpetrator" means an individual who commits or | ||||||
26 | is alleged
to have committed any act or threat of domestic |
| |||||||
| |||||||
1 | or sexual
violence.
| ||||||
2 | (15) "Person" means an individual, partnership, | ||||||
3 | association,
corporation, business trust, legal | ||||||
4 | representative, or any
organized group of persons.
| ||||||
5 | (16) "Public agency" means the Government of the State | ||||||
6 | or
political subdivision thereof; any agency of the State, | ||||||
7 | or of a
political subdivision of the State; or any | ||||||
8 | governmental agency.
| ||||||
9 | (17) "Public assistance" includes cash, food stamps, | ||||||
10 | medical
assistance, housing assistance, and other benefits | ||||||
11 | provided on
the basis of income by a public agency or | ||||||
12 | public employer.
| ||||||
13 | (18) "Reduced work schedule" means a work schedule that | ||||||
14 | reduces
the usual number of hours per workweek, or hours | ||||||
15 | per workday, of
an employee.
| ||||||
16 | (19) "Repeatedly" means on 2 or more occasions.
| ||||||
17 | (20) "Sexual assault" means any conduct proscribed by | ||||||
18 | the
Criminal Code of 1961 in Sections 11-1.20, 11-1.30, | ||||||
19 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, | ||||||
20 | and 12-16.
| ||||||
21 | (21) "Stalking" means any conduct proscribed by the | ||||||
22 | Criminal
Code of 1961 in Sections 12-7.3, 12-7.4, and | ||||||
23 | 12-7.5.
| ||||||
24 | (22) "Victim" or "survivor" means an individual who has
| ||||||
25 | been subjected to domestic or sexual violence.
| ||||||
26 | (23) "Victim services organization" means a nonprofit,
|
| |||||||
| |||||||
1 | nongovernmental organization that provides assistance to | ||||||
2 | victims
of domestic or sexual violence or to advocates for | ||||||
3 | such victims,
including a rape crisis center, an | ||||||
4 | organization carrying out a
domestic violence program, an | ||||||
5 | organization operating a shelter or
providing counseling | ||||||
6 | services, or a legal services organization
or other | ||||||
7 | organization providing assistance through the legal
| ||||||
8 | process.
| ||||||
9 | (Source: P.A. 96-635, eff. 8-24-09.)
| ||||||
10 | Article 5. | ||||||
11 | Section 5-5. The Criminal Code of 1961 is amended: by | ||||||
12 | adding the headings of Subdivisions 1, 5, 10, 15, 20, 25, 30, | ||||||
13 | and 35 of Article 17; by adding Sections 17-0.5, 17-3.5, | ||||||
14 | 17-5.7, 17-6.3, 17-6.5, 17-8.5, 17-10.3, 17-10.5, 17-10.6, | ||||||
15 | 17-10.7, 17-31, 17-32, 17-33, 17-34, 17-35, 17-36, 17-37, | ||||||
16 | 17-38, 17-39, 17-40, 17-41, 17-42, 17-43, 17-44, 17-45, 17-46, | ||||||
17 | 17-47, 17-48, 17-49, 17-49.5, 17-55, 17-61, and 17-62; by | ||||||
18 | changing the heading of Article 17 and changing Sections 17-1, | ||||||
19 | 17-1b, 17-2, 17-3, 17-5, 17-5.5, 17-6, 17-9, 17-11, 17-11.2, | ||||||
20 | 17-13, 17-17, 17-20, 17-21, 17-24, 17-26, and 17-27; and by | ||||||
21 | changing and renumbering Sections 16-1.3, 16-22, 16C-2, 16D-3, | ||||||
22 | 16D-4, 16D-5, 16D-5.5, 16D-6, 16D-7, 17-7, 17-16, 17-22, 17-28, | ||||||
23 | 17-29, and 39-1 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 5/Art. 17 heading) | ||||||
2 | ARTICLE 17. DECEPTION AND FRAUD
| ||||||
3 | (720 ILCS 5/Art. 17, Subdiv. 1 heading new) | ||||||
4 | SUBDIVISION 1. GENERAL DEFINITIONS | ||||||
5 | (720 ILCS 5/17-0.5 new) | ||||||
6 | Sec. 17-0.5. Definitions. In this Article: | ||||||
7 | "Altered credit card or debit card" means any instrument
or | ||||||
8 | device, whether known as a credit card or debit card, which has | ||||||
9 | been
changed in any
respect by addition or deletion of any | ||||||
10 | material, except for the signature
by the person to whom the | ||||||
11 | card is issued. | ||||||
12 | "Cardholder" means the person or organization named on the
| ||||||
13 | face of a credit card or debit card to whom or for whose | ||||||
14 | benefit the
credit card or debit card is issued by an issuer. | ||||||
15 | "Computer" means a device that accepts, processes, stores, | ||||||
16 | retrieves,
or outputs data and includes, but is not limited to, | ||||||
17 | auxiliary storage and
telecommunications devices connected to | ||||||
18 | computers. | ||||||
19 | "Computer network" means a set of related, remotely | ||||||
20 | connected
devices and any communications facilities including | ||||||
21 | more than one
computer with the capability to transmit data | ||||||
22 | between them through the
communications facilities. | ||||||
23 | "Computer program" or "program" means a series of coded | ||||||
24 | instructions or
statements in a form acceptable to a computer |
| |||||||
| |||||||
1 | which causes the computer to
process data and supply the | ||||||
2 | results of the data processing. | ||||||
3 | "Computer services" means computer time or services, | ||||||
4 | including data
processing services, Internet services, | ||||||
5 | electronic mail services, electronic
message services, or | ||||||
6 | information or data stored in connection therewith. | ||||||
7 | "Counterfeit" means to manufacture, produce or create, by | ||||||
8 | any
means, a credit card or debit card without the purported | ||||||
9 | issuer's
consent or authorization. | ||||||
10 | "Credit card" means any instrument or device, whether known | ||||||
11 | as a credit
card, credit plate, charge plate or any other name, | ||||||
12 | issued with or without
fee by an issuer for the use of the | ||||||
13 | cardholder in obtaining money, goods,
services or anything else | ||||||
14 | of value on credit or in consideration or an
undertaking or | ||||||
15 | guaranty by the issuer of the payment of a check drawn by
the | ||||||
16 | cardholder. | ||||||
17 | "Data" means a representation in any form of information, | ||||||
18 | knowledge, facts, concepts,
or instructions, including program | ||||||
19 | documentation, which is prepared or has been prepared in a
| ||||||
20 | formalized manner and is stored or processed in or transmitted | ||||||
21 | by a computer or in a system or network.
Data is considered | ||||||
22 | property and may be in any form, including, but not
limited to, | ||||||
23 | printouts, magnetic or optical storage media, punch cards, or
| ||||||
24 | data stored internally in the memory of the computer. | ||||||
25 | "Debit card" means any instrument or device, known by any
| ||||||
26 | name, issued with or without fee by an issuer for the use of |
| |||||||
| |||||||
1 | the cardholder
in obtaining money, goods, services, and | ||||||
2 | anything else of value, payment of
which is made against funds | ||||||
3 | previously deposited by the cardholder. A debit
card which also | ||||||
4 | can be used to obtain money, goods, services and anything
else | ||||||
5 | of value on credit shall not be considered a debit card when it | ||||||
6 | is
being used to obtain money, goods, services or anything else | ||||||
7 | of value on credit. | ||||||
8 | "Document" includes, but is not limited to, any document, | ||||||
9 | representation, or image produced manually, electronically, or | ||||||
10 | by computer. | ||||||
11 | "Electronic fund transfer terminal" means any machine or
| ||||||
12 | device that, when properly activated, will perform any of the | ||||||
13 | following services: | ||||||
14 | (1) Dispense money as a debit to the cardholder's | ||||||
15 | account; or | ||||||
16 | (2) Print the cardholder's account balances on a | ||||||
17 | statement; or | ||||||
18 | (3) Transfer funds between a cardholder's accounts; or | ||||||
19 | (4) Accept payments on a cardholder's loan; or | ||||||
20 | (5) Dispense cash advances on an open end credit or a | ||||||
21 | revolving charge agreement; or | ||||||
22 | (6) Accept deposits to a customer's account; or | ||||||
23 | (7) Receive inquiries of verification of checks and | ||||||
24 | dispense information
that verifies that funds are | ||||||
25 | available to cover such checks; or | ||||||
26 | (8) Cause money to be transferred electronically from a |
| |||||||
| |||||||
1 | cardholder's
account to an account held by any business, | ||||||
2 | firm, retail merchant,
corporation, or any other | ||||||
3 | organization. | ||||||
4 | "Electronic funds transfer system", hereafter referred to | ||||||
5 | as
"EFT System", means that system whereby funds are | ||||||
6 | transferred
electronically from a cardholder's account to any | ||||||
7 | other account. | ||||||
8 | "Electronic mail service provider" means any person who (i) | ||||||
9 | is an
intermediary in sending or receiving electronic mail and | ||||||
10 | (ii) provides to
end-users of electronic mail services the | ||||||
11 | ability to send or receive electronic
mail. | ||||||
12 | "Expired credit card or debit card" means a credit card
or | ||||||
13 | debit card which is no longer valid because the term on it has | ||||||
14 | elapsed. | ||||||
15 | "False academic degree" means a certificate, diploma, | ||||||
16 | transcript, or other
document purporting to be issued by an | ||||||
17 | institution of higher learning or
purporting to indicate that a | ||||||
18 | person has completed an organized academic
program of study at | ||||||
19 | an institution of higher learning when the person has not
| ||||||
20 | completed the organized academic program of study indicated
on | ||||||
21 | the certificate, diploma, transcript, or other document. | ||||||
22 | "False claim" means any statement made to any insurer, | ||||||
23 | purported
insurer, servicing corporation, insurance broker, or | ||||||
24 | insurance agent, or any
agent or employee of one of those | ||||||
25 | entities, and made as part of, or in support of, a
claim for
| ||||||
26 | payment or other benefit under a policy of insurance, or as |
| |||||||
| |||||||
1 | part of, or
in support of, an application for the issuance of, | ||||||
2 | or the rating of, any
insurance policy, when the statement does | ||||||
3 | any of the following: | ||||||
4 | (1) Contains any false, incomplete, or
misleading | ||||||
5 | information concerning any fact or thing material to the | ||||||
6 | claim. | ||||||
7 | (2) Conceals (i) the occurrence of an event that is | ||||||
8 | material to any person's initial or
continued right or | ||||||
9 | entitlement to any insurance benefit or payment or (ii) the
| ||||||
10 | amount of any benefit or payment to which the person is | ||||||
11 | entitled. | ||||||
12 | "Financial institution" means any bank, savings and loan | ||||||
13 | association, credit union, or other depository of money or | ||||||
14 | medium of savings and collective investment. | ||||||
15 | "Governmental entity" means: each officer, board, | ||||||
16 | commission, and
agency created by the Constitution, whether in | ||||||
17 | the executive, legislative, or
judicial branch of State | ||||||
18 | government; each officer, department, board,
commission, | ||||||
19 | agency, institution, authority, university, and body politic | ||||||
20 | and
corporate of the State; each administrative unit or | ||||||
21 | corporate outgrowth of
State government that is created by or | ||||||
22 | pursuant to
statute, including units of local government and | ||||||
23 | their officers, school
districts, and boards of election | ||||||
24 | commissioners; and each administrative unit
or corporate | ||||||
25 | outgrowth of the foregoing items and as may be created by | ||||||
26 | executive order of
the Governor. |
| |||||||
| |||||||
1 | "Incomplete credit card or debit card" means a credit
card | ||||||
2 | or debit card which is missing part of the matter other than | ||||||
3 | the
signature of the cardholder which an issuer requires to | ||||||
4 | appear on the
credit card or debit card before it can be used | ||||||
5 | by a cardholder, and
this includes credit cards or debit cards | ||||||
6 | which have not been stamped,
embossed, imprinted or written on. | ||||||
7 | "Institution of higher learning" means a public or private | ||||||
8 | college,
university, or community college located in the State | ||||||
9 | of Illinois that is
authorized by the Board of Higher Education | ||||||
10 | or the Illinois Community
College Board to issue post-secondary | ||||||
11 | degrees, or a public or private college,
university, or | ||||||
12 | community college located anywhere in the United States that is
| ||||||
13 | or has been legally constituted to offer degrees and | ||||||
14 | instruction in its state
of origin or incorporation. | ||||||
15 | "Insurance company" means "company" as defined under | ||||||
16 | Section 2 of the
Illinois Insurance Code. | ||||||
17 | "Issuer" means the business organization or financial
| ||||||
18 | institution which issues a credit card or debit card, or its | ||||||
19 | duly authorized agent. | ||||||
20 | "Merchant" has the meaning ascribed to it in Section | ||||||
21 | 16A-2.4 of this Code. | ||||||
22 | "Person" means any individual, corporation, government, | ||||||
23 | governmental
subdivision or agency, business trust, estate, | ||||||
24 | trust, partnership or
association or any other entity. | ||||||
25 | "Receives" or "receiving" means acquiring possession or | ||||||
26 | control. |
| |||||||
| |||||||
1 | "Record of charge form" means any document submitted or | ||||||
2 | intended to be
submitted to an issuer as evidence of a credit | ||||||
3 | transaction for which the
issuer has agreed to reimburse | ||||||
4 | persons providing money, goods, property,
services or other | ||||||
5 | things of value. | ||||||
6 | "Revoked credit card or debit card" means a credit card
or | ||||||
7 | debit card which is no longer valid because permission to use | ||||||
8 | it has
been suspended or terminated by the issuer. | ||||||
9 | "Sale" means any delivery for value. | ||||||
10 | "Scheme or artifice to defraud" includes a scheme or | ||||||
11 | artifice to deprive another of the intangible right to honest | ||||||
12 | services. | ||||||
13 | "Self-insured entity" means any person, business, | ||||||
14 | partnership,
corporation, or organization that sets aside | ||||||
15 | funds to meet his, her, or its
losses or to absorb fluctuations | ||||||
16 | in the amount of loss, the losses being
charged against the | ||||||
17 | funds set aside or accumulated. | ||||||
18 | "Statement" means any assertion, oral, written, or | ||||||
19 | otherwise, and
includes, but is not limited to: any notice, | ||||||
20 | letter, or memorandum; proof of
loss; bill of lading; receipt | ||||||
21 | for payment; invoice, account, or other financial
statement; | ||||||
22 | estimate of property damage; bill for services; diagnosis or
| ||||||
23 | prognosis;
prescription; hospital, medical, or dental chart or | ||||||
24 | other record, x-ray,
photograph, videotape, or movie film; test | ||||||
25 | result; other evidence of loss,
injury, or expense; | ||||||
26 | computer-generated document; and data in any form. |
| |||||||
| |||||||
1 | "Universal Price Code Label" means a unique symbol that | ||||||
2 | consists of a machine-readable code and human-readable | ||||||
3 | numbers. | ||||||
4 | "With intent to defraud" means to act knowingly, and with | ||||||
5 | the specific intent to deceive or cheat, for the purpose of | ||||||
6 | causing financial loss to another or bringing some financial | ||||||
7 | gain to oneself, regardless of whether any person was actually | ||||||
8 | defrauded or deceived. This includes an intent to cause another | ||||||
9 | to assume, create, transfer, alter, or terminate any right, | ||||||
10 | obligation, or power with reference to any person or property. | ||||||
11 | (720 ILCS 5/Art. 17, Subdiv. 5 heading new) | ||||||
12 | SUBDIVISION 5. DECEPTION
| ||||||
13 | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
| ||||||
14 | Sec. 17-1. Deceptive practices.
| ||||||
15 | (A) Definitions.
| ||||||
16 | As used in this Section:
| ||||||
17 | (i)
"Financial institution" means any bank, savings | ||||||
18 | and
loan association, credit union, or other depository of | ||||||
19 | money, or medium of
savings and collective investment.
| ||||||
20 | (ii) An "account holder" is any person having a | ||||||
21 | checking
account or savings account in a financial | ||||||
22 | institution.
| ||||||
23 | (iii) To act with the "intent to defraud" means to act | ||||||
24 | wilfully, and with
the specific intent to deceive or cheat, |
| |||||||
| |||||||
1 | for the purpose of causing financial
loss to another, or to | ||||||
2 | bring some financial gain to oneself. It is not
necessary | ||||||
3 | to establish that any person was actually defrauded or | ||||||
4 | deceived.
| ||||||
5 | (A) (B) General deception Deception .
| ||||||
6 | A person commits a deceptive practice when,
with intent to | ||||||
7 | defraud, the person does any of the following:
| ||||||
8 | (1) (a) He or she knowingly causes another, by | ||||||
9 | deception or threat,
to execute
a document disposing of | ||||||
10 | property or a document by which a pecuniary obligation
is | ||||||
11 | incurred.
| ||||||
12 | (2) (b) Being an officer, manager or other person | ||||||
13 | participating in the
direction of a financial institution, | ||||||
14 | he or she knowingly receives or
permits the receipt of a | ||||||
15 | deposit or other investment, knowing that the
institution | ||||||
16 | is insolvent.
| ||||||
17 | (3) (c) He or she knowingly makes or directs another to | ||||||
18 | make a false or
deceptive statement addressed to the public | ||||||
19 | for the purpose of promoting
the sale of property or | ||||||
20 | services.
| ||||||
21 | (B) Bad checks. | ||||||
22 | A person commits a deceptive practice when:
| ||||||
23 | (1) (d) With intent to obtain control over property or | ||||||
24 | to pay for
property, labor or services of another, or in |
| |||||||
| |||||||
1 | satisfaction of an obligation
for payment of tax under the | ||||||
2 | Retailers' Occupation Tax Act or any other tax
due to the | ||||||
3 | State of Illinois, he or she issues or delivers a check or
| ||||||
4 | other order upon a real or fictitious depository for the | ||||||
5 | payment of money,
knowing that it will not be paid by the | ||||||
6 | depository. The trier of fact may infer that the defendant | ||||||
7 | knows that the check or other order will not be paid by the | ||||||
8 | depository and that the defendant has acted with intent to | ||||||
9 | defraud when the defendant fails Failure to have
sufficient | ||||||
10 | funds or credit with the depository when the check or other | ||||||
11 | order
is issued or delivered, or when such check or other | ||||||
12 | order is presented for
payment and dishonored on each of 2 | ||||||
13 | occasions at least 7 days apart , is prima
facie evidence | ||||||
14 | that the offender knows that it will not be paid by the
| ||||||
15 | depository, and that he or she has the intent to defraud . | ||||||
16 | In this
paragraph (B)(1) (d) , "property" includes rental | ||||||
17 | property (real or personal).
| ||||||
18 | (2) (e) He or she issues or delivers a check or other | ||||||
19 | order upon a real
or fictitious depository in an amount | ||||||
20 | exceeding $150 in payment of an amount
owed on any credit | ||||||
21 | transaction for property, labor or services, or in
payment | ||||||
22 | of the entire amount owed on any credit transaction for | ||||||
23 | property,
labor or services, knowing that it will not be | ||||||
24 | paid by the depository, and
thereafter fails to provide | ||||||
25 | funds or credit with the depository in the face
amount of | ||||||
26 | the check or order within 7 days of receiving actual
notice |
| |||||||
| |||||||
1 | from the depository or payee of the dishonor of the check | ||||||
2 | or order.
| ||||||
3 | Sentence.
| ||||||
4 | A person convicted of a deceptive practice under paragraph | ||||||
5 | (a), (b), (c), (d), or (e) of this subsection
(B), except as | ||||||
6 | otherwise provided by this Section, is guilty of a Class A
| ||||||
7 | misdemeanor.
| ||||||
8 | A person convicted of a deceptive practice in violation of | ||||||
9 | paragraph (d)
a second or subsequent time shall be guilty of a | ||||||
10 | Class 4 felony.
| ||||||
11 | A person convicted of deceptive practices in violation of | ||||||
12 | paragraph (d),
when the value of the property so obtained, in a | ||||||
13 | single transaction, or
in separate transactions within a 90 day | ||||||
14 | period, exceeds $150, shall be
guilty of a Class 4 felony. In | ||||||
15 | the case of a prosecution for separate
transactions totaling | ||||||
16 | more than $150 within a 90 day period, such separate
| ||||||
17 | transactions shall be alleged in a single charge and provided | ||||||
18 | in a
single prosecution.
| ||||||
19 | (C) Bank-related fraud Deception on a Bank or Other Financial | ||||||
20 | Institution .
| ||||||
21 | (1) False statement Statements .
| ||||||
22 | A person commits false statement bank fraud if he or she | ||||||
23 | Any person who , with the intent to defraud, makes or causes to | ||||||
24 | be
made any false statement in writing in order to obtain an | ||||||
25 | account with
a bank or other financial institution, or to |
| |||||||
| |||||||
1 | obtain credit from a bank or
other financial institution, or to | ||||||
2 | obtain services from a currency exchange, knowing such writing | ||||||
3 | to be false, and with
the intent that it be relied upon , is | ||||||
4 | guilty of a Class A misdemeanor .
| ||||||
5 | For purposes of this subsection (C), a false statement | ||||||
6 | means shall mean any false
statement representing identity, | ||||||
7 | address, or employment, or the identity,
address , or employment | ||||||
8 | of any person, firm , or corporation.
| ||||||
9 | (2) Possession of stolen or fraudulently obtained checks | ||||||
10 | Stolen or Fraudulently Obtained Checks .
| ||||||
11 | A person commits possession of stolen or fraudulently | ||||||
12 | obtained checks when he or she Any person who possesses, with | ||||||
13 | the intent to obtain access to
funds of another person held in | ||||||
14 | a real or fictitious deposit account at a
financial | ||||||
15 | institution, makes a false statement or a misrepresentation to | ||||||
16 | the
financial institution, or possesses, transfers, | ||||||
17 | negotiates, or presents for
payment a check, draft, or other | ||||||
18 | item purported to direct the financial
institution to withdraw | ||||||
19 | or pay funds out of the account holder's deposit
account with | ||||||
20 | knowledge that such possession, transfer, negotiation, or
| ||||||
21 | presentment is not authorized by the account holder or the | ||||||
22 | issuing financial
institution
is guilty of a Class A | ||||||
23 | misdemeanor . A person shall be deemed to have been
authorized | ||||||
24 | to possess, transfer, negotiate, or present for payment such | ||||||
25 | item
if the person was otherwise entitled by law to withdraw or | ||||||
26 | recover funds
from the account in question and followed the |
| |||||||
| |||||||
1 | requisite procedures under
the law. If In the event that the | ||||||
2 | account holder, upon discovery of the
withdrawal or payment, | ||||||
3 | claims that the withdrawal or payment was not
authorized, the | ||||||
4 | financial institution may require the account holder to
submit | ||||||
5 | an affidavit to that effect on a form satisfactory to the | ||||||
6 | financial
institution before the financial institution may be | ||||||
7 | required to credit the
account in an amount equal to the amount | ||||||
8 | or amounts that were withdrawn
or paid without authorization.
| ||||||
9 | Any person who, within any 12 month period, violates this | ||||||
10 | Section with
respect to 3 or more checks or orders for the | ||||||
11 | payment of money at the same
time or consecutively, each the | ||||||
12 | property of a different account holder
or financial | ||||||
13 | institution, is guilty of a Class 4 felony.
| ||||||
14 | (3) Possession of implements of check fraud Implements of | ||||||
15 | Check Fraud .
| ||||||
16 | A person commits possession of implements of check fraud | ||||||
17 | when he or she Any person who possesses, with the intent to | ||||||
18 | defraud and without the
authority of the account holder or | ||||||
19 | financial institution, any check
imprinter, signature | ||||||
20 | imprinter, or "certified" stamp is guilty of a Class A
| ||||||
21 | misdemeanor .
| ||||||
22 | (D) Sentence. | ||||||
23 | (1) The commission of a deceptive practice in violation | ||||||
24 | of this Section, except as otherwise provided by this | ||||||
25 | subsection (D), is a Class A misdemeanor. |
| |||||||
| |||||||
1 | (2) For purposes of paragraph (B)(1): | ||||||
2 | (a) The commission of a deceptive practice in | ||||||
3 | violation of paragraph (B)(1) a second or subsequent | ||||||
4 | time is a Class 4 felony. | ||||||
5 | (b) The commission of a deceptive practice in | ||||||
6 | violation of paragraph (B)(1), when the value of the | ||||||
7 | property so obtained, in a single transaction or in | ||||||
8 | separate transactions within a 90-day period, exceeds | ||||||
9 | $150, is a Class 4 felony. In the case of a prosecution | ||||||
10 | for separate transactions totaling more than $150 | ||||||
11 | within a 90-day period, those separate transactions | ||||||
12 | shall be alleged in a single charge and prosecuted in a | ||||||
13 | single prosecution. | ||||||
14 | (3) For purposes of paragraph (C)(2), a person who, | ||||||
15 | within any 12-month period, violates paragraph (C)(2) with | ||||||
16 | respect to 3 or more checks or orders for the payment of | ||||||
17 | money at the same time or consecutively, each the property | ||||||
18 | of a different account holder or financial institution, is | ||||||
19 | guilty of a Class 4 felony. | ||||||
20 | (4) For purposes of paragraph (C)(3), a person who | ||||||
21 | within any 12-month period violates paragraph (C)(3) as to | ||||||
22 | possession of 3 or more such devices at the same time or | ||||||
23 | consecutively is guilty of a Class 4 felony. | ||||||
24 | (E) Civil liability. A person who issues a check or order | ||||||
25 | to a payee in violation of paragraph (B)(1) and who fails to |
| |||||||
| |||||||
1 | pay the amount of the check or order to the payee within 30 | ||||||
2 | days following either delivery and acceptance by the addressee | ||||||
3 | of a written demand both by certified mail and by first class | ||||||
4 | mail to the person's last known address or attempted delivery | ||||||
5 | of a written demand sent both by certified mail and by first | ||||||
6 | class mail to the person's last known address and the demand by | ||||||
7 | certified mail is returned to the sender with a notation that | ||||||
8 | delivery was refused or unclaimed shall be liable to the payee | ||||||
9 | or a person subrogated to the rights of the payee for, in | ||||||
10 | addition to the amount owing upon such check or order, damages | ||||||
11 | of treble the amount so owing, but in no case less than $100 | ||||||
12 | nor more than $1,500, plus attorney's fees and court costs. An | ||||||
13 | action under this subsection (E) may be brought in small claims | ||||||
14 | court or in any other appropriate court. As part of the written | ||||||
15 | demand required by this subsection (E), the plaintiff shall | ||||||
16 | provide written notice to the defendant of the fact that prior | ||||||
17 | to the hearing of any action under this subsection (E), the | ||||||
18 | defendant may tender to the plaintiff and the plaintiff shall | ||||||
19 | accept, as satisfaction of the claim, an amount of money equal | ||||||
20 | to the sum of the amount of the check and the incurred court | ||||||
21 | costs, including the cost of service of process, and attorney's | ||||||
22 | fees. | ||||||
23 | A person who within any 12 month period violates this | ||||||
24 | subsection (C) as
to possession of 3 or more such devices at | ||||||
25 | the same time or consecutively,
is guilty of a Class 4 felony.
| ||||||
26 | (4) Possession of Identification Card.
|
| |||||||
| |||||||
1 | Any person who, with the intent to defraud, possesses any
| ||||||
2 | check guarantee card or key card or identification card for | ||||||
3 | cash dispensing
machines without the authority of the account | ||||||
4 | holder or financial
institution is guilty of a Class A | ||||||
5 | misdemeanor.
| ||||||
6 | A person who, within any 12 month period, violates this | ||||||
7 | Section at the
same time or consecutively with respect to 3 or | ||||||
8 | more cards, each the property
of different account holders, is | ||||||
9 | guilty of a Class 4 felony.
| ||||||
10 | A person convicted under this Section, when the value of | ||||||
11 | property so
obtained, in a single transaction, or in separate | ||||||
12 | transactions within any
90 day period, exceeds $150 shall be | ||||||
13 | guilty of a Class 4 felony.
| ||||||
14 | (Source: P.A. 94-872, eff. 6-16-06.)
| ||||||
15 | (720 ILCS 5/17-1b)
| ||||||
16 | Sec. 17-1b. State's Attorney's bad check diversion | ||||||
17 | program.
| ||||||
18 | (a) In this Section:
| ||||||
19 | "Offender" means a person charged with, or for whom | ||||||
20 | probable cause
exists to charge the person with, deceptive | ||||||
21 | practices.
| ||||||
22 | "Pretrial diversion" means the decision of a prosecutor to | ||||||
23 | refer an
offender to a diversion program on condition that the | ||||||
24 | criminal charges against
the offender will be dismissed after a | ||||||
25 | specified period of time, or the case
will not be charged, if |
| |||||||
| |||||||
1 | the offender successfully completes the program.
| ||||||
2 | "Restitution" means all amounts payable to a victim of | ||||||
3 | deceptive practices
under the bad check diversion program | ||||||
4 | created under this Section, including
the amount of the check | ||||||
5 | and any transaction fees payable to a victim as set
forth in | ||||||
6 | subsection (g)
but does not include amounts
recoverable under | ||||||
7 | Section 3-806 of the Uniform Commercial Code and subsection (E) | ||||||
8 | of Section
17-1 17-1a of this Code.
| ||||||
9 | (b) A State's Attorney may create within his or her office | ||||||
10 | a bad check
diversion program for offenders who agree to | ||||||
11 | voluntarily participate in the
program instead of undergoing | ||||||
12 | prosecution. The program may be conducted by the
State's | ||||||
13 | Attorney or by a private entity under contract with the State's
| ||||||
14 | Attorney. If the State's Attorney contracts with a private | ||||||
15 | entity to perform
any services in operating the program, the | ||||||
16 | entity shall operate under the
supervision, direction, and | ||||||
17 | control of the State's Attorney. Any private entity
providing | ||||||
18 | services under this Section is not a "collection agency" as | ||||||
19 | that
term is defined under the Collection Agency Act.
| ||||||
20 | (c) If an offender is referred to the State's Attorney, the | ||||||
21 | State's
Attorney may determine whether the offender is | ||||||
22 | appropriate for acceptance in
the
program. The State's Attorney | ||||||
23 | may consider, but shall not be limited to
consideration of, the
| ||||||
24 | following factors:
| ||||||
25 | (1) the amount of the check that was drawn or passed;
| ||||||
26 | (2) prior referrals of the offender to the program;
|
| |||||||
| |||||||
1 | (3) whether other charges of deceptive practices are | ||||||
2 | pending
against the offender;
| ||||||
3 | (4) the evidence presented to the State's Attorney | ||||||
4 | regarding the
facts and circumstances of the incident;
| ||||||
5 | (5) the offender's criminal history; and
| ||||||
6 | (6) the reason the check was dishonored by the | ||||||
7 | financial
institution.
| ||||||
8 | (d) The bad check diversion program may require an offender | ||||||
9 | to do one or
more of the following:
| ||||||
10 | (i) pay for, at his or her own expense, and | ||||||
11 | successfully
complete an educational class held by the | ||||||
12 | State's Attorney or a private
entity under contract with | ||||||
13 | the State's Attorney;
| ||||||
14 | (ii) make full restitution for the offense;
| ||||||
15 | (iii) pay a per-check administrative fee as set forth | ||||||
16 | in this
Section.
| ||||||
17 | (e) If an offender is diverted to the program, the State's | ||||||
18 | Attorney shall
agree in writing not to prosecute the offender | ||||||
19 | upon the offender's successful
completion of the program | ||||||
20 | conditions. The State's Attorney's agreement to
divert the | ||||||
21 | offender shall specify the
offenses that will not be prosecuted | ||||||
22 | by identifying the checks involved in the
transactions.
| ||||||
23 | (f) The State's Attorney, or private entity under contract | ||||||
24 | with the
State's Attorney, may collect a fee from an offender | ||||||
25 | diverted to the State's
Attorney's bad check diversion program. | ||||||
26 | This fee may be deposited in a
bank account maintained by the |
| |||||||
| |||||||
1 | State's Attorney for the purpose of
depositing fees and paying | ||||||
2 | the expenses of the program or for use in the enforcement and | ||||||
3 | prosecution of criminal laws. The State's
Attorney may require | ||||||
4 | that the fee be paid directly to a private entity that
| ||||||
5 | administers the program under a contract with the State's | ||||||
6 | Attorney.
The amount of the administrative fees collected by | ||||||
7 | the State's Attorney
under the program may not exceed $35 per | ||||||
8 | check. The county board may,
however, by ordinance, increase | ||||||
9 | the fees allowed by this Section if the
increase is justified | ||||||
10 | by an acceptable cost study showing that the fees
allowed by | ||||||
11 | this Section are not sufficient to cover the cost of providing | ||||||
12 | the
service.
| ||||||
13 | (g) (1) The private entity shall be required to maintain | ||||||
14 | adequate
general
liability insurance of $1,000,000 per | ||||||
15 | occurrence as well as adequate
coverage for potential loss | ||||||
16 | resulting from employee dishonesty. The State's
Attorney | ||||||
17 | may require a surety bond payable to the State's Attorney | ||||||
18 | if in the
State's Attorney's opinion it is determined that | ||||||
19 | the private entity is not
adequately insured or funded.
| ||||||
20 | (2) (A) Each private entity that has a contract with | ||||||
21 | the State's
Attorney to conduct a bad check diversion | ||||||
22 | program shall at all times
maintain a separate bank | ||||||
23 | account in which all moneys received from the
offenders | ||||||
24 | participating in the program shall be deposited, | ||||||
25 | referred to as a
"trust account" "Trust Account" , | ||||||
26 | except that negotiable instruments received may be
|
| |||||||
| |||||||
1 | forwarded directly to a victim of the deceptive | ||||||
2 | practice committed by the
offender if that procedure is | ||||||
3 | provided for by a writing executed by the
victim. | ||||||
4 | Moneys received shall be so deposited within 5 business | ||||||
5 | days
after posting to the private entity's books of | ||||||
6 | account.
There shall be sufficient funds in the trust | ||||||
7 | account at all times to
pay the victims the amount due | ||||||
8 | them.
| ||||||
9 | (B) The trust account shall be established in a | ||||||
10 | financial institution bank, savings and
loan | ||||||
11 | association, or other recognized depository which is | ||||||
12 | federally or
State insured or otherwise secured as | ||||||
13 | defined by rule. If the account is
interest bearing, | ||||||
14 | the private entity shall pay to the victim interest
| ||||||
15 | earned on funds on deposit after the 60th day.
| ||||||
16 | (C) Each private entity shall keep on file the name | ||||||
17 | of the financial institution bank,
savings and loan | ||||||
18 | association, or other recognized depository in which
| ||||||
19 | each trust account is maintained, the name of each | ||||||
20 | trust account, and
the names of the persons authorized | ||||||
21 | to withdraw funds from each account.
The private | ||||||
22 | entity, within 30 days of the time of a change of
| ||||||
23 | depository or person authorized to make withdrawal, | ||||||
24 | shall update its
files to reflect that change.
An | ||||||
25 | examination and audit of a private entity's trust | ||||||
26 | accounts may be
made by the State's Attorney as the |
| |||||||
| |||||||
1 | State's Attorney deems appropriate.
A trust account | ||||||
2 | financial report shall be submitted annually on
forms | ||||||
3 | acceptable to the State's Attorney.
| ||||||
4 | (3) The State's Attorney may cancel a contract entered | ||||||
5 | into
with a
private entity under this Section for any one | ||||||
6 | or any
combination of the following causes:
| ||||||
7 | (A) Conviction of the private entity or the | ||||||
8 | principals of
the private entity of any crime under the | ||||||
9 | laws of any U.S. jurisdiction
which is a felony, a | ||||||
10 | misdemeanor an essential element of which is
| ||||||
11 | dishonesty, or of any crime which directly relates to | ||||||
12 | the practice
of the profession.
| ||||||
13 | (B) A determination that the private entity has | ||||||
14 | engaged in conduct
prohibited in item (4).
| ||||||
15 | (4) The State's Attorney may determine whether the | ||||||
16 | private entity has
engaged in the following prohibited | ||||||
17 | conduct:
| ||||||
18 | (A) Using or threatening to use force or violence | ||||||
19 | to cause
physical harm to an offender, his or her | ||||||
20 | family, or his or her property.
| ||||||
21 | (B) Threatening the seizure, attachment, or sale | ||||||
22 | of an offender's
property where such action can only be | ||||||
23 | taken pursuant to court order
without disclosing that | ||||||
24 | prior court proceedings are required.
| ||||||
25 | (C) Disclosing or threatening to disclose | ||||||
26 | information
adversely affecting an offender's |
| |||||||
| |||||||
1 | reputation for creditworthiness with
knowledge the | ||||||
2 | information is false.
| ||||||
3 | (D) Initiating or threatening to initiate | ||||||
4 | communication with
an offender's employer unless there | ||||||
5 | has been a default of the payment
of the obligation for | ||||||
6 | at least 30 days and at least 5 days prior
written | ||||||
7 | notice, to the last known address of the offender, of | ||||||
8 | the
intention to communicate with the employer has been | ||||||
9 | given to the
employee, except as expressly permitted by | ||||||
10 | law or court order.
| ||||||
11 | (E) Communicating with the offender or any member | ||||||
12 | of the
offender's family at such a time of day or night | ||||||
13 | and with such
frequency as to constitute harassment of | ||||||
14 | the offender or any member of
the offender's family. | ||||||
15 | For purposes of this clause (E) the following
conduct | ||||||
16 | shall constitute harassment:
| ||||||
17 | (i) Communicating with the offender or any | ||||||
18 | member of his or
her family at any unusual time or | ||||||
19 | place or a time
or place known or which should be | ||||||
20 | known to be inconvenient to
the offender. In the | ||||||
21 | absence of knowledge of circumstances to
the | ||||||
22 | contrary, a private entity shall assume that the | ||||||
23 | convenient
time for communicating with a consumer | ||||||
24 | is after 8 o'clock a.m.
and before 9 o'clock p.m. | ||||||
25 | local time at the offender's residence.
| ||||||
26 | (ii) The threat of publication or publication |
| |||||||
| |||||||
1 | of a list of
offenders who allegedly refuse to pay | ||||||
2 | restitution, except by the State's
Attorney.
| ||||||
3 | (iii) The threat of advertisement or | ||||||
4 | advertisement for sale
of any restitution to | ||||||
5 | coerce payment of the restitution.
| ||||||
6 | (iv) Causing a telephone to ring or engaging | ||||||
7 | any person in
telephone conversation repeatedly or | ||||||
8 | continuously with intent
to annoy, abuse, or | ||||||
9 | harass any person at the called number.
| ||||||
10 | (v) Using profane, obscene or abusive language | ||||||
11 | in
communicating with an offender, his or her | ||||||
12 | family, or others.
| ||||||
13 | (vi) Disclosing or threatening to disclose | ||||||
14 | information
relating to a offender's case to any | ||||||
15 | other person except
the victim and appropriate law | ||||||
16 | enforcement personnel.
| ||||||
17 | (vii) Disclosing or threatening to disclose | ||||||
18 | information
concerning the alleged criminal act | ||||||
19 | which the private entity knows to
be reasonably | ||||||
20 | disputed by the offender without disclosing the | ||||||
21 | fact
that the offender disputes the accusation.
| ||||||
22 | (viii) Engaging in any conduct which the | ||||||
23 | State's Attorney finds was
intended to cause and | ||||||
24 | did cause mental or physical illness to the
| ||||||
25 | offender or his or her family.
| ||||||
26 | (ix) Attempting or threatening to enforce a |
| |||||||
| |||||||
1 | right or remedy
with knowledge or reason to know | ||||||
2 | that the right or remedy does not
exist.
| ||||||
3 | (x) Except as authorized by the State's | ||||||
4 | Attorney, using any form of
communication which | ||||||
5 | simulates legal or
judicial process or which gives | ||||||
6 | the appearance of being authorized,
issued or | ||||||
7 | approved by a governmental agency or official or by | ||||||
8 | an
attorney at law when it is not.
| ||||||
9 | (xi) Using any badge,
uniform, or other | ||||||
10 | indicia of any
governmental agency or official, | ||||||
11 | except as authorized by law or by the State's
| ||||||
12 | Attorney.
| ||||||
13 | (xii) Except as authorized by the State's | ||||||
14 | Attorney, conducting
business
under any name or in | ||||||
15 | any manner which
suggests or implies that the | ||||||
16 | private entity is bonded if such
private entity is | ||||||
17 | or is a branch of or is affiliated with any
| ||||||
18 | governmental agency or court if such private | ||||||
19 | entity is not.
| ||||||
20 | (xiii) Misrepresenting the amount of the | ||||||
21 | restitution alleged
to be owed.
| ||||||
22 | (xiv) Except as authorized by the State's | ||||||
23 | Attorney, representing that
an
existing | ||||||
24 | restitution amount may be increased
by
the | ||||||
25 | addition of attorney's fees, investigation fees, | ||||||
26 | or any other
fees or charges when those fees or |
| |||||||
| |||||||
1 | charges may not legally be added
to the existing | ||||||
2 | restitution.
| ||||||
3 | (xv) Except as authorized by the State's | ||||||
4 | Attorney, representing that
the
private entity is | ||||||
5 | an attorney at
law or an agent for an attorney if | ||||||
6 | the entity is not.
| ||||||
7 | (xvi) Collecting or attempting to collect any | ||||||
8 | interest or other
charge or fee in excess of the | ||||||
9 | actual restitution or claim unless the
interest or | ||||||
10 | other charge or fee is expressly authorized by the
| ||||||
11 | State's Attorney, who shall
determine what | ||||||
12 | constitutes a reasonable collection fee.
| ||||||
13 | (xvii) Communicating or threatening to | ||||||
14 | communicate with an offender
when the private | ||||||
15 | entity is informed in writing by an attorney that
| ||||||
16 | the attorney represents the offender concerning | ||||||
17 | the claim, unless
authorized by the attorney. If | ||||||
18 | the attorney fails to respond within
a reasonable | ||||||
19 | period of time, the private entity may communicate | ||||||
20 | with the
offender. The private entity may | ||||||
21 | communicate with the offender when the
attorney | ||||||
22 | gives his consent.
| ||||||
23 | (xviii) Engaging in dishonorable, unethical, | ||||||
24 | or unprofessional
conduct of a character likely to | ||||||
25 | deceive, defraud, or harm the
public.
| ||||||
26 | (5) The State's Attorney shall audit the accounts of |
| |||||||
| |||||||
1 | the bad check
diversion
program after notice in writing to | ||||||
2 | the private entity.
| ||||||
3 | (6) Any information obtained by a private entity that | ||||||
4 | has a contract with
the State's Attorney to conduct a bad | ||||||
5 | check diversion program is confidential
information | ||||||
6 | between the State's Attorney and the private entity and may | ||||||
7 | not
be sold or used for any other purpose but may be shared | ||||||
8 | with other authorized
law enforcement agencies as | ||||||
9 | determined by the State's Attorney.
| ||||||
10 | (h) The State's Attorney, or private entity under contract | ||||||
11 | with the
State's Attorney, shall recover, in addition to the | ||||||
12 | face amount of the
dishonored check or draft, a transaction fee | ||||||
13 | to defray the costs and expenses
incurred by a victim who | ||||||
14 | received a dishonored check that was made or
delivered by the | ||||||
15 | offender. The face amount of the dishonored check or draft and
| ||||||
16 | the transaction fee shall be paid by the State's Attorney or | ||||||
17 | private entity
under contract with the State's Attorney to the | ||||||
18 | victim as
restitution for the offense. The amount of the | ||||||
19 | transaction fee must not
exceed: $25 if the face amount of the | ||||||
20 | check or draft does not exceed $100;
$30 if the face amount of | ||||||
21 | the check or draft is greater than $100 but does not
exceed | ||||||
22 | $250; $35 if the face amount of the check or draft is greater | ||||||
23 | than
$250 but does not exceed $500; $40 if the face amount of | ||||||
24 | the
check or draft is greater than $500 but does not exceed | ||||||
25 | $1,000; and $50 if the
face amount of the check or draft is | ||||||
26 | greater than $1,000.
|
| |||||||
| |||||||
1 | (i) The offender, if aggrieved by an action of the private
| ||||||
2 | entity contracted to operate a bad check diversion program, may | ||||||
3 | submit a
grievance to
the State's Attorney who may then resolve | ||||||
4 | the grievance. The private entity
must give notice to the | ||||||
5 | offender that the grievance procedure is available. The
| ||||||
6 | grievance procedure shall be established by the State's | ||||||
7 | Attorney.
| ||||||
8 | (Source: P.A. 95-41, eff. 1-1-08.)
| ||||||
9 | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||||
10 | Sec. 17-2. False personation; use of title; solicitation ; | ||||||
11 | certain
entities . | ||||||
12 | (a) False personation; solicitation. | ||||||
13 | (1) A person commits a false personation when he or she | ||||||
14 | knowingly and falsely represents
himself or herself to be a | ||||||
15 | member or representative of any
veterans' or public safety | ||||||
16 | personnel organization
or a representative of
any | ||||||
17 | charitable organization, or when he or she knowingly any | ||||||
18 | person exhibits or uses in any manner
any decal, badge or | ||||||
19 | insignia of any
charitable, public safety personnel, or | ||||||
20 | veterans' organization
when not authorized to
do so by the
| ||||||
21 | charitable, public safety personnel, or veterans' | ||||||
22 | organization.
"Public safety personnel organization" has | ||||||
23 | the meaning ascribed to that term
in Section 1 of the | ||||||
24 | Solicitation for Charity Act.
| ||||||
25 | (2) (a-5) A person commits a false personation when he |
| |||||||
| |||||||
1 | or she knowingly and falsely
represents himself or herself | ||||||
2 | to be a veteran in seeking employment or
public office.
In | ||||||
3 | this paragraph subsection , "veteran" means a person who has | ||||||
4 | served in the
Armed Services or Reserve
Forces of the | ||||||
5 | United States.
| ||||||
6 | (a-6) A person commits a false personation when he or she | ||||||
7 | falsely represents himself or herself to be a recipient of, or | ||||||
8 | wears on his or her person, any of the following medals if that | ||||||
9 | medal was not awarded to that person by the United States | ||||||
10 | government, irrespective of branch of service: the | ||||||
11 | Congressional Medal of Honor, the Distinguished Service Cross, | ||||||
12 | the Navy Cross, the Air Force Cross, the Silver Star, the | ||||||
13 | Bronze Star, or the Purple Heart.
| ||||||
14 | It is a defense to a prosecution under this subsection | ||||||
15 | (a-6) that the medal is used, or is intended to be used, | ||||||
16 | exclusively:
| ||||||
17 | (1) for a dramatic presentation, such as a theatrical, | ||||||
18 | film, or television production, or a historical | ||||||
19 | re-enactment; or
| ||||||
20 | (2) for a costume worn, or intended to be worn, by a | ||||||
21 | person under 18 years of age.
| ||||||
22 | (3) (b) No person shall knowingly use the words | ||||||
23 | " Chicago Police , " , " Chicago Police
Department , " , " Chicago | ||||||
24 | Patrolman , " , " Chicago
Sergeant , " , " Chicago Lieutenant , " ,
| ||||||
25 | " Chicago Peace Officer" , "Sheriff's Police", "Sheriff", | ||||||
26 | "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy |
| |||||||
| |||||||
1 | Sheriff", "State Police",
or
any other words to the same | ||||||
2 | effect (i) in the title
of any organization, magazine, or | ||||||
3 | other publication without the express
approval of the named | ||||||
4 | public safety personnel organization's governing board or | ||||||
5 | (ii) in combination with the name of any state, state | ||||||
6 | agency, public university, or unit of local government | ||||||
7 | without the express written authorization of that state, | ||||||
8 | state agency, public university, or unit of local | ||||||
9 | government Chicago Police Board .
| ||||||
10 | (b-5) No person shall use the words "Cook County Sheriff's | ||||||
11 | Police" or
"Cook County Sheriff" or any other words to the same | ||||||
12 | effect in the title of any
organization, magazine, or other | ||||||
13 | publication without the express approval of
the office of the | ||||||
14 | Cook County Sheriff's Merit Board. The references to names
and | ||||||
15 | titles in
this
Section may not be construed as authorizing use | ||||||
16 | of the names and titles of
other organizations or public safety | ||||||
17 | personnel organizations otherwise
prohibited by this Section | ||||||
18 | or the Solicitation for Charity Act.
| ||||||
19 | (b-10) No person may use, in the title of any organization,
| ||||||
20 | magazine, or other publication, the words "officer", "peace
| ||||||
21 | officer", "police", "law enforcement", "trooper", "sheriff",
| ||||||
22 | "deputy", "deputy sheriff", or "state police" in combination | ||||||
23 | with the name of any state, state agency, public university, or | ||||||
24 | unit of local government without the express written | ||||||
25 | authorization of that state, state agency, or unit of local | ||||||
26 | government.
|
| |||||||
| |||||||
1 | (c) (Blank).
| ||||||
2 | (4) (c-1) No person may knowingly claim or represent | ||||||
3 | that he or she is acting on behalf
of
any public safety | ||||||
4 | personnel organization police
department, chief of a | ||||||
5 | police department, fire department, chief of a fire
| ||||||
6 | department, sheriff's
department, or sheriff when | ||||||
7 | soliciting financial contributions or selling or
| ||||||
8 | delivering or offering
to sell or deliver any merchandise, | ||||||
9 | goods, services, memberships, or
advertisements unless the
| ||||||
10 | chief of the police department, fire department, and the
| ||||||
11 | corporate or municipal authority thereof,
or the sheriff | ||||||
12 | has first
entered into a written
agreement with the person | ||||||
13 | or with an organization with which the person is
affiliated | ||||||
14 | and the
agreement permits the activity and specifies and | ||||||
15 | states clearly and fully the purpose for which the proceeds | ||||||
16 | of the solicitation, contribution, or sale will be used .
| ||||||
17 | (5) (c-2) No person, when soliciting financial | ||||||
18 | contributions or selling or
delivering or offering
to sell | ||||||
19 | or deliver any merchandise, goods, services, memberships, | ||||||
20 | or
advertisements may claim
or represent that he or she is | ||||||
21 | representing or acting on behalf of any
nongovernmental
| ||||||
22 | organization by any name which includes "officer", "peace | ||||||
23 | officer", "police",
"law
enforcement", "trooper", | ||||||
24 | "sheriff", "deputy", "deputy sheriff", "State police",
or | ||||||
25 | any other word
or words which would reasonably be | ||||||
26 | understood to imply that the organization is
composed of
|
| |||||||
| |||||||
1 | law enforcement personnel unless : | ||||||
2 | (A) the person is actually representing or acting
| ||||||
3 | on behalf of the
nongovernmental organization ; , and | ||||||
4 | (B) the nongovernmental organization is
controlled | ||||||
5 | by and
governed by a membership of and represents a | ||||||
6 | group or association of active
duty peace officers,
| ||||||
7 | retired peace officers, or injured peace officers ; and | ||||||
8 | (C) before commencing the
solicitation or the
sale | ||||||
9 | or the offers to sell any merchandise, goods, services, | ||||||
10 | memberships, or
advertisements, a
written contract | ||||||
11 | between the soliciting or selling person and the
| ||||||
12 | nongovernmental
organization , which specifies and | ||||||
13 | states clearly and fully the purposes for which the | ||||||
14 | proceeds of the solicitation, contribution, or sale | ||||||
15 | will be used, has been entered into.
| ||||||
16 | (c-3) No person may solicit financial contributions or sell | ||||||
17 | or deliver or
offer to sell or
deliver any merchandise, goods, | ||||||
18 | services, memberships, or advertisements on
behalf of a police,
| ||||||
19 | sheriff, or other law enforcement department unless that person | ||||||
20 | is actually
representing or acting
on behalf of the department | ||||||
21 | or governmental organization and has entered into a
written | ||||||
22 | contract
with the police chief, or head of the law enforcement | ||||||
23 | department,
and the corporate or
municipal authority thereof, | ||||||
24 | or the sheriff, which specifies and states clearly
and fully | ||||||
25 | the purposes for which
the proceeds of the solicitation, | ||||||
26 | contribution, or sale will be used.
|
| |||||||
| |||||||
1 | (6) (c-4) No person, when soliciting financial | ||||||
2 | contributions or selling or
delivering or
offering to sell | ||||||
3 | or deliver any merchandise, goods, services, memberships, | ||||||
4 | or
advertisements,
may knowingly claim or represent that he | ||||||
5 | or she is representing or acting on behalf of
any | ||||||
6 | nongovernmental
organization by any name which includes | ||||||
7 | the term "fireman", "fire fighter",
"paramedic", or any
| ||||||
8 | other word or words which would reasonably be understood to | ||||||
9 | imply that the
organization is
composed of fire fighter or | ||||||
10 | paramedic personnel unless : | ||||||
11 | (A) the person is actually
representing or
acting | ||||||
12 | on behalf of the nongovernmental organization ; , and | ||||||
13 | (B) the nongovernmental
organization is
controlled | ||||||
14 | by and governed by a membership of and represents a | ||||||
15 | group or
association of active
duty, retired, or | ||||||
16 | injured fire fighters (for the purposes of this | ||||||
17 | Section,
"fire fighter" has the
meaning ascribed to | ||||||
18 | that term in Section 2 of the Illinois Fire Protection
| ||||||
19 | Training Act)
or active duty, retired, or injured | ||||||
20 | emergency medical technicians - ambulance,
emergency
| ||||||
21 | medical technicians - intermediate, emergency medical | ||||||
22 | technicians - paramedic,
ambulance
drivers, or other | ||||||
23 | medical assistance or first aid personnel ; , and | ||||||
24 | (C) before
commencing the solicitation
or the sale | ||||||
25 | or delivery or the offers to sell or deliver any | ||||||
26 | merchandise,
goods, services,
memberships, or |
| |||||||
| |||||||
1 | advertisements, the soliciting or selling person and | ||||||
2 | the nongovernmental organization have entered into a | ||||||
3 | written contract that specifies and states clearly and | ||||||
4 | fully the purposes for which the proceeds of the | ||||||
5 | solicitation, contribution, or sale will be used a | ||||||
6 | written contract between the soliciting
or selling | ||||||
7 | person
and the nongovernmental organization has been | ||||||
8 | entered into .
| ||||||
9 | (c-5) No person may solicit financial contributions or sell | ||||||
10 | or deliver or
offer to sell or
deliver any merchandise, goods, | ||||||
11 | services, memberships, or advertisements on
behalf of a
| ||||||
12 | department or departments of fire fighters unless that person | ||||||
13 | is actually
representing or acting on
behalf of the department | ||||||
14 | or departments and has entered into a written contract
with the
| ||||||
15 | department chief and corporate or municipal authority thereof | ||||||
16 | which specifies
and states clearly
and fully the purposes for | ||||||
17 | which the proceeds of the solicitation,
contribution, or sale | ||||||
18 | will be
used.
| ||||||
19 | (7) (c-6) No person may knowingly claim or represent | ||||||
20 | that he or she is an airman, airline employee, airport | ||||||
21 | employee, or contractor at an airport in order to obtain | ||||||
22 | the uniform, identification card, license, or other | ||||||
23 | identification paraphernalia of an airman, airline | ||||||
24 | employee, airport employee, or contractor at an airport.
| ||||||
25 | (8) No person, firm,
copartnership, or corporation | ||||||
26 | (except corporations organized and doing business
under |
| |||||||
| |||||||
1 | the Pawners Societies Act)
shall knowingly use a name that | ||||||
2 | contains in it the words
"Pawners' Society". | ||||||
3 | (b) False personation; judicial process. A person commits a | ||||||
4 | false personation if he or she knowingly and falsely represents | ||||||
5 | himself or herself to be any of the following: | ||||||
6 | (1) An attorney authorized to practice law for purposes | ||||||
7 | of compensation or consideration. This paragraph (b)(1) | ||||||
8 | does not apply to a person who unintentionally fails to pay | ||||||
9 | attorney registration fees established by Supreme Court | ||||||
10 | Rule. | ||||||
11 | (2) A public officer or a public employee or an | ||||||
12 | official or employee of the federal government. | ||||||
13 | (2.3) A public officer, a public employee, or an | ||||||
14 | official or employee of the federal government, and the | ||||||
15 | false representation is made in furtherance of the | ||||||
16 | commission of felony. | ||||||
17 | (2.7) A public officer or a public employee, and the | ||||||
18 | false representation is for the purpose of effectuating | ||||||
19 | identity theft as defined in Section 16G-15 of this Code. | ||||||
20 | (3) A peace officer. | ||||||
21 | (4) A peace officer while carrying a deadly weapon. | ||||||
22 | (5) A peace officer in attempting or committing a | ||||||
23 | felony. | ||||||
24 | (6) A peace officer in attempting or committing a | ||||||
25 | forcible felony. | ||||||
26 | (7) The parent, legal guardian, or other relation of a |
| |||||||
| |||||||
1 | minor child to any public official, public employee, or | ||||||
2 | elementary or secondary school employee or administrator. | ||||||
3 | (8) A fire fighter. | ||||||
4 | (9) A fire fighter while carrying a deadly weapon. | ||||||
5 | (10) A fire fighter in attempting or committing a | ||||||
6 | felony. | ||||||
7 | (11) An emergency management worker of any | ||||||
8 | jurisdiction in this State. | ||||||
9 | (12) An emergency management worker of any | ||||||
10 | jurisdiction in this State in attempting or committing a | ||||||
11 | felony.
For the purposes of this subsection (b), "emergency | ||||||
12 | management worker" has the meaning provided under Section | ||||||
13 | 2-6.6 of this Code. | ||||||
14 | (c) Fraudulent advertisement of a corporate name. | ||||||
15 | (1) A company, association, or individual commits | ||||||
16 | fraudulent advertisement of a corporate name if he, she, or | ||||||
17 | it, not being incorporated, puts forth a sign or | ||||||
18 | advertisement and assumes, for the purpose of soliciting | ||||||
19 | business, a corporate name. | ||||||
20 | (2) Nothing contained in this subsection (c) prohibits | ||||||
21 | a corporation, company, association, or person from using a | ||||||
22 | divisional designation or trade name in conjunction with | ||||||
23 | its corporate name or assumed name under Section 4.05 of | ||||||
24 | the Business Corporation Act of 1983 or, if it is a member | ||||||
25 | of a partnership or joint venture, from doing partnership | ||||||
26 | or joint venture business under the partnership or joint |
| |||||||
| |||||||
1 | venture name. The name under which the joint venture or | ||||||
2 | partnership does business may differ from the names of the | ||||||
3 | members. Business may not be conducted or transacted under | ||||||
4 | that joint venture or partnership name, however, unless all | ||||||
5 | provisions of the Assumed Business Name Act have been | ||||||
6 | complied with. Nothing in this subsection (c) permits a | ||||||
7 | foreign corporation to do business in this State without | ||||||
8 | complying with all Illinois laws regulating the doing of | ||||||
9 | business by foreign corporations. No foreign corporation | ||||||
10 | may conduct or transact business in this State as a member | ||||||
11 | of a partnership or joint venture that violates any | ||||||
12 | Illinois law regulating or pertaining to the doing of | ||||||
13 | business by foreign corporations in Illinois. | ||||||
14 | (3) The provisions of this subsection (c) do not apply | ||||||
15 | to limited partnerships formed under the Revised Uniform | ||||||
16 | Limited Partnership Act or under the Uniform Limited | ||||||
17 | Partnership Act (2001). | ||||||
18 | (d) False law enforcement badges. | ||||||
19 | (1) A person commits false law enforcement badges if he | ||||||
20 | or she knowingly produces, sells, or distributes a law | ||||||
21 | enforcement badge without the express written consent of | ||||||
22 | the law enforcement agency represented on the badge or, in | ||||||
23 | case of a reorganized or defunct law enforcement agency, | ||||||
24 | its successor law enforcement agency. | ||||||
25 | (2) It is a defense to false law enforcement badges | ||||||
26 | that the law enforcement badge is used or is intended to be |
| |||||||
| |||||||
1 | used exclusively: (i) as a memento or in a collection or | ||||||
2 | exhibit; (ii) for decorative purposes; or (iii) for a | ||||||
3 | dramatic presentation, such as a theatrical, film, or | ||||||
4 | television production. | ||||||
5 | (e) False medals. | ||||||
6 | (1) A person commits a false personation if he or she | ||||||
7 | knowingly and falsely represents himself or herself to be a | ||||||
8 | recipient of, or wears on his or her person, any of the | ||||||
9 | following medals if that medal was not awarded to that | ||||||
10 | person by the United States Government, irrespective of | ||||||
11 | branch of service: The Congressional Medal of Honor, The | ||||||
12 | Distinguished Service Cross, The Navy Cross, The Air Force | ||||||
13 | Cross, The Silver Star, The Bronze Star, or the Purple | ||||||
14 | Heart. | ||||||
15 | (2) It is a defense to a prosecution under paragraph | ||||||
16 | (e)(1) that the medal is used, or is intended to be used, | ||||||
17 | exclusively: | ||||||
18 | (A) for a dramatic presentation, such as a | ||||||
19 | theatrical, film, or television production, or a | ||||||
20 | historical re-enactment; or | ||||||
21 | (B) for a costume worn, or intended to be worn, by | ||||||
22 | a person under 18 years of age. | ||||||
23 | (f) Sentence. | ||||||
24 | (1) A violation of paragraph (a)(8) is a petty offense | ||||||
25 | subject to a fine of not less than $5 nor more than $100, | ||||||
26 | and the person, firm, copartnership, or corporation |
| |||||||
| |||||||
1 | commits an additional petty offense for each day he, she, | ||||||
2 | or it continues to commit the violation. A violation of | ||||||
3 | paragraph (c)(1) is a petty offense, and the company, | ||||||
4 | association, or person commits an additional petty offense | ||||||
5 | for each day he, she, or it continues to commit the | ||||||
6 | violation. A violation of subsection (e) is a petty offense | ||||||
7 | for which the offender shall be fined at least $100 and not | ||||||
8 | more than $200. | ||||||
9 | (2) A violation of paragraph (a)(1) or (a)(3) is a | ||||||
10 | Class C misdemeanor. | ||||||
11 | (3) A violation of paragraph (a)(2), (a)(7), (b)(2), or | ||||||
12 | (b)(7) or subsection (d) is a Class A misdemeanor. A second | ||||||
13 | or subsequent violation of subsection (d) is a Class 3 | ||||||
14 | felony. | ||||||
15 | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||||||
16 | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | ||||||
17 | Class 4 felony. | ||||||
18 | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | ||||||
19 | is a Class 3 felony. | ||||||
20 | (6) A violation of paragraph (b)(5) or (b)(10) is a | ||||||
21 | Class 2 felony. | ||||||
22 | (7) A violation of paragraph (b)(6) is a Class 1 | ||||||
23 | felony. | ||||||
24 | (d) Sentence. False personation, unapproved use of a name | ||||||
25 | or title,
or solicitation in violation of subsection (a), (b), | ||||||
26 | (b-5), or (b-10)
of
this Section is a Class C misdemeanor. |
| |||||||
| |||||||
1 | False personation in violation of
subsections (a-5) and (c-6) | ||||||
2 | is a Class A misdemeanor.
False personation in violation of | ||||||
3 | subsection (a-6) of this Section is a petty offense for which | ||||||
4 | the offender shall be fined at least $100 and not exceeding | ||||||
5 | $200. Engaging in any activity in violation of subsection | ||||||
6 | (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section is a Class | ||||||
7 | 4 felony.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| ||||||
9 | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
| ||||||
10 | Sec. 17-3. Forgery.
| ||||||
11 | (a) A person commits forgery when, with intent to defraud, | ||||||
12 | he or she knowingly:
| ||||||
13 | (1) makes or alters any document apparently capable of | ||||||
14 | defrauding
another in such manner that it purports to have | ||||||
15 | been made by another or at
another time, or with different | ||||||
16 | provisions, or by authority of one who did
not give such | ||||||
17 | authority; or
| ||||||
18 | (2) issues or delivers such document knowing it to have | ||||||
19 | been thus
made or altered; or
| ||||||
20 | (3) possesses, with intent to issue or deliver, any | ||||||
21 | such document
knowing it to have been thus made or altered; | ||||||
22 | or
| ||||||
23 | (4) unlawfully uses the digital signature, as defined | ||||||
24 | in the Financial
Institutions Electronic Documents and | ||||||
25 | Digital Signature Act, of another; or
|
| |||||||
| |||||||
1 | (5) unlawfully uses the signature device of another to | ||||||
2 | create
an electronic signature of that other person, as | ||||||
3 | those terms are defined in the
Electronic Commerce Security | ||||||
4 | Act.
| ||||||
5 | (b) (Blank). An intent to defraud means an intention to | ||||||
6 | cause another to assume,
create, transfer, alter or terminate | ||||||
7 | any right, obligation or power with
reference to any person or | ||||||
8 | property.
As used in this Section, "document" includes, but is | ||||||
9 | not limited to, any
document, representation, or image produced | ||||||
10 | manually, electronically, or by
computer.
| ||||||
11 | (c) A document apparently capable of defrauding another | ||||||
12 | includes, but is
not limited to, one by which any right, | ||||||
13 | obligation or power with reference
to any person or property | ||||||
14 | may be created, transferred, altered or
terminated. A document | ||||||
15 | includes any record or electronic record as those
terms are | ||||||
16 | defined in the Electronic Commerce Security Act. For purposes | ||||||
17 | of this Section, a document also includes a Universal Price | ||||||
18 | Code Label or coin.
| ||||||
19 | (d) Sentence.
| ||||||
20 | (1) Except as provided in paragraphs (2) and (3), | ||||||
21 | forgery Forgery is a Class 3 felony. | ||||||
22 | (2) Forgery is a Class 4 felony when only one Universal | ||||||
23 | Price Code Label is forged. | ||||||
24 | (3) Forgery is a Class A misdemeanor when an academic | ||||||
25 | degree or coin is forged.
| ||||||
26 | (e) It is not a violation of this Section if a false |
| |||||||
| |||||||
1 | academic degree explicitly states "for novelty purposes only". | ||||||
2 | (Source: P.A. 94-458, eff. 8-4-05.)
| ||||||
3 | (720 ILCS 5/17-3.5 new)
| ||||||
4 | Sec. 17-3.5. Deceptive sale of gold or silver. | ||||||
5 | (a) Whoever makes for sale, or sells, or offers to sell or | ||||||
6 | dispose
of, or has in his or her possession with intent to sell | ||||||
7 | or dispose of, any
article or articles construed in whole or in | ||||||
8 | part, of gold or any alloy or
imitation thereof, having thereon | ||||||
9 | or on any box, package, cover, wrapper or
other thing enclosing | ||||||
10 | or encasing such article or articles for sale, any
stamp, | ||||||
11 | brand, engraving, printed label, trade mark, imprint or other | ||||||
12 | mark,
indicating or designed, or intended to indicate, that the | ||||||
13 | gold, alloy or
imitation thereof, in such article or articles, | ||||||
14 | is different from or better
than the actual kind and quality of | ||||||
15 | such gold, alloy or imitation, shall be
guilty of a petty | ||||||
16 | offense and shall be fined in any sum not less than $50
nor | ||||||
17 | more than $100.
| ||||||
18 | (b) Whoever makes for sale, sells or offers to sell or | ||||||
19 | dispose of or
has in his or her possession, with intent to sell | ||||||
20 | or dispose of, any
article or articles constructed in whole or | ||||||
21 | in part of silver or any alloy
or imitation thereof, having | ||||||
22 | thereon--or on any box, package, cover,
wrapper or other thing | ||||||
23 | enclosing or encasing such article or articles for
sale--any | ||||||
24 | stamp, brand, engraving, printed label, trademark, imprint or
| ||||||
25 | other mark, containing the words "sterling" or "sterling |
| |||||||
| |||||||
1 | silver,"
referring, or designed or intended to refer, to the | ||||||
2 | silver, alloy or
imitation thereof in such article or articles, | ||||||
3 | when such silver, alloy or
imitation thereof shall contain less | ||||||
4 | than nine hundred and twenty-five
one-thousandths thereof of | ||||||
5 | pure silver, shall be guilty of a petty offense
and shall be | ||||||
6 | fined in any sum not less than $50 nor more than $100. | ||||||
7 | (c) Whoever makes for sale, sells or offers to sell or | ||||||
8 | dispose of or
has in his or her possession, with intent to sell | ||||||
9 | or dispose of, any
article or articles constructed in whole or | ||||||
10 | in part of silver or any alloy
or imitation thereof, having | ||||||
11 | thereon--or on any box, package, cover,
wrapper or other thing | ||||||
12 | enclosing or encasing such article or articles for
sale--any | ||||||
13 | stamp, brand, engraving, printed label, trademark, imprint, or
| ||||||
14 | other mark, containing the words "coin" or "coin silver," | ||||||
15 | referring to or
designed or intended to refer to, the silver, | ||||||
16 | alloy or imitation thereof,
in such article or articles, when | ||||||
17 | such silver, alloy or imitation shall
contain less than | ||||||
18 | nine-tenths thereof pure silver, shall be guilty of a
petty | ||||||
19 | offense and shall be fined in any sum not less than $50 and not | ||||||
20 | more
than $100.
| ||||||
21 | (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
| ||||||
22 | Sec. 17-5. Deceptive collection practices.
| ||||||
23 | A collection agency as defined in the " Collection Agency | ||||||
24 | Act " or any
employee of such collection agency commits a | ||||||
25 | deceptive collection practice
when, with the intent to collect |
| |||||||
| |||||||
1 | a debt owed to an individual or a a person, corporation , or
| ||||||
2 | other entity, he , she, or it does any of the following :
| ||||||
3 | (a) Represents represents falsely that he or she is an | ||||||
4 | attorney, a policeman, a sheriff or
deputy sheriff, a bailiff, | ||||||
5 | a county clerk or employee of a county clerk's
office, or any | ||||||
6 | other person who by statute is authorized to enforce the law
or | ||||||
7 | any order of a court . ; or
| ||||||
8 | (b) While while attempting to collect an alleged debt, | ||||||
9 | misrepresents to the
alleged debtor or to his or her immediate | ||||||
10 | family the corporate, partnership or
proprietary name or other | ||||||
11 | trade or business name under which the debt
collector is | ||||||
12 | engaging in debt collections and which he , she, or it is | ||||||
13 | legally
authorized to use . ; or
| ||||||
14 | (c) While while attempting to collect an alleged debt, adds | ||||||
15 | to the debt any
service charge, interest or penalty which he , | ||||||
16 | she, or it is not entitled by law to add . ;
or
| ||||||
17 | (d) Threatens threatens to ruin, destroy, or otherwise | ||||||
18 | adversely affect an alleged
debtor's credit rating unless, at | ||||||
19 | the same time, a disclosure is made in
accordance with federal | ||||||
20 | law that the alleged debtor has a right to inspect
his or her | ||||||
21 | credit rating . ; or
| ||||||
22 | (e) Accepts accepts from an alleged debtor a payment which | ||||||
23 | he , she, or it knows is not owed.
| ||||||
24 | Sentence. The commission of a deceptive collection | ||||||
25 | practice is a Business Offense
punishable by a fine not to | ||||||
26 | exceed $3,000.
|
| |||||||
| |||||||
1 | (Source: P.A. 78-1248.)
| ||||||
2 | (720 ILCS 5/17-5.5)
| ||||||
3 | Sec. 17-5.5.
Unlawful attempt to collect compensated debt | ||||||
4 | against a crime
victim.
| ||||||
5 | (a) As used in this Section, "crime victim" means a victim | ||||||
6 | of a violent
crime or applicant
as defined in the Crime Victims | ||||||
7 | Compensation Act.
| ||||||
8 | "Compensated debt" means a debt incurred by or on behalf of | ||||||
9 | a
crime victim and approved for payment by the Court of Claims | ||||||
10 | under the Crime
Victims Compensation Act.
| ||||||
11 | (a) (b) A person or a vendor commits the offense of | ||||||
12 | unlawful attempt to collect
a compensated debt against a crime | ||||||
13 | victim when, with intent to collect funds
for a debt incurred | ||||||
14 | by or on behalf of a crime victim, which debt has been
approved | ||||||
15 | for payment by the Court of Claims under the Crime Victims
| ||||||
16 | Compensation Act, but the funds are involuntarily
withheld from | ||||||
17 | the person or vendor by the Comptroller by virtue of an
| ||||||
18 | outstanding obligation owed by the person or vendor to the | ||||||
19 | State under the
Uncollected State Claims Act, the person or | ||||||
20 | vendor:
| ||||||
21 | (1) communicates with, harasses, or intimidates the | ||||||
22 | crime victim for
payment;
| ||||||
23 | (2) contacts or distributes information to affect the | ||||||
24 | compensated crime
victim's credit rating as a result of the | ||||||
25 | compensated debt; or
|
| |||||||
| |||||||
1 | (3) takes any other action adverse to the crime victim | ||||||
2 | or his or her
family on account of the compensated debt.
| ||||||
3 | (b) Sentence. (c) Unlawful attempt to collect a compensated | ||||||
4 | debt against a crime victim is
a Class A misdemeanor.
| ||||||
5 | (c) (d) Nothing in this Code Act prevents the attempt to | ||||||
6 | collect an uncompensated
debt or an uncompensated portion of a | ||||||
7 | compensated debt incurred by or on behalf
of a crime victim and | ||||||
8 | not covered under the Crime Victims Compensation
Act.
| ||||||
9 | (d) As used in this Section, "crime victim" means a victim | ||||||
10 | of a violent
crime or applicant
as defined in the Crime Victims | ||||||
11 | Compensation Act. "Compensated debt" means a debt incurred by | ||||||
12 | or on behalf of a
crime victim and approved for payment by the | ||||||
13 | Court of Claims under the Crime
Victims Compensation Act. | ||||||
14 | (Source: P.A. 92-286, eff. 1-1-02.)
| ||||||
15 | (720 ILCS 5/17-5.7 new)
| ||||||
16 | Sec. 17-5.7. Deceptive advertising. | ||||||
17 | (a) Any person, firm, corporation or association or agent | ||||||
18 | or employee
thereof, who, with intent to sell, purchase, or in | ||||||
19 | any wise dispose of, or
to contract with reference to | ||||||
20 | merchandise, securities, real estate,
service, employment, | ||||||
21 | money, credit or anything offered by such person,
firm, | ||||||
22 | corporation or association, or agent or employee thereof, | ||||||
23 | directly or
indirectly, to the public for sale, purchase, loan, | ||||||
24 | distribution, or the
hire of personal services, or with intent | ||||||
25 | to increase the consumption of or
to contract with reference to |
| |||||||
| |||||||
1 | any merchandise, real estate, securities,
money, credit, loan, | ||||||
2 | service or employment, or to induce the public in any
manner to | ||||||
3 | enter into any obligation relating thereto, or to acquire title
| ||||||
4 | thereto, or an interest therein, or to make any loan, makes, | ||||||
5 | publishes,
disseminates, circulates, or places before the | ||||||
6 | public, or causes, directly
or indirectly, to be made, | ||||||
7 | published, disseminated, circulated, or placed
before the | ||||||
8 | public, in this State, in a newspaper, magazine, or other
| ||||||
9 | publication, or in the form of a book, notice, handbill, | ||||||
10 | poster, sign,
bill, circular, pamphlet, letter, placard, card, | ||||||
11 | label, or over any radio
or television station, or in any other | ||||||
12 | way similar or dissimilar to the
foregoing, an advertisement, | ||||||
13 | announcement, or statement of any sort
regarding merchandise, | ||||||
14 | securities, real estate, money, credit, service,
employment, | ||||||
15 | or anything so offered for use, purchase, loan or sale, or the
| ||||||
16 | interest, terms or conditions upon which such loan will be made | ||||||
17 | to the
public, which advertisement contains any assertion, | ||||||
18 | representation or
statement of fact which is untrue, misleading | ||||||
19 | or deceptive, shall be guilty
of a Class A misdemeanor. | ||||||
20 | (b) Any person, firm or corporation offering for sale | ||||||
21 | merchandise,
commodities or service by making, publishing, | ||||||
22 | disseminating, circulating or
placing before the public within | ||||||
23 | this State in any manner an advertisement
of merchandise, | ||||||
24 | commodities, or service, with the intent, design or purpose
not | ||||||
25 | to sell the merchandise, commodities, or service so advertised | ||||||
26 | at the
price stated therein, or otherwise communicated, or with |
| |||||||
| |||||||
1 | intent not to sell
the merchandise, commodities, or service so | ||||||
2 | advertised, may be enjoined
from such advertising upon | ||||||
3 | application for injunctive relief by the
State's Attorney or | ||||||
4 | Attorney General, and shall also be guilty of a Class A
| ||||||
5 | misdemeanor. | ||||||
6 | (c) Any person, firm or corporation who makes, publishes,
| ||||||
7 | disseminates, circulates or places before the public, or | ||||||
8 | causes, directly
or indirectly to be made, published, | ||||||
9 | disseminated, circulated or placed
before the public, in this | ||||||
10 | State, in a newspaper, magazine or other
publication published | ||||||
11 | in this State, or in the form of a book, notice,
handbill, | ||||||
12 | poster, sign, bill, circular, pamphlet, letter, placard, card, | ||||||
13 | or
label distributed in this State, or over any radio or | ||||||
14 | television station
located in this State or in any other way in | ||||||
15 | this State similar or
dissimilar to the foregoing, an | ||||||
16 | advertisement, announcement, statement or
representation of | ||||||
17 | any kind to the public relating to the sale, offering for
sale, | ||||||
18 | purchase, use or lease of any real estate in a subdivision | ||||||
19 | located
outside the State of Illinois may be enjoined from such | ||||||
20 | activity upon
application for injunctive relief by the State's
| ||||||
21 | Attorney or Attorney
General and shall also be guilty of a | ||||||
22 | Class A misdemeanor unless such
advertisement, announcement, | ||||||
23 | statement or representation contains or is
accompanied by a | ||||||
24 | clear, concise statement of the proximity of such real
estate | ||||||
25 | in common units of measurement to public schools, public | ||||||
26 | highways,
fresh water supply, public sewers, electric power, |
| |||||||
| |||||||
1 | stores and shops, and
telephone service or contains a statement | ||||||
2 | that one or more of such
facilities are not readily available, | ||||||
3 | and name those not available. | ||||||
4 | (d) Subsections (a), (b), and (c) do not apply to any | ||||||
5 | medium for the printing,
publishing, or disseminating of | ||||||
6 | advertising, or any owner, agent or
employee thereof, nor to | ||||||
7 | any advertising agency or owner, agent or employee
thereof, nor | ||||||
8 | to any radio or television station, or owner, agent, or
| ||||||
9 | employee thereof, for printing, publishing, or disseminating, | ||||||
10 | or causing to
be printed, published, or disseminated, such | ||||||
11 | advertisement in good faith
and without knowledge of the | ||||||
12 | deceptive character thereof. | ||||||
13 | (e) No person, firm or corporation owning or operating a | ||||||
14 | service station
shall advertise or hold out or state to the | ||||||
15 | public the per gallon price
of gasoline, upon any sign on the | ||||||
16 | premises of such station, unless such
price includes all taxes, | ||||||
17 | and unless the price, as so advertised, corresponds
with the | ||||||
18 | price appearing on the pump from which such gasoline is | ||||||
19 | dispensed.
Also, the identity of the product must be included | ||||||
20 | with the price in any
such advertisement, holding out or | ||||||
21 | statement to the public. Any person who violates this | ||||||
22 | subsection (e) shall be guilty
of a petty offense. | ||||||
23 | (720 ILCS 5/Art. 17, Subdiv. 10 heading new) | ||||||
24 | SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY
|
| |||||||
| |||||||
1 | (720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
| ||||||
2 | Sec. 17-6. State benefits fraud Benefits Fraud . | ||||||
3 | (a) A Any person commits State benefits fraud when he or | ||||||
4 | she who obtains or attempts
to obtain money or benefits from | ||||||
5 | the State of Illinois, from any political
subdivision thereof, | ||||||
6 | or from any program funded or administered in whole
or in part | ||||||
7 | by the State of Illinois or any political subdivision thereof
| ||||||
8 | through the knowing use of false identification documents or | ||||||
9 | through the
knowing misrepresentation of his or her age, place | ||||||
10 | of residence, number of dependents,
marital or family status, | ||||||
11 | employment status, financial status, or any other
material fact | ||||||
12 | upon which his eligibility for or degree of participation
in | ||||||
13 | any benefit program might be based , is guilty of State benefits | ||||||
14 | fraud .
| ||||||
15 | (b) Notwithstanding any provision of State law to the | ||||||
16 | contrary, every
application or other document submitted to an | ||||||
17 | agency or department of the
State of Illinois or any political | ||||||
18 | subdivision thereof to establish or determine
eligibility for | ||||||
19 | money or benefits from the State of Illinois or from any
| ||||||
20 | political subdivision thereof, or from any program funded or | ||||||
21 | administered
in whole or in part by the State of Illinois or | ||||||
22 | any political subdivision
thereof, shall be made available upon | ||||||
23 | request to any law enforcement agency
for use in the | ||||||
24 | investigation or prosecution of State benefits fraud or for
use | ||||||
25 | in the investigation or prosecution of any other crime arising | ||||||
26 | out of
the same transaction or occurrence. Except as otherwise |
| |||||||
| |||||||
1 | permitted by law,
information disclosed pursuant to this | ||||||
2 | subsection shall be used and disclosed
only for the purposes | ||||||
3 | provided herein. The provisions of this Section shall
be | ||||||
4 | operative only to the extent that they do not conflict with any | ||||||
5 | federal
law or regulation governing federal grants to this | ||||||
6 | State.
| ||||||
7 | (c) Any employee of the State of Illinois or any agency or | ||||||
8 | political subdivision
thereof may seize as evidence any false | ||||||
9 | or fraudulent document presented
to him or her in connection | ||||||
10 | with an application for or receipt of money or benefits
from | ||||||
11 | the State of Illinois, from any political subdivision thereof, | ||||||
12 | or from
any program funded or administered in whole or in part | ||||||
13 | by the State of Illinois
or any political subdivision thereof.
| ||||||
14 | (d) Sentence. | ||||||
15 | (1) State benefits fraud is a Class 4 felony except when | ||||||
16 | more than $300
is obtained, in which case State benefits fraud | ||||||
17 | is a Class 3 felony. | ||||||
18 | (2) If State benefits fraud is a Class 3 felony when $300 | ||||||
19 | or less is obtained and a Class 2 felony when more than $300 is | ||||||
20 | obtained if a person knowingly misrepresents oneself as a | ||||||
21 | veteran or as a dependent of a veteran with the intent of | ||||||
22 | obtaining benefits or privileges provided by the State or its | ||||||
23 | political subdivisions to veterans or their dependents , then | ||||||
24 | State benefits fraud is a Class 3 felony when $300 or less is | ||||||
25 | obtained and a Class 2 felony when more than $300 is obtained . | ||||||
26 | For the purposes of this paragraph (2), benefits and privileges |
| |||||||
| |||||||
1 | include, but are not limited to, those benefits and privileges | ||||||
2 | available under the Veterans' Employment Act, the Viet Nam | ||||||
3 | Veterans Compensation Act, the Prisoner of War Bonus Act, the | ||||||
4 | War Bonus Extension Act, the Military Veterans Assistance Act, | ||||||
5 | the Veterans' Employment Representative Act, the Veterans | ||||||
6 | Preference Act, the Service Member's Employment Tenure Act, the | ||||||
7 | Disabled Veterans Housing Act, the Under Age Veterans Benefits | ||||||
8 | Act, the Survivors Compensation Act, the Children of Deceased | ||||||
9 | Veterans Act, the Veterans Burial Places Act, the Higher | ||||||
10 | Education Student Assistance Act, or any other loans, | ||||||
11 | assistance in employment, monetary payments, or tax exemptions | ||||||
12 | offered by the State or its political subdivisions for veterans | ||||||
13 | or their dependents.
| ||||||
14 | (Source: P.A. 94-486, eff. 1-1-06.)
| ||||||
15 | (720 ILCS 5/17-6.3 new)
| ||||||
16 | Sec. 17-6.3. WIC fraud. | ||||||
17 | (a) For the purposes of this Section, the Special
| ||||||
18 | Supplemental Food Program for Women, Infants and Children | ||||||
19 | administered by the Illinois Department of Public Health or | ||||||
20 | Department of
Human Services shall be referred to as "WIC". | ||||||
21 | (b) A person commits WIC fraud if he or she knowingly (i) | ||||||
22 | uses, acquires,
possesses, or transfers WIC Food
Instruments or | ||||||
23 | authorizations to participate in WIC in any manner not | ||||||
24 | authorized by law or the rules of the Illinois
Department of | ||||||
25 | Public Health or Department of Human Services or (ii) uses, |
| |||||||
| |||||||
1 | acquires, possesses, or
transfers altered WIC Food Instruments
| ||||||
2 | or authorizations to participate in WIC. | ||||||
3 | (c) Administrative malfeasance. | ||||||
4 | (1) A person commits administrative malfeasance if he | ||||||
5 | or she knowingly or recklessly misappropriates, misuses, | ||||||
6 | or unlawfully withholds or
converts to his or her own use | ||||||
7 | or to the use of another any public funds made
available | ||||||
8 | for WIC. | ||||||
9 | (2) An official or employee of the State or a unit of | ||||||
10 | local
government who knowingly aids, abets, assists, or | ||||||
11 | participates in a known violation of this Section is
| ||||||
12 | subject to disciplinary proceedings under the rules of the | ||||||
13 | applicable
State agency or unit of local government. | ||||||
14 | (d) Unauthorized possession of identification document. A
| ||||||
15 | person commits unauthorized possession of an identification | ||||||
16 | document if he or she knowingly possesses, with intent to | ||||||
17 | commit a misdemeanor or felony, another person's | ||||||
18 | identification
document issued by the Illinois Department of | ||||||
19 | Public Health or Department of
Human Services. For purposes of | ||||||
20 | this Section, "identification document"
includes, but is not | ||||||
21 | limited to, an authorization to participate in WIC or a card or | ||||||
22 | other document
that identifies a person as being entitled to | ||||||
23 | WIC benefits. | ||||||
24 | (e) Penalties. | ||||||
25 | (1) If an individual, firm, corporation, association, | ||||||
26 | agency,
institution, or other legal entity is found by a |
| |||||||
| |||||||
1 | court to have
engaged in an act, practice, or course of | ||||||
2 | conduct declared unlawful under
subsection (a), (b), or (c) | ||||||
3 | of this Section and: | ||||||
4 | (A) the total amount of money involved in the | ||||||
5 | violation, including the
monetary value of the WIC Food | ||||||
6 | Instruments and the
value of commodities, is less than | ||||||
7 | $150, the violation is a Class A
misdemeanor; a second | ||||||
8 | or subsequent violation is a Class 4 felony; | ||||||
9 | (B) the total amount of money involved in the | ||||||
10 | violation, including the
monetary value of the WIC Food | ||||||
11 | Instruments and the
value of commodities, is $150 or | ||||||
12 | more but less than $1,000, the violation is a
Class 4 | ||||||
13 | felony; a second or subsequent violation is a Class 3 | ||||||
14 | felony; | ||||||
15 | (C) the total amount of money involved in the | ||||||
16 | violation, including the
monetary value of the WIC Food | ||||||
17 | Instruments and the
value of commodities, is $1,000 or | ||||||
18 | more but less than $5,000, the violation is
a Class 3 | ||||||
19 | felony; a second or subsequent violation is a Class 2 | ||||||
20 | felony; | ||||||
21 | (D) the total amount of money involved in the | ||||||
22 | violation, including the
monetary value of the WIC Food | ||||||
23 | Instruments and the
value of commodities, is $5,000 or | ||||||
24 | more but less than $10,000, the violation is
a Class 2 | ||||||
25 | felony; a second or subsequent violation is a Class 1 | ||||||
26 | felony; or |
| |||||||
| |||||||
1 | (E) the total amount of money involved in the | ||||||
2 | violation, including the
monetary value of the WIC Food | ||||||
3 | Instruments and the
value of commodities, is $10,000 or | ||||||
4 | more, the violation is a Class 1 felony and
the | ||||||
5 | defendant shall be permanently ineligible to | ||||||
6 | participate in WIC. | ||||||
7 | (2) A violation of subsection (d) is a Class 4 felony. | ||||||
8 | (3) The State's Attorney of the county in which the | ||||||
9 | violation of this
Section occurred or the Attorney General | ||||||
10 | shall bring actions arising under this
Section in the name | ||||||
11 | of the People of the State of Illinois. | ||||||
12 | (4) For purposes of determining the classification of | ||||||
13 | an offense under this
subsection (e), all of the money | ||||||
14 | received as a result of the unlawful act, practice,
or | ||||||
15 | course of conduct, including the value of any WIC Food | ||||||
16 | Instruments and the value of commodities, shall be
| ||||||
17 | aggregated. | ||||||
18 | (f) Seizure and forfeiture of property. | ||||||
19 | (1) A person who commits a felony violation
of this | ||||||
20 | Section is subject to the property forfeiture provisions | ||||||
21 | set forth in Article 124B of the Code of Criminal Procedure | ||||||
22 | of 1963. | ||||||
23 | (2) Property subject to forfeiture under this | ||||||
24 | subsection (f) may be seized by the
Director of State | ||||||
25 | Police or any
local law enforcement agency upon process or | ||||||
26 | seizure warrant issued by any
court having
jurisdiction |
| |||||||
| |||||||
1 | over the
property. The Director or a local law enforcement | ||||||
2 | agency may seize property
under this
subsection (f) without | ||||||
3 | process under any of the following circumstances: | ||||||
4 | (A) If the seizure is incident to inspection under | ||||||
5 | an administrative
inspection
warrant. | ||||||
6 | (B) If the property subject to seizure has been the | ||||||
7 | subject of a prior
judgment in
favor of the State in a | ||||||
8 | criminal proceeding or in an injunction or forfeiture
| ||||||
9 | proceeding under
Article 124B of the Code of Criminal | ||||||
10 | Procedure of 1963. | ||||||
11 | (C) If there is probable cause to believe that the | ||||||
12 | property is
directly or indirectly
dangerous to health | ||||||
13 | or safety. | ||||||
14 | (D) If there is probable cause to believe that the | ||||||
15 | property is subject
to forfeiture
under this | ||||||
16 | subsection (f) and Article 124B of the Code of Criminal | ||||||
17 | Procedure of 1963 and the property is seized under | ||||||
18 | circumstances in which a
warrantless seizure or
arrest | ||||||
19 | would be reasonable. | ||||||
20 | (E) In accordance with the Code of Criminal | ||||||
21 | Procedure of 1963. | ||||||
22 | (g) Future participation as WIC vendor. A person
who has
| ||||||
23 | been convicted of a felony violation of this Section is | ||||||
24 | prohibited from
participating as a WIC vendor for a minimum | ||||||
25 | period of 3 years following
conviction and until the total | ||||||
26 | amount of money involved in the violation,
including the value |
| |||||||
| |||||||
1 | of WIC Food Instruments and the value of commodities, is repaid | ||||||
2 | to WIC.
This prohibition shall extend to any person with | ||||||
3 | management responsibility in a
firm, corporation, association, | ||||||
4 | agency, institution, or other legal entity that
has been | ||||||
5 | convicted of a violation of this Section and to an officer or | ||||||
6 | person
owning, directly or indirectly, 5% or more of the shares | ||||||
7 | of stock or other
evidences of ownership in a corporate vendor. | ||||||
8 | (720 ILCS 5/17-6.5 new)
| ||||||
9 | Sec. 17-6.5. Persons under deportation order; | ||||||
10 | ineligibility for benefits. | ||||||
11 | (a) An individual against whom a United States Immigration | ||||||
12 | Judge
has issued an order of deportation which has been | ||||||
13 | affirmed by the Board of
Immigration Review, as well as an | ||||||
14 | individual who appeals such an order
pending appeal, under | ||||||
15 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
16 | Nationality Act relating to persecution of others on
account of | ||||||
17 | race, religion, national origin or political opinion under the
| ||||||
18 | direction of or in association with the Nazi government of | ||||||
19 | Germany or its
allies, shall be ineligible for the following | ||||||
20 | benefits authorized by State law: | ||||||
21 | (1) The homestead exemptions and homestead improvement
| ||||||
22 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
23 | 15-180 of the Property Tax Code. | ||||||
24 | (2) Grants under the Senior Citizens and Disabled | ||||||
25 | Persons Property Tax
Relief and Pharmaceutical Assistance |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (3) The double income tax exemption conferred upon | ||||||
3 | persons 65 years of
age or older by Section 204 of the | ||||||
4 | Illinois Income Tax Act. | ||||||
5 | (4) Grants provided by the Department on Aging. | ||||||
6 | (5) Reductions in vehicle registration fees under | ||||||
7 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
8 | (6) Free fishing and reduced fishing license fees under | ||||||
9 | Sections 20-5
and 20-40 of the Fish and Aquatic Life Code. | ||||||
10 | (7) Tuition free courses for senior citizens under the | ||||||
11 | Senior Citizen
Courses Act. | ||||||
12 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
13 | (b) If a person has been found by a court to have knowingly
| ||||||
14 | received benefits in violation of subsection (a) and: | ||||||
15 | (1) the total monetary value of the benefits received | ||||||
16 | is less than $150, the person is guilty
of a Class A | ||||||
17 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
18 | felony; | ||||||
19 | (2) the total monetary value of the benefits received | ||||||
20 | is $150 or more but less than $1,000,
the person is guilty | ||||||
21 | of a Class 4 felony; a second or subsequent violation is a | ||||||
22 | Class 3 felony; | ||||||
23 | (3) the total monetary value of the benefits received | ||||||
24 | is $1,000 or more but less than $5,000,
the person is | ||||||
25 | guilty of a Class 3 felony; a second or subsequent | ||||||
26 | violation is a Class 2 felony; |
| |||||||
| |||||||
1 | (4) the total monetary value of the benefits received | ||||||
2 | is $5,000 or more but less than $10,000,
the person is | ||||||
3 | guilty of a Class 2 felony; a second or subsequent | ||||||
4 | violation is a Class 1 felony; or | ||||||
5 | (5) the total monetary value of the benefits received | ||||||
6 | is $10,000 or more, the person is guilty
of a Class 1 | ||||||
7 | felony. | ||||||
8 | (c) For purposes of determining the classification of an | ||||||
9 | offense under
this Section, all of the monetary value of the | ||||||
10 | benefits
received as a result of the unlawful act,
practice, or | ||||||
11 | course of conduct may be accumulated. | ||||||
12 | (d) Any grants awarded to persons described in subsection | ||||||
13 | (a) may be recovered by the State of Illinois in a civil action | ||||||
14 | commenced
by the Attorney General in the circuit court of | ||||||
15 | Sangamon County or the
State's Attorney of the county of | ||||||
16 | residence of the person described in
subsection (a). | ||||||
17 | (e) An individual described in subsection (a) who has been
| ||||||
18 | deported shall be restored to any benefits which that | ||||||
19 | individual has been
denied under State law pursuant to | ||||||
20 | subsection (a) if (i) the Attorney
General of the United States | ||||||
21 | has issued an order cancelling deportation and
has adjusted the | ||||||
22 | status of the individual to that of an alien lawfully
admitted | ||||||
23 | for permanent residence in the United States or (ii) the | ||||||
24 | country
to which the individual has been deported adjudicates | ||||||
25 | or exonerates the
individual in a judicial or administrative | ||||||
26 | proceeding as not being guilty
of the persecution of others on |
| |||||||
| |||||||
1 | account of race, religion, national origin,
or political | ||||||
2 | opinion under the direction of or in association with the Nazi
| ||||||
3 | government of Germany or its allies.
| ||||||
4 | (720 ILCS 5/17-8.3)
(was 720 ILCS 5/17-22)
| ||||||
5 | Sec. 17-8.3 17-22 .
False information on an application for | ||||||
6 | employment with
certain public or private agencies ; use of | ||||||
7 | false academic degree .
| ||||||
8 | (a) It is unlawful for an applicant for employment with a | ||||||
9 | public or private
agency that provides State funded services to | ||||||
10 | persons with mental illness or
developmental disabilities to | ||||||
11 | knowingly wilfully furnish false information regarding
| ||||||
12 | professional certification, licensing, criminal background, or | ||||||
13 | employment
history for the 5 years immediately preceding the | ||||||
14 | date of application
on an
application for
employment with the | ||||||
15 | agency if the position of employment requires or provides
| ||||||
16 | opportunity for contact with persons with mental illness or | ||||||
17 | developmental
disabilities.
| ||||||
18 | (b) It is unlawful for a person to knowingly use a false | ||||||
19 | academic
degree for the purpose of obtaining employment or | ||||||
20 | admission to an
institution of higher learning or admission to | ||||||
21 | an advanced degree
program at an institution of higher learning | ||||||
22 | or for the purpose of obtaining
a promotion or higher | ||||||
23 | compensation in employment. | ||||||
24 | (c) (b) Sentence. A violation of this Section is a Class A | ||||||
25 | misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-390, eff. 1-1-98.)
| ||||||
2 | (720 ILCS 5/17-8.5 new) | ||||||
3 | Sec. 17-8.5. Fraud on a governmental entity. | ||||||
4 | (a) Fraud on a governmental entity. A person commits fraud | ||||||
5 | on a governmental entity when he
or she
knowingly obtains, | ||||||
6 | attempts to obtain, or causes to be
obtained, by deception, | ||||||
7 | control over the property of
any governmental entity by the | ||||||
8 | making of a
false claim of bodily injury or of damage to or | ||||||
9 | loss or theft of property or
by causing a false claim of bodily | ||||||
10 | injury or of damage to or loss or theft of
property to be made
| ||||||
11 | against
the governmental entity, intending to deprive the | ||||||
12 | governmental entity
permanently
of the use and benefit of that | ||||||
13 | property. | ||||||
14 | (b) Aggravated fraud on a governmental entity. A person | ||||||
15 | commits aggravated fraud on a governmental entity when he or | ||||||
16 | she commits fraud on a governmental entity 3 or more times
| ||||||
17 | within an 18-month period arising out of separate incidents or | ||||||
18 | transactions. | ||||||
19 | (c) Conspiracy to commit fraud on a governmental entity. If | ||||||
20 | aggravated fraud on a governmental entity forms the basis for a | ||||||
21 | charge of conspiracy under Section 8-2 of this Code against a | ||||||
22 | person, the person or persons with whom the accused is
alleged | ||||||
23 | to have agreed to commit the 3 or more violations of this | ||||||
24 | Section need
not be the same person or persons for each | ||||||
25 | violation, as long as the accused
was a part of the common |
| |||||||
| |||||||
1 | scheme or plan to engage in each of the 3 or more
alleged | ||||||
2 | violations. | ||||||
3 | (d) Organizer of an aggravated fraud on a governmental | ||||||
4 | entity conspiracy. A person commits being an organizer of an | ||||||
5 | aggravated
fraud on a governmental entity conspiracy if | ||||||
6 | aggravated fraud on a governmental entity forms the basis for a | ||||||
7 | charge of conspiracy under Section 8-2 of this Code and the | ||||||
8 | person occupies a
position of organizer, supervisor, financer, | ||||||
9 | or other position of management within the conspiracy. | ||||||
10 | For the purposes of this Section, the
person or persons | ||||||
11 | with whom the accused is alleged to have agreed to commit
the 3 | ||||||
12 | or more violations of subdivision (a)(1) of Section 17-10.5 or | ||||||
13 | subsection (a) of Section 17-8.5 of this Code need not be
the
| ||||||
14 | same person or persons for each violation, as long as the | ||||||
15 | accused occupied
a position of organizer, supervisor, | ||||||
16 | financer, or other position of management
in each of the 3 or | ||||||
17 | more alleged violations. | ||||||
18 | Notwithstanding Section 8-5 of this Code, a person may be | ||||||
19 | convicted and
sentenced both for the offense of being an | ||||||
20 | organizer of an aggravated
fraud
conspiracy and for any other | ||||||
21 | offense that is the object of the conspiracy. | ||||||
22 | (e) Sentence. | ||||||
23 | (1) A violation of subsection (a) in which the value of | ||||||
24 | the property
obtained or attempted to be obtained is $300 | ||||||
25 | or less is a Class A misdemeanor. | ||||||
26 | (2) A violation of subsection (a) in which the value of |
| |||||||
| |||||||
1 | the property
obtained or attempted to be obtained is more | ||||||
2 | than $300 but not more than
$10,000 is a Class 3 felony. | ||||||
3 | (3) A violation of subsection (a) in which the value of | ||||||
4 | the property
obtained or attempted to be obtained is more | ||||||
5 | than $10,000 but not more than
$100,000 is a Class 2 | ||||||
6 | felony. | ||||||
7 | (4) A violation of subsection (a) in which the value of | ||||||
8 | the property
obtained or attempted to be obtained is more | ||||||
9 | than $100,000 is a Class 1
felony. | ||||||
10 | (5) A violation of subsection (b) is a Class 1 felony, | ||||||
11 | regardless of
the value of the property obtained, attempted | ||||||
12 | to be obtained, or caused to be
obtained. | ||||||
13 | (6) The offense of being an organizer of an aggravated | ||||||
14 | fraud conspiracy
is a Class
X felony. | ||||||
15 | (7) Notwithstanding Section 8-5 of this Code, a person | ||||||
16 | may be convicted and
sentenced both for the offense of | ||||||
17 | conspiracy to commit
fraud and for any other offense that | ||||||
18 | is the object of the conspiracy. | ||||||
19 | (f) Civil damages for fraud on a governmental entity. A
| ||||||
20 | person who knowingly obtains, attempts to obtain, or causes to | ||||||
21 | be obtained, by
deception, control over the property of a | ||||||
22 | governmental entity by the making of
a
false claim of bodily | ||||||
23 | injury or of damage to or loss or theft of property,
intending | ||||||
24 | to deprive the governmental entity permanently of the use and | ||||||
25 | benefit
of that property, shall be civilly liable to the | ||||||
26 | governmental entity that paid
the claim or against whom the |
| |||||||
| |||||||
1 | claim was made or to the subrogee of the
governmental entity in | ||||||
2 | an amount equal to either 3 times the value of the
property | ||||||
3 | wrongfully obtained or, if property was not wrongfully | ||||||
4 | obtained, twice
the value of the property attempted to be | ||||||
5 | obtained, whichever amount is
greater, plus reasonable | ||||||
6 | attorney's fees. | ||||||
7 | (g) Determination of property value. For the purposes of | ||||||
8 | this Section, if the exact value of the property
attempted to | ||||||
9 | be obtained is either not alleged by the claimant or not | ||||||
10 | otherwise
specifically set, the value
of the
property shall be | ||||||
11 | the fair market replacement value of the property claimed to
be | ||||||
12 | lost, the reasonable costs of reimbursing a vendor or other | ||||||
13 | claimant for
services to be rendered, or both. | ||||||
14 | (h) Actions by State licensing agencies. | ||||||
15 | (1) All State licensing agencies, the Illinois State | ||||||
16 | Police, and
the
Department of Financial and Professional | ||||||
17 | Regulation shall coordinate enforcement efforts relating | ||||||
18 | to acts
of
fraud on a governmental entity. | ||||||
19 | (2) If a person who is licensed or registered under the | ||||||
20 | laws of the State of
Illinois to engage in a business or | ||||||
21 | profession is convicted of or pleads
guilty to engaging
in | ||||||
22 | an act of fraud on a governmental entity, the Illinois | ||||||
23 | State Police must forward
to each
State agency by which the | ||||||
24 | person is licensed or registered a copy of the
conviction | ||||||
25 | or
plea and all supporting evidence. | ||||||
26 | (3) Any agency that receives information under this |
| |||||||
| |||||||
1 | Section shall, not later
than
6 months after the date on | ||||||
2 | which it receives the information, publicly report the | ||||||
3 | final action
taken
against the convicted person, including | ||||||
4 | but not limited to the revocation or
suspension
of the | ||||||
5 | license or any other disciplinary action taken. | ||||||
6 | (i) Definitions. For the purposes of this Section, | ||||||
7 | "obtain", "obtains control", "deception", "property", and | ||||||
8 | "permanent deprivation" have the meanings ascribed to those | ||||||
9 | terms in Article 15 of this Code.
| ||||||
10 | (720 ILCS 5/17-9) (from Ch. 38, par. 17-9)
| ||||||
11 | Sec. 17-9. Public aid wire and mail fraud. | ||||||
12 | (a) Whoever knowingly (i) makes or
transmits any | ||||||
13 | communication by means of telephone, wire, radio , or
television | ||||||
14 | or (ii) places any communication with the United States Postal | ||||||
15 | Service, or with any private or other mail, package, or | ||||||
16 | delivery service or system , such communication being made, | ||||||
17 | transmitted , placed, or received within
the State of Illinois, | ||||||
18 | intending that such
communication be made , or transmitted , or | ||||||
19 | delivered in furtherance of any plan, scheme , or
design to | ||||||
20 | obtain, unlawfully, any
benefit or payment under the "The | ||||||
21 | Illinois Public Aid Code ", as amended ,
commits the offense of | ||||||
22 | public aid wire and mail fraud.
| ||||||
23 | (b) Whoever knowingly directs or causes any communication | ||||||
24 | to be (i) made or
transmitted by means of telephone, wire, | ||||||
25 | radio , or television or (ii) placed with the United States |
| |||||||
| |||||||
1 | Postal Service, or with any private or other mail, package, or | ||||||
2 | delivery service or system , intending
that such communication | ||||||
3 | be made , or transmitted , or delivered in furtherance of any | ||||||
4 | plan,
scheme , or design to obtain, unlawfully, any benefit or | ||||||
5 | payment under the "The
Illinois Public Aid
Code ", as amended , | ||||||
6 | commits the offense of public aid wire and mail fraud.
| ||||||
7 | (c) Sentence. A violation of this Section Penalty. Public | ||||||
8 | aid wire fraud is a Class 4 felony.
| ||||||
9 | (Source: P.A. 84-1255.)
| ||||||
10 | (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) | ||||||
11 | Sec. 17-10.2 17-29 . Businesses owned by minorities, | ||||||
12 | females, and persons with disabilities; fraudulent contracts | ||||||
13 | with governmental units. | ||||||
14 | (a) In this Section: | ||||||
15 | "Minority person" means a person who is:
(1) African | ||||||
16 | American (a person having origins in any
of the black | ||||||
17 | racial groups in Africa);
(2) Hispanic (a person of Spanish | ||||||
18 | or Portuguese
culture with origins in Mexico, South or | ||||||
19 | Central America, or the Caribbean Islands, regardless of | ||||||
20 | race);
(3) Asian American (a person having origins in any
| ||||||
21 | of the original peoples of the Far East, Southeast Asia, | ||||||
22 | the Indian Subcontinent or the Pacific Islands); or
(4) | ||||||
23 | Native American or Alaskan Native (a person
having origins | ||||||
24 | in any of the original peoples of North America). | ||||||
25 | "Female" means a person who is of the female gender.
|
| |||||||
| |||||||
1 | "Person with a disability" means a person who is a | ||||||
2 | person qualifying as being disabled.
| ||||||
3 | "Disabled" means a severe physical or mental | ||||||
4 | disability that:
(1) results from:
amputation,
arthritis,
| ||||||
5 | autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| ||||||
6 | cystic fibrosis,
deafness,
head injury,
heart disease,
| ||||||
7 | hemiplegia,
hemophilia,
respiratory or pulmonary | ||||||
8 | dysfunction,
mental retardation,
mental illness,
multiple | ||||||
9 | sclerosis,
muscular dystrophy,
musculoskeletal disorders,
| ||||||
10 | neurological disorders, including stroke and epilepsy,
| ||||||
11 | paraplegia,
quadriplegia and other spinal cord conditions,
| ||||||
12 | sickle cell anemia,
specific learning disabilities, or
end | ||||||
13 | stage renal failure disease; and
(2) substantially limits | ||||||
14 | one or more of the person's major life activities. | ||||||
15 | "Minority owned business" means a business concern | ||||||
16 | that is at least 51% owned by one or more minority persons, | ||||||
17 | or in the case of a corporation, at least 51% of the stock | ||||||
18 | in which is owned by one or more minority persons; and the | ||||||
19 | management and daily business operations of which are | ||||||
20 | controlled by one or more of the minority individuals who | ||||||
21 | own it. | ||||||
22 | "Female owned business" means a business concern that | ||||||
23 | is at least 51% owned by one or more females, or, in the | ||||||
24 | case of a corporation, at least 51% of the stock in which | ||||||
25 | is owned by one or more females; and the management and | ||||||
26 | daily business operations of which are controlled by one or |
| |||||||
| |||||||
1 | more of the females who own it. | ||||||
2 | "Business owned by a person with a disability" means a | ||||||
3 | business concern that is at least 51% owned by one or more | ||||||
4 | persons with a disability and the management and daily | ||||||
5 | business operations of which are controlled by one or more | ||||||
6 | of the persons with disabilities who own it. A | ||||||
7 | not-for-profit agency for persons with disabilities that | ||||||
8 | is exempt from taxation under Section 501 of the Internal | ||||||
9 | Revenue Code of 1986 is also considered a "business owned | ||||||
10 | by a person with a disability". | ||||||
11 | "Governmental unit" means the State, a unit of local | ||||||
12 | government, or school district. | ||||||
13 | (b) In addition to any other penalties imposed by law or by | ||||||
14 | an ordinance or resolution of a unit of local government or | ||||||
15 | school district, any individual or entity that knowingly | ||||||
16 | obtains, or knowingly assists another to obtain, a contract | ||||||
17 | with a governmental unit, or a subcontract or written | ||||||
18 | commitment for a subcontract under a contract with a | ||||||
19 | governmental unit, by falsely representing that the individual | ||||||
20 | or entity, or the individual or entity assisted, is a minority | ||||||
21 | owned business, female owned business, or business owned by a | ||||||
22 | person with a disability is guilty of a Class 2 felony, | ||||||
23 | regardless of whether the preference for awarding the contract | ||||||
24 | to a minority owned business, female owned business, or | ||||||
25 | business owned by a person with a disability was established by | ||||||
26 | statute or by local ordinance or resolution. |
| |||||||
| |||||||
1 | (c) In addition to any other penalties authorized by law, | ||||||
2 | the court shall order that an individual or entity convicted of | ||||||
3 | a violation of this Section must pay to the governmental unit | ||||||
4 | that awarded the contract a penalty equal to one and one-half | ||||||
5 | times the amount of the contract obtained because of the false | ||||||
6 | representation.
| ||||||
7 | (Source: P.A. 94-126, eff. 1-1-06; 94-863, eff. 6-16-06.) | ||||||
8 | (720 ILCS 5/17-10.3 new)
| ||||||
9 | Sec. 17-10.3. Deception relating to certification of | ||||||
10 | disadvantaged business enterprises. | ||||||
11 | (a) Fraudulently obtaining or retaining certification. A | ||||||
12 | person
who, in the course of business, fraudulently obtains or | ||||||
13 | retains
certification as a minority owned business or female | ||||||
14 | owned business commits
a Class 2 felony. | ||||||
15 | (b) Willfully making a false statement. A person who, in | ||||||
16 | the
course of business, willfully makes a false statement | ||||||
17 | whether by affidavit,
report or other representation, to an | ||||||
18 | official or employee of a State
agency or the Minority and | ||||||
19 | Female Business Enterprise Council for the
purpose of | ||||||
20 | influencing the certification or denial of certification of any
| ||||||
21 | business entity as a minority owned business or female owned | ||||||
22 | business
commits a Class 2 felony. | ||||||
23 | (c) Willfully obstructing or impeding an official or | ||||||
24 | employee of
any agency in his or her investigation.
Any person | ||||||
25 | who, in the course of business, willfully obstructs or impedes
|
| |||||||
| |||||||
1 | an official or employee of any State agency or the Minority and | ||||||
2 | Female
Business Enterprise Council
who is investigating the | ||||||
3 | qualifications of a business
entity which has requested | ||||||
4 | certification as a minority owned business or a
female owned | ||||||
5 | business commits a Class 2 felony. | ||||||
6 | (d) Fraudulently obtaining public moneys reserved for
| ||||||
7 | disadvantaged business enterprises. Any person who, in the | ||||||
8 | course of
business, fraudulently obtains public moneys | ||||||
9 | reserved for, or allocated or
available to minority owned | ||||||
10 | businesses or female owned businesses commits a
Class 2 felony. | ||||||
11 | (e) Definitions. As used in this Article, "minority owned
| ||||||
12 | business", "female owned business", "State agency" and | ||||||
13 | "certification" shall
have the meanings ascribed to them in | ||||||
14 | Section 2 of the Business Enterprise for
Minorities, Females, | ||||||
15 | and
Persons with Disabilities Act. | ||||||
16 | (720 ILCS 5/Art. 17, Subdiv. 15 heading new)
| ||||||
17 | SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY | ||||||
18 | (720 ILCS 5/17-10.5 new)
| ||||||
19 | Sec. 17-10.5. Insurance fraud. | ||||||
20 | (a) Insurance fraud. | ||||||
21 | (1) A person commits insurance fraud when he or she | ||||||
22 | knowingly
obtains, attempts to obtain, or causes to be
| ||||||
23 | obtained, by deception, control over the property of an | ||||||
24 | insurance
company or self-insured entity by
the making of a |
| |||||||
| |||||||
1 | false claim or by causing a false claim to be made on any
| ||||||
2 | policy of insurance issued by an insurance
company or by | ||||||
3 | the making of a false claim or by causing a false claim to | ||||||
4 | be made to a self-insured entity,
intending to deprive an | ||||||
5 | insurance
company or self-insured entity permanently of | ||||||
6 | the use and
benefit of that property. | ||||||
7 | (2) A person commits health care benefits fraud against | ||||||
8 | a provider, other than a governmental unit or agency, when | ||||||
9 | he or she knowingly obtains or attempts to obtain, by | ||||||
10 | deception, health care benefits and that obtaining or | ||||||
11 | attempt to obtain health care benefits does not involve | ||||||
12 | control over property of the provider. | ||||||
13 | (b) Aggravated insurance fraud. | ||||||
14 | (1) A person commits aggravated insurance fraud on a | ||||||
15 | private entity when he or she commits insurance fraud 3 or | ||||||
16 | more times within an 18-month period arising out of | ||||||
17 | separate incidents or transactions. | ||||||
18 | (2) A person commits being an organizer of an | ||||||
19 | aggravated insurance fraud on a private entity conspiracy | ||||||
20 | if aggravated insurance fraud on a private entity forms the | ||||||
21 | basis for a charge of conspiracy under Section 8-2 of this | ||||||
22 | Code and the person occupies a position of organizer, | ||||||
23 | supervisor, financer, or other position of management | ||||||
24 | within the conspiracy. | ||||||
25 | (c) Conspiracy to commit insurance fraud. If aggravated | ||||||
26 | insurance fraud on a private entity forms the basis for charges |
| |||||||
| |||||||
1 | of conspiracy under Section 8-2 of this Code, the person or | ||||||
2 | persons with whom the accused is alleged to have agreed to | ||||||
3 | commit the 3 or more violations of this Section need not be the | ||||||
4 | same person or persons for each violation, as long as the | ||||||
5 | accused was a part of the common scheme or plan to engage in | ||||||
6 | each of the 3 or more alleged violations. | ||||||
7 | If aggravated insurance fraud on a private entity forms the | ||||||
8 | basis for a charge of conspiracy under Section 8-2 of this | ||||||
9 | Code, and the accused occupies a position of organizer, | ||||||
10 | supervisor, financer, or other position of management within | ||||||
11 | the conspiracy, the person or persons with whom the accused is | ||||||
12 | alleged to have agreed to commit the 3 or more violations of | ||||||
13 | this Section need not be the same person or persons for each | ||||||
14 | violation as long as the accused occupied a position of | ||||||
15 | organizer, supervisor, financer, or other position of | ||||||
16 | management in each of the 3 or more alleged violations. | ||||||
17 | (d) Sentence. | ||||||
18 | (1) A violation of paragraph (a)(1) in which the value | ||||||
19 | of the property
obtained, attempted to be obtained, or | ||||||
20 | caused to be obtained is $300 or less is a Class A | ||||||
21 | misdemeanor. | ||||||
22 | (2) A violation of paragraph (a)(1) in which the value | ||||||
23 | of the property
obtained, attempted to be obtained, or | ||||||
24 | caused to be obtained is more than $300 but not more than
| ||||||
25 | $10,000 is a Class 3 felony. | ||||||
26 | (3) A violation of paragraph (a)(1) in which the value |
| |||||||
| |||||||
1 | of the property
obtained, attempted to be obtained, or | ||||||
2 | caused to be obtained is more than $10,000 but not more | ||||||
3 | than
$100,000 is a Class 2 felony. | ||||||
4 | (4) A violation of paragraph (a)(1) in which the value | ||||||
5 | of the property
obtained, attempted to be obtained, or | ||||||
6 | caused to be obtained is more than $100,000 is a Class 1 | ||||||
7 | felony. | ||||||
8 | (5) A violation of paragraph (a)(2) is a Class A | ||||||
9 | misdemeanor. | ||||||
10 | (6) A violation of paragraph (b)(1) is a Class 1 | ||||||
11 | felony, regardless of the value of the property obtained, | ||||||
12 | attempted to be obtained, or caused to be obtained. | ||||||
13 | (7) A violation of paragraph (b)(2) is a Class X | ||||||
14 | felony. | ||||||
15 | (8) A person convicted of insurance fraud, vendor | ||||||
16 | fraud, or a federal criminal violation associated with | ||||||
17 | defrauding the Medicaid program shall be ordered to pay
| ||||||
18 | monetary
restitution to the insurance company or | ||||||
19 | self-insured entity or any other person for any
financial | ||||||
20 | loss
sustained as a result of a violation of this Section, | ||||||
21 | including any court costs
and attorney's
fees. An order of | ||||||
22 | restitution shall include expenses incurred and paid by the | ||||||
23 | State of Illinois or
an insurance company or self-insured | ||||||
24 | entity
in connection with any medical evaluation or | ||||||
25 | treatment services. | ||||||
26 | (9) Notwithstanding Section 8-5 of this Code, a person |
| |||||||
| |||||||
1 | may be convicted and sentenced both for the offense of | ||||||
2 | conspiracy to commit insurance fraud and for any other | ||||||
3 | offense that is the object of the conspiracy. | ||||||
4 | (e) Civil damages for insurance fraud. | ||||||
5 | (1) A person who knowingly obtains, attempts to obtain, | ||||||
6 | or causes to be
obtained, by deception, control over the | ||||||
7 | property of any insurance company by
the making of a false | ||||||
8 | claim or by causing a false claim to be made on a
policy of | ||||||
9 | insurance issued by an insurance
company, or by the making | ||||||
10 | of a false claim or by causing a false claim to be
made to a | ||||||
11 | self-insured entity,
intending to deprive an insurance | ||||||
12 | company
or self-insured entity permanently of the use and
| ||||||
13 | benefit of that property, shall be civilly liable to the | ||||||
14 | insurance company or
self-insured entity that
paid the | ||||||
15 | claim or against whom the claim was made or to the subrogee | ||||||
16 | of that
insurance company or self-insured entity in an | ||||||
17 | amount equal to either 3
times the value of the property
| ||||||
18 | wrongfully obtained or, if no property was wrongfully | ||||||
19 | obtained, twice the
value of the property attempted to be
| ||||||
20 | obtained, whichever amount is greater, plus reasonable | ||||||
21 | attorney's fees. | ||||||
22 | (2) An insurance company or self-insured entity that | ||||||
23 | brings an action
against a person under
paragraph (1) of | ||||||
24 | this subsection in bad faith shall be liable to that person | ||||||
25 | for
twice the value of the property claimed, plus | ||||||
26 | reasonable attorney's fees. In
determining whether an |
| |||||||
| |||||||
1 | insurance company or self-insured entity acted in
bad | ||||||
2 | faith, the court shall
relax the rules of evidence to allow | ||||||
3 | for the introduction of any facts or other
information on | ||||||
4 | which the insurance company or self-insured entity may have
| ||||||
5 | relied in bringing an
action under paragraph (1) of this | ||||||
6 | subsection. | ||||||
7 | (f) Determination of property value. For the purposes of | ||||||
8 | this Section, if the exact value of the property
attempted to | ||||||
9 | be obtained is either not alleged by the claimant or not
| ||||||
10 | specifically set by the terms of a policy of insurance, the | ||||||
11 | value
of the
property shall be the fair market replacement | ||||||
12 | value of the property claimed to
be lost, the reasonable costs | ||||||
13 | of reimbursing a vendor or other claimant for
services to be | ||||||
14 | rendered, or both. | ||||||
15 | (g) Actions by State licensing agencies. | ||||||
16 | (1) All State licensing agencies, the Illinois State | ||||||
17 | Police, and
the
Department of Financial and Professional | ||||||
18 | Regulation shall coordinate enforcement efforts relating | ||||||
19 | to acts
of
insurance fraud. | ||||||
20 | (2) If a person who is licensed or registered under the | ||||||
21 | laws of the State of
Illinois to engage in a business or | ||||||
22 | profession is convicted of or pleads
guilty to engaging
in | ||||||
23 | an act of insurance fraud, the Illinois State Police must | ||||||
24 | forward
to each
State agency by which the person is | ||||||
25 | licensed or registered a copy of the
conviction or
plea and | ||||||
26 | all supporting evidence. |
| |||||||
| |||||||
1 | (3) Any agency that receives information under this | ||||||
2 | Section shall, not later
than
6 months after the date on | ||||||
3 | which it receives the information, publicly report the | ||||||
4 | final action
taken
against the convicted person, including | ||||||
5 | but not limited to the revocation or
suspension
of the | ||||||
6 | license or any other disciplinary action taken. | ||||||
7 | (h) Definitions. For the purposes of this Section, | ||||||
8 | "obtain", "obtains control", "deception", "property", and | ||||||
9 | "permanent deprivation" have the meanings ascribed to those | ||||||
10 | terms in Article 15 of this Code. | ||||||
11 | (720 ILCS 5/17-10.6 new) | ||||||
12 | Sec. 17-10.6. Financial institution fraud. | ||||||
13 | (a) Misappropriation of financial institution property. A | ||||||
14 | person commits misappropriation of a financial institution's | ||||||
15 | property whenever he or she knowingly obtains or exerts | ||||||
16 | unauthorized control over any of the moneys, funds, or credits | ||||||
17 | of a financial institution, or any securities entrusted to the | ||||||
18 | custody or care of a financial institution or to the custody or | ||||||
19 | care of any agent, officer, director, or employee of a | ||||||
20 | financial institution. | ||||||
21 | (b) Commercial bribery of a financial institution. | ||||||
22 | (1) A person commits commercial bribery of a financial | ||||||
23 | institution when he or she knowingly confers or offers or | ||||||
24 | agrees to confer any benefit upon any employee, agent, or | ||||||
25 | fiduciary without the consent of the latter's employer or |
| |||||||
| |||||||
1 | principal, with the intent to influence his or her conduct | ||||||
2 | in relation to his or her employer's or principal's | ||||||
3 | affairs. | ||||||
4 | (2) An employee, agent, or fiduciary of a financial | ||||||
5 | institution commits commercial bribery of a financial | ||||||
6 | institution when, without the consent of his or her | ||||||
7 | employer or principal, he or she knowingly solicits, | ||||||
8 | accepts, or agrees to accept any benefit from another | ||||||
9 | person upon an agreement or understanding that such benefit | ||||||
10 | will influence his or her conduct in relation to his or her | ||||||
11 | employer's or principal's affairs. | ||||||
12 | (c) Financial institution fraud. A person commits | ||||||
13 | financial institution fraud when he or she knowingly executes | ||||||
14 | or attempts to execute a scheme or artifice: | ||||||
15 | (1) to defraud a financial institution; or | ||||||
16 | (2) to obtain any of the moneys, funds, credits, | ||||||
17 | assets, securities, or other property owned by or under the | ||||||
18 | custody or control of a financial institution, by means of | ||||||
19 | pretenses, representations, or promises he or she knows to | ||||||
20 | be false. | ||||||
21 | (d) Loan fraud. A person commits loan fraud when he or she | ||||||
22 | knowingly, with intent to defraud, makes any false statement or | ||||||
23 | report, or overvalues any land, property, or security, with the | ||||||
24 | intent to influence in any way the action of a financial | ||||||
25 | institution to act upon any application, advance, discount, | ||||||
26 | purchase, purchase agreement, repurchase agreement, |
| |||||||
| |||||||
1 | commitment, or loan, or any change or extension of any of the | ||||||
2 | same, by renewal, deferment of action, or otherwise, or the | ||||||
3 | acceptance, release, or substitution of security. | ||||||
4 | (e) Concealment of collateral. A person commits | ||||||
5 | concealment of collateral when he or she, with intent to | ||||||
6 | defraud, knowingly conceals, removes, disposes of, or converts | ||||||
7 | to the person's own use or to that of another any property | ||||||
8 | mortgaged or pledged to or held by a financial institution. | ||||||
9 | (f) Financial institution robbery. A person commits | ||||||
10 | robbery when he or she knowingly, by force or threat of force, | ||||||
11 | or by intimidation, takes, or attempts to take, from the person | ||||||
12 | or presence of another, or obtains or attempts to obtain by | ||||||
13 | extortion, any property or money or any other thing of value | ||||||
14 | belonging to, or in the care, custody, control, management, or | ||||||
15 | possession of, a financial institution. | ||||||
16 | (g) Conspiracy to commit a financial crime. | ||||||
17 | (1) A person commits conspiracy to commit a financial | ||||||
18 | crime when, with the intent that any violation of this | ||||||
19 | Section be committed, he or she agrees with another person | ||||||
20 | to the commission of that offense. | ||||||
21 | (2) No person may be convicted of conspiracy to commit | ||||||
22 | a financial crime unless an overt act or acts in | ||||||
23 | furtherance of the agreement is alleged and proved to have | ||||||
24 | been committed by that person or by a co-conspirator and | ||||||
25 | the accused is a part of a common scheme or plan to engage | ||||||
26 | in the unlawful activity. |
| |||||||
| |||||||
1 | (3) It shall not be a defense to conspiracy to commit a | ||||||
2 | financial crime that the person or persons with whom the | ||||||
3 | accused is alleged to have conspired: | ||||||
4 | (A) has not been prosecuted or convicted; | ||||||
5 | (B) has been convicted of a different offense; | ||||||
6 | (C) is not amenable to justice; | ||||||
7 | (D) has been acquitted; or | ||||||
8 | (E) lacked the capacity to commit the offense. | ||||||
9 | (h) Continuing financial crimes enterprise. A person | ||||||
10 | commits a continuing financial crimes enterprise when he or she | ||||||
11 | knowingly, within an 18-month period, commits 3 or more | ||||||
12 | separate offenses under this Section or, if involving a | ||||||
13 | financial institution, any other felony offenses under this | ||||||
14 | Code. | ||||||
15 | (i) Organizer of a continuing financial crimes enterprise. | ||||||
16 | (1) A person commits being an organizer of a continuing | ||||||
17 | financial crimes enterprise when he or she: | ||||||
18 | (A) with the intent to commit any offense under | ||||||
19 | this Section, or, if involving a financial | ||||||
20 | institution, any other felony offense under this Code, | ||||||
21 | agrees with another person to the commission of that | ||||||
22 | offense on 3 or more separate occasions within an | ||||||
23 | 18-month period; and | ||||||
24 | (B) with respect to the other persons within the | ||||||
25 | conspiracy, occupies a position of organizer, | ||||||
26 | supervisor, or financier or other position of |
| |||||||
| |||||||
1 | management. | ||||||
2 | (2) The person with whom the accused agreed to commit | ||||||
3 | the 3 or more offenses under this Section, or, if involving | ||||||
4 | a financial institution, any other felony offenses under | ||||||
5 | this Code, need not be the same person or persons for each | ||||||
6 | offense, as long as the accused was a part of the common | ||||||
7 | scheme or plan to engage in each of the 3 or more alleged | ||||||
8 | offenses. | ||||||
9 | (j) Sentence. | ||||||
10 | (1) Except as otherwise provided in this subsection, a | ||||||
11 | violation of this Section, the full value of which: | ||||||
12 | (A) does not exceed $300, is a Class A misdemeanor; | ||||||
13 | (B) does not exceed $300, and the person has been | ||||||
14 | previously convicted of a financial crime or any type | ||||||
15 | of theft, robbery, armed robbery, burglary, | ||||||
16 | residential burglary, possession of burglary tools, or | ||||||
17 | home invasion, is guilty of a Class 4 felony; | ||||||
18 | (C) exceeds $300 but does not exceed $10,000, is a | ||||||
19 | Class 3 felony; | ||||||
20 | (D) exceeds $10,000 but does not exceed $100,000, | ||||||
21 | is a Class 2 felony; | ||||||
22 | (E) exceeds $100,000, is a Class 1 felony. | ||||||
23 | (2) A violation of subsection (f) is a Class 1 felony. | ||||||
24 | (3) A violation of subsection (h) is a Class 1 felony. | ||||||
25 | (4) A violation for subsection (i) is a Class X felony. | ||||||
26 | (k) A "financial crime" means an offense described in this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (l) Period of limitations. The period of limitations for | ||||||
3 | prosecution of any offense defined in this Section begins at | ||||||
4 | the time when the last act in furtherance of the offense is | ||||||
5 | committed. | ||||||
6 | (720 ILCS 5/17-10.7 new)
| ||||||
7 | Sec. 17-10.7. Insurance claims for excessive charges. | ||||||
8 | (a) A person who sells goods or services commits insurance | ||||||
9 | claims for excessive charges if: | ||||||
10 | (1) the person knowingly advertises or promises to | ||||||
11 | provide the goods or services
and to pay: | ||||||
12 | (A) all or part of any applicable insurance | ||||||
13 | deductible; or | ||||||
14 | (B) a rebate in an amount equal to all or part of | ||||||
15 | any applicable
insurance deductible; | ||||||
16 | (2) the goods or services are paid for by the consumer | ||||||
17 | from proceeds of a
property or casualty insurance policy; | ||||||
18 | and | ||||||
19 | (3) the person knowingly charges an amount for the | ||||||
20 | goods or services
that exceeds the usual and customary | ||||||
21 | charge by the person for the goods or
services by an amount | ||||||
22 | equal to or greater than all or part of the applicable
| ||||||
23 | insurance deductible paid by the person to an insurer on | ||||||
24 | behalf of an
insured or remitted to an insured by the | ||||||
25 | person as a rebate. |
| |||||||
| |||||||
1 | (b) A person who is insured under a property or casualty | ||||||
2 | insurance
policy commits insurance claims for excessive | ||||||
3 | charges if the person knowingly: | ||||||
4 | (1) submits a claim under the policy based on charges | ||||||
5 | that are in
violation of subsection (a) of this Section; or | ||||||
6 | (2) knowingly allows a claim in violation of subsection | ||||||
7 | (a) of this
Section to be submitted, unless the person | ||||||
8 | promptly notifies the insurer of
the excessive charges. | ||||||
9 | (c) Sentence. A violation of this Section is a Class A | ||||||
10 | misdemeanor. | ||||||
11 | (720 ILCS 5/Art. 17, Subdiv. 20 heading new)
| ||||||
12 | SUBDIVISION 20. FRAUDULENT TAMPERING
| ||||||
13 | (720 ILCS 5/17-11) (from Ch. 38, par. 17-11)
| ||||||
14 | Sec. 17-11. Odometer or hour meter fraud Fraud . A Any | ||||||
15 | person commits odometer or hour meter fraud when he or she | ||||||
16 | disconnects, resets, or alters, or causes who shall, with | ||||||
17 | intent to
defraud another, disconnect, reset, or
alter, or | ||||||
18 | cause to be disconnected, reset , or altered, the odometer of | ||||||
19 | any
used motor vehicle or the hour meter of any used farm | ||||||
20 | implement with the intent to conceal or change the actual miles
| ||||||
21 | driven or hours of operation with the intent to defraud | ||||||
22 | another. A violation of this Section is shall be
guilty of a | ||||||
23 | Class A misdemeanor. A person convicted of a second or
| ||||||
24 | subsequent violation is of this Section shall be guilty of a |
| |||||||
| |||||||
1 | Class 4 felony.
This Section does shall not apply to legitimate | ||||||
2 | business practices of automotive or implement
parts recyclers | ||||||
3 | who recycle used odometers or hour meters for resale.
| ||||||
4 | (Source: P.A. 84-1391; 84-1438.)
| ||||||
5 | (720 ILCS 5/17-11.2)
| ||||||
6 | Sec. 17-11.2. Installation of object in lieu of air bag. A | ||||||
7 | Any person commits installation of object in lieu of airbag | ||||||
8 | when he or she, who
for consideration , knowingly
installs or | ||||||
9 | reinstalls in a vehicle any object in lieu of an air bag that | ||||||
10 | was
designed in
accordance with federal safety regulations for | ||||||
11 | the make, model, and year of the
vehicle as
part of a vehicle | ||||||
12 | inflatable restraint system . A violation of this Section is | ||||||
13 | guilty of a Class A
misdemeanor.
| ||||||
14 | (Source: P.A. 92-809, eff. 1-1-03.)
| ||||||
15 | (720 ILCS 5/17-11.5) (was 720 ILCS 5/16-22) | ||||||
16 | Sec. 17-11.5 16-22 . Tampering with a security, fire, or | ||||||
17 | life safety system.
| ||||||
18 | (a) A person commits the offense of tampering with a | ||||||
19 | security, fire, or life safety system when he or she knowingly | ||||||
20 | damages, sabotages, destroys, or causes a permanent or | ||||||
21 | temporary malfunction in any physical or electronic security, | ||||||
22 | fire, or life safety system or any component part of any of | ||||||
23 | those systems including, but not limited to, card readers, | ||||||
24 | magnetic stripe readers, Wiegand card readers, smart card |
| |||||||
| |||||||
1 | readers, proximity card readers, digital keypads, keypad | ||||||
2 | access controls, digital locks, electromagnetic locks, | ||||||
3 | electric strikes, electronic exit hardware, exit alarm | ||||||
4 | systems, delayed egress systems, biometric access control | ||||||
5 | equipment, intrusion detection systems and sensors, burglar | ||||||
6 | alarm systems, wireless burglar alarms, silent alarms, duress | ||||||
7 | alarms, hold-up alarms, glass break detectors, motion | ||||||
8 | detectors, seismic detectors, glass shock sensors, magnetic | ||||||
9 | contacts, closed circuit television (CCTV), security cameras, | ||||||
10 | digital cameras, dome cameras, covert cameras, spy cameras, | ||||||
11 | hidden cameras, wireless cameras, network cameras, IP | ||||||
12 | addressable cameras, CCTV camera lenses, video cassette | ||||||
13 | recorders, CCTV monitors, CCTV consoles, CCTV housings and | ||||||
14 | enclosures, CCTV pan-and-tilt devices, CCTV transmission and | ||||||
15 | signal equipment, wireless video transmitters, wireless video | ||||||
16 | receivers, radio frequency (RF) or microwave components, or | ||||||
17 | both, infrared illuminators, video motion detectors, video | ||||||
18 | recorders, time lapse CCTV recorders, digital video recorders | ||||||
19 | (DVRs), digital image storage systems, video converters, video | ||||||
20 | distribution amplifiers, video time-date generators, | ||||||
21 | multiplexers, switchers, splitters, fire alarms, smoke alarm | ||||||
22 | systems, smoke detectors, flame detectors, fire detection | ||||||
23 | systems and sensors, fire sprinklers, fire suppression | ||||||
24 | systems, fire extinguishing systems, public address systems, | ||||||
25 | intercoms, emergency telephones, emergency call boxes, | ||||||
26 | emergency pull stations, telephone entry systems, video entry |
| |||||||
| |||||||
1 | equipment, annunciators, sirens, lights, sounders, control | ||||||
2 | panels and components, and all associated computer hardware, | ||||||
3 | computer software, control panels, wires, cables, connectors, | ||||||
4 | electromechanical components, electronic modules, fiber | ||||||
5 | optics, filters, passive components, and power sources | ||||||
6 | including batteries and back-up power supplies. | ||||||
7 | (b) Sentence. A violation of this Section is a Class 4 | ||||||
8 | felony.
| ||||||
9 | (Source: P.A. 94-707, eff. 6-1-06 .)
| ||||||
10 | (720 ILCS 5/17-13)
| ||||||
11 | Sec. 17-13. Fraud in transfers of real and personal | ||||||
12 | property Fraudulent land sales . | ||||||
13 | (a) Conditional sale; sale without consent of title holder. | ||||||
14 | No person purchasing personal property under a conditional | ||||||
15 | sales
contract shall, during the existence of such conditional | ||||||
16 | sales contract and
before the conditions thereof have been | ||||||
17 | fulfilled, knowingly sell, transfer,
conceal, or in any manner | ||||||
18 | dispose of such property, or cause or allow
the same to be | ||||||
19 | done, without the written consent of the holder of title. | ||||||
20 | (b) Acknowledgment of fraudulent conveyance. No officer
| ||||||
21 | authorized to take the proof and acknowledgment of
a conveyance | ||||||
22 | of real or personal property or other instrument
shall | ||||||
23 | knowingly certify that the conveyance or other instrument was
| ||||||
24 | duly proven or acknowledged by a party to the conveyance or | ||||||
25 | other
instrument when no such acknowledgment or proof was
made, |
| |||||||
| |||||||
1 | or was not made at the time it was certified to have been made, | ||||||
2 | with
intent to injure or defraud or to enable any other person | ||||||
3 | to injure or
defraud. | ||||||
4 | (c) Fraudulent land sales. No A person, after once
selling, | ||||||
5 | bartering, or disposing of a
tract or tracts of land or a , town | ||||||
6 | lot or lots, or executing a bond or
agreement for the sale of | ||||||
7 | lands , or a town lot or lots, shall who
again knowingly and | ||||||
8 | with intent to defraud sell, barter, or dispose fraudulently | ||||||
9 | sells, barters, or
disposes of the same tract or tracts of | ||||||
10 | land , or town lot or
lots, or any part parts of those tracts of | ||||||
11 | land or , town lot or lots,
or
knowingly and with intent to | ||||||
12 | defraud execute fraudulently executes a bond or agreement to
| ||||||
13 | sell, barter, or dispose of the same land , or lot or lots, or | ||||||
14 | any
part of that land or , lot or lots, to any other person for a
| ||||||
15 | valuable consideration is guilty of a Class 3 felony .
| ||||||
16 | (d) Sentence. A violation of subsection (a) of this Section | ||||||
17 | is a Class A misdemeanor. A violation of subsection (b) of this | ||||||
18 | Section is a Class 4 felony. A violation of subsection (c) of | ||||||
19 | this Section is a Class 3 felony. | ||||||
20 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
21 | (720 ILCS 5/17-17)
| ||||||
22 | Sec. 17-17. Fraud in Fraudulent issuance of stock | ||||||
23 | transactions . | ||||||
24 | (a) No Every president,
cashier, treasurer, secretary, or | ||||||
25 | other officer , director, or and every agent ,
attorney, servant, |
| |||||||
| |||||||
1 | or employee of a bank, railroad, or
manufacturing or other | ||||||
2 | corporation, nor any and every other person , shall who,
| ||||||
3 | knowingly and designedly , and with intent to defraud , issue, | ||||||
4 | sell, transfer, assign, or pledge, or cause or procure a | ||||||
5 | person,
bank, railroad, or manufacturing or other corporation, | ||||||
6 | issues, sells,
transfers, assigns, or pledges, or causes or | ||||||
7 | procures to be issued, sold,
transferred, assigned, or
pledged, | ||||||
8 | any false, fraudulent, or simulated certificate or other | ||||||
9 | evidence
of ownership of a share or shares of the capital stock | ||||||
10 | of a bank, railroad, or
manufacturing or other corporation , is | ||||||
11 | guilty of a Class 3 felony .
| ||||||
12 | (b) No officer, director, or agent of a bank, railroad, or | ||||||
13 | other corporation shall knowingly sign, with intent to issue, | ||||||
14 | sell, pledge, or cause to be issued, sold, or pledged, any | ||||||
15 | false, fraudulent, or simulated certificate or other evidence | ||||||
16 | of the ownership or transfer of a share or shares of the | ||||||
17 | capital stock of that corporation, or an instrument purporting | ||||||
18 | to be a certificate or other evidence of the ownership or | ||||||
19 | transfer, the signing, issuing, selling, or pledging of which | ||||||
20 | by the officer, director, or agent is not authorized by law. | ||||||
21 | (c) Sentence. A violation of this Section is a Class 3 | ||||||
22 | felony. | ||||||
23 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
24 | (720 ILCS 5/17-20)
| ||||||
25 | Sec. 17-20. Obstructing gas, water, or and electric current |
| |||||||
| |||||||
1 | meters. A person commits obstructing gas, water, or electric | ||||||
2 | current meters when he or she knowingly , and
who, with intent | ||||||
3 | to injure or defraud a
company, body corporate, copartnership, | ||||||
4 | or individual, injures, alters,
obstructs, or prevents the
| ||||||
5 | action of a meter provided for the purpose of measuring and
| ||||||
6 | registering the quantity of gas, water, or electric current | ||||||
7 | consumed by or
at a burner, orifice, or place, or supplied to a
| ||||||
8 | lamp, motor, machine, or appliance, or causes,
procures, or | ||||||
9 | aids the injuring or altering of any
such meter or the | ||||||
10 | obstruction or prevention of its action, or makes or causes
to | ||||||
11 | be made with a gas pipe, water
pipe, or
electrical conductor | ||||||
12 | any connection so as to conduct or supply illumination or
| ||||||
13 | inflammable gas, water, or electric current to any burner,
| ||||||
14 | orifice, lamp, motor, or other machine or appliance
from which | ||||||
15 | the gas, water, or electricity may be consumed or
utilized | ||||||
16 | without passing through or being registered by a meter or | ||||||
17 | without the
consent or acquiescence of the company, municipal | ||||||
18 | corporation, body corporate,
copartnership, or individual | ||||||
19 | furnishing or transmitting the
gas, water, or electric current | ||||||
20 | through the gas pipe, water
pipe, or electrical conductor . A | ||||||
21 | violation of this Section , is guilty of a Class B
misdemeanor.
| ||||||
22 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
23 | (720 ILCS 5/17-21)
| ||||||
24 | Sec. 17-21. Obstructing service meters. A person commits | ||||||
25 | obstructing service meters when he or she knowingly , and who ,
|
| |||||||
| |||||||
1 | with the intent to defraud, tampers with, alters, obstructs or | ||||||
2 | prevents the
action of a meter, register, or other counting | ||||||
3 | device that is a part of a
mechanical or electrical machine,
| ||||||
4 | equipment, or device that measures service, without the
consent | ||||||
5 | of the owner of the machine, equipment, or device . A violation | ||||||
6 | of this Section ,
is guilty of a Class B misdemeanor.
| ||||||
7 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
8 | (720 ILCS 5/17-24)
| ||||||
9 | Sec. 17-24. Mail fraud and wire fraud Fraudulent schemes | ||||||
10 | and artifices .
| ||||||
11 | (a) Mail fraud. A person commits mail fraud when he or she: | ||||||
12 | (1) devises or intends to devise any scheme or artifice | ||||||
13 | to defraud, or to obtain money or property by means of | ||||||
14 | false or fraudulent pretenses, representations, or | ||||||
15 | promises, or to sell, dispose of, loan, exchange, alter, | ||||||
16 | give away, distribute, supply, or furnish or procure for | ||||||
17 | unlawful use any counterfeit obligation, security, or | ||||||
18 | other article, or anything represented to be or intimated | ||||||
19 | or held out to be such a counterfeit or spurious article; | ||||||
20 | and | ||||||
21 | (2) with the intent to execute such scheme or artifice | ||||||
22 | or to attempt to do so, does any of the following: | ||||||
23 | (A) Places in any post office or authorized | ||||||
24 | depository for mail matter within this State any matter | ||||||
25 | or thing to be delivered by the United States Postal |
| |||||||
| |||||||
1 | Service, according to the direction on the matter or | ||||||
2 | thing. | ||||||
3 | (B) Deposits or causes to be deposited in this | ||||||
4 | State any matter or thing to be sent or delivered by | ||||||
5 | mail or by private or commercial carrier, according to | ||||||
6 | the direction on the matter or thing. | ||||||
7 | (C) Takes or receives from mail or from a private | ||||||
8 | or commercial carrier any such matter or thing at the | ||||||
9 | place at which it is directed to be delivered by the | ||||||
10 | person to whom it is addressed. | ||||||
11 | (D) Knowingly causes any such matter or thing to be | ||||||
12 | delivered by mail or by private or commercial carrier, | ||||||
13 | according to the direction on the matter or thing. | ||||||
14 | (b) Wire fraud. (a) Fraud by wire, radio, or television.
| ||||||
15 | (1) A person commits wire fraud when he or she:
| ||||||
16 | (1) (A) devises or intends to devise a scheme or | ||||||
17 | artifice to defraud or to
obtain money or property by means | ||||||
18 | of false pretenses, representations, or
promises; and
| ||||||
19 | (2) for the purpose of executing the scheme or | ||||||
20 | artifice, (B) (i) transmits or causes to be transmitted any | ||||||
21 | writings, signals, pictures, sounds, or electronic or | ||||||
22 | electric impulses
by means of wire, radio, or television | ||||||
23 | communications: | ||||||
24 | (A) from within this State;
or
| ||||||
25 | (B) (ii) transmits or causes to
be transmitted so | ||||||
26 | that the transmission it is received by a person within |
| |||||||
| |||||||
1 | this State; or
| ||||||
2 | (C) (iii) transmits or causes to be transmitted so | ||||||
3 | that the transmission may it is reasonably
foreseeable | ||||||
4 | that it will be accessed by a person within this State . | ||||||
5 | :
| ||||||
6 | any writings, signals, pictures, sounds, or electronic or | ||||||
7 | electric impulses
by means of wire, radio, or television | ||||||
8 | communications for the purpose of
executing the scheme or | ||||||
9 | artifice.
| ||||||
10 | (c) Jurisdiction. | ||||||
11 | (1) Mail fraud using a government or private carrier | ||||||
12 | occurs in the county in which mail or other matter is | ||||||
13 | deposited with the United States Postal Service or a | ||||||
14 | private commercial carrier for delivery, if deposited with | ||||||
15 | the United States Postal Service or a private or commercial | ||||||
16 | carrier within this State, and the county in which a person | ||||||
17 | within this State receives the mail or other matter from | ||||||
18 | the United States Postal Service or a private or commercial | ||||||
19 | carrier.
| ||||||
20 | (2) Wire fraud occurs A scheme or artifice to defraud | ||||||
21 | using
electronic transmissions is deemed to occur in the | ||||||
22 | county from which a
transmission is sent, if the | ||||||
23 | transmission is sent from within this State, the
county in | ||||||
24 | which a person within this State receives the transmission, | ||||||
25 | and the
county in which a person who is within this State | ||||||
26 | is located when the person
accesses a transmission.
|
| |||||||
| |||||||
1 | (d) Sentence. A violation of this Section is a Class 3 | ||||||
2 | felony.
| ||||||
3 | (3) Wire fraud is a Class 3 felony.
| ||||||
4 | (b) Mail fraud.
| ||||||
5 | (1) A person commits mail fraud when he or she:
| ||||||
6 | (A) devises or intends to devise any scheme or | ||||||
7 | artifice to defraud or to
obtain money or property by | ||||||
8 | means of false or fraudulent pretenses,
| ||||||
9 | representations or promises, or to sell, dispose of, | ||||||
10 | loan, exchange, alter,
give away, distribute, supply, | ||||||
11 | or furnish or procure for unlawful use any
counterfeit | ||||||
12 | obligation, security, or other article, or anything | ||||||
13 | represented to
be or intimidated or held out to be such | ||||||
14 | counterfeit or spurious article; and
| ||||||
15 | (B) for the purpose of executing such scheme or | ||||||
16 | artifice or attempting
so to do, places in any post | ||||||
17 | office or authorized depository for mail matter
within | ||||||
18 | this State, any matter or thing whatever to be | ||||||
19 | delivered by the Postal
Service, or deposits or causes | ||||||
20 | to be deposited in this State by mail or by
private or | ||||||
21 | commercial carrier according to the direction on the | ||||||
22 | matter or
thing, or at the place at which it is | ||||||
23 | directed to be delivered by the person to
whom it is | ||||||
24 | addressed, any such matter or thing.
| ||||||
25 | (2) A scheme or artifice to defraud using a government | ||||||
26 | or private carrier
is deemed to occur in the county in |
| |||||||
| |||||||
1 | which mail or other matter is deposited
with the Postal | ||||||
2 | Service or a private commercial carrier for delivery, if
| ||||||
3 | deposited with the Postal Service or a private or | ||||||
4 | commercial carrier within
this State and the county in | ||||||
5 | which a person within this State receives the mail
or other | ||||||
6 | matter from the Postal Service or a private or commercial | ||||||
7 | carrier.
| ||||||
8 | (3) Mail fraud is a Class 3 felony.
| ||||||
9 | (c) (Blank).
| ||||||
10 | (d) The period of limitations for prosecution of any | ||||||
11 | offense defined in this
Section begins at the time when the | ||||||
12 | last act in furtherance of the scheme or
artifice is committed.
| ||||||
13 | (e) In this Section:
| ||||||
14 | (1) "Scheme or artifice to defraud" includes a scheme | ||||||
15 | or artifice to
deprive another of the intangible right to | ||||||
16 | honest services.
| ||||||
17 | (2) (Blank).
| ||||||
18 | (Source: P.A. 92-16, eff. 6-28-01; 93-440, eff. 8-5-03; revised | ||||||
19 | 11-4-09.)
| ||||||
20 | (720 ILCS 5/17-26)
| ||||||
21 | Sec. 17-26. Misconduct by a corporate official.
| ||||||
22 | (a) A person commits misconduct by a corporate official is | ||||||
23 | guilty of a crime when:
| ||||||
24 | (1) being a director of a corporation, he or she | ||||||
25 | knowingly , with the intent a
purpose to defraud, concurs in |
| |||||||
| |||||||
1 | any vote or act of the directors of the
corporation, or any | ||||||
2 | of them, which has the purpose of:
| ||||||
3 | (A) making a dividend except in the manner provided | ||||||
4 | by
law;
| ||||||
5 | (B) dividing, withdrawing or in any manner paying | ||||||
6 | any
stockholder any part of the capital stock of the | ||||||
7 | corporation
except in the manner provided by law;
| ||||||
8 | (C) discounting or receiving any note or other | ||||||
9 | evidence
of debt in payment of an installment of | ||||||
10 | capital stock actually
called in and required to be | ||||||
11 | paid, or with purpose of providing
the means of making | ||||||
12 | such payment;
| ||||||
13 | (D) receiving or discounting any note or other | ||||||
14 | evidence
of debt with the purpose of enabling any | ||||||
15 | stockholder to withdraw
any part of the money paid in | ||||||
16 | by him or her on his or her stock; or
| ||||||
17 | (E) applying any portion of the funds of such
| ||||||
18 | corporation, directly or indirectly, to the purchase | ||||||
19 | of shares of
its own stock, except in the manner | ||||||
20 | provided by law; or
| ||||||
21 | (2) being a director or officer of a corporation, he or | ||||||
22 | she , with the intent purpose
to defraud:
| ||||||
23 | (A) issues, participates in issuing, or concurs in | ||||||
24 | a vote to
issue any increase of its capital stock | ||||||
25 | beyond the amount of the
capital stock thereof, duly | ||||||
26 | authorized by or in pursuance of law;
|
| |||||||
| |||||||
1 | (B) sells, or agrees to sell, or is directly | ||||||
2 | interested in the
sale of any share of stock of such | ||||||
3 | corporation, or in any
agreement to sell such stock, | ||||||
4 | unless at the time of the sale or
agreement he or she | ||||||
5 | is an actual owner of such share, provided that the
| ||||||
6 | foregoing shall not apply to a sale by or on behalf of | ||||||
7 | an
underwriter or dealer in connection with a bona fide | ||||||
8 | public
offering of shares of stock of such corporation;
| ||||||
9 | (C) executes a scheme or attempts to execute a | ||||||
10 | scheme to
obtain any share of stock of such corporation | ||||||
11 | by means of false
representation; or
| ||||||
12 | (3) being a director or officer of a corporation, he or | ||||||
13 | she with the intent purpose
to defraud or evade a financial | ||||||
14 | disclosure reporting requirement of this
State or of | ||||||
15 | Section 13(A) or 15(D) of the Securities Exchange Act of
| ||||||
16 | 1934, as amended, 15 U. S. C. 78M(A) or 78O(D) , he :
| ||||||
17 | (A) causes or attempts to cause a corporation or
| ||||||
18 | accounting firm representing the corporation or any | ||||||
19 | other
individual or entity to fail to file a financial | ||||||
20 | disclosure report as
required by State or federal law; | ||||||
21 | or
| ||||||
22 | (B) causes or attempts to cause a corporation or
| ||||||
23 | accounting firm representing the corporation or any | ||||||
24 | other
individual or entity to file a financial | ||||||
25 | disclosure report, as
required by State or federal law, | ||||||
26 | that contains a material
omission or misstatement of |
| |||||||
| |||||||
1 | fact.
| ||||||
2 | (b) Sentence. If the benefit derived from a violation of | ||||||
3 | this Section is $500,000
or more, the violation offender is | ||||||
4 | guilty of a Class 2 felony. If the benefit derived
from
a | ||||||
5 | violation of this Section is less than $500,000, the violation | ||||||
6 | offender is guilty of a
Class 3 felony.
| ||||||
7 | (Source: P.A. 93-496, eff. 1-1-04; revised 11-4-09.)
| ||||||
8 | (720 ILCS 5/17-27)
| ||||||
9 | Sec. 17-27. Fraud on creditors in insolvency .
| ||||||
10 | (a) Fraud in insolvency. A person commits fraud in | ||||||
11 | insolvency when a crime if , knowing that proceedings have or
| ||||||
12 | are about to be instituted for the appointment of a receiver or | ||||||
13 | other person
entitled to administer property for the benefit of | ||||||
14 | creditors, or that any other
composition or liquidation for the | ||||||
15 | benefit of creditors has been or is about to
be made, he or | ||||||
16 | she :
| ||||||
17 | (1) destroys, removes, conceals, encumbers, transfers, | ||||||
18 | or
otherwise deals with any property or obtains any | ||||||
19 | substantial part of or
interest in the debtor's estate with | ||||||
20 | the intent purpose to defeat or obstruct the
claim of any | ||||||
21 | creditor, or otherwise to obstruct the operation of any
law | ||||||
22 | relating to administration of property for the benefit of | ||||||
23 | creditors;
| ||||||
24 | (2) knowingly falsifies any writing or record relating | ||||||
25 | to the
property; or
|
| |||||||
| |||||||
1 | (3) knowingly misrepresents or refuses to disclose to a | ||||||
2 | receiver
or other person entitled to administer property | ||||||
3 | for the benefit of
creditors, the existence, amount, or | ||||||
4 | location of the property, or any
other information which | ||||||
5 | the actor could be legally required to furnish
in relation | ||||||
6 | to such administration.
| ||||||
7 | Sentence. (b) If the benefit derived from a violation of | ||||||
8 | this subsection (a) Section is $500,000
or more, the violation | ||||||
9 | offender is guilty of a Class 2 felony. If the benefit derived
| ||||||
10 | from
a violation of this subsection (a) Section is less than | ||||||
11 | $500,000, the violation offender is guilty of a
Class 3 felony.
| ||||||
12 | (b) Fraud in property transfer. A person commits fraud in | ||||||
13 | property transfer when he or she transfers or conveys any | ||||||
14 | interest in property with the intent to defraud, defeat, | ||||||
15 | hinder, or delay his or her creditors. A violation of this | ||||||
16 | subsection (b) is a business offense subject to a fine not to | ||||||
17 | exceed $1,000. | ||||||
18 | (Source: P.A. 93-496, eff. 1-1-04.)
| ||||||
19 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
20 | Sec. 17-30 16C-2 . Defaced, altered, or removed | ||||||
21 | manufacturer or owner identification number. | ||||||
22 | (a) Unlawful sale of household appliances. A person commits | ||||||
23 | the offense of unlawful
sale of household
appliances when he or | ||||||
24 | she knowingly, with the intent to defraud or deceive
another, | ||||||
25 | keeps for sale, within any commercial
context, any household |
| |||||||
| |||||||
1 | appliance with a missing, defaced, obliterated , or
otherwise | ||||||
2 | altered manufacturer's identification number.
| ||||||
3 | (b) Construction equipment identification defacement. A | ||||||
4 | person commits construction equipment identification | ||||||
5 | defacement when he or she knowingly changes,
alters, removes, | ||||||
6 | mutilates, or
obliterates a permanently affixed serial number, | ||||||
7 | product identification number,
part number, component | ||||||
8 | identification number, owner-applied identification,
or other | ||||||
9 | mark of identification attached to or stamped, inscribed, | ||||||
10 | molded,
or etched into a machine or other equipment, whether | ||||||
11 | stationary or mobile
or self-propelled, or a part of such | ||||||
12 | machine or equipment, used in the construction,
maintenance, or | ||||||
13 | demolition of buildings, structures, bridges, tunnels, sewers,
| ||||||
14 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
15 | dams, airports,
or waterways or in material handling for such | ||||||
16 | projects. | ||||||
17 | The trier of fact may infer that the defendant has | ||||||
18 | knowingly changed, altered, removed, or obliterated the serial | ||||||
19 | number, product identification number, part number, component | ||||||
20 | identification number, owner-applied identification number, or | ||||||
21 | other mark of identification, if the defendant was in | ||||||
22 | possession of any machine or other equipment or a part of such | ||||||
23 | machine
or equipment used in the construction, maintenance, or | ||||||
24 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
25 | utility pipes or lines, ditches or
open cuts, roads, highways, | ||||||
26 | dams, airports, or waterways or in material handling
for such |
| |||||||
| |||||||
1 | projects upon which any such serial number, product | ||||||
2 | identification
number, part number, component identification | ||||||
3 | number, owner-applied identification
number, or other mark of | ||||||
4 | identification has been changed, altered,
removed, or | ||||||
5 | obliterated. | ||||||
6 | (c) Defacement of manufacturer's serial number or | ||||||
7 | identification mark. A person commits defacement of a | ||||||
8 | manufacturer's serial number or identification mark when he or | ||||||
9 | she removes, alters, defaces, covers, or destroys the
| ||||||
10 | manufacturer's serial number or any other manufacturer's | ||||||
11 | number or
distinguishing identification mark upon any machine | ||||||
12 | or other article of
merchandise, other than a motor vehicle as | ||||||
13 | defined in Section 1-146 of the
Illinois Vehicle Code or a | ||||||
14 | firearm as defined in the Firearm Owners Identification Card | ||||||
15 | Act, with the intent of concealing or destroying the
identity | ||||||
16 | of such machine or other article of merchandise. | ||||||
17 | (d) Sentence. | ||||||
18 | (1) A violation of subsection (a) (b) Violation of this | ||||||
19 | Section is a Class 4 felony , if the value
of the appliance | ||||||
20 | or appliances exceeds $1,000 and a Class B misdemeanor if
| ||||||
21 | the value of the appliance or appliances is $1,000 or less.
| ||||||
22 | (2) A violation of subsection (b) of this Section is a | ||||||
23 | Class A misdemeanor. | ||||||
24 | (3) A violation of subsection (c) of this Section is a | ||||||
25 | Class B misdemeanor. | ||||||
26 | (c) No liability shall be imposed upon any person for the |
| |||||||
| |||||||
1 | unintentional
failure to comply with this Section.
| ||||||
2 | (e) Definitions. In this Section: | ||||||
3 | "Commercial context" means a continuing business | ||||||
4 | enterprise conducted
for profit by any person whose primary | ||||||
5 | business is the wholesale or retail
marketing of household | ||||||
6 | appliances, or a significant portion of whose business
or | ||||||
7 | inventory consists of household appliances
kept or sold on a | ||||||
8 | wholesale or retail basis. | ||||||
9 | "Household appliance" means any gas or electric device or | ||||||
10 | machine
marketed for use as home entertainment or for | ||||||
11 | facilitating or expediting
household tasks or chores. The term | ||||||
12 | shall include but not necessarily be
limited to refrigerators, | ||||||
13 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
14 | toasters, dishwashers, and other similar household items. | ||||||
15 | "Manufacturer's identification number" means any serial | ||||||
16 | number or
other similar numerical or alphabetical designation | ||||||
17 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
18 | imprinted upon or attached to a household
appliance or item by | ||||||
19 | the manufacturer for purposes of identifying a particular
| ||||||
20 | appliance or item individually or by lot number. | ||||||
21 | (Source: P.A. 87-435.)
| ||||||
22 | (720 ILCS 5/Art. 17, Subdiv. 25 heading new) | ||||||
23 | SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD | ||||||
24 | (720 ILCS 5/17-31 new) |
| |||||||
| |||||||
1 | Sec. 17-31. False statement to procure credit or debit | ||||||
2 | card. A person commits false statement to procure credit or | ||||||
3 | debit card when he or she makes or causes to be made, either | ||||||
4 | directly or
indirectly, any false statement in writing, knowing | ||||||
5 | it to be false and with
the intent that it be relied on, | ||||||
6 | respecting his or her identity, his or her address, or his or | ||||||
7 | her
employment, or that of any other person, firm, or | ||||||
8 | corporation, with the intent to procure the issuance of a | ||||||
9 | credit card or debit card. A violation of this Section is a | ||||||
10 | Class 4 felony. | ||||||
11 | (720 ILCS 5/17-32 new) | ||||||
12 | Sec. 17-32. Possession of another's credit, debit, or | ||||||
13 | identification card. | ||||||
14 | (a) Possession of another's identification card. A person | ||||||
15 | commits possession of another's identification card when he or | ||||||
16 | she, with the intent to defraud, possesses any
check guarantee | ||||||
17 | card or key card or identification card for cash dispensing
| ||||||
18 | machines without the authority of the account holder or | ||||||
19 | financial
institution. | ||||||
20 | (b) Possession of another's credit or debit card. A person | ||||||
21 | commits possession of another's credit or debit card when he or | ||||||
22 | she receives a credit card or debit card from the
person, | ||||||
23 | possession, custody, or control of another without the | ||||||
24 | cardholder's
consent or if he or she, with knowledge that it | ||||||
25 | has been so acquired, receives the
credit card or debit card |
| |||||||
| |||||||
1 | with the intent to use it or to sell it, or to
transfer it to a | ||||||
2 | person other than the issuer or the cardholder. The trier of | ||||||
3 | fact may infer that a person who has in his or her possession
| ||||||
4 | or under his or her
control 2 or more such credit cards or | ||||||
5 | debit cards each issued to a cardholder other than himself or | ||||||
6 | herself has violated this Section. | ||||||
7 | (c) Sentence. | ||||||
8 | (1) A violation of subsection (a) of this Section is a | ||||||
9 | Class A misdemeanor. A person who, within any 12-month | ||||||
10 | period, violates subsection (a) of this Section at the
same | ||||||
11 | time or consecutively with respect to 3 or more cards, each | ||||||
12 | the property
of different account holders, is guilty of a | ||||||
13 | Class 4 felony. A person convicted under subsection (a) of | ||||||
14 | this Section, when the value of property so
obtained, in a | ||||||
15 | single transaction or in separate transactions within any
| ||||||
16 | 90-day period, exceeds $150 is guilty of a Class 4 felony. | ||||||
17 | (2) A violation of subsection (b) of this Section is a | ||||||
18 | Class 4 felony. A person who, in any 12-month period, | ||||||
19 | violates subsection (b) of this Section with respect
to 3 | ||||||
20 | or more credit cards or debit cards each issued to a
| ||||||
21 | cardholder other than himself or herself is guilty of a | ||||||
22 | Class 3 felony. | ||||||
23 | (720 ILCS 5/17-33 new) | ||||||
24 | Sec. 17-33. Possession of lost or mislaid credit or debit | ||||||
25 | card. A person who receives a credit card or debit card that he |
| |||||||
| |||||||
1 | or she
knows to have been lost or mislaid and who retains | ||||||
2 | possession with intent
to use it or to sell it or to transfer | ||||||
3 | it to a person other than the issuer
or the cardholder is | ||||||
4 | guilty of a Class 4 felony. | ||||||
5 | A person who, in a single transaction, violates this | ||||||
6 | Section with
respect to 3 or more credit cards or debit cards | ||||||
7 | each issued to
different cardholders other than himself or | ||||||
8 | herself is guilty of a Class
3 felony. | ||||||
9 | (720 ILCS 5/17-34 new) | ||||||
10 | Sec. 17-34. Sale of credit or debit card. A person other | ||||||
11 | than the issuer who sells a credit card or
debit card, without | ||||||
12 | the consent of the issuer, is guilty of a Class
4 felony. | ||||||
13 | A person who knowingly purchases a credit card or debit | ||||||
14 | card from a person
other than the issuer, without the consent | ||||||
15 | of the issuer, is guilty of a
Class 4 felony. | ||||||
16 | A person who, in a single transaction, makes a sale or | ||||||
17 | purchase
prohibited by this Section with respect to 3 or more | ||||||
18 | credit cards or
debit cards each issued to a cardholder other | ||||||
19 | than himself or herself is guilty of a Class 3 felony. | ||||||
20 | (720 ILCS 5/17-35 new) | ||||||
21 | Sec. 17-35. Use of credit or debit card as security for | ||||||
22 | debt. A person who, with intent to defraud either the issuer, | ||||||
23 | or a
person providing an item or items of
value, or any other | ||||||
24 | person, obtains control over a credit card or debit
card as |
| |||||||
| |||||||
1 | security for debt or transfers, conveys, or gives control over | ||||||
2 | a
credit card or debit card as security for debt is guilty of a | ||||||
3 | Class 4
felony. | ||||||
4 | (720 ILCS 5/17-36 new) | ||||||
5 | Sec. 17-36. Use of counterfeited, forged, expired, | ||||||
6 | revoked, or unissued credit or debit card. A person who, with | ||||||
7 | intent to defraud either the issuer, or a person
providing an | ||||||
8 | item or items of value, or
any other person, (i) uses, with the | ||||||
9 | intent to obtain an item or items of value, a credit card or | ||||||
10 | debit
card obtained or retained in violation of this | ||||||
11 | Subdivision 25 or without the
cardholder's consent, or a credit | ||||||
12 | card or debit card which he or she knows is
counterfeited, or | ||||||
13 | forged, or expired, or revoked or (ii) obtains or
attempts to | ||||||
14 | obtain an item or items
of value by representing without the | ||||||
15 | consent of the cardholder that he or she is
the holder of a | ||||||
16 | specified card or by representing that he or she is the holder | ||||||
17 | of a
card and such card has not in fact been issued is guilty of | ||||||
18 | a Class
4 felony if the value of all items of value obtained or | ||||||
19 | sought in violation of this
Section does not exceed $300 in any | ||||||
20 | 6-month period; and is guilty of a
Class 3 felony if the value | ||||||
21 | exceeds $300 in any 6-month period.
The trier of fact may infer | ||||||
22 | that knowledge of revocation
has been received by a cardholder | ||||||
23 | 4 days after it has
been mailed to him or her at the address set | ||||||
24 | forth on the credit card or debit
card or at his or her last | ||||||
25 | known address by registered or certified mail, return
receipt |
| |||||||
| |||||||
1 | requested, and, if the address is more than 500 miles from the
| ||||||
2 | place of mailing, by air mail. The trier of fact may infer that | ||||||
3 | notice was received 10 days after mailing by registered or | ||||||
4 | certified mail if the address is located outside the United
| ||||||
5 | States, Puerto Rico, the Virgin Islands, the Canal Zone, and | ||||||
6 | Canada. | ||||||
7 | (720 ILCS 5/17-37 new) | ||||||
8 | Sec. 17-37. Use of credit or debit card with intent to | ||||||
9 | defraud. A cardholder who uses a credit card or debit card | ||||||
10 | issued to
him or her, or allows another person to use a credit | ||||||
11 | card or debit card issued
to him or her, with intent to defraud | ||||||
12 | the
issuer, or a person providing an item or items of value, or | ||||||
13 | any other person is guilty of a Class A
misdemeanor if the | ||||||
14 | value of all items of value does not exceed $150 in any 6-month | ||||||
15 | period;
and is guilty of a Class 4 felony if the value exceeds | ||||||
16 | $150 in
any 6-month period. | ||||||
17 | (720 ILCS 5/17-38 new) | ||||||
18 | Sec. 17-38. Use of account number or code with intent to | ||||||
19 | defraud; possession of record of charge forms. | ||||||
20 | (a) A person who, with intent to defraud either an issuer, | ||||||
21 | or a person
providing an item or items of value, or
any other | ||||||
22 | person, utilizes an account number or code or enters
| ||||||
23 | information on a record of charge form with the intent to | ||||||
24 | obtain an item or items of
value is guilty of a Class 4 felony |
| |||||||
| |||||||
1 | if the value of
the item or items of value obtained does not | ||||||
2 | exceed $150
in any 6-month period; and is guilty of a Class 3 | ||||||
3 | felony if the
value exceeds
$150 in any 6-month period. | ||||||
4 | (b) A person who, with intent to defraud either an issuer | ||||||
5 | or a person
providing an item or items of value, or
any other | ||||||
6 | person, possesses, without the consent of the issuer or | ||||||
7 | purported
issuer, record of charge forms bearing the printed | ||||||
8 | impression of a credit
card or debit card is guilty of a Class | ||||||
9 | 4 felony.
The trier of fact may infer intent to defraud from | ||||||
10 | the possession of such record of
charge forms by a person other | ||||||
11 | than the issuer or a person authorized by
the issuer to possess | ||||||
12 | record of charge forms. | ||||||
13 | (720 ILCS 5/17-39 new) | ||||||
14 | Sec. 17-39. Receipt of goods or services. A person who | ||||||
15 | receives an item or items
of value obtained in violation of | ||||||
16 | this Subdivision 25, knowing that it was so obtained
or under | ||||||
17 | such circumstances as would reasonably induce him or her to | ||||||
18 | believe that
it was so obtained, is guilty of a Class A | ||||||
19 | misdemeanor if the value of all
items of value obtained does
| ||||||
20 | not exceed $150 in any 6-month period; and is guilty of a Class | ||||||
21 | 4 felony if
the value exceeds $150 in any 6-month period. | ||||||
22 | (720 ILCS 5/17-40 new) | ||||||
23 | Sec. 17-40. Signing another's card with intent to defraud. | ||||||
24 | A person other than the cardholder or a person authorized by |
| |||||||
| |||||||
1 | him
or her who, with intent to defraud either the issuer, or a | ||||||
2 | person providing an item or items of value, or any other | ||||||
3 | person,
signs a credit card or debit card is guilty of a Class | ||||||
4 | A misdemeanor. | ||||||
5 | (720 ILCS 5/17-41 new) | ||||||
6 | Sec. 17-41. Altered or counterfeited card. | ||||||
7 | (a) A person commits an offense under this Section when he | ||||||
8 | or she, with intent to defraud either a purported issuer, or a
| ||||||
9 | person providing an item or items of
value, or any other | ||||||
10 | person, commits an offense under this Section if he or she: (i) | ||||||
11 | alters a credit card or debit card or a
purported credit card | ||||||
12 | or debit
card, or possesses a credit card or debit card or a | ||||||
13 | purported credit card or debit
card with knowledge
that the | ||||||
14 | same has been altered; or (ii) counterfeits a purported credit | ||||||
15 | card or debit
card, or possesses a purported credit card or | ||||||
16 | debit card with knowledge
that the card has been counterfeited. | ||||||
17 | (b) Sentence. A violation of item (i) of subsection (a) is | ||||||
18 | a Class 4 felony.
A violation of item (ii) of subsection (a) is | ||||||
19 | a Class 3 felony.
The trier of fact may infer that
possession | ||||||
20 | of 2 or more credit cards or debit cards by a person other than | ||||||
21 | the issuer
in violation of subsection (a) is evidence that the | ||||||
22 | person intended to
defraud or that he or she knew the credit | ||||||
23 | cards or debit cards to have been so altered or counterfeited. | ||||||
24 | (720 ILCS 5/17-42 new) |
| |||||||
| |||||||
1 | Sec. 17-42. Possession of incomplete card. A person other | ||||||
2 | than the cardholder possessing an incomplete
credit card or | ||||||
3 | debit card, with intent to complete it without the
consent of | ||||||
4 | the issuer or a person possessing, with knowledge of its
| ||||||
5 | character, machinery, plates, or any other contrivance | ||||||
6 | designed to reproduce
instruments purporting to be credit cards | ||||||
7 | or debit cards of an issuer
who has not consented to the | ||||||
8 | preparation of such credit cards or debit
cards is guilty of a | ||||||
9 | Class 3 felony.
The trier of fact may infer that a person other | ||||||
10 | than the cardholder or issuer who
possesses 2 or more | ||||||
11 | incomplete credit cards or debit cards possesses those cards | ||||||
12 | without the consent of the issuer. | ||||||
13 | (720 ILCS 5/17-43 new) | ||||||
14 | Sec. 17-43. Prohibited deposits. | ||||||
15 | (a) A person who, with intent to
defraud the issuer of a | ||||||
16 | credit card or debit card or any person providing an item or | ||||||
17 | items of value, or any other person,
deposits into his or her | ||||||
18 | account or any account, via an electronic fund transfer
| ||||||
19 | terminal, a check, draft, money order, or other such document, | ||||||
20 | knowing
such document to be false, fictitious, forged, altered, | ||||||
21 | counterfeit, or not
his or her lawful or legal property, is | ||||||
22 | guilty of
a Class 4 felony. | ||||||
23 | (b) A person who receives value as a result of a false, | ||||||
24 | fictitious,
forged, altered, or counterfeit check, draft, | ||||||
25 | money order, or other
such document having been deposited into |
| |||||||
| |||||||
1 | an account via an electronic fund
transfer terminal, knowing at | ||||||
2 | the time of receipt of the value that the
document so deposited | ||||||
3 | was false, fictitious, forged, altered, counterfeit,
or not his | ||||||
4 | or her lawful or legal property, is
guilty of a Class 4 felony. | ||||||
5 | (720 ILCS 5/17-44 new) | ||||||
6 | Sec. 17-44. Fraudulent use of electronic transmission. | ||||||
7 | (a) A person
who, with intent to defraud the issuer of a | ||||||
8 | credit card or debit card, the cardholder, or any other
person, | ||||||
9 | intercepts, taps, or alters electronic information between an
| ||||||
10 | electronic fund transfer terminal and the issuer, or originates | ||||||
11 | electronic
information to an electronic fund transfer terminal | ||||||
12 | or to the issuer, via
any line, wire, or other means of | ||||||
13 | electronic transmission, at any
junction, terminal, or device, | ||||||
14 | or at any location within the EFT System,
with the intent to | ||||||
15 | obtain value, is
guilty of a Class 4 felony. | ||||||
16 | (b) Any person who, with intent to defraud the issuer of a | ||||||
17 | credit card or debit card, the cardholder, or
any other person, | ||||||
18 | intercepts, taps, or alters electronic information
between an | ||||||
19 | electronic fund transfer terminal and the issuer, or originates
| ||||||
20 | electronic information to an electronic fund transfer terminal | ||||||
21 | or to the
issuer, via any line, wire, or other means of | ||||||
22 | electronic transmission, at
any junction, terminal, or device, | ||||||
23 | or at any location within the EFT System,
and thereby causes | ||||||
24 | funds to be transferred from one account to any other
account, | ||||||
25 | is guilty of a Class 4 felony. |
| |||||||
| |||||||
1 | (720 ILCS 5/17-45 new) | ||||||
2 | Sec. 17-45. Payment of charges without furnishing item of | ||||||
3 | value. | ||||||
4 | (a) No person shall process, deposit, negotiate, or obtain | ||||||
5 | payment of a
credit card charge through a retail seller's | ||||||
6 | account with a financial
institution or through a retail | ||||||
7 | seller's agreement with a financial
institution, card issuer, | ||||||
8 | or organization of financial institutions or card
issuers if | ||||||
9 | that retail seller did not furnish or agree to furnish the
item | ||||||
10 | or items of value that are the subject of the credit
card | ||||||
11 | charge. | ||||||
12 | (b) No retail seller shall permit any person to process, | ||||||
13 | deposit,
negotiate, or obtain payment of a credit card charge | ||||||
14 | through the retail
seller's account with a financial | ||||||
15 | institution or the retail seller's
agreement with a financial | ||||||
16 | institution, card issuer, or
organization of financial | ||||||
17 | institutions or card issuers if that retail
seller did not | ||||||
18 | furnish or agree to furnish the item or items of value that are | ||||||
19 | the subject of the credit card charge. | ||||||
20 | (c) Subsections (a) and (b) do not apply to any of the | ||||||
21 | following: | ||||||
22 | (1) A person who furnishes goods or services on the | ||||||
23 | business premises
of a general merchandise retail seller | ||||||
24 | and who processes, deposits,
negotiates, or obtains | ||||||
25 | payment of a credit card charge through that general
|
| |||||||
| |||||||
1 | merchandise retail seller's account or agreement. | ||||||
2 | (2) A general merchandise retail seller who permits a | ||||||
3 | person described
in paragraph (1) to process, deposit, | ||||||
4 | negotiate, or obtain payment of a
credit card charge | ||||||
5 | through that general merchandise retail seller's account
| ||||||
6 | or agreement. | ||||||
7 | (3) A franchisee who furnishes the cardholder with an | ||||||
8 | item or items of value that are provided in whole or in | ||||||
9 | part by the
franchisor and who processes, deposits, | ||||||
10 | negotiates, or obtains payment of a
credit card charge | ||||||
11 | through that franchisor's account or agreement. | ||||||
12 | (4) A franchisor who permits a franchisee described in | ||||||
13 | paragraph (3)
to process, deposit, negotiate, or obtain | ||||||
14 | payment of a credit card charge
through that franchisor's | ||||||
15 | account or agreement. | ||||||
16 | (5) The credit card issuer or a financial institution | ||||||
17 | or a parent,
subsidiary, or affiliate of the card issuer or | ||||||
18 | a financial institution. | ||||||
19 | (6) A person who processes, deposits, negotiates, or | ||||||
20 | obtains payment
of less than $500 of credit card charges in | ||||||
21 | any one-year period through a
retail seller's account or | ||||||
22 | agreement. The person has the burden of
producing evidence | ||||||
23 | that the person transacted less than $500 in credit card
| ||||||
24 | charges during any one-year period. | ||||||
25 | (7) A telecommunications carrier that includes charges
| ||||||
26 | of other parties in its billings to its subscribers and |
| |||||||
| |||||||
1 | those other parties
whose charges are included in the | ||||||
2 | billings of the telecommunications carrier
to its | ||||||
3 | subscribers. | ||||||
4 | (d) A person injured by a violation of this Section may | ||||||
5 | bring an
action for the recovery of damages, equitable relief, | ||||||
6 | and reasonable
attorney's fees and costs. | ||||||
7 | (e) A person who violates this Section is guilty of a | ||||||
8 | business offense
and shall be fined $10,000 for each offense.
| ||||||
9 | Each occurrence in which a person processes, deposits, | ||||||
10 | negotiates, or
otherwise seeks to obtain payment of a credit | ||||||
11 | card charge in violation of
subsection (a) constitutes a | ||||||
12 | separate offense. | ||||||
13 | (f) The penalties and remedies provided in this Section are | ||||||
14 | in addition
to any other remedies or penalties provided by law. | ||||||
15 | (g) As used in this Section: | ||||||
16 | "Franchisor" and "franchisee" have the same meanings as in | ||||||
17 | Section
3 of the Franchise Disclosure Act of 1987. | ||||||
18 | "Retail seller" has the same meaning as in Section 2.4 of | ||||||
19 | the
Retail Installment Sales Act. | ||||||
20 | "Telecommunications carrier" has the same meaning as in | ||||||
21 | Section
13-202 of the Public Utilities Act. | ||||||
22 | (720 ILCS 5/17-46 new)
| ||||||
23 | Sec. 17-46. Furnishing items of value with intent to | ||||||
24 | defraud. A person who is authorized by an issuer to furnish | ||||||
25 | money, goods,
property, services or anything else of value upon |
| |||||||
| |||||||
1 | presentation of a credit
card or debit card by the cardholder, | ||||||
2 | or any agent or employee of such
person, who, with intent to | ||||||
3 | defraud the issuer or the cardholder, furnishes
money, goods, | ||||||
4 | property, services or anything else of value upon
presentation | ||||||
5 | of a credit card or debit card obtained or retained in
| ||||||
6 | violation of this Code or a credit card or debit card which
he | ||||||
7 | knows is counterfeited, or forged, or expired, or revoked is | ||||||
8 | guilty of a
Class A misdemeanor, if the value furnished in | ||||||
9 | violation
of this Section does not exceed $150 in any 6-month | ||||||
10 | period;
and is guilty of a Class 4 felony if such value exceeds | ||||||
11 | $150
in any 6-month period. | ||||||
12 | (720 ILCS 5/17-47 new)
| ||||||
13 | Sec. 17-47. Failure to furnish items of value. A person who | ||||||
14 | is authorized by an issuer to furnish money, goods,
property, | ||||||
15 | services or anything else of value upon presentation of a | ||||||
16 | credit
card or debit card by the cardholder, or any agent or | ||||||
17 | employee of such
person, who, with intent to defraud the issuer | ||||||
18 | or the cardholder, fails to
furnish money, goods, property, | ||||||
19 | services or anything else of value which he
represents in | ||||||
20 | writing to the issuer that he has furnished is guilty of a
| ||||||
21 | Class A misdemeanor if the difference between the value of
all | ||||||
22 | money, goods, property, services and anything else of value | ||||||
23 | actually
furnished and the value represented to the issuer to | ||||||
24 | have been furnished
does not exceed $150 in any 6-month period; | ||||||
25 | and is guilty of a
Class 4 felony if such difference exceeds |
| |||||||
| |||||||
1 | $150 in any 6-month
period. | ||||||
2 | (720 ILCS 5/17-48 new) | ||||||
3 | Sec. 17-48. Repeat offenses. Any person convicted of a | ||||||
4 | second or subsequent offense under
this Subdivision 25 is | ||||||
5 | guilty of a Class 3 felony. | ||||||
6 | For purposes of this Section, an offense is considered a | ||||||
7 | second or
subsequent offense if, prior to his or her conviction | ||||||
8 | of the offense, the offender
has at any time been convicted | ||||||
9 | under this Subdivision 25, or under any prior Act, or under
any | ||||||
10 | law of the United States or of any state relating to credit | ||||||
11 | card or debit card
offenses. | ||||||
12 | (720 ILCS 5/17-49 new) | ||||||
13 | Sec. 17-49. Severability. If any provision of this | ||||||
14 | Subdivision 25 or its application to any person or
| ||||||
15 | circumstances is held invalid, the invalidity shall not affect | ||||||
16 | other
provisions or applications of this Subdivision 25 which | ||||||
17 | can be given effect without the
invalid provision or | ||||||
18 | application, and to this end the provisions of this
Subdivision | ||||||
19 | 25 are declared to be severable. | ||||||
20 | (720 ILCS 5/17-49.5 new) | ||||||
21 | Sec. 17-49.5. Telephone Charge Fraud Act unaffected. | ||||||
22 | Nothing contained in this Subdivision 25 shall be construed to | ||||||
23 | repeal, amend, or
otherwise affect the Telephone Charge Fraud |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (720 ILCS 5/Art. 17, Subdiv. 30 heading new) | ||||||
3 | SUBDIVISION 30. COMPUTER FRAUD
| ||||||
4 | (720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
| ||||||
5 | Sec. 17-50 16D-5 . Computer fraud Fraud . | ||||||
6 | (a) A person commits the offense of computer
fraud when he | ||||||
7 | or she knowingly:
| ||||||
8 | (1) Accesses or causes to be accessed a computer or any | ||||||
9 | part thereof, or
a program or data, with the intent for the | ||||||
10 | purpose of devising or executing any scheme or ,
artifice to | ||||||
11 | defraud, or as part of a deception;
| ||||||
12 | (2) Obtains use of, damages, or destroys a computer or | ||||||
13 | any part thereof,
or alters, deletes, or removes any | ||||||
14 | program or data contained therein, in
connection with any | ||||||
15 | scheme or , artifice to defraud, or as part of a deception; | ||||||
16 | or
| ||||||
17 | (3) Accesses or causes to be accessed a computer or any | ||||||
18 | part thereof, or
a program or data, and obtains money or | ||||||
19 | control over any such money,
property, or services of | ||||||
20 | another in connection with any scheme or , artifice to
| ||||||
21 | defraud, or as part of a deception.
| ||||||
22 | (b) Sentence. | ||||||
23 | (1) A violation of subdivision person who commits the | ||||||
24 | offense of computer fraud as
set forth in subsection (a)(1) |
| |||||||
| |||||||
1 | of this Section is shall be guilty of a Class 4 felony.
| ||||||
2 | (2) A violation of subdivision person who commits the | ||||||
3 | offense of computer fraud as set forth in
subsection (a)(2) | ||||||
4 | of this Section is shall be guilty of a Class 3 felony.
| ||||||
5 | (3) A violation of subdivision person who commits the | ||||||
6 | offense of computer fraud as set forth in
subsection (a)(3) | ||||||
7 | of this Section shall :
| ||||||
8 | (i) is be guilty of a Class 4 felony if the value | ||||||
9 | of the money, property , or
services is $1,000 or less; | ||||||
10 | or
| ||||||
11 | (ii) is be guilty of a Class 3 felony if the value | ||||||
12 | of the money, property ,
or services is more than $1,000 | ||||||
13 | but less than $50,000; or
| ||||||
14 | (iii) is be guilty of a Class 2 felony if the value | ||||||
15 | of the money, property ,
or services is $50,000 or more.
| ||||||
16 | (c) Sec. 16D-6. Forfeiture of property. Any person who | ||||||
17 | commits the offense of computer
fraud as set forth in | ||||||
18 | subsection (a) Section 16D-5 is subject to the property | ||||||
19 | forfeiture provisions set forth in Article 124B of the Code of | ||||||
20 | Criminal Procedure of 1963. | ||||||
21 | (Source: P.A. 85-926; 96-712, eff. 1-1-10.)
| ||||||
22 | (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
| ||||||
23 | Sec. 17-51 16D-3 . Computer tampering Tampering .
| ||||||
24 | (a) A person commits the offense of
computer tampering when | ||||||
25 | he or she knowingly and without the authorization of a
|
| |||||||
| |||||||
1 | computer's owner , as defined in Section 15-2 of this Code, or | ||||||
2 | in excess of
the authority granted to him or her :
| ||||||
3 | (1) Accesses or causes to be accessed a computer or any | ||||||
4 | part thereof, a computer network, or
a program or data;
| ||||||
5 | (2) Accesses or causes to be accessed a computer or any | ||||||
6 | part thereof, a computer network, or
a program or data, and | ||||||
7 | obtains data or services;
| ||||||
8 | (3) Accesses or causes to be accessed a computer or any
| ||||||
9 | part thereof, a computer network, or a program or data, and | ||||||
10 | damages or destroys the computer or
alters, deletes , or | ||||||
11 | removes a computer program or data;
| ||||||
12 | (4) Inserts or attempts to insert a " program " into a | ||||||
13 | computer or
computer program knowing or having reason to | ||||||
14 | know believe that such " program " contains
information or | ||||||
15 | commands that will or may : | ||||||
16 | (A) damage or destroy that computer,
or any other | ||||||
17 | computer subsequently accessing or being accessed by | ||||||
18 | that
computer ; , or that will or may | ||||||
19 | (B) alter, delete , or remove a computer program or
| ||||||
20 | data from that computer, or any other computer program | ||||||
21 | or data in a
computer subsequently accessing or being | ||||||
22 | accessed by that computer ; or , or that
will or may | ||||||
23 | (C) cause loss to the users of that computer or the | ||||||
24 | users of a
computer which accesses or which is accessed | ||||||
25 | by such " program " ; or
| ||||||
26 | (5) Falsifies or forges electronic mail transmission |
| |||||||
| |||||||
1 | information or
other
routing information in any manner in | ||||||
2 | connection with the transmission of
unsolicited bulk | ||||||
3 | electronic mail through or into the computer network of an
| ||||||
4 | electronic mail service provider or its subscribers . ;
| ||||||
5 | (a-5) Distributing software to falsify routing | ||||||
6 | information. It is shall be unlawful for any person knowingly | ||||||
7 | to sell, give, or
otherwise
distribute or possess with the | ||||||
8 | intent to sell, give, or distribute software
which :
| ||||||
9 | (1) is primarily designed or produced for the purpose | ||||||
10 | of facilitating or
enabling the falsification of | ||||||
11 | electronic mail transmission information or
other routing | ||||||
12 | information; | ||||||
13 | (2) has only a limited commercially significant
| ||||||
14 | purpose or use other than to facilitate or enable the | ||||||
15 | falsification of
electronic
mail transmission information | ||||||
16 | or other routing information; or | ||||||
17 | (3) is
marketed by that person or another acting in | ||||||
18 | concert with that person with
that person's knowledge for | ||||||
19 | use in facilitating or enabling the falsification
of
| ||||||
20 | electronic mail transmission information or other routing | ||||||
21 | information.
| ||||||
22 | (a-10) For purposes of subsection (a), accessing a computer | ||||||
23 | network is deemed to be with the authorization of a
computer's | ||||||
24 | owner if: | ||||||
25 | (1) the owner authorizes patrons, customers, or guests | ||||||
26 | to access the computer network and the person accessing the |
| |||||||
| |||||||
1 | computer network is an authorized patron, customer, or | ||||||
2 | guest and complies with all terms or conditions for use of | ||||||
3 | the computer network that are imposed by the owner; or | ||||||
4 | (2) the owner authorizes the public to access the | ||||||
5 | computer network and the person accessing the computer | ||||||
6 | network complies with all terms or conditions for use of | ||||||
7 | the computer network that are imposed by the owner.
| ||||||
8 | (b) Sentence.
| ||||||
9 | (1) A person who commits the offense of computer
| ||||||
10 | tampering as set forth in subdivision subsection (a)(1) or , | ||||||
11 | (a)(5) , or subsection (a-5) of this
Section is shall be | ||||||
12 | guilty
of a Class B misdemeanor.
| ||||||
13 | (2) A person who commits the offense of computer | ||||||
14 | tampering as set forth
in subdivision subsection (a)(2) of | ||||||
15 | this Section is shall be guilty of a Class A misdemeanor
| ||||||
16 | and a Class 4 felony for the second or subsequent offense.
| ||||||
17 | (3) A person who commits the offense of computer | ||||||
18 | tampering as set forth
in subdivision subsection (a)(3) or | ||||||
19 | subsection (a)(4) of this Section is
shall
be guilty of a | ||||||
20 | Class 4 felony
and a Class 3 felony for the second or | ||||||
21 | subsequent offense.
| ||||||
22 | (4) If an the injury arises from the transmission of | ||||||
23 | unsolicited bulk
electronic
mail, the injured person, | ||||||
24 | other than an electronic mail service
provider, may also | ||||||
25 | recover attorney's fees and costs, and may elect, in lieu | ||||||
26 | of
actual damages, to recover the lesser of $10 for each |
| |||||||
| |||||||
1 | and every unsolicited
bulk electronic mail message | ||||||
2 | transmitted in violation of this Section, or
$25,000 per | ||||||
3 | day. The injured person shall not have a cause of action
| ||||||
4 | against the electronic mail service provider that merely | ||||||
5 | transmits the
unsolicited bulk electronic mail over its | ||||||
6 | computer network.
| ||||||
7 | (5) If an the injury arises from the transmission of | ||||||
8 | unsolicited bulk
electronic
mail,
an injured electronic | ||||||
9 | mail service provider may also recover
attorney's fees and | ||||||
10 | costs, and may elect, in lieu of actual damages, to recover
| ||||||
11 | the greater of $10 for each and every unsolicited | ||||||
12 | electronic mail
advertisement transmitted in violation of | ||||||
13 | this Section, or $25,000 per day.
| ||||||
14 | (6) The provisions of this Section shall not be | ||||||
15 | construed to limit any
person's
right to pursue any | ||||||
16 | additional civil remedy otherwise allowed by law.
| ||||||
17 | (c) Whoever suffers loss by reason of a violation of | ||||||
18 | paragraph subsection (a)(4)
of this Section may, in a civil | ||||||
19 | action against the violator, obtain
appropriate relief. In
a | ||||||
20 | civil action under this Section, the court may award to the | ||||||
21 | prevailing
party reasonable attorney's fees and other | ||||||
22 | litigation expenses.
| ||||||
23 | (Source: P.A. 95-326, eff. 1-1-08; revised 11-4-09.)
| ||||||
24 | (720 ILCS 5/17-52) (was 720 ILCS 5/16D-4)
| ||||||
25 | Sec. 17-52 16D-4 . Aggravated computer tampering Computer |
| |||||||
| |||||||
1 | Tampering . | ||||||
2 | (a) A person commits
aggravated computer tampering when he | ||||||
3 | or she commits the offense of computer
tampering as set forth | ||||||
4 | in paragraph subsection (a)(3) of Section 17-51 16D-3 and he or | ||||||
5 | she knowingly:
| ||||||
6 | (1) causes disruption of or interference with vital
| ||||||
7 | services or operations of
State or local government or a | ||||||
8 | public utility; or
| ||||||
9 | (2) creates a strong probability of death or great | ||||||
10 | bodily harm to one or
more individuals.
| ||||||
11 | (b) Sentence. | ||||||
12 | (1) A person who commits the offense of aggravated
| ||||||
13 | computer tampering as set forth in paragraph subsection | ||||||
14 | (a)(1) of this Section is shall be
guilty of a Class 3 | ||||||
15 | felony.
| ||||||
16 | (2) A person who commits the offense of aggravated | ||||||
17 | computer tampering as
set forth in paragraph subsection | ||||||
18 | (a)(2) of this Section is shall be guilty of a Class 2 | ||||||
19 | felony.
| ||||||
20 | (Source: P.A. 86-820.)
| ||||||
21 | (720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) | ||||||
22 | Sec. 17-52.5 16D-5.5 . Unlawful use of encryption. | ||||||
23 | (a) For the purpose of this Section: | ||||||
24 | "Access" means to intercept, instruct, communicate | ||||||
25 | with, store data in, retrieve from, or otherwise make use |
| |||||||
| |||||||
1 | of any resources of a computer, network, or data. | ||||||
2 | "Computer" means an electronic device which performs | ||||||
3 | logical, arithmetic, and memory functions by manipulations | ||||||
4 | of electronic or magnetic impulses and includes all | ||||||
5 | equipment related to the computer in a system or network. | ||||||
6 | "Computer contaminant" means any data, information, | ||||||
7 | image, program, signal, or sound that is designated or has | ||||||
8 | the capability to: (1) contaminate, corrupt, consume, | ||||||
9 | damage, destroy, disrupt, modify, record, or transmit; or | ||||||
10 | (2) cause to be contaminated, corrupted, consumed, | ||||||
11 | damaged, destroyed, disrupted, modified, recorded, or | ||||||
12 | transmitted, any other data, information, image, program, | ||||||
13 | signal, or sound contained in a computer, system, or | ||||||
14 | network without the knowledge or consent of the person who | ||||||
15 | owns the other data, information, image, program, signal, | ||||||
16 | or sound or the computer, system, or network. | ||||||
17 | "Computer contaminant" includes, without limitation: | ||||||
18 | (1) a virus, worm, or Trojan horse; (2) spyware that tracks | ||||||
19 | computer activity and is capable of recording and | ||||||
20 | transmitting such information to third parties; or (3) any | ||||||
21 | other similar data, information, image, program, signal, | ||||||
22 | or sound that is designed or has the capability to prevent, | ||||||
23 | impede, delay, or disrupt the normal operation or use of | ||||||
24 | any component, device, equipment, system, or network. | ||||||
25 | "Data" means a representation in any form of | ||||||
26 | information, knowledge, facts, concepts, or instructions |
| |||||||
| |||||||
1 | which is being prepared or has been formally prepared and | ||||||
2 | is intended to be processed, is being processed or has been | ||||||
3 | processed in a system or network. | ||||||
4 | "Encryption" means the use of any protective or | ||||||
5 | disruptive measure, including, without limitation, | ||||||
6 | cryptography, enciphering, encoding, or a computer | ||||||
7 | contaminant, to: (1) prevent, impede, delay, or disrupt | ||||||
8 | access to any data, information, image, program, signal, or | ||||||
9 | sound; (2) cause or make any data, information, image, | ||||||
10 | program, signal, or sound unintelligible or unusable; or | ||||||
11 | (3) prevent, impede, delay, or disrupt the normal operation | ||||||
12 | or use of any component, device, equipment, system, or | ||||||
13 | network. | ||||||
14 | "Network" means a set of related, remotely connected | ||||||
15 | devices and facilities, including more than one system, | ||||||
16 | with the capability to transmit data among any of the | ||||||
17 | devices and facilities. The term includes, without | ||||||
18 | limitation, a local, regional, or global computer network. | ||||||
19 | "Program" means an ordered set of data representing | ||||||
20 | coded instructions or statements which can be executed by a | ||||||
21 | computer and cause the computer to perform one or more | ||||||
22 | tasks. | ||||||
23 | "System" means a set of related equipment, whether or | ||||||
24 | not connected, which is used with or for a computer. | ||||||
25 | (b) A person shall not knowingly use or attempt to use | ||||||
26 | encryption, directly or indirectly, to: |
| |||||||
| |||||||
1 | (1) commit, facilitate, further, or promote any | ||||||
2 | criminal offense; | ||||||
3 | (2) aid, assist, or encourage another person to commit | ||||||
4 | any criminal offense; | ||||||
5 | (3) conceal evidence of the commission of any criminal | ||||||
6 | offense; or | ||||||
7 | (4) conceal or protect the identity of a person who has | ||||||
8 | committed any criminal offense. | ||||||
9 | (c) Telecommunications carriers and information service | ||||||
10 | providers are not liable under this Section, except for willful | ||||||
11 | and wanton misconduct, for providing encryption services used | ||||||
12 | by others in violation of this Section. | ||||||
13 | (d) Sentence. A person who violates this Section is guilty | ||||||
14 | of a Class A misdemeanor, unless the encryption was used or | ||||||
15 | attempted to be used to commit an offense for which a greater | ||||||
16 | penalty is provided by law. If the encryption was used or | ||||||
17 | attempted to be used to commit an offense for which a greater | ||||||
18 | penalty is provided by law, the person shall be punished as | ||||||
19 | prescribed by law for that offense. | ||||||
20 | (e) A person who violates this Section commits a criminal | ||||||
21 | offense that is separate and distinct from any other criminal | ||||||
22 | offense and may be prosecuted and convicted under this Section | ||||||
23 | whether or not the person or any other person is or has been | ||||||
24 | prosecuted or convicted for any other criminal offense arising | ||||||
25 | out of the same facts as the violation of this Section.
| ||||||
26 | (Source: P.A. 95-942, eff. 1-1-09.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
| ||||||
2 | Sec. 17-54 16D-7 . Evidence of lack of Rebuttable | ||||||
3 | Presumption - without authority. For the purposes of Sections | ||||||
4 | 17-50 through 17-52, the trier of fact may infer that a person | ||||||
5 | accessed a computer without the authorization of its owner or | ||||||
6 | in excess of the authority granted if the In the event
that a | ||||||
7 | person accesses or causes to be accessed a computer, which | ||||||
8 | access
requires a confidential or proprietary code which has | ||||||
9 | not been issued to or
authorized for use by that person , a | ||||||
10 | rebuttable presumption exists that the
computer was accessed | ||||||
11 | without the authorization of its owner or in excess
of the | ||||||
12 | authority granted .
| ||||||
13 | (Source: P.A. 85-926.)
| ||||||
14 | (720 ILCS 5/17-55 new) | ||||||
15 | Sec. 17-55. Definitions. For the purposes of Sections 17-50 | ||||||
16 | through 17-53: | ||||||
17 | In addition to its meaning as defined in Section 15-1 of | ||||||
18 | this Code,
"property" means: (1) electronic impulses;
(2) | ||||||
19 | electronically produced data; (3) confidential, copyrighted, | ||||||
20 | or proprietary
information; (4) private identification codes | ||||||
21 | or numbers which permit access to
a computer by authorized | ||||||
22 | computer users or generate billings to consumers
for purchase | ||||||
23 | of goods and services, including but not limited to credit
card | ||||||
24 | transactions and telecommunications services or permit |
| |||||||
| |||||||
1 | electronic fund
transfers; (5) software or programs in either | ||||||
2 | machine or human readable
form; or (6) any other tangible or | ||||||
3 | intangible item relating to a computer
or any part thereof. | ||||||
4 | "Access" means to use, instruct, communicate with, store | ||||||
5 | data
in, retrieve or intercept data from, or otherwise utilize | ||||||
6 | any services
of, a computer, a network, or data. | ||||||
7 | "Services" includes but is not limited to computer time, | ||||||
8 | data
manipulation, or storage functions. | ||||||
9 | "Vital services or operations" means those services or | ||||||
10 | operations
required to provide, operate, maintain, and repair | ||||||
11 | network cabling,
transmission, distribution, or computer | ||||||
12 | facilities necessary to ensure or
protect the public health, | ||||||
13 | safety, or welfare. Those services or operations include, but | ||||||
14 | are not limited to, services provided by medical
personnel or | ||||||
15 | institutions, fire departments, emergency services agencies,
| ||||||
16 | national defense contractors, armed forces or militia | ||||||
17 | personnel, private
and public utility companies, or law | ||||||
18 | enforcement agencies. | ||||||
19 | (720 ILCS 5/Art. 17, Subdiv. 35 heading new) | ||||||
20 | SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD
| ||||||
21 | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| ||||||
22 | Sec. 17-56 16-1.3 . Financial exploitation of an elderly | ||||||
23 | person or a
person with a disability.
| ||||||
24 | (a) A person commits the offense of financial exploitation |
| |||||||
| |||||||
1 | of an elderly
person or a person with a disability when he or | ||||||
2 | she stands in a
position of trust
or confidence with the
| ||||||
3 | elderly person or a person with a disability
and he
or she | ||||||
4 | knowingly and by
deception or
intimidation obtains control over | ||||||
5 | the property of an elderly person or
a person
with a disability
| ||||||
6 | or illegally uses the assets or resources of an elderly person | ||||||
7 | or a
person with a disability. The illegal use of the assets or | ||||||
8 | resources of an
elderly person or a person with a disability | ||||||
9 | includes, but is not limited
to, the misappropriation of those | ||||||
10 | assets or resources by undue influence,
breach of a fiduciary | ||||||
11 | relationship, fraud, deception, extortion, or
use of the assets | ||||||
12 | or resources contrary to law.
| ||||||
13 | (b) Sentence. Financial exploitation of an elderly person | ||||||
14 | or a person
with a
disability is : (1) a Class 4
felony if the | ||||||
15 | value of the property is $300 or less, (2) a Class 3 felony if
| ||||||
16 | the value of the property is more than $300 but less than | ||||||
17 | $5,000, (3) a Class 2
felony if the value of the property is | ||||||
18 | $5,000 or more but less than
$100,000 , and (4) a Class 1 felony | ||||||
19 | if the value of the property is $100,000 or more
or if the | ||||||
20 | elderly person is over 70 years of age and the value of the
| ||||||
21 | property is $15,000 or more or if the elderly person is 80 | ||||||
22 | years of age or
older and the value of the property is $5,000 | ||||||
23 | or more.
| ||||||
24 | (c) (b) For purposes of this Section:
| ||||||
25 | (1) "Elderly person" means a person 60
years of age or | ||||||
26 | older.
|
| |||||||
| |||||||
1 | (2) "Person with a disability" means a person who
| ||||||
2 | suffers from a physical or mental impairment resulting from
| ||||||
3 | disease, injury, functional disorder or congenital | ||||||
4 | condition that impairs the
individual's mental or physical | ||||||
5 | ability to independently manage his or her
property or | ||||||
6 | financial resources, or both.
| ||||||
7 | (3) "Intimidation" means the communication to an | ||||||
8 | elderly person or a
person with a disability that he or she | ||||||
9 | shall be deprived of food and
nutrition,
shelter, | ||||||
10 | prescribed
medication or medical care and treatment.
| ||||||
11 | (4) "Deception" means, in addition to its meaning as | ||||||
12 | defined in Section
15-4 of this Code,
a misrepresentation | ||||||
13 | or concealment of material fact
relating to the terms of a | ||||||
14 | contract or agreement entered into with the
elderly person | ||||||
15 | or person with a disability or to the
existing or
| ||||||
16 | pre-existing condition of
any of the property involved in | ||||||
17 | such contract or agreement; or the use or
employment of any | ||||||
18 | misrepresentation, false pretense or false promise in
| ||||||
19 | order to induce, encourage or solicit the elderly person or
| ||||||
20 | person with
a disability to
enter into a contract or | ||||||
21 | agreement.
| ||||||
22 | The illegal use of the assets or resources of an
elderly | ||||||
23 | person or a person with a disability includes, but is not | ||||||
24 | limited
to, the misappropriation of those assets or resources | ||||||
25 | by undue influence,
breach of a fiduciary relationship, fraud, | ||||||
26 | deception, extortion, or
use of the assets or resources |
| |||||||
| |||||||
1 | contrary to law. | ||||||
2 | A (c) For purposes of this Section, a person stands in a | ||||||
3 | position of
trust and confidence with an elderly person or | ||||||
4 | person with a
disability when he (i) (1) is a
parent, spouse, | ||||||
5 | adult child or other relative by blood or marriage of the
| ||||||
6 | elderly person or person with a disability, (ii) (2) is a joint
| ||||||
7 | tenant or
tenant in common with
the elderly person or person | ||||||
8 | with a disability, (iii) (3) has
a legal or
fiduciary | ||||||
9 | relationship
with the elderly person or person with a | ||||||
10 | disability, or (iv) (4) is a financial
planning or investment | ||||||
11 | professional.
| ||||||
12 | (d) Limitations. Nothing in this Section shall be construed | ||||||
13 | to limit the remedies
available to the victim under the | ||||||
14 | Illinois Domestic Violence Act of 1986.
| ||||||
15 | (e) Good faith efforts. Nothing in this Section shall be | ||||||
16 | construed to impose criminal
liability on a person who has made | ||||||
17 | a good faith effort to assist the
elderly person or person with | ||||||
18 | a disability in the
management of his or her
property, but | ||||||
19 | through
no fault of his or her own has been unable to provide | ||||||
20 | such assistance.
| ||||||
21 | (f) Not a defense. It shall not be a defense to financial | ||||||
22 | exploitation of an elderly
person or person with a disability | ||||||
23 | that the accused reasonably believed
that the victim was
not an | ||||||
24 | elderly person or person with a disability.
| ||||||
25 | (g) Civil Liability. A person who is charged by information | ||||||
26 | or
indictment with the offense of financial exploitation of an |
| |||||||
| |||||||
1 | elderly person
or person with a disability and who fails or | ||||||
2 | refuses to return
the victim's property
within 60 days | ||||||
3 | following a written demand from the victim or the victim's
| ||||||
4 | legal representative shall be liable to the victim or to the | ||||||
5 | estate of the
victim in damages of treble the amount of the | ||||||
6 | value of the property
obtained, plus reasonable attorney fees | ||||||
7 | and court costs. The burden of
proof that the defendant | ||||||
8 | unlawfully obtained the victim's property shall be
by a | ||||||
9 | preponderance of the evidence. This subsection shall be | ||||||
10 | operative
whether or not the defendant has been convicted of | ||||||
11 | the offense.
| ||||||
12 | (Source: P.A. 95-798, eff. 1-1-09.)
| ||||||
13 | (720 ILCS 5/17-57) (was 720 ILCS 5/17-28) | ||||||
14 | Sec. 17-57 17-28 . Defrauding drug and alcohol screening | ||||||
15 | tests. | ||||||
16 | (a) It is unlawful for a person to: | ||||||
17 | (1) manufacture, sell, give away, distribute, or | ||||||
18 | market synthetic or human substances or other products in | ||||||
19 | this State or transport urine into this State with the | ||||||
20 | intent of using the synthetic or human substances or other | ||||||
21 | products to defraud a drug or alcohol screening test; | ||||||
22 | (2) substitute or spike a sample or advertise a sample | ||||||
23 | substitution or other spiking device or measure, with the | ||||||
24 | intent of attempting attempt to foil or defeat a drug or | ||||||
25 | alcohol screening test by the substitution or spiking of a |
| |||||||
| |||||||
1 | sample or the advertisement of a sample substitution or | ||||||
2 | other spiking device or measure ; | ||||||
3 | (3) adulterate synthetic or human substances with the | ||||||
4 | intent to defraud a drug or alcohol screening test; or | ||||||
5 | (4) manufacture, sell, or possess adulterants that are | ||||||
6 | intended to be used to adulterate synthetic or human | ||||||
7 | substances with the intent for the purpose of defrauding a | ||||||
8 | drug or alcohol screening test. | ||||||
9 | (b) The For the purpose of determining the intent of the | ||||||
10 | defendant who is charged with a violation of this Section, the | ||||||
11 | trier of fact may infer intent to violate this Section if take | ||||||
12 | into consideration whether or not a heating element or any | ||||||
13 | other device used to thwart a drug or alcohol screening test | ||||||
14 | accompanies the sale, giving, distribution, or marketing of | ||||||
15 | synthetic or human substances or other products or whether or | ||||||
16 | not instructions that provide a method for thwarting a drug or | ||||||
17 | alcohol screening test accompany the sale, giving, | ||||||
18 | distribution, or marketing of synthetic or human substances or | ||||||
19 | other products. | ||||||
20 | (c) Sentence. A violation of this Section is a Class 4 | ||||||
21 | felony for which the court shall impose a minimum fine of | ||||||
22 | $1,000. | ||||||
23 | (d) For the purposes of this Section, "drug or alcohol | ||||||
24 | screening test" includes, but is not limited to, urine testing, | ||||||
25 | hair follicle testing, perspiration testing, saliva testing, | ||||||
26 | blood testing, fingernail testing, and eye drug testing.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-691, eff. 7-9-04.)
| ||||||
2 | (720 ILCS 5/17-58)
(was 720 ILCS 5/17-16)
| ||||||
3 | Sec. 17-58 17-16 . Fraudulent production of infant. A person
| ||||||
4 | who fraudulently produces an infant, falsely
pretending it to | ||||||
5 | have been born of parents whose child would be entitled to a
| ||||||
6 | share of a personal estate, or to inherit real estate, with
the | ||||||
7 | intent of intercepting the inheritance of the real estate,
or | ||||||
8 | the distribution of the personal property from a person | ||||||
9 | lawfully entitled to
the personal property,
is guilty of a | ||||||
10 | Class 3 felony.
| ||||||
11 | (Source: P.A. 89-234, eff. 1-1-96.)
| ||||||
12 | (720 ILCS 5/17-59) (was 720 ILCS 5/39-1)
| ||||||
13 | Sec. 17-59 39-1 .
Criminal
usury Usury .
| ||||||
14 | (a) A Any person commits criminal usury when, in exchange | ||||||
15 | for either a
loan of money or other property or forbearance | ||||||
16 | from the collection of such
a loan, he or she knowingly | ||||||
17 | contracts for or receives from an individual, directly
or | ||||||
18 | indirectly, interest, discount , or other consideration at a | ||||||
19 | rate greater
than 20% per annum either before or after the | ||||||
20 | maturity of the loan.
| ||||||
21 | (b) When a person has in his or her personal or | ||||||
22 | constructive possession
records, memoranda, or other | ||||||
23 | documentary record of usurious loans , the trier of fact may | ||||||
24 | infer it shall
be prima facie evidence that he or she has |
| |||||||
| |||||||
1 | violated subsection (a) of this Section Subsection 39-1(a) | ||||||
2 | hereof .
| ||||||
3 | (c) Sentence. Criminal usury is a Class 4 felony. | ||||||
4 | (d) Non-application to licensed persons. This Section does | ||||||
5 | not apply to any loan authorized to be made by any
person | ||||||
6 | licensed under the Consumer Installment Loan Act or to any loan | ||||||
7 | permitted by
Sections 4, 4.2 and 4a of the Interest Act or by | ||||||
8 | any other
law of this State. | ||||||
9 | (Source: P.A. 76-1879.)
| ||||||
10 | (720 ILCS 5/17-60) (was 720 ILCS 5/17-7)
| ||||||
11 | Sec. 17-60 17-7 . Promotion of pyramid sales schemes. | ||||||
12 | (a) A person who knowingly sells, offers to sell, or | ||||||
13 | attempts to sell the right to participate in a pyramid sales | ||||||
14 | scheme commits a Class A misdemeanor. | ||||||
15 | (b) (a) The term "pyramid
sales scheme" means any plan or | ||||||
16 | operation whereby a person, in exchange
for money or other | ||||||
17 | thing of value, acquires the opportunity to receive a
benefit | ||||||
18 | or thing of value, which is primarily based upon the inducement
| ||||||
19 | of additional persons, by himself or others, regardless of | ||||||
20 | number, to participate
in the same plan or operation and is not | ||||||
21 | primarily contingent on the volume
or quantity of goods, | ||||||
22 | services, or other property sold or distributed or
to be sold | ||||||
23 | or distributed to persons for purposes of resale to consumers.
| ||||||
24 | For purposes of this subsection, "money or other thing of | ||||||
25 | value" shall not
include payments
made for sales demonstration |
| |||||||
| |||||||
1 | equipment and materials furnished on a nonprofit
basis for use | ||||||
2 | in making sales and not for resale.
| ||||||
3 | (b) Any person who knowingly sells, offers to sell, or | ||||||
4 | attempts to sell
the right to participate in a pyramid sales | ||||||
5 | scheme commits a Class A misdemeanor.
| ||||||
6 | (Source: P.A. 83-808.)
| ||||||
7 | (720 ILCS 5/17-61 new)
| ||||||
8 | Sec. 17-61. Unauthorized use of university stationery. | ||||||
9 | (a) No person, firm or corporation shall use the official | ||||||
10 | stationery or
seal or a facsimile thereof, of any State | ||||||
11 | supported university, college or
other institution of higher | ||||||
12 | education or any organization thereof unless
approved in | ||||||
13 | writing in advance by the university, college or institution of
| ||||||
14 | higher education affected, for any private promotional scheme | ||||||
15 | wherein it is
made to appear that the organization or | ||||||
16 | university, college or other
institution of higher education is | ||||||
17 | endorsing the private promotional
scheme. | ||||||
18 | (b) A violation of this Section is a petty offense. | ||||||
19 | (720 ILCS 5/17-62 new) | ||||||
20 | Sec. 17-62. Unlawful possession of device for | ||||||
21 | manufacturing a false universal price code label. It is | ||||||
22 | unlawful for a person to knowingly possess a device the purpose | ||||||
23 | of which is to manufacture a false, counterfeit, altered, or | ||||||
24 | simulated universal price code label. A violation of this |
| |||||||
| |||||||
1 | Section is a Class 3 felony.
| ||||||
2 | (720 ILCS 5/16D-2 rep.)
| ||||||
3 | (720 ILCS 5/Art. 16H rep.)
| ||||||
4 | (720 ILCS 5/17-1a rep.)
| ||||||
5 | (720 ILCS 5/17-2.5 rep.)
| ||||||
6 | (720 ILCS 5/17-4 rep.)
| ||||||
7 | (720 ILCS 5/17-8 rep.)
| ||||||
8 | (720 ILCS 5/17-10 rep.)
| ||||||
9 | (720 ILCS 5/17-11.1 rep.)
| ||||||
10 | (720 ILCS 5/17-12 rep.)
| ||||||
11 | (720 ILCS 5/17-14 rep.)
| ||||||
12 | (720 ILCS 5/17-15 rep.)
| ||||||
13 | (720 ILCS 5/17-18 rep.)
| ||||||
14 | (720 ILCS 5/17-19 rep.)
| ||||||
15 | (720 ILCS 5/17-23 rep.)
| ||||||
16 | (720 ILCS 5/Art. 17A rep.)
| ||||||
17 | (720 ILCS 5/17B-1 rep.)
| ||||||
18 | (720 ILCS 5/17B-5 rep.)
| ||||||
19 | (720 ILCS 5/17B-10 rep.)
| ||||||
20 | (720 ILCS 5/17B-15 rep.)
| ||||||
21 | (720 ILCS 5/17B-20 rep.)
| ||||||
22 | (720 ILCS 5/17B-25 rep.)
| ||||||
23 | (720 ILCS 5/17B-30 rep.)
| ||||||
24 | (720 ILCS 5/32-5 rep.)
| ||||||
25 | (720 ILCS 5/32-5.1 rep.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/32-5.1-1 rep.)
| ||||||
2 | (720 ILCS 5/32-5.2 rep.)
| ||||||
3 | (720 ILCS 5/32-5.2-5 rep.)
| ||||||
4 | (720 ILCS 5/32-5.3 rep.)
| ||||||
5 | (720 ILCS 5/32-5.4 rep.) | ||||||
6 | (720 ILCS 5/32-5.4-1 rep.) | ||||||
7 | (720 ILCS 5/32-5.5 rep.) | ||||||
8 | (720 ILCS 5/32-5.6 rep.) | ||||||
9 | (720 ILCS 5/32-5.7 rep.) | ||||||
10 | (720 ILCS 5/Art. 33C rep.) | ||||||
11 | (720 ILCS 5/Art. 39 heading rep.)
| ||||||
12 | (720 ILCS 5/39-2 rep.)
| ||||||
13 | (720 ILCS 5/39-3 rep.)
| ||||||
14 | (720 ILCS 5/Art. 46 rep.) | ||||||
15 | Section 5-6. The Criminal Code of 1961 is amended by | ||||||
16 | repealing Article 16H, Article 17A, Article 33C, Article 46, | ||||||
17 | the heading of Article 39, and Sections 16D-2, 17-1a, 17-2.5, | ||||||
18 | 17-4, 17-8, 17-10, 17-11.1, 17-12, 17-14, 17-15, 17-18, 17-19, | ||||||
19 | 17-23, 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25, 17B-30, | ||||||
20 | 32-5, 32-5.1, 32-5.1-1, 32-5.2, 32-5.2-5, 32-5.3, 32-5.4, | ||||||
21 | 32-5.4-1, 32-5.5, 32-5.6, 32-5.7, 39-2, and 39-3.
| ||||||
22 | (720 ILCS 240/Act rep.)
| ||||||
23 | Section 5-10. The Conditional Sales Protection Act is | ||||||
24 | repealed. |
| |||||||
| |||||||
1 | (720 ILCS 245/Act rep.) | ||||||
2 | Section 5-12. The Construction Equipment Identification | ||||||
3 | Defacement Act is repealed. | ||||||
4 | (720 ILCS 250/Act rep.) | ||||||
5 | Section 5-15. The Illinois Credit Card and Debit Card Act | ||||||
6 | is repealed.
| ||||||
7 | (720 ILCS 290/Act rep.)
| ||||||
8 | Section 5-20. The Deceptive Sale of Gold and Silver Act is | ||||||
9 | repealed.
| ||||||
10 | (720 ILCS 295/Act rep.)
| ||||||
11 | Section 5-25. The Deceptive Advertising Act is repealed.
| ||||||
12 | (720 ILCS 305/Act rep.)
| ||||||
13 | Section 5-30. The Gasoline Price Advertising Act is | ||||||
14 | repealed.
| ||||||
15 | (720 ILCS 325/Act rep.)
| ||||||
16 | Section 5-35. The Insurance Claims for Excessive Charges | ||||||
17 | Act is repealed. | ||||||
18 | (720 ILCS 335/Act rep.) | ||||||
19 | Section 5-37. The Marks and Serial Numbers Act is repealed.
|
| |||||||
| |||||||
1 | (720 ILCS 390/Act rep.)
| ||||||
2 | Section 5-40. The Use of University Stationery Act is | ||||||
3 | repealed. | ||||||
4 | Article 10. | ||||||
5 | Section 10-5. The Department of Revenue Law of the
Civil | ||||||
6 | Administrative Code of Illinois is amended by changing Section | ||||||
7 | 2505-400 as follows:
| ||||||
8 | (20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
| ||||||
9 | Sec. 2505-400. Contracts for collection assistance.
| ||||||
10 | (a) The Department has the
power to contract for collection | ||||||
11 | assistance on a contingent fee
basis, with collection fees to | ||||||
12 | be retained by the collection agency and the
net collections to | ||||||
13 | be paid to the Department.
In the case of any liability | ||||||
14 | referred to a collection agency on or after July
1,
2003, any | ||||||
15 | fee
charged to the State by the collection agency shall be | ||||||
16 | considered additional
State tax of the
taxpayer imposed under | ||||||
17 | the Act under which the tax being collected was imposed,
shall | ||||||
18 | be
deemed assessed at the time payment of the tax is made to | ||||||
19 | the collection
agency,
and shall
be separately stated in any | ||||||
20 | statement or notice of the liability issued by the
collection | ||||||
21 | agency
to the taxpayer.
| ||||||
22 | (b) The Department has the power to enter into written | ||||||
23 | agreements with
State's Attorneys for pursuit of civil |
| |||||||
| |||||||
1 | liability under subsection (E) of Section 17-1 17-1a of the
| ||||||
2 | Criminal Code of 1961 against persons who have issued to the | ||||||
3 | Department checks
or other orders in violation of the | ||||||
4 | provisions of paragraph (1) (d) of subsection
(B) of Section | ||||||
5 | 17-1 of the Criminal Code of 1961. Of the amount collected, the
| ||||||
6 | Department shall retain the amount owing upon the dishonored | ||||||
7 | check or order
along with the dishonored check fee imposed | ||||||
8 | under the Uniform Penalty and
Interest Act. The balance of | ||||||
9 | damages, fees, and costs collected under subsection (E) of | ||||||
10 | Section
17-1 17-1a of the Criminal Code of 1961 or under | ||||||
11 | Section 17-1a of that Code shall be retained by the State's | ||||||
12 | Attorney.
The agreement shall not affect the allocation of | ||||||
13 | fines and costs imposed in any
criminal prosecution.
| ||||||
14 | (c) The Department may issue the Secretary of the Treasury | ||||||
15 | of the United
States (or his or her delegate) notice, as | ||||||
16 | required by Section 6402(e) of the
Internal Revenue Code, of | ||||||
17 | any past due, legally enforceable State income tax
obligation | ||||||
18 | of a taxpayer. The Department must notify the taxpayer that any | ||||||
19 | fee
charged to the State by the Secretary of the Treasury of | ||||||
20 | the United States (or
his
or her delegate) under Internal | ||||||
21 | Revenue Code Section 6402(e) is
considered additional State | ||||||
22 | income tax of the taxpayer with respect to whom the
Department | ||||||
23 | issued the notice, and is deemed assessed upon issuance by
the | ||||||
24 | Department of notice to the Secretary of the Treasury of the | ||||||
25 | United States
(or his or her delegate) under Section 6402(e) of | ||||||
26 | the Internal Revenue Code; a
notice of additional State income |
| |||||||
| |||||||
1 | tax is not considered a notice of
deficiency, and the taxpayer | ||||||
2 | has no right of protest.
| ||||||
3 | (Source: P.A. 92-492, eff. 1-1-02; 93-25, eff. 6-20-03.)
| ||||||
4 | Section 10-10. The Counties Code is amended by changing | ||||||
5 | Section 3-9005 as follows:
| ||||||
6 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||||||
7 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
8 | (a) The duty of each State's attorney shall be:
| ||||||
9 | (1) To commence and prosecute all actions, suits, | ||||||
10 | indictments and
prosecutions, civil and criminal, in the | ||||||
11 | circuit court for his county,
in which the people of the | ||||||
12 | State or county may be concerned.
| ||||||
13 | (2) To prosecute all forfeited bonds and | ||||||
14 | recognizances, and all
actions and proceedings for the | ||||||
15 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
16 | forfeitures accruing to the State or his county, or
to any | ||||||
17 | school district or road district in his county; also, to
| ||||||
18 | prosecute all suits in his county against railroad or | ||||||
19 | transportation
companies, which may be prosecuted in the | ||||||
20 | name of the People of the
State of Illinois.
| ||||||
21 | (3) To commence and prosecute all actions and | ||||||
22 | proceedings brought by
any county officer in his official | ||||||
23 | capacity.
| ||||||
24 | (4) To defend all actions and proceedings brought |
| |||||||
| |||||||
1 | against his
county, or against any county or State officer, | ||||||
2 | in his official
capacity, within his county.
| ||||||
3 | (5) To attend the examination of all persons brought | ||||||
4 | before any judge
on habeas corpus, when the prosecution is | ||||||
5 | in his county.
| ||||||
6 | (6) To attend before judges and prosecute charges of | ||||||
7 | felony or
misdemeanor, for which the offender is required | ||||||
8 | to be recognized to appear
before the circuit court, when | ||||||
9 | in his power so to do.
| ||||||
10 | (7) To give his opinion, without fee or reward, to any | ||||||
11 | county officer
in his county, upon any question or law | ||||||
12 | relating to any criminal or other
matter, in which the | ||||||
13 | people or the county may be concerned.
| ||||||
14 | (8) To assist the attorney general whenever it may be | ||||||
15 | necessary, and in
cases of appeal from his county to the | ||||||
16 | Supreme Court, to which it is the
duty of the attorney | ||||||
17 | general to attend, he shall furnish the attorney general
at | ||||||
18 | least 10 days before such is due to be filed, a manuscript | ||||||
19 | of a proposed
statement, brief and argument to be printed | ||||||
20 | and filed on behalf of the people,
prepared in accordance | ||||||
21 | with the rules of the Supreme Court. However, if
such | ||||||
22 | brief, argument or other document is due to be filed by law | ||||||
23 | or order
of court within this 10 day period, then the | ||||||
24 | State's attorney shall furnish
such as soon as may be | ||||||
25 | reasonable.
| ||||||
26 | (9) To pay all moneys received by him in trust, without |
| |||||||
| |||||||
1 | delay, to the
officer who by law is entitled to the custody | ||||||
2 | thereof.
| ||||||
3 | (10) To notify, by first class mail, complaining | ||||||
4 | witnesses of the ultimate
disposition of the cases arising | ||||||
5 | from an indictment or an information.
| ||||||
6 | (11) To perform such other and further duties as may, | ||||||
7 | from time to time,
be enjoined on him by law.
| ||||||
8 | (12) To appear in all proceedings by collectors of | ||||||
9 | taxes against
delinquent taxpayers for judgments to sell | ||||||
10 | real estate, and see that all the
necessary preliminary | ||||||
11 | steps have been legally taken to make the judgment legal
| ||||||
12 | and binding.
| ||||||
13 | (13) To notify, by first-class mail, the State | ||||||
14 | Superintendent of Education, the applicable regional | ||||||
15 | superintendent of schools, and the superintendent of the | ||||||
16 | employing school district or the chief school | ||||||
17 | administrator of the employing nonpublic school, if any, | ||||||
18 | upon the conviction of any individual known to possess a | ||||||
19 | certificate issued pursuant to Article 21 of the School | ||||||
20 | Code of any offense set forth in Section 21-23a of the | ||||||
21 | School Code or any other felony conviction, providing the | ||||||
22 | name of the certificate holder, the fact of the conviction, | ||||||
23 | and the name and location of the court where the conviction | ||||||
24 | occurred. The certificate holder must also be | ||||||
25 | contemporaneously sent a copy of the notice. | ||||||
26 | (b) The State's Attorney of each county shall have |
| |||||||
| |||||||
1 | authority to
appoint one or more special investigators to serve | ||||||
2 | subpoenas, make return
of process and conduct investigations | ||||||
3 | which assist the State's Attorney in
the performance of his | ||||||
4 | duties. A special investigator shall not carry
firearms except | ||||||
5 | with permission of the State's Attorney and only while
carrying | ||||||
6 | appropriate identification indicating his employment and in | ||||||
7 | the
performance of his assigned duties.
| ||||||
8 | Subject to the qualifications set forth in this subsection, | ||||||
9 | special
investigators shall be peace officers and shall have | ||||||
10 | all the powers possessed
by investigators under the State's | ||||||
11 | Attorneys Appellate Prosecutor's Act.
| ||||||
12 | No special investigator employed by the State's Attorney | ||||||
13 | shall have peace
officer status or exercise police powers | ||||||
14 | unless he or she successfully
completes the basic police | ||||||
15 | training course mandated and approved by the
Illinois Law | ||||||
16 | Enforcement Training Standards Board or such
board waives the | ||||||
17 | training requirement by reason of the special
investigator's | ||||||
18 | prior law enforcement experience or training or both. Any
| ||||||
19 | State's Attorney appointing a special investigator shall | ||||||
20 | consult with all
affected local police agencies, to the extent | ||||||
21 | consistent with the public
interest, if the special | ||||||
22 | investigator is assigned to areas within that
agency's | ||||||
23 | jurisdiction.
| ||||||
24 | Before a person is appointed as a special investigator, his
| ||||||
25 | fingerprints shall be taken and transmitted to the Department | ||||||
26 | of State
Police. The Department shall examine its records and |
| |||||||
| |||||||
1 | submit to the State's
Attorney of the county in which the | ||||||
2 | investigator seeks appointment any
conviction information | ||||||
3 | concerning the person on file with the Department.
No person | ||||||
4 | shall be appointed as a special investigator if he has been
| ||||||
5 | convicted of a felony or other offense involving moral | ||||||
6 | turpitude. A
special investigator shall be paid a salary and be | ||||||
7 | reimbursed for actual
expenses incurred in performing his | ||||||
8 | assigned duties. The county board
shall approve the salary and | ||||||
9 | actual expenses and appropriate the salary
and expenses in the | ||||||
10 | manner prescribed by law or ordinance.
| ||||||
11 | (c) The State's
Attorney may request and receive from | ||||||
12 | employers, labor unions, telephone
companies, and utility | ||||||
13 | companies
location information concerning putative fathers and | ||||||
14 | noncustodial parents for
the purpose of establishing a child's | ||||||
15 | paternity or establishing, enforcing, or
modifying a child | ||||||
16 | support obligation. In this subsection, "location
information"
| ||||||
17 | means information about (i) the physical whereabouts of a | ||||||
18 | putative father or
noncustodial parent, (ii) the putative | ||||||
19 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
20 | wages, and other
compensation paid and the health insurance | ||||||
21 | coverage provided to the putative
father or noncustodial parent | ||||||
22 | by the employer of the putative father or
noncustodial parent
| ||||||
23 | or by a labor union of which the putative father or | ||||||
24 | noncustodial parent is a
member.
| ||||||
25 | (d) For each State fiscal year, the
State's Attorney of | ||||||
26 | Cook County shall appear before the General Assembly and
|
| |||||||
| |||||||
1 | request appropriations to be made from the Capital Litigation | ||||||
2 | Trust Fund to the
State Treasurer for the purpose of providing | ||||||
3 | assistance in the prosecution of
capital cases in Cook County | ||||||
4 | and for the purpose of providing assistance to the State in | ||||||
5 | post-conviction proceedings in capital cases under Article 122 | ||||||
6 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
7 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
8 | Procedure in relation to capital cases. The State's Attorney | ||||||
9 | may appear before the
General Assembly at other times during | ||||||
10 | the State's fiscal year to request
supplemental appropriations | ||||||
11 | from the Trust Fund to the State Treasurer.
| ||||||
12 | (e) The State's Attorney shall have the authority to enter | ||||||
13 | into a written
agreement with the Department of Revenue for | ||||||
14 | pursuit of civil
liability under subsection (E) of Section 17-1 | ||||||
15 | 17-1a of the Criminal Code of 1961 against persons who
have | ||||||
16 | issued to the Department checks or other orders in violation of | ||||||
17 | the
provisions of paragraph (1) (d) of subsection (B) of | ||||||
18 | Section 17-1 of the Criminal
Code of 1961, with the Department | ||||||
19 | to retain the amount owing upon the
dishonored check or order | ||||||
20 | along with the dishonored check fee imposed under the
Uniform | ||||||
21 | Penalty and Interest Act, with the balance of damages, fees, | ||||||
22 | and costs
collected under subsection (E) of Section 17-1 17-1a | ||||||
23 | of the Criminal Code of 1961 or under Section 17-1a of that | ||||||
24 | Code to be retained by
the State's Attorney. The agreement | ||||||
25 | shall not affect the allocation of fines
and costs imposed in | ||||||
26 | any criminal prosecution.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-431, eff. 8-13-09.)
| ||||||
2 | Section 10-15. The Acupuncture Practice Act is amended by | ||||||
3 | changing Section 117 as follows: | ||||||
4 | (225 ILCS 2/117) | ||||||
5 | (Section scheduled to be repealed on January 1, 2018) | ||||||
6 | Sec. 117. Suspension of license for failure to pay | ||||||
7 | restitution. The Department, without further process or | ||||||
8 | hearing, shall suspend the license or other authorization to | ||||||
9 | practice of any person issued under this Act who has been | ||||||
10 | certified by court order as not having paid restitution to a | ||||||
11 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
12 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
13 | person whose license or other authorization to practice is | ||||||
14 | suspended under this Section is prohibited from practicing | ||||||
15 | until the restitution is made in full.
| ||||||
16 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
17 | Section 10-20. The Illinois Athletic Trainers Practice Act | ||||||
18 | is amended by changing Section 16.5 as follows: | ||||||
19 | (225 ILCS 5/16.5) | ||||||
20 | (Section scheduled to be repealed on January 1, 2016) | ||||||
21 | Sec. 16.5. Suspension of license for failure to pay | ||||||
22 | restitution. The Department, without further process or |
| |||||||
| |||||||
1 | hearing, shall suspend the license or other authorization to | ||||||
2 | practice of any person issued under this Act who has been | ||||||
3 | certified by court order as not having paid restitution to a | ||||||
4 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
5 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
6 | person whose license or other authorization to practice is | ||||||
7 | suspended under this Section is prohibited from practicing | ||||||
8 | until the restitution is made in full.
| ||||||
9 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
10 | Section 10-25. The Clinical Psychologist Licensing Act is | ||||||
11 | amended by changing Section 15.1 as follows: | ||||||
12 | (225 ILCS 15/15.1) | ||||||
13 | (Section scheduled to be repealed on January 1, 2017) | ||||||
14 | Sec. 15.1. Suspension of license for failure to pay | ||||||
15 | restitution. The Department, without further process or | ||||||
16 | hearing, shall suspend the license or other authorization to | ||||||
17 | practice of any person issued under this Act who has been | ||||||
18 | certified by court order as not having paid restitution to a | ||||||
19 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
20 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
21 | person whose license or other authorization to practice is | ||||||
22 | suspended under this Section is prohibited from practicing | ||||||
23 | until the restitution is made in full.
| ||||||
24 | (Source: P.A. 94-577, eff. 1-1-06 .) |
| |||||||
| |||||||
1 | Section 10-30. The Clinical Social Work and Social Work | ||||||
2 | Practice Act is amended by changing Section 19.5 as follows: | ||||||
3 | (225 ILCS 20/19.5) | ||||||
4 | (Section scheduled to be repealed on January 1, 2018) | ||||||
5 | Sec. 19.5. Suspension of license for failure to pay | ||||||
6 | restitution. The Department, without further process or | ||||||
7 | hearing, shall suspend the license or other authorization to | ||||||
8 | practice of any person issued under this Act who has been | ||||||
9 | certified by court order as not having paid restitution to a | ||||||
10 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
11 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
12 | person whose license or other authorization to practice is | ||||||
13 | suspended under this Section is prohibited from practicing | ||||||
14 | until the restitution is made in full.
| ||||||
15 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
16 | Section 10-35. The Illinois Dental Practice Act is amended | ||||||
17 | by changing Section 23c as follows: | ||||||
18 | (225 ILCS 25/23c) | ||||||
19 | (Section scheduled to be repealed on January 1, 2016) | ||||||
20 | Sec. 23c. Suspension of license for failure to pay | ||||||
21 | restitution. The Department, without further process or | ||||||
22 | hearing, shall suspend the license or other authorization to |
| |||||||
| |||||||
1 | practice of any person issued under this Act who has been | ||||||
2 | certified by court order as not having paid restitution to a | ||||||
3 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
4 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
5 | person whose license or other authorization to practice is | ||||||
6 | suspended under this Section is prohibited from practicing | ||||||
7 | until the restitution is made in full.
| ||||||
8 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
9 | Section 10-40. The Health Care Worker Background Check Act | ||||||
10 | is amended by changing Section 25 as follows:
| ||||||
11 | (225 ILCS 46/25)
| ||||||
12 | Sec. 25. Persons ineligible to be hired by health care | ||||||
13 | employers and long-term care facilities.
| ||||||
14 | (a) In the discretion of the Director of Public Health, as | ||||||
15 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||
16 | or October 1, 2007, as applicable, and as is reasonably | ||||||
17 | practical, no
health care employer shall knowingly hire, | ||||||
18 | employ, or retain any
individual in a position with duties | ||||||
19 | involving direct care for clients,
patients, or residents, and | ||||||
20 | no long-term care facility shall knowingly hire, employ, or | ||||||
21 | retain any individual in a position with duties that involve or | ||||||
22 | may involve
contact with residents or access to the living | ||||||
23 | quarters or the financial, medical, or personal records of | ||||||
24 | residents, who has been convicted of committing or attempting |
| |||||||
| |||||||
1 | to
commit one or more of the following offenses: those defined | ||||||
2 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||
3 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||
4 | 10-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, | ||||||
5 | 12-3, 12-3.1,
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, | ||||||
6 | 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, | ||||||
7 | 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, | ||||||
8 | 16-1.3,
16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, | ||||||
9 | 19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 of the | ||||||
10 | Criminal Code of 1961; those provided in
Section 4 of the | ||||||
11 | Wrongs to Children Act; those provided in Section 53 of the
| ||||||
12 | Criminal Jurisprudence Act; those defined in Section 5, 5.1, | ||||||
13 | 5.2, 7, or 9 of
the Cannabis Control Act; those defined in the | ||||||
14 | Methamphetamine Control and Community Protection Act; or those | ||||||
15 | defined in Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 | ||||||
16 | of the Illinois Controlled Substances Act, unless the
applicant | ||||||
17 | or employee obtains a waiver pursuant to Section 40.
| ||||||
18 | (a-1) In the discretion of the Director of Public Health, | ||||||
19 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
20 | applicable, and as is reasonably practical, no health care | ||||||
21 | employer shall knowingly hire
any individual in a position with | ||||||
22 | duties involving direct care for clients,
patients, or | ||||||
23 | residents, and no long-term care facility shall knowingly hire | ||||||
24 | any individual in a position with duties that involve or may | ||||||
25 | involve
contact with residents or access to the living quarters | ||||||
26 | or the financial, medical, or personal records of residents, |
| |||||||
| |||||||
1 | who has (i) been convicted of committing or attempting
to | ||||||
2 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
3 | 12-4.2-5,
16-2, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44, | ||||||
4 | 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 , or | ||||||
5 | subsection (b) of Section 17-32,
of the Criminal Code of 1961; | ||||||
6 | Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card and | ||||||
7 | Debit Card Act; or Section 5.1 of the Wrongs to Children Act;
| ||||||
8 | or (ii) violated Section 50-50 of the Nurse Practice Act, | ||||||
9 | unless the applicant or employee obtains a waiver pursuant to | ||||||
10 | Section 40 of this Act.
| ||||||
11 | A health care employer is not required to retain an | ||||||
12 | individual in a position
with duties involving direct care for | ||||||
13 | clients, patients, or residents, and no long-term care facility | ||||||
14 | is required to retain an individual in a position with duties | ||||||
15 | that involve or may involve
contact with residents or access to | ||||||
16 | the living quarters or the financial, medical, or personal | ||||||
17 | records of residents, who has
been convicted of committing or | ||||||
18 | attempting to commit one or more of
the offenses enumerated in | ||||||
19 | this subsection.
| ||||||
20 | (b) A health care employer shall not hire, employ, or | ||||||
21 | retain any
individual in a position with duties involving | ||||||
22 | direct care of clients,
patients, or residents, and no | ||||||
23 | long-term care facility shall knowingly hire, employ, or retain | ||||||
24 | any individual in a position with duties that involve or may | ||||||
25 | involve
contact with residents or access to the living quarters | ||||||
26 | or the financial, medical, or personal records of residents, if |
| |||||||
| |||||||
1 | the health care employer becomes aware that the
individual has | ||||||
2 | been convicted in another state of committing or attempting to
| ||||||
3 | commit an offense that has the same or similar elements as an | ||||||
4 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
5 | records, records from a state
agency, or an FBI criminal | ||||||
6 | history record check, unless the applicant or employee obtains | ||||||
7 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
8 | construed to
mean that a health care employer has an obligation | ||||||
9 | to conduct a criminal
history records check in other states in | ||||||
10 | which an employee has resided.
| ||||||
11 | (Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07; | ||||||
12 | 95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
| ||||||
13 | Section 10-45. The Hearing Instrument Consumer Protection | ||||||
14 | Act is amended by changing Section 18.5 as follows: | ||||||
15 | (225 ILCS 50/18.5) | ||||||
16 | (Section scheduled to be repealed on January 1, 2016) | ||||||
17 | Sec. 18.5. Suspension of license for failure to pay | ||||||
18 | restitution. The Department, without further process or | ||||||
19 | hearing, shall suspend the license or other authorization to | ||||||
20 | practice of any person issued under this Act who has been | ||||||
21 | certified by court order as not having paid restitution to a | ||||||
22 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
23 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
24 | person whose license or other authorization to practice is |
| |||||||
| |||||||
1 | suspended under this Section is prohibited from practicing | ||||||
2 | until the restitution is made in full.
| ||||||
3 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
4 | Section 10-50. The Home Medical Equipment and Services | ||||||
5 | Provider License Act is amended by changing Section 77 as | ||||||
6 | follows: | ||||||
7 | (225 ILCS 51/77) | ||||||
8 | (Section scheduled to be repealed on January 1, 2018) | ||||||
9 | Sec. 77. Suspension of license for failure to pay | ||||||
10 | restitution. The Department, without further process or | ||||||
11 | hearing, shall suspend the license or other authorization to | ||||||
12 | practice of any person issued under this Act who has been | ||||||
13 | certified by court order as not having paid restitution to a | ||||||
14 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
15 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
16 | person whose license or other authorization to practice is | ||||||
17 | suspended under this Section is prohibited from practicing | ||||||
18 | until the restitution is made in full.
| ||||||
19 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
20 | Section 10-55. The Marriage and Family Therapy Licensing | ||||||
21 | Act is amended by changing Section 87 as follows: | ||||||
22 | (225 ILCS 55/87) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018) | ||||||
2 | Sec. 87. Suspension of license for failure to pay | ||||||
3 | restitution. The Department, without further process or | ||||||
4 | hearing, shall suspend the license or other authorization to | ||||||
5 | practice of any person issued under this Act who has been | ||||||
6 | certified by court order as not having paid restitution to a | ||||||
7 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
8 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
9 | person whose license or other authorization to practice is | ||||||
10 | suspended under this Section is prohibited from practicing | ||||||
11 | until the restitution is made in full.
| ||||||
12 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
13 | Section 10-60. The Medical Practice Act of 1987 is amended | ||||||
14 | by changing Section 22.5 as follows: | ||||||
15 | (225 ILCS 60/22.5) | ||||||
16 | (Section scheduled to be repealed on December 31, 2010) | ||||||
17 | Sec. 22.5. Suspension of license for failure to pay | ||||||
18 | restitution. The Department, without further process or | ||||||
19 | hearing, shall suspend the license or other authorization to | ||||||
20 | practice of any person issued under this Act who has been | ||||||
21 | certified by court order as not having paid restitution to a | ||||||
22 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
23 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
24 | person whose license or other authorization to practice is |
| |||||||
| |||||||
1 | suspended under this Section is prohibited from practicing | ||||||
2 | until the restitution is made in full.
| ||||||
3 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
4 | Section 10-65. The Naprapathic Practice Act is amended by | ||||||
5 | changing Section 113 as follows: | ||||||
6 | (225 ILCS 63/113) | ||||||
7 | (Section scheduled to be repealed on January 1, 2013) | ||||||
8 | Sec. 113. Suspension of license for failure to pay | ||||||
9 | restitution. The Department, without further process or | ||||||
10 | hearing, shall suspend the license or other authorization to | ||||||
11 | practice of any person issued under this Act who has been | ||||||
12 | certified by court order as not having paid restitution to a | ||||||
13 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
14 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
15 | person whose license or other authorization to practice is | ||||||
16 | suspended under this Section is prohibited from practicing | ||||||
17 | until the restitution is made in full.
| ||||||
18 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
19 | Section 10-70. The Nurse Practice Act is amended by | ||||||
20 | changing Section 70-20 as follows: | ||||||
21 | (225 ILCS 65/70-20) (was 225 ILCS 65/20-13) | ||||||
22 | (Section scheduled to be repealed on January 1, 2018) |
| |||||||
| |||||||
1 | Sec. 70-20. Suspension of license or registration for | ||||||
2 | failure to pay restitution. The Department, without further | ||||||
3 | process or hearing, shall suspend the license or other | ||||||
4 | authorization to practice of any person issued under this Act | ||||||
5 | who has been certified by court order as not having paid | ||||||
6 | restitution to a person under Section 8A-3.5 of the Illinois | ||||||
7 | Public Aid Code or under Section 17-10.5 or 46-1 of the | ||||||
8 | Criminal Code of 1961. A person whose license or other | ||||||
9 | authorization to practice is suspended under this Section is | ||||||
10 | prohibited from practicing until the restitution is made in | ||||||
11 | full.
| ||||||
12 | (Source: P.A. 94-577, eff. 1-1-06; 95-639, eff. 10-5-07.) | ||||||
13 | Section 10-75. The Illinois Occupational Therapy Practice | ||||||
14 | Act is amended by changing Section 19.17 as follows: | ||||||
15 | (225 ILCS 75/19.17) | ||||||
16 | (Section scheduled to be repealed on January 1, 2014) | ||||||
17 | Sec. 19.17. Suspension of license for failure to pay | ||||||
18 | restitution. The Department, without further process or | ||||||
19 | hearing, shall suspend the license or other authorization to | ||||||
20 | practice of any person issued under this Act who has been | ||||||
21 | certified by court order as not having paid restitution to a | ||||||
22 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
23 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
24 | person whose license or other authorization to practice is |
| |||||||
| |||||||
1 | suspended under this Section is prohibited from practicing | ||||||
2 | until the restitution is made in full.
| ||||||
3 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
4 | Section 10-80. The Illinois Optometric Practice Act of 1987 | ||||||
5 | is amended by changing Section 24.5 as follows: | ||||||
6 | (225 ILCS 80/24.5) | ||||||
7 | (Section scheduled to be repealed on January 1, 2017) | ||||||
8 | Sec. 24.5. Suspension of license for failure to pay | ||||||
9 | restitution. The Department, without further process or | ||||||
10 | hearing, shall suspend the license or other authorization to | ||||||
11 | practice of any person issued under this Act who has been | ||||||
12 | certified by court order as not having paid restitution to a | ||||||
13 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
14 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
15 | person whose license or other authorization to practice is | ||||||
16 | suspended under this Section is prohibited from practicing | ||||||
17 | until the restitution is made in full.
| ||||||
18 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
19 | Section 10-85. The Orthotics, Prosthetics, and Pedorthics | ||||||
20 | Practice Act is amended by changing Section 93 as follows: | ||||||
21 | (225 ILCS 84/93) | ||||||
22 | (Section scheduled to be repealed on January 1, 2020) |
| |||||||
| |||||||
1 | Sec. 93. Suspension of license for failure to pay | ||||||
2 | restitution. The Department, without further process or | ||||||
3 | hearing, shall suspend the license or other authorization to | ||||||
4 | practice of any person issued under this Act who has been | ||||||
5 | certified by court order as not having paid restitution to a | ||||||
6 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
7 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
8 | person whose license or other authorization to practice is | ||||||
9 | suspended under this Section is prohibited from practicing | ||||||
10 | until the restitution is made in full.
| ||||||
11 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
12 | Section 10-90. The Pharmacy Practice Act is amended by | ||||||
13 | changing Section 30.5 as follows: | ||||||
14 | (225 ILCS 85/30.5) | ||||||
15 | (Section scheduled to be repealed on January 1, 2018) | ||||||
16 | Sec. 30.5. Suspension of license or certificate for failure | ||||||
17 | to pay restitution. The Department, without further process or | ||||||
18 | hearing, shall suspend the license or other authorization to | ||||||
19 | practice of any person issued under this Act who has been | ||||||
20 | certified by court order as not having paid restitution to a | ||||||
21 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
22 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
23 | person whose license or other authorization to practice is | ||||||
24 | suspended under this Section is prohibited from practicing |
| |||||||
| |||||||
1 | until the restitution is made in full.
| ||||||
2 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
3 | Section 10-95. The Illinois Physical Therapy Act is amended | ||||||
4 | by changing Section 17.5 as follows: | ||||||
5 | (225 ILCS 90/17.5) | ||||||
6 | (Section scheduled to be repealed on January 1, 2016) | ||||||
7 | Sec. 17.5. Suspension of license for failure to pay | ||||||
8 | restitution. The Department, without further process or | ||||||
9 | hearing, shall suspend the license or other authorization to | ||||||
10 | practice of any person issued under this Act who has been | ||||||
11 | certified by court order as not having paid restitution to a | ||||||
12 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
13 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
14 | person whose license or other authorization to practice is | ||||||
15 | suspended under this Section is prohibited from practicing | ||||||
16 | until the restitution is made in full.
| ||||||
17 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
18 | Section 10-100. The Physician Assistant Practice Act of | ||||||
19 | 1987 is amended by changing Section 21.5 as follows: | ||||||
20 | (225 ILCS 95/21.5) | ||||||
21 | (Section scheduled to be repealed on January 1, 2018) | ||||||
22 | Sec. 21.5. Suspension of license for failure to pay |
| |||||||
| |||||||
1 | restitution. The Department, without further process or | ||||||
2 | hearing, shall suspend the license or other authorization to | ||||||
3 | practice of any person issued under this Act who has been | ||||||
4 | certified by court order as not having paid restitution to a | ||||||
5 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
6 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
7 | person whose license or other authorization to practice is | ||||||
8 | suspended under this Section is prohibited from practicing | ||||||
9 | until the restitution is made in full.
| ||||||
10 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
11 | Section 10-105. The Podiatric Medical Practice Act of 1987 | ||||||
12 | is amended by changing Section 24.5 as follows: | ||||||
13 | (225 ILCS 100/24.5) | ||||||
14 | (Section scheduled to be repealed on January 1, 2018) | ||||||
15 | Sec. 24.5. Suspension of license for failure to pay | ||||||
16 | restitution. The Department, without further process or | ||||||
17 | hearing, shall suspend the license or other authorization to | ||||||
18 | practice of any person issued under this Act who has been | ||||||
19 | certified by court order as not having paid restitution to a | ||||||
20 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
21 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
22 | person whose license or other authorization to practice is | ||||||
23 | suspended under this Section is prohibited from practicing | ||||||
24 | until the restitution is made in full.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
2 | Section 10-110. The Respiratory Care Practice Act is | ||||||
3 | amended by changing Section 97 as follows: | ||||||
4 | (225 ILCS 106/97) | ||||||
5 | (Section scheduled to be repealed on January 1, 2016) | ||||||
6 | Sec. 97. Suspension of license for failure to pay | ||||||
7 | restitution. The Department, without further process or | ||||||
8 | hearing, shall suspend the license or other authorization to | ||||||
9 | practice of any person issued under this Act who has been | ||||||
10 | certified by court order as not having paid restitution to a | ||||||
11 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
12 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
13 | person whose license or other authorization to practice is | ||||||
14 | suspended under this Section is prohibited from practicing | ||||||
15 | until the restitution is made in full.
| ||||||
16 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
17 | Section 10-115. The Professional Counselor and Clinical | ||||||
18 | Professional Counselor
Licensing Act is amended by changing | ||||||
19 | Section 83 as follows: | ||||||
20 | (225 ILCS 107/83) | ||||||
21 | (Section scheduled to be repealed on January 1, 2013) | ||||||
22 | Sec. 83. Suspension of license for failure to pay |
| |||||||
| |||||||
1 | restitution. The Department, without further process or | ||||||
2 | hearing, shall suspend the license or other authorization to | ||||||
3 | practice of any person issued under this Act who has been | ||||||
4 | certified by court order as not having paid restitution to a | ||||||
5 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
6 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
7 | person whose license or other authorization to practice is | ||||||
8 | suspended under this Section is prohibited from practicing | ||||||
9 | until the restitution is made in full.
| ||||||
10 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
11 | Section 10-120. The Illinois Speech-Language Pathology and
| ||||||
12 | Audiology Practice Act is amended by changing Section 16.3 as | ||||||
13 | follows: | ||||||
14 | (225 ILCS 110/16.3) | ||||||
15 | (Section scheduled to be repealed on January 1, 2018) | ||||||
16 | Sec. 16.3. Suspension of license for failure to pay | ||||||
17 | restitution. The Department, without further process or | ||||||
18 | hearing, shall suspend the license or other authorization to | ||||||
19 | practice of any person issued under this Act who has been | ||||||
20 | certified by court order as not having paid restitution to a | ||||||
21 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
22 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
23 | person whose license or other authorization to practice is | ||||||
24 | suspended under this Section is prohibited from practicing |
| |||||||
| |||||||
1 | until the restitution is made in full.
| ||||||
2 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
3 | Section 10-125. The Perfusionist Practice Act is amended by | ||||||
4 | changing Section 107 as follows: | ||||||
5 | (225 ILCS 125/107) | ||||||
6 | (Section scheduled to be repealed on January 1, 2020) | ||||||
7 | Sec. 107. Suspension of license for failure to pay | ||||||
8 | restitution. The Department, without further process or | ||||||
9 | hearing, shall suspend the license or other authorization to | ||||||
10 | practice of any person issued under this Act who has been | ||||||
11 | certified by court order as not having paid restitution to a | ||||||
12 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
13 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
14 | person whose license or other authorization to practice is | ||||||
15 | suspended under this Section is prohibited from practicing | ||||||
16 | until the restitution is made in full.
| ||||||
17 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
18 | Section 10-130. The Registered Surgical Assistant and | ||||||
19 | Registered Surgical
Technologist Title Protection Act is | ||||||
20 | amended by changing Section 77 as follows: | ||||||
21 | (225 ILCS 130/77) | ||||||
22 | (Section scheduled to be repealed on January 1, 2014) |
| |||||||
| |||||||
1 | Sec. 77. Suspension of registration for failure to pay | ||||||
2 | restitution. The Department, without further process or | ||||||
3 | hearing, shall suspend the license or other authorization to | ||||||
4 | practice of any person issued under this Act who has been | ||||||
5 | certified by court order as not having paid restitution to a | ||||||
6 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
7 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
8 | person whose license or other authorization to practice is | ||||||
9 | suspended under this Section is prohibited from practicing | ||||||
10 | until the restitution is made in full.
| ||||||
11 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
12 | Section 10-135. The Genetic Counselor Licensing Act is | ||||||
13 | amended by changing Section 97 as follows: | ||||||
14 | (225 ILCS 135/97) | ||||||
15 | (Section scheduled to be repealed on January 1, 2015) | ||||||
16 | Sec. 97. Suspension of license for failure to pay | ||||||
17 | restitution. The Department, without further process or | ||||||
18 | hearing, shall suspend the license or other authorization to | ||||||
19 | practice of any person issued under this Act who has been | ||||||
20 | certified by court order as not having paid restitution to a | ||||||
21 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
22 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A | ||||||
23 | person whose license or other authorization to practice is | ||||||
24 | suspended under this Section is prohibited from practicing |
| |||||||
| |||||||
1 | until the restitution is made in full.
| ||||||
2 | (Source: P.A. 94-577, eff. 1-1-06 .) | ||||||
3 | Section 10-140. The Criminal Code of 1961 is amended by | ||||||
4 | changing Sections 3-6 and 16-1 as follows:
| ||||||
5 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||||||
6 | Sec. 3-6. Extended limitations. The period within which a | ||||||
7 | prosecution
must be commenced under the provisions of Section | ||||||
8 | 3-5 or other applicable
statute is extended under the following | ||||||
9 | conditions:
| ||||||
10 | (a) A prosecution for theft involving a breach of a | ||||||
11 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
12 | as follows:
| ||||||
13 | (1) If the aggrieved person is a minor or a person | ||||||
14 | under legal disability,
then during the minority or legal | ||||||
15 | disability or within one year after the
termination | ||||||
16 | thereof.
| ||||||
17 | (2) In any other instance, within one year after the | ||||||
18 | discovery of the
offense by an aggrieved person, or by a | ||||||
19 | person who has legal capacity to
represent an aggrieved | ||||||
20 | person or has a legal duty to report the offense,
and is | ||||||
21 | not himself or herself a party to the offense; or in the | ||||||
22 | absence of such
discovery, within one year after the proper | ||||||
23 | prosecuting officer becomes
aware of the offense. However, | ||||||
24 | in no such case is the period of limitation
so extended |
| |||||||
| |||||||
1 | more than 3 years beyond the expiration of the period | ||||||
2 | otherwise
applicable.
| ||||||
3 | (b) A prosecution for any offense based upon misconduct in | ||||||
4 | office by a
public officer or employee may be commenced within | ||||||
5 | one year after discovery
of the offense by a person having a | ||||||
6 | legal duty to report such offense, or
in the absence of such | ||||||
7 | discovery, within one year after the proper
prosecuting officer | ||||||
8 | becomes aware of the offense. However, in no such case
is the | ||||||
9 | period of limitation so extended more than 3 years beyond the
| ||||||
10 | expiration of the period otherwise applicable.
| ||||||
11 | (c) (Blank).
| ||||||
12 | (d) A prosecution for child pornography, indecent
| ||||||
13 | solicitation of a
child, soliciting for a juvenile prostitute, | ||||||
14 | juvenile pimping or
exploitation of a child may be commenced | ||||||
15 | within one year of the victim
attaining the age of 18 years. | ||||||
16 | However, in no such case shall the time
period for prosecution | ||||||
17 | expire sooner than 3 years after the commission of
the offense. | ||||||
18 | When the victim is under 18 years of age, a prosecution for
| ||||||
19 | criminal
sexual abuse may be commenced within
one year of the | ||||||
20 | victim attaining the age of 18 years. However, in no such
case | ||||||
21 | shall the time period for prosecution expire sooner than 3 | ||||||
22 | years after
the commission of the offense.
| ||||||
23 | (e) Except as otherwise provided in subdivision (j), a | ||||||
24 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
25 | penetration, as defined in Section 12-12 of this Code, where | ||||||
26 | the defendant
was within a professional or fiduciary |
| |||||||
| |||||||
1 | relationship or a purported
professional or fiduciary | ||||||
2 | relationship with the victim at the
time of the commission of | ||||||
3 | the offense may be commenced within one year
after the | ||||||
4 | discovery of the offense by the victim.
| ||||||
5 | (f) A prosecution for any offense set forth in Section 44
| ||||||
6 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
7 | as amended,
may be commenced within 5 years after the discovery | ||||||
8 | of such
an offense by a person or agency having the legal duty | ||||||
9 | to report the
offense or in the absence of such discovery, | ||||||
10 | within 5 years
after the proper prosecuting officer becomes | ||||||
11 | aware of the offense.
| ||||||
12 | (f-5) A prosecution for any offense set forth in Section | ||||||
13 | 16G-15 or 16G-20 of this Code may be commenced within 5 years | ||||||
14 | after the discovery of the offense by the victim of that | ||||||
15 | offense.
| ||||||
16 | (g) (Blank).
| ||||||
17 | (h) (Blank).
| ||||||
18 | (i) Except as otherwise provided in subdivision (j), a | ||||||
19 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
20 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
21 | commenced within 10
years of the commission of the offense if | ||||||
22 | the victim reported the offense to
law enforcement authorities | ||||||
23 | within 3 years after the commission of the offense.
| ||||||
24 | Nothing in this subdivision (i) shall be construed to
| ||||||
25 | shorten a period within which a prosecution must be commenced | ||||||
26 | under any other
provision of this Section.
|
| |||||||
| |||||||
1 | (j) When the victim is under 18 years of age at the time of | ||||||
2 | the offense, a
prosecution
for criminal sexual assault, | ||||||
3 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
4 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
5 | criminal sexual abuse, or a
prosecution for failure of a person | ||||||
6 | who is required to report an alleged
or suspected commission of | ||||||
7 | any of these offenses under the Abused and Neglected
Child | ||||||
8 | Reporting Act may be
commenced within 20 years after the child | ||||||
9 | victim attains 18
years of age. When the victim is under 18 | ||||||
10 | years of age at the time of the offense, a
prosecution
for | ||||||
11 | misdemeanor criminal sexual abuse may be
commenced within 10 | ||||||
12 | years after the child victim attains 18
years of age.
| ||||||
13 | Nothing in this subdivision (j) shall be construed to
| ||||||
14 | shorten a period within which a prosecution must be commenced | ||||||
15 | under any other
provision of this Section.
| ||||||
16 | (k) A prosecution for theft involving real property | ||||||
17 | exceeding $100,000 in value under Section 16-1, identity theft | ||||||
18 | under Section 16G-15, aggravated identity theft under Section | ||||||
19 | 16G-20, or any offense set forth in Article 16H or Section | ||||||
20 | 17-10.6 may be commenced within 7 years of the last act | ||||||
21 | committed in furtherance of the crime.
| ||||||
22 | (Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
| ||||||
23 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||||
24 | Sec. 16-1. Theft.
| ||||||
25 | (a) A person commits theft when he knowingly:
|
| |||||||
| |||||||
1 | (1) Obtains or exerts unauthorized control over | ||||||
2 | property of the
owner; or
| ||||||
3 | (2) Obtains by deception control over property of the | ||||||
4 | owner; or
| ||||||
5 | (3) Obtains by threat control over property of the | ||||||
6 | owner; or
| ||||||
7 | (4) Obtains control over stolen property knowing the | ||||||
8 | property to
have been stolen or under such circumstances as | ||||||
9 | would
reasonably induce him to believe that the property | ||||||
10 | was stolen; or
| ||||||
11 | (5) Obtains or exerts control over property in the | ||||||
12 | custody of any law
enforcement agency which is explicitly | ||||||
13 | represented to him by any law
enforcement officer or any | ||||||
14 | individual acting in behalf of a law enforcement
agency as | ||||||
15 | being stolen, and
| ||||||
16 | (A) Intends to deprive the owner permanently of the | ||||||
17 | use or
benefit of the property; or
| ||||||
18 | (B) Knowingly uses, conceals or abandons the | ||||||
19 | property in such
manner as to deprive the owner | ||||||
20 | permanently of such use or benefit; or
| ||||||
21 | (C) Uses, conceals, or abandons the property | ||||||
22 | knowing such use,
concealment or abandonment probably | ||||||
23 | will deprive the owner permanently
of such use or | ||||||
24 | benefit.
| ||||||
25 | (b) Sentence.
| ||||||
26 | (1) Theft of property not from the person and
not |
| |||||||
| |||||||
1 | exceeding $300 in value is a Class A misdemeanor.
| ||||||
2 | (1.1) Theft of property not from the person and
not | ||||||
3 | exceeding $300 in value is a Class 4 felony if the theft | ||||||
4 | was committed in a
school or place of worship or if the | ||||||
5 | theft was of governmental property.
| ||||||
6 | (2) A person who has been convicted of theft of | ||||||
7 | property not from the
person and not exceeding
$300 in | ||||||
8 | value who has been
previously convicted of any type of | ||||||
9 | theft, robbery, armed robbery,
burglary, residential | ||||||
10 | burglary, possession of burglary tools, home
invasion, | ||||||
11 | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
12 | 4-103.3
of the Illinois Vehicle Code relating to the | ||||||
13 | possession of a stolen or
converted motor vehicle, or a | ||||||
14 | violation of Section 17-36 of the Criminal Code of 1961 or | ||||||
15 | Section 8 of the Illinois Credit
Card and Debit Card Act is | ||||||
16 | guilty of a Class 4 felony. When a person has any
such | ||||||
17 | prior
conviction, the information or indictment charging | ||||||
18 | that person shall state
such prior conviction so as to give | ||||||
19 | notice of the State's intention to
treat the charge as a | ||||||
20 | felony. The fact of such prior conviction is not an
element | ||||||
21 | of the offense and may not be disclosed to the jury during | ||||||
22 | trial
unless otherwise permitted by issues properly raised | ||||||
23 | during such trial.
| ||||||
24 | (3) (Blank).
| ||||||
25 | (4) Theft of property from the person not exceeding | ||||||
26 | $300 in value, or
theft of
property exceeding $300 and not |
| |||||||
| |||||||
1 | exceeding $10,000 in value, is a
Class 3 felony.
| ||||||
2 | (4.1) Theft of property from the person not exceeding | ||||||
3 | $300 in value, or
theft of property exceeding $300 and not | ||||||
4 | exceeding $10,000 in value, is a Class
2 felony if the | ||||||
5 | theft was committed in a school or place of worship or if | ||||||
6 | the theft was of governmental property.
| ||||||
7 | (5) Theft of property exceeding $10,000 and not | ||||||
8 | exceeding
$100,000 in value is a Class 2 felony.
| ||||||
9 | (5.1) Theft of property exceeding $10,000 and not | ||||||
10 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
11 | theft was committed in a school or place of worship or if | ||||||
12 | the theft was of governmental property.
| ||||||
13 | (6) Theft of property exceeding $100,000 and not | ||||||
14 | exceeding $500,000 in
value is a Class 1 felony.
| ||||||
15 | (6.1) Theft of property exceeding $100,000 in value is | ||||||
16 | a Class X felony
if the theft was committed in a school or | ||||||
17 | place of worship or if the theft was of governmental | ||||||
18 | property.
| ||||||
19 | (6.2) Theft of property exceeding $500,000 and not | ||||||
20 | exceeding $1,000,000 in value is a Class 1
| ||||||
21 | non-probationable
felony.
| ||||||
22 | (6.3) Theft of property exceeding $1,000,000 in value | ||||||
23 | is a Class X felony.
| ||||||
24 | (7) Theft by deception, as described by paragraph (2) | ||||||
25 | of
subsection (a) of
this Section, in which the offender | ||||||
26 | obtained money or property valued at
$5,000 or more from a |
| |||||||
| |||||||
1 | victim 60 years of age or older is a Class 2 felony.
| ||||||
2 | (8) Theft by deception, as described by paragraph (2) | ||||||
3 | of
subsection (a) of
this Section, in which the offender | ||||||
4 | falsely poses as a landlord or agent or employee of the | ||||||
5 | landlord and obtains a rent payment or a security deposit | ||||||
6 | from a tenant is a Class 3 felony if the rent payment or | ||||||
7 | security deposit obtained does not exceed $300. | ||||||
8 | (9) Theft by deception, as described by paragraph (2) | ||||||
9 | of
subsection (a) of
this Section, in which the offender | ||||||
10 | falsely poses as a landlord or agent or employee of the | ||||||
11 | landlord and obtains a rent payment or a security deposit | ||||||
12 | from a tenant is a Class 2 felony if the rent payment or | ||||||
13 | security deposit obtained exceeds $300 and does not exceed | ||||||
14 | $10,000. | ||||||
15 | (10) Theft by deception, as described by paragraph (2) | ||||||
16 | of
subsection (a) of
this Section, in which the offender | ||||||
17 | falsely poses as a landlord or agent or employee of the | ||||||
18 | landlord and obtains a rent payment or a security deposit | ||||||
19 | from a tenant is a Class 1 felony if the rent payment or | ||||||
20 | security deposit obtained exceeds $10,000 and does not | ||||||
21 | exceed $100,000. | ||||||
22 | (11) Theft by deception, as described by paragraph (2) | ||||||
23 | of
subsection (a) of
this Section, in which the offender | ||||||
24 | falsely poses as a landlord or agent or employee of the | ||||||
25 | landlord and obtains a rent payment or a security deposit | ||||||
26 | from a tenant is a Class X felony if the rent payment or |
| |||||||
| |||||||
1 | security deposit obtained exceeds $100,000. | ||||||
2 | (c) When a charge of theft of property exceeding a | ||||||
3 | specified value
is brought, the value of the property involved | ||||||
4 | is an element of the offense
to be resolved by the trier of | ||||||
5 | fact as either exceeding or not exceeding
the specified value.
| ||||||
6 | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||||||
7 | revised 10-9-09.)
| ||||||
8 | Section 10-145. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by changing Sections 111-4 and 115-10.3 as follows:
| ||||||
10 | (725 ILCS 5/111-4) (from Ch. 38, par. 111-4)
| ||||||
11 | Sec. 111-4. Joinder of offenses and defendants.
| ||||||
12 | (a) Two or more offenses may be charged in the same | ||||||
13 | indictment,
information or complaint in a separate count for | ||||||
14 | each offense if the
offenses charged, whether felonies or | ||||||
15 | misdemeanors or both, are based on
the same act or on 2 or more | ||||||
16 | acts which are part of the same comprehensive
transaction.
| ||||||
17 | (b) Two or more defendants may be charged in the same | ||||||
18 | indictment,
information or complaint if they are alleged to | ||||||
19 | have participated in the
same act or in the same comprehensive | ||||||
20 | transaction out of which the offense
or offenses arose. Such | ||||||
21 | defendants may be charged in one or more counts
together or | ||||||
22 | separately and all of the defendants need not be charged in
| ||||||
23 | each count.
| ||||||
24 | (c) Two or more acts or transactions in violation of any |
| |||||||
| |||||||
1 | provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | ||||||
2 | 8A-5 of the Illinois
Public Aid Code, Sections 16-1, 16-2, | ||||||
3 | 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3,
16B-2, 16C-2, 17-1, 17-3, | ||||||
4 | 17-6, 17-30, or 17-60, or item (ii) of subsection (a) or (b) of | ||||||
5 | Section 17-9, or subdivision (a)(2) of Section 17-10.5, 17-7, | ||||||
6 | 17-8, 17-9 or 17-10 of the Criminal Code of
1961 and Section | ||||||
7 | 118 of Division I of the Criminal Jurisprudence Act, may
be | ||||||
8 | charged as a single offense in a single count of the same | ||||||
9 | indictment,
information or complaint, if such acts or | ||||||
10 | transactions by one or more
defendants are in furtherance of a | ||||||
11 | single intention and design or if the
property, labor or | ||||||
12 | services obtained are of the same person or are of
several | ||||||
13 | persons having a common interest in such property, labor or
| ||||||
14 | services. In such a charge, the period between the dates of the | ||||||
15 | first and
the final such acts or transactions may be alleged as | ||||||
16 | the date of the
offense and, if any such act or transaction by | ||||||
17 | any defendant was committed
in the county where the prosecution | ||||||
18 | was commenced, such county may be
alleged as the county of the | ||||||
19 | offense.
| ||||||
20 | (Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09.)
| ||||||
21 | (725 ILCS 5/115-10.3)
| ||||||
22 | Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||||||
23 | (a) In a prosecution for a physical act, abuse, neglect, or | ||||||
24 | financial
exploitation
perpetrated upon or against an eligible | ||||||
25 | adult, as defined in
the Elder Abuse
and Neglect
Act, who has |
| |||||||
| |||||||
1 | been diagnosed by a physician to suffer from (i) any form of
| ||||||
2 | dementia, developmental disability, or other form of mental | ||||||
3 | incapacity or (ii)
any physical infirmity, including but not | ||||||
4 | limited to
prosecutions for violations of Sections 10-1, 10-2, | ||||||
5 | 10-3, 10-3.1, 10-4, 11-11,
12-1, 12-2, 12-3, 12-3.2, 12-4, | ||||||
6 | 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, | ||||||
7 | 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
| ||||||
8 | 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, | ||||||
9 | 20-1.1,
24-1.2, and 33A-2 of the
Criminal Code of 1961, the | ||||||
10 | following evidence shall be admitted
as an exception to the | ||||||
11 | hearsay rule:
| ||||||
12 | (1) testimony by an eligible adult, of an out of court | ||||||
13 | statement made by
the eligible adult, that he or she | ||||||
14 | complained of such act to another; and
| ||||||
15 | (2) testimony of an out of court statement made by the
| ||||||
16 | eligible adult,
describing any complaint of such act or | ||||||
17 | matter or detail pertaining to any act
which is an element | ||||||
18 | of an offense which is the subject of a prosecution for
a | ||||||
19 | physical act, abuse, neglect, or financial exploitation | ||||||
20 | perpetrated
upon or
against the eligible adult.
| ||||||
21 | (b) Such testimony shall only be admitted if:
| ||||||
22 | (1) The court finds in a hearing conducted outside the | ||||||
23 | presence of the
jury that the time, content, and | ||||||
24 | circumstances of the statement provide
sufficient | ||||||
25 | safeguards of reliability; and
| ||||||
26 | (2) The eligible adult either:
|
| |||||||
| |||||||
1 | (A) testifies at the proceeding; or
| ||||||
2 | (B) is unavailable as a witness and there is | ||||||
3 | corroborative evidence of
the act which is the subject | ||||||
4 | of the statement.
| ||||||
5 | (c) If a statement is admitted pursuant to this Section, | ||||||
6 | the court shall
instruct the jury that it is for the jury to | ||||||
7 | determine the weight and
credibility to be given the statement | ||||||
8 | and that, in making the determination, it
shall consider the | ||||||
9 | condition of the eligible adult, the nature of
the
statement, | ||||||
10 | the circumstances under which the statement was made, and any | ||||||
11 | other
relevant factor.
| ||||||
12 | (d) The proponent of the statement shall give the adverse | ||||||
13 | party reasonable
notice of his or her intention to offer the | ||||||
14 | statement and the particulars of
the statement.
| ||||||
15 | (Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
| ||||||
16 | Section 10-150. The Unified Code of Corrections is amended | ||||||
17 | by changing Sections 5-5-3, 5-8-4, and 5-9-1.3 as follows:
| ||||||
18 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
19 | Sec. 5-5-3. Disposition.
| ||||||
20 | (a) (Blank).
| ||||||
21 | (b) (Blank).
| ||||||
22 | (c) (1) (Blank).
| ||||||
23 | (2) A period of probation, a term of periodic | ||||||
24 | imprisonment or
conditional discharge shall not be imposed |
| |||||||
| |||||||
1 | for the following offenses.
The court shall sentence the | ||||||
2 | offender to not less than the minimum term
of imprisonment | ||||||
3 | set forth in this Code for the following offenses, and
may | ||||||
4 | order a fine or restitution or both in conjunction with | ||||||
5 | such term of
imprisonment:
| ||||||
6 | (A) First degree murder where the death penalty is | ||||||
7 | not imposed.
| ||||||
8 | (B) Attempted first degree murder.
| ||||||
9 | (C) A Class X felony.
| ||||||
10 | (D) A violation of Section 401.1 or 407 of the
| ||||||
11 | Illinois Controlled Substances Act, or a violation of | ||||||
12 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
13 | of that Act which relates to more than 5 grams of a | ||||||
14 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
15 | analog thereof.
| ||||||
16 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
17 | Control
Act.
| ||||||
18 | (F) A Class 2 or greater felony if the offender had | ||||||
19 | been convicted
of a Class 2 or greater felony, | ||||||
20 | including any state or federal conviction for an | ||||||
21 | offense that contained, at the time it was committed, | ||||||
22 | the same elements as an offense now (the date of the | ||||||
23 | offense committed after the prior Class 2 or greater | ||||||
24 | felony) classified as a Class 2 or greater felony, | ||||||
25 | within 10 years of the date on which the
offender
| ||||||
26 | committed the offense for which he or she is being |
| |||||||
| |||||||
1 | sentenced, except as
otherwise provided in Section | ||||||
2 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
3 | Dependency Act.
| ||||||
4 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
5 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
6 | imprisonment is prescribed in those Sections.
| ||||||
7 | (G) Residential burglary, except as otherwise | ||||||
8 | provided in Section 40-10
of the Alcoholism and Other | ||||||
9 | Drug Abuse and Dependency Act.
| ||||||
10 | (H) Criminal sexual assault.
| ||||||
11 | (I) Aggravated battery of a senior citizen.
| ||||||
12 | (J) A forcible felony if the offense was related to | ||||||
13 | the activities of an
organized gang.
| ||||||
14 | Before July 1, 1994, for the purposes of this | ||||||
15 | paragraph, "organized
gang" means an association of 5 | ||||||
16 | or more persons, with an established hierarchy,
that | ||||||
17 | encourages members of the association to perpetrate | ||||||
18 | crimes or provides
support to the members of the | ||||||
19 | association who do commit crimes.
| ||||||
20 | Beginning July 1, 1994, for the purposes of this | ||||||
21 | paragraph,
"organized gang" has the meaning ascribed | ||||||
22 | to it in Section 10 of the Illinois
Streetgang | ||||||
23 | Terrorism Omnibus Prevention Act.
| ||||||
24 | (K) Vehicular hijacking.
| ||||||
25 | (L) A second or subsequent conviction for the | ||||||
26 | offense of hate crime
when the underlying offense upon |
| |||||||
| |||||||
1 | which the hate crime is based is felony
aggravated
| ||||||
2 | assault or felony mob action.
| ||||||
3 | (M) A second or subsequent conviction for the | ||||||
4 | offense of institutional
vandalism if the damage to the | ||||||
5 | property exceeds $300.
| ||||||
6 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
7 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
8 | Identification Card Act.
| ||||||
9 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
10 | Code of 1961.
| ||||||
11 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
12 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
13 | Criminal Code of 1961.
| ||||||
14 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
15 | Criminal Code of
1961.
| ||||||
16 | (R) A violation of Section 24-3A of the Criminal | ||||||
17 | Code of
1961.
| ||||||
18 | (S) (Blank).
| ||||||
19 | (T) A second or subsequent violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act.
| ||||||
21 | (U) A second or subsequent violation of Section | ||||||
22 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
23 | or her driver's license, permit, or privilege was | ||||||
24 | revoked because of a violation of Section 9-3 of the | ||||||
25 | Criminal Code of 1961, relating to the offense of | ||||||
26 | reckless homicide, or a similar provision of a law of |
| |||||||
| |||||||
1 | another state.
| ||||||
2 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
3 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
4 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
5 | Code of 1961.
| ||||||
6 | (X) A violation of subsection (a) of Section 31-1a | ||||||
7 | of the Criminal Code of 1961. | ||||||
8 | (Y) A conviction for unlawful possession of a | ||||||
9 | firearm by a street gang member when the firearm was | ||||||
10 | loaded or contained firearm ammunition.
| ||||||
11 | (3) (Blank).
| ||||||
12 | (4) A minimum term of imprisonment of not less than 10
| ||||||
13 | consecutive days or 30 days of community service shall be | ||||||
14 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
15 | of the Illinois Vehicle Code.
| ||||||
16 | (4.1) (Blank).
| ||||||
17 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
18 | of this subsection (c), a
minimum of
100 hours of community | ||||||
19 | service shall be imposed for a second violation of
Section | ||||||
20 | 6-303
of the Illinois Vehicle Code.
| ||||||
21 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
22 | hours of community
service, as determined by the court, | ||||||
23 | shall
be imposed for a second violation of subsection (c) | ||||||
24 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
25 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
26 | and (4.9) of this
subsection (c), a
minimum term of |
| |||||||
| |||||||
1 | imprisonment of 30 days or 300 hours of community service, | ||||||
2 | as
determined by the court, shall
be imposed
for a third or | ||||||
3 | subsequent violation of Section 6-303 of the Illinois | ||||||
4 | Vehicle
Code.
| ||||||
5 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
6 | be imposed for a third violation of subsection (c) of
| ||||||
7 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
8 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
9 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
10 | shall be imposed for a
fourth or subsequent violation of | ||||||
11 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
12 | Code.
| ||||||
13 | (4.7) A minimum term of imprisonment of not less than | ||||||
14 | 30 consecutive days, or 300 hours of community service, | ||||||
15 | shall be imposed for a violation of subsection (a-5) of | ||||||
16 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
17 | subsection (b-5) of that Section.
| ||||||
18 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
19 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
20 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
21 | of that Section. The person's driving privileges shall be | ||||||
22 | revoked for a period of not less than 5 years from the date | ||||||
23 | of his or her release from prison.
| ||||||
24 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
25 | and not more than 15 years shall be imposed for a third | ||||||
26 | violation of subsection (a-5) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
2 | that Section. The person's driving privileges shall be | ||||||
3 | revoked for the remainder of his or her life.
| ||||||
4 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
5 | shall be imposed, and the person shall be eligible for an | ||||||
6 | extended term sentence, for a fourth or subsequent | ||||||
7 | violation of subsection (a-5) of Section 6-303 of the | ||||||
8 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
9 | that Section. The person's driving privileges shall be | ||||||
10 | revoked for the remainder of his or her life.
| ||||||
11 | (5) The court may sentence a corporation or | ||||||
12 | unincorporated
association convicted of any offense to:
| ||||||
13 | (A) a period of conditional discharge;
| ||||||
14 | (B) a fine;
| ||||||
15 | (C) make restitution to the victim under Section | ||||||
16 | 5-5-6 of this Code.
| ||||||
17 | (5.1) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
19 | convicted of violating subsection (c) of Section 11-907 of | ||||||
20 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
21 | license, permit, or privileges
suspended for at least 90 | ||||||
22 | days but not more than one year, if the violation
resulted | ||||||
23 | in damage to the property of another person.
| ||||||
24 | (5.2) In addition to any other penalties imposed, and | ||||||
25 | except as provided in paragraph (5.3), a person convicted
| ||||||
26 | of violating subsection (c) of Section 11-907 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code
shall have his or her driver's | ||||||
2 | license, permit, or privileges suspended for at
least 180 | ||||||
3 | days but not more than 2 years, if the violation resulted | ||||||
4 | in injury
to
another person.
| ||||||
5 | (5.3) In addition to any other penalties imposed, a | ||||||
6 | person convicted of violating subsection (c) of Section
| ||||||
7 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
8 | driver's license,
permit, or privileges suspended for 2 | ||||||
9 | years, if the violation resulted in the
death of another | ||||||
10 | person.
| ||||||
11 | (5.4) In addition to any other penalties imposed, a | ||||||
12 | person convicted of violating Section 3-707 of the Illinois | ||||||
13 | Vehicle Code shall have his or her driver's license, | ||||||
14 | permit, or privileges suspended for 3 months and until he | ||||||
15 | or she has paid a reinstatement fee of $100. | ||||||
16 | (5.5) In addition to any other penalties imposed, a | ||||||
17 | person convicted of violating Section 3-707 of the Illinois | ||||||
18 | Vehicle Code during a period in which his or her driver's | ||||||
19 | license, permit, or privileges were suspended for a | ||||||
20 | previous violation of that Section shall have his or her | ||||||
21 | driver's license, permit, or privileges suspended for an | ||||||
22 | additional 6 months after the expiration of the original | ||||||
23 | 3-month suspension and until he or she has paid a | ||||||
24 | reinstatement fee of $100.
| ||||||
25 | (6) (Blank).
| ||||||
26 | (7) (Blank).
|
| |||||||
| |||||||
1 | (8) (Blank).
| ||||||
2 | (9) A defendant convicted of a second or subsequent | ||||||
3 | offense of ritualized
abuse of a child may be sentenced to | ||||||
4 | a term of natural life imprisonment.
| ||||||
5 | (10) (Blank).
| ||||||
6 | (11) The court shall impose a minimum fine of $1,000 | ||||||
7 | for a first offense
and $2,000 for a second or subsequent | ||||||
8 | offense upon a person convicted of or
placed on supervision | ||||||
9 | for battery when the individual harmed was a sports
| ||||||
10 | official or coach at any level of competition and the act | ||||||
11 | causing harm to the
sports
official or coach occurred | ||||||
12 | within an athletic facility or within the immediate | ||||||
13 | vicinity
of the athletic facility at which the sports | ||||||
14 | official or coach was an active
participant
of the athletic | ||||||
15 | contest held at the athletic facility. For the purposes of
| ||||||
16 | this paragraph (11), "sports official" means a person at an | ||||||
17 | athletic contest
who enforces the rules of the contest, | ||||||
18 | such as an umpire or referee; "athletic facility" means an | ||||||
19 | indoor or outdoor playing field or recreational area where | ||||||
20 | sports activities are conducted;
and "coach" means a person | ||||||
21 | recognized as a coach by the sanctioning
authority that | ||||||
22 | conducted the sporting event. | ||||||
23 | (12) A person may not receive a disposition of court | ||||||
24 | supervision for a
violation of Section 5-16 of the Boat | ||||||
25 | Registration and Safety Act if that
person has previously | ||||||
26 | received a disposition of court supervision for a
violation |
| |||||||
| |||||||
1 | of that Section.
| ||||||
2 | (13) A person convicted of or placed on court | ||||||
3 | supervision for an assault or aggravated assault when the | ||||||
4 | victim and the offender are family or household members as | ||||||
5 | defined in Section 103 of the Illinois Domestic Violence | ||||||
6 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
7 | domestic battery may be required to attend a Partner Abuse | ||||||
8 | Intervention Program under protocols set forth by the | ||||||
9 | Illinois Department of Human Services under such terms and | ||||||
10 | conditions imposed by the court. The costs of such classes | ||||||
11 | shall be paid by the offender.
| ||||||
12 | (d) In any case in which a sentence originally imposed is | ||||||
13 | vacated,
the case shall be remanded to the trial court. The | ||||||
14 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
15 | Unified Code of Corrections
which may include evidence of the | ||||||
16 | defendant's life, moral character and
occupation during the | ||||||
17 | time since the original sentence was passed. The
trial court | ||||||
18 | shall then impose sentence upon the defendant. The trial
court | ||||||
19 | may impose any sentence which could have been imposed at the
| ||||||
20 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
21 | Corrections.
If a sentence is vacated on appeal or on | ||||||
22 | collateral attack due to the
failure of the trier of fact at | ||||||
23 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
24 | fact (other than a prior conviction) necessary to increase the
| ||||||
25 | punishment for the offense beyond the statutory maximum | ||||||
26 | otherwise applicable,
either the defendant may be re-sentenced |
| |||||||
| |||||||
1 | to a term within the range otherwise
provided or, if the State | ||||||
2 | files notice of its intention to again seek the
extended | ||||||
3 | sentence, the defendant shall be afforded a new trial.
| ||||||
4 | (e) In cases where prosecution for
aggravated criminal | ||||||
5 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
6 | results in conviction of a defendant
who was a family member of | ||||||
7 | the victim at the time of the commission of the
offense, the | ||||||
8 | court shall consider the safety and welfare of the victim and
| ||||||
9 | may impose a sentence of probation only where:
| ||||||
10 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
11 | (A) the defendant is willing to undergo a court | ||||||
12 | approved counseling
program for a minimum duration of 2 | ||||||
13 | years; or
| ||||||
14 | (B) the defendant is willing to participate in a | ||||||
15 | court approved plan
including but not limited to the | ||||||
16 | defendant's:
| ||||||
17 | (i) removal from the household;
| ||||||
18 | (ii) restricted contact with the victim;
| ||||||
19 | (iii) continued financial support of the | ||||||
20 | family;
| ||||||
21 | (iv) restitution for harm done to the victim; | ||||||
22 | and
| ||||||
23 | (v) compliance with any other measures that | ||||||
24 | the court may
deem appropriate; and
| ||||||
25 | (2) the court orders the defendant to pay for the | ||||||
26 | victim's counseling
services, to the extent that the court |
| |||||||
| |||||||
1 | finds, after considering the
defendant's income and | ||||||
2 | assets, that the defendant is financially capable of
paying | ||||||
3 | for such services, if the victim was under 18 years of age | ||||||
4 | at the
time the offense was committed and requires | ||||||
5 | counseling as a result of the
offense.
| ||||||
6 | Probation may be revoked or modified pursuant to Section | ||||||
7 | 5-6-4; except
where the court determines at the hearing that | ||||||
8 | the defendant violated a
condition of his or her probation | ||||||
9 | restricting contact with the victim or
other family members or | ||||||
10 | commits another offense with the victim or other
family | ||||||
11 | members, the court shall revoke the defendant's probation and
| ||||||
12 | impose a term of imprisonment.
| ||||||
13 | For the purposes of this Section, "family member" and | ||||||
14 | "victim" shall have
the meanings ascribed to them in Section | ||||||
15 | 12-12 of the Criminal Code of
1961.
| ||||||
16 | (f) (Blank).
| ||||||
17 | (g) Whenever a defendant is convicted of an offense under | ||||||
18 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
19 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
20 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
21 | medical testing to
determine whether the defendant has any | ||||||
22 | sexually transmissible disease,
including a test for infection | ||||||
23 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
24 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
25 | Any such medical test shall be performed only by appropriately
| ||||||
26 | licensed medical practitioners and may include an analysis of |
| |||||||
| |||||||
1 | any bodily
fluids as well as an examination of the defendant's | ||||||
2 | person.
Except as otherwise provided by law, the results of | ||||||
3 | such test shall be kept
strictly confidential by all medical | ||||||
4 | personnel involved in the testing and must
be personally | ||||||
5 | delivered in a sealed envelope to the judge of the court in | ||||||
6 | which
the conviction was entered for the judge's inspection in | ||||||
7 | camera. Acting in
accordance with the best interests of the | ||||||
8 | victim and the public, the judge
shall have the discretion to | ||||||
9 | determine to whom, if anyone, the results of the
testing may be | ||||||
10 | revealed. The court shall notify the defendant
of the test | ||||||
11 | results. The court shall
also notify the victim if requested by | ||||||
12 | the victim, and if the victim is under
the age of 15 and if | ||||||
13 | requested by the victim's parents or legal guardian, the
court | ||||||
14 | shall notify the victim's parents or legal guardian of the test
| ||||||
15 | results.
The court shall provide information on the | ||||||
16 | availability of HIV testing
and counseling at Department of | ||||||
17 | Public Health facilities to all parties to
whom the results of | ||||||
18 | the testing are revealed and shall direct the State's
Attorney | ||||||
19 | to provide the information to the victim when possible.
A | ||||||
20 | State's Attorney may petition the court to obtain the results | ||||||
21 | of any HIV test
administered under this Section, and the court | ||||||
22 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
23 | relevant in order to prosecute a charge of
criminal | ||||||
24 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
25 | of 1961
against the defendant. The court shall order that the | ||||||
26 | cost of any such test
shall be paid by the county and may be |
| |||||||
| |||||||
1 | taxed as costs against the convicted
defendant.
| ||||||
2 | (g-5) When an inmate is tested for an airborne communicable | ||||||
3 | disease, as
determined by the Illinois Department of Public | ||||||
4 | Health including but not
limited to tuberculosis, the results | ||||||
5 | of the test shall be
personally delivered by the warden or his | ||||||
6 | or her designee in a sealed envelope
to the judge of the court | ||||||
7 | in which the inmate must appear for the judge's
inspection in | ||||||
8 | camera if requested by the judge. Acting in accordance with the
| ||||||
9 | best interests of those in the courtroom, the judge shall have | ||||||
10 | the discretion
to determine what if any precautions need to be | ||||||
11 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
12 | (h) Whenever a defendant is convicted of an offense under | ||||||
13 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
14 | defendant shall undergo
medical testing to determine whether | ||||||
15 | the defendant has been exposed to human
immunodeficiency virus | ||||||
16 | (HIV) or any other identified causative agent of
acquired | ||||||
17 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
18 | by
law, the results of such test shall be kept strictly | ||||||
19 | confidential by all
medical personnel involved in the testing | ||||||
20 | and must be personally delivered in a
sealed envelope to the | ||||||
21 | judge of the court in which the conviction was entered
for the | ||||||
22 | judge's inspection in camera. Acting in accordance with the | ||||||
23 | best
interests of the public, the judge shall have the | ||||||
24 | discretion to determine to
whom, if anyone, the results of the | ||||||
25 | testing may be revealed. The court shall
notify the defendant | ||||||
26 | of a positive test showing an infection with the human
|
| |||||||
| |||||||
1 | immunodeficiency virus (HIV). The court shall provide | ||||||
2 | information on the
availability of HIV testing and counseling | ||||||
3 | at Department of Public Health
facilities to all parties to | ||||||
4 | whom the results of the testing are revealed and
shall direct | ||||||
5 | the State's Attorney to provide the information to the victim | ||||||
6 | when
possible. A State's Attorney may petition the court to | ||||||
7 | obtain the results of
any HIV test administered under this | ||||||
8 | Section, and the court shall grant the
disclosure if the | ||||||
9 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
10 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
11 | the Criminal
Code of 1961 against the defendant. The court | ||||||
12 | shall order that the cost of any
such test shall be paid by the | ||||||
13 | county and may be taxed as costs against the
convicted | ||||||
14 | defendant.
| ||||||
15 | (i) All fines and penalties imposed under this Section for | ||||||
16 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
17 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
18 | any violation
of the Child Passenger Protection Act, or a | ||||||
19 | similar provision of a local
ordinance, shall be collected and | ||||||
20 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
21 | of the Clerks of Courts Act.
| ||||||
22 | (j) In cases when prosecution for any violation of Section | ||||||
23 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
24 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
25 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
26 | Code of 1961, any violation of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
2 | any violation of the Methamphetamine Control and Community | ||||||
3 | Protection Act results in conviction, a
disposition of court | ||||||
4 | supervision, or an order of probation granted under
Section 10 | ||||||
5 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
6 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
7 | Control and Community Protection Act of a defendant, the court | ||||||
8 | shall determine whether the
defendant is employed by a facility | ||||||
9 | or center as defined under the Child Care
Act of 1969, a public | ||||||
10 | or private elementary or secondary school, or otherwise
works | ||||||
11 | with children under 18 years of age on a daily basis. When a | ||||||
12 | defendant
is so employed, the court shall order the Clerk of | ||||||
13 | the Court to send a copy of
the judgment of conviction or order | ||||||
14 | of supervision or probation to the
defendant's employer by | ||||||
15 | certified mail.
If the employer of the defendant is a school, | ||||||
16 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
17 | the judgment of conviction or order of
supervision or probation | ||||||
18 | to the appropriate regional superintendent of schools.
The | ||||||
19 | regional superintendent of schools shall notify the State Board | ||||||
20 | of
Education of any notification under this subsection.
| ||||||
21 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
22 | of a felony and
who has not been previously convicted of a | ||||||
23 | misdemeanor or felony and who is
sentenced to a term of | ||||||
24 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
25 | a condition of his or her sentence be required by the court to | ||||||
26 | attend
educational courses designed to prepare the defendant |
| |||||||
| |||||||
1 | for a high school diploma
and to work toward a high school | ||||||
2 | diploma or to work toward passing the high
school level Test of | ||||||
3 | General Educational Development (GED) or to work toward
| ||||||
4 | completing a vocational training program offered by the | ||||||
5 | Department of
Corrections. If a defendant fails to complete the | ||||||
6 | educational training
required by his or her sentence during the | ||||||
7 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
8 | condition of mandatory supervised release, require the
| ||||||
9 | defendant, at his or her own expense, to pursue a course of | ||||||
10 | study toward a high
school diploma or passage of the GED test. | ||||||
11 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
12 | release of a defendant who wilfully fails to
comply with this | ||||||
13 | subsection (j-5) upon his or her release from confinement in a
| ||||||
14 | penal institution while serving a mandatory supervised release | ||||||
15 | term; however,
the inability of the defendant after making a | ||||||
16 | good faith effort to obtain
financial aid or pay for the | ||||||
17 | educational training shall not be deemed a wilful
failure to | ||||||
18 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
19 | whose mandatory supervised release term has been revoked under | ||||||
20 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
21 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
22 | school diploma or has successfully passed the GED
test. This | ||||||
23 | subsection (j-5) does not apply to a defendant who is | ||||||
24 | determined by
the court to be developmentally disabled or | ||||||
25 | otherwise mentally incapable of
completing the educational or | ||||||
26 | vocational program.
|
| |||||||
| |||||||
1 | (k) (Blank).
| ||||||
2 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
3 | (l), whenever a defendant,
who is an alien as defined by | ||||||
4 | the Immigration and Nationality Act, is convicted
of any | ||||||
5 | felony or misdemeanor offense, the court after sentencing | ||||||
6 | the defendant
may, upon motion of the State's Attorney, | ||||||
7 | hold sentence in abeyance and remand
the defendant to the | ||||||
8 | custody of the Attorney General of
the United States or his | ||||||
9 | or her designated agent to be deported when:
| ||||||
10 | (1) a final order of deportation has been issued | ||||||
11 | against the defendant
pursuant to proceedings under | ||||||
12 | the Immigration and Nationality Act, and
| ||||||
13 | (2) the deportation of the defendant would not | ||||||
14 | deprecate the seriousness
of the defendant's conduct | ||||||
15 | and would not be inconsistent with the ends of
justice.
| ||||||
16 | Otherwise, the defendant shall be sentenced as | ||||||
17 | provided in this Chapter V.
| ||||||
18 | (B) If the defendant has already been sentenced for a | ||||||
19 | felony or
misdemeanor
offense, or has been placed on | ||||||
20 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
21 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
22 | Section 70 of the Methamphetamine Control and Community | ||||||
23 | Protection Act, the court
may, upon motion of the State's | ||||||
24 | Attorney to suspend the
sentence imposed, commit the | ||||||
25 | defendant to the custody of the Attorney General
of the | ||||||
26 | United States or his or her designated agent when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under | ||||||
3 | the Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct | ||||||
6 | and would not be inconsistent with the ends of
justice.
| ||||||
7 | (C) This subsection (l) does not apply to offenders who | ||||||
8 | are subject to the
provisions of paragraph (2) of | ||||||
9 | subsection (a) of Section 3-6-3.
| ||||||
10 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
11 | sentenced under
this Section returns to the jurisdiction of | ||||||
12 | the United States, the defendant
shall be recommitted to | ||||||
13 | the custody of the county from which he or she was
| ||||||
14 | sentenced.
Thereafter, the defendant shall be brought | ||||||
15 | before the sentencing court, which
may impose any sentence | ||||||
16 | that was available under Section 5-5-3 at the time of
| ||||||
17 | initial sentencing. In addition, the defendant shall not be | ||||||
18 | eligible for
additional good conduct credit for | ||||||
19 | meritorious service as provided under
Section 3-6-6.
| ||||||
20 | (m) A person convicted of criminal defacement of property | ||||||
21 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
22 | property damage exceeds $300
and the property damaged is a | ||||||
23 | school building, shall be ordered to perform
community service | ||||||
24 | that may include cleanup, removal, or painting over the
| ||||||
25 | defacement.
| ||||||
26 | (n) The court may sentence a person convicted of a |
| |||||||
| |||||||
1 | violation of Section
12-19, 12-21, or 16-1.3 , or 17-56 of the | ||||||
2 | Criminal Code of 1961 (i) to an impact
incarceration program if | ||||||
3 | the person is otherwise eligible for that program
under Section | ||||||
4 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
5 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
6 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
7 | program licensed under that
Act. | ||||||
8 | (o) Whenever a person is convicted of a sex offense as | ||||||
9 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
10 | defendant's driver's license or permit shall be subject to | ||||||
11 | renewal on an annual basis in accordance with the provisions of | ||||||
12 | license renewal established by the Secretary of State.
| ||||||
13 | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||||||
14 | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||||||
15 | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||||||
16 | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | ||||||
17 | eff. 12-3-09.)
| ||||||
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) or a violation of subdivision | ||||||
22 | (b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS | ||||||
23 | 5/17-2) and the offense was committed in attempting or | ||||||
24 | committing a forcible felony.
| ||||||
25 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
26 | consecutive sentences in each of the following circumstances: |
| |||||||
| |||||||
1 | (1) One of the offenses for which the defendant was | ||||||
2 | convicted was first degree
murder or a Class X or Class 1 | ||||||
3 | felony and the defendant inflicted severe bodily injury. | ||||||
4 | (2) The defendant was convicted of a violation of | ||||||
5 | Section 12-13 (criminal sexual
assault), 12-14 (aggravated | ||||||
6 | criminal sexual assault), or 12-14.1 (predatory criminal | ||||||
7 | sexual assault of a child) of the Criminal Code of 1961 | ||||||
8 | (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1). | ||||||
9 | (3) The defendant was convicted of armed violence based | ||||||
10 | upon the predicate
offense of any of the following: | ||||||
11 | solicitation of murder, solicitation of murder for hire, | ||||||
12 | heinous battery, aggravated battery of a senior citizen, | ||||||
13 | criminal sexual assault, a violation of subsection (g) of | ||||||
14 | Section 5 of the Cannabis Control Act (720 ILCS 550/5), | ||||||
15 | cannabis trafficking, a violation of subsection (a) of | ||||||
16 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
17 | ILCS 570/401), controlled substance trafficking involving | ||||||
18 | a Class X felony amount of controlled substance under | ||||||
19 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
20 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
21 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
22 | criminal drug conspiracy, or streetgang criminal drug | ||||||
23 | conspiracy. | ||||||
24 | (4) The defendant was convicted of the offense of | ||||||
25 | leaving the scene of a motor
vehicle accident involving | ||||||
26 | death or personal injuries under Section 11-401 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
2 | aggravated driving under the influence of alcohol, other | ||||||
3 | drug or drugs, or intoxicating compound or compounds, or | ||||||
4 | any combination thereof under Section 11-501 of the | ||||||
5 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
6 | homicide under Section 9-3 of the Criminal Code of 1961 | ||||||
7 | (720 ILCS 5/9-3), or (C) both an offense described in item | ||||||
8 | (A) and an offense described in item (B). | ||||||
9 | (5) The defendant was convicted of a violation of | ||||||
10 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
11 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
12 | 1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or | ||||||
13 | (5.5) The
(vi) the defendant was convicted of a | ||||||
14 | violation of Section 24-3.7 (use of a stolen firearm in the | ||||||
15 | commission of an offense) of the Criminal Code of 1961 . , | ||||||
16 | (6) If the defendant was in the custody of the | ||||||
17 | Department of Corrections at the
time of the commission of | ||||||
18 | the offense, the sentence shall be served consecutive to | ||||||
19 | the sentence under which the defendant is held by the | ||||||
20 | Department of Corrections. If, however, the defendant is | ||||||
21 | sentenced to punishment by death, the sentence shall be | ||||||
22 | executed at such time as the court may fix without regard | ||||||
23 | to the sentence under which the defendant may be held by | ||||||
24 | the Department. | ||||||
25 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
26 | for escape or attempted escape shall be served
consecutive |
| |||||||
| |||||||
1 | to the terms under which the offender is held by the | ||||||
2 | Department of Corrections. | ||||||
3 | (8) If a person charged with a felony commits a | ||||||
4 | separate felony while on pretrial
release or in pretrial | ||||||
5 | detention in a county jail facility or county detention | ||||||
6 | facility, then the sentences imposed upon conviction of | ||||||
7 | these felonies shall be served consecutively regardless of | ||||||
8 | the order in which the judgments of conviction are entered. | ||||||
9 | (8.5) If a person commits a battery against a county | ||||||
10 | correctional officer or sheriff's employee while serving a | ||||||
11 | sentence or in pretrial detention in a county jail | ||||||
12 | facility, then the sentence imposed upon conviction of the | ||||||
13 | battery shall be served consecutively with the sentence | ||||||
14 | imposed upon conviction of the earlier misdemeanor or | ||||||
15 | felony, regardless of the order in which the
judgments of | ||||||
16 | conviction are entered. | ||||||
17 | (9) If a person admitted to bail following conviction | ||||||
18 | of a felony commits a
separate felony while free on bond or | ||||||
19 | if a person detained in a county jail facility or county | ||||||
20 | detention facility following conviction of a felony | ||||||
21 | commits a separate felony while in detention, then any | ||||||
22 | sentence following conviction of the separate felony shall | ||||||
23 | be consecutive to that of the original sentence for which | ||||||
24 | the defendant was on bond or detained.
| ||||||
25 | (10) If a person is found to be in possession of an | ||||||
26 | item of contraband, as defined in clause (c)(2) of Section |
| |||||||
| |||||||
1 | 31A-1.1 of the Criminal Code of 1961, while serving a | ||||||
2 | sentence in a county jail or while in pre-trial detention | ||||||
3 | in a county jail, the sentence imposed upon conviction for | ||||||
4 | the offense of possessing contraband in a penal institution | ||||||
5 | shall be served consecutively to the sentence imposed for | ||||||
6 | the offense in which the person is serving sentence in the | ||||||
7 | county jail or serving pretrial detention, regardless of | ||||||
8 | the order in which the judgments of conviction are entered. | ||||||
9 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
10 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
11 | defendant and the defendant is subsequently sentenced to a term | ||||||
12 | of imprisonment by a court of another state or a federal court, | ||||||
13 | then the Illinois sentence shall run consecutively to the | ||||||
14 | sentence imposed by the court of the other state or the federal | ||||||
15 | court. That same Illinois court, however, may order that the | ||||||
16 | Illinois sentence run concurrently with the sentence imposed by | ||||||
17 | the court of the other state or the federal court, but only if | ||||||
18 | the defendant applies to that same Illinois court within 30 | ||||||
19 | days after the sentence imposed by the court of the other state | ||||||
20 | or the federal court is finalized. | ||||||
21 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
22 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
23 | sentences shall be determined as follows: | ||||||
24 | (1) For sentences imposed under law in effect prior to | ||||||
25 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
26 | sentences shall not exceed the maximum term authorized |
| |||||||
| |||||||
1 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
2 | Chapter V for the 2 most serious felonies involved. The | ||||||
3 | aggregate minimum period of consecutive sentences shall | ||||||
4 | not exceed the highest minimum term authorized under | ||||||
5 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
6 | V for the 2 most serious felonies involved. When sentenced | ||||||
7 | only for misdemeanors, a defendant shall not be | ||||||
8 | consecutively sentenced to more than the maximum for one | ||||||
9 | Class A misdemeanor. | ||||||
10 | (2) For sentences imposed under the law in effect on or | ||||||
11 | after February 1, 1978,
the aggregate of consecutive | ||||||
12 | sentences for offenses that were committed as part of a | ||||||
13 | single
course of conduct during which there was no | ||||||
14 | substantial change in the nature of the criminal objective | ||||||
15 | shall not exceed the sum of the maximum terms authorized | ||||||
16 | under Section 5-8-2 (730 ILCS 5/5-8-2) for the 2 most | ||||||
17 | serious felonies involved, but no such limitation shall | ||||||
18 | apply for offenses that were not committed as part of a | ||||||
19 | single course of conduct during which there was no | ||||||
20 | substantial change in the nature of the criminal objective. | ||||||
21 | When sentenced only for misdemeanors, a defendant shall not | ||||||
22 | be consecutively sentenced to more than the maximum for one | ||||||
23 | Class A misdemeanor.
| ||||||
24 | (g) Consecutive terms; manner served. In determining the | ||||||
25 | manner in which consecutive sentences of imprisonment, one or | ||||||
26 | more of which is for a felony, will be served, the Department |
| |||||||
| |||||||
1 | of Corrections shall treat the defendant as though he or she | ||||||
2 | had been committed for a single term subject to each of the | ||||||
3 | following: | ||||||
4 | (1) The maximum period of a term of imprisonment shall | ||||||
5 | consist of the aggregate
of the maximums of the imposed | ||||||
6 | indeterminate terms, if any, plus the aggregate of the | ||||||
7 | imposed determinate sentences for felonies, plus the | ||||||
8 | aggregate of the imposed determinate sentences for | ||||||
9 | misdemeanors, subject to subsection (f) of this Section. | ||||||
10 | (2) The parole or mandatory supervised release term | ||||||
11 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
12 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
13 | involved. | ||||||
14 | (3) The minimum period of imprisonment shall be the | ||||||
15 | aggregate of the minimum
and determinate periods of | ||||||
16 | imprisonment imposed by the court, subject to subsection | ||||||
17 | (f) of this Section. | ||||||
18 | (4) The defendant shall be awarded credit against the | ||||||
19 | aggregate maximum term
and the aggregate minimum term of | ||||||
20 | imprisonment for all time served in an institution since | ||||||
21 | the commission of the offense or offenses and as a | ||||||
22 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
23 | (730 ILCS 5/3-6-3).
| ||||||
24 | (Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09; | ||||||
25 | 95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
| ||||||
2 | Sec. 5-9-1.3.
Fines for offenses involving theft, | ||||||
3 | deceptive practices, and
offenses against units of local | ||||||
4 | government or school districts.
| ||||||
5 | (a) When a person
has been adjudged guilty of a felony | ||||||
6 | under
Section 16-1, 16-9 or 17-1 of the Criminal Code of 1961, | ||||||
7 | a fine may be
levied by the court in an amount which is the | ||||||
8 | greater of $25,000 or twice
the value of the property which is | ||||||
9 | the subject of the offense.
| ||||||
10 | (b) When a person has been convicted of a felony under | ||||||
11 | Section 16-1 of the
Criminal Code of 1961 and the theft was | ||||||
12 | committed upon any unit of local
government or school district, | ||||||
13 | or
the person has been convicted of any violation of Sections | ||||||
14 | 33C-1 through 33C-4
or Sections 33E-3 through 33E-18 , or | ||||||
15 | subsection (a), (b), (c), or (d) of Section 17-10.3, of the | ||||||
16 | Criminal Code of 1961, a fine may be
levied by the
court in an | ||||||
17 | amount that is the greater of $25,000 or treble the value of | ||||||
18 | the
property which is the subject of the offense or loss to the | ||||||
19 | unit of local
government or school district.
| ||||||
20 | (c) All fines imposed under subsection (b) of this Section | ||||||
21 | shall be
distributed as follows:
| ||||||
22 | (1) An amount equal to 30% shall be distributed to the | ||||||
23 | unit of local
government or school district
that was the | ||||||
24 | victim of the offense;
| ||||||
25 | (2) An amount equal to 30% shall be distributed to the | ||||||
26 | unit of local
government whose officers or employees |
| |||||||
| |||||||
1 | conducted the investigation into the
crimes against the | ||||||
2 | unit of local government or school district. Amounts
| ||||||
3 | distributed to units of local
government shall be used | ||||||
4 | solely for the enforcement of criminal laws protecting
| ||||||
5 | units of local government or school districts;
| ||||||
6 | (3) An amount equal to 30% shall be distributed to the | ||||||
7 | State's Attorney of
the county in which the prosecution | ||||||
8 | resulting in the conviction was instituted.
The funds shall | ||||||
9 | be used solely for the enforcement of criminal laws | ||||||
10 | protecting
units of local government or school districts; | ||||||
11 | and
| ||||||
12 | (4) An amount equal to 10% shall be distributed to the | ||||||
13 | circuit court clerk
of the
county where the prosecution | ||||||
14 | resulting in the conviction was instituted.
| ||||||
15 | (d) A fine order under subsection (b) of this Section is a | ||||||
16 | judgment lien in
favor of the victim unit of local government | ||||||
17 | or school district, the State's
Attorney of the county where
| ||||||
18 | the
violation
occurred, the law enforcement agency that | ||||||
19 | investigated the violation, and the
circuit court clerk.
| ||||||
20 | (Source: P.A. 90-800, eff. 1-1-99.)
| ||||||
21 | Section 10-155. The Probate Act of 1975 is amended by | ||||||
22 | changing Sections 2-6.2 and 2-6.6 as follows:
| ||||||
23 | (755 ILCS 5/2-6.2)
| ||||||
24 | Sec. 2-6.2. Financial exploitation, abuse, or neglect of an |
| |||||||
| |||||||
1 | elderly person
or a person with a disability. | ||||||
2 | (a) In this Section:
| ||||||
3 | "Abuse" means any offense described in Section 12-21 of the | ||||||
4 | Criminal Code of
1961.
| ||||||
5 | "Financial exploitation" means any offense described in | ||||||
6 | Section 16-1.3 or 17-56 of the
Criminal Code of 1961.
| ||||||
7 | "Neglect" means any offense described in Section 12-19 of | ||||||
8 | the Criminal Code
of 1961.
| ||||||
9 | (b) Persons convicted of financial exploitation,
abuse, or | ||||||
10 | neglect of an elderly person or a person with a disability | ||||||
11 | shall not
receive
any property, benefit, or other interest by | ||||||
12 | reason of the
death of that elderly person or person with a | ||||||
13 | disability, whether as heir,
legatee,
beneficiary, survivor, | ||||||
14 | appointee, claimant under Section 18-1.1, or in any other | ||||||
15 | capacity
and whether the property, benefit, or other interest | ||||||
16 | passes
pursuant to any form of title registration, testamentary | ||||||
17 | or
nontestamentary instrument, intestacy, renunciation, or any
| ||||||
18 | other circumstance. The property, benefit, or other
interest | ||||||
19 | shall pass as if the person convicted of the
financial | ||||||
20 | exploitation, abuse, or neglect died before the
decedent, | ||||||
21 | provided that with respect to joint tenancy
property the | ||||||
22 | interest possessed prior to the death by the
person convicted | ||||||
23 | of the financial exploitation, abuse, or
neglect shall not be
| ||||||
24 | diminished by the application of this Section. Notwithstanding | ||||||
25 | the
foregoing, a person convicted of financial exploitation, | ||||||
26 | abuse, or neglect of
an elderly person or a person with a |
| |||||||
| |||||||
1 | disability shall be entitled to receive
property, a benefit, or | ||||||
2 | an
interest in any capacity and under any circumstances | ||||||
3 | described in this
subsection (b) if it is demonstrated by clear | ||||||
4 | and convincing evidence that the
victim of that offense knew of | ||||||
5 | the conviction and subsequent to the
conviction expressed or | ||||||
6 | ratified his or her intent to transfer the property,
benefit, | ||||||
7 | or interest to the person convicted of financial exploitation, | ||||||
8 | abuse,
or
neglect of an elderly person or a person with a | ||||||
9 | disability in any manner
contemplated by this subsection
(b).
| ||||||
10 | (c) (1) The holder of any property subject to the
| ||||||
11 | provisions of this Section shall not be liable for
| ||||||
12 | distributing or releasing the property to the person
| ||||||
13 | convicted of financial exploitation, abuse, or neglect of
| ||||||
14 | an elderly person or a person with a disability if the | ||||||
15 | distribution or release
occurs
prior to the conviction.
| ||||||
16 | (2) If the holder is a financial institution, trust | ||||||
17 | company, trustee, or
similar entity or person, the holder | ||||||
18 | shall not be liable for any distribution
or
release of the | ||||||
19 | property, benefit, or other interest to the person | ||||||
20 | convicted of
a
violation of Section 12-19, 12-21, or | ||||||
21 | 16-1.3 , or 17-56 of the Criminal Code of 1961
unless the | ||||||
22 | holder knowingly distributes or releases the property, | ||||||
23 | benefit, or
other interest to the person so convicted after | ||||||
24 | first having received actual
written notice of the | ||||||
25 | conviction in sufficient time to act upon the notice.
| ||||||
26 | (d) If the holder of any property subject to the
provisions |
| |||||||
| |||||||
1 | of this Section knows that a potential beneficiary has been
| ||||||
2 | convicted of financial
exploitation, abuse, or neglect of an | ||||||
3 | elderly person or a person with a
disability within
the scope | ||||||
4 | of this Section, the holder shall fully cooperate
with law | ||||||
5 | enforcement authorities and judicial officers in
connection | ||||||
6 | with any investigation of the financial
exploitation, abuse, or | ||||||
7 | neglect. If the holder is a person or entity that is
subject to | ||||||
8 | regulation by a regulatory agency pursuant to the laws of this | ||||||
9 | or
any other state or pursuant to the laws of the United | ||||||
10 | States, including but not
limited to the business of a | ||||||
11 | financial institution, corporate fiduciary, or
insurance | ||||||
12 | company, then such person or entity shall not be deemed to be | ||||||
13 | in
violation of this Section to the extent that privacy laws | ||||||
14 | and regulations
applicable to such person or entity prevent it | ||||||
15 | from voluntarily providing law
enforcement authorities or | ||||||
16 | judicial officers with information.
| ||||||
17 | (Source: P.A. 95-315, eff. 1-1-08.)
| ||||||
18 | (755 ILCS 5/2-6.6)
| ||||||
19 | Sec. 2-6.6.
Person convicted of certain offenses against | ||||||
20 | the elderly or
disabled. A person who is convicted of a | ||||||
21 | violation of Section 12-19, 12-21, or
16-1.3 , or 17-56 of the | ||||||
22 | Criminal Code of 1961 may not receive any property, benefit, or
| ||||||
23 | other interest by reason of the death of the victim of that | ||||||
24 | offense, whether as
heir, legatee, beneficiary, joint tenant, | ||||||
25 | tenant by the entirety, survivor,
appointee, or in any other |
| |||||||
| |||||||
1 | capacity and whether the property, benefit, or other
interest | ||||||
2 | passes pursuant to any form of title registration, testamentary | ||||||
3 | or
nontestamentary instrument, intestacy, renunciation, or any | ||||||
4 | other circumstance.
The property, benefit, or other interest | ||||||
5 | shall pass as if the person convicted
of a violation of Section | ||||||
6 | 12-19, 12-21, or 16-1.3 , or 17-56 of the Criminal Code of 1961
| ||||||
7 | died before the decedent; provided that with respect to joint | ||||||
8 | tenancy property
or property held in tenancy by the entirety, | ||||||
9 | the interest possessed prior to
the death by the person | ||||||
10 | convicted may not
be diminished by the application of this | ||||||
11 | Section. Notwithstanding the
foregoing, a person convicted of a | ||||||
12 | violation of Section 12-19, 12-21, or 16-1.3 , or 17-56
of the | ||||||
13 | Criminal Code of 1961 shall be entitled to receive property, a
| ||||||
14 | benefit, or an interest in any capacity and under any | ||||||
15 | circumstances described
in this Section if it is demonstrated | ||||||
16 | by clear and convincing evidence that the
victim of that | ||||||
17 | offense knew of the conviction and subsequent to the
conviction | ||||||
18 | expressed or ratified his or her intent to transfer the | ||||||
19 | property,
benefit, or interest to the person convicted of a | ||||||
20 | violation of Section 12-19,
12-21, or 16-1.3 , or 17-56 of the | ||||||
21 | Criminal Code of 1961 in any manner contemplated
by this | ||||||
22 | Section.
| ||||||
23 | The holder of any property subject to the provisions of | ||||||
24 | this Section
is not liable for distributing or releasing the | ||||||
25 | property to the person
convicted of violating Section 12-19, | ||||||
26 | 12-21, or 16-1.3 , or 17-56 of the Criminal
Code of 1961.
|
| |||||||
| |||||||
1 | If the holder is a financial institution, trust company, | ||||||
2 | trustee, or
similar entity or person, the holder shall not be | ||||||
3 | liable for any distribution
or
release of the property, | ||||||
4 | benefit, or other interest to the person convicted of
a | ||||||
5 | violation of Section 12-19, 12-21, or 16-1.3 , or 17-56 of the | ||||||
6 | Criminal Code of 1961
unless the holder knowingly distributes | ||||||
7 | or releases the property, benefit, or
other interest to the | ||||||
8 | person so convicted after first having received actual
written | ||||||
9 | notice of the conviction in sufficient time to act upon the | ||||||
10 | notice.
| ||||||
11 | The Department of State Police shall have access to State | ||||||
12 | of Illinois
databases containing information that may help in | ||||||
13 | the identification or
location of persons convicted of the | ||||||
14 | offenses enumerated in this Section.
Interagency agreements | ||||||
15 | shall be implemented, consistent with security and
procedures | ||||||
16 | established by the State agency and consistent with the laws
| ||||||
17 | governing the confidentiality of the information in the | ||||||
18 | databases. Information
shall be used only for administration of | ||||||
19 | this Section.
| ||||||
20 | (Source: P.A. 93-301, eff. 1-1-04.)
| ||||||
21 | Section 10-160. The Illinois Human Rights Act is amended by | ||||||
22 | changing Section 4-101 as follows:
| ||||||
23 | (775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
| ||||||
24 | Sec. 4-101. Definitions.
The following definitions are |
| |||||||
| |||||||
1 | applicable strictly
in the context of this Article:
| ||||||
2 | (A) Credit Card. "Credit card" has the meaning set forth in | ||||||
3 | Section 17-0.5 of the Criminal Code of 1961 2.03
of the | ||||||
4 | Illinois Credit Card and Debit Card Act .
| ||||||
5 | (B) Financial Institution. "Financial institution" means | ||||||
6 | any bank, credit
union, insurance company, mortgage banking | ||||||
7 | company or savings and loan
association which operates or has a | ||||||
8 | place of business in this State.
| ||||||
9 | (C) Loan. "Loan" includes, but is not limited to, the | ||||||
10 | providing of funds,
for consideration, which are sought for: | ||||||
11 | (1) the purpose of purchasing,
constructing, improving, | ||||||
12 | repairing, or maintaining a housing accommodation
as that term | ||||||
13 | is defined in paragraph (C) of Section 3-101; or (2) any | ||||||
14 | commercial or
industrial purposes.
| ||||||
15 | (D) Varying Terms. "Varying the terms of a loan" includes, | ||||||
16 | but is not
limited to, the following practices:
| ||||||
17 | (1) Requiring a greater down payment than is usual for | ||||||
18 | the particular
type of a loan involved.
| ||||||
19 | (2) Requiring a shorter period of amortization than is | ||||||
20 | usual for the
particular type of loan involved.
| ||||||
21 | (3) Charging a higher interest rate than is usual for | ||||||
22 | the particular type
of loan involved.
| ||||||
23 | (4) An under appraisal of real estate or other item of | ||||||
24 | property offered as security.
| ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 10-165. The Assumed Business Name Act is amended by | ||||||
2 | changing Section 4 as follows:
| ||||||
3 | (805 ILCS 405/4) (from Ch. 96, par. 7)
| ||||||
4 | Sec. 4.
This Act shall in no way affect or apply to any | ||||||
5 | corporation,
limited liability company, limited partnership, | ||||||
6 | or limited liability
partnership duly
organized under the laws | ||||||
7 | of this State, or any corporation, limited liability
company, | ||||||
8 | limited partnership, or limited liability partnership
| ||||||
9 | organized under
the laws of any other State and lawfully doing | ||||||
10 | business in this State, nor
shall this Act be deemed or | ||||||
11 | construed to prevent the lawful use of a
partnership name or | ||||||
12 | designation, provided that such partnership shall
include the | ||||||
13 | true, real name of such person or persons transacting said
| ||||||
14 | business or partnership nor shall it be construed as in any way | ||||||
15 | affecting
subdivision (a)(8) or subsection (c) of Section 17-2 | ||||||
16 | Sections 17-12 and 17-19 of the Criminal Code of 1961.
This Act | ||||||
17 | shall in no way affect or apply to testamentary or other | ||||||
18 | express
trusts where the business is carried on in the name of | ||||||
19 | the trust and such
trust is created by will or other instrument | ||||||
20 | in writing under which title
to the trust property is vested in | ||||||
21 | a designated trustee or trustees for the
use and benefit of the | ||||||
22 | cestuis que trustent.
| ||||||
23 | (Source: P.A. 96-328, eff. 8-11-09.)
| ||||||
24 | Section 10-170. The Uniform Commercial Code is amended by |
| |||||||
| |||||||
1 | changing Section 3-505A as follows:
| ||||||
2 | (810 ILCS 5/3-505A) (from Ch. 26, par. 3-505A)
| ||||||
3 | Sec. 3-505A.
Provision of credit card number as a condition | ||||||
4 | of check
cashing or acceptance prohibited.
| ||||||
5 | (1) No person may record the number of a credit card given | ||||||
6 | as
identification or given as proof of creditworthiness when | ||||||
7 | payment for goods
or services is made by check or draft other | ||||||
8 | than a transaction in which the
check or draft is issued in | ||||||
9 | payment of the credit card designated by the
credit card | ||||||
10 | number.
| ||||||
11 | (2) This Section shall not prohibit a person from | ||||||
12 | requesting a purchaser
to display a credit card as indication | ||||||
13 | of creditworthiness and financial
responsibility or as | ||||||
14 | additional identification, but the only information
concerning | ||||||
15 | a credit card which may be recorded is the type of credit card
| ||||||
16 | so displayed and the issuer of the credit card. This Section | ||||||
17 | shall not
require acceptance of a check or draft whether or not | ||||||
18 | a credit card is
presented.
| ||||||
19 | (3) This Section shall not prohibit a person from | ||||||
20 | requesting or receiving
a credit card number or expiration date | ||||||
21 | and recording the number or date,
or both, in lieu of a deposit | ||||||
22 | to secure payment in the event of default,
loss, damage, or | ||||||
23 | other occurrence.
| ||||||
24 | (4) This Section shall not prohibit a person from recording | ||||||
25 | a credit card
number and expiration date as a condition for |
| |||||||
| |||||||
1 | cashing or accepting a check
or draft if that person, firm, | ||||||
2 | partnership or association has agreed with
the card issuer to | ||||||
3 | cash or accept checks and share drafts from the issuer's
| ||||||
4 | cardholders and the issuer guarantees cardholder checks and | ||||||
5 | drafts cashed
or accepted by that person.
| ||||||
6 | (5) Recording a credit card number in connection with a | ||||||
7 | sale of goods or
services in which the purchaser pays by check | ||||||
8 | or draft, or in connection
with the acceptance of a check or | ||||||
9 | draft, is a business offense with a fine
not to exceed $500.
| ||||||
10 | As used in this Section, credit card has the meaning as
| ||||||
11 | defined in Section 17-0.5 of the Criminal Code of 1961 the | ||||||
12 | Illinois Credit Card and Debit Card Act .
| ||||||
13 | (Source: P.A. 87-382.)
| ||||||
14 | Section 10-175. The Credit Card Issuance Act is amended by | ||||||
15 | changing Section 1 as follows:
| ||||||
16 | (815 ILCS 140/1) (from Ch. 17, par. 6001)
| ||||||
17 | Sec. 1. As used in this Act: (a) "Credit card" has the | ||||||
18 | meaning set forth in
Section 17-0.5 of the Criminal Code of | ||||||
19 | 1961 2.03 of the Illinois Credit Card and Debit Card Act , but | ||||||
20 | does not
include "debit card" as defined in that Section
2.15 | ||||||
21 | of the Illinois Credit Card and Debit Card Act , which can also | ||||||
22 | be
used to obtain money, goods, services and anything else of | ||||||
23 | value on
credit, nor shall it include any negotiable instrument | ||||||
24 | as defined in the
Uniform Commercial Code, as now or hereafter |
| |||||||
| |||||||
1 | amended; (b) "merchant credit
card agreement" means a written | ||||||
2 | agreement between a seller of goods,
services or both, and the | ||||||
3 | issuer of a credit card to any other party,
pursuant to which | ||||||
4 | the seller is obligated to accept credit cards; and (c)
"credit | ||||||
5 | card transaction" means a purchase and sale of goods, services | ||||||
6 | or
both, in which a seller, pursuant to a merchant credit card | ||||||
7 | agreement, is
obligated to accept a credit card and does accept | ||||||
8 | the credit card in
connection with such purchase and sale.
| ||||||
9 | (Source: P.A. 86-427; 86-952.)
| ||||||
10 | Section 10-180. The Credit Card Liability Act is amended by | ||||||
11 | changing Section 1 as follows:
| ||||||
12 | (815 ILCS 145/1) (from Ch. 17, par. 6101)
| ||||||
13 | Sec. 1. (a) No person in whose name a credit card is issued | ||||||
14 | without his
having requested or applied for the card or for the | ||||||
15 | extension of the credit or
establishment of a charge account | ||||||
16 | which that card evidences is liable to
the issuer of the card | ||||||
17 | for any purchases made or other amounts owing by a
use of that | ||||||
18 | card from which he or a member of his family or household
| ||||||
19 | derive no benefit unless he has indicated his acceptance of the | ||||||
20 | card by
signing or using the card or by permitting or | ||||||
21 | authorizing use of the card
by another. A mere failure to | ||||||
22 | destroy or return an unsolicited card is not
such an | ||||||
23 | indication. As used in this Act, "credit card" has the meaning
| ||||||
24 | ascribed to it in Section 17-0.5 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | 2.03 of the Illinois Credit Card and Debit Card Act , except | ||||||
2 | that
it does not include a card issued by any telephone company | ||||||
3 | that is subject
to supervision or regulation by the Illinois | ||||||
4 | Commerce Commission or other
public authority.
| ||||||
5 | (b) When an action is brought by an issuer against the | ||||||
6 | person named on
the card, the burden of proving the request, | ||||||
7 | application, authorization,
permission, use or benefit as set | ||||||
8 | forth in Section 1 hereof shall be upon
plaintiff if put in | ||||||
9 | issue by defendant. In the event of judgment for
defendant, the | ||||||
10 | court shall allow defendant a reasonable attorney's fee, to
be | ||||||
11 | taxed as costs.
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | Section 10-185. The Interest Act is amended by changing | ||||||
14 | Section 4.1 as follows:
| ||||||
15 | (815 ILCS 205/4.1) (from Ch. 17, par. 6405)
| ||||||
16 | Sec. 4.1. The term "revolving credit" means an arrangement, | ||||||
17 | including by
means of a credit card as defined in Section | ||||||
18 | 17-0.5 of the Criminal Code of 1961 2.03 of the Illinois Credit
| ||||||
19 | Card and Debit Card Act between a lender and debtor pursuant to | ||||||
20 | which it is contemplated or
provided that the lender may from | ||||||
21 | time to time make loans or advances to or
for the account of | ||||||
22 | the debtor through the means of drafts, items, orders
for the | ||||||
23 | payment of money, evidences of debt or similar written | ||||||
24 | instruments,
whether or not negotiable, signed by the debtor or |
| |||||||
| |||||||
1 | by any person authorized
or permitted so to do on behalf of the | ||||||
2 | debtor, which loans or advances are
charged to an account in | ||||||
3 | respect of which account the lender is to render
bills or | ||||||
4 | statements to the debtor at regular intervals (hereinafter
| ||||||
5 | sometimes referred to as the "billing cycle") the amount of | ||||||
6 | which bills or
statements is payable by and due from the debtor | ||||||
7 | on a specified date stated
in such bill or statement or at the | ||||||
8 | debtor's option, may be payable by the
debtor in installments. | ||||||
9 | A revolving credit arrangement which grants the
debtor a line | ||||||
10 | of credit in excess of $5,000 may include provisions
granting | ||||||
11 | the lender a security interest in real property or in a
| ||||||
12 | beneficial interest in a land trust to secure amounts
of credit | ||||||
13 | extended by the lender.
Credit extended or available under a | ||||||
14 | revolving credit plan operated in
accordance with the Illinois | ||||||
15 | Financial Services Development Act shall be
deemed to be | ||||||
16 | "revolving credit" as defined in this Section 4.1 but shall not
| ||||||
17 | be subject to Sections 4.1a, 4.2 or 4.3 hereof.
| ||||||
18 | Whenever a lender is granted a security interest in real | ||||||
19 | property or
in a beneficial interest in a land trust, the | ||||||
20 | lender shall disclose the
existence of such interest to the | ||||||
21 | borrower in compliance with the Federal
Truth in Lending Act, | ||||||
22 | amendments thereto, and any regulations issued or
which may be | ||||||
23 | issued thereunder, and shall agree to pay all expenses,
| ||||||
24 | including recording fees and otherwise, to release any such | ||||||
25 | security interest
of record whenever it no longer secures any | ||||||
26 | credit under a revolving credit
arrangement. A lender shall not |
| |||||||
| |||||||
1 | be granted a security interest in any real
property or in any | ||||||
2 | beneficial interest in a land trust under a
revolving credit | ||||||
3 | arrangement, or if any such security interest
exists, such | ||||||
4 | interest shall be released, if a borrower renders payment of
| ||||||
5 | the total outstanding balance due under the revolving credit | ||||||
6 | arrangement
and requests in writing to reduce the line of | ||||||
7 | credit below that
amount for which a security interest in real | ||||||
8 | property or in a beneficial
interest in a land trust may be | ||||||
9 | required by
a lender. Any request by a borrower to release a | ||||||
10 | security interest under a
revolving credit arrangement shall be | ||||||
11 | granted by the lender provided the
borrower renders payment of | ||||||
12 | the total outstanding balance as required by
this Section | ||||||
13 | before the security interest of record may be released.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
15 | Section 10-190. The Consumer Fraud and Deceptive Business | ||||||
16 | Practices Act is amended by changing Section 2NN as follows:
| ||||||
17 | (815 ILCS 505/2NN)
| ||||||
18 | Sec. 2NN. Receipts; credit card and debit card account | ||||||
19 | numbers.
| ||||||
20 | (a) Definitions. As used in this Section:
| ||||||
21 | "Cardholder" has the meaning ascribed to it in Section | ||||||
22 | 17-0.5 of the Criminal Code of 1961 2.02 of the
Illinois
Credit | ||||||
23 | Card and Debit Card Act .
| ||||||
24 | "Credit card" has the meaning ascribed to it in Section |
| |||||||
| |||||||
1 | 17-0.5 of the Criminal Code of 1961 2.03 of the Illinois
Credit | ||||||
2 | Card and Debit Card Act .
| ||||||
3 | "Debit card" has the meaning ascribed to it in Section | ||||||
4 | 17-0.5 of the Criminal Code of 1961 2.15 of the Illinois
Credit | ||||||
5 | Card and Debit Card Act .
| ||||||
6 | "Issuer" has the meaning ascribed to it in Section 17-0.5 | ||||||
7 | of the Criminal Code of 1961 2.08 of the Illinois
Credit
Card | ||||||
8 | and Debit Card Act .
| ||||||
9 | "Person" has the meaning ascribed to it in Section 17-0.5 | ||||||
10 | of the Criminal Code of 1961 2.09 of the Illinois
Credit
Card | ||||||
11 | and Debit Card Act .
| ||||||
12 | "Provider" means a person who furnishes money, goods, | ||||||
13 | services, or anything
else
of value upon presentation, whether | ||||||
14 | physically, in writing, verbally,
electronically, or | ||||||
15 | otherwise, of a credit card or debit card by the cardholder,
or | ||||||
16 | any agent or employee of that person.
| ||||||
17 | (b) Except as otherwise provided in this Section, no | ||||||
18 | provider may print or
otherwise produce or reproduce or permit | ||||||
19 | the printing or other production or
reproduction of the | ||||||
20 | following: (i) any part of the credit card or debit card
| ||||||
21 | account number, other than the last 4 digits or other | ||||||
22 | characters, (ii) the
credit card or debit card expiration date | ||||||
23 | on any receipt provided or made
available to the cardholder.
| ||||||
24 | (c) This Section does not apply to a credit card or debit | ||||||
25 | card transaction in
which the sole means available to the | ||||||
26 | provider of recording the credit card or
debit card account |
| |||||||
| |||||||
1 | number is by handwriting or by imprint of the card.
| ||||||
2 | (d) This Section does not apply to receipts issued for | ||||||
3 | transactions on the
electronic benefits transfer card system in | ||||||
4 | accordance with 7 CFR 274.12(g)(3).
| ||||||
5 | (e) A violation of this Section constitutes an unlawful | ||||||
6 | practice within
the meaning of this Act.
| ||||||
7 | (f) This Section is operative on January 1, 2005.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
9 | Section 10-195. The Home Repair Fraud Act is amended by | ||||||
10 | changing Section 5 as follows:
| ||||||
11 | (815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
| ||||||
12 | Sec. 5. Aggravated Home Repair Fraud. A person commits the | ||||||
13 | offense
of aggravated home repair fraud when he commits home | ||||||
14 | repair fraud against an elderly a
person 60 years of age or | ||||||
15 | older or a disabled person with a disability as defined in | ||||||
16 | Section
17-56 16-1.3 of the Criminal Code of 1961.
| ||||||
17 | (a) Aggravated violation of paragraphs (1) or (2) of | ||||||
18 | subsection (a) of
Section 3 of this Act shall be a Class 2 | ||||||
19 | felony when the amount of
the
contract or agreement is more | ||||||
20 | than $500, a Class 4
felony when the amount
of the contract or | ||||||
21 | agreement is $500 or less, and a Class
3 felony for a
second or | ||||||
22 | subsequent offense when the amount of the contract or agreement
| ||||||
23 | is $500 or less. If 2 or more contracts or agreements for home
| ||||||
24 | repair
exceed an aggregate amount of $500 or more and such |
| |||||||
| |||||||
1 | contracts or
agreements are entered into with the same victim | ||||||
2 | by one or more of the
defendants as part of or in furtherance | ||||||
3 | of a common fraudulent scheme,
design or intention, the | ||||||
4 | violation shall be a Class 2 felony.
| ||||||
5 | (b) Aggravated violation of paragraph (3) of subsection (a) | ||||||
6 | of Section 3
of this Act shall be a Class 2 felony when the | ||||||
7 | amount of the contract
or
agreement is more than $5,000 and a | ||||||
8 | Class 3 felony
when the amount of the
contract or agreement is | ||||||
9 | $5,000 or less.
| ||||||
10 | (c) Aggravated violation of paragraph (4) of subsection (a) | ||||||
11 | of
Section 3 of this Act shall be a Class 3 felony when the | ||||||
12 | amount of
the
contract or agreement is more than $500, a Class | ||||||
13 | 4
felony when the amount
of the contract or agreement is $500 | ||||||
14 | or less and a Class
3 felony for a
second or subsequent offense | ||||||
15 | when the amount of the contract or agreement
is $500 or less.
| ||||||
16 | (d) Aggravated violation of paragraphs (1) or (2) of | ||||||
17 | subsection (b) of
Section 3 of this Act shall be a Class 3 | ||||||
18 | felony.
| ||||||
19 | (e) If a person commits aggravated home repair fraud, then | ||||||
20 | any State or
local license or permit held by that person that | ||||||
21 | relates to the business of
home repair may be appropriately | ||||||
22 | suspended or revoked by the issuing authority,
commensurate | ||||||
23 | with the severity of the offense.
| ||||||
24 | (f) A defense to aggravated home repair fraud does not | ||||||
25 | exist merely
because
the accused reasonably believed the victim | ||||||
26 | to be a person less than 60 years
of age.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-542, eff. 1-1-04.)
| ||||||
2 | Article 95. | ||||||
3 | Section 9995. No acceleration or delay. Where this Act | ||||||
4 | makes changes in a statute that is represented in this Act by | ||||||
5 | text that is not yet or no longer in effect (for example, a | ||||||
6 | Section represented by multiple versions), the use of that text | ||||||
7 | does not accelerate or delay the taking effect of (i) the | ||||||
8 | changes made by this Act or (ii) provisions derived from any | ||||||
9 | other Public Act. | ||||||
10 | Article 99.
| ||||||
11 | Section 9999. Effective date. This Act takes effect January | ||||||
12 | 1, 2011.".
|