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1 | AN ACT concerning public safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||||||||||
5 | changing Section 7.5 as follows: | |||||||||||||||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | |||||||||||||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | |||||||||||||||||||||||||||||||||||
9 | from inspection and copying: | |||||||||||||||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | |||||||||||||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
15 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
16 | until the conclusion of the trial of the case, even if the | ||||||
17 | prosecution chooses not to pursue the death penalty prior | ||||||
18 | to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Regional Transportation Authority under Section 2.11 of | ||||||
26 | the Regional Transportation Authority Act or the St. Clair |
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| |||||||
1 | County Transit District under the Bi-State Transit Safety | ||||||
2 | Act. | ||||||
3 | (q) Information prohibited from being disclosed by the | ||||||
4 | Personnel Record Records Review Act. | ||||||
5 | (r) Information prohibited from being disclosed by the | ||||||
6 | Illinois School Student Records Act. | ||||||
7 | (s) Information the disclosure of which is restricted | ||||||
8 | under Section 5-108 of the Public Utilities Act.
| ||||||
9 | (t) All identified or deidentified health information | ||||||
10 | in the form of health data or medical records contained in, | ||||||
11 | stored in, submitted to, transferred by, or released from | ||||||
12 | the Illinois Health Information Exchange, and identified | ||||||
13 | or deidentified health information in the form of health | ||||||
14 | data and medical records of the Illinois Health Information | ||||||
15 | Exchange in the possession of the Illinois Health | ||||||
16 | Information Exchange Authority due to its administration | ||||||
17 | of the Illinois Health Information Exchange. The terms | ||||||
18 | "identified" and "deidentified" shall be given the same | ||||||
19 | meaning as in the Health Insurance Portability and | ||||||
20 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
21 | subsequent amendments thereto, and any regulations | ||||||
22 | promulgated thereunder. | ||||||
23 | (u) Records and information provided to an independent | ||||||
24 | team of experts under the Developmental Disability and | ||||||
25 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under the Revised Uniform Unclaimed Property Act. | ||||||
16 | (gg) Information that is prohibited from being | ||||||
17 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
18 | Code. | ||||||
19 | (hh) Records that are exempt from disclosure under | ||||||
20 | Section 1A-16.7 of the Election Code. | ||||||
21 | (ii) Information which is exempted from disclosure | ||||||
22 | under Section 2505-800 of the Department of Revenue Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (jj) Information and reports that are required to be | ||||||
25 | submitted to the Department of Labor by registering day and | ||||||
26 | temporary labor service agencies but are exempt from |
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1 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
2 | and Temporary Labor Services Act. | ||||||
3 | (kk) Information prohibited from disclosure under the | ||||||
4 | Seizure and Forfeiture Reporting Act. | ||||||
5 | (ll) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
7 | Aid Code. | ||||||
8 | (mm) (ll) Records that are exempt from disclosure under | ||||||
9 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
10 | (nn) (ll) Information that is exempt from disclosure | ||||||
11 | under Section 70 of the Higher Education Student Assistance | ||||||
12 | Act. | ||||||
13 | (oo) Records and information exempt from disclosure | ||||||
14 | under Section 2605-304 of the Department of State Police | ||||||
15 | Law of the Civil Administrative Code of Illinois. | ||||||
16 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
17 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
18 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
19 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
20 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
21 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
22 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
23 | 10-12-18.) | ||||||
24 | Section 10. The Department of State Police Law of the
Civil | ||||||
25 | Administrative Code of Illinois is amended by adding Sections |
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1 | 2605-304 and 2605-610 as follows: | ||||||
2 | (20 ILCS 2605/2605-304 new) | ||||||
3 | Sec. 2605-304. Prohibited Persons Portal. | ||||||
4 | (a) Within 180 days of the effective date of this | ||||||
5 | amendatory Act of the 101st General Assembly, the Department | ||||||
6 | shall establish a Portal for use by federal, State, or local | ||||||
7 | law enforcement agencies, including State's Attorneys and the | ||||||
8 | Office of the Attorney General, to capture a report of persons | ||||||
9 | whose Firearm Owner's Identification Cards have been revoked or | ||||||
10 | suspended. The Portal is for law enforcement purposes only. | ||||||
11 | (b) The Department shall include in the report the reason | ||||||
12 | the person's Firearm Owner's Identification Card was subject to | ||||||
13 | revocation or suspension, to the extent allowed by law, | ||||||
14 | consistent with Section 8 of the Firearm Owners Identification | ||||||
15 | Card Act. | ||||||
16 | (c) The Department shall indicate whether the person | ||||||
17 | subject to the revocation or suspension of his or her Firearm | ||||||
18 | Owner's Identification Card has surrendered his or her revoked | ||||||
19 | or suspended Firearm Owner's Identification Card and whether | ||||||
20 | the person has completed a Firearm Disposition Record required | ||||||
21 | under Section 9.5 of the Firearm Owners Identification Card | ||||||
22 | Act. | ||||||
23 | (d) The Department shall provide updates of information | ||||||
24 | related to an individual's current Firearm Owner's | ||||||
25 | Identification Card revocation or suspension status, including |
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1 | compliance under Section 9.5 of the Firearm Owners | ||||||
2 | Identification Card Act, in the Department's Law Enforcement | ||||||
3 | Agencies Data System. | ||||||
4 | (e) Records and information in the Portal are exempt from | ||||||
5 | disclosure under the Freedom of Information Act. | ||||||
6 | (f) The Department may adopt rules necessary to implement | ||||||
7 | this Section. | ||||||
8 | (20 ILCS 2605/2605-610 new) | ||||||
9 | Sec. 2605-610. Firearm Recovery Task Force. The Director | ||||||
10 | shall establish a statewide multi-jurisdictional Firearm | ||||||
11 | Recovery Task Force led by the Department to seize and recover | ||||||
12 | the Firearm Owner's Identification Cards of revoked persons and | ||||||
13 | to enforce Section 9.5 of the Firearm Owner's Identification | ||||||
14 | Card Act. | ||||||
15 | The Task Force may work with units of local government in | ||||||
16 | its recovery efforts. In working with a unit of local | ||||||
17 | government, the Task Force shall operate under an | ||||||
18 | intergovernmental agreement entered into with that unit of | ||||||
19 | local government in conformity with the provisions of the | ||||||
20 | Intergovernmental Cooperation Act. Units of local government | ||||||
21 | cooperating with the Task Force shall be reimbursed by the | ||||||
22 | Department for expenses incurred in their cooperation with the | ||||||
23 | Task Force. | ||||||
24 | The creation of the Task Force is subject to appropriation. | ||||||
25 | For purposes of this Section: |
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1 | "Revoked person" means a person whose Firearm Owner's | ||||||
2 | Identification Card has been revoked under Section 8 of the | ||||||
3 | Firearm Owner's Identification Card Act. | ||||||
4 | "Unit of local government" has the meaning provided in | ||||||
5 | Section 1 of Article VI of the Illinois Constitution and | ||||||
6 | includes both home rule and non-home rule units. | ||||||
7 | Section 15. The Firearm Owners Identification Card Act is | ||||||
8 | amended by changing Sections 3.1, 8, and 9.5 and by adding | ||||||
9 | Section 8.4 as follows:
| ||||||
10 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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11 | Sec. 3.1. Dial up system. | ||||||
12 | (a) The Department of State Police shall provide
a dial up | ||||||
13 | telephone system or utilize other existing technology which | ||||||
14 | shall be used by any federally licensed
firearm dealer, gun | ||||||
15 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
16 | stun gun, or taser under the provisions of this
Act. The | ||||||
17 | Department of State Police may utilize existing technology | ||||||
18 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
19 | Fees collected by the Department of
State Police shall be | ||||||
20 | deposited in the State Police Services Fund and used
to provide | ||||||
21 | the service.
| ||||||
22 | (b) Upon receiving a request from a federally licensed | ||||||
23 | firearm dealer, gun show promoter, or gun show vendor, the
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24 | Department of State Police shall immediately approve, or within |
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1 | the time
period established by Section 24-3 of the Criminal | ||||||
2 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
3 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
4 | show vendor of any objection that
would disqualify the | ||||||
5 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
6 | taser. In
conducting the inquiry, the Department of State | ||||||
7 | Police shall initiate and
complete an automated search of its | ||||||
8 | criminal history record information
files and those of the | ||||||
9 | Federal Bureau of Investigation, including the
National | ||||||
10 | Instant Criminal Background Check System, and of the files of
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11 | the Department of Human Services relating to mental health and
| ||||||
12 | developmental disabilities to obtain
any prohibiting | ||||||
13 | information felony conviction or patient hospitalization | ||||||
14 | information which would
disqualify a person from obtaining or | ||||||
15 | require revocation of a currently
valid Firearm Owner's | ||||||
16 | Identification Card. | ||||||
17 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
18 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
19 | Department of State Police shall: | ||||||
20 | (1) assign a unique identification number to the | ||||||
21 | transfer; and | ||||||
22 | (2) provide the licensee, gun show promoter, or gun | ||||||
23 | show vendor with the number. | ||||||
24 | (d) Approvals issued by the Department of State Police for | ||||||
25 | the purchase of a firearm are valid for 30 days from the date | ||||||
26 | of issue.
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1 | (e) (1) The Department of State Police must act as the | ||||||
2 | Illinois Point of Contact
for the National Instant Criminal | ||||||
3 | Background Check System. | ||||||
4 | (2) The Department of State Police and the Department of | ||||||
5 | Human Services shall, in accordance with State and federal law | ||||||
6 | regarding confidentiality, enter into a memorandum of | ||||||
7 | understanding with the Federal Bureau of Investigation for the | ||||||
8 | purpose of implementing the National Instant Criminal | ||||||
9 | Background Check System in the State. The Department of State | ||||||
10 | Police shall report the name, date of birth, and physical | ||||||
11 | description of any person prohibited from possessing a firearm | ||||||
12 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
13 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
14 | Background Check System Index, Denied Persons Files.
| ||||||
15 | (3) The Department of State Police shall provide notice of | ||||||
16 | the disqualification of a person under subsection (b) of this | ||||||
17 | Section or the revocation of a person's Firearm Owner's | ||||||
18 | Identification Card under Section 8 or Section 8.2 of this Act, | ||||||
19 | and the reason for the disqualification or revocation, to all | ||||||
20 | law enforcement agencies with jurisdiction to assist with the | ||||||
21 | seizure of the person's Firearm Owner's Identification Card. | ||||||
22 | (f) The Department of State Police shall adopt rules not | ||||||
23 | inconsistent with this Section to implement this
system.
| ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
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25 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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1 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
2 | of State Police has authority to deny an
application for or to | ||||||
3 | revoke and seize a Firearm Owner's Identification
Card | ||||||
4 | previously issued under this Act only if the Department finds | ||||||
5 | that the
applicant or the person to whom such card was issued | ||||||
6 | is or was at the time
of issuance:
| ||||||
7 | (a) A person under 21 years of age who has been | ||||||
8 | convicted of a
misdemeanor other than a traffic offense or | ||||||
9 | adjudged delinquent;
| ||||||
10 | (b) A person under 21 years of age who does not have | ||||||
11 | the written consent
of his parent or guardian to acquire | ||||||
12 | and possess firearms and firearm
ammunition, or whose | ||||||
13 | parent or guardian has revoked such written consent,
or | ||||||
14 | where such parent or guardian does not qualify to have a | ||||||
15 | Firearm Owner's
Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental health | ||||||
20 | facility within the
past 5 years or a person who has been a | ||||||
21 | patient in a mental health facility more than 5 years ago | ||||||
22 | who has not received the certification required under | ||||||
23 | subsection (u) of this Section. An active law enforcement | ||||||
24 | officer employed by a unit of government who is denied, | ||||||
25 | revoked, or has his or her Firearm Owner's Identification | ||||||
26 | Card seized under this subsection (e) may obtain relief as |
| |||||||
| |||||||
1 | described in subsection (c-5) of Section 10 of this Act if | ||||||
2 | the officer did not act in a manner threatening to the | ||||||
3 | officer, another person, or the public as determined by the | ||||||
4 | treating clinical psychologist or physician, and the | ||||||
5 | officer seeks mental health treatment;
| ||||||
6 | (f) A person whose mental condition is of such a nature | ||||||
7 | that it poses
a clear and present danger to the applicant, | ||||||
8 | any other person or persons or
the community;
| ||||||
9 | (g) A person who has an intellectual disability;
| ||||||
10 | (h) A person who intentionally makes a false statement | ||||||
11 | in the Firearm
Owner's Identification Card application;
| ||||||
12 | (i) An alien who is unlawfully present in
the United | ||||||
13 | States under the laws of the United States;
| ||||||
14 | (i-5) An alien who has been admitted to the United | ||||||
15 | States under a
non-immigrant visa (as that term is defined | ||||||
16 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
17 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
18 | (i-5) does not apply to any alien who has been lawfully | ||||||
19 | admitted to
the United States under a non-immigrant visa if | ||||||
20 | that alien is:
| ||||||
21 | (1) admitted to the United States for lawful | ||||||
22 | hunting or sporting purposes;
| ||||||
23 | (2) an official representative of a foreign | ||||||
24 | government who is:
| ||||||
25 | (A) accredited to the United States Government | ||||||
26 | or the Government's
mission to an international |
| |||||||
| |||||||
1 | organization having its headquarters in the United
| ||||||
2 | States; or
| ||||||
3 | (B) en route to or from another country to | ||||||
4 | which that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign visitor
who has been so | ||||||
7 | designated by the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a friendly | ||||||
9 | foreign government
entering the United States on | ||||||
10 | official business; or
| ||||||
11 | (5) one who has received a waiver from the Attorney | ||||||
12 | General of the United
States pursuant to 18 U.S.C. | ||||||
13 | 922(y)(3);
| ||||||
14 | (j) (Blank);
| ||||||
15 | (k) A person who has been convicted within the past 5 | ||||||
16 | years of battery,
assault, aggravated assault, violation | ||||||
17 | of an order of protection, or a
substantially similar | ||||||
18 | offense in another jurisdiction, in which a firearm was
| ||||||
19 | used or possessed;
| ||||||
20 | (l) A person who has been convicted of domestic | ||||||
21 | battery, aggravated domestic battery, or a substantially
| ||||||
22 | similar offense in another jurisdiction committed before, | ||||||
23 | on or after January 1, 2012 (the effective date of Public | ||||||
24 | Act 97-158). If the applicant or person who has been | ||||||
25 | previously issued a Firearm Owner's Identification Card | ||||||
26 | under this Act knowingly and intelligently waives the right |
| |||||||
| |||||||
1 | to have an offense described in this paragraph (l) tried by | ||||||
2 | a jury, and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic relationship | ||||||
4 | is not a required element of the offense but in which a | ||||||
5 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
6 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
7 | Procedure of 1963, an entry by the court of a judgment of | ||||||
8 | conviction for that offense shall be grounds for denying an | ||||||
9 | application for and for revoking and seizing a Firearm | ||||||
10 | Owner's Identification Card previously issued to the | ||||||
11 | person under this Act;
| ||||||
12 | (m) (Blank);
| ||||||
13 | (n) A person who is prohibited from acquiring or | ||||||
14 | possessing
firearms or firearm ammunition by any Illinois | ||||||
15 | State statute or by federal
law;
| ||||||
16 | (o) A minor subject to a petition filed under Section | ||||||
17 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
18 | minor is a delinquent minor for
the commission of an | ||||||
19 | offense that if committed by an adult would be a felony;
| ||||||
20 | (p) An adult who had been adjudicated a delinquent | ||||||
21 | minor under the Juvenile
Court Act of 1987 for the | ||||||
22 | commission of an offense that if committed by an
adult | ||||||
23 | would be a felony;
| ||||||
24 | (q) A person who is not a resident of the State of | ||||||
25 | Illinois, except as provided in subsection (a-10) of | ||||||
26 | Section 4; |
| |||||||
| |||||||
1 | (r) A person who has been adjudicated as a person with | ||||||
2 | a mental disability; | ||||||
3 | (s) A person who has been found to have a developmental | ||||||
4 | disability; | ||||||
5 | (t) A person involuntarily admitted into a mental | ||||||
6 | health facility; or | ||||||
7 | (u) A person who has had his or her Firearm Owner's | ||||||
8 | Identification Card revoked or denied under subsection (e) | ||||||
9 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
10 | (a) of Section 4 of this Act because he or she was a | ||||||
11 | patient in a mental health facility as provided in | ||||||
12 | subsection (e) of this Section, shall not be permitted to | ||||||
13 | obtain a Firearm Owner's Identification Card, after the | ||||||
14 | 5-year period has lapsed, unless he or she has received a | ||||||
15 | mental health evaluation by a physician, clinical | ||||||
16 | psychologist, or qualified examiner as those terms are | ||||||
17 | defined in the Mental Health and Developmental | ||||||
18 | Disabilities Code, and has received a certification that he | ||||||
19 | or she is not a clear and present danger to himself, | ||||||
20 | herself, or others. The physician, clinical psychologist, | ||||||
21 | or qualified examiner making the certification and his or | ||||||
22 | her employer shall not be held criminally, civilly, or | ||||||
23 | professionally liable for making or not making the | ||||||
24 | certification required under this subsection, except for | ||||||
25 | willful or wanton misconduct. This subsection does not | ||||||
26 | apply to a person whose firearm possession rights have been |
| |||||||
| |||||||
1 | restored through administrative or judicial action under | ||||||
2 | Section 10 or 11 of this Act ; or . | ||||||
3 | (v) A person who is under guardianship under the | ||||||
4 | Probate Act of 1975 because he or she is a person with a | ||||||
5 | disability as defined in Section 11a-2 of the Probate Act | ||||||
6 | of 1975. | ||||||
7 | Upon revocation of a person's Firearm Owner's | ||||||
8 | Identification Card, the Department of State Police shall | ||||||
9 | provide notice to the person within 7 business days and the | ||||||
10 | person shall comply with Section 9.5 of this Act. | ||||||
11 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
12 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
13 | (430 ILCS 65/8.4 new) | ||||||
14 | Sec. 8.4. Cancellation of Firearm Owner's Identification | ||||||
15 | Card. The Department of State Police may cancel a Firearm | ||||||
16 | Owner's Identification Card if a person is not prohibited by | ||||||
17 | State or federal law from acquiring or possessing a firearm or | ||||||
18 | firearm ammunition and the sole purpose is for an | ||||||
19 | administrative reason. Administrative reasons include, but are | ||||||
20 | not limited to: a person who surrenders his or her Illinois | ||||||
21 | drivers license or Illinois Identification Card to another | ||||||
22 | jurisdiction, death, or where a person's Firearm Owner's | ||||||
23 | Identification Card is reported as lost, stolen, or destroyed. | ||||||
24 | The Department of State Police may adopt rules necessary to | ||||||
25 | implement this Section. |
| |||||||
| |||||||
1 | (430 ILCS 65/9.5) | ||||||
2 | Sec. 9.5. Revocation or suspension of Firearm Owner's | ||||||
3 | Identification
Card. | ||||||
4 | (a) A person who receives a revocation or suspension notice | ||||||
5 | under Section 9 of this Act shall, within 48 hours of receiving | ||||||
6 | notice of the revocation or suspension : | ||||||
7 | (1) surrender his or her Firearm Owner's | ||||||
8 | Identification Card to the local law enforcement agency | ||||||
9 | where the person resides. The local law enforcement agency | ||||||
10 | shall provide the person a receipt and transmit the Firearm | ||||||
11 | Owner's Identification Card to the Department of State | ||||||
12 | Police; and | ||||||
13 | (2) complete a Firearm Disposition Record on a form | ||||||
14 | prescribed by the Department of State Police and place his | ||||||
15 | or her firearms in the location or with the person reported | ||||||
16 | in the Firearm Disposition Record. The form shall require | ||||||
17 | the person to disclose: | ||||||
18 | (A) the make, model, and serial number of each | ||||||
19 | firearm owned by or under the custody and control of | ||||||
20 | the revoked or suspended person; | ||||||
21 | (B) the location where each firearm will be | ||||||
22 | maintained during the prohibited term; and | ||||||
23 | (C) if any firearm will be transferred to the | ||||||
24 | custody of another person, the name, address and | ||||||
25 | Firearm Owner's Identification Card number of the |
| |||||||
| |||||||
1 | transferee. | ||||||
2 | (a-5) The Firearm Disposition Record shall contain a | ||||||
3 | statement to be signed by the transferee that the transferee: | ||||||
4 | (1) is aware of, and will abide by, current law | ||||||
5 | regarding the unlawful transfer of a firearm; | ||||||
6 | (2) is aware of the penalties for violating the law as | ||||||
7 | it pertains to unlawful transfer of a firearm; and | ||||||
8 | (3) intends to retain possession of the firearm or | ||||||
9 | firearms until it is determined that the transferor is | ||||||
10 | legally eligible to possess a firearm and has an active | ||||||
11 | Firearm Owners Identification Card, if applicable, or | ||||||
12 | until a new person is chosen to hold the firearm or | ||||||
13 | firearms. | ||||||
14 | (b) The local law enforcement agency shall provide a copy | ||||||
15 | of the Firearm Disposition Record to the person whose Firearm | ||||||
16 | Owner's Identification Card has been revoked or suspended, the | ||||||
17 | transferee, and to the Department of State Police. | ||||||
18 | (c) If the person whose Firearm Owner's Identification Card | ||||||
19 | has been revoked or suspended fails to comply with the | ||||||
20 | requirements of this Section, the sheriff or law enforcement | ||||||
21 | agency where the person resides may petition the circuit court | ||||||
22 | to issue a warrant to search for and seize the Firearm Owner's | ||||||
23 | Identification Card and firearms in the possession or under the | ||||||
24 | custody or control of the person whose Firearm Owner's | ||||||
25 | Identification Card has been revoked or suspended . | ||||||
26 | (d) A violation of subsection (a) of this Section is a |
| |||||||
| |||||||
1 | Class A misdemeanor. | ||||||
2 | (e) The observation of a Firearm Owner's Identification | ||||||
3 | Card in the possession of a person whose Firearm Owner's | ||||||
4 | Identification Card has been revoked or suspended constitutes a | ||||||
5 | sufficient basis for the arrest of that person for violation of | ||||||
6 | this Section. | ||||||
7 | (f) Within 30 days after the effective date of this | ||||||
8 | amendatory Act of the 98th General Assembly, the Department of | ||||||
9 | State Police shall provide written notice of the requirements | ||||||
10 | of this Section to persons whose Firearm Owner's Identification | ||||||
11 | Cards have been revoked, suspended, or expired and who have | ||||||
12 | failed to surrender their cards to the Department. | ||||||
13 | (g) A person whose Firearm Owner's Identification Card has | ||||||
14 | been revoked or suspended and who received notice under | ||||||
15 | subsection (f) shall comply with the requirements of this | ||||||
16 | Section within 48 hours of receiving notice.
| ||||||
17 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
18 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
19 | amended by changing Section 110-10 as follows:
| ||||||
20 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
21 | Sec. 110-10. Conditions of bail bond.
| ||||||
22 | (a) If a person is released prior to conviction, either | ||||||
23 | upon payment of
bail security or on his or her own | ||||||
24 | recognizance, the conditions of the bail
bond shall be that he |
| |||||||
| |||||||
1 | or she will:
| ||||||
2 | (1) Appear to answer the charge in the court having | ||||||
3 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
4 | the court until discharged or
final order of the court;
| ||||||
5 | (2) Submit himself or herself to the orders and process | ||||||
6 | of the court;
| ||||||
7 | (3) Not depart this State without leave of the court;
| ||||||
8 | (4) Not violate any criminal statute of any | ||||||
9 | jurisdiction;
| ||||||
10 | (5) At a time and place designated by the court, the | ||||||
11 | defendant shall physically surrender all firearms in his or | ||||||
12 | her possession to a law enforcement agency designated by | ||||||
13 | the court to take custody of and impound the firearms and | ||||||
14 | physically surrender his or her Firearm Owner's | ||||||
15 | Identification Card to the law enforcement agency as a | ||||||
16 | condition of remaining on bond pending sentencing | ||||||
17 | surrender all firearms
in his or her possession to a law | ||||||
18 | enforcement officer designated by the court
to take custody | ||||||
19 | of and impound the firearms
and physically
surrender his or | ||||||
20 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
21 | circuit court
when the offense the person has
been charged | ||||||
22 | with is a forcible felony, stalking, aggravated stalking, | ||||||
23 | domestic
battery, any violation of the Illinois Controlled | ||||||
24 | Substances Act, the Methamphetamine Control and Community | ||||||
25 | Protection Act, or the
Cannabis Control Act that is | ||||||
26 | classified as a Class 2 or greater felony, or any
felony |
| |||||||
| |||||||
1 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 , unless the defendant requests to | ||||||
3 | transfer his or her firearms under Section 9.5 of the | ||||||
4 | Firearm Owners Identification Card Act first. A defendant | ||||||
5 | whose Firearm Owner's Identification Card has been revoked | ||||||
6 | or suspended may petition the court to transfer the | ||||||
7 | respondent's firearm to a person who is lawfully able to | ||||||
8 | possess the firearm if the person does not reside at the | ||||||
9 | same address as the respondent. The transferee who receives | ||||||
10 | the respondent's firearms must swear or affirm by affidavit | ||||||
11 | that he or she shall not transfer the firearm to the | ||||||
12 | defendant or to anyone residing in the same residence as | ||||||
13 | the defendant, until the defendant's Firearm Owner's | ||||||
14 | Identification Card has been reinstated. The law | ||||||
15 | enforcement agency, upon transfer of the firearms, shall | ||||||
16 | require the defendant to complete a Firearm Disposition | ||||||
17 | Record under Section 9.5 of the Firearm Owners | ||||||
18 | Identification Card Act and provide a copy to the | ||||||
19 | Department of State Police along with the defendant's | ||||||
20 | Firearm Owner's Identification Card ; the court
may,
| ||||||
21 | however, forgo the imposition of this condition when the | ||||||
22 | defendant has provided proof to the court that he or she | ||||||
23 | has legally disposed or transferred his or her firearms and | ||||||
24 | returned his or her Firearm Owner's Identification Card to | ||||||
25 | the Department of State Police. If the court finds the | ||||||
26 | circumstances of the case clearly do not warrant it or when |
| |||||||
| |||||||
1 | its imposition would be impractical, the court shall | ||||||
2 | indicate on the record and in writing and the court's basis | ||||||
3 | for making the determination when the
circumstances of the
| ||||||
4 | case clearly do not warrant it or when its imposition would | ||||||
5 | be
impractical ;
all legally possessed firearms shall be | ||||||
6 | returned to the person upon proof being provided to the law | ||||||
7 | enforcement agency of the reinstatement of the person's | ||||||
8 | Firearm Owner's Identification Card; if the Firearm | ||||||
9 | Owner's Identification Card is confiscated, the clerk of | ||||||
10 | the circuit court shall mail the confiscated card to the | ||||||
11 | Illinois State Police; all legally possessed firearms | ||||||
12 | shall be returned to the person upon
the charges being | ||||||
13 | dismissed, or if the person is found not guilty, unless the
| ||||||
14 | finding of not guilty is by reason of insanity; and
| ||||||
15 | (6) At a time and place designated by the court, submit | ||||||
16 | to a
psychological
evaluation when the person has been | ||||||
17 | charged with a violation of item (4) of
subsection
(a) of | ||||||
18 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012 and that violation occurred in
a school
or in | ||||||
20 | any conveyance owned, leased, or contracted by a school to | ||||||
21 | transport
students to or
from school or a school-related | ||||||
22 | activity, or on any public way within 1,000
feet of real
| ||||||
23 | property comprising any school.
| ||||||
24 | Psychological evaluations ordered pursuant to this Section | ||||||
25 | shall be completed
promptly
and made available to the State, | ||||||
26 | the defendant, and the court. As a further
condition of bail |
| |||||||
| |||||||
1 | under
these circumstances, the court shall order the defendant | ||||||
2 | to refrain from
entering upon the
property of the school, | ||||||
3 | including any conveyance owned, leased, or contracted
by a | ||||||
4 | school to
transport students to or from school or a | ||||||
5 | school-related activity, or on any public way within
1,000 feet | ||||||
6 | of real property comprising any school. Upon receipt of the | ||||||
7 | psychological evaluation,
either the State or the defendant may | ||||||
8 | request a change in the conditions of bail, pursuant to
Section | ||||||
9 | 110-6 of this Code. The court may change the conditions of bail | ||||||
10 | to include a
requirement that the defendant follow the | ||||||
11 | recommendations of the psychological evaluation,
including | ||||||
12 | undergoing psychiatric treatment. The conclusions of the
| ||||||
13 | psychological evaluation and
any statements elicited from the | ||||||
14 | defendant during its administration are not
admissible as | ||||||
15 | evidence
of guilt during the course of any trial on the charged | ||||||
16 | offense, unless the
defendant places his or her
mental | ||||||
17 | competency in issue.
| ||||||
18 | (b) The court may impose other conditions, such as the | ||||||
19 | following, if the
court finds that such conditions are | ||||||
20 | reasonably necessary to assure the
defendant's appearance in | ||||||
21 | court, protect the public from the defendant, or
prevent the | ||||||
22 | defendant's unlawful interference with the orderly | ||||||
23 | administration
of justice:
| ||||||
24 | (1) Report to or appear in person before such person or | ||||||
25 | agency as the
court may direct;
| ||||||
26 | (2) Refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon;
| ||||||
2 | (3) Refrain from approaching or communicating with | ||||||
3 | particular persons or
classes of persons;
| ||||||
4 | (4) Refrain from going to certain described | ||||||
5 | geographical areas or
premises;
| ||||||
6 | (5) Refrain from engaging in certain activities or | ||||||
7 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
8 | (6) Undergo treatment for drug addiction or | ||||||
9 | alcoholism;
| ||||||
10 | (7) Undergo medical or psychiatric treatment;
| ||||||
11 | (8) Work or pursue a course of study or vocational | ||||||
12 | training;
| ||||||
13 | (9) Attend or reside in a facility designated by the | ||||||
14 | court;
| ||||||
15 | (10) Support his or her dependents;
| ||||||
16 | (11) If a minor resides with his or her parents or in a | ||||||
17 | foster home,
attend school, attend a non-residential | ||||||
18 | program for youths, and contribute
to his or her own | ||||||
19 | support at home or in a foster home;
| ||||||
20 | (12) Observe any curfew ordered by the court;
| ||||||
21 | (13) Remain in the custody of such designated person or | ||||||
22 | organization
agreeing to supervise his release. Such third | ||||||
23 | party custodian shall be
responsible for notifying the | ||||||
24 | court if the defendant fails to observe the
conditions of | ||||||
25 | release which the custodian has agreed to monitor, and | ||||||
26 | shall
be subject to contempt of court for failure so to |
| |||||||
| |||||||
1 | notify the court;
| ||||||
2 | (14) Be placed under direct supervision of the Pretrial | ||||||
3 | Services
Agency, Probation Department or Court Services | ||||||
4 | Department in a pretrial
bond home supervision capacity | ||||||
5 | with or without the use of an approved
electronic | ||||||
6 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
7 | Unified Code of Corrections;
| ||||||
8 | (14.1) The court shall impose upon a defendant who is | ||||||
9 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
10 | controlled substance violation and is placed under
direct | ||||||
11 | supervision of the Pretrial Services Agency, Probation | ||||||
12 | Department or
Court Services Department in a pretrial bond | ||||||
13 | home supervision capacity with
the use of an approved | ||||||
14 | monitoring device, as a condition of such bail bond,
a fee | ||||||
15 | that represents costs incidental to the electronic | ||||||
16 | monitoring for each
day of such bail supervision ordered by | ||||||
17 | the
court, unless after determining the inability of the | ||||||
18 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
19 | or no fee as the case may be. The fee
shall be collected by | ||||||
20 | the clerk of the circuit court, except as provided in an | ||||||
21 | administrative order of the Chief Judge of the circuit | ||||||
22 | court. The clerk of the
circuit court shall pay all monies | ||||||
23 | collected from this fee to the county
treasurer for deposit | ||||||
24 | in the substance abuse services fund under Section
5-1086.1 | ||||||
25 | of the Counties Code, except as provided in an | ||||||
26 | administrative order of the Chief Judge of the circuit |
| |||||||
| |||||||
1 | court. | ||||||
2 | The Chief Judge of the circuit court of the county may | ||||||
3 | by administrative order establish a program for electronic | ||||||
4 | monitoring of offenders with regard to drug-related and | ||||||
5 | alcohol-related offenses, in which a vendor supplies and | ||||||
6 | monitors the operation of the electronic monitoring | ||||||
7 | device, and collects the fees on behalf of the county. The | ||||||
8 | program shall include provisions for indigent offenders | ||||||
9 | and the collection of unpaid fees. The program shall not | ||||||
10 | unduly burden the offender and shall be subject to review | ||||||
11 | by the Chief Judge. | ||||||
12 | The Chief Judge of the circuit court may suspend any | ||||||
13 | additional charges or fees for late payment, interest, or | ||||||
14 | damage to any device;
| ||||||
15 | (14.2) The court shall impose upon all defendants, | ||||||
16 | including those
defendants subject to paragraph (14.1) | ||||||
17 | above, placed under direct supervision
of the Pretrial | ||||||
18 | Services Agency, Probation Department or Court Services
| ||||||
19 | Department in a pretrial bond home supervision capacity | ||||||
20 | with the use of an
approved monitoring device, as a | ||||||
21 | condition of such bail bond, a fee
which shall represent | ||||||
22 | costs incidental to such
electronic monitoring for each day | ||||||
23 | of such bail supervision ordered by the
court, unless after | ||||||
24 | determining the inability of the defendant to pay the fee,
| ||||||
25 | the court assesses a lesser fee or no fee as the case may | ||||||
26 | be. The fee shall be
collected by the clerk of the circuit |
| |||||||
| |||||||
1 | court, except as provided in an administrative order of the | ||||||
2 | Chief Judge of the circuit court. The clerk of the circuit | ||||||
3 | court
shall pay all monies collected from this fee to the | ||||||
4 | county treasurer who shall
use the monies collected to | ||||||
5 | defray the costs of corrections. The county
treasurer shall | ||||||
6 | deposit the fee collected in the county working cash fund | ||||||
7 | under
Section 6-27001 or Section 6-29002 of the Counties | ||||||
8 | Code, as the case may
be, except as provided in an | ||||||
9 | administrative order of the Chief Judge of the circuit | ||||||
10 | court. | ||||||
11 | The Chief Judge of the circuit court of the county may | ||||||
12 | by administrative order establish a program for electronic | ||||||
13 | monitoring of offenders with regard to drug-related and | ||||||
14 | alcohol-related offenses, in which a vendor supplies and | ||||||
15 | monitors the operation of the electronic monitoring | ||||||
16 | device, and collects the fees on behalf of the county. The | ||||||
17 | program shall include provisions for indigent offenders | ||||||
18 | and the collection of unpaid fees. The program shall not | ||||||
19 | unduly burden the offender and shall be subject to review | ||||||
20 | by the Chief Judge. | ||||||
21 | The Chief Judge of the circuit court may suspend any | ||||||
22 | additional charges or fees for late payment, interest, or | ||||||
23 | damage to any device;
| ||||||
24 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
25 | establish reasonable
fees to be paid by a person receiving | ||||||
26 | pretrial services while under supervision
of a pretrial |
| |||||||
| |||||||
1 | services agency, probation department, or court services
| ||||||
2 | department. Reasonable fees may be charged for pretrial | ||||||
3 | services
including, but not limited to, pretrial | ||||||
4 | supervision, diversion programs,
electronic monitoring, | ||||||
5 | victim impact services, drug and alcohol testing, DNA | ||||||
6 | testing, GPS electronic monitoring, assessments and | ||||||
7 | evaluations related to domestic violence and other | ||||||
8 | victims, and
victim mediation services. The person | ||||||
9 | receiving pretrial services may be
ordered to pay all costs | ||||||
10 | incidental to pretrial services in accordance with his
or | ||||||
11 | her ability to pay those costs;
| ||||||
12 | (14.4) For persons charged with violating Section | ||||||
13 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
14 | a motor vehicle not equipped with an
ignition interlock | ||||||
15 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
16 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
17 | Secretary of State for the
installation of ignition
| ||||||
18 | interlock devices. Under this condition the court may allow | ||||||
19 | a defendant who is
not
self-employed to operate a vehicle | ||||||
20 | owned by the defendant's employer that is
not equipped with | ||||||
21 | an ignition interlock device in the course and scope of the
| ||||||
22 | defendant's employment;
| ||||||
23 | (15) Comply with the terms and conditions of an order | ||||||
24 | of protection
issued by the court under the Illinois | ||||||
25 | Domestic Violence Act of 1986 or an
order of protection | ||||||
26 | issued by the court of another state, tribe, or United
|
| |||||||
| |||||||
1 | States territory;
| ||||||
2 | (16) Under Section 110-6.5 comply with the conditions | ||||||
3 | of the drug testing
program; and
| ||||||
4 | (17) Such other reasonable conditions as the court may | ||||||
5 | impose.
| ||||||
6 | (c) When a person is charged with an offense under Section | ||||||
7 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
8 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
10 | 18 years of age living in the same household with the defendant
| ||||||
11 | at the time of the offense, in granting bail or releasing the | ||||||
12 | defendant on
his own recognizance, the judge shall impose | ||||||
13 | conditions to restrict the
defendant's access to the victim | ||||||
14 | which may include, but are not limited to
conditions that he | ||||||
15 | will:
| ||||||
16 | 1. Vacate the household.
| ||||||
17 | 2. Make payment of temporary support to his dependents.
| ||||||
18 | 3. Refrain from contact or communication with the child | ||||||
19 | victim, except
as ordered by the court.
| ||||||
20 | (d) When a person is charged with a criminal offense and | ||||||
21 | the victim is
a family or household member as defined in | ||||||
22 | Article 112A, conditions shall
be imposed at the time of the | ||||||
23 | defendant's release on bond that restrict the
defendant's | ||||||
24 | access to the victim.
Unless provided otherwise by the court, | ||||||
25 | the
restrictions shall include
requirements that the defendant | ||||||
26 | do the following:
|
| |||||||
| |||||||
1 | (1) refrain from contact or communication with the | ||||||
2 | victim for a
minimum period of 72 hours following the | ||||||
3 | defendant's release; and
| ||||||
4 | (2) refrain from entering or remaining at the victim's | ||||||
5 | residence for a
minimum period of 72 hours following the | ||||||
6 | defendant's release.
| ||||||
7 | (e) Local law enforcement agencies shall develop | ||||||
8 | standardized bond forms
for use in cases involving family or | ||||||
9 | household members as defined in
Article 112A, including | ||||||
10 | specific conditions of bond as provided in
subsection (d). | ||||||
11 | Failure of any law enforcement department to develop or use
| ||||||
12 | those forms shall in no way limit the applicability and | ||||||
13 | enforcement of
subsections (d) and (f).
| ||||||
14 | (f) If the defendant is admitted to bail after conviction | ||||||
15 | the
conditions of the bail bond shall be that he will, in | ||||||
16 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
17 | hereof:
| ||||||
18 | (1) Duly prosecute his appeal;
| ||||||
19 | (2) Appear at such time and place as the court may | ||||||
20 | direct;
| ||||||
21 | (3) Not depart this State without leave of the court;
| ||||||
22 | (4) Comply with such other reasonable conditions as the | ||||||
23 | court may
impose; and
| ||||||
24 | (5) If the judgment is affirmed or the cause reversed | ||||||
25 | and remanded
for a new trial, forthwith surrender to the | ||||||
26 | officer from whose custody
he was bailed.
|
| |||||||
| |||||||
1 | (g) Upon a finding of guilty for any felony offense, the | ||||||
2 | defendant shall physically surrender, at a time and place | ||||||
3 | designated by the court, all firearms in his or her possession | ||||||
4 | to a law enforcement officer designated by the court to take | ||||||
5 | custody of and impound the firearms and physically surrender | ||||||
6 | his or her Firearm Owner's Identification Card to the law | ||||||
7 | enforcement agency as a condition of remaining on bond pending | ||||||
8 | sentencing, unless the defendant requests to transfer his or | ||||||
9 | her firearms under Section 9.5 of the Firearm Owners | ||||||
10 | Identification Card Act first. A defendant whose Firearm | ||||||
11 | Owner's Identification Card has been revoked or suspended may | ||||||
12 | petition the court to transfer the respondent's firearm to a | ||||||
13 | person who is lawfully able to possess the firearm if the | ||||||
14 | person does not reside at the same address as the respondent. | ||||||
15 | The transferee who receives the respondent's firearms must | ||||||
16 | swear or affirm by affidavit that he or she shall not transfer | ||||||
17 | the firearm to the defendant or to anyone residing in the same | ||||||
18 | residence as the defendant, until the defendant's Firearm | ||||||
19 | Owner's Identification Card has been reinstated. The law | ||||||
20 | enforcement agency, upon transfer of the firearms, shall | ||||||
21 | require the defendant to complete a Firearm Disposition Record | ||||||
22 | under Section 9.5 of the Firearm Owners Identification Card Act | ||||||
23 | and provide a copy to the Department of State Police along with | ||||||
24 | the defendant's Firearm Owner's Identification Card the | ||||||
25 | defendant shall
physically surrender, at a time and place | ||||||
26 | designated by the court,
any and all firearms in his or her |
| |||||||
| |||||||
1 | possession and his or her Firearm Owner's
Identification Card | ||||||
2 | as a condition of remaining on bond pending sentencing.
| ||||||
3 | (h) Upon indictment for any felony offense, the defendant | ||||||
4 | shall physically surrender, at a time and place designated by | ||||||
5 | the court, all firearms in his or her possession to a law | ||||||
6 | enforcement officer designated by the court to take custody of | ||||||
7 | and impound the firearms and physically surrender his or her | ||||||
8 | Firearm Owner's Identification Card to the law enforcement | ||||||
9 | agency as a condition of remaining on bond pending sentencing, | ||||||
10 | unless the defendant requests to transfer his or her firearms | ||||||
11 | under Section 9.5 of the Firearm Owners Identification Card Act | ||||||
12 | first. A defendant whose Firearm Owner's Identification Card | ||||||
13 | has been revoked or suspended may petition the court to | ||||||
14 | transfer the respondent's firearm to a person who is lawfully | ||||||
15 | able to possess the firearm if the person does not reside at | ||||||
16 | the same address as the respondent. The transferee who receives | ||||||
17 | the respondent's firearms must swear or affirm by affidavit | ||||||
18 | that he or she shall not transfer the firearm to the defendant | ||||||
19 | or to anyone residing in the same residence as the defendant, | ||||||
20 | until the defendant's Firearm Owner's Identification Card has | ||||||
21 | been reinstated. The law enforcement agency upon transfer of | ||||||
22 | the firearms shall require the defendant to complete a Firearm | ||||||
23 | Disposition Record under Section 9.5 of the Firearm Owners | ||||||
24 | Identification Card Act and provide a copy to the Department of | ||||||
25 | State Police along with the defendants Firearm Owner's | ||||||
26 | Identification Card. All legally possessed firearms shall be |
| |||||||
| |||||||
1 | returned to the person upon proof being provided to the law | ||||||
2 | enforcement agency of the reinstatement of the person's Firearm | ||||||
3 | Owner's Identification Card. | ||||||
4 | (Source: P.A. 99-797, eff. 8-12-16.)
| ||||||
5 | Section 25. The Unified Code of Corrections is amended by | ||||||
6 | changing Section 5-6-3 as follows: | ||||||
7 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
8 | (Text of Section before amendment by P.A. 100-987 ) | ||||||
9 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
10 | discharge.
| ||||||
11 | (a) The conditions of probation and of conditional | ||||||
12 | discharge shall be
that the person:
| ||||||
13 | (1) not violate any criminal statute of any | ||||||
14 | jurisdiction;
| ||||||
15 | (2) report to or appear in person before such person or | ||||||
16 | agency as
directed by the court;
| ||||||
17 | (3) refrain from possessing a firearm or other | ||||||
18 | dangerous weapon where the offense is a felony or, if a | ||||||
19 | misdemeanor, the offense involved the intentional or | ||||||
20 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
21 | (4) not leave the State without the consent of the | ||||||
22 | court or, in
circumstances in which the reason for the | ||||||
23 | absence is of such an emergency
nature that prior consent | ||||||
24 | by the court is not possible, without the prior
|
| |||||||
| |||||||
1 | notification and approval of the person's probation
| ||||||
2 | officer. Transfer of a person's probation or conditional | ||||||
3 | discharge
supervision to another state is subject to | ||||||
4 | acceptance by the other state
pursuant to the Interstate | ||||||
5 | Compact for Adult Offender Supervision;
| ||||||
6 | (5) permit the probation officer to visit
him at his | ||||||
7 | home or elsewhere
to the extent necessary to discharge his | ||||||
8 | duties;
| ||||||
9 | (6) perform no less than 30 hours of community service | ||||||
10 | and not more than
120 hours of community service, if | ||||||
11 | community service is available in the
jurisdiction and is | ||||||
12 | funded and approved by the county board where the offense
| ||||||
13 | was committed, where the offense was related to or in | ||||||
14 | furtherance of the
criminal activities of an organized gang | ||||||
15 | and was motivated by the offender's
membership in or | ||||||
16 | allegiance to an organized gang. The community service | ||||||
17 | shall
include, but not be limited to, the cleanup and | ||||||
18 | repair of any damage caused by
a violation of Section | ||||||
19 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012 and similar damage
to property located within the | ||||||
21 | municipality or county in which the violation
occurred. | ||||||
22 | When possible and reasonable, the community service should | ||||||
23 | be
performed in the offender's neighborhood. For purposes | ||||||
24 | of this Section,
"organized gang" has the meaning ascribed | ||||||
25 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
26 | Omnibus Prevention Act. The court may give credit toward |
| |||||||
| |||||||
1 | the fulfillment of community service hours for | ||||||
2 | participation in activities and treatment as determined by | ||||||
3 | court services;
| ||||||
4 | (7) if he or she is at least 17 years of age and has | ||||||
5 | been sentenced to
probation or conditional discharge for a | ||||||
6 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
7 | inhabitants and has not been previously convicted of a
| ||||||
8 | misdemeanor or felony, may be required by the sentencing | ||||||
9 | court to attend
educational courses designed to prepare the | ||||||
10 | defendant for a high school diploma
and to work toward a | ||||||
11 | high school diploma or to work toward passing high school | ||||||
12 | equivalency testing or to work toward
completing a | ||||||
13 | vocational training program approved by the court. The | ||||||
14 | person on
probation or conditional discharge must attend a | ||||||
15 | public institution of
education to obtain the educational | ||||||
16 | or vocational training required by this paragraph
(7). The | ||||||
17 | court shall revoke the probation or conditional discharge | ||||||
18 | of a
person who wilfully fails to comply with this | ||||||
19 | paragraph (7). The person on
probation or conditional | ||||||
20 | discharge shall be required to pay for the cost of the
| ||||||
21 | educational courses or high school equivalency testing if a | ||||||
22 | fee is charged for those courses or testing. The court | ||||||
23 | shall resentence the offender whose probation or | ||||||
24 | conditional
discharge has been revoked as provided in | ||||||
25 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
26 | person who has a high school diploma or has successfully |
| |||||||
| |||||||
1 | passed high school equivalency testing. This paragraph (7) | ||||||
2 | does not apply to a person who is determined by
the court | ||||||
3 | to be a person with a developmental disability or otherwise | ||||||
4 | mentally incapable of
completing the educational or | ||||||
5 | vocational program;
| ||||||
6 | (8) if convicted of possession of a substance | ||||||
7 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
8 | Controlled Substances Act, or the Methamphetamine Control | ||||||
9 | and Community Protection Act
after a previous conviction or | ||||||
10 | disposition of supervision for possession of a
substance | ||||||
11 | prohibited by the Cannabis Control Act or Illinois | ||||||
12 | Controlled
Substances Act or after a sentence of probation | ||||||
13 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
14 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
15 | the Methamphetamine Control and Community Protection Act | ||||||
16 | and upon a
finding by the court that the person is | ||||||
17 | addicted, undergo treatment at a
substance abuse program | ||||||
18 | approved by the court;
| ||||||
19 | (8.5) if convicted of a felony sex offense as defined | ||||||
20 | in the Sex
Offender
Management Board Act, the person shall | ||||||
21 | undergo and successfully complete sex
offender treatment | ||||||
22 | by a treatment provider approved by the Board and conducted
| ||||||
23 | in conformance with the standards developed under the Sex
| ||||||
24 | Offender Management Board Act;
| ||||||
25 | (8.6) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Management Board Act, refrain from residing at |
| |||||||
| |||||||
1 | the same address or in the same condominium unit or | ||||||
2 | apartment unit or in the same condominium complex or | ||||||
3 | apartment complex with another person he or she knows or | ||||||
4 | reasonably should know is a convicted sex offender or has | ||||||
5 | been placed on supervision for a sex offense; the | ||||||
6 | provisions of this paragraph do not apply to a person | ||||||
7 | convicted of a sex offense who is placed in a Department of | ||||||
8 | Corrections licensed transitional housing facility for sex | ||||||
9 | offenders; | ||||||
10 | (8.7) if convicted for an offense committed on or after | ||||||
11 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
12 | would qualify the accused as a child sex offender as | ||||||
13 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012, refrain from | ||||||
15 | communicating with or contacting, by means of the Internet, | ||||||
16 | a person who is not related to the accused and whom the | ||||||
17 | accused reasonably believes to be under 18 years of age; | ||||||
18 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
19 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
20 | Code of 2012; and a person is not related to the accused if | ||||||
21 | the person is not: (i) the spouse, brother, or sister of | ||||||
22 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
23 | first or second cousin of the accused; or (iv) a step-child | ||||||
24 | or adopted child of the accused; | ||||||
25 | (8.8) if convicted for an offense under Section 11-6, | ||||||
26 | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
| |||||||
| |||||||
1 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | or any attempt to commit any of these offenses, committed | ||||||
4 | on or after June 1, 2009 (the effective date of Public Act | ||||||
5 | 95-983): | ||||||
6 | (i) not access or use a computer or any other | ||||||
7 | device with Internet capability without the prior | ||||||
8 | written approval of the offender's probation officer, | ||||||
9 | except in connection with the offender's employment or | ||||||
10 | search for employment with the prior approval of the | ||||||
11 | offender's probation officer; | ||||||
12 | (ii) submit to periodic unannounced examinations | ||||||
13 | of the offender's computer or any other device with | ||||||
14 | Internet capability by the offender's probation | ||||||
15 | officer, a law enforcement officer, or assigned | ||||||
16 | computer or information technology specialist, | ||||||
17 | including the retrieval and copying of all data from | ||||||
18 | the computer or device and any internal or external | ||||||
19 | peripherals and removal of such information, | ||||||
20 | equipment, or device to conduct a more thorough | ||||||
21 | inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or software | ||||||
25 | systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the offender's probation officer; | ||||||
4 | (8.9) if convicted of a sex offense as defined in the | ||||||
5 | Sex Offender
Registration Act committed on or after January | ||||||
6 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
7 | from accessing or using a social networking website as | ||||||
8 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
9 | (9) if convicted of a felony or of any misdemeanor | ||||||
10 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
11 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
13 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
14 | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | ||||||
15 | physically surrender, at a time and place designated by the | ||||||
16 | court, all firearms in his or her possession to a law | ||||||
17 | enforcement officer designated by the court to take custody | ||||||
18 | of and impound the firearms and physically surrender his or | ||||||
19 | her Firearm Owner's Identification Card to the law | ||||||
20 | enforcement agency as a condition of remaining on bond | ||||||
21 | pending sentencing, unless the defendant requests to | ||||||
22 | transfer his or her firearms under Section 9.5 of the | ||||||
23 | Firearm Owners Identification Card Act first. A defendant | ||||||
24 | whose Firearm Owner's Identification Card has been revoked | ||||||
25 | or suspended may petition the court to transfer the | ||||||
26 | respondent's firearm to a person who is lawfully able to |
| |||||||
| |||||||
1 | possess the firearm if the person does not reside at the | ||||||
2 | same address as the respondent. The transferee who receives | ||||||
3 | the respondent's firearms must swear or affirm by affidavit | ||||||
4 | that he or she shall not transfer the firearm to the | ||||||
5 | defendant or to anyone residing in the same residence as | ||||||
6 | the defendant, until the defendant's Firearm Owner's | ||||||
7 | Identification Card has been reinstated. The law | ||||||
8 | enforcement agency, upon transfer of the firearms, shall | ||||||
9 | require the defendant to complete a Firearm Disposition | ||||||
10 | Record under Section 9.5 of the Firearm Owner's | ||||||
11 | Identification Card Act and provide a copy to the | ||||||
12 | Department of State Police along with the defendants | ||||||
13 | Firearm Owner's Identification Card physically surrender | ||||||
14 | at a time and place
designated by the court, his or her | ||||||
15 | Firearm
Owner's Identification Card and
any and all | ||||||
16 | firearms in
his or her possession. The Court shall return | ||||||
17 | to the Department of State Police Firearm Owner's | ||||||
18 | Identification Card Office the person's Firearm Owner's | ||||||
19 | Identification Card ;
| ||||||
20 | (10) if convicted of a sex offense as defined in | ||||||
21 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
22 | offender is a parent or guardian of the person under 18 | ||||||
23 | years of age present in the home and no non-familial minors | ||||||
24 | are present, not participate in a holiday event involving | ||||||
25 | children under 18 years of age, such as distributing candy | ||||||
26 | or other items to children on Halloween, wearing a Santa |
| |||||||
| |||||||
1 | Claus costume on or preceding Christmas, being employed as | ||||||
2 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
3 | costume on or preceding Easter; | ||||||
4 | (11) if convicted of a sex offense as defined in | ||||||
5 | Section 2 of the Sex Offender Registration Act committed on | ||||||
6 | or after January 1, 2010 (the effective date of Public Act | ||||||
7 | 96-362) that requires the person to register as a sex | ||||||
8 | offender under that Act, may not knowingly use any computer | ||||||
9 | scrub software on any computer that the sex offender uses; | ||||||
10 | (12) if convicted of a violation of the Methamphetamine | ||||||
11 | Control and Community Protection Act, the Methamphetamine
| ||||||
12 | Precursor Control Act, or a methamphetamine related | ||||||
13 | offense: | ||||||
14 | (A) prohibited from purchasing, possessing, or | ||||||
15 | having under his or her control any product containing | ||||||
16 | pseudoephedrine unless prescribed by a physician; and | ||||||
17 | (B) prohibited from purchasing, possessing, or | ||||||
18 | having under his or her control any product containing | ||||||
19 | ammonium nitrate; and | ||||||
20 | (13) if convicted of a hate crime involving the | ||||||
21 | protected class identified in subsection (a) of Section | ||||||
22 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
23 | offense the offender committed, perform public or | ||||||
24 | community service of no less than 200 hours and enroll in | ||||||
25 | an educational program discouraging hate crimes that | ||||||
26 | includes racial, ethnic, and cultural sensitivity training |
| |||||||
| |||||||
1 | ordered by the court ; . | ||||||
2 | (14) if convicted of a felony, the defendant shall | ||||||
3 | physically surrender, at a time and place designated by the | ||||||
4 | court, all firearms in his or her possession to a law | ||||||
5 | enforcement officer designated by the court to take custody | ||||||
6 | of and impound the firearms and physically surrender his or | ||||||
7 | her Firearm Owner's Identification Card to the law | ||||||
8 | enforcement agency as a condition of remaining on bond | ||||||
9 | pending sentencing, unless the defendant requests to | ||||||
10 | transfer his or her firearms under Section 9.5 of the | ||||||
11 | Firearm Owners Identification Card Act first. A defendant | ||||||
12 | whose Firearm Owner's Identification Card has been revoked | ||||||
13 | or suspended may petition the court to transfer the | ||||||
14 | respondent's firearm to a person who is lawfully able to | ||||||
15 | possess the firearm if the person does not reside at the | ||||||
16 | same address as the respondent. The transferee who receives | ||||||
17 | the respondent's firearms must swear or affirm by affidavit | ||||||
18 | that he or she shall not transfer the firearm to the | ||||||
19 | defendant or to anyone residing in the same residence as | ||||||
20 | the defendant, until the defendant's Firearm Owner's | ||||||
21 | Identification Card has been reinstated. The law | ||||||
22 | enforcement agency, upon transfer of the firearms, shall | ||||||
23 | require the defendant to complete a Firearm Disposition | ||||||
24 | Record under Section 9.5 of the Firearm Owners | ||||||
25 | Identification Card Act and provide a copy to the | ||||||
26 | Department of State Police along with the defendants |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card; and | ||||||
2 | (15) if the person is under 21 years of age who has | ||||||
3 | been convicted of a misdemeanor offense other than a | ||||||
4 | traffic offense, the defendant shall physically surrender, | ||||||
5 | at a time and place designated by the court, all firearms | ||||||
6 | in his or her possession to a law enforcement officer | ||||||
7 | designated by the court to take custody of and impound the | ||||||
8 | firearms and physically surrender his or her Firearm | ||||||
9 | Owner's Identification Card to the law enforcement agency | ||||||
10 | as a condition of remaining on bond pending sentencing, | ||||||
11 | unless the defendant requests to transfer his or her | ||||||
12 | firearms under Section 9.5 of the Firearm Owners | ||||||
13 | Identification Card Act first. A defendant whose Firearm | ||||||
14 | Owner's Identification Card has been revoked or suspended | ||||||
15 | may petition the court to transfer the respondent's firearm | ||||||
16 | to a person who is lawfully able to possess the firearm if | ||||||
17 | the person does not reside at the same address as the | ||||||
18 | respondent. The transferee who receives the respondent's | ||||||
19 | firearms must swear or affirm by affidavit that he or she | ||||||
20 | shall not transfer the firearm to the defendant or to | ||||||
21 | anyone residing in the same residence as the defendant, | ||||||
22 | until the defendant's Firearm Owner's Identification Card | ||||||
23 | has been reinstated. The law enforcement agency, upon | ||||||
24 | transfer of the firearms, shall require the defendant to | ||||||
25 | complete a Firearm Disposition Record under Section 9.5 of | ||||||
26 | the Firearm Owners Identification Card Act and provide a |
| |||||||
| |||||||
1 | copy to the Department of State Police along with the | ||||||
2 | defendants Firearm Owner's Identification Card. | ||||||
3 | (b) The Court may in addition to other reasonable | ||||||
4 | conditions relating to the
nature of the offense or the | ||||||
5 | rehabilitation of the defendant as determined for
each | ||||||
6 | defendant in the proper discretion of the Court require that | ||||||
7 | the person:
| ||||||
8 | (1) serve a term of periodic imprisonment under Article | ||||||
9 | 7 for a
period not to exceed that specified in paragraph | ||||||
10 | (d) of Section 5-7-1;
| ||||||
11 | (2) pay a fine and costs;
| ||||||
12 | (3) work or pursue a course of study or vocational | ||||||
13 | training;
| ||||||
14 | (4) undergo medical, psychological or psychiatric | ||||||
15 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
16 | (5) attend or reside in a facility established for the | ||||||
17 | instruction
or residence of defendants on probation;
| ||||||
18 | (6) support his dependents;
| ||||||
19 | (7) and in addition, if a minor:
| ||||||
20 | (i) reside with his parents or in a foster home;
| ||||||
21 | (ii) attend school;
| ||||||
22 | (iii) attend a non-residential program for youth;
| ||||||
23 | (iv) contribute to his own support at home or in a | ||||||
24 | foster home;
| ||||||
25 | (v) with the consent of the superintendent of the
| ||||||
26 | facility, attend an educational program at a facility |
| |||||||
| |||||||
1 | other than the school
in which the
offense was | ||||||
2 | committed if he
or she is convicted of a crime of | ||||||
3 | violence as
defined in
Section 2 of the Crime Victims | ||||||
4 | Compensation Act committed in a school, on the
real
| ||||||
5 | property
comprising a school, or within 1,000 feet of | ||||||
6 | the real property comprising a
school;
| ||||||
7 | (8) make restitution as provided in Section 5-5-6 of | ||||||
8 | this Code;
| ||||||
9 | (9) perform some reasonable public or community | ||||||
10 | service;
| ||||||
11 | (10) serve a term of home confinement. In addition to | ||||||
12 | any other
applicable condition of probation or conditional | ||||||
13 | discharge, the
conditions of home confinement shall be that | ||||||
14 | the offender:
| ||||||
15 | (i) remain within the interior premises of the | ||||||
16 | place designated for
his confinement during the hours | ||||||
17 | designated by the court;
| ||||||
18 | (ii) admit any person or agent designated by the | ||||||
19 | court into the
offender's place of confinement at any | ||||||
20 | time for purposes of verifying
the offender's | ||||||
21 | compliance with the conditions of his confinement; and
| ||||||
22 | (iii) if further deemed necessary by the court or | ||||||
23 | the
Probation or
Court Services Department, be placed | ||||||
24 | on an approved
electronic monitoring device, subject | ||||||
25 | to Article 8A of Chapter V;
| ||||||
26 | (iv) for persons convicted of any alcohol, |
| |||||||
| |||||||
1 | cannabis or controlled
substance violation who are | ||||||
2 | placed on an approved monitoring device as a
condition | ||||||
3 | of probation or conditional discharge, the court shall | ||||||
4 | impose a
reasonable fee for each day of the use of the | ||||||
5 | device, as established by the
county board in | ||||||
6 | subsection (g) of this Section, unless after | ||||||
7 | determining the
inability of the offender to pay the | ||||||
8 | fee, the court assesses a lesser fee or no
fee as the | ||||||
9 | case may be. This fee shall be imposed in addition to | ||||||
10 | the fees
imposed under subsections (g) and (i) of this | ||||||
11 | Section. The fee shall be
collected by the clerk of the | ||||||
12 | circuit court, except as provided in an administrative | ||||||
13 | order of the Chief Judge of the circuit court. The | ||||||
14 | clerk of the circuit
court shall pay all monies | ||||||
15 | collected from this fee to the county treasurer
for | ||||||
16 | deposit in the substance abuse services fund under | ||||||
17 | Section 5-1086.1 of
the Counties Code, except as | ||||||
18 | provided in an administrative order of the Chief Judge | ||||||
19 | of the circuit court. | ||||||
20 | The Chief Judge of the circuit court of the county | ||||||
21 | may by administrative order establish a program for | ||||||
22 | electronic monitoring of offenders, in which a vendor | ||||||
23 | supplies and monitors the operation of the electronic | ||||||
24 | monitoring device, and collects the fees on behalf of | ||||||
25 | the county. The program shall include provisions for | ||||||
26 | indigent offenders and the collection of unpaid fees. |
| |||||||
| |||||||
1 | The program shall not unduly burden the offender and | ||||||
2 | shall be subject to review by the Chief Judge. | ||||||
3 | The Chief Judge of the circuit court may suspend | ||||||
4 | any additional charges or fees for late payment, | ||||||
5 | interest, or damage to any device; and
| ||||||
6 | (v) for persons convicted of offenses other than | ||||||
7 | those referenced in
clause (iv) above and who are | ||||||
8 | placed on an approved monitoring device as a
condition | ||||||
9 | of probation or conditional discharge, the court shall | ||||||
10 | impose
a reasonable fee for each day of the use of the | ||||||
11 | device, as established by the
county board in | ||||||
12 | subsection (g) of this Section, unless after | ||||||
13 | determining the
inability of the defendant to pay the | ||||||
14 | fee, the court assesses a lesser fee or
no fee as the | ||||||
15 | case may be. This fee shall be imposed in addition to | ||||||
16 | the fees
imposed under subsections (g) and (i) of this | ||||||
17 | Section. The fee
shall be collected by the clerk of the | ||||||
18 | circuit court, except as provided in an administrative | ||||||
19 | order of the Chief Judge of the circuit court. The | ||||||
20 | clerk of the circuit
court shall pay all monies | ||||||
21 | collected from this fee
to the county treasurer who | ||||||
22 | shall use the monies collected to defray the
costs of | ||||||
23 | corrections. The county treasurer shall deposit the | ||||||
24 | fee
collected in the probation and court services fund.
| ||||||
25 | The Chief Judge of the circuit court of the county may | ||||||
26 | by administrative order establish a program for |
| |||||||
| |||||||
1 | electronic monitoring of offenders, in which a vendor | ||||||
2 | supplies and monitors the operation of the electronic | ||||||
3 | monitoring device, and collects the fees on behalf of | ||||||
4 | the county. The program shall include provisions for | ||||||
5 | indigent offenders and the collection of unpaid fees. | ||||||
6 | The program shall not unduly burden the offender and | ||||||
7 | shall be subject to review by the Chief Judge.
| ||||||
8 | The Chief Judge of the circuit court may suspend | ||||||
9 | any additional charges or fees for late payment, | ||||||
10 | interest, or damage to any device. | ||||||
11 | (11) comply with the terms and conditions of an order | ||||||
12 | of protection issued
by the court pursuant to the Illinois | ||||||
13 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
14 | or an order of protection issued by the court of
another | ||||||
15 | state, tribe, or United States territory. A copy of the | ||||||
16 | order of
protection shall be
transmitted to the probation | ||||||
17 | officer or agency
having responsibility for the case;
| ||||||
18 | (12) reimburse any "local anti-crime program" as | ||||||
19 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
20 | for any reasonable expenses incurred
by the program on the | ||||||
21 | offender's case, not to exceed the maximum amount of
the | ||||||
22 | fine authorized for the offense for which the defendant was | ||||||
23 | sentenced;
| ||||||
24 | (13) contribute a reasonable sum of money, not to | ||||||
25 | exceed the maximum
amount of the fine authorized for the
| ||||||
26 | offense for which the defendant was sentenced, (i) to a |
| |||||||
| |||||||
1 | "local anti-crime
program", as defined in Section 7 of the | ||||||
2 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
3 | the jurisdiction of the Department of Natural Resources, to | ||||||
4 | the fund established by the Department of Natural Resources | ||||||
5 | for the purchase of evidence for investigation purposes and | ||||||
6 | to conduct investigations as outlined in Section 805-105 of | ||||||
7 | the Department of Natural Resources (Conservation) Law;
| ||||||
8 | (14) refrain from entering into a designated | ||||||
9 | geographic area except upon
such terms as the court finds | ||||||
10 | appropriate. Such terms may include
consideration of the | ||||||
11 | purpose of the entry, the time of day, other persons
| ||||||
12 | accompanying the defendant, and advance approval by a
| ||||||
13 | probation officer, if
the defendant has been placed on | ||||||
14 | probation or advance approval by the
court, if the | ||||||
15 | defendant was placed on conditional discharge;
| ||||||
16 | (15) refrain from having any contact, directly or | ||||||
17 | indirectly, with
certain specified persons or particular | ||||||
18 | types of persons, including but not
limited to members of | ||||||
19 | street gangs and drug users or dealers;
| ||||||
20 | (16) refrain from having in his or her body the | ||||||
21 | presence of any illicit
drug prohibited by the Cannabis | ||||||
22 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | unless prescribed by a physician, and submit samples of
his | ||||||
25 | or her blood or urine or both for tests to determine the | ||||||
26 | presence of any
illicit drug;
|
| |||||||
| |||||||
1 | (17) if convicted for an offense committed on or after | ||||||
2 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
3 | would qualify the accused as a child sex offender as | ||||||
4 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012, refrain from | ||||||
6 | communicating with or contacting, by means of the Internet, | ||||||
7 | a person who is related to the accused and whom the accused | ||||||
8 | reasonably believes to be under 18 years of age; for | ||||||
9 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
10 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
11 | 2012; and a person is related to the accused if the person | ||||||
12 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
13 | a descendant of the accused; (iii) a first or second cousin | ||||||
14 | of the accused; or (iv) a step-child or adopted child of | ||||||
15 | 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, except as provided in an administrative | ||||||
15 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
16 | circuit court shall pay all moneys collected from these fees to | ||||||
17 | the county
treasurer who shall use the moneys collected to | ||||||
18 | defray the costs of
drug testing, alcohol testing, and | ||||||
19 | electronic monitoring.
The county treasurer shall deposit the | ||||||
20 | fees collected in the
county working cash fund under Section | ||||||
21 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
22 | may be.
The Chief Judge of the circuit court of the county may | ||||||
23 | by administrative order establish a program for electronic | ||||||
24 | monitoring of offenders, in which a vendor supplies and | ||||||
25 | monitors the operation of the electronic monitoring device, and | ||||||
26 | collects the fees on behalf of the county. The program shall |
| |||||||
| |||||||
1 | include provisions for indigent offenders and the collection of | ||||||
2 | unpaid fees. The program shall not unduly burden the offender | ||||||
3 | and shall be subject to review by the Chief Judge.
| ||||||
4 | The Chief Judge of the circuit court may suspend any | ||||||
5 | additional charges or fees for late payment, interest, or | ||||||
6 | damage to any device. | ||||||
7 | (h) Jurisdiction over an offender may be transferred from | ||||||
8 | the
sentencing court to the court of another circuit with the | ||||||
9 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
10 | jurisdiction are also
authorized in the same manner. The court | ||||||
11 | to which jurisdiction has been
transferred shall have the same | ||||||
12 | powers as the sentencing court.
The probation department within | ||||||
13 | the circuit to which jurisdiction has been transferred, or | ||||||
14 | which has agreed to provide supervision, may impose probation | ||||||
15 | fees upon receiving the transferred offender, as provided in | ||||||
16 | subsection (i). For all transfer cases, as defined in Section | ||||||
17 | 9b of the Probation and Probation Officers Act, the probation | ||||||
18 | department from the original sentencing court shall retain all | ||||||
19 | probation fees collected prior to the transfer. After the | ||||||
20 | transfer,
all probation fees shall be paid to the probation | ||||||
21 | department within the
circuit to which jurisdiction has been | ||||||
22 | transferred.
| ||||||
23 | (i) The court shall impose upon an offender
sentenced to | ||||||
24 | probation after January 1, 1989 or to conditional discharge
| ||||||
25 | after January 1, 1992 or to community service under the | ||||||
26 | supervision of a
probation or court services department after |
| |||||||
| |||||||
1 | January 1, 2004, as a condition of such probation or | ||||||
2 | conditional
discharge or supervised community service, a fee of | ||||||
3 | $50
for each month of probation or
conditional
discharge | ||||||
4 | supervision or supervised community service ordered by the | ||||||
5 | court, unless after
determining the inability of the person | ||||||
6 | sentenced to probation or conditional
discharge or supervised | ||||||
7 | community service to pay the
fee, the court assesses a lesser | ||||||
8 | fee. The court may not impose the fee on a
minor who is placed | ||||||
9 | in the guardianship or custody of the Department of Children | ||||||
10 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
11 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
12 | an offender who is actively supervised by the
probation and | ||||||
13 | court services
department. The fee shall be collected by the | ||||||
14 | clerk
of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies
collected from this fee to the county | ||||||
16 | treasurer for deposit in the
probation and court services fund | ||||||
17 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
18 | A circuit court may not impose a probation fee under this | ||||||
19 | subsection (i) in excess of $25
per month unless the circuit | ||||||
20 | court has adopted, by administrative
order issued by the chief | ||||||
21 | judge, a standard probation fee guide
determining an offender's | ||||||
22 | ability to pay Of the
amount collected as a probation fee, up | ||||||
23 | to $5 of that fee
collected per month may be used to provide | ||||||
24 | services to crime victims
and their families. | ||||||
25 | The Court may only waive probation fees based on an | ||||||
26 | offender's ability to pay. The probation department may |
| |||||||
| |||||||
1 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
2 | with the approval of the Director of Court Services or the | ||||||
3 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
4 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
5 | offender that has been assigned to the supervision of a | ||||||
6 | probation department, or has been transferred either under | ||||||
7 | subsection (h) of this Section or under any interstate compact, | ||||||
8 | shall be required to pay probation fees to the department | ||||||
9 | supervising the offender, based on the offender's ability to | ||||||
10 | pay.
| ||||||
11 | Public Act 93-970 deletes the $10 increase in the fee under | ||||||
12 | this subsection that was imposed by Public Act 93-616. This | ||||||
13 | deletion is intended to control over any other Act of the 93rd | ||||||
14 | General Assembly that retains or incorporates that fee | ||||||
15 | increase. | ||||||
16 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
17 | of this Section, in the case of an offender convicted of a | ||||||
18 | felony sex offense (as defined in the Sex Offender Management | ||||||
19 | Board Act) or an offense that the court or probation department | ||||||
20 | has determined to be sexually motivated (as defined in the Sex | ||||||
21 | Offender Management Board Act), the court or the probation | ||||||
22 | department shall assess additional fees to pay for all costs of | ||||||
23 | treatment, assessment, evaluation for risk and treatment, and | ||||||
24 | monitoring the offender, based on that offender's ability to | ||||||
25 | pay those costs either as they occur or under a payment plan. | ||||||
26 | (j) All fines and costs imposed under this Section for any |
| |||||||
| |||||||
1 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
2 | Code, or a similar
provision of a local ordinance, and any | ||||||
3 | violation of the Child Passenger
Protection Act, or a similar | ||||||
4 | provision of a local ordinance, shall be
collected and | ||||||
5 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
6 | of the Clerks of Courts Act.
| ||||||
7 | (k) Any offender who is sentenced to probation or | ||||||
8 | conditional discharge for a felony sex offense as defined in | ||||||
9 | the Sex Offender Management Board Act or any offense that the | ||||||
10 | court or probation department has determined to be sexually | ||||||
11 | motivated as defined in the Sex Offender Management Board Act | ||||||
12 | shall be required to refrain from any contact, directly or | ||||||
13 | indirectly, with any persons specified by the court and shall | ||||||
14 | be available for all evaluations and treatment programs | ||||||
15 | required by the court or the probation department.
| ||||||
16 | (l) The court may order an offender who is sentenced to | ||||||
17 | probation or conditional
discharge for a violation of an order | ||||||
18 | of protection be placed under electronic surveillance as | ||||||
19 | provided in Section 5-8A-7 of this Code. | ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
21 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
22 | 1-8-18.) | ||||||
23 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
24 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
25 | discharge.
|
| |||||||
| |||||||
1 | (a) The conditions of probation and of conditional | ||||||
2 | discharge shall be
that the person:
| ||||||
3 | (1) not violate any criminal statute of any | ||||||
4 | jurisdiction;
| ||||||
5 | (2) report to or appear in person before such person or | ||||||
6 | agency as
directed by the court;
| ||||||
7 | (3) refrain from possessing a firearm or other | ||||||
8 | dangerous weapon where the offense is a felony or, if a | ||||||
9 | misdemeanor, the offense involved the intentional or | ||||||
10 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
11 | (4) not leave the State without the consent of the | ||||||
12 | court or, in
circumstances in which the reason for the | ||||||
13 | absence is of such an emergency
nature that prior consent | ||||||
14 | by the court is not possible, without the prior
| ||||||
15 | notification and approval of the person's probation
| ||||||
16 | officer. Transfer of a person's probation or conditional | ||||||
17 | discharge
supervision to another state is subject to | ||||||
18 | acceptance by the other state
pursuant to the Interstate | ||||||
19 | Compact for Adult Offender Supervision;
| ||||||
20 | (5) permit the probation officer to visit
him at his | ||||||
21 | home or elsewhere
to the extent necessary to discharge his | ||||||
22 | duties;
| ||||||
23 | (6) perform no less than 30 hours of community service | ||||||
24 | and not more than
120 hours of community service, if | ||||||
25 | community service is available in the
jurisdiction and is | ||||||
26 | funded and approved by the county board where the offense
|
| |||||||
| |||||||
1 | was committed, where the offense was related to or in | ||||||
2 | furtherance of the
criminal activities of an organized gang | ||||||
3 | and was motivated by the offender's
membership in or | ||||||
4 | allegiance to an organized gang. The community service | ||||||
5 | shall
include, but not be limited to, the cleanup and | ||||||
6 | repair of any damage caused by
a violation of Section | ||||||
7 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012 and similar damage
to property located within the | ||||||
9 | municipality or county in which the violation
occurred. | ||||||
10 | When possible and reasonable, the community service should | ||||||
11 | be
performed in the offender's neighborhood. For purposes | ||||||
12 | of this Section,
"organized gang" has the meaning ascribed | ||||||
13 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
14 | Omnibus Prevention Act. The court may give credit toward | ||||||
15 | the fulfillment of community service hours for | ||||||
16 | participation in activities and treatment as determined by | ||||||
17 | court services;
| ||||||
18 | (7) if he or she is at least 17 years of age and has | ||||||
19 | been sentenced to
probation or conditional discharge for a | ||||||
20 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
21 | inhabitants and has not been previously convicted of a
| ||||||
22 | misdemeanor or felony, may be required by the sentencing | ||||||
23 | court to attend
educational courses designed to prepare the | ||||||
24 | defendant for a high school diploma
and to work toward a | ||||||
25 | high school diploma or to work toward passing high school | ||||||
26 | equivalency testing or to work toward
completing a |
| |||||||
| |||||||
1 | vocational training program approved by the court. The | ||||||
2 | person on
probation or conditional discharge must attend a | ||||||
3 | public institution of
education to obtain the educational | ||||||
4 | or vocational training required by this paragraph
(7). The | ||||||
5 | court shall revoke the probation or conditional discharge | ||||||
6 | of a
person who wilfully fails to comply with this | ||||||
7 | paragraph (7). The person on
probation or conditional | ||||||
8 | discharge shall be required to pay for the cost of the
| ||||||
9 | educational courses or high school equivalency testing if a | ||||||
10 | fee is charged for those courses or testing. The court | ||||||
11 | shall resentence the offender whose probation or | ||||||
12 | conditional
discharge has been revoked as provided in | ||||||
13 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
14 | person who has a high school diploma or has successfully | ||||||
15 | passed high school equivalency testing. This paragraph (7) | ||||||
16 | does not apply to a person who is determined by
the court | ||||||
17 | to be a person with a developmental disability or otherwise | ||||||
18 | mentally incapable of
completing the educational or | ||||||
19 | vocational program;
| ||||||
20 | (8) if convicted of possession of a substance | ||||||
21 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
22 | Controlled Substances Act, or the Methamphetamine Control | ||||||
23 | and Community Protection Act
after a previous conviction or | ||||||
24 | disposition of supervision for possession of a
substance | ||||||
25 | prohibited by the Cannabis Control Act or Illinois | ||||||
26 | Controlled
Substances Act or after a sentence of probation |
| |||||||
| |||||||
1 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
2 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
3 | the Methamphetamine Control and Community Protection Act | ||||||
4 | and upon a
finding by the court that the person is | ||||||
5 | addicted, undergo treatment at a
substance abuse program | ||||||
6 | approved by the court;
| ||||||
7 | (8.5) if convicted of a felony sex offense as defined | ||||||
8 | in the Sex
Offender
Management Board Act, the person shall | ||||||
9 | undergo and successfully complete sex
offender treatment | ||||||
10 | by a treatment provider approved by the Board and conducted
| ||||||
11 | in conformance with the standards developed under the Sex
| ||||||
12 | Offender Management Board Act;
| ||||||
13 | (8.6) if convicted of a sex offense as defined in the | ||||||
14 | Sex Offender Management Board Act, refrain from residing at | ||||||
15 | the same address or in the same condominium unit or | ||||||
16 | apartment unit or in the same condominium complex or | ||||||
17 | apartment complex with another person he or she knows or | ||||||
18 | reasonably should know is a convicted sex offender or has | ||||||
19 | been placed on supervision for a sex offense; the | ||||||
20 | provisions of this paragraph do not apply to a person | ||||||
21 | convicted of a sex offense who is placed in a Department of | ||||||
22 | Corrections licensed transitional housing facility for sex | ||||||
23 | offenders; | ||||||
24 | (8.7) if convicted for an offense committed on or after | ||||||
25 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
26 | would qualify the accused as a child sex offender as |
| |||||||
| |||||||
1 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012, refrain from | ||||||
3 | communicating with or contacting, by means of the Internet, | ||||||
4 | a person who is not related to the accused and whom the | ||||||
5 | accused reasonably believes to be under 18 years of age; | ||||||
6 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
7 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
8 | Code of 2012; and a person is not related to the accused if | ||||||
9 | the person is not: (i) the spouse, brother, or sister of | ||||||
10 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
11 | first or second cousin of the accused; or (iv) a step-child | ||||||
12 | or adopted child of the accused; | ||||||
13 | (8.8) if convicted for an offense under Section 11-6, | ||||||
14 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
15 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | or any attempt to commit any of these offenses, committed | ||||||
18 | on or after June 1, 2009 (the effective date of Public Act | ||||||
19 | 95-983): | ||||||
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 | offender'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; | ||||||
18 | (8.9) if convicted of a sex offense as defined in the | ||||||
19 | Sex Offender
Registration Act committed on or after January | ||||||
20 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
21 | from accessing or using a social networking website as | ||||||
22 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
23 | (9) if convicted of a felony or of any misdemeanor | ||||||
24 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
25 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012 that was determined, pursuant to Section 112A-11.1 of |
| |||||||
| |||||||
1 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
2 | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | ||||||
3 | physically surrender, at a time and place designated by the | ||||||
4 | court, all firearms in his or her possession to a law | ||||||
5 | enforcement officer designated by the court to take custody | ||||||
6 | of and impound the firearms and physically surrender his or | ||||||
7 | her Firearm Owner's Identification Card to the law | ||||||
8 | enforcement agency as a condition of remaining on bond | ||||||
9 | pending sentencing, unless the defendant requests to | ||||||
10 | transfer his or her firearms under Section 9.5 of the | ||||||
11 | Firearm Owners Identification Card Act first. A defendant | ||||||
12 | whose Firearm Owner's Identification Card has been revoked | ||||||
13 | or suspended may petition the court to transfer the | ||||||
14 | respondent's firearm to a person who is lawfully able to | ||||||
15 | possess the firearm if the person does not reside at the | ||||||
16 | same address as the respondent. The transferee who receives | ||||||
17 | the respondent's firearms must swear or affirm by affidavit | ||||||
18 | that he or she shall not transfer the firearm to the | ||||||
19 | defendant or to anyone residing in the same residence as | ||||||
20 | the defendant, until the defendant's Firearm Owner's | ||||||
21 | Identification Card has been reinstated. The law | ||||||
22 | enforcement agency, upon transfer of the firearms, shall | ||||||
23 | require the defendant to complete a Firearm Disposition | ||||||
24 | Record under Section 9.5 of the Firearm Owner's | ||||||
25 | Identification Card Act and provide a copy to the | ||||||
26 | Department of State Police along with the defendants |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card physically surrender | ||||||
2 | at a time and place
designated by the court, his or her | ||||||
3 | Firearm
Owner's Identification Card and
any and all | ||||||
4 | firearms in
his or her possession. The Court shall return | ||||||
5 | to the Department of State Police Firearm Owner's | ||||||
6 | Identification Card Office the person's Firearm Owner's | ||||||
7 | Identification Card ;
| ||||||
8 | (10) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | offender is a parent or guardian of the person under 18 | ||||||
11 | years of age present in the home and no non-familial minors | ||||||
12 | are present, not participate in a holiday event involving | ||||||
13 | children under 18 years of age, such as distributing candy | ||||||
14 | or other items to children on Halloween, wearing a Santa | ||||||
15 | Claus costume on or preceding Christmas, being employed as | ||||||
16 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
17 | costume on or preceding Easter; | ||||||
18 | (11) if convicted of a sex offense as defined in | ||||||
19 | Section 2 of the Sex Offender Registration Act committed on | ||||||
20 | or after January 1, 2010 (the effective date of Public Act | ||||||
21 | 96-362) that requires the person to register as a sex | ||||||
22 | offender under that Act, may not knowingly use any computer | ||||||
23 | scrub software on any computer that the sex offender uses; | ||||||
24 | (12) if convicted of a violation of the Methamphetamine | ||||||
25 | Control and Community Protection Act, the Methamphetamine
| ||||||
26 | Precursor Control Act, or a methamphetamine related |
| |||||||
| |||||||
1 | offense: | ||||||
2 | (A) prohibited from purchasing, possessing, or | ||||||
3 | having under his or her control any product containing | ||||||
4 | pseudoephedrine unless prescribed by a physician; and | ||||||
5 | (B) prohibited from purchasing, possessing, or | ||||||
6 | having under his or her control any product containing | ||||||
7 | ammonium nitrate; and | ||||||
8 | (13) if convicted of a hate crime involving the | ||||||
9 | protected class identified in subsection (a) of Section | ||||||
10 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
11 | offense the offender committed, perform public or | ||||||
12 | community service of no less than 200 hours and enroll in | ||||||
13 | an educational program discouraging hate crimes that | ||||||
14 | includes racial, ethnic, and cultural sensitivity training | ||||||
15 | ordered by the court ; . | ||||||
16 | (14) if convicted of a felony, the defendant shall | ||||||
17 | physically surrender, at a time and place designated by the | ||||||
18 | court, all firearms in his or her possession to a law | ||||||
19 | enforcement officer designated by the court to take custody | ||||||
20 | of and impound the firearms and physically surrender his or | ||||||
21 | her Firearm Owner's Identification Card to the law | ||||||
22 | enforcement agency as a condition of remaining on bond | ||||||
23 | pending sentencing, unless the defendant requests to | ||||||
24 | transfer his or her firearms under Section 9.5 of the | ||||||
25 | Firearm Owners Identification Card Act first. A defendant | ||||||
26 | whose Firearm Owner's Identification Card has been revoked |
| |||||||
| |||||||
1 | or suspended may petition the court to transfer the | ||||||
2 | respondent's firearm to a person who is lawfully able to | ||||||
3 | possess the firearm if the person does not reside at the | ||||||
4 | same address as the respondent. The transferee who receives | ||||||
5 | the respondent's firearms must swear or affirm by affidavit | ||||||
6 | that he or she shall not transfer the firearm to the | ||||||
7 | defendant or to anyone residing in the same residence as | ||||||
8 | the defendant, until the defendant's Firearm Owner's | ||||||
9 | Identification Card has been reinstated. The law | ||||||
10 | enforcement agency, upon transfer of the firearms, shall | ||||||
11 | require the defendant to complete a Firearm Disposition | ||||||
12 | Record under Section 9.5 of the Firearm Owners | ||||||
13 | Identification Card Act and provide a copy to the | ||||||
14 | Department of State Police along with the defendants | ||||||
15 | Firearm Owner's Identification Card; and | ||||||
16 | (15) if the person is under 21 years of age who has | ||||||
17 | been convicted of a misdemeanor offense other than a | ||||||
18 | traffic offense, the defendant shall physically surrender, | ||||||
19 | at a time and place designated by the court, all firearms | ||||||
20 | in his or her possession to a law enforcement officer | ||||||
21 | designated by the court to take custody of and impound the | ||||||
22 | firearms and physically surrender his or her Firearm | ||||||
23 | Owner's Identification Card to the law enforcement agency | ||||||
24 | as a condition of remaining on bond pending sentencing, | ||||||
25 | unless the defendant requests to transfer his or her | ||||||
26 | firearms under Section 9.5 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act first. A defendant whose Firearm | ||||||
2 | Owner's Identification Card has been revoked or suspended | ||||||
3 | may petition the court to transfer the respondent's firearm | ||||||
4 | to a person who is lawfully able to possess the firearm if | ||||||
5 | the person does not reside at the same address as the | ||||||
6 | respondent. The transferee who receives the respondent's | ||||||
7 | firearms must swear or affirm by affidavit that he or she | ||||||
8 | shall not transfer the firearm to the defendant or to | ||||||
9 | anyone residing in the same residence as the defendant, | ||||||
10 | until the defendant's Firearm Owner's Identification Card | ||||||
11 | has been reinstated. The law enforcement agency, upon | ||||||
12 | transfer of the firearms, shall require the defendant to | ||||||
13 | complete a Firearm Disposition Record under Section 9.5 of | ||||||
14 | the Firearm Owners Identification Card Act and provide a | ||||||
15 | copy to the Department of State Police along with the | ||||||
16 | defendants Firearm Owner's Identification Card. | ||||||
17 | (b) The Court may in addition to other reasonable | ||||||
18 | conditions relating to the
nature of the offense or the | ||||||
19 | rehabilitation of the defendant as determined for
each | ||||||
20 | defendant in the proper discretion of the Court require that | ||||||
21 | the person:
| ||||||
22 | (1) serve a term of periodic imprisonment under Article | ||||||
23 | 7 for a
period not to exceed that specified in paragraph | ||||||
24 | (d) of Section 5-7-1;
| ||||||
25 | (2) pay a fine and costs;
| ||||||
26 | (3) work or pursue a course of study or vocational |
| |||||||
| |||||||
1 | training;
| ||||||
2 | (4) undergo medical, psychological or psychiatric | ||||||
3 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
4 | (5) attend or reside in a facility established for the | ||||||
5 | instruction
or residence of defendants on probation;
| ||||||
6 | (6) support his dependents;
| ||||||
7 | (7) and in addition, if a minor:
| ||||||
8 | (i) reside with his parents or in a foster home;
| ||||||
9 | (ii) attend school;
| ||||||
10 | (iii) attend a non-residential program for youth;
| ||||||
11 | (iv) contribute to his own support at home or in a | ||||||
12 | foster home;
| ||||||
13 | (v) with the consent of the superintendent of the
| ||||||
14 | facility, attend an educational program at a facility | ||||||
15 | other than the school
in which the
offense was | ||||||
16 | committed if he
or she is convicted of a crime of | ||||||
17 | violence as
defined in
Section 2 of the Crime Victims | ||||||
18 | Compensation Act committed in a school, on the
real
| ||||||
19 | property
comprising a school, or within 1,000 feet of | ||||||
20 | the real property comprising a
school;
| ||||||
21 | (8) make restitution as provided in Section 5-5-6 of | ||||||
22 | this Code;
| ||||||
23 | (9) perform some reasonable public or community | ||||||
24 | service;
| ||||||
25 | (10) serve a term of home confinement. In addition to | ||||||
26 | any other
applicable condition of probation or conditional |
| |||||||
| |||||||
1 | discharge, the
conditions of home confinement shall be that | ||||||
2 | the offender:
| ||||||
3 | (i) remain within the interior premises of the | ||||||
4 | place designated for
his confinement during the hours | ||||||
5 | designated by the court;
| ||||||
6 | (ii) admit any person or agent designated by the | ||||||
7 | court into the
offender's place of confinement at any | ||||||
8 | time for purposes of verifying
the offender's | ||||||
9 | compliance with the conditions of his confinement; and
| ||||||
10 | (iii) if further deemed necessary by the court or | ||||||
11 | the
Probation or
Court Services Department, be placed | ||||||
12 | on an approved
electronic monitoring device, subject | ||||||
13 | to Article 8A of Chapter V;
| ||||||
14 | (iv) for persons convicted of any alcohol, | ||||||
15 | cannabis or controlled
substance violation who are | ||||||
16 | placed on an approved monitoring device as a
condition | ||||||
17 | of probation or conditional discharge, the court shall | ||||||
18 | impose a
reasonable fee for each day of the use of the | ||||||
19 | device, as established by the
county board in | ||||||
20 | subsection (g) of this Section, unless after | ||||||
21 | determining the
inability of the offender to pay the | ||||||
22 | fee, the court assesses a lesser fee or no
fee as the | ||||||
23 | case may be. This fee shall be imposed in addition to | ||||||
24 | the fees
imposed under subsections (g) and (i) of this | ||||||
25 | Section. The fee shall be
collected by the clerk of the | ||||||
26 | circuit court, except as provided in an administrative |
| |||||||
| |||||||
1 | order of the Chief Judge of the circuit court. The | ||||||
2 | clerk of the circuit
court shall pay all monies | ||||||
3 | collected from this fee to the county treasurer
for | ||||||
4 | deposit in the substance abuse services fund under | ||||||
5 | Section 5-1086.1 of
the Counties Code, except as | ||||||
6 | provided in an administrative order of the Chief Judge | ||||||
7 | of the circuit court. | ||||||
8 | The Chief Judge of the circuit court of the county | ||||||
9 | may by administrative order establish a program for | ||||||
10 | electronic monitoring of offenders, in which a vendor | ||||||
11 | supplies and monitors the operation of the electronic | ||||||
12 | monitoring device, and collects the fees on behalf of | ||||||
13 | the county. The program shall include provisions for | ||||||
14 | indigent offenders and the collection of unpaid fees. | ||||||
15 | The program shall not unduly burden the offender and | ||||||
16 | shall be subject to review by the Chief Judge. | ||||||
17 | The Chief Judge of the circuit court may suspend | ||||||
18 | any additional charges or fees for late payment, | ||||||
19 | interest, or damage to any device; and
| ||||||
20 | (v) for persons convicted of offenses other than | ||||||
21 | those referenced in
clause (iv) above and who are | ||||||
22 | placed on an approved monitoring device as a
condition | ||||||
23 | of probation or conditional discharge, the court shall | ||||||
24 | impose
a reasonable fee for each day of the use of the | ||||||
25 | device, as established by the
county board in | ||||||
26 | subsection (g) of this Section, unless after |
| |||||||
| |||||||
1 | determining the
inability of the defendant to pay the | ||||||
2 | fee, the court assesses a lesser fee or
no fee as the | ||||||
3 | case may be. This fee shall be imposed in addition to | ||||||
4 | the fees
imposed under subsections (g) and (i) of this | ||||||
5 | Section. The fee
shall be collected by the clerk of the | ||||||
6 | circuit court, except as provided in an administrative | ||||||
7 | order of the Chief Judge of the circuit court. The | ||||||
8 | clerk of the circuit
court shall pay all monies | ||||||
9 | collected from this fee
to the county treasurer who | ||||||
10 | shall use the monies collected to defray the
costs of | ||||||
11 | corrections. The county treasurer shall deposit the | ||||||
12 | fee
collected in the probation and court services fund.
| ||||||
13 | The Chief Judge of the circuit court of the county may | ||||||
14 | by administrative order establish a program for | ||||||
15 | electronic monitoring of offenders, in which a vendor | ||||||
16 | supplies and monitors the operation of the electronic | ||||||
17 | monitoring device, and collects the fees on behalf of | ||||||
18 | the county. The program shall include provisions for | ||||||
19 | indigent offenders and the collection of unpaid fees. | ||||||
20 | The program shall not unduly burden the offender and | ||||||
21 | shall be subject to review by the Chief Judge.
| ||||||
22 | The Chief Judge of the circuit court may suspend | ||||||
23 | any additional charges or fees for late payment, | ||||||
24 | interest, or damage to any device. | ||||||
25 | (11) comply with the terms and conditions of an order | ||||||
26 | of protection issued
by the court pursuant to the Illinois |
| |||||||
| |||||||
1 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
2 | or an order of protection issued by the court of
another | ||||||
3 | state, tribe, or United States territory. A copy of the | ||||||
4 | order of
protection shall be
transmitted to the probation | ||||||
5 | officer or agency
having responsibility for the case;
| ||||||
6 | (12) reimburse any "local anti-crime program" as | ||||||
7 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
8 | for any reasonable expenses incurred
by the program on the | ||||||
9 | offender's case, not to exceed the maximum amount of
the | ||||||
10 | fine authorized for the offense for which the defendant was | ||||||
11 | sentenced;
| ||||||
12 | (13) contribute a reasonable sum of money, not to | ||||||
13 | exceed the maximum
amount of the fine authorized for the
| ||||||
14 | offense for which the defendant was sentenced, (i) to a | ||||||
15 | "local anti-crime
program", as defined in Section 7 of the | ||||||
16 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
17 | the jurisdiction of the Department of Natural Resources, to | ||||||
18 | the fund established by the Department of Natural Resources | ||||||
19 | for the purchase of evidence for investigation purposes and | ||||||
20 | to conduct investigations as outlined in Section 805-105 of | ||||||
21 | the Department of Natural Resources (Conservation) Law;
| ||||||
22 | (14) refrain from entering into a designated | ||||||
23 | geographic area except upon
such terms as the court finds | ||||||
24 | appropriate. Such terms may include
consideration of the | ||||||
25 | purpose of the entry, the time of day, other persons
| ||||||
26 | accompanying the defendant, and advance approval by a
|
| |||||||
| |||||||
1 | probation officer, if
the defendant has been placed on | ||||||
2 | probation or advance approval by the
court, if the | ||||||
3 | defendant was placed on conditional discharge;
| ||||||
4 | (15) refrain from having any contact, directly or | ||||||
5 | indirectly, with
certain specified persons or particular | ||||||
6 | types of persons, including but not
limited to members of | ||||||
7 | street gangs and drug users or dealers;
| ||||||
8 | (16) refrain from having in his or her body the | ||||||
9 | presence of any illicit
drug prohibited by the Cannabis | ||||||
10 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | unless prescribed by a physician, and submit samples of
his | ||||||
13 | or her blood or urine or both for tests to determine the | ||||||
14 | presence of any
illicit drug;
| ||||||
15 | (17) if convicted for an offense committed on or after | ||||||
16 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
17 | would qualify the accused as a child sex offender as | ||||||
18 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012, refrain from | ||||||
20 | communicating with or contacting, by means of the Internet, | ||||||
21 | a person who is related to the accused and whom the accused | ||||||
22 | reasonably believes to be under 18 years of age; for | ||||||
23 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
24 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
25 | 2012; and a person is related to the accused if the person | ||||||
26 | is: (i) the spouse, brother, or sister of the accused; (ii) |
| |||||||
| |||||||
1 | a descendant of the accused; (iii) a first or second cousin | ||||||
2 | of the accused; or (iv) a step-child or adopted child of | ||||||
3 | the accused; | ||||||
4 | (18) if convicted for an offense committed on or after | ||||||
5 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
6 | would qualify as a sex offense as defined in the Sex | ||||||
7 | Offender Registration Act: | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the offender's probation officer, | ||||||
11 | except in connection with the offender's employment or | ||||||
12 | search for employment with the prior approval of the | ||||||
13 | offender's probation officer; | ||||||
14 | (ii) submit to periodic unannounced examinations | ||||||
15 | of the offender's computer or any other device with | ||||||
16 | Internet capability by the offender's probation | ||||||
17 | officer, a law enforcement officer, or assigned | ||||||
18 | computer or information technology specialist, | ||||||
19 | including the retrieval and copying of all data from | ||||||
20 | the computer or device and any internal or external | ||||||
21 | peripherals and removal of such information, | ||||||
22 | equipment, or device to conduct a more thorough | ||||||
23 | inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | subject'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 offender's probation officer; and | ||||||
6 | (19) refrain from possessing a firearm or other | ||||||
7 | dangerous weapon where the offense is a misdemeanor that | ||||||
8 | did not involve the intentional or knowing infliction of | ||||||
9 | bodily harm or threat of bodily harm. | ||||||
10 | (c) The court may as a condition of probation or of | ||||||
11 | conditional
discharge require that a person under 18 years of | ||||||
12 | age found guilty of any
alcohol, cannabis or controlled | ||||||
13 | substance violation, refrain from acquiring
a driver's license | ||||||
14 | during
the period of probation or conditional discharge. If | ||||||
15 | such person
is in possession of a permit or license, the court | ||||||
16 | may require that
the minor refrain from driving or operating | ||||||
17 | any motor vehicle during the
period of probation or conditional | ||||||
18 | discharge, except as may be necessary in
the course of the | ||||||
19 | minor's lawful employment.
| ||||||
20 | (d) An offender sentenced to probation or to conditional | ||||||
21 | discharge
shall be given a certificate setting forth the | ||||||
22 | conditions thereof.
| ||||||
23 | (e) Except where the offender has committed a fourth or | ||||||
24 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
25 | Illinois Vehicle Code,
the court shall not require as a | ||||||
26 | condition of the sentence of
probation or conditional discharge |
| |||||||
| |||||||
1 | that the offender be committed to a
period of imprisonment in | ||||||
2 | excess of 6 months.
This 6-month limit shall not include | ||||||
3 | periods of confinement given pursuant to
a sentence of county | ||||||
4 | impact incarceration under Section 5-8-1.2.
| ||||||
5 | Persons committed to imprisonment as a condition of | ||||||
6 | probation or
conditional discharge shall not be committed to | ||||||
7 | the Department of
Corrections.
| ||||||
8 | (f) The court may combine a sentence of periodic | ||||||
9 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
10 | incarceration program under
Article 8 with a sentence of | ||||||
11 | probation or conditional discharge.
| ||||||
12 | (g) An offender sentenced to probation or to conditional | ||||||
13 | discharge and
who during the term of either undergoes mandatory | ||||||
14 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
15 | on an approved electronic monitoring
device, shall be ordered | ||||||
16 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
17 | testing, or both, and all costs
incidental to such approved | ||||||
18 | electronic monitoring in accordance with the
defendant's | ||||||
19 | ability to pay those costs. The county board with
the | ||||||
20 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
21 | the county is located shall establish reasonable fees for
the | ||||||
22 | cost of maintenance, testing, and incidental expenses related | ||||||
23 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
24 | costs incidental to
approved electronic monitoring, involved | ||||||
25 | in a successful probation program
for the county. The | ||||||
26 | concurrence of the Chief Judge shall be in the form of
an |
| |||||||
| |||||||
1 | administrative order.
The fees shall be collected by the clerk | ||||||
2 | of the circuit court, except as provided in an administrative | ||||||
3 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
4 | circuit court shall pay all moneys collected from these fees to | ||||||
5 | the county
treasurer who shall use the moneys collected to | ||||||
6 | defray the costs of
drug testing, alcohol testing, and | ||||||
7 | electronic monitoring.
The county treasurer shall deposit the | ||||||
8 | fees collected in the
county working cash fund under Section | ||||||
9 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
10 | may be.
The Chief Judge of the circuit court of the county may | ||||||
11 | by administrative order establish a program for electronic | ||||||
12 | monitoring of offenders, in which a vendor supplies and | ||||||
13 | monitors the operation of the electronic monitoring device, and | ||||||
14 | collects the fees on behalf of the county. The program shall | ||||||
15 | include provisions for indigent offenders and the collection of | ||||||
16 | unpaid fees. The program shall not unduly burden the offender | ||||||
17 | and shall be subject to review by the Chief Judge.
| ||||||
18 | The Chief Judge of the circuit court may suspend any | ||||||
19 | additional charges or fees for late payment, interest, or | ||||||
20 | damage to any device. | ||||||
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.
The probation department within |
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| |||||||
1 | the circuit to which jurisdiction has been transferred, or | ||||||
2 | which has agreed to provide supervision, may impose probation | ||||||
3 | fees upon receiving the transferred offender, as provided in | ||||||
4 | subsection (i). For all transfer cases, as defined in Section | ||||||
5 | 9b of the Probation and Probation Officers Act, the probation | ||||||
6 | department from the original sentencing court shall retain all | ||||||
7 | probation fees collected prior to the transfer. After the | ||||||
8 | transfer,
all probation fees shall be paid to the probation | ||||||
9 | department within the
circuit to which jurisdiction has been | ||||||
10 | transferred.
| ||||||
11 | (i) The court shall impose upon an offender
sentenced to | ||||||
12 | probation after January 1, 1989 or to conditional discharge
| ||||||
13 | after January 1, 1992 or to community service under the | ||||||
14 | supervision of a
probation or court services department after | ||||||
15 | January 1, 2004, as a condition of such probation or | ||||||
16 | conditional
discharge or supervised community service, a fee of | ||||||
17 | $50
for each month of probation or
conditional
discharge | ||||||
18 | supervision or supervised community service ordered by the | ||||||
19 | court, unless after
determining the inability of the person | ||||||
20 | sentenced to probation or conditional
discharge or supervised | ||||||
21 | community service to pay the
fee, the court assesses a lesser | ||||||
22 | fee. The court may not impose the fee on a
minor who is placed | ||||||
23 | in the guardianship or custody of the Department of Children | ||||||
24 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
25 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
26 | an offender who is actively supervised by the
probation and |
| |||||||
| |||||||
1 | court services
department. The fee shall be collected by the | ||||||
2 | clerk
of the circuit court. The clerk of the circuit court | ||||||
3 | shall pay all monies
collected from this fee to the county | ||||||
4 | treasurer for deposit in the
probation and court services fund | ||||||
5 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
6 | A circuit court may not impose a probation fee under this | ||||||
7 | subsection (i) in excess of $25
per month unless the circuit | ||||||
8 | court has adopted, by administrative
order issued by the chief | ||||||
9 | judge, a standard probation fee guide
determining an offender's | ||||||
10 | ability to pay Of the
amount collected as a probation fee, up | ||||||
11 | to $5 of that fee
collected per month may be used to provide | ||||||
12 | services to crime victims
and their families. | ||||||
13 | The Court may only waive probation fees based on an | ||||||
14 | offender's ability to pay. The probation department may | ||||||
15 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
16 | with the approval of the Director of Court Services or the | ||||||
17 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
18 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
19 | offender that has been assigned to the supervision of a | ||||||
20 | probation department, or has been transferred either under | ||||||
21 | subsection (h) of this Section or under any interstate compact, | ||||||
22 | shall be required to pay probation fees to the department | ||||||
23 | supervising the offender, based on the offender's ability to | ||||||
24 | pay.
| ||||||
25 | Public Act 93-970 deletes the $10 increase in the fee under | ||||||
26 | this subsection that was imposed by Public Act 93-616. This |
| |||||||
| |||||||
1 | deletion is intended to control over any other Act of the 93rd | ||||||
2 | General Assembly that retains or incorporates that fee | ||||||
3 | increase. | ||||||
4 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
5 | of this Section, in the case of an offender convicted of a | ||||||
6 | felony sex offense (as defined in the Sex Offender Management | ||||||
7 | Board Act) or an offense that the court or probation department | ||||||
8 | has determined to be sexually motivated (as defined in the Sex | ||||||
9 | Offender Management Board Act), the court or the probation | ||||||
10 | department shall assess additional fees to pay for all costs of | ||||||
11 | treatment, assessment, evaluation for risk and treatment, and | ||||||
12 | monitoring the offender, based on that offender's ability to | ||||||
13 | pay those costs either as they occur or under a payment plan. | ||||||
14 | (j) All fines and costs imposed under this Section for any | ||||||
15 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
16 | Code, or a similar
provision of a local ordinance, and any | ||||||
17 | violation of the Child Passenger
Protection Act, or a similar | ||||||
18 | provision of a local ordinance, shall be
collected and | ||||||
19 | disbursed by the circuit clerk as provided under the Criminal | ||||||
20 | and Traffic Assessment Act.
| ||||||
21 | (k) Any offender who is sentenced to probation or | ||||||
22 | conditional discharge for a felony sex offense as defined in | ||||||
23 | the Sex Offender Management Board Act or any offense that the | ||||||
24 | court or probation department has determined to be sexually | ||||||
25 | motivated as defined in the Sex Offender Management Board Act | ||||||
26 | shall be required to refrain from any contact, directly or |
| |||||||
| |||||||
1 | indirectly, with any persons specified by the court and shall | ||||||
2 | be available for all evaluations and treatment programs | ||||||
3 | required by the court or the probation department.
| ||||||
4 | (l) The court may order an offender who is sentenced to | ||||||
5 | probation or conditional
discharge for a violation of an order | ||||||
6 | of protection be placed under electronic surveillance as | ||||||
7 | provided in Section 5-8A-7 of this Code. | ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
9 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
10 | 1-8-18; 100-987, eff. 7-1-19.) | ||||||
11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|